to disswade the separation producing that out of Augustine Nullam posse causam dari ob quam necessarium sit ad schisma perâ—…enire That is That no cause can bee giuen for which it may bee necessary to come to a schisme But after much dispute at last hee resolueth that the case may be such that the Church may well depart from the Pope Quando sacer Princeps saith he contra sanctorum patrum statuta aliquid praesumit vbi non constat eum ex causa 〈◊〉 aut necessitatis moueri sed ex aliqua particulari indigâ—…a causa time ipse in priora Petri mandata offendit exiens vires potestatis suae Quapropter non esset inconâ—…eniens si pertinaciter in hoc persisteret Ab eo recedi posse per Ecclesiaâ—… That is When the holy Prince presumeth against the lawes of holy Fathers where it appeareth that he is not moued thereto because of the publike good or necessitie but from some particular of his owne and an vnworthy cause then hath he first offended against the former precepts of Peter going beyond the limits and strength of his power Therfore if hee persist therein incorrigibly it is nothing inconuenient for the Church to depart from him 58. Then if a Pope make a departure first from the Mandates Doctrines and faith of Saint Peter thus going out of the bounds of his power in this case it is the iudgement of the graue Cardinals of Rome who liued and wrote long before M. Luther was borne that the Church might make a separation from the Pope Iohn Gerson saith as before we heard that this separation may be for a time or for euer Now then whereas this separation is made from the Pope by the reformed Churches there is nothing done but that which the Church had in consultation to doe long before in case the Pope should persist in his pride and transgressions and shew himselfe incorrigible So that it is no maruaile if the Church which hath so long before thought of this departure being thereunto so much prouoked by the intollerable ambition of the Pope hath once performed that thing which was so long in consultation especially seeing the Church hath for the same both the warrant of holy Scriptures which doth fully not only prophesie of this departure which the Pope hath made from the truth and consequently which the Church was to make from the Pope but also giueth expresse commaundement to the people of God to depart from thence Go out of her my people And besides this warrant of holy Scriptures they had also the iudgement of the Church before them which Church whether we consider it in particular members as the learned men principall instructours and preseruers of doctrine or in generall Councels hath as we see oftentimes declared herselfe to bee wearied with bearing the Popes proud and ambitious Iurisdiction and hath beene in great consultation to cast off the yoake of this Aegyptian bondage 59. Now from that booke which this Cardinall Cusanus wrote De 〈◊〉 Catholicâ—… we will obserue some things wherein he declareth his iudgement against this Papall Iurisdiction And first he disputeth against them that thinke the Pope hath more power then other Bishops Oportet primum si hoc verum foret Petrum aliqâ—…d à Christo singularitatis recepisse Papam in hoc successorem esse sed scimus quod Petrus nihil plus potestatis à Christâ—… accepit alijs Apostolis 21. d. in nouo 24. q. loquitur That is First if this be true it must bee graunted that Peter receiued some singular power from Christ and that herein the Pope is his successor but wee know that Peter receiued no more power from Christ then the other Apostles 21. d. in nouâ—… 24. q. loquitur And of this spirituall Iurisdiction he saith thus Cum potestas ligandi soluendi in qua fundatur omnis Ecclesiastica Iurisâ—…ictio sit immediate à Christo quia ab illa potestate ligandâ—… soluendi sit diuiâ—…a Iurisdictionis potestas patet omnes Episcopos forte etiam presbyteros aequales esse quoad Iurisdictionem That is Seeing the power of binding and loosing in which all Ecclesiasticall Iurisdiction is founded is immediately from Christ and because the power of diuine Iurisdiction is from this power of binding and loosing it is euident that all Bishops perhaps also all Priests are equall in respect of this Iurisdiction And againe hee saith Quod vniuersale concilium propriè captuÌ„ scilicet quod vniuersam EcclesiaÌ„ representat sit supra Patriarchas Roman Pontificem credo â—…ubium esse non debere That is I hold it a truth not to bee doubted that a generall Councell properly taken that is as it representeth the vniuersall Church is aboue Patriarches and the Bishop of Rome And againe Papa per Synodum in criminibus etiam alijs quam hâ—…resi iâ—…dicari potest That is The Pope may be iudged by a Synod for other crimes also besides heresie Now for the Iurisdiction of the ciuill Magistrate the same Author speaketh thus Imperator Christianorum in sua praesidentia est Christi vicarius That is A Christian Emperour in his office is Christs Vicar And againe Omnis rex Imperator habet officium Publicum ad Publicam vtilitatem or diâ—…atum Publica vtilitas est paâ—…ad quam ordinantur iusticia iusta praelia principium autem pacis est ad â—…inem 〈◊〉 â—…rigere subditâ—…s media illum 〈◊〉 sunt sacra institâ—…ta religionum quare prima cura Imperialis in 〈◊〉 obseruandis verâ—…ur That is Euery King and Emperour hath a publike office ordinate to the publike good the publike good is peace whereunto iustice and iust warres are ordinated the fountaine of peace to direct subiects to an eternall end the meanes to obtaine that end the holy ordinances of religion wherefore the first and chiefe care Imperiall consisteth in the obseruation of those ordinances And therefore he saith Imperator curam custodiae gerit And againe isto modo imperator dicitur aduocatus vniuerâ—…alis Ecclesiae custos sides orthodoxae Which thing he proueth by the ancient practise of the Church because in the Chalcedon Councell the Emperour Martiaâ—…us is called custos fidei and the Emperour Basilius in the beginning of the eight Councell saith that the gouernement of the Church was by the prouidence of God committed to his hands 60. The same Author speaking further of the office of Kings and of their Iurisdiction in Church affaires and in Councels saith Debent râ—…ges principes Synodos congregare iuxta admonitionem sancts Gregorij ad Theodoricum regem Francorum ex registro 273. Iterata vos per vestram mercedem adhortatione pulsamus vt congregari Synodum iubeatis That is Kings and Princes ought to gather Synodes according to the admonition of Gregory writing to Theodoricus the French King ex registro 273. We moue you with our redoubled petition that euen for that
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
not be extended to these practises What can be denied heere For neither can they denie but that the censures of the Church should bee of greatest power there where they were first instituted neither can they denie that excommunication was first instituted in that Church of the Iewes neither can they shew vs that any King of that Nation was at any time deposed for pretended heresie or for knowne and professed idolatry though the Kings there were often great idolaters though the Priests were bolde and couragious in Gods cause yet we neuer finde that any Priest did by excommunication depose the King or destroy the bond of allegeance This thing then being neither practised by the Iewes where these censures were in first and chiefe force nor by Christ and his Apostles nor by the Fathers of the Primitiue Church nor known in the Church for the space of almost a thousand yeares as hereafter wee shall declare wee haue great reason to conclude that excommunication as it is an Ecclesiasticall censure hath no power coactine to alter any temporall authority to depose Kings to destroy and dissolue allegeance or to trouble any lawfull authority established in this world 18 This will no lesse appeare if wee consider the power which the Church hath alwaies practised for coactiue power was a thing which the Chnrch yeelded alwayes to the â—…iuill Magistrate And if the Bishops of Rome did sometimes breake out beyond their bounds yet were they in those ancient times alwayes repressed by the authority of the Church For that we may take a short suruay of the Iurisdiction of the Church during the first three hundred yeres so long as the Apostles liued no man doubteth but that they ruled all and that the greatest Iurisdiction of the Church was in them if we speake of spirituall Iurisdiction And if any one Apostle liued after the rest there was more power acknowledged to be in him then in any one that liued in the Church in his time Now it is for an assured historicall truth recorded by Eusebius and before him by Irenaeus whom the full consent of the auncients follow heerein that S. Iohn liued after all the other Apostles were dead that he continued in the gouernment of the Church vntill the times of Traian Emperour In which time the Bishops of Rome after Peter are recorded to be these Linus Anacletus Clemens Eâ—…aristus Alexander If the Bishop of Rome had then been the head of the Church the chiefe Pastor the Monarch the fountaine of all Iurisdiction as his flatterers now make him it must be confessed that Alexander in his time and Euaristus before him was S. Iohns head and before him Clemens and before him Anaclet and before him Linus Did these rule and gouerne S. Iohn or S. Iohn them shall we say that they had Iurisdiction ouer S. Iohn or S. Iohn ouer them If these Bishops each in his time had Iurisdiction ouer S. Iohn then there was an authority in the Church aboue the authority of the Apostles If they were gouerned by him then the Bishop of Rome was not the head of the Church There is no sober spirit that can doubt of these things or can thinke that in those dayes any liued in the Church who was not vnder the Iurisdiction of an Apostle 19 After Saint Iohns death who was liuing in the yeare of Christ 100. and after in the Church of Rome were Sixtus Telesphorus Hyginus Pius Anicetus Soter Eleutherius Victor These gouerned the Church of Rome in succession by the space of one hundred yeares together In which times they seemed willing to put to their helping hands to aduance the Church of Rome For Sathan hauing a purpose thence to raise Antichrist began betime to worke and to abuse those good men as it was not hard for him to beguile better men then they were though we admit them to be good men and holy Martyres Then were they drawne into a loue to aduance their seate and Iurisdiction yet so as neither in them is proued pernicious neither was it thought by the church to be very dangerous seeing they yeelded and submitted themselues in the end to the graue and godly aduise of the Church 20 The things wherein the Bishops of Rome sought first to aduance their power was by imposing ceremonies vpon other Churches Thus did Anicet contend for the celebration of Easter but was quieted by Polycarp who for the peace of the Church made a iourney to Rome and pacified Anicetus And was so much honoured of Anicetus that there he practised the function of a Bishop as Eusebius reporteth taking the storie from Irenaeus Thus was peace and loue then maintained on all sides whilest the Bishops of Rome were content to be ruled by others 21 A little after Victor grewe more violent in the fame quarrell and excommunicated the Easterne Churches which did not obserue Easter after the maner of the Church of Rome But Uictor was resisted and sharply reproued by Polycrates Bishop of Ephesus and the rost of the Easterne Bishops as also by Irenaeus Bishop of Lions in Fraunce These did freely reproue Victor for that he regarded not the peace of the Church they declare that in ceremonies there was great difference of olde and yet the Bishops liued in loue and peace together that the differences in ceremonies did not breake the consent in faith that these differences were before the time of Victor and that hee was therein to followe the examples of his auncients who preserued loue and peace and the doctrines of faith sincere with some diuersity in outward ceremonies This was all that the Bishops of Rome attempted in those dayes wherein there appeareth no Iurisdiction ouer others but rather the contrary For the godly Bishops of Asia reproued them and made them see and acknowledge their owne rashnesse and caused them to desist therefore the Church did not then acknowledge the Popes Iurisdiction 22 Betweene Victor and Syluester the first succeeded 18. Bishops of Rome in the space of 100 yeares next In which time there was no great attempt made for superiority or Iurisdiction onely the Bishops of other Churches did honour the Bishop of Rome following the Apostles rule In giuing honor goe one before another Which honour if they could haue remembred as well to giue to others as they did to receiue from others there could haue risen no question of Iurisdiction but that which began in loue and courtesie was afterward drawne to Iurisdiction We denie not but some of the auncients haue yeelded to S. Peter a Priority among the rest of the Apostles because of his great zeale and loue to Christ and to his trueth and for his excellent vertâ—…es and to the Bishops of Rome wee finde likewise that the auncients yeelded great and honourable titles but this was in respect of their vertue learning and integrity For the auncients knewe no other rule of fauouring men but vertue he was in the Church most honourable and
coactiue power to the spirituall Iurisdiction of the Church This is the meaning of the imperiall Constitutions that are in this manner set forth by Emperors of religions and doctrinall matters For the Emperours neuer tooke vpon them by their authority to define matters of faith and Religion that they left to the Church but when the Church had defined such truthes against Heretiques and had deposed those Heretiques then the Emperours concurring with the Church by their imperiall Constitutions Sicque Diuina 〈◊〉 â—…umana concurrentia saith Iustinian in the same place vnam consonantiam rectis sententijs fecere did by their coactiue power giue strength to the Canons of the Church Aâ—…d thus was the Church then gouerned by the Canons of auncient approued Synodes for matters of faith and doctrine and by the Constitutions of Christian Princes for matters of externall coactiue Iurisdiction That Constantine by whose authority the sixt Synod was held at Constantinople declareth that the Canons of the fiue generall Councels adding this second Constantinopolitan to the other â—…ouce were the rules or Canons of the Church 86. So long as those Canons of auncient Councels stood for Church lawes executed by the Bishoppes who were the Gouernours so long the Gouernement of the Church stood vp in peace order and Godlinesse one Bishoppe incroached not vpon the Iurisdiction of another But after that the Pope had intruded vpon the Iurisdiction of the Church and was growen so great as that by coactiue power hee was able to maintaine his intrusion then began hee to giue lawes such as are comprised in the Decretals of Gregory the ninth who was Pope in the yeare one thousand two hundred and thirty the first publisher of those lawes which were continued by 〈◊〉 the eight 〈◊〉 fift Iohn the two and twentieth 〈◊〉 by some other Popes vnto the yeare one thousand foure hundred and eightie for then liued Sixtus the fourth whose Decrees are published in that part that is called extraâ—… Commun since which times those lawes haue beene in some force in diuers nations where they did not crosse the imperiall lawes of those nations nor the Iurisdiction of the Kings thereof Now seeing that the Popes Iurisdiction is so much set forth and aduanced by these Canon lawes let vs in few wordes examine how he came to this Iurisdiction to giue lawes and by what right he maintaineth it If any man haue right to make and giue lawes this right must either be from God giuen him or from men who haue had this right before in themselues for euery man cannot giue this right but onely such as haue it and haue power to giue it But the Pope receiued not this right of giuing lawes to all Churches from God for God hath no where giuen any such Commission to him The ancient Bishops of Rome either did not claime any such Iurisdiction or if any were carried by leuity and ambition out of their bounds they were presently recalled and repressed by the godly Bishoppes of that age As Anicet was by Polycâ—…rp Victor by 〈◊〉 Polyâ—…rates and the other Bishoppes of Asia Zozimus Boniface and 〈◊〉 by S. Augustine and the Affrican Bishoppes so that the Bishoppes of Rome could neuer be suffered to make lawes to the Church for one thousand or twelue hundred yeares after Christ therefore this right was not from Christ. 