Lords supper and in such things might appoint what he list This manner of declaring the Kings Iurisdiction did so much offend the reformed Churches that Caluin the writers of the Centuries doe much complaine thereof and worthily For the Bishop of Winchester sought not like a curious triar of mettals to seuere the gold from the siluer and drosse from both but as hee found this massie crown of Iurisdiction vpon the Popes head so he tooke it with gold siluer coper drosse and all and set vpon the Kings head So that the thing which procured so much offence was not the title but the Bishops false and erronious declaration of that title If any obiect against me what then will you take vpon you to handle this thing better then such a learned and prudent Prelate I answer the Bishop wanted neither wit nor learning for the opening of this point but onely a loue to the truth which loue when I shall bring to this question I finde my selfe therby so supported that neither the perfections of other men nor mine owne imperfections can daūt me so much as to cause me to giue ouer the defence of the truth True it is that a more skilfull Archimedes might haue beene set on this worke to distinguish the things that haue lien so long confounded in this question or the common helpe of many might haue beene combined wherin our aduersaries are now growen wiser in their generation then the children of light And though it seeme to be true that an euill cause hath more need of helpes yet there is no reason that they who haue the handling of a good cause should in confidence of the cause neglect any helpe that possibly they may attain vnto Albeit we must confesse that the arme of God hath wonderfully declared it selfe by weak meanes against great For if a man should looke vpon the meanes on both sides with an eye of flesh he would thinke as Vzziah did When the Arke was shaken that the Church could not possibly stand vp by so weake meanes For on the one side the Pope sheweth himselfe with the riches of Saint Peters great and potent patrimony with the helpe of so many great Princes with the councell and policie of his Cardinals with the armies of his Canonists Priests secular and regular but especially in these later years of his Iesuites who glorying so much of their learning and filling the world with their vaunts being supported by wealth and policie abounding with all worldly meanes that their hearts can desire incouraged by preferments march like armed troupes entring a battell On the other side a company of poore men Luther Bucer Zuinglius O◅colampadius Martyr Caluin and such like v◅terly contemned of the Iesuites bringing no other furniture with them sauing a good conscience learning and a loue to the trueth seeme to make a poore shew without force without glory If Gods truth were to ◅e vpholden by humane meanes or if the seruants of the truth were drawne to speake in the Church as Lawyers are for their fees at the barre then what hope could wee haue to stand against the Iesuites the Popes Lawyers who by inuincible clamours facing and obstinacy make not truth but victory the end they aime at But as there is great oddes in the meanes on the one side so there appeareth no lesse difference in the successe on the other side For by these weake and contemned means the world is subdued vnto Christ deliuered from the bondage of superstition wisdome is iustified of her owne children and the truth triumpheth in the sincerity and godlinesse of weake meanes against the malice policy and strength of her prepotent aduersaries Which successe compared with the meanes on both sides doth manifest the arme of God to be in the cause that groweth so much against the expectation of the world and meanes For what other power could make so weake meanes preuaile so much against so great policy and strength but the same power though not in the sam◅ measure which by a company of poore Fishermen despised in the world subdued the whole world vnto the obedience of Christ As this successe and blessing by the presence of God hath beene hitherto apparant in this cause so the Iesuites take order that the same successe and blessing may continually hereafter follow our cause vntill it hath rooted out all the aduersaries that make opposition against it for what greater strength or aduantage can bee giuen to our cause then the wickednesse of our aduersaries doth giue How often doth Moses declare to the Church of Israell that the fauour of God was so much declared towards them not for their owne righteousnes but for the wickednes of their aduersaries So that if we should stand still and looke on and holde our selues in patience our aduersaries will worke the meanes by their owne strange cruelties in their Inquisitions by their prophane and vncleane conuersation by their grosse Idolatry by their horrible treasons and conspiracies against the liues of Princes by their diuelish deuises for subuersion of whole States at one blow by their hypocrisie falshood and aequiuocations and by that most admirable and exquisit villany that euer was inuented in deprauing corrupting altering and chaunging all auncient writers by these and the like practises of wickednes they themselues will worke the meanes of our successe and of their owne destruction And if the Prince of this world and his first begotten had not blinded their eyes and their hearts they could not choose but see and acknowledge the experience of Gods fauour and protection mightily declared from heauen vpon our cause our Prince and State and of late much increased and made apparant to all th◅ world by their owne wicked practises Then the difference being so great in the meanes and in the successe so great also betweene our conuersation and theirs must needes declare a great difference betweene our hopes and theirs our Religion and theirs they haue raised the Princes and armies of the world against vs when they pretended peace wee neuer vsed deceit or wrong against them they haue by barbarous deuises attempted to procure our vtter subuersion we desire hartily their conuersion to God they curse reuile and baspheme vs wee pray for them this difference may shew where truth and Religion is and might if they entred into the serious consideration of things drawe them to cease from all wicked attempts to follow and embrace one trueth and to worshippe one God with vs. But if there be no remedy but that Princes and States must be oppugned by a perpetuall league of Conspiracy from Rome if nothing can satisfie them but the blood of Kings then what remaineth but that the Princes of Christendome prepare themselues to that great battel which S. Iohn saith shal be fought in the plain of the earth against Gog and Magog When God shall raise the spirits of princes to that worke he will open the way and giue the
