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A35696 Jus Cæsaris et ecclesiæ vere dictæ or, A treatise wherein independency, presbytery, the power of kings, and of the church, or of the brethren in ecclesiastical concerns, government and discipline of the church : and wherein also the use of liturgies, tolleration, connivence, conventicles or private assemblies, excomminication, election of popes, bishops, priests what and whom are meant by the term church, 18 Matthew are discoursed : and how I Cor. 14. 32. generally misunderstand is rightly expounded : wherein also the popes power over princes, and the liberty of the press, are discoursed / by William Denton ... Denton, William, 1605-1691. 1681 (1681) Wing D1066; ESTC R9164 326,898 268

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done with what Right or Justice could any succeeding Popes divest them of it After this Henry being Crowned Emperor by Clement the Second Platin● in Vita Clem. 2. he caused the Romans to swear that they would not meddle at all with Elections but by the Emperors Command for that he saw the World was come to that pass that every factious Fellow were he never so base so he were Rich and Potent might corrupt their Voyces and obtain the Popedom by bribes And well he might An. 912. N. 8. for Baronius himself complains in the very preceding Century that most silthy Harlots did bear all the sway at Rome This was the time when Strumpets did thrust their Lovers into the Seat of Peter This was that time when all Canons were put to silence the Pontisical Decrees stisled the antient Traditions proscribed the old Customs sacred Rites and former use of choosing the high Bishop utterly extinguished This was the time to say nothing of Formosus Luit pr. l. ● c. 6. Sergius and others when P. John the Twelfth exceeded in all monstrous Abominations polluted his own Fathers Concubine made his Palace a Stews put out the eyes of his Godfather gelded one of his Cardinals plaid at Dice invocating Jupiter and Venus and drunk a Health to the Devil Notwithstanding all the Right of Elections inherent in Kings and Emperors as Nursing Fathers of the Church and all the Grants conferred on the Emperor by all that did or could pretend to have any power thereof as Pope Senate Clergy People who not and notwithstanding the Oath they had taken not to interpose in the Elections yet ungrateful persidious Gregory the Seventh in a Council holden An. D. 1080. he excluded all Secular Princes whatsoever from Investitures reserving Elections to the Clergy and People only and was seconded by his Successors and Vrban he deposed his own Lord and Sovereign who confirmed him in the Popedom and gave away the Empire to Rodolph a Rebel promised Forgiveness of Sins to all that obeyed him forcing him at last to redeem his Peace and rather lose Investitures than the Empire Thus the Right of Elections which was for many hundreds of Years practised by the Greek Roman and German Emperors and Ratified by Clement the Second by Leo the Eighth by Adrian the First with their several Councils and before them all by Pope Vigilius and before him by the Practice Use and Approbation of the more Antient and Purest Times was now wrested and extorted from him and them by Perjury Cursing and Banning And as they excluded the Emperor reducing Elections to the Clergy and People so afterwards they excluded the People and brought them only to the Clergy after that they excluded the Clergy and Monopolized them only to the Cardinals since which time there have been as monstrous Popes as ever were before To say nothing of the Liberties of the Gallican Church whose Kings had the Choice of Bishops almost 300 years before the Empire came to their hands nor yet with what Artifices Labour and Sweat the Pragmatical Sanction set up by Charles the Seventh was endeavoured to be made null and of no effect by P. Pius the Second in the days of Lewis and by Leo the Tenth in the Reign of Francis the First I cannot but wonder to see how tame Christian Princes have been in suffering themselves to be thus imposed upon Had they had but the Mettle of Lewis the Twelfth the French King who being Excommunicated by Julius the Second stampt his Coyn with Perdam Nomen Babylonis or had they had but the Wisdom and Courage of Hen. 8. of England or had but followed the grave Adviso●s that Theoderick of Niem gave to Rupert King of the Romans they had long since been brought to be like the rest of their Brethren good and honest Prelates faithfully labouring in Gods Vineyard without Usurping the Rights of Princes and of their Fellow-Bishops § This was so palpable and undeniable that in the very Council of Trent it was urged by Thomas Passio a Cannon of Valentia That it was very plain by the Canons that in the Choice of Bishops and Deputations of Priest and Deacons the People of all sorts were present and gave Voice or Approbation of which the Hereticks the Lutherans made most pestiferous Use and therefore moved that the Voyces and Consent of the People in Ordination should be taken away and that the Pontifical also ought to be corrected and those Places expunged which make mention thereof because so long as they continued there the Hereticks would make use of them to prove that the Assistance of the People is necessary and thereby destroy the Church which according to the Romish Court-Dialect is the Pope It was urged moreover that the Places were many that made