87. For if it had beene from Christ then should the Pope haue beene suffered to haue practised the same before twelue hundreth yeares were expired For the godly auncient Fathers did neuer withstand the Bishop of Rome in any Iurisdiction which hee could claime from Christ. But in this thing it is knowne that they withstoode him therefore this Iurisdiction whereunto after so many hundreth yeares hee intruded himselfe against the iudgement of the auncient Fathers who resisted him heerein is not from God Neither can this right bee claimed from man because they who chalenge it will haue it to be a diuine right not humane And they quarrell vs for that we admit that temporall Princes may haue such Iurisdiction so that they vtterly denie that this Iurisdiction is deriued from any humane power Now he 〈◊〉 to execute Iurisdiction which is neither giuen him from God nor man must needs be conuinced to be an intruder and to come in his owne name and consequently to fulfill that Scripture I came in my Fathers name and you receiue mee not If another shall come in his owne name him you will receiue Which the auntient Fathers expound of the comming of Antichrist in his owne name And what more pregnant proofe can be brought of this his comming in his owne name then is this intruding himselfe into a Iurisdiction which he had neither from God nor from the Princes of this world And because the Pope after one thousand and two hundred yeares had no more right to giue Lawes to the Church then in former ages he had therefore this Iurisdiction is vnlawfull which by these Lawes hee practiseth Wherein onely defacto he is found to doe that whereunto he neuer had right 88. Moreouer if Bellarmine haue declared the true conditions of iust and lawfull Lawes it will followe that the Canon Lawes are no iust Lawes Bellarmine confesseth that foure conditions are required in a Law to make it iust the first is drawne from the end for it must be referred to the common good for herein saith Aristotle a King differeth from a tyrant because a King respecteth the common good of his subiects but a tyrant looketh onely vpon his owne priuate profit and thus saith Bellarmine doth a iust Law differ from a tyrannicall Law Then are the Popes Canon Lawes proued tyrannicall and vniust because they respect not the common good but the priuate wealth of the Pope as all those doe that draw all appellations to him The second condition which in Bellarmines iudgement maketh a Law iust is drawne from the efficient For it must be from a man that hath full authority Nemo enim potest legem imponere â—…nsibi subdiâ—…o saith he By this it will likewise follow that the Popes Canons are no iust Lawes because the Pope hath no authority to make such Canons binding them that are not his subiects as we haue declared before The third condition that maketh a Law iust is drawne from the matter saith 〈◊〉 for it must not forbid vertue nor commaund vice but the Canon Lawes are such as forbid vertue and commaund vice as appeareth by all those Canons that proceede with their non obstante I will note one example of many There is a Canon that runneth thus Quum aliquibus recipiendi aliquem in Canonicum alicuius Ecclesiae non obstantibus ciusdem Ecclesiae priuilegijs consuetudinibus vel statutis â—…uramento confirmatione Apostolica vel quacunque firmitate alia roboratis per nostras literas concedimus facultatem c. That is When wee graunt power to any by our letters to receiue any to be
liued 30. But was not Bishoppe Grosthead of the same faith and Religion with the Church of Rome Yes verily and so will I be if you grant me his conditions exceptions for he putteth two clauses very memorable by which he will condition with the Church of Rome or any other particular Church whatsoeuer First That the doctrines of that Church be the doctrines of Christ and his Apostles Secondly That so wee may regard the Church of Rome that wee be sure to hold vnity with the true Church the body of Christ. These excellent and famous men that haue heretofore liued in the vnity of the Church of Rome haue beene willing wee confesse to yeelde so much to the Pope and that particular Church as they might doe holding vnity with the true body of Christ. But if the vnity with the Romane Church doe draw them away from the vnity with Christs body then haue they alwaies beene resolued to giue ouer the vnity with that particular Church This confirmeth that which before I obserued in the Distinction betweene the Church of Rome and the Court of Rome because we see many learned and worthy men of our forefathers were of the Church of Rome that is held the bond of vnity with it who were professed enemies to the Court of Rome Now the Pope and his flatterers haue forsaken that vnity with the Church of Rome which stood in Apostolicall doctrines and vnity with the true body of Christ howsoeuer they boast of the name and haue nothing now to shew for themselues but the pride and faction of the Court of Rome 31. Now come we to the time wherein liued Iohn Wiclif another of the worthies of Merton Colledge in Oxford his aduersaries would blot him with the name of an Hereticke some things are vntrue wherewith they iniuriously charge him some things are true which they vniustly call Heresie In this question of Iurisdiction as he receiued the truth from Occham his Senior in Merton Colledge so he deliuered the same faithfully Speaking of the Kings Iurisdiction as well ouer the Clergie as Laity he saith The chiefe Lordshippe in this land of all temporalties both of secular men and religious pertaine to the King of his generall Gouernement for else hee were not King of all England but of a little part thereof Therefore the men that busien them to take away this Lordshippe from the King as don Friars and their sautors in this point beene snarper enemies and Traytors then Frenchmen and all other nations Wiclif labored worthily to descry refute the errors concerning Iurisdiction that in his time came creeping in introduced by Friars For he witnesseth that the Friars taught thus Rex Angliae non est rex totius Angliae sed regulus paruae partis super residiâ—…um vero mortificatum est Papa Dominus Veruntamen non est disp utandum inquiunt de hac materia quousque fuerit in effectu potentius stabilita sed tolerandae sunt iniuriae dominorum saeculâ—…rium quousque arriserit opportunit as temporis That is The King of England is not King of all England but Lord of a little part ouer the residue in a dead hand the Pope is Lord but say they there is no disputing of this matter vntill it be powerfully brought in effect In the meane time they say the iniuries of temporall Lords must be borne vntill an opportunity fauo ur them This is plaine dealing The Friars declare what is that thing at which they haue long aimed For what other meaning haue their pretended exemptions then by making a reuolt from the obedience of their soueraigns to become wholly the Popes seruants and creatures 32. But this late generation of Friars I meane the Iesuites exceeding these olde Friars in admirable practises in the blood and destruction of Princes and states are yet so confident in their wit and eloquence that they thinke themselues able to perswade the Kings of the earth to account them among good and loyall subiects The old Friars dealt more plainely they professed not obedience to Princes these professe more and would colour their deepe deuises in destruction of Princes with impudency and dissimulation as if they meant not the same things which daily they practise Now that which Wiclif taught against these wicked and prophane opinions of these olde Friars was no other thing then the iudgement of the learned Diuines which liued before and in his time for he brought in no nouelties but the Friars introduced the nouelties in Religion and Iurisdiction And that Distinction which before we obserued betweene the Church of Rome and the Court of Rome he confirmeth as a thing notoriâ—…usly marked in his time for of the Church of Rome he saith thus Protestor publice quod amando venerando Romanam Ecclesiam matrem meam desidero procuro defensionem omnium priuilegiorum suorum That is I protest publiquely that louing and honouring the Church of Rome Ireuerence my mother and procure the defence of all her priuiledges But of the Court of Rome or that particular Church of Rome which was gouerned by the Pope hee saith much otherwise not doubting but that the iudgement of the particular Church of England might in many things be preferred before that particular Church of Rome guided by the Pope Fieripotest saith he quod Dominus Papa foret ignarus legis scripturae quod Anglicana Ecclesia foret longe praestantior in iudicio veritatis Catholica quam tota ista Romana Ecclesia collecta de istis Papa Cardinalibus That is It may come to passe that the Lord Pope may be ignorant of the law of Scripture and that the Church of England may be more excellent in the iudgment of the Catholicke truth then all this Romane Church collected of the Pope and Cardinals Then in those dayes there was not much attributed to the Popes not erring iudgement or to the authority of that Church which was wholly gouerned by the Pope seeing the Pope might be ignorant of the lawe of God and the Church of England might haue a more excellent iudgement in the truth then that particular Church of Rome That which Wiclif saith might come to passe the world seeth and acknowledgeth that since that time it is come to passe That Friars were the introducers of Nouelties we haue already shewed out of Iohn Wiclifes obseruations In this sorte things stood vntill the time of the Councell of Pisa which was helde some twentie yeares after Iohn Wiclifes death §. IIII. The Popes Iurisdiction ouerthrowne by Councels 33. THus haue we heard the iudgement of learned men against the Popes Iurisdiction after that the same Iurisdiction began to be practised these haue refuted especially that part of his claime which was in temporalibus Now we will consider another part of his pretended Iurisdiction which was in spiritualibus in this we finde his feathers as well pulled as in the former so that when both temporall and spirituall Iurisdiction is
extraordinary example that wee see rather that Salomon doth mitigate the ordinary punishment of that crime which Abiathar had committed Moreouer to punish or to release the punishment of treason belongeth not to the office of a Prophet but of the King but Salomon in this action punishing the treason of Abiathar releaseth some part of it All which proue the distorted shift of Tortus to be so vaine and shamelesse that the blushing Hat of a Cardinall is not broad enough to couer the shame In these things and in supreame appellation standeth Ecclesiasticall iurisdiction which by diuine right was placed in these Kings and by them practised CHAP. IIII. Externall Coactiue Iurisdiction was not left by Christ to his Church nor practised by the Church all that while that the Church was without Christian Magistrates wherein is declared the Iurisdiction of the Church and of Bishops that the power of excommunication proceeded not to Coaction NOw let vs make search in the Church of Christians wherein we will consider first the state of the Church after it was called by Christ and his Apostles and gouerned by the Fathers for the space of the first three hundred yeeres in all which time no Christian was the Soueraigne Magistrate In this time it will be to good purpose to search the Iurisdiction of the Church for this is the time wherein it will most cleerely appeare And Christ that appointeth all times states for his Church appointed that all this time she should be without Princes for her nourcing Fathers that by wanting it so long we might vnderstand the greatnesse of this blessing But when the Church of Rome grew insolent by abusing this blessing taking the right of Princes from them and thereby remouing the ancient bounds of the Ordinances which God had set of old then it was not to bee marueiled that such iudgements followed of blindnesse and ignorance among the people of confusion and contempt vpon Princes and Kings which iudgements haue beene so famously apparant in the sight of the world But let vs proceed to the examination of the Churches Iurisdiction for if we consider what Iurisdiction Iesus Christ left to his Church it will consequently appeare what Iurisdiction is in Ciuill Princes for all that Christ gaue not to his Church remaineth with Princes 2. The places from which they would prooue Iurisdiction are these Mat. 18. Whatsoeuer you shall binde on earth shall be bound in heauen And whosoeuers sinnes you retaine shall be retained Now these places make no proofe of this Iurisdiction which is in question For all Popish writers that I could see vpon this question acknowledg these Scripturs not to be meant of externall Iurisdiction coactiue which is our question but of the inward power of remitting of sinnes practised within the court of conscience by the power of Gods spirit and declared by the Priest and ordinarily practised in excommunication or otherwise The greater condemnation deserueth that Catholike Diuine who to disprooue the Iurisdiction of Princes and to proue the Popes pretended Iurisdiction bringeth these places of Scripture which speake of neither Other places they cite as that Thou art Peter and vpon this rocke will I build my Church and I will giue to thee the keyes of the kingdome of heauen And Simon louest thou mee feede my Lambes c. These and such like places they bring to proue the Popes Iurisdiction All of this sort are throughly handled with exact iudgement and learning in that worthy conference written by Doctor Raynolds of blessed memory which booke as a gantlet of one of the worthies of our Church hath lien long betweene vs and the host of the Philistims and none of our adueâ—…saries hath had the courage to take it vp and to aunswere it 3. It is sufficient for vs to pleade that none of the auncient Fathers did euer expound these Scriptures thus or did euer dreame of such senses as they haue found of late out of their owne decretall Epistles It is sufficient that some of their owne best learned writers yea some of their most learned Popes before they were Popes haue with such learning and iudgement refuted their new deuised expositions of these Scriptures as that from themselues and out of their owne mouthes God hath drawen testimonies to ouerthrow these carnall and absurd expositions of Scriptures Iohn Gerson saith that these texts thus by the Popes flatterers applied to prooue his Iurisdiction are vnderstood by them Grossé non secundum regulam Euangelicam And Aenaeas Siluius hath with great life and learning ouerthrowen these grosse and corrupt expositions of whom we shall speake hereafter in due place where it will fully appeare that these expositions of Scripture are by the learned free and iudicious men of that side acknowledged to bee inuented by flatterers as the same Pope Pius the second witnesseth to be new and straunge and to be vrged by miserable and wretched soules which will not vnderstand that these challenges of their Iurisdiction are nothing but either the words of the Popes themselues that would inlarge their fringes without measure or of their flatterers who being blinded by ambition and caried with the winde of vaineglory doe flatter the Popes in hope of reward Though now those flatterers haue gotâ—… the vpper hand in the Councell of Trent and haue vsurped the name of the Church who before were alwayes esteemed a base company standing for the Popes Iurisdiction against the graue and learned men of that Church 4. Then for the places of Scripture which they bring for this Iurisdiction we say with their owne best learned men that they are in that sense wherein they vse them new deuises drawen of late by strange and absurd contortions into this new flattering sense by the Popes flatterers against the auncient expositions of the Fathers and Doctors of the Church Concerning the Iurisdiction which Christ left to his Church let all the Scriptures be searched and there will nothing be found of externall Iurisdiction consisting in power coactiue but all that Christ left was partly yea principally inward and spirituall power partly externall for establishing doctrines of faith and good order in the Church by Councels determinations iudicature spirituall censures excommunication deposing and dispatching of the disobedient so farre as the Church could proceede without coactiue power For by this spirituall power without coaction the Church was called faith was planted diuils were subdued the nations were taken out of the power of darkenesse the world was reduced to the obedience of Christ by this power the Church was gouerned for three hundred yeeres together without any coactiue Iurisdiction But what coactiue power may worke in the Church without this we haue a lamentable experience in the present court of Rome falling away from the truth and from the comfort of the spirit and therefore from the true vse of the power of the spirit of God when the Popes being destitute of this
