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

it was miraculous and therefore it might be of use then when the Keys of Church-men could not err and when a Temporal Sword was wanting yet now it is utterly useless and abolished § For any other Excommunication of present or perpetual necessity in Ecclesiastical Regiment there is very little indeed no plain proof in Scripture if any at all it is the spiritual Scepter of the Pope and Presbyter without which their Empire would appear meerly Imaginary and therefore their Zeal is fierce and strong for it though their reasons be weak It seems to me a very obscure and lame deduction that the Keys of Heaven in the Gospel must needs import real Power and jurisdiction in Clergy men and in them only and that that Sword is as miraculous as it was or as useful as if it were miraculous and that the stroak of it is meerly Spiritual and not to be supplied by the Temporal Sword and that Princes are as well liable to it as other Laymen § In case of utter impenitency of open and obstinate perverseness Heaven is shut without the Pope or Presbyters Power and in case of feigned penitence neither the Popes nor Presbyters Keys can open effectually though they discern or discern not the hypocricy and in case of true penitence if Pope or Presbyter be mistaken yet Heaven will not remain shut § Some excellent writers against the usurped power of the Romish Church in use or exercise of St. Peters Keys as well before Luther as since have been of opinion that the visible Church hath only power to declare who are separated or excommunicated ipso facto from the holy Catholick Church and that she hath no power so to separate or excommunicate any unless they have first excommunicated themselves or voided their hopes or interests in the holy Catholick Church by heretical positions or opinions or by lewd and scandalous misdemeanors Of this opinion was that famous Wesselius which was intituled Lux Mundi before Luther arose or the so pure Light of the Gospel which we now enjoy Besides Divines themselves have not hitherto agreed nor are ever like to agree what this excommunication is or what the extent of it is or whether the Presbyter alone or joyned with the Laity or Lait without the Presbyter have power to execute it or whether it be so spiritually inherent in the Pope or Presbyter as that they can or cannot depute the execution thereof to Deligates or Proxies In these great straights and uncertainties concerning excommunication held out to be of such high concern as to make the excommunicated as it were accursed and cut off from the Church what shall poor Laicks do who are well assured that be their Commission what it will that it extends not to impower them to teach and much less to impose any Doctrines but what are undoubtedly and meerly true the Apostles themselves pretending to no other § Some endeavour to support this feigned pillar of their discipline by Arguments drawn from the Jewish manner of excommunication which according to some was twofold 1º called Niddui and was only a temporary separation commonly for 30 dayes from all commerce or society with any man within a certain distance This is it which is thought to be that which is called in the New Testament a casting out of the Synagogue 2o. The second more severe and terrible than the former was when a scandalous ossender with curses out of the Law of Moses in the publick audience of the whole Church without any limitation of time was excluded from the Communion of it This is that which is thought to be that which is called in the New Testament a delivering up unto Sathan in Hebrew this is called Cherim and in Greek Anathema which was twofold 1o. Simple when what I have now mentioned was performed 2o. with an addition of Anathema Maranatha or as the Syrian pronounce it Moranetho when besides all other maledictions out of the Law they added this clause Our Lord cometh by which form the excommunicated person as desperate without all hope of pardon or restitution was left unto the Lord to receive from him a heavy doom at his coming In imitation of this Jewish excommunication which generally is defined by almost all to be an exclusion of the Fellowship and Communion of Believers the Popish Divines have also framed 2 kinds of excommunication viz. 1o. A lesser 2o. the greater 1o. the lesser That the excommunicated is to be debarred not from the profession of the same Faith nor from giving his consent to the same Doctrine with the present Church whereof he is a visible Member but from the soel participation of the Sacraments have added also another which they term the greater Excommunication and Anathema and have against the clear sence of Scripture I wish the Presbyterians could herein plead not guilty defined it to be an interdiction of Churches private commerce and all other lawful converse because the Apostle Cor. 14. openly sheweth that neither the heathen nor any person whatsoever were forbidden from hearing of the Divine word from the Reading Thanksgivings and Prayers of Christians And I have not found extant in the Scripture any Precept or Example whereby it is commanded or taught that they who err only in life and manners should be removed from the Sacraments I do not read that any person at any time amongst the Jews was for such causes forbid by the Priests Levites Prophets Scribes or Pharases to come unto the