mention of the People giving their Suffrages and Consent in the Ordination of the Ministers of the Church and that they should be all blotted out of the Pontifical yet he recited but one viz. That where the Bishop at the Ordination of a Priest Pontif. Rom. de Ordinat Presb. viz. 38. Neque fuit frustra a Patribus institutum ut de electione eorum qui ad regimen Altaris adhibendi sunt consulatur etiam populus quia de vita conversatione praesentandi quod nunquam ignoratur à pluribus scitur à paucis necesse est ut facilius ei quis obedientiam exhibeat Ordinato cui assensus praebuerit Ordinando saith It was not without good reason that the Fathers had ordained That the Advice of the People should be taken touching the Elections of those Persons who were to serve at the Altar to the end that having given their Assent to their Ordination they might more readily yield Obedience to those who were so Ordained The Design of this righteous Canon was to have all that made against the Grandeur of his Holiness blotted out of the Pontifical that there might be no Trace or Footsteps of them left remaining for the future For if this and other Rites shall remain the Hereticks will always detract from the Catholick Church as Luther did Pietro Soave Polano 590. Therefore in this as well as in other points Indices expurgatorii are of most excellent Use to serve a Papal Turn Moreover Paulinus saith of himself That having a purpose to apply himself to the Service of God in the Clergy he would for humiliation pass through all Ecclesiastical Degrees Ostiarius Lector Exorcista Acolythus Subdiaconus Diaconus Presbyter Episcopus beginning from the Ostiary but whilst he was thinking to begin being but yet a Laick the Multitude took him by force in Barcelona on Christmas Day carried him before the Bishop and caused him to be Ordained Priest at the first which would not have been done if it had not been the Use in those Times Ibid. 587. Many of the Fathers also of the Council of Trent much desired that a Decree should pass concerning the
milites tuos subtrahis and a little after requirat ergo Dominus meus piissimus quis prior imperatorum talem legem dederit subtilius extimet si debuit dari And concluding in the end what it is that he desires of the Emperor saith unde per eundem tremendum Judicem deprecor ne illae tantae lachrimae tantae orationes tanta jejunia tantaeque elemoslnae Domini mei ex qualibet occasione apud omnipotentis Dei oculos fuscentur sed aut temperanda pietas vestra aut mutando rigorem ejusdem legis inflectat such humble and decent remonstrance well-becoming a Pious Bishop or Pastor deserves not to be termed by Bellarmine A sharp reprehension But what follows is yet more worthy to be considered Ego quident jussioni subjectus eandem legem per diversas partes terrarum transmitto quia lex ipsa omnipotenti Deo minime concordat ecce per suggestionis meae paginam Dominis nuntiavi utrobique ergo quae debui exolvi qui Imperatori obedientiam praebui pro Deo quod sensi minime tacui By which humble expressions it appears that it was not a sharp reprehension but rather an humble and respective remonstrance which hath no agreement with the Doctrine wich Bellarmine hath published wherein he makes the Pope Supream Temporal Monarch and the Princes of the World less than his Vassals as his words do necessarily infer altho they dare not yet avow it in express terms Consider Reader whether Gregory calling himself so often the Emperors unworthy Servant and his saying that as one that acknowledgeth himself subject to his Commandement he had sent abroad into divers parts of the World a Law which in his conscience he held not to be just And that other saying of his that in so doing he rendred unto the Emperor that obedience that was due unto him whether I say these Speeches do agree with the Doctrine which Bellarmine hath published who ever desires to know more of Gregory's modesty prudence and submissive deportment towards his Lord the Emperor may receive full satisfaction if he please to read his 64th Epistle I shall end this with this observation of Bellarmines great subtilty in that he forbears to quote the place it self of Gregory being so exact and subtle in his Allegation of other places But what if Pope Gregory did sharply reprove him It was but his duty Quatenus a Bishop which priviledge belongs to all Bishops as well as to the Pope as being in the same Commission viz. Tell Judah of her sins and Israel of her transgressions so it is but according to the duty of all Priests to dispense the word of truth be therewith displeased who will And all being granted it makes nothing at all for the Impery of Popes over Princes His next Fortress Ch. Novit examined is the Chapter Novit which because it most particularly concerned John King of England you shall have the true ground and History thereof This Chapter Novit de Judiciis was indeed admirably well designed and well Calculated for Papal Grandeur and Impery but not in the least what pretence soever was held out for the just right of Kings or of any other Mode of Civil Government good of Christians or glory of God It was designed purposely by Innocent the Third to trample on the necks of Kings as once that Monster Alexander the Third did on the prostrate neck of the Emperor Frederick Barbarossa blasphemously arrogating to himself for his warrant Psalm 91.13 Thou shalt tread upon the Lion and Adder the young Lion and the Dragon shalt