power of the spirit tooke vpon them power aboue the Ciuill Magistrate practising wholly coactiue power which they called Spirituall when they had forsaken the power of the spirit and reiected it from them 5. The Iurisdiction which the Apostles practised was partly from the commission of Christ spirituall partly from the law of Nature and from the example of that gouernment which was established in the Church of the Iewes The things which belonged to Apostolicall Iurisdiction either concerned the gouernment of the ministery or of the whole Church Touching the gouernement of the ministery these things belonged to the Apostles so long as they liued and afterward to Bishops their successours First a power to ordaine ministers Thus did Paul and Barnabas when they called Churches through Lycaonia Pisidia and Pamphylia They ordained Elders in euery Church Elders that is Pastors Preachers to preserue the Doctrine continually which the Apostles had once planted And this charge to ordaine Elders or Priests did the Apostles leaue also to them that succeeded in the gouernement of the Church This commission Saint Paul gaue to Titus For this cause I left thee in Crete that thou shouldest continue to redresse the things that remaine and ordaine Elders in euery city as I appointed thee which ordaining signifieth also institution in the place or cure they ministred in 6. The Apostles had also in themselues and left to their successours power and Iurisdiction to command those Pastors which thus they had ordained to preach the truth without mixture of false doctrines This power as Saint Paul had in himselfe so he left the same to Timothie and consequently to others As I besought thee to abide still in Ephesus when I departed to Macedonia so doe that thou maist command some that they teach no other doctrine These were the principall parts of Iurisdiction which the Apostles left to their successors to continue in the Church for euer For the end and vse of this gouernment is perpetuall as to ordaine Preachers and to see that they so ordained should teach the truth without heresie It followeth certainely that such gouernours as the Apostles themselues ordained in the Church for these perpetuall vses are to remaine perpetuall gouernours in the Church Thus was the gouernement of Bishops placed by the Apostles to stand and continue till the end of the world because the Apostles placed such for the ordination of ministers and the preseruation of true Doctrines For they who aunswere that these offices and places wherin the Apostles placed Timothie and Titus were either extraordinarie or to indure for a short time do not consider the end and vse of these places which end and vse is neither extraordinary nor temporary but ordinary and perpetuall For ministers must be ordained commanded to preserue the truth without heresie as long as the Church standeth Then the necessitie and vse of the ends will prooue the like necessitie and vse of these gouernours which by the Apostles were placed for these endes 7. Another part of this Iurisdiction and depending vpon the last was that which the Apostle leaueth in commission to Titus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to stoppe their mouthes For which cause the Angell of the Church of Thyatira is reprooued by Christ because he suffered a false Prophetesse to teach and to deceiue the people and to make them commit fornication and to eate meat sacrificed to idols If Titus be commaunded to put some to silence and the other reprooued for suffering a false teacher to teach then the gouernours of the Church haue authoritie and Iurisdiction in these things but how farre it is extended we shall consider hereafter But because it may be questioned whether 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be to silence ministers or to conuince them by argument To this wee ' aunswere that albe it wee denie not conuiction by reason to be also included in the word yet there is a further meaning of iudiciall proceeding by authoritie heere vnderstood which thing will appeare by conference of this and other places For Saint Paul hauing first declared that he left Titus at Crete to ordaine Elders describeth what manner of men they must be that are so to be ordained For a ' Bishop must be vnreproueable c. Then he declareth that many be otherwise for there are many disobedient and vaine talkers and deceiuers c. If the question be demaunded what shall be done to these deceiuers the wordes immediatly following containe an aunswere whose mouthes must be stopped So that the sense of these words is the same with that which hee saith to Timothie charging him to command some that they teach no other Doctrine Then the word containeth not only conuiction by argument but Iurisdiction also For conuiction by argument onely would not haue serued to suppresse the false Prophetesse of Thyatyra And if a minister be accused of heresie or such like he was to be iudged by such as were set in chiefe authoritie in the Clergie For that there was a consistory and iudiciall proceedings set vp it is euident and no lesse euident that the Bishop was iudge Against an Elder saith S. Paul to Timothie receiue none accusation but vnder two or three witnesses Now he that is appointed to heare accusations to receiue the testimonies of witnesses is placed in a place of iudgement with Iurisdiction and therefore hath authoritie not onely to conuince by argument but also to proceed iudicially against false teachers and to put them to silence 8. Thus farre was Iurisdiction practised ouer ministers the things which follow touched the whole Church Another part of Iurisdiction practised by the Apostles touching the Church in generall was to call Councels for the determination of such controuersies as were raised vp by them that troubled the doctrines of the truth and peace of the Church Such was the Councell gathered by the Apostles Act 15. Consisting of Apostles and Elders that is of persons Ecclesiasticall wherin sentence proceeded after good deliberation and great disputation This is the greatest power or Iurisdiction of the Church because the whole or many chiefe parts together is greater then any one part 9. Further concerning the extension of this Iurisdiction it cannot be denied but that there is a power in the Church not only internall but also of externall Iurisdiction of internall power there is no question made Externall Iurisdiction being vnderstood all that is practised in externall Courts or consistories is either definitiue or mulctatiue Authority definitiue in matters of faith and religion belongeth to the Church Mulctatiue power may be vnderstood either as it is referred to spirituall censures or as it is with coaction as it standeth in spirituall censures it is the right of the Church and was practised by the Church when the Church was without a Christian Magistrate and since But coactiue Iurisdiction was neuer practised by the Church when the Church was without
Christian Magistrates but was alwayes vnderstoode to belong to the ciuill Magistrate whether he were Christian or heathen We denie not but that the Apostles did sometimes take vengeance vpon the disobedient but that was not by the materiall sword in the power whereof we place coaction but by the spirituall sword which alwayes shewed it selfe in their Ministery sometimes in an extraordinary manner as in the striking of Ananias and Saphira with present death in the striking of Elimas the Sorcerer with blindnesse and such like These were signes of extraordinary power but wee seeke heere the ordinary Iurisdiction of the Apostles which they left to their successours 10 Vpon these grounds ioyned with the assured knowledge of the History of those times the auncient Fathers deliuer it as a truth neuer questioned nor doubted that in the gouernment of the Church the Bishops are the vndoubted successours of the Apostles Irenaeus speaking of heretikes saith Omnes hi posteriorâ—…s sunâ—… episcopis quibus apostoli tradiderunt ecclesias If Bishops were before any heretikes they were questionlesse in the Apostles time and by the Apostles instituted because some heretikes were euen in the Apostles time Irenaeus saith also Habemus annumer are eos qui ab Apostolis instituti sunt episcopi in Ecclesiis And a little after Quibus etiam ipsas Ecclesias committebant And againe in the same place Quos successo es reliquerunt suum ipsorum locum magisterij tradentes Cyprian saith Potestas peccatorum remittendorum Apostolis data est Ecclesiis quas illi à Christo missi constuuerunt et episcopis qui eis ordinatioâ—…e 〈◊〉 successerunt The same hee hath also Epist. 69. Hierome saith Potentia diuitiarum paupertatis humilitas vel sublimiorem vel inferiorem Episcopum non facit Caeterum omnes Apostolorum successores sunt It were hard to kicke against all these pricks Against so euident grounds of Scripture so expresse testimonies of Fathers to deuise a new gouernment of the Church Leauing the auncient and knowne gouernment which hath the testimonie of those that liued in the first age and heard and sawe those that were endued with miraculous gifts as Irenaeus testifieth of himselfe that hee heard those which spake by the spirit in all languages and sawe them who often raised the dead to life againe Leauing I say the testimonie of these whose name and authority is so reuerend in the Church and striuing for a gouernment which came but of late to the knowledge of men seemeth to proceede from affections too much blinded with the loue of innouation 11 But though this be true that Bishops in the gouernment of the Church succeede the Apostles yet we are cautelously to distinguish betweene the things wherein they succeede the Apostles and those things which since the Apostles times haue beene added to their gouernment by godly Princes For the preseruation of true doctrine in the Church the Bishops are the great watch-men Herein they are authorized by God If Princes withstand them in these things they haue warrant not to obey Princes because with these things Christ hath put them in trust Therefore S. Paul saith not that it is the Kings office but the Bishops to commaund that they teach no other doctriâ—…e Vpon which ground S. Ambrose was bolde to withstand Valentinian Emperour For Ambrose as the watch-man of the Church of Millaine would not suffer Auxentius an Arian Bishop to haue any place to teach in his Diocesse Auxentius complained to the Emperour as the contention grew thus betweene them the one like a vigilant watch-man seeking to remoue all dangers from his flocke the other like a Wolfe seeking to spoile at the earnest entreaty of Auxentius the Emperour willed that the cause betweene these two might be heard in the Ecclesiasticall consistorie and that the Emperour might sit as Iudge in the cause This thing Ambrose vtterly denied and of this hee writeth thus to the Emperour Quando audisti clemeÌ„tissime imperator in causasidei Laicos de Episcopo iudicasse And againe Sivel Scripturarum seriem diuinarum vel catera tempora retractemus quis est qui abnuat in causa fidei in causa inquamsidei Episcopos solere de imperatoribus Christianis non imperatores de Episcopo iudicare And in another place Volens nunquam ius deseram coactus repugnare non nout arma enim nostra preces sunt lachrymae This example of Ambrose his courage is worthily commended by all posterity wherein this worthy man seemeth to direct a true rule of obedience For Iustina the Emperours mother seeing she could not draw Ambrose to fauour the Arians purposed to put him from the gouernment of the Church Which thing would haue beene effected if he had not refused to appeare in the Court where the Emperour was to sit as Iudge There appeared in him courage godlinesse and exact obedience all truly tempered He denieth the Emperour to be a sufficient Iudge in a cause of faith and religion In causafidei in causa inquam fidei For this hee repeateth precisely desirous to be rightly vnderstood he would rather die then admit such an example as to betray the trueth and that commission and charge wherein GOD had set him And yet if the Emperour would by force doe any thing he denieth that there is any power in him or in the Church to resist by force The faith and right of the Church was not in his iudgement to be maintained by force and armes but by prayers and teares Thus resolute is this godly man in the cause of faith against the Emperour but in other causes he claimeth no priuiledge no immunities and therefore in the same place hee faith Si tributum petit imperator non negamus agri Ecclesiae tributum soluunt Athanasius ad solitar vitam agentes speaking to Constans the Emperour saith Let religious Bishops perswade the Emperor that he corrupt not the Church nor mingle the Romane Empire with Ecclesiasticall constitutions And Hillarie writing to Constantius saith to the same purpose Prouideat decernat clementia tua c. Let your clemency prouide and establish that all Iudges to whom the care of publike businesse belongeth may abstaine from religious constitutions Thus did the auncient Bishops gouerne the Church not suffering any King or Emperour to meddle with the determinations of matters of faith For of such matters are these testimonies to be vnderstood and onely of such In like manner Chrysostome resisted Gaina generall of the forces of Arcadius Emperour Who would haue had a Church within Constantinople for himselfe and the Arians The Emperour was willing to gratifie him or not willing to displease him for his greatnesse but Iohn Chrysostome did vtterly denie it as a thing vnlawfull Thus by the warrant of Scriptures and examples of Fathers we giue to Caesar all coactiue power which is due to him but spirituall gouernment we giue not to him this is that