successe for fire shall come downe from God out of heauen and deuoure the enemies Vnto which seruice there is nothing so effectuall to animate the princes of Christendome as is this new and strange claime of the popes Iurisdiction ouer princes which thing because it is so much pursued by the Popes and their flatterers and onely by them as the great marke whereunto they addresse all their attempts and the very summe of all their Religion therfore I haue endeuoured to open the whole to distinguish the parts and to set this question in such a light as I could if not to satisfie all yet at least to giue an occasion to the iudicious I was desirous to leaue no part vntouched that all might come to a triall and am ready also withall to bring my selfe to the triall willing to learne and to amend any error after that it shall be manifested by the truth to bee an errour for which cause I submit all to the iudicious and godly censure of the Church My care was also after my seruice to God to performe herein a true seruice to his Maiesty by opening the Iurisdiction of Kings which I haue done not as they vse to doe who serue the Pope respecting no other rules of that seruice then his pleasure and their adulation but I haue disputed the Kings right with a good conscience from the rules of Gods word knowing that the noble disposition of his Maiesty will admit of no seruice whereby God or the truth is preiudiced All which as I commend to your Graces fauour and protection to whom God hath committed the care of his Church here so with my hearty prayers I commend your Grace to the faâ—…our and protection of God who inrich your heart with his plentifull graces that as for your proper comfort and direction you may enioy them so you may vse them to the glory of God and the comfort of his Church through Iesus Christ. Your Graces to be commanded in all duety GEORGE CARLETON An Admonition to the Reader IT may bee thought strange that so many are found to write in this contradicting age one contrary to another the trueth cannot bee on both sides and therefore there is a great fault on the one side the Reader that is desirous to trie where the fault is may be intreated to marke with aduised obseruation some things wherein our aduersaries wanting either knowledge or sinceritie haue broken all the rules of right writing to deceiue such as cannot iudge of which sort the greatest part consisteth I doe therefore intreat the Readers especially such as reade my Booke with a purpose to answere it to consider these things wherein we challeng our aduersaries for euil dealing in this particular Controuersie First In setting downe our opinion they make it not that which we hold but another thing and then make large discourses in vaine they should vnderstand our cause as we deliuer it for we deuise not their opinion but take it out of their owne bookes especially from the Popes Canons Secondly when they would refute vs they bring their owne Canon law which was deuised in preiudice of the freedome of Princes and is our aduersarie and therefore cannot bee our Iudge Thirdly When they produce the testimonies of ancient fathers the abuse for which we challenge them is that they will not vnderstand the question for the fathers write for the spirituall Iurisdiction of the Church aboue Princes which thing we neuer denied But against the coactiue Iurisdiction of Prinees in matters Ecclesiasticall which thing we hold the Fathers neuer wâ—…ote but they are for it If these things were faithfully obserued as they are all peruerted in this cause by one that termeth himself the Catholick Diuine and if the truth were sought with conscience and not preiudice maintained with resolution men would neuer presume so much vpon the simplicitie of the Readers nor in the confidence of their wit and learning would they suffer themselues to be set to the maintenance of any cause whatsoeuer Let me farther intreate him that would aunswere me to enter into this short and serious meditation with himselfe thus Either my purpose is to serue God for the truth and then I may looke for a blessing vpon my labours or else to serue man though against the truth and then I may looke for a curse vpon my selfe and my labours let this Meditation rule thy pen and heart I aske no more Last of all let me intreate thee of curtesie to amend the faults escaped in printing with thy pen thus P. 2. Lin. 10. Or some others superfluous p. 13. l. 2. as superfluous p. 14. l. 29 for more read meer p. 22. l. 28. the superfluous p. 30. l. 15 for teached r. touched p. 52. marg r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 73. l. 28 r. against the infringers of the priuiledges of the Sea Apostolick p. 85. l. 19. therto superfluous p. 98. l. 27. full superfluous p. 105. l. 8. r. M. Luther p. 107. l. 2. r. M. Luther p. 108. l. 16. r. M. Bucer p. 108. l. 20. r. M. Antonius Flam. p. 109. l. 10. r. M. Chemnicius p. 195. l. 19. Deposed by Pope Stephen r. deposed or his deposition allowed by the consent of Pope Stephen p. 198. l. 4. for the Bishops r. some Bishops p. 211. l. 11. for opportunelyr opportunity p. 228. l. r2 some report the poyson to haue beene giuen in the bread and some in the cup. p. 229. l. 31. for great r. greatest p. 234 l. 15. for Frederic r. Lodouic p. 234. l. 22. for Rhenes r. Rense p. 234. l. 27. for Rhenes r. Rense p. 236. l 19. generall superfluous p. 250. l. 28. r. adhaerentium adhaerere volentium p. 262. l. 21. for ver r. viri p. 272. l. 18. for chusing r. choosen p. 272. l. 22. for to r. in p. 279. l. 30. no supeâ—…fluous p. 294. l. 16. for cultus r. cultu OF THE IVRISDICTION OF PRINCES IN Causes and ouer Persons Ecclesiasticall CHAP. I. The state of the Question THe lawfull authoritie and Iurisdiction of Kings in matters Ecclesiasticall is now and hath beene for some ages heeretofore much impugned by such who by vsurpation hauing incroached vpon the right of Kings seeke by all subtill and colourable deuises to maintaine that by skill and some shew of learning which they haue gotten by fraud All this mischiefe proceedeth from the Bishop of Rome who vsurping powre and taking to himselfe that honour whereunto God hath not called him hath brought all authoritie Ecclesiasticall and Ciuill into great confusion by vsurping the right both of the Church and of States Now our desire being to open the truth and to declare the lawfull right of Princes and power of the Church it seemeth needfull first to set downe what power is giuen to the Pope by them that flatter him so shall the right of the King and of the Church better appeare 2 They yeeld to the Pope a fulnesse of power as they
Iurisdiction 6. From this consideration of persons and causes arise two great questions First concerning the exemption of all causes Ecclesiasticall from the Kings Iurisdiction secondly concerning the exemption of Ecclesiasticall persons from temporall audience and iudicature For the better vnderstanding hereof we may proceede by some distinctions for when our aduersaries teach that the Pope is the head of the Church and we that the King is the supreame gouernor of the Church though in some sound of wordes these things seeme not much to differ yet in truth there is great difference betweene their meaning and ours For they calling the Pope the head to distinguish him from Christ whom the Apostle calleth the head of the Church say that the Pope is the ministeriall head which deuise was first brought in by the Schoolemen for among the auncients it was not knowne but all that speake of the head of the Church before acknowledge none but Christ. Concerning this deuise of the ministeriall head we say with the ancient Fathers that the Catholike Church is but one and hath one head Christ Iesus because to one bodie there can bee but one head from whom grace is infused to the whole body This Catholike Church is as that head is both perfectly known to God not to man this then is but one in all times and places But the visible Churches or particular are many at many times in many places and therefore must haue heads or gouernours aunswerable to themselues for many Churches many gouernours These are either Spirituall gouernours or Temporall The spirituall gouernment of the Church is committed to spirituall gouernours as first from Christ to his twelue Apostles of whom none was aboue the rest in this spirituall gouernment or kingdome of Christ as the Lord doth often expresly declare to them from them to Bishops and Pastors their successors