thou trample under thy feet as if David more than 1000 years before there was any Pope should particularly Prophesie of Popes And he followed this blow with all the might he had by endeavoring to put it in practice on John King of England and Philip Augustus King of France But the truth is he wanted the Welch-mans Back-sword with two Edges for he neither had the true Bilbo-blade Temporal Power sufficient to force obedience nor yet the Sword of the Spirit Rightful Authority to do what he did He only sent out his Voice yea and that a mighty voice by thundring out his abominable Excommunications which only proved to be vox praeterea nihil Take the Scene and History as it then lay After long Wars between Philip Augustus King of France and Richard King of England About Anno Dom. 1199. Richard died and his Brother John surnamed Lackland succeeded him either by the Nomination or appointment of his Brother as some affirm or by Usurpation upon Arthur who was Son to Geossery another Elder Brother of his But those Territories which John possessed in France submitted themselves to the Dominion of Arthur followed the faction of the French King and was supported by him But at length about Anno Dom. 1200. by means of a Marriage between Lewis Son and Heir and Successor of the French King and Blanche of Castile King John's Sisters Daughter of which Marriage issued afterwards St. Lewis A Peace was concluded between Philip and John wherein Arthur was likewise comprised upon this Condition that John should do Homage to Philip for the Dominions of Brittany and Normandy and Arthur should do Homage for the same unto John After this upon some occasion that fell out Arthur was put in Prison by his Uncle the King of England and there died Anno Dom. 1203. and the common opinion was that he was murthered by his Uncles command whereupon Philip Augustus as Chief Lord of the Fee caused John to be cited to Paris and upon default of his appearance condemned him and confiscated those Territories which he held of him and went afterwards with an Army to seize them into his hands by force John pretended that this was directly against the Peace and Treatise between them and made his complaint to Innocent the Third who commanded both the Kings upon pain of Excommunication to keep Peace and to surcease from War and sent also a Legate unto them for that purpose John for whose advantage this Commandment was did gladly embrace but Philip found himself much grieved and took great exceptions against it and so did the Prelates of France in this behalf unto whom Innocent the Third made that answer contained in the Chapter Novit Philip for all that desisted not from his former purpose but went on and conquered by the Sword all the Territories that the English at that time possessed in France neither could the Pope prevail any thing by his Commands In the year 1208. Innocent the Third Excommunicated John and Interdicted his whole Kingdom which continued six years and three months yet did not John yield to obey the Pope in that he required of him The Pope sent Pandulphus his Legate into France to Philip to perswade him to make War upon John Philip made his preparations accordingly and many Barrons of England combined themselves with him but in the mean time Pandulphus coming into
Bellarmine doth this Proposition viz. that the Pope may judge of all sins they are forced to except the greater part of particular sins Besides a Prince may sin by breaking his own Laws as the same St. Thomas proves 1.2 quaest 96. Art 5. yet of this sin he cannot be judged of any but God alone as Cajetane in that place declareth shewing that in foro Poenitentiae and in the sight of God is all one in sence Certes to affirm that a Prince transgressing his own Laws should be therein subject to the Censures of the Pope were wholly to take away the Power and Authority of Princes And to affirm that he should be subject to them in other Crimes and not in that were to overthrow the very ground of the reason presupposed in that infamous Chapter Novit Moreover it is very necessary well to observe the very words of Innocent the Third Intendimus decernere de peccato cujus ad nos pertinet sine dubitatione Censura quam in quemlibet exercere possumus debemus And a little after Ad officium nostrum spectat de quocunque peccato mortali corripere quemlibet Christianum which Bellarmine Translates le tutti di Principi del mundo All the Princes of the World by which it is plain he had more than an ordinary Pique at Kings and Princes Now if he be bound by the duty of his place quia potestas nostra non est ex homine sed ex Deo to denounce censures against every mortal sin and against every Christian so offending surely if he do it not he sins and endangers damnation to himself And yet we do not find that the Pope sends out any Censures against the Curtizans the Concubines of Priests and profest Harlots who yet abide and persist notoriously in their sins Besides if by quemlibet Christianum be understood all the Princes of the World as Bellarmine hath rendred it it belongs to him to Excommunicate the Turk the King of Persia the Tartar cum multis aliis And St. Peter's Successor must accuse St. Paul of false Doctrine who said 1 Cor. 1.5.12 quid mihi de his qui foris sunt judicare what have I to do to Judge them that are without § I have insisted the longer on this Chapter Novit because it was designed purposely under pretence of favor to make