much lesse dissolution to the states of this world but the gouernement of the court of Rome now commonly called the Church of Rome breedeth trouble and dissolution to the states of this world therefore the gouernment of that court is contrary to the gouernment of Christs Church the assumption is a confessed truth too well knowen that the gouernment of the Popes court or Church breedeth trouble and dissolution to States by excommunications The proposition is prooued by the aunswere of Christ to Pilats feares my kingdome is not of this world whereby hee satisfieth Pilate that he needed not feare any trouble or dissolution of established authoritie by him for this was Pilats feare So that if wee admit that Christ did aunswere to the purpose and that Pilats feares and suspitions were remooued by his aunswere it must be confessed that by that aunswere the State was secured that Christs gouernement would not raise any trouble to it or procure the dissolution thereof And it must be well obserued that Christ thus securing the present State doth not speake of his owne person onely but vndertaketh for all that belong to him and his kingdome Therefore he saith not I am not or my person is not of this world but my kingdome is not of this world Then as hee secureth this State from any trouble that they might feare from his person so he secureth all States of the world during the time of this world from all troubles that they might feare from his members and from his kingdome which is his Church Wherby it followeth by strong euidence of reason that they who put States in feare of troubles or work the dissolutiō of Ciuill gouernment as the Pope doth by excommunication are not the members of Christ nor belonging to his kingdom 15. This is further declared in the same place by the words following If my kingdome were of this world then would my seruants surely fight that I should not be deliuered to thee In which words wee finde that Christes seruants may not fight not stirre vp tumults vproares and warres for the maintaining of their kingdome Therefore that Kingdome for which they raise so much warre is not the kingdome of Christ not Christs Church nor they that raise vp such warres Christs seruaunts Christ forbiddeth his seruaunts to fight for him and his kingdome the Pope commandeth his seruants to fight for him and his kingdome Can you haue two kingdomes more opposite two Kings more contrary 16. This doctrine that the Church may not stirre vp any vproares or warr◅s against the Magistrate hath beene alwayes maintained by the auncient Fathers For we finde that in the greatest persecutions the auncient Bishops taught Christians alwayes to liue in peace and to pray for the Emperours and gouernours though they were persecutors according to the commaundement of Christ Loue your enemies and pray for them that persecute you Iustin Martyr saith We pray that you speaking of the Emperour may be found to haue a good and sound mind with your imperiall power Plinie writing to Traian of the auncient manner of Christians saith they assembled to worfhip Christ and bound themseluer in a Bond not to set vppon any wicked practise Sed ne furta ne latrocinia ne adulteria committerent ne sidem fallerent Contrary to which practise the Pope by his excommunication deposing of Princes and discharging subiects from their oath and Allegeance bindeth men to raise warres and tumults to breake and violat◅ their faith and to commit many disorders Tertullian saith Cramus pro Imperatoribus c. That is We pray for Emperours for their deputies for powers for the State of this world for the quiet and peaceable gouernment of things Contrarie to which the Popes raise warres make the gouernment of States tumultuous and take away peace from the earth Optatus saith For good cause doth Paul teach that we must obey Kings and powers yea though an Emperour were such an one as liued after the manner of the Gentiles Augustine saith we are not to yeeld this power to any but onely to God the power I say to giue kingdomes c. Who giueth earthly kingdomes both to godly and vngodly And in another place hee prooueth that euill Kings and Tyrants are to be obeyed wherof he giueth a reason because saith hee Men consist of two parts a bodie and a soule as long as wee are in this life and neede the helpes of this life we must by that part which belongeth to this life be subiect to the powers of this world but by that part whereby we beleeue in God we owe no subiection to man but onely to God Ambrose saith If the Emperour should commaund any thing vnlawfull hee would not obey neither durst he resist by force but onely beare with patience Arma enim nosta sunt preces lachrymae Gregorie the first was so farre from this tumultuous disposition of his successours that hee held himselfe bound to obey the Emperour in the promulgation of that law which he thought the Emperour should not haue made Ego quidem iussioni tuae subiectus saith he to the Emperour Maurice eandem legem per diuersas terrarum partes transmitti feci quia lex ipsa omnipotenti deo minime concordat ecce per suggestionis meae paginam serenissimis dominis nunciaui vtrobique ergo quae debui exsolui quia Imperatori obedientiam praebui pro deo quod sensi minime tacui So farre were these auncient Fathers from the newe and strange practises of disobedience and rebellion against Magistrates which is nowe so stiffely taught and vnmercifully executed by the Popes vassals vnder pretence of Religion 17. But they tell vs that the Pope vseth onely his spirituall censures hee excommunicateth Kings for heresie or schisme and thereby deposeth them and dissolueth the obedience of Subiects I answer excōmunication as it is a censure of Christs Church containeth no coactiue power that is no such power as to depose Princes or to dissolue the faith and alleageance of Subiects Which thing is proued both by the vse of excommunication and by the power of the Church First if we consider the vse of excommunication we finde it was vsed in the Church of the Iewes and from them taken by the Church of Christians Then excommunication being found among the Iewes in his full vse and force all the kindes there of being distinctly obserued by the learned Iewes namely by Elias Leuita who obserueth out of the writings of the auncient Rabbines three diuers kindes of excommunication in vse in the Iewish Church it followeth that this censure of the Church can be no farther extended in the Church of Christians then it was in the Church of Israel where it was first instituted and established But in the Church of Israel it was neuer extended to deposing Kings and destroying obedience of Subiects therefore in the Church of Christians it may
others Who though in some things they were deceiued and by the sleighty and subtill worke of Sathan drawne to doe it vpon this so much fancied Iurisdiction of Rome Yet as in charity we are to iudge they were preserued by the mercie of God from that shamelesse impudency of some of their predecessours and were content to leaue things as they found them And so the Church of Rome stoode vntill the time of Gregorie the first CHAP. VI. Of the state and Iurisdiction of the Church from the yeare of Christ 600. vntill the conquest of England Wherein is declared how this Iurisdiction was first refuted by the Popes and after obtained by the succeeding Popes How the Popes resisted the Emperour and surprised the Emperours Iurisdiction and lands and how some Emperours recouer Iurisdiction againe NOw we enter into those fatall times of our captiuity For wee confesse that our Fathers were by a iust iudgement of God brought into a captiuity farre greater then the Babilonian Our Kings our Bishops our people our Church and all were oppressed And they that led vs captiues aske vs where was our Church then Wee answere in captiuity For though the greatest number then followed the pleasures and delights of Babilon yet among them the true Israel of God remained And we are able by the grace of God to proue a true Church to haue continued in the doctrines of the trueth vntill God sent in his wonderfull mercy a deliuerance from this captiuity But this belongeth to another question 2 After these times the Iurisdiction of Princes and of the Church was oppressed by the Pope But before they came into that great oppression and captiuity it pleased God for better testification of his truth to all ages and for the confusion of this tyrannie gotten and maintained by forgerie to cause one of the Popes to dispute this question with such zeale and courage that it remaineth an euerlasting testimonie against this Iurisdiction and against all his successours For when Iohn Bishop of Constantinople would haue had this title of Oecumenicall Bishop confirmed to him Gregory the first questionlesse the best Pope that hath beene since his time vseth such reasons against Iohn as are sufficient to proue that no Bishop hath right to that Iurisdiction which now the Popes claime and that hee who vsurpeth that place aboue his brethren is Antichrist And if the iudgement of Gregory be sufficient to determine this controuersie it will follow that Antichrist hath beene raised vp in the Church of Rome presently after Gregory and hath in the succession of those Bishops sit there euer since because since the time of Gregory they haue taken and claimed this title and thereby so much increased in pride ambition and enormous practises against the Church and against states that he that cōpareth these times with the former shall finde it another state then it was in the time of Gregory 3 And because the Pope now glorieth in this title of vniuersall Bishop from which title he would draw a Iurisdiction ouer all Bishops Gregory herein is peremptory that whosoeuer taketh that title robbeth Christ of his place and glory For saith he Sub vno capite omnes membra sunt Ecclesiae sancti ante legem sub lege sancti sub gratia et nemo se vnquam vniuersalem vocari voluit All the Saints as members of the Church are vnder one head the Saints before the Law vnder the Law and vnder grace and no man would euer suffer himselfe to be called an vniuersall Bishop This was then the learning of the Church of Rome that because Christ was the onely head of the vniuersall Church therefore no man may be For the deuise which after this the Friars brought in of caput ministeriale was then vnknowne The reason of Gregory is well to be obserued because euery man is a member of the vniuersall Church no man can be both head and member of the same And therefore hee vrgeth this thing often as namely where he saith Vniuersa sibi tentat ascribers omnia quae soli vni capiti cohaereut videlicet Christo per elationem Pompatici sermonis eiusdem Christi sibi studet membra subiugare That is he seeketh to ascribe all to himselfe and whosoeuer as members are knit to one onely head that is Christ he deuiseth by the pride of this Pompaticall title to subdue to himselfe Thus saith Gregory of him that sought this title of vniuersall Bishop In many other places he proueth the same that Christ is the onely and sole head of the Church and therefore no man can challenge this title of vniuersall Bishoppe or head of the vniuersall Church Whosoeuer doth it must bec that Antichrist that thrusteth Christ out of his place For it is well to bee obserued that the reasons of Gregorie against the claime of vniuersall Bishoppe or head of the vniuersall Church doe as well and truely refute all these names of pride now chalenged by the Popes as this which then was chalenged by Iohn of Constantinople For now these titles are giuen to the Pope as his due stile Princeps Sacerdotum Uicarius Christi caput Ecclesiae fundamentum Ecclesiae pater doctor omnium fidelium sponsus Ecclesiae Episcopu◅ vniuersalis All these being titles of the like pride and pompe are alike condemned by Gregory Of this title of vniuersall Bishop Gregory saith so much as might iustly deterre all his successours from that or any of the like nature For he calleth it Vocabulum profanum vanum nomen vanitatis vocabulum peruersum vocabulum elationis scelestum superstitiosum superbum Thus in diuers places he setteth out that title and farther saith that it is Appellatio nefan◅inominis profani nominis superbia appellatio friuoli nominis vanitas stulti nominis nomen Pompaticum By all which termes dispersed in diuers parts of his workes hee hath declared his zeale against the pride of them that take such names vpon them declaring that the blasphemy of this name was a proofe that Antichrist was rising in the Church For he saith that hee that taketh this name of vniuersall Bishop is the fore-runner of Antichrist For that Antichrist must be Lord of the Clergy Gregory witnesseth saying Sacerdotum ei praeparatur exercitus 4. Now seeing that from these names of pride they would proue the Popes Iurisdiction We answer this proofe is founded vpon a rotten and ruinous ground-worke seeing their auncient Popes haue vpon the same reasons grounded the proofe of Antichrist After the death of Gregory Sabinian succeeded who sate but fiue moneths and nineteene dayes And then came Boniface the third who obtained of the Emperour Phocas that title which Gregory had so condemned Then and neuer before was the Church of Rome made the head and Mistresse of all other Churches and the Pope the chiefe Bishop of all Bishops This was done in the yeare of Christ sixe hundred and sixe And this Boniface is accounted the threescore
man of a leaden heart and a brasen forehead to rush through these difficulties after the Romane Catholike maner without blushing but let a man in humility and good conscience set himselfe to seeke the truth herein and to giue God the glory and it will bee impossible for him to wrastle out of these nets but by confessing the forgerie and reiecting the Iurisdiction forged 13. Moreouer that it may it further appeare that this Iurisdiction is esteemed all in all and more then all by these men and that all other parts of their religion are not so deare to them as this we may further obserue that as the Pope ouer-ruled the Councell of Trent so the thing that swayed the Pope and forced him to resolue vpon this course which now is established by the Court of Rome in the Councell of Trent was onely the feare of loosing and care of maintaining this Iurisdiction For before the Councell of Trent which thing we shall hereafter by Gods helpe more manifest at good opportunity the Church of Rome stood so indifferently affected in the chiefe points of religion that if the respect and practise of the Pope had not misled them it may bee well iudged they would haue beene more ready to assent to the conclusions of Master Lutâ—…r and Iohn Caluin then to those that are established in the Councell of Trent so indifferent stood the world before that Councell For after that time that they had begun to challenge this Iurisdiction before the Councell of Trent the Popes were alwayes afrighted at the name of a generall Councell as Paul Iouius winesseth otherwise a flatterer of the Popes for he saith thus Id vnum concilij nomen supra caeteros insaelices humanarum rerum casus maximo terrori Pontificibus esse consueuit That is The onely name of a Councell more then all other humane incident miseries is wont to be a great terrour to Popes He giueth the reason there why the Popes were so much afraid of Councels because saith he in them questions of faith religion are interpreted the Popes IurisdictioÌ„ censured curbed Ad castigandam sacerdotum luxuriam censorias leges condunt ipsi Pontificices Pontificio iurâ—… 〈◊〉 eiâ—…rare supremaâ—… dignitatâ—… seque demum Pontificatu abdicare coguntur hoc metu armati reges Pontifices terrent That is Councels make lawes to chastise the luxuriousnesse of Priests The Popes themselues circumuented by the Popish law are compelled to resigne the Supreaâ—…e dignitie and to relinguish the Papacie 14. So that before the Councell of Trent the Soueraigne Iurisdiction was neuer held to be in the Pope seeing the Church being gathered together in a Councell did vse to exercise Iurisdiction vpon the Popes For if the Popes were wont so much to feare and flie a generall Councell in regard of censurâ—…ng and inhibiting their Iurisdiction then must these conclusions follow That the Councell of Trent was not a generall Councell because the Pope was not afraid of it that the Popes themselues did acknowledge that the Iurisdiction of a Councell was aboue their Iurisdiction for otherwise why should the Pope be afraid of a free Councell So that if the Councell of Trent had beene like to those Councels which the Popes did so much feare it might haue giuen as good satisfaction to true Christians as now it doth to the followers and