Temporall gouernours are such as haue the custody of externall coactiue Iurisdiction both in Temporall and Ecclesiasticall causes for the power of the Church with all her spirituall Iurisdiction neuer reached to coaction This was by God first giuen to Magistrates and neuer reuoked in all times practised but when the Church and Kings were oppressed by the great power of Antichrist When wee call the King the supreame gouernour of the Church our meaning is that hee is appointed by God to be a Father and preseruer of religion a keeper of Ecclesiasticall discipline and as the Prophet Isaiah calleth him a nourcing father of the Church he is the soueraigne in all affaires of coactiue Iurisdiction Likewise this word Church is not taken in the same sense by them and vs for our aduersaries saying that the Pope is the head of the Church vnderstand thereby the. Catholike Church spread ouer the whole world but we vnderstand a particular Church yeelding the King to bee gouernour next and immediatly vnder God of his own dominions and consequently of persons and causes within his owne dominions so that there is much difference betweene their meaning and ours Then we must come to such an issue wherein without equiuocating the question betweene vs is set for wee shall otherwise run into that fault which is so rife with the Popes Clarks that Bellarmine himselfe confesseth it Notandum est saith he multos ex nostris tempus terere dum probant quod Caluinus caeteri haeretici concedunt This is most common among them to bee large in disputing that which is not in question betweene vs and it is a signe of some ingenuitie to confesse it but neither doth himselfe for all his confession auoid it neither doe they that write since and depend vpon his learning shunne it after so faire warning neither in truth can a false cause be maintained in so many bookes and large volumes as now they set out vnlesse they tooke this libertie to themselues to be large in disputing things which are not in question The question then is concerning the lawfull authoritie of Kings in their owne dominions touching this part of Iurisdiction which is called Ecclesiasticall coactiue Iurisdiction 7. For better proceeding let the distinction be remembred which is vsually receiued of Ecclesiasticall power for all power Ecclesiasticall is commonly deuided into power of order and of Iurisdiction The power of order by all writers that I could see euen of the Church of Rome is vnderstood to be immediatly from Christ giuen to all Bishops and Priests alike by their consecration wherein the Pope hath no priuiledge aboue other Thus teach Bonauentuâ—…e in 4. sent d. 17. q 1. August Triumphus lib. de potest eccles qu. 1. ar 1. Ioh. Gerson li. de potest eccles consid 1. Cardinal Cusanus lib. de cathol concord 2. cap. 13. Cardinal Contarenus tract de eccles potest pontificis Bellarm. lib. 4. de Rom. Pont. cap. 22. This then being the common confession of all that the Pope hath no more power herein then any other Bishop or Pastor we moue no contradiction in this As they confesse that in this power the Pope hath no praeeminence but that it is giuen from Christto all Bishops and pastors equally so wee confesse that in this power the prince hath no part and that Bishops and pastors haue this power onely from the diuine ordinance and not from earthly princes then our question is onely of the power of Iurisdiction 8. This power of Iurisdiction is diuersly vnderstood by the writers of the Church of Rome Augustinus Triumphus doth deliuer it thus The power of Iurisdiction is Temporall or Spirituall and this power considered in generall is threefold immediate deriued or giuen to execute some seruice the power of Iurisdiction immediate of all things Spirituall and Temporall is onely in the Pope The power of Iurisdiction deriued is in Bishops to them deriued from the Pope the power of Temporall Iurisdiction giuen to execute some seruice for the helpe of the Church is in Emperours Kings and secular princes this power is not immediat from God but is giuen first to the Pope and so to Kings for the vse of the Church and â—…elpe of Pope and Prelates I haue deliuered this in the â—…ery words of Triumphus whom in this thing others followe though of late some of the finer Iesuits who hold the same are growen more cunning in the manner of deliuering it Bellarmine loath to leaue the opinion and ashamed so grossely to propose it deuiseth a mollification of it thus Asserimus Pontiâ—…icem vt pontiâ—…icem et si non habeat vllam meré temporalem potestatem tamen habere in ordine ad spirituale bonum summam potestatem disponendi de temporalibus rebus omnium Christianorum That is We auer that the Pope albeit he hath not any power merely Temporall as Pope yet hath power supreame in respect of Spirituall good to dispose of all the Temporalties of all Christians And in the next Chapter concludeth that the Pope hath authoritie to depose hereticall kings and princes
gouernments I meane Ecclesiasticall and Temporal be directed by coactiue power there is no difference in the point of Iurisdiction betweene Temporall and Ecclesiasticall authoritie For the King and only the King is to appoint iudges in matters Temporall and Ecclesiasticall the King hath no more authoritie in reuersing the iudgement of the one then of the other being true iust and lawfull So that the Kings Iurisdiction standeth not in a power to dissanull true and righteous iudgemens but in a power supereminent by which he is charged First to confirme lawes Ecclesiasticall and Temporall Secondly to place Iudges for both causes Thirdly to see that those iudges of both sortes iudge iustly according to right and equity Fourthly to punish them if they shall be found to giue vniust and corrupt sentences Fiftly and last of all his Iurisdiction appeareth in appellations 7. But heere a question will be moued whether a man may appeale from an Ecclesiasticall iudge to the Prince For that one may appeale from a Temporall iudge I suppose it is not doubted at least I see no reason why it should be doubted But in a cause Ecclesiasticall and from a iudge Ecclesiasticall to appeale to the Temporall Magistrate of this some Romish Doctors doubt This doubt which the Canonists haue made may be increased by that place Deu. 17. 10. Thou shalt not decline from that thing which they shall shew thee neither to the right hand nor to the left And that man that will do presumptuously not hearkning to the Priest that standeth before the Lord thy God to minister there or vnto the iudge that man shall die It might seeme to be collected hence that there is no appellation from the Priest no though hee should iudge as some Rabbins expound the words I will declare their exposition because it sauoureth much like the expositions of some Papists where the text saith thou shalt not decline to the right hand nor to the left they expound it that if the Priest shall say thy right hand is thy left or thy left is thy right this sentence thou must receiue and therein rest 8. But this is a fond assertion not only without reason but against the expresse words of the Scripture for it is said according to the law which shall teach thee and according to the iudgement which they shall tell thee thou shalt doe Where we finde two rules for these two kindes of Iudges the Priest and the iudge the sentence of the Priest must be according to the written lawe the sentence of the other according to the truth of iustice and iudgement If a man be able to shew that he is wronged he may vndoubtedly appeale to a Superiour now a man may be able to shew that he is wronged if hee can shew that the Priest