an Ass of England and her King it being made use of to that very end and also against the French King as appears by the Story And trow you Contrives she not Complots she not at this very day to make England once more to carry the Saddle If ever the like Fate betides us or if ever it be again the Stile of England I cannot say less than Not the Pope only but the Devil rides us § His next recourse is unto another Buckram Decretal Extravagant Vnam Sanctam examined rightly stiled Extravagant called unam Sanctam I must confess I could wish that before he had made any use thereof that he had first reconciled it with another of Pope Clement the Fifth who succeeded him not long after which begins thus Meruit de privilegiis cap. 2. extravag com where Clement saith that he determineth and declareth that by the said Extravagant Vnam Sanctam Meruit charissimi filil nostri Philippi Regis Francorum Illustris sincerae affectionis ad nos Ecclesiam Rom. integritas progenitorum suorum praeclara merita meruerunt Meruit insuper Regnicolarum puritas ac devotionis sinceritas ut tam regem quam regnum favore benevolo prosequamur Hinc est quod nos Regi Regno per definitionem declaration●m banae memoriae Bonisacii Papae Octavi Praedecessoris viri quae incipit Unam Sanctam Nullum volumus vel Intendimus praejudicium generari nec quo id per illam Rex Regnum Regnicolae praelibati amplius Ecclesiae sint subjecti Romanae quam antea existebant sed omnia intelligantur in eodem esse statu quo erant ante definitionem praefaram tam quantum ad Ecclesiam quam etiam ad Regem Regnum Regnieolas superius nominatos there shall be no prejudice or injury done to the King and Kingdom of France nor that the said King and Kingdom shall be any more or otherwise subject to the Church of Rome than they were before but that all things shall continue in the State they were in before that Extravagant Now it had not been unworthy so great an Ecclesiastick as my Lord Cardinal Bellarmine was to have dealt so ingenuously as to have declared whether Boniface in this Extravagant Vnam Sanctam did make a Declaration of Jus Divinum in this point i.e. expound and declare that Jurisdiction which the Pope hath de Jure Divino over Princes or whether he did thereby impose a new subjection over Princes in some matters wherein God had not made them subject before unto the Popes Be it which His Eminency pleaseth it will avail him nought if Boniface meant the latter then it was an Innovation after the year 1294. A meer Extravagant after English Construction a void Decree an Vsurpation an Incroachment and an abuse of the Power given them by God by enlarging it beyond its just bounds Besides by what reason Scriptural or other could Clement declare or mean that France alone should be exempted from that Extravagant and not all other Princes and Kingdoms Neither was it a matter or favor to be yielded as in recompence of the good deserts of that King and Kingdom but a thing due unto them of right and Justice Now if Boniface intended it as a Declaration of Jus Divinum it were worthy our knowledge to know by what right Clement could free the King and Kingdom of France from that subjection which God had appointed them unto the case being very clear according to their own Doctrine that the Pope cannot exempt any man from his own Power and Jurisdiction which he holds de Jure Divino so it undeniably follows that if Boniface were in the right Clement was in the wrong and è contra Pope against Pope no news at all Besides that which Boniface saith in that Extravagant viz. si deviat terrena potestas judicabitur à potestate spirituali that the Authority Temporal when it erreth ought to be corrected and rectified by the Spiritual be a Declaration of the Law of God yet then according to as wise honest and learned of your own Fraternity as ever writ in your defence it ought to be understood only for so much as concerns the Salvation of their Souls and that only in foro Dei and Abstract from all Temporal Power of that kind which the Lawyers term Coactive and that all the Ecclesiastical Power over Princes is therefore only Spiritual And herein we shall not need to have recourse to Signior Papa our Lord the Pope for that this kind of Authority is in every Bishop and Priest how Heretical soever it be esteemed by some
England and letting John see the danger he was in advised him to become the Popes Foedatary John enforced by the present peril accepted the advice and made his Kingdom Tributary to the Pope to pay him yearly 1000 Marks of Gold Pandulphus hereupon returned into France and commanded Philip upon pain of Excommunication that he should molest John no longer as being now become the Foedatary of the Church but Philip refused to obey and the War continued whereupon in the year 1215. in the Council of Lateran Pope Innocent sent out an Excommunication against all those that molested John King of England And for that Cause in the year 1216. Another Legate called Guallo went to Paris who by vertue of that Sentence of Excommunication commanded Philip and Lewis his Son to forbear to pass with an Army into England which they were then prepared to do But notwithstanding all this Lewis desisted not but entred John's Kingdom with a great power altho the same Guallo was gone over into England and there ceased not dayly to thunder out his Excommunications This War continued unto the death of John after which Lewis had gotten many places of that