flatterers of the Court of Rome And before that Councell there was great hope that it might haue bin so For the minds of al good men were marueilously prepared to peace and to a mutuall consent And for the points of doctrine if the Friars and such as were by them infected had not troubled all the truth might haue preuailed For Cardinall Contaren made a good preparation to the doctrine of iustification which being the greatest point in controuersie is handled by him conformable to the doctrine of Luther Caluin and directly against that which was concluded in the Councell of Trent this he wrote in the yeere one thousand fiue hundred fourtie and one a little before that Councell The Cardinall therein teacheth nothing but that which was before him the knowen doctrine of the Church of Rome from which because the Councell of Trent swarued therefore they made the separation and not we This wisdome and moderation of Cardinall Contaren and others of that side gaue great hope to Master Bucer and some other of this side to labour for an agreement and mutuall consent and assuredly there was great reason to hope it For if the rest had beene of that spirit and moderation which Cardinall Contaren Georgius Cassander Iohn Ferus Master Antonius Flaminius Espencaeus and many others a mutuall consent would haue beene obtained But will yee haue the truth the points of faith and doctrine were not the things which most hindered this concord for in these things many of that side were very conformable and moe might haue beene drawen but there was another thing which crossed all peaceable purposes this was the Popes Iurisdiction If it had not bene for this Iurisdiction the doctrine of Luther might haue beene easily granted for what taught he which was not before him taught in the Church of Rome I graunt that the contrary was also taught by Friars for in the Church of Rome before the Councell of Trent some taught after the manner of the new deuised doctrines which Friars brought in others taught the truth preseruing the auncient doctrines in most points till that time as by their writings extant appeareth So that if the Councell of Trent had beene indifferently chosen of learned men then liuing and if their voyces had not bene forced and forestalled by an oath of obedience to the Pope and to satisfie his lust a desperate practise declaring a desperate cause things might haue beene aswell concluded againstâ—… the Iurisdiction of the Pope and faction of Friars as now all is for them 15. And because wee haue so often mentioned and are so often to mention the Councell of Trent seeing we wholly reiect it and our aduersaries wholly rest vpon it it may bee expected that wee should giue some reasons why we disable it so much I may answere the reasons are in the doctrines and conclusions themselues which are throughly and worthily examined by Master Chemnifius and others But ouer and besides the falshood of doctrines which are concluded there directly against the manifest truth of holy Scriptures we haue also these iust exceptions that that Councell was neither a generall nor a free nor a lawfull Councell Generall it was not because if we consider these Westerne parts of Christendome for the benefite whereof that Councell is pretended to be gathered the greatest part was excluded from that Councell For all England Scotland Ireland all France and all Germanie that are Protestants will make a farre greater part then all the rest that consented to that Councell so that it was a Councell held of a small part
obserued to speake in the Councell with some freedome as some did especiall marke was taken of such these were withdrawen and recalled thence that other might take their place Of this the Protestant Princes complaine to Charles Fuerunt in eo concessu pauci quidem aliquanto liberiores in dicendo sed inuenta ratio fuit vt ijs reuocatis atque summotis alij summitterentur nequiores That is Some were in that company wâ—…o vsed some freedome of speech but a meanes was inuented to remoue and recall them that other more seruile might be in their places The Pope thus giuing continuall direction to the Councell and appointing by intercourse of messages coÌ„tinually trauelling betweene Rome and Trent what should be concluded insomuch that a common prouerbe was then taken vp among them that the holy Ghost trauelled from Rome to Trent in a packet and finding that after all this his purposes were crâ—…ssed by a certaine number of voyces the number being precisely brought vnto him began to flie to his last reserued shift For of a suddaine he created thirteene Cardinals in one day all Italians to whom hauing giuen vncertaine titles but certaine instruction he sent them to the Councell whom the other Fathers of the Councell welcomed not knowing their end At the next meeting the matters being proposed as before it was found that the voices of these that were come so lately did alter all and east it at the Popes pleasure and yet their wretched pollicies rested not thus If any were supposed to excell in knowledge grauitie learning and godlinesse they were some before the Councell that their presence should not hinder or disturbe the Popes purposes some afterward secretly taken away by poyson this was the end of that worthy Cardinall Contaren and others who for their eminency in vertue were suspected of Lutheranisme And that the world might know and take full notice of the Popes end and scope in calling this Councell that it was not the true faith and religion of the Germanes that hee sought but their blood it is euident by his practise For whilest thus they held the Germanes and all the world in expectation of a Councell the Pope in the meane time raised an army and sent it against the Protestants to be ioyned with other armies prepared for their vtter destruction The generall of the Popes armie Octauius Farnesius Graundchild to Pope Paulus the third by whom hee was sent departing out of Italy was obserued to say That he would destroy so many Germanes that his horse might swimme in the blood of Lutherans This is their holy Councell of Trent consisting of a fewe and those fewe bound by an oath to the Pope restrained prohibited poysoned and at last with many shifts drawen to serue a purpose assembled without lawfull authority called by the vsurped power of the Pope drawen and pulled by fraud and subtiltie ending in blood and warres and remaining the onely cause of all the warres which haue beene raised within these westerne parts of Christendome since that time to this day §. II. Of Friars by whom this Iurisdiction was maintained 20. MY purpose being to note the meanes by which this Iurisdiction hath beene aduanced I thinke it needfull after forgeries to speake of Friars For they haue beene the chiefe aduancers of this Iurisdiction and the fittest instruments that the Pope hath found for his purpose Iohn Wiclife in diuers places declareth out of assured knowledge of storie himselfe being neere those times and therefore more able to iudge therof that before the yeere of Christ one thousand two hundred there were no Friars in the world About which time Dominicus a Spaniard and Francis an Italian began their new orders Fasciculus temporum setteth their beginning about the yeere one thousand two hundred and foure and that they were confirmed by Pope Honorius the third about the yeere one thousand two hundred and fourteene Ordines quatuor mendicantium saith he videlicet Praedicatorum Minorum Augustinensium Carmelitarum consirmantur ab Honorio praeponuntur Praedicatores Minoribus in literis Papalibus quia sex mensibus ante eos confirmatifuerunt Matthaeus Palmerius setteth the confirmation of the Dominicans in the yere one thousand two hundred and sixteene Of the Franciscaâ—…es in the yeere one thousand two hundred twentie and three so that Wiclife hath a good ground for that assertion that Friars were neuer known in the world before the yeere one thousand two hundred 21. This was the first thing that made the alteration of the Church of Rome famous For before the institution of Friars the doctrines of the Church of Rome stood sound and vnchanged in most things The alteration was afterward wrought especially by these Friars both in doctrine Iurisdiction For at the first Friars were set vp to oppresse the old Priests to alter the auncient religion and to exalt the Popes power in a greater measure then it was before In which businesse they haue not beene idle but taking directions onely from the Pope haue brought in a great chaunge in all things Wiclife obserued that Friars pursued imprisoned and burned Priests onely for reprouing their sinnes So that then questions of doctrine made not the quarrell betweene Priests and Friars but only the reproofe of the corrupt and vncleane liues of Friars as in corruption they began so they continue And this is testified by others also that the first cause of the Popes persecutions was not for doctrine but onely for the Popes Iurisdiction Reinerius writing against the Waldenses testifieth thus much that they differed from the Church of Rome in no point of doctrine but onely they denied the Popes Iurisdiction Haec secta Leonistarum for so they were called magnam habet speciem pietatis saith he eo quod coram hominibus iuste viuant benè omnia de Deo credant omnes articulos qui in Symbolo continentur solam Romanam Ecclesiam blasphemant oderunt So that all the heresie which then was found in them was onely against the Popes Iurisdiction they swarued not from the doctrines of the Church of Rome but the Friars made the alteration from that auncient doctrine Then howsoeuer since that time some Popish writers vpon humour and partialitie haue charged them in points of doctrine yet the writers of that age and neere it euen their aduersaries do therin iustifie them and shew that the quarrell was not for points of doctrine but only for the Popes Iurisdiction And it is worth obseruation that the same Reinerius confesseth that there was no origin of this sect knowen some saith he asfirme that this sect hath continued from the time of Siluester others thinke it continued from the time of the Apostles himselfe concludeth that out of question it is ancienter then any other sect Then out of doubt they were much more auncient then Friars and Friars were raised vp paâ—…tly to this end to pull them downe 22. And that this was
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
enacted by Emperours to be a law that all of the Clergie that offended might know their punishment for that Constantine by whose authority the sixt Synode at Constantinople was held in a Decree inserted in that Councell saith Si quidem Episcopusest vel Clericus vel monachico circundatus habitu deportationis paenam exsoluet Carâ—…omannus in a French Synode decreeth imprisonment Si ordinat us presbyter fuerit duos annos in carcere permaneat These punishments were inflicted vpon such Clerkes as would not be ordered by Ecclesiasticall censures of their Bishoppes for so Guntranus doth testifie a French King by whose authority the Councel of Matiscan was held Quicunque Sacerdctum saith he in a Writ added to that councell aut saecularium in intentione mortifera perdurantes crebrius admoniti si se emendare neglexerint c. alios canonica seueritas corrigat alios ligatâ—…s paena percellat And a little after he saith Conuenit vt iustitâ—…ae â—…quitatis in omnibus vigore seruato distringat legalis vltio iudicum quos non corrigit canonica praedicatio Sacer dotum 70. Then the ancient practise was that the temporall Magistrate should punish such as offended of the Clergy as well as of the Laity Concerning the antiquity of this exemption of Clerkes from temporall Courts wee finde no president for it all the while that the Emperours had any gouernement and commaund in Italy But when the Pope was able to meet the Emperour in battell and giue him the worse then began the authority of the ciuill Magistrate to decay in Rome and fell at the last into contempt And the Pope hauing cast off the yoak of obedience which before he held to the Emperour as to his Soueraigne began to take an authority to himself which neither God nor man had giuen him Hence proceeded that vsurpation of power to giue Lawes to other Pope Nicholas the first in the eight hundred and threescore yeare of Christ writeth in his Epistle to the Emperour Michael in another stile then his predecessours had vsed to write to Emperours before Among other things contained in th Epistle whereas the Emperour had written for a Clarke that had offended him and was fled to the Pope whom the Emperour required to be sent back again to Constantinople Pope Nicholas to this maketh this answere Wee haue from the great power of Peter and Paul right and power to call Clerkes from any other Diocesse if wee thinke good and to inuite them to vs. This is our right but Christian Emperours haue no right at all to make any inquisition for Monks vnlesse it be in fauour to pity them 71. Here we obserue the difference betweene the spirits of Popes in this time and the spirits of auncient Popes who held the doctrine of obedience as the Fathers then did drawing the doctrine from the Scripture and examples of Christ and his Apostles Christ when he was vniustly condemned exempted not himselfe from the punishment of the ciuill Magistrate and yet he wanted no power to haue done so if hee would These late Romane counterfait Catholiques when by their rebellious doctrine and bloudy practises they haue iustly 〈◊〉 the Magistrate against them yet forsooth will denie him authority to punish them Saint Paul teacheth Let euery soule be subiect to the higher powers S. Peter teacheth the same doctrine Submit your selues to all manner ordinance of man The Fathers receiued this doctrine from the Scriptures and preserued it faithfully in the Church Chrysostome and after him Oecumenius expounding that place of ' Paul say thus Omnem animam instruens siue Sacerdos sit quispiam siue monachus siue Apostolus vt Magistratibus subdatur nam haec subiectio non euertit pietâ—…tem A learned man of late which also was Pope speaking of these words Omnis anima subdita sic c. saith Nec animam Papaeexcipit So doth God sometimes draw testimonies for the truth out of the mouthes of them that oppugne it The auncients helde this truth vp in great sincerity Gregory Nazianzen saith Homines cuncti c. All men are ordered in subiection vnder the higher powers Hee that saith all men includeth the Pope and his Clarkes Augustine saith Generale pactum est societatis humanae obedire gregibus suis. Leo the first saith Ad imperialem pertinet potestatem vâ—… perturbatores Ecclesiae pacis reipub quae Christianis principibus merito gloriatur inimici sollicitius comprimantur These troublers of the peace of the Church and state of whom he speaketh were Clergy men For in that Epistle Leo writeth against certaine of the Clergy who embraced the errour of Eutyches Then in the time of Pope Leo this was not the doctrine of the Church of Rome which now these Romane Libertines haue brought in Gregory the first writeth to the same purpose Potestas super omnes homines dominorum meorum pietaticaelitus data est vt qui bona appetâ—…nt adiâ—…uentur vt caelorum via largius pateat vt terrestre Regnum coelesti Regnofamuletur In the same Epistle he induceth Christ thus speaking to the Emperour Sacerdotes meos tuae manui commisi Then Gregory knew no other doctrine but that Priests were subiect by Christ subiected to the Magistrate And whereas the Emperour commanded a law to be executed which Gregory misliked hee writeth thus to the Emperor Ego quideÌ„ iussioni tuae subiectus eandem legem per diuersas terrarum partes transmitti feci That is I being subiect to your coÌ„mand haue caused that law to be sent to diuers Prouinces but because the law consenteth not with the law of Almighty God behold I haue signified the same by my letters to your most excellent Lordship so that on both parts I haue payed what I ought for I haue yeelded obedience to the Emperor haue not coÌ„cealed what I thought for God Then Gregory knew no exemption he accounteth himselfe among them that owe subiection and obedience to Emperors 72. Concerning the punishment of Heretiques Schismatiques that were criminous there was no other means knowne in S. Augustines time then the coactiue power of the ciuil Magistrate For thus he saith Si nec hoc volunt Donatistae c. If the Donatists will not grant this power to the Emperour why doe they acknowledge the force of the Lawes to be iustly executed against other malefactors and deny the same to be done against hereticks and Schismaticks seeing by the Apostolicall authority they are all alike numbred with the same fruits of iniquity Must not these humane ordinaÌ„ces regard such things Why then doth he beare the sword c. Thus saith Augustine And in the same place he declareth that there is one law imperial general against all that professe theÌ„selues Christians but are not true Catholicks but keep priuate conuenticles that either he that ordaineth such a Clerke or the Clerke so ordained should loose