declineth from the law of God which is appointed his rule or the Temporall iudge from iustice And therefore if there be a Superiour in the land he may appeale but if there be no Superiour he is without remedie as when Hely was both Priest and iudge from him at that time there could be no appellation but where the forme of a kingdome is established where one King is set vp in lawfull authoritie by whose power iudges Spirituall and Temporall are placed in his dominions heere appeareth a fountaine of Iurisdiction deriued as it were into two inferiour riuers and from these inferior powers appellation may be brought if they shall not in their sentences keepe their rules prescribed to them the lawe and iustice for the appellation being grounded vpon the lawe of Nature to moderate the peruersitie and partialitie of iudges it were an absurd thing to denie this in causes Ecclesiasticall vnlesse a man would suppose that persons Ecclesiasticall may not be corrupt in their iudgements Now if we shall once graunt appellations then assuredly wee confirme the Iurisdiction of Princes in all matters wherein appellation may bee made to them And because Iurisdiction is assuredly proued by appellation we will for the farther manifestation of the truth seeke to cleere this point the rather becâ—…use our aduersaries tell vs confidently that in matters Ecclesiasticall all appellation belongeth to the Pope The Popes say so and they beleeue them we hold that appellation in causes Ecclesiasticall is to bee directed to the King who is by God set ouer the persons appellant 9. In the Old Testament we haue fewe examples or none that I remember of any that appealed from any inferior iudge Ecclesiasticall to the Soueraigne but in the New Testament there is one example sufficient to confirme the truth S. Paul being accused for causes Ecclesiasticall appealed from the high Priest to Câ—…sar Therfore it is lawfull in matters Ecclesiasticall to appeale from iudges Ecclesiasticall to the Ciuill Magistrate The consequence resteth vpon this that Saint Paul heerein did nothing but that which he might doe iustly and lawfully which thing I suppose the greatest enemie of Saint Pauls Doctrine will not denie for he came vp to Ierusalem with this profession and purpose I am ready not to bee bound onely but euen to die for the name of the Lord Iesus Neither durst he for sauing of his life giue a scandall to the Gospell The antecedent consisteth of these two parts First that the matters for which Saint Paul was accused were matters Ecclesiasticall Secondly that therein he appealed from the high Priest both are witnessed by the expresse words of the Scripture For Festusâ—…aith â—…aith They brought no crime against him but had certaine questions against him of their owne superstition and of one Iesus which was dead whom Paul affirmed to be aliue These questions be out of doubt Ecclesiasticall euen in the iudgement of our aduersaries that he appealed from the high Priest reskuing himselfe from his iudgement it is euident by the words in the twentie three Chapter where the Apostle speaketh to the high Priest as to his iudge Thou sittest to iudge me according to the law And when he was reskued from the Priests by Lysias and sent to Felix and left by him to Festus he neuer thinketh of appealing from any of theâ—…e ciuill gouernours But when Festus asked him if he will goe to Ierusalem and there be iudged of these things then Pâ—…ul vtterly refusing the high-Priest appealed to Câ—…sar by which it followeth that in matters Ecclesiasticall a man may appeale from iudges Ecclesiasticall to the Soueraigne Prince Whereupon this vndoubtedly followeth that there resteth Soueraigne Iurisdiction in the Prince And therefore the Popes their flatterers vnderstanding well that Supreame Iurisdiction could neuer bee prooued to rest in the Popes vnlesse first Appellation should be made to them wrought by all subtilty as hereafter we shall declare by right or wrong they neither cared nor spared to cause Appellations to be made to them which thing when once they had obtained that in all causes Ecclesiasticall Appellation might be made to the Popes then and not before
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
Catholike 10. If this kinde of proofe please them to prooue the Popes Soueraigne supreame authoritie â—…hey may haue ynough thereof For as Pope Zaâ—…harie dispensed with the oath of Pipin and all the French Barons and subiects so doe the Popes since practise this part of Iurisdiction with great feruency or rather surie they dispense with the oathes of subiects they raise vp rebellions against true natural and lawfull Kings they aduance vsurpers This Iurisdiction wee graunt Popes haue practised but with shame ynough heere is the difference betweene them and vs betweene an euill cause and a good betweene impudencie and confidence in the truth both they and we bring the same examples but to contrary ends they bring these examples of the Popes practises to prooue Iurisdiction wee vrge the same examples to shame the Pope with his Iurisdiction Let the indifferent and ingenuous reader iudge whether applie them to the true right and proper end For let them aunswere vs if they can whence the Popes haue authoritie to execute such a Iurisdiction as they haue neither from Christ nor from the Princes of this world For certaine it is that to dispense with oathes to stirre vp subiects against their naturall Princes to mooue rebellions is a power which the Pope hath not receiued from Christ nor from the Princes of this world From whence then hath he it let them tell vs who make it a part of his Iurisdiction 11. After this Charles the great sonne to Pipin was made Emperour by Leo the third Pope At this time it appeareth that the Iurisdiction which by the Emperour before this was vsually practised vpon the Bishop of Rome and other Bishops began to be taken out of the hand of the Magistrate For when Charles hearing many complaints against this Leo concerning his life and conuersation called him to an examination in a great meeting of Bishops it was aunswered by a great acclamation Sedem Apostolicam omnium Ecclesiarum caput à nemine laico praesertim iudicari debere That is It is not meet that the Apostolicke Sea the head of all Churches should be iudged of any man especiall a Lay-man This moued Châ—…rles to omit the matter so soone had they learned to turne this power against the Emperor which they had some two hundred yeres before receiued from the Emperor This Iurisdiction then by this time had receiued a great change for in former times as the inquisition of false doctrines belonged to the care of Bishops so the examination of the life and manners of Bishops belonged alwayes to the Magistrate So Solomon deposed Abiathar So Constantine banished diuers Bishops and reformed the Clergie The godly Popes and Bishops in former times yeelded this power to the Magistrate which God hath giuen him knowing that euery soule is subiect to them euen Bishops euen Popes yea Apostles themselues But now by the fall of the Empire Papacy rising and a newe straunge image of the Empire rising vp in the Papacy this Iurisdiction was then in hatching which afterward was brought foorth by a monstrous birth 12. My purpose is to note the occasions of alteration of Iurisdiction in the Church of Rome and how the Popes hauing cast off the Iurisdiction of the Ciuill Magistrate did in time draw to themselues a new forme of Iurisdiction increasing the same by degrees For wheras at the beginning as we haue shewed the Bishops of Rome with others were vnder the coactiue Iurisdiction of the Ciuill Magistrate the