Kingdom into his hands made Truce for five years with Henry the Son of John who succeeded his Father Thus you see how the very Holiness of Rome can Handy Dandy play fast and loose with Kings themselves § Concerning the desperate damnable Doctrines of this Chapter Novit little ought to be said for that they rather deserve a Spunge than an answer to be obliterated out of all Records minds and memories and because Gabriel Biel a man of their own Leaven hath taken great pains on that Can. Lec 75. to give some tollerable interpretation but can find none but this viz. that this Decretal and all other of the same tenor must be understood in foro poenitentiae A lame shift to help a lame Dog over a stile But Bellarmine will not be so consined he will extend it farther Frier Paolo and mark what follows even according to men of Rome that whoever will affirm as Bellarmine doth that they are to be understood in foro exteriori shall have much ado to avoid the absurdities and the utter overthrow of the Secular Power ordained of God and the confusion of the World which will arise out of these Doctrines For his purpose is to conclude that where Princes use their Power to the hurt of their own Souls or their Peoples and to the prejudice of Christian Religion the Pope may take the matter in hand to redress it If this must go for currant Doctrine mark what will follow viz. There is no action of man in Individuo but it is either a good work or it is a sin Now if it belongs to the Pope to exercise Jurisdiction over all Sins and withall to take upon him to determine what is sin and what not I say there is no longer any Prince but the Pope nay farther there is no place left for any private Government In sum the Pope may by this Doctrine examine all Laws all Edicts all Parliaments all Councils all Successions all Translation of Princes he may call in question and examine all Inheritances and Contracts of all private Men all Marriages all Treatises of Peace and War between Prince and Prince because it belongs to the Shepherd to have a care of his Sheep And this inference doth not only necessarily follow of this supposition but it is also allowed by the Canonists that write upon that Chapter Novit And yet nevertheless have the wisest men and of the most understanding noted and taxed it to be full of Absurdities which to avoid some have out of that Chapter Novit framed a distinction where there can be none viz. that it is one thing to judge of the matter or of the Action or of the contract and another to judge of the sin for if it be the Pope's right to judge of all things as they are sins and to forbid them and to enforce all men to obey his determinations therein what is there more left then for the Prince to do Not one of Democritus's Moats for Bellarmine hath taught us a very general Doctrine that to judge whether any Law contain in it sin or not it belongs to the Pope as it belongs to the Ecclesiastical Judge to determine whether a Civil Contract contain in it the sin of Vsury Hence it will necessarily follow Che il giudicare st una lege centient p●ccato è pregiudicio alla chi●●a tocca alt ' isteslo sommo Pontifice che è gindice supren o si come il giudlcare se un contratto civile contengo peccato di usura appertiene al medisimo Giudice Ecclesiallico quals appertient la cognitione de i p●ccati f. 330 331. that not only the Pope but every Ecclesiastical Judge shall have Power to determine all matters for it can belong no more to him to judge whether a Contract offend in Usury than whether it contain any other wrong or Injury to his neighbor for all that do so are sins as well as the other And by the same reason it will belong to the Ecclesiastical Judge to determine of all manner of sin And in brief because there is no Action or Affair either Publick or Private whereunto sin is not Incident if it shall be in the Power of the Ecclesiastical Judge to determine and judge of it and either to allow it or forbid it and to enforce obedience to his own determinations All transactions about Contracts all Courts of Justice and all private Families may well be transferred into the Bishops Palace good grist to that Mill But the true Christian Doctrine and the common practice all the World over avoids all these absurdities subjecting all Crimes and Offences unto the Temporal Jurisdiction according to the example of Christ and his Apostles who never pretended to have or exercise any Temporal coertion or coactive Authority over mens sins And if the Pope were Christ's true Vicar indeed he would never usurp more than ever Christ exercised himself or gave him Authority to do The main business of Peter and of the rest of the Apostles was to Teach and Preach dayly in the Temple and in every House Jesus Christ Acts 5.42 Thus you see that these very Doctrines contained in the Chapter Novit need little of our Confutation it is done to our hands by several of themselves and according to their own St. Thomas they are too general because there must be excepted all internal motions of the mind whereof the Pope hath no power at all to judge unless it be in foro Poenitentiae in which also every Priest hath equal power with himself no pleasing Doctrine at Rome and of this sort are the greatest number of sins And their own Divines and Canonists do generally agree that in the Excommunications granted against Hereticks those are not comprized which err mentally so that they which attempt to defend as