ten pounds of gold the place where such conuenticles were kept should be forfeited to the Emperors Exchequer And againe he saith thus Mâ—…rantur quia coÌ„mouentur potestates Christianae aduersus detestaÌ„dos dissipatores Ecclesiae Si noÌ„ ergo mouerentur quomodo redderent rationeÌ„ de Imperio suo Deo And much more he saith to this purpose FroÌ„ these few places of August we obserue First that in his time there was no doubt made among Catholicks but that the Magistrate should punish criminous Clarks by his coactiâ—…e power Otherwise they could not reÌ„der to God an account of their gouernment which standeth full against the doctrine of the present court of Rome 2. That they who first sought priuiledges exemptions from the sword of the Magistrate were Donatists wherein the Court of Rome succeedeth them taking other errours from other filthie heretiques and this from the Donatists 73. This was the auncient Doctrine but now at Rome they teach the contrary Bellarmine saith that such Clerkes as are within the Dominions of any King are not subiects to that King meaning that they are the Popes subiects and therefore not the Kings He saith also that Clerkes owe no obedience to Kings neither by Gods law nor mans Non sunt amplius Reges Clericorum superiores proinde non tenentur iure Diuino nec humano eis parere nisi quantum ad leges directinas That is Kings are not now any more Soueraignes of Clerkes and therefore Clerkes are not bound to obey them by Gods Lawe or mans law vnlesse it be in respect of lawes directiue What his meaning is by lawes directiue he expoundeth thus That Princes haue no coactiue power ouer the Clergie but onely power directiue If the Prince direct some things for the good of the Common-wealth Clerkes saith he are to obey such directions but he addeth Nec volumus dicere his legibus teneri Clericos obligatione coactiua sed solum directiua vt sunt leges principum quanquam ijsdem legibus vt ab Eeclesia approbantur rataehabentur etiam coactiua obligatione teneantur Wee graunt not saith he that Clerkes are bound by these lawes of Princes in a bond coactiue but onely directiue as they are lawes of Princes Albeit the same Lawes being approoued and ratified by the Church bindeth Clerkes in a bond coactiue By this new and admirable doctrine Princes hane no coactiue power ouer their Clergy but the Church hath coactiue power ouer them by the Church he meaneth the Pope here and therefore comparing the lawes of Princes with the Popes Canon lawes he saith Legi Canonicae etiam in causis criminalibus câ—…dere debet lex imperialis That is The imperiall law ought in matters criminall to giue place to the Canon law by which doctrine we finde that they tread the pathes and fil vp the measure of their forefathers the olde Friars maintaining that which Iohn Wiclife obserueth was first begunne by Friars that the King was not Lord of the Clergie but the Pope was their Lord. Thus a new King is raised vp ouer the Popes Clerkes and the Scripture is verified which saith And they haue a King ouer them which is the Angell of the bottomlesse pit whose name in Hebrew is Abaddon and in Greeke he is named Apollyon 74. The Laterane Councel was held in the yeare one thousand twoâ—…hundred and fifteene It is decreed in the same Councell That Heretickes being condemned should be deliuered ouer to the secular power from which time these pretended priuiledges haue growen so great and swollen vp so bigge that not being able to holde together they are burst in the midst hauing drawne vpon themselues the iust vengeance of God and of Magistrates so procuring their owne ruine But because Bellarmine cyteth a few testimonies to prooue the exemption of Clerks from secular iudgements we may first breefly examine them and so proceede Hee cyteth thus Concil Mileuitan Can. 13. Matiscon Can. 8. These places he quoteth producing no words He cyteth also other places thus Sulpitius lib. 2. Sacrae histor refert â—… Martinum aliquando dixisse nouum esse inauditum nefas vt causam Ecclesiae iudex saeculi iudicaret Item Ambrosius Epist. 78. ad Theophilum et August Epist. 162. These places are cyted or quoted by Bellarmine barely without the Authours wordes We answere in a word All this toucheth nothing our question of exempting criminous Clerkes from temporall Courts for these places speake not one word of this thing 75. The first place Concil Mileuit can 13. to preuent such busie fellowes of the Clergy which caried their causes to Rome as then some did ordeyned that euery Clerke should be gouerned by his owne Superiour What is this to the purpose This is all which that Canon saith The next Canon of the Matiscon Councell saith that if one Clerke had a matter against another Clerke he should not complaine to the secular Iudge but to the Bishoppe This maketh as little to the purpose Afterward he citeth for exemption from punishment these places 〈◊〉 Chalced. can 9. Si Clericus aduersus Clericum habet negotium non relinquat EpiscopuÌ„ suum ad saecularia iuaicia non recâ—…rrat c. Concil Agathens can 32. Clericum nullus praesumat apud saecularem iudicem Episcopo non permittente pulsare c. Concil Carthag 3 can 9. â—…oletan 3. can 13. Matiscon cap. 8. These testimonies speake as little for him as the other The 9. Canon of the Chalced. Councell speaketh not of the immunities of criminous Clerkes but onely prescribeth how one Clerke should accuse another before the Bishoppe and not before the ciuill Iudge And this is the purpose of all the other places cytâ—…d out of Concil Agathens Cartbag Toletan and Matiscon all speake of one thing Onely here one part of their knowne knauery is to be opened for he cyteth Concil Agathens can 32. thus Clericum nullus praesumat apudsaecularem iudicem Episcopo non permittente pulsare Marke good Reader a worke of darkenesse an example of Romish impudency by true sound and vnsuspected Recordes these priuiledges which now are in question betweene vs cannot be proued to haue beene established of old or to haue any testimonie of antiquity but by vertue of their expurgatoriall tables they are able to shew vs this auncient Canon of the Councell of Agatha corrupted by themselues For the Canon which Bellarmine cyteth of this Councell and the masked Romish Catholicke Diuine taketh from Bellarmine in some later Editions hath these wordes as they are cyted by him but in the first incorrupt Edition of Councels set forth by Peter Crab the wordes of that Canon are thus set downe Clericus nec quenquam praesumat apud saecularem iudicem Episcopo non permitente pulsare And thus it is read by them that aunciently cyte the same Now this agreeth well with the ninth Canon of the Chalced Councell which ordeyneth that if one Clerke will accuse another
Now this is the crueltie of our Lord the King that is so much spoken of through the world against the Church this is that persecution that he raiseth Then it is an auncient complaint of these Romish Catholickes to call the iust lawfull godly and necessary execution of iustice crueltie and persecution this complaint hath beene euer since continued by them and most of all where there is least cause euen in the milde and mercifull gouernement of the late Queene of famous memory What crueltie did they impute to her What persecution to her Gouernement When they are not able to proue that one man was executed for Religion but for treason Which was so much the more dangerous because it was masked with the visard of Religion but Religion is not nor euer was the cause why our Kings punished the Popes Clerkes but onely Iurisdiction For when the Pope will stretch his Iurisdiction so farre as to include coactiue power and to exclude Kings from the gouernement of their Subiects drawing the Clergie from the obedience of their Kings to the obedience and subiection of the Pope drawing the subiects of other Kings vnder his subiection by an Oath of Allegiance and hereupon perswading al that will hearken to him that they may not yeelde an Oath of Alleageance to their owne Princes the Popes Iurisdiction being drawne to these points as now by the confession of themselues they are the question betweene the Pope and Christian Princes is not of Religion but of Iurisdiction of ciuill and coactiue Iurisdiction and the summe of all is this Whether the Princes of Christendome shall be free Princes or the Popes Vassals 82. By this which we haue declared we see the cause of our Kings iustified against the Archbishoppe and the exemption of Clerkes for which the Archbishoppe stroue and which since that time is claimed to be an especiall priuilege of that Church to be condemned by the chiefe of the Clergy by all the Bishops of that Prouince and that euen to the Pope himselfe Which thing the Bishoppes of the English Church would neuer haue done vnlesse they had beene well assured that the Kings cause was good and that the contrary opinion was a pernicious nouelty a late vpstart deuice in the Church But howsoeuer the Popes Clerkes pretended their new forged priuiledges yet the Kings of this land held still their olde course in the auncient manner of execution of iustice against them that offended And therefore Henry the second by law commaunded as Houeden saith that the Bishoppes of London and Norwich should be summoned that they might be before the Kings Iustices to answere for that they against the statutes of the kingdome did interdict the land of the Earle Hugh 83. This exemption of Clarks was a new practise in the time of Marsilius of Padua and not so new as pestiferous occasioning the ruine of States and being as a furie sent abroad from hell to disorder all gouernment For thus he complaineth of it Quibus non contenti sed saecularium contra Christi Apostolorum praeceptum appetentes fastigia in legum Lationes seorsum ab ijs quae Ciuium vniuersitatis sunt proruperuut Omnem clerum ab his decernentes exemptum ciuile sâ—…hisma principatuum supremoruÌ„ pluralitatâ—…m inducentes ex ipsis c. Haec pestilentiae Italici regni radix est origo ex qua cuncta scandala germinauerunt prodeunt qua stante nunquaÌ„ ciuiles ibidem cessabunt discordiae c. That is Not content herewith they the Popes seeking the honour of secular gouernement against the commandement of Christ and his Apostles haue taken vpon them the ordaining of Lawes and Canons other then such as serue for the common good They decree that all the Clergie are exempt from temporall Princes heereby inducing a pluralitie of Soueraignties c. This is the roote and spring of the pestilence of the Empire from whence all scandals grow and which standing ciuill discord shall neuer haue an end c. Thus were these exemptions then found and acknowledged to be the pestilence and ruine of all states especially of the Empire And his reason is well to be obserued because saith he it bringeth in Pluralitatem supremorum principatuum quam velut impossibilem humanae quieti demonstrauimus he proueth the plurality of Soueraignty a thing impossible to stand with the quiet and peaceable Gouernement of the world Now this exemption must eyther induce a plurality of Soueraignties when the Pope is one Soueraigne and the Prince another which is impossible in nature saith Marsilius or else it denieth the Kings Soueraignty to establish the Popes which thing can neuer bee indured by any Prince §. VI. Of the Popes power in giuing lawes 84. ANother thing whereby this new Iurisdiction of the Pope was so highly aduanced was giuing of Lawes to Princes and their subiects whereas before Princes had giuen lawes to him Marsilius in the wordes last cyted in the end of the last Paragraffe speaking of these laws saith They now break out into a practise of Iurisdiction taking vpon them to make lawes separat and distinct from such lawes as are for the common and publique good of all meaning the Canon lawes which because they intend onely the priuate aduancement of the Pope and not the publique good of the Church being also made onely by the authority of the Pope and not by the publique consent of the Church therefore he doth not account them lawes but Oligarchicall and tyrannicall Decrees these lawes are to be considered because they make so great a shew of the Popes Iurisdiction 85. The Church before was gouerned by Bishoppes and Metropolitanes in such order that the affaires of euery particular Diocesse were ordered by the Bishoppe or by a Synode of his calling the affaires of the Prouince were determined by the Metropolitane or by a Prouinciall Synode of his calling from an Episcopall Synode a man might appeale to a prouinciall Synode and from a Prouinciall Synode to a nationall but from a prouinciall or from a nationall Synode none might appeale to the Bishoppe of Rome for which thing diuers Decrees were made in prouinciall Synodes as we haue before declared As the Bishoppes were Gouernours so the lawes whereby they did then gouerne the Church were the Canons of auncient Councels especially of those foure most famous Councels of Nice Constantinople Ephesus and Chalcedon For that the Canons of these Councels were held for the lawes of the Church it appeareth by a Constitution of Iustinian extant in the fift Synode held at Constantinople wherein Iustinian the Emperour declareth that Aâ—…thimus was deposed from the Bishoprike of Constantinople by Pope Agapetus and a whole Synode with him consenting for that he had departed from the doctrines of those foure holy Synodes the Nicen the Constantinopolitan the Ephesian and the Chalcedonian The Emperor also declareth that he being deposed by the Church should be banished by him ioyning his