absence and fall of the Empire gaue opportunity to the Bishops of Rome to raise theÌ„selues The first beginning of their Iurisdiction was by getting appeales to be made to them the enlarging aduancing of it was by obtaining the title of caput Ecclesiae vniuersall B. The Pope was not called caput Ecclesiae but the Church of Rome got that title vnder Phocas the Pope got it by his flatterers long after And in the time of Charles the great they had gotten in one foote farther into this Iurisdiction for then they began to refuse the coactiue Iurisdiction of the ciuill Magistrate All this while they were not come to the height and top of thei Iurisdiction to practise coactiue power ouer and against the ciuill Magistrate to depose Princes to raise vp rebellions to absolue subiects from their faith and alleageance though some of these things were a new founding yet they were not come to their perfection till after this time as we purpose in order to declare And as we note their practises so we must no lesse haue an eye to the men and meanes which withstood them in these ambitious courses 13 These attempts of Iurisdiction were then most famously withstood when they were brought to their full hight For after that the Popes had begun to stretch their Iurisdiction to the preiudice of Kings and Princes then began the opposition most to appeare learned men being stirred vp to write and throughly to examine this question Whereof my purpose is to speake farther in the last Chapter of this Treatise Here we will onely note what resistance it found at the beginning before it was growne vp to that hight whereunto it came in time First wee finde that both Charles the great himselfe and other Princes and Bishops haue withstood the Bishop of Rome heerein and seeking to giue euery one his right haue giuen many parts of that Iurisdiction which now the Pope claimeth to the ciuill Magistrate For after that Charles had subdued the Lumbards as his father Pipin had done before him and besieging Desiderius King of the Lumbards came to Rome from the siege to know what hee should haue for his trauaile for recouering S. Peters Patrimonie as the late Patrimonie of the Emperour faling to the Pope then began to be called for the Pope had promised to Charles for oppressing the Lumbards and recouering this new Patrimonie so much desired so hotely pursued so dearely bought that hee should be made Emperour of the West and the auncient authority and Iurisdiction of the Empire should be restored to him For the better effecting of these affaires Charles hauing set a strong siege about Pauy and taken order with his Captaines for that seruice left the siege came to Rome bringing with him a great number of Bishops Abbots to holde a Synod with Pope Hadrian and therein by all their industry and knowledge to finde out what were the true and auncient priuiledges of the Empire and what was the Emperours Iurisdiction confessed Pope Hadrian receiued Charles honourably and at his pleasure called a councell Wherein questionlesse some parts of the auncient Iurisdiction were restored to Charles For that Synod gaue him power to choose the Bishop of Rome and in all Prouinces of his gouernment to inuest all Archbishops and Bishops Thus much is acknowledged by as many witnesses in a manner as are Writers of the Story of this time But of late some haue quarrelled against this Story denying it to be true which
impropriations turning tithes first from their true and auncient vse persecution for preaching the Gospell exemptions the vse of Legends in the Church and reading of fables to the people Symonie flattery pardons indulgences the heresie of an accident without a subiect singular and blind obedience the vse of commutation of penance into money they were instruments of warres and bloodshed they inuented works of supererogation the doctrin that reprobates are members of the Catholike Church to robbe the land of money These are the things in part which are obserued by Wiclife to haue beene first inuented by Friars Now whereas Iohn Wiclife was reputed an hereticke wee finde that this imputation was laid vpon him especially by Friars For he was a professed enemie to them and to their innouations holding with the Church of Rome and maintaining no other doctrine then that which he found publikely maintained and receiued in the world before Friars altered it Still he pleadeth the cause of the Priests against Friars which sheweth that he taught no otherwise then those Priests did teach And albeit the Friars did marueilouslly disorder the Church in his time yet hee witnesseth that the third part of the Clergie of England defended the truth against Friars Then the Friars being set vp to alter the auncient doctrine and Iurisdiction and to induce new did labour herein throughly imploying their best skill and power for the aduancement of the Pope and suppressing of the truth Heerein the Iesuites succeed their forefathes in this inheritance of innouation daily adding some new monsters to those which these old Friars left to their hands 24. The Vniuersitie of Paris hath likewise declared their iudgement against Friars somewhat before this time wherein Wiclife liued They gathered seuen Articles against Friars which because they proue Friars to be the authors introducers of innouation in the Church I will here set them downe First we say that Friars are not to be admitted into our Scholasticall societie except by our consent because the society ought not to be coact but voluntarie Secondly because wee haue found by experience that their fellowship hath beene many wayes hurtfull and dangerous to vs. Thirdly seeing they are of a diuerse profession from ours for they are regulars and wee schollers we ought not to be ioined or mingled together in one scholasticall office For the Spanish Councell saith Thou shalt not plow with an Oxe an Asse thatis thou shalt not associate men of diuers professions together in one office for how can they agree together whose studies vowes and purposes are diuers Fourthly because they raise dissentions offences but the Apostle saith we beseech you brethren that you obserue them that is that you discerne such as make dissentions for the doctrine which you haue learned of the Apostles and eschewe them for they serue not the Lord but their belly Gloss. for they flatter some they backbite others that they may fill their bellies and by glosing words and their benedictions they beguile the hearts of the simple Fiftly because we feare least they bee such as enter into houses because they thrust themselues into euery mans house they search and sift the consciences of men seduce such as they find like women ready to be seduced And whō they haue once seduced them they draw from the Councels of their owne Prelates to their Councels for they bind them by oath to their Councels such the Apostle commaundeth to eschew Sixtly because we feare they are false Prophets for they are not Bishops nor Parish-priests nor their Vicars nor by them inuited yet they preach being not sent against the Apostle saying Rom. 10. How shall they preach except they be sent For they worke no miracles thereby to witnesse that they may preach the Church then ought to auoid such men being so dangerous Seuenthly because they are curious and hauing no lawfull calling in the Church they busie themselues with other mens businesse thrust themselues into other mens callings and yet they are neither Apostles nor their successours that is Bishops neither are they of the seuenty and two Disciples of the Lord neither their helpers or Vicars as before is said Now the Apostle commaundeth vs to eschewe