for the better effecting of it it was thought fit expedient to raise vp new Sects of Friars which might be wholly at the deuotion and direction of the Pope to dissolue the discipline of the Church to mollifie and corrupt the auncient rigour of Bishops to alter the auncient doctrines and bend them to the Popes purposes and to be resolute and desperate Ministers for establishing the Popes authority and Iurisdiction oueâ—… Kings though it were to the wrack and common disordering of Christendome For these purposes were Friars established at this time And they wrought effectually to these ends For the grauity integrity true honor courage constancy and â—…eputation of Bishops was neuer vtterly ouerthrowne till Friars became Bishoppes then came these corruptions into Bishops Courts Then and neuer before came in these sordidous censures to punish sinne with pecuniary mulcts in Bishops Courts as Iâ—…hn Wiclif doth witnesse then and by them crept in the great corruptions of doctrine And because when the Pope had excommunicated and deposed Princes the Bishops in former times were not onely cold in executing the Popes fury but sometimes withstoode those attempts as new rash and bloudy the Friars were câ—…eated to bee the firebrandes of Christendome for all the Popes furious enterprises 127. The first seruice which the Friars did performe to the Pope was in the execution of his excommunication against the Earle of Tholouse The manner thereof by Mathew Paris and other Writers is described thus Raimundus Earle of Tholouse was much enuied by the Pope for fauouring them who then were called Aâ—…bigenses The Pope without examination of his cause without iudiciall proceeding against the Earle excommunicated him and gaue his lands to Simon Montford Which gift when Simon claimed in a parly before the Popes Legate the Earle defended his right and entreated the Cardinall the Popes Legat to come to his Cities And if hee found any that held any erroneous point of doctrine he promised it should be reformed And hâ—…rein the Earle promised his best helpe and assistance to the Cardinall So confident was the Earle knowing that no errour in doctrine could be found in his people knowing also that the quarrell was not then for doctrine but onely for Iurisdiction And this thing the Cardinall well vnderstanding would not make any examination of thâ—…ir Doctrines Onely it was concluded that the Earle and his people must be vndone and no other agreement might be admitted but this that the Earle must depart from his inheritance and suffer his people to be at the Popes pleasure The Legat hauing a purpose to raise great summes of money through Fraunce for this seruice applied that businesse and in the meane time this new generation of Friars were sent and dispersed in euery corner of France to incite men to take the Crosse and fight against the Albigenses 128. But especially and aboue all other the new start-vp S. Dâ—…inick was a man of great vse imployment in this seruice He went like a fire-brand through France and stirred vp both Princes and people to take the Crosse and to fight against the Earle and his people as against Turks Saracines The French King himselfe tooke the Crosse. The King and the Cardinall raised an Army of fifty thousand fighting men besides Wagganers Victualers c. And came before Auinion the Earles chiefe City In the siege there were two and twenty thousand of French slaine and drowned the Citizens valiantly defending the City In the meane time King Philip died and King Lewes who succeeded him died also in the Camp before Auinion The Cardinall perceiuing that the City was so well defended that all the losse fell on the besiegers seeing that by direct meanes he could not preuaile he put of the Lyons skinne and put on the skinne of the Fox and so preuailed by falshood in the end For he tooke a solemne Oath that if the people would let him in and the Bishops who were with him they would onely examine them of their faith and Religion and would attempt no other thing The people being well assured that for matters of faith and Religion nothing could be found against them assented to the motion of the Cardinall Whereupon the gates were set open to the Cardinall and so the City was betrayed For with the Cardinall and Bishops the French Souldiers thrust in and tooke the City By this meanes was Auinion brought first vnder the Popes yoakâ—… and made afterward the chiefe City of his residence for a time For Clement the fift in the yeare one thousand three hundred and fiue translâ—…ted the Popes seate to Auinion from Rome where it remained for the space of threescoâ—… and fourteene yeares 129. Though afterward the Earle repairing his Armie gaue the French diuers ouerthrowes yet could he neuer recouer this great losse Fasciculus Temporum witnesseth that because tho Albigenses were ouerthrowne by them that bare the Crosse therefore the Pope instituted a new Order of Friars called Crâ—…ciferi In all this action the industry and valour of Doâ—…nick is much celebrated by the Stories of this time the whole praise of this ouerthrow is attributed to him Of him Platinâ—… witnesseth thus much Quos Albingâ—…nses Dominicus 〈◊〉 â—…ritate compescuit adiuâ—…ante etiam Siâ—…one Montiforti non enim disputationibus verum armis opus fuit adeo 〈◊〉 tâ—…nia haeresis That is Dominick did tame the Albingenfes in a marueilous short time by meanes of the Armie which Siâ—…on Mâ—…ford brought For that heresie was so rooted that there was no vse of Disputation but of armed prouision against them Then we see that the first Order and Institution of Friars was founded in blood and treacherous practises against the State of Princes that withstood the Popes Iurisdiction And herein the Popes end may appeare in aduancing Friars not by disputations to search out a truth but by force and armes to oppresse the Popes aduersaries and so to fill Christendome full of blood and rebellions Conradus and Mamphred Kings of Sicily 130. THe next Prince that felt the stroake of the Popes Tâ—…derbolt was Mamphred King of Sicily Sicily with Naples being the auncient right of the Empire the Popes hauing gotten so much of that which before was the Emperours were desirous to haue this also to helpe the patrimonie of poore Sainâ—… Pâ—…ter After the fall of the Empire the Moores had taken Apulîa and Sicily and held those lâ—…ndes by force vntill one Robert Guiscard comming out of Fraunce with an Army draue out the Moores and first wonne the Dominion of Apulia and after in like sort of Sicily The Kingdome of Sicily he gaue to his brother Roger Rogâ—…r left it to William These men possessed it by the right of Conquest driuing thence the and Infidels But the Pope hauing no other Title but because he must succeede the Emperor in Italy first excommucated and deposed William After this Otho the fourth whom the Pope raised vp in rebellion against Philip got the
said Pope had annihilated the Emperours Election and that therefore the Emperor had no right to administer the imperiall lawes but that this administration belonged by right to the Pope To this the Emperour answereth That this standeth against the liberties of the Empire and against the liberties of them that are Electors against the lawes and liberties of all the Princes and subiects of Germany 144. And whereas thirdly the Pope obiecteth that he hath excommunicated all that shall adhaere performe obedience and reuerence to the Emperour and saith that the iudgement of the Pastor whether it be iust or vniust is to be obserued To this the Emperor answereth That these denunciations are of none effect for it is a rule that if a Prelat in commaunding or forbidding shall not keepe the forme prescribed by the Canons they who disobey him doe not incurre the sentence of excommunication Now the Canons and the Church doe take from the Pope power in temporalities which power Iohn the two and twentieth vsurpeth this is one of those cases wherein the sentence of a Prelat is not to be feared Another reason is because by law that sentence is of no force where there is an expresse errour in the sentence as if a subiect should be commanded not to obey his Superiour or if something should be commaunded against God or against holy Scripture Now it is manifest that Iohn the two and twentieth hath commaunded the subiects of the Empire not to obey vs whom they are bound to obey by the lawes of God and man Another reason is because it is a thing confessed that the sentence which is giuen after a lawfull appeale is void and of no strength but it is well knowne that from Iohn the two and twentieth and his Processes against God and iustice we appealed to a generall Councell and to the holy Catholicke Church which appellation was brought to the knowledge of the said Iohn before he published Excommunication against them that fauour vs. 145. If it be said the Pope hath no Superiour and therefore no man may appeale from him To this the Emperour answereth thus It is manifest by the Catholicke doctrine that the Pope in matters of faith is subiect to Councels 16. dist sicut in tex in Gloss. 25. q. 2. sunt quidam 19. di Anastasius 40. di Si Papa Moreouer in matters of diuine right a Councell is aboue the Pope Thus then we haue appealed to a Superiour that is to a generall Councell against our aduersaries who impugne vs the Empire the Catholicke faith which the holy Church of Rome handleth This is the summe of that Decree which the Emperour published against the Pope it was dated at Franckfort the eighth of August Anno one thousand three hundred thirty and eight The processe of this worthy Prince giueth vs occasion to consider some things which declare the sense iudgement and Religion of the Ghurch of Rome at this time By the Church of Rome I vnderstand these Westerne parts of Christendome for so I find it tearmed heere and other-where separate and distinct from the Pope 146. For first by this appeale from the Pope to a generall Councell we finde that it was the iudgement and common receiued sentence of that age that a general Councel is aboue the Pope may iudge the Pope censure and depose him this is here declared and confirmed this was not onely the doctrine of the Church then but long after it continued and was neuer denied by the Church of Rome before the Councell of Trent as hereafter we shall declare Moreouer we finde a distinction obserued by the learned men that held this Assembly that is by the Prelates of the Empire for so the Decree runneth De concilio ac assensu Praelatorum omnium c. And many other learned men of Christendome yea many Friars which were here assembled especially the Minorites who were then oppressed by the Pope The distinction I say betweene the Pope and his flatterers on the one side and the Church of Rome on the other side For the Emperour appealeth from the Pope to the Church and this was a practise vsed by diuers as hereafter we shall obserue Then the Pope and his flatterers did not represent the Church of Rome as now they pretend to doe Againe wee obserue that the Emperour being defamed for heresie and appealing to a generall Councell as he denieth the Pope to be his Iudge so he refuseth not to be iudged by the Church for as S. Ambrose saith Imperator intra Ecclesiam non supra Ecclesiam est Then the authority of the Church bindeth the greatest members thereof euen Kings and Emperours If our aduersaries obiect against vs and our Church why then doe you giue to the King the Title of supreame head or Gouernour of the Church We answere such obiections proceede from an obstinate and wilfull ignorance in mistaking of our doctrine For when the question is of Iurisdiction externall coactiue wee giue to the King the place of a supreame Iudge but if the question bee of faith and Religion we say the King is no Iudge but to be iudged by the Church as we see godly Princes haue beene and namely this worthy Prince Lodouicke who being accused of heresie by the Pope appealeth to the Church 147. Last of all we obserue in the sense and iudgement of this Emperour and of the learned men that were assembled with him that in the point of Iurisdiction no such thing is left to the Pope as he claimeth For in matters of faith the Iurisdiction is in the Church as here it is acknowledged in matters of coactiue power the Iurisdiction is in the Emperor as all these learned men did yeelde in this Councell and after the Councell did maintaine by their writings For wee finde the same trueth maintained by William Ockham Marsilius Patauinus Michael Caesina and many moe who with great courage and learning did maintaine the Emperours Iurisdiction heerein against the Popes vsurpation This wisedome and moderation of the Emperour in defending his right not onely by force of Armes but by learning and iudgement moued the Pope who succeeded Iohn the two twentieth that is Benedict the twelfth in spite of malice to giue him many hoâ—…orable testimonies to promise to restore him by absolâ—… agâ—…ine to this place But the Pope did but fraudulently put him off from day to day which thing when the Emperour perceiued he called a Diet of the Empire at Rensium where he did with that wisedome courtesie and liberality binde the Princes Electours to him that they tooke a solemne Oath to maintaine the liberties of the Empire and decreede that all the processes of Iohn once Pope against Lodâ—…uick were of no force and that the Pope ought not to attempt such things against the Emperour seeing their Iurisdictions were so much distinct 148. Clement the sixth sucoeeded Benedict the twelfth this Clement falling into deeper fits of rage against the Emperour then his Predecessours
personis id intelligendum est non de vniuersali Ecclesia quae saepe obedientiam iustis de causis Romanis Pontificibus subiraxit vt Marcellino Anastasio Liberio Ioha 12. Benedict 9. Benedicto 13. Iohanni 23. That is That is to be vnderstood of particular Churches persons not of the Vniuersall Church which many times vpon iust occasions hath withdrawen obedience from the Bishops of Rome as for example from Marcellinus Anastasius Liberius Iohn the twelfth Benedict the ninth Benedict the thirteenth Iohn the twentie three They haue in like sort concluded that the Popes Gouernment in the Church is to be admitted not that he rule at his pleasure but according to the doctrine of Saint Peter Ut ipse Ecclesiam Dei salubriter regat non quidem vt pro libito voluntatis suae cuncta peragere velit spreâ—…is canonibus sacrorum conciliorum sed iuxta beatiss Petrâ—… doctrinam sic regat non vt dominans in clero sed vt formafactus gregis Romanus enim Pontifex est vniuersalis Ecclesiae minister non Dominus That is That he may soundly rule the Church of God not that he should doe all things according to the lust of his owne will reiecting the Canons of holy Councels but according to the doctrine of Saint Peter let him so rule not as a lord ouer the Lords inheritance but as examples to their flockes for the Bishop of Rome is the Minister of the Vniuersall Church and not the Lord. They haue concluded that if this Iurisdiction bee graunted to the Pope which he claimeth aâ—…d which his flatterers pretend for him that by this meanes the way is laid wide open for Antichrist Aperite oculos videte qualis ex hoc daretur ingressus Antichristo That is Open your eyes and behold what an entrance by this meanes would be made for Antichrist So that they who yeeld any authoritie and reuerence to these Councels must needs acknowledge that the Popes Iurisdiction is laid downe in the dust 47. Now let Bellarmine come with his fine distinctions and tell vs that these Councels are partly confirmed partly reiocted partim confirmata partim reprobata these be pleasant heads that can take of these Councels what pleaseth them and reiect all that is against them but let them collude with their owne consciences as they list they are not able to answere that which we vrge or any way to shift vs off for wee doe not vrge these conclusions as decrees of Councels though against them they may iustly stand for such but wee doe not produce them to that end but onely to declare the religion sense and iudgement of Christendome what it was at this time and before what was the doctrine of the Church concerning Iurisdiction What the wisest the most learned and best men in Christendome then taught What was the iudgement of the Church of Rome then This is euidently declared by these Councels and that we may vrge no more but this by this wee haue enough to proue that the Church of Rome then stood fully against the Popes Iurisdiction If they tell vs that Eugenius and they who followed him was the Church and not these that were gathered in Basil I aunswere this doth more and more confirme that which I haue obserued betweene the Church of Rome on the one side and the Pope with his flatterers on the other side who albeit they haue gotten the vpper hand by force and fraud yet let them know the basenesse of their birth and progeny they are but a late vpstart generation beginning when Friars began lifted vp by the winde which themselues did raise for increasing the Popes pride crossed and contradicted yea refuted and condemned by the learned and godly that liued in the Church of Rome neuer fully preuailing before the Councell of Trent Then let them not demaund of vs such fâ—…iuolous questions where was our Church before M. Luther for we are able to shew both our Church and their Church the antiquitie and not interrupted continuance of the one and the base vpstart and late rising of the other §. V. Iohn Gerson 48. HAuing thus farre declared the iudgement of the