such as will liue so saying 2. Thess. vlt. We declare brethren to you in the name of the Lord Iesus Christ that you withdraw your selues from euery brother that walketh inordinately and not according to that tradition which they haue receiued of vs c. 25. Thus haue we set downe the sincere iudgement of that Vniuersitie before it was corrupted and infected with Friars They haue prooued that Friars haue no lawfull calling in the Church to preach or administer the Sacraments because they haue no institution of Christ or his Apostles And howsoeuer since those times the iudgement of that Vniuersitie was chaunged after they had once receiued these serpents into their bosomes yet the reasons which they haue brought against Friars are vnchaungeably true and will alwayes prooue that which then they prooued that neither the old Friars nor the new Iesuits haue any lawfull calling in the Church As thus they haue beene the bane of the Church in chaunging the old bounds so they haue beene the ruine of Princes and the cause of great warres and bloodshed yea of all the persecutions that haue bene since For before that time that the orders of Friars were brought foorth by a new and monstrous birth in the Church there was no bloodshed nor persecution offered by the Pope nor the Church of Rome for matters of Religion Berengarius was forced to a Recantation before but no blood was shed But after that Dominicke had instituted the order of the Iacobites or preaching Friars and Francis the order of the Minorites professed beggars then began great bloodshed and persecution to be practised vpon men that did not allow the Popes Iurisdiction in blood was it first founded and so it hath beene euer since maintained 26. The first persecution began against them that were called Albingenses whose opinions are made hainous by some that write affectionately since that time but by the writers of that time there appeareth no other thing wherewith they were charged but onely that they withstood the Popes pride and Iurisdiction for which they were persecuted The Earle of Tholouse who fauoured them was depriued of his Earledome his landes were giuen to Simon Monford the forces of the French and the Pope were raised against him when they were not able to vanquish him by force by fraud and falshood of the Friars and Popish Bishops they ouerthrew him In this ouerthrow of the Earle the industry and valour of Dominicke is much celebrated by the stories of this time Insomuch as the whole praise is attributed to him of him Platina witnesseth thus much Quos Albingenses Dominicus mira celeritate compescuit adiuuante etiā Simone Monteforti non enim disputationibus verum armis opus fuit adeo
Apostle Archbishop of Mentz an English man by birth named Winefride For Pope Gregorie the second desirous to draw the Germanes vnder the yoake of his ceremonies the Christian religion being long before planted among them sent this Winefride otherwise called Boniface to reduce all to the obedience of Rome as much as might be For this purpose he exacted an Oath of Boniface the forme of the Oath is extant in Auentinus thus In the name of our Lord and Sauiour Leo being Emperour c. I Boniface promise to thee S. Peter which wast the chiefe of Christs Apostles and to Gregorie who now representeth thy person and to all thy successours by the Father the Sonne and the holy Ghost c. I vow by this thy holy body that I will follow the sincere truth of Christian pietie as long as my life and strength last I will keepe concord I will shunne persons excommunicated I will giue notise of lying sects of pestiferous errours against the decrees of our Elders to the Bishop of Rome This Oath carrieth a shew of great moderation being compared with the formes of those Oathes which succeeding Popes exacted 34. We declared before how Hildebrand caused the Emperour Henrie the fourth to displace certaine Bishops and presently after that he had made a breach betweene the Emperour and them he restored them all to their seuerall places againe and exacted an Oath of them to be true to him the forme of that Oath I find not but it seemeth that then an Oath was exacted much in preiudice of Princes For Anselme Archbishop of Canterburie by reason of that Oath which then the Popes exacted was enboldened to raise a contention with William Rufus about inuestitures And Thomas Becket by vertue of the like Oath contended with Henry the second for that vpon the quarrell for inuestitures Bishops were strictly tied to the Pope by an Oath we finde in the contention which was betweene Pope Paschalis the second and Henrie the fift Emperour For when Henrie the fift had bene set vp by the Pope to raise warres against his owne Father and had at the Popes instigation robbed him of his Empire and life he himselfe found afterward the same measure at the Popes hands which his Father had found before him for claiming the right of inuestitures as belonging to the auncient right of the Empire he was denied the matter brake out into a tumult in which tumult Pope Pascbalis was taken and being in the Emperours power graunted and confirmed vnto him the right of inuestitures From which graunt the Pope reuolted afterward and shewed himselfe more vehement in this quarrell then any before him After some stirres and contention the Pope held a Synode at Trecae in France this Synode was held in the yeere one thousand one hundred and seuen Wherein the Bishops of Germanie were suspended by the Pope for doing any part of Episcopall function saith Vspergensis because fauouring the Emperor they were not present in this Synode And Auentinuâ—… saith that all they that were present were bound by an Oath to the Pope to obey him herein A singulis Episcopis saith he iusiurandum exactum futuros in potestate Romani Pontificis That is An Oath was exacted of euery Bishop that they should be in the power and at the pleasure of the Pope 35. Thus were Kings robbed of their strength when Bishops were by an Oath so bound to the Pope that what hee commaunded they must doe And if the Pope listed to quarrell Princes for their auncient rights and priuiledges it was enough for him to say those priuiledges of Princes were matters Ecclesiasticall or Spirituall and must therefore belong to the Pope and not to Temporall Princes What thing could more weaken Princes and bring them to that poore state that the Pope might triumph ouer them as he did then this subtill practise whereby Bishops who before with other subiects held their Allegeance inuiolated to their Soueraignes were now by a new policie of Popes brought by Oath to the Popes subiection and forced to violate their Allegeance to their Princes Consider then what seruice Princes may expect from Popishbishops who are so bound by Oath to the Pope that they can doe no seruice either to God or their Prince if it be against the Pope but they must violate their Oathes And this is the great bond of their spirituall Iurisdiction as they call it The Popes haue wrested from Princes their auncient right by violence excommunications warres and great bloodshed these rights of Princes thus withdrawen from them the Popes hold as matters of their Iurisdiction and to strengthen them herein they bind Bishops and other chiefe of the Clergy by Oaths to themselues against their owne Kings these practises set the Pope in the possession of this Iurisdiction 36. Onuphrius speaking of that Oath which all Doctors tooke that were to bee made Bishops doth at large set downe the forme of it and among other particulars this Romano Pontifici B. Petri Apostolorum principis successori ac Iesu Christi vicario veram obedientiam spondeo