Church of Rome assembled in diuers Councels now let vs consider how in particular the learned men of these ages stood affected in this question and who they were that tooke part with these Councels to aduance the authoritie of the Church aboue the Pope for they who followed the Pope in this faction were onely Friars and flatterers but on the other side were these as then the great lights of Christendome for learning that I may of many remember a few 49. First Iohn Gerson a man of great authoritie in the Councell of Constance who hath written diuers bookes wherein he preferreth the authority of a Councell before the Popes authoritie and speaketh much otherwise of Iurisdiction then the Court of Rome vseth now to speake His booke De potestate Ecclesiastica was pronounced and approued in the Councell of Constance in the yeere of Christ one thousand foure hundred and seuenteene as in the end thereof appeareth from whence I will obserue some things declaring his iudgement in our question of Iurisdiction First he describeth that spirituall power which Christ hath left to his Church thus Potestas Ecclesiastica est potestas quae à Christo supernatur aliter specialiter collata est suis Apostolis discipulis ac eoruÌ„ successoribus legitimis vsque ad fineÌ„ saeculâ—… â—…d aedificationeÌ„ Ecclesiae militantis secunduÌ„ leges Euangelicas pro 〈◊〉 faelicitatis aeternae That is Ecclesiasticall power is a power supernaturally especially giuen by Christ to his Apostles and Disciples and their lawfull successors vnto the end of the world for the edification of the Church Militant according to the Euangelicall lawes for the obteining of eternall life This power we acknowledge with Gerson nay with all the auncients who speake no otherwise of the power which Christ hath committed to his Church But then we wish that our aduersaries might vnderstand how they wander in ignorance and confusion confounding this power which is spirituall executed secundum leges Euangelicas with that power which is coactiue and executed secundum leges Canonicas It is their common manner to confound these things and thereby to perplexe themselues and their readers but of all that euer I read he surpasseth who calleth himselfe the Catholike diuine for confused vnlearned handling of these things Then the power which Christ left to his Church is practised secundum leges Euangelicas this is the true power of the Church But our question hath beene altogether of Iurisdiction coactiue executed not secundum leges Euangelicas therefore not giuen by Christ to his Church but belonging to such lawes to whom all coactâ—…ue power peculiarly belongeth 50. Of this coactiue power the same Gerson saith thus Potestas Ecclesiastica Iurisdictionis in foro exteriori est potest as Ecclesiastica
the world liueth more miserably then the Pope that to be a Pope is to succeed Romulus in Parricide not Peter in feeding that no Pope can bee saued when all this is proued by the Church of Rome confessed by Popes themselues after all this to say the Pope cannot erre is nothing but collusion No man can be drawen to such an opinion by conscience but by such worldly respects as doe binde and blinde and lay waste the conscience of them that will not loue the truth 64. 〈◊〉 Siluius proceedeth and out of S. Hierome expounding those word pâ—…rtas inferi the gates of hell he proueth that they are to be vnderstood of sinnes And declareth that great sinnes and malignant spirits cannot preuaile against the Church Quod de Rom. Pontisice saith he qui homo est nemo dixerit nec illis praestemus aures qui illa verba Christi â—…raui pro te Petre ne deficiat fides tua nolunt ad Ecclesiam referri That is Which thing no man can say of the B. of Rome who is a man neither are we to hearkeÌ„ to theÌ„ who will not haue those words of Christ vnderstood as spoken to the Church when he saith Peter I haue prayed for thee that thy faith failenot Where he proueth out of S. Augustine that those words are to be referred to the Church And that they cannot be vnderstood oâ—… the Bishops of Rome he is resolued giueth such reasons as may resolue any other that will not wilfully blindfold himselfe as many do that the blind doctrine of Iesuits may work more powerfully in them For saith he Romani Episcopi aut haeretici aut infecti vitijs sunt reperti That is The Bishops of Rome haue bin found either Hereticks or vicious men And concerning this Iurisdiction he saith Omnis anima potest atibus sublimioribus subdita sit nec excipit animam Papae That is The Apostle saith let euery soule be subiect to the higher powers hee excepteth not the soule of a Pope And again Maximè Rom. Pontisicem subiectuÌ„ Ecclesiae verba Christi ostendâ—…nt quum PetruÌ„ futurum Papam ad Ecclesiam remittat dic Ecclesiae And afterward Si haeretiâ—…us est qui Romanae Eocle siae primatum aufert c. quanto magis haereticus erit qui Ecclesiae detrahitâ—… qua Romana omnes aliae continentur In which words we find that by the Church of Rome he vnderstandeth not the Catholicke Church dispersed ouer the world but only a particular Church among many other hauing only in his iudgment this priuiledge that in respect of other Churches it had a Primacy This he saith not for the Pope but for the Church of Rome which Church he holdeth but a part of the Catholick Church For if we vnderstand the Church of Rome that particular Church which of old hath bin gouerned by the Romane Bishops this is but a particular Church of this particular the B. of Rome is the chiefe head inspirituall matters But if by the Church of Rome we vnderstand an aâ—…sembly or vnited consent of these westerne Churches among which the Church of Rome hath bin honored as a Mother Church in which respect all these Churches as they are vnited are sometimes called the Romane Church In which sense also I find that distinctioÌ„ obserued between the Church of Rome the court of Rome In this sense the particular Church of Rome is vnderstood a part and member of this and the Pope hath alwayes beene vnderstood as subiect to this Church and not aboue it 65. Now that distinction which before wee haue obserued betweene the Church of Rome on the one side and the Pope with his flatterers on the other side is noted also by the same Author For of the Church he saith thus Opiniâ—… omnium mortuorum est si opinio vocari debet quae idoneis confirmatur authoritatibus quia Rom. Pontifex vniuersali 〈◊〉 subiectus existâ—… That is It is the opinion of all that are dead before vs if it may be called an opinion which is confirmed by such pregnant authorities that the Pope is subiect to the vniuersall Church In which words he declareth the iudgement of the Church which was before his time But speaking of the Pope with his flatterers he saith Sunt aliqui siue auids gloriae fiue quod 〈◊〉 praemia exspectent qui perigrinas quasdam omnino nouas praedicare doctrinas caeperunt ipsumque summum Pontificem ex Iurisdictione sacri concily demere non vâ—…rentur excaecauit â—…os ambitio That is There be some who either because they are greedy of glorie or because by flatterie they hope for rewards begin to preach certaine straunge and altogether new doctrines they are not afraid to exempt the Pope out of the Iurisdiction of an holy Councell ambition hath blinded them This is the religion which the Iesuites would make so auncient heere is their high antiquitie In the time of Aenaeas 〈◊〉 who wrote in the yeere one thousand foure hundred and fiftie their religion is called an absurd a new and a straunge doctrine herein Siluius is a witnesse without exception for so much of their religion as concerneth the Papall Iurisdiction which is in summe all the religion of the Iesuites When thus it is marked and marked by a Pope their mouthes are stopped for euer For he doth deliuer the sense iudgement and religion of the Church in his time faithfully and freely against which testimonie no exception can be taken 66. And that these men that haue brought in this newe straunge monstrous religion may be throughly knowen and no doubt or scruple left behinde hee describeth them thus Alius dicit quod primam sedem nemo iâ—…dicabit quod 〈◊〉 〈◊〉 Augusto neque ab omni clero nec à regibus c. iudicars valeat 〈◊〉 â—…ere non veretur Rom. PontificeÌ„ quamuis animas 〈◊〉 〈◊〉 ad inferos trahat nullius reprehensioni fore subiâ—…ctum Nec considerant miseri quia quâ—… praedicant tantopere verba aut ipsaâ—… summorum Pontificum sunt suas fimbriâ—…s extendentium aut eorum quieis adulabaâ—…tur That is One saith that no man may iudge the first sea that he may not be iudged either of the Emperour nor by all the Clergie nor by Kings c. Another is not ashamed to affirme that though the Pope should draw innumerable soules with himselfe to hell yet no man ought to reprooue him Neither doe these wretches consider that these doctrines which thus they would aduâ—…nce are either the wordes of the Popes themselues inlarging their fringes or the words of their flatterers Then in his iudgement it is cleere that the Church on the one side held the truth euen till his time in this point of Iurisdiction and on the other side the Pope and his flatterers maintained as he calleth them new and straunge doctrines of Iurisdiction It is well to be obserued that 〈◊〉 Siluiâ—… before he was Pope could so freely condemne this Papall
Iurisdion And was hee trow you a Lutheran verily so was the Church in his time for he doth deliuer not so much his owne priuate iudgement as the iudgement of the Church in his time and in the times before him For he saith it was the iudgement of all that liued and died in the Church before him 〈◊〉 mortuoruâ—… that the Pope is to be iudged by the Church by a Councell and that therefore the Councell is aboue the Pope This faith he is the opinion of all that liued and died in the Church And yet hee knew well that Friars and flatterers had before his time maintained the contrary but these he regarded not because the Church then regarded them not they were but of base and vile accompt in respect of the Church and so much the more vile because against the iudgement of the auncient Church against the rules of interpretation against honestie and conscience they had drawen some textes of Scripture to maintaine this Papal Iurisdiction These are they whom these learned men call 〈◊〉 miserable and wretched soules who will not vnderstand that all this which they bring for the Popes Iurisdiction is nothing but the vain words of the Popes themselues or of their flatterers 67. Now seeing the Pope with his flatterers hath much preuailed since this time against the expectation of these learned men must we not conclude that they haue herein made a departure from the Church that they are but flatterers who now follow the Pope that they were neuer accompted otherwise by the grauer sorâ—… of the Church of Rome that their opiâ—…ions are new and strange Thâ—…n with what countenance can the successours of Aenâ—… 〈◊〉 pâ—…t vpon vâ—… the imputation of heresie who follow the ingenuous free and sincere iudgement of the same Siluiuâ—… leauing these opinions whiâ—…h are confessed by him to be new fond straunge vnreasonable deuises of base flatterers and maintaining the 〈◊〉 truth which by the testimonie of these men alwayes continued in the Church This man with many moâ—… will be raised vp in the day of iudgement against this present generation consisting onely euen by the confession of their own Bishops Cardinals and Popes of the Pope and his flatterers forsaking the fellowship of the Church 〈◊〉 is the ground of their conscience For let me speake onely of this part of their religion which now I handle that is Iurisdiction and what ground can any man finde here whereupon he may rest his conscience Let them not bring vs an idle and impertinent discourse of their three conuersionâ—… which in good time by the grace of God will be reuâ—…rsed but let them come to the point and let them shewe in this particular what ground of conscience any man may haue to rest on for the Popes Iurisdiction which was crossed contradicted and inhibited by the auncient Fathers confuted by the learned men of the Church of Rome condemned by the Councell of the Church of Rome maintained by none â—…ut such as are thus notoriously branded with the ignominious titles of flatterers 68. And because the Pope and his flatterers for spâ—…aking of them I must vse this name and stile which so many writerâ—… of the Church of Rome haue vsed before me let â—…hem not blame me or thinke that I 〈◊〉 them I vse but the words of these other writers whom I haue cited These men I say being driuen in argument from all helpes hauing no meanes to answere the learned that disputed against them did vse to flie for helpe to these words of the Gospell Thou art Peter and to thee will I giue the keyes of the kingdome of heauen and I haue prayed for thee Peter that thy faith faile not and such like the same Author declareth that they did altogether abuse and peruert these places of Scripture against the sense of the wordes and against the expositions of the auncient doctors For thus hee saith Eâ—… quia huiusmodi dicta solutionem habent recurrunt statim ad Euangelium tu es Petrus tibi dabo claues regnicâ—…lorum rogaui pro te Petre ne deficiat fides tua duc in altum rete c. Quâ—… omâ—…ia hi homines miro modo sublimant expositionibus sanctorum doctorum omninò posthabuis That is And because these words conteining their reasons aâ—…e all answered they flie presently to the Gospell thou art Peter and to thee will I giue the keyes of the kingdome of heauen and I haue prayed for thee Peter that thy faith faile not and cast thy net into the deepe c. All which these men after a marueilous maner raise vp to extoll the Pope reiecting altogether casting behind theÌ„ the expositions of anâ—…ient doctors Then we haue one Pope full of our side for he assureth vs that this new strange wresting of these textes to aduance the Popes Iurisdiction standeth wholly against the expositions of the auncient Fathers Aenaeas Siluiuâ—… in the same booke speaketh much in the honour of the French Cardinall of Arles as an especiall admirer of his vertues Lodouicus Cardinalis Arelatensis saith he Uir omnium conâ—…tantissimus ad gubernationem generalium conciliorâ—…m natus That is A man of all other moâ—…t constant and one that was borne for the gouernment of general Councels One testimonie I would produce of this Cardinall and then wee haue three Cardinals for vs Cameracensis Cusanus Arelatensis This Cardinall in the mids of the Councell of Basil professed that the doctrine of the Popes Iurisdiction ouer generall Councels was a new doctrine and strange at that time in the Church â—…ardinalis Arelatensiâ—… saith he aiâ—… Eugenianos nuntios implesse Galliam qui 〈◊〉 doctrinam praedicantes authoritatem Romani Pontificis supra generalia concilia magnifacerent 69. After all this when we finde that Cardinall Bellarmine and the rest of the Friars and flatterers haue nothing to say for the Popes Iurisdiction but that which is condemned by these learned men as a newe and straunge doctrine in the Church haue no other reasons to maintaine this their new doctrine then the peruerting of these texts of Scriptures which distorting of Scriptures is expresly censured by the said learned men as standing against the naturall sense of the words and against the expositions of the ancient Fathers writing of those Scriptures when we find not one or two or a few but the cry of the whole Church against them who is able by any shew of learning to auoid our conclusion that they who thus maintain this Papall Iurisdiction are the followers of their forefathers that is onely Friars and flatterers And that we who denie this Papall Iurisdiction giuing to the Church on the one side and to Soueraigne Princes on the other side their proper distinct auncient rights respectiuely belonging to each of them are the followers and the children of our forefathers that is the true ancient vnchaunged Catholicke Church FINIS Iob. 7. 1. Uitruuius lib. 9. cap. 3. Caluin in Amos
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