ac iuro This Oath was ministred to all that proceeded Doctors which was the cause that some men of great worth and learning refused to take that degree in those dayes for besides other daungers it brought two great mischeifes vpon them that tooke it The first concerning Allegeance of subiects to their kings the second concerning Bishops or Doctors that might be called to a Councell For if a quarrell fall betweene the King and the Pope it is hard for any man to be a true subiect to the King that taketh such an Oath to the Pope Especially when the Pope must interprete that obedience which is vowed and sworne to him in such a sort as that it includeth a contradiction to the faithfull seruice and Allegeance which euery Subiect oweth to his King Moreouer if a Councell should bee called to determine Religious affaires and to reforme the abuses of the Court of Rome how can sinceritie and indifferencie bee expected of them that are aforehand bound by Oath to the Pope and ingaged so farre that as a Pope chargeth the Bishops of Germanie they cannot speake the trueth against the Pope but they breake their Oath And therefore since this Oath was exacted of the Clergie there were neuer such free sincere and holy Synodes held like to those which were in former times But of all Oathes or vowes that is the most seruile which the Iesuites by vertue of their Order professe to the Pope that they will serue him as Christs Vicar 37. These Oathes by the Pope were first exacted of Archbishops though in processe of time they came to bee farther imposed To this purpose there is a Canon in the Decretals of Gregorie the ninth which Canon because it openeth somewhat both of the reason and antiquitie of this Oath I will set downe the whole Thus it is Significasti Reges
thus For other learned men deuoted to the seruice of the truth entred into a further search of this Iurisdiction among whom Michael Cezena and William Occham were famous The occasion whicâ—… stirred them vp to make search of this point was this Michael Cezena Generall of the Order of the Minorites refuted three Constitutions of Pope Iohn the two and twentieth Ad conditorem Canonum Cum inter Quia quorundam These hee refuted and sent his bookes abroad against these Constitutions whereupon Iohn the two and twentieth depriued him and disabled him from taking any other dignity But Michael appealed from the Pope 15. Here arose the question whether a Christian might appeale from the Pope William Occham once a worthy fellow of Merton Colledg in Oxford vndertooke this question disputeth it throughly in that booke which he intitleth Opus nonaginta dierum He concludeth that a man may and might appeale from the Pope and that a Councell is aboue the Pope And saith that many moe learned men wrote diuers bookes at that time for confirmation of the same truth wherein they alleadge strong reasons to proue their purpose and answere all doubts De ista materia saith he plures libri prolixi sunt editi in quibus praedicti 〈◊〉 motiua adducunt quam plurima obiectiones refellunt quae possunt oriri dubia declarare nituntur That is Of this matter many long bookes set forth wherein these foresaid Disputers alledge many reasons refute obiections and seeke to cleare all doubts that can rise Of the Pope he saith thus Iohâ—…es 22. coâ—…scius 〈◊〉 suorâ—… ad iudiciâ—… generalis concilij veâ—…ire recusat That is Pope Iohn the two and twentieth his owne consciâ—…nce accusing himselfe of his errours refuseth to come to the iudgement of a Geâ—…erall Councel Thus the Pope hath euer bin affraid of a General Councell since the time that first he vsurped Iurisdiction The same Author confuteth the Constitutions of Iohâ—… the two and twentieth first by Scriptures then by Canons of Councels and testimonies of holy Fathers and last of al by the determination of the Church of Rome And for this question of Iurisdiction because the Popes then began to chalenge tempâ—…rall Iurisdiction ouer Princes his assertion is â—…eatus â—…etrus non fuit vicarius Christi quantum ad officium regâ—…i temporalis nec in â—…omporalibus qusbâ—…e That is S. Peter was not Christs Vicar in respect of a temporall Kingdome nor in respect of any tempoâ—…alities whatsoeuer Which Assertion he proueth thus If it were so that S. â—…eter were Christs Vicar in temporall Dominion then should S. Peter haue Iurisdiction ouer Emperours and Kings but this the Popes themselues denie for Pope Nicholas saith thus Quuâ—… ad verâ—… veâ—…tum est nec Imperator iura sibi Pontificatâ—…s c. That is When we come to know the truth neither hath the Emperour taken vpon him the right of the Pope nor the Pope vsurped the title of the Emperour for one Mediator of God and man Iesus Christ hath distinguished the Offices of both these powers by their proper actions and distinct dignities Ex hiâ—… saith Occhaâ—… datur 〈◊〉 quod Rom. Pontifex ex successione Petri non habet Iurisdictionem temporalem super 〈◊〉 That is Hence we may vnderstand that the Pope by succeeding Petâ—…r hath no temporall Iurisdiction ouer the Emperour 16. Against this determination he moueth some obiectious or rather taketh the â—…easons of 〈◊〉 Triumphus and maketh them his obiections though he suppresse the name of 〈◊〉 The obiectious are these First The Pope deposeth Kings 15. qu. 6. cap. aliâ—… Secondly The Pope trauslated the Empire Extra de Elect. cap. venerabilem Thirdly The Emperor taketh an Oath of Alleageance These are the reasons of Augustiâ—… Triumphus whereunto he aunswereth thus To the first he saith Rationâ—… eriminis habet spiritualâ—…m Iurisdictionem non temporalem That is In respect of some fault hee hath spirituall Iurisdiction but not temporall Then all the Iurisdiction which the Pope or any other Bishoppe hath is onely spirituall in his opinion in respect of sinne which may be censured by spirituall censures But a power to depose Kings includeth temporall Iurisdiction To the second he saith The Pope translated the Empire Non in qâ—…antum successor Petri sed authoritate Romanorum qui sibi potestatem huinsmodi concesserant That is Not as the successour of Peter but by the authority of the Romanes who graunted him that power To the third he saith the Emperour that first tooke an Oath of Alleageance did it from deuotion and humility and therefore afterward refused it Marfilius answereth to this last obiection somewhat otherwise for he vtterly reiecteth the testimony of that Canon that witnesseth that the Emperour tooke an Oath of Alleageance Intaâ—…tum vero ipsorum quidam prorupit aâ—…daciam saith Marsil vt in suis edectis expresserit Romanum Principem sibi iurameâ—…o fidelitatis ástringitanquam coactiâ—…a Iâ—…risdictione subiectum vt ex suarum narrationum quas decretales appellant derisibili contemptâ—… prorsus inuolucro septimo de Sent re iâ—…dicata palam se inspicientibus offert That is One of them to wit Clement the fift hath broken out in such impudency in his Edicts that he affirmeth the Emperor is bound to him by an Oath of Alleageance as subiect to him in coactiue Iurisdiction as is openly to bee seene in 2. de Sent. re â—…udic out of that ridiculous and most contemptible collection of their Narrations which they call Decretals 17. But to returne to William Occham and Michael Cezena in whose cause Occhaâ—… was ingaged Michael was deposed by Iohn the two and twentieth in Iune in the yeare of Christ one thousand three hundred twentie and eight in his behalfe letters were directed to the Chapter of the Minorites assembled in Parpinian and Auinion in the yeare one thousand three hundred thirty and one These letters were subscribed by Henricus de Chalchem Franâ—…iscus de Esculo and Guilielmus de Occham not onely these men fauoured his cause but those two famous Vniuersities Oxford and Paris did approue the same Whereuppon Michael being arrested by the Pope did appeale from the Pope Consider the nature of his appeale for it openeth the sense and iudgement of learned men then liuing being approued by the greatest learned men then liuing and by all the learned men of that order in England and in Paris for so it is said there Quae determinatio fuit etiam ab omnibâ—…s Magistris baccalarijs in sacra pagina de Parisijs de Aâ—…glia dicti ordinis approbata Vâ—…iuersis Christi fidelibus destinata That is Which determination was also approued of all the Masters and Bachelours in Diuinity of the said order of Paris and England and directed to all Christians I will set downe the forme of his appeale as in the same place I finde it expressed and thus it is Habito prius
tearme it from whence all Spirituall Iurisdiction must proceed to others some adde also Temporall of Spirituall Iurisdiction Bellarmine saith all Bishops receiue Iurisdiction from the Pope The like some of them or some others teach also of Temporall power the difference which they obserue is that Spirituall power is deriued from the Pope to all Bishops but Temporall power is giuen to execute some seruice Augustinus Triumphus of Ancona who wrote about three hundreth yeeres agoe at the commaundement of Iohn 22. Pope set foorth of late by the authoritie and priuiledge of Gregorie 13. did long before the Iesuits dispute this question of the Popes Soueraigne authoritie ouer Princes since which time the Friars haue closely followed his footsteps His assertion is Omnis potestas imperatorum regum est subdelegata respectu potestatis Papae And againe in the same place Omnis potestas saecularis est restringenda amplianda executioni mandanda ad imperium Papâ—… These and the like positions are now resolutely and stiffely maintained by the Iesuits and others of that faction 3. This agreeth well with the Canon lawes which are the fundamentall lawes of the court of Rome For thus they say Nos tam ex superioritate quam ad imperium non est dubium nos habere c. That is we aswell by that soueraignetie and right which without all doubt we haue to the Empire as also by that power whereby we succâ—…ed the Emperour in the vacancie of the Empire and no lesse also by the fulnesse of that power which Christ the King of kings and Lord of lords hath in the person of Saint Peter graunted to vs though vnworthy declare all such sentences and processes made by Henry 7. void and of none effect Thus saith Clement 5. Pope against Henrie 7. Emperour To the same purpose saith Boniface 8. Pope in a Constitution of his Oportet gladâ—…um esse sub gladio c. That is one sword must be vnder another sword and the Temporall authoritie must be subiected to the Spirituall authoritie for when the Apostle saith there is no power but of God and the powers that are are ordained of God They could not be ordinated vnlesse one sword were vnder another and a little after Thus of the Church and of the power Ecclesiasticall is verified the prophecie of Ieremie behold I haue sâ—…t thee ouer nations and kingdomes to plucke vp and to root out and to destroy and to throw downe and to build and to plant And againe we declare we say we define we pronounce that it is necessarie to saluation to beleeue that euery humane creature is subiect to the Pope of Rome These be the lawes of the court of Rome which some of late haue so much adored as to call them Catholike Diuinitie and which for truth and certaintie and for authoritie ouer their consciences they hold comparable euen with the holy Scriptures 4. By all which wee collect the doctrine of the court of Rome or the Popes faction to be that the Pope hath all power Spirituall and Temporall aboue all other whatsoeuer This I call the opinion of the Court of Rome or the Popes faction because we finde the most learned of the Church of Rome to hold the contrary For concerning spirituall power the best learned of the Church of Rome yea and whole councels maintaine the Spiritual power of the Church to be aboue the Pope as hereafter we shall declare And for this Temporall power aboue Kings and Emperours claimed by the Popes in their Canon Lawe maintained by their flatterers it seemeth so straunge so new and absurd that they who maintaine it are not as yet agreed vpon the state of the question For some hold that the Pope hath this power directly ouer Princes as the Canonists to whom some of the Shoole-men may be added as Triumphus and some of late called Congregationis Oratorij as Cardinall Baronius Bozius and such Others denying this direct power hold that the Pope hath the same power but indirectly as depending vpon his Spirituall power of this opinion is Cardinall Bellarmine and others these both hold the same conclusion but differ in the manner of holding it Others there be who are in some sort content to allowe the Popes Fatherhood in spirituall matters in case lie would not prooue incorrigible but vtterly denie this power ouer princes both direct and indirect of this opinion was Guil. Occham Ma' silius Patauinus and other learned men of the Church of Rome And of late Guil. Berclaius a French Lawyer hath with great learning refuted both the former opinions of the Popes power direct and indirect against Bozius and Bellarmine and yet this man professeth himselfe to be resolued to liue and die a Papist so that on the one side stand all the reformed Churches and many of the best learned of the Church of Rome I may say all the Church of old and of late On the other side standeth the Pope with his faction that is his flatterers and this I call with some of former ages the Court of Rome this is the opinion of our aduersaries 5. Our positiue sentence against this standeth in two parts as the Pope hath incroached on two sides both vpon the right of Kings and of the Church Concerning the Kings right we hold that in externall coactiue Iurisdiction the King hath supreame authoritie in all causes and ouer all persons Ecclesiasticall aswell as Ciuill This is that which hath bene published by diuerse writings and ordinances which by publike authoritie haue beene enacted and published declaring that the King within hi Dominions hath this soueraigne authoritie and that heerein there is no forraine power aboue the King The authority of the Church hath beene in like sort vsurped by the Pope by drawing to himselfe a supposed title of the head of the vniuersall Church by deuising a straunge authority in the fulnesse of power by claiming a newe and straunge priuiledge of his not erring iudgement and making himselfe the onely iudge of controuersies of faith This power in iudging and determining of controuersies of faith and religion being partly in the Church partly in the Scriptures the Pope hath wrested from both first extolling the Church aboue the Scriptures and then setting himselfe aboue the Church Then that the limits of each power may be truely knowne we giue all spirituall power to the Church all externall coactiue iurisdiction to the King when each of these shall haue taken vp his owne right there will not be so much left to the Pope as these great flatterers the Iesuits seeke to heape vpon him Our purpose is first to dispute the right which Kings haue in coactiue power ouer all persons and in all causes euen Ecclesiasticall within his dominions by persons ecclesiasticall wee vnderstand Archbishops Bishops Deans Rectors and all other set in calling and place Ecclesiasticall by causes Ecclesiasticall wee vnderstand causes Ecclesiasticall of externall coactiue