Sacrifices Ceremonies or Sacraments The high Priests esteemed Christ and his Apostles most wicked persons yet we do not find that during Christs life or after his death that ever they went about to debar them of the Sacraments and Sacrifices instituted by God they reprehended indeed Christ for eating and drinking with Publicans and Sinners but not for praying in the Temple with them nor for going up with them and all others to Jerusalem to celebrate the Passover neither did they debar any Publican Jew no nor the most cruel Hereticks the Sadduces from their Temple or Ceremonies but permitted them the honour to ascend the high Priest-hood and I do not indeed well see how the Priests could hinder the Scandalous sinners from eating of the Passover if they would for that they did not eat before the Priests but in their private Houses and I have not observed that the presence of a Priest was absolutely necessary to that matter And certainly if the law had permitted them to debar any from their Sacraments and Sacrifices but the Leprous and unclean they would certainly have debarred Christ and his Apostles such was their desperate and inveterate malice towards him and them presuming his design to have been to destroy their City and Temple their Name and Nation § Upon these and other like reasons and grounds there are some who do not stick to affirm that the Clergy hath not so much power to excommunicate the Laity as the Laity the Clergy all power being

such as is common to the Laity in private offences i.e. to every Individual of the Church For what concerns Binding and Loosing the Words are plain and demonstrative viz. Whatsever ye shall bind on Earth shall be bound in Heaven which must have reference to the parties grieving and grieved it cannot be denied and those are every individual of the Church and whatsoever ye shall loose on Earth shall be loosed in Heaven Again I say If two of you in general without denoting or pointing at the Clergy shall agree on Earth as touching any thing that they shall ask it shall be done for them of my ●ather which is in Heaven for where two or three indefinitely and not limited to the Pope or to those of the Presbytery only are gathered together in my Name there am I in the midst of them Mat. 18.18 19 20. These are general Precepts and purport a general Duty binding every Christian and not especial or applicable only to Popes or Presbyters Christ then in these places speaketh of private men and offences which he only that is oppressed and wronged hath most right to reprove and forgive and therefore not only the Judgment of Pope and Presbyter making whom they please Banditi of the Church but the reprehension and admonition of our meanest Brother offended and injured by us must be regarded and reverenced for so much as the Lord on high heareth the desires and granteth the Prayers of any two joyning together for his Glory and others Good and in their own debts and trespasses private persons have more right to bind and loose their oppressors before God than either Pope or Presbyter This power here attributed to all Christians is no new Doctrine but hath been acknowledged for good by St. Austin Theophylact and others and it doth not in the least derogate from or impeach the publick use of the Keys in the hands of Bishops and Pastors for they had also their particular Commission John 20.23 Whosesoever sins ye remit they are remitted unto them and whose sins soever ye retain they are retained yea speaking particularly to one of them Mat. 16.19 I will give unto thee the Keys of the Kingdom of Heaven and whatsoever thou shalt bind on Earth shall be bound in Heaven and whatsoever thou shalt loose on Earth shall be loosed in Heaven so that the Keys of the Kingdom of Heaven all Priests received in Peter before Christ's Death and after his Resurrection he gave all his Apostles the like power as Cyprian and Jerome observe and that is a power which no Temporal or Civil Magistrate or Prince can confer it is derived unto them from a higher Power § I am not ignorant that these Doctrines are held as Heretical at Rome and that they that hold them are cursed with Bell Book and Candle which is obvious to every intelligent Reader that consults the first fifth and sixth Canons of the sourteenth Session of the Council of Trent and the Anathemaes following who shall find it to be so and I humbly conceive not without grand reason of State-Papal for should these Doctrines and these that depend upon them be received for Orthodox Adieu to all the Picklocks of all the secretest Councils of all Kingdoms and States where Romish Doctrines prevail and also Adieu to a world of Merry-pence that else would thereby come into their Sanctuary Sanctum Sanctorum their Coffers for commuting and mitigating of Penance c. For by their Institution of their Sacrament of Penance their Church understands it to be instituted by Christ an entire full and Sacramental Confession of all sins to be made by all persons of the years of discretion lapsed after Baptism and that Jure Divino it is absolutely necessary so to do and that because Christ before his Ascension into Heaven lest his Priests to be his Vicars tanquam Praesides Judices unto whom all mortal Sins ought to be brought and confessed whereby by vertue and power of the Keys of remission and retention of Sins Mat. 16.19 John 20.23 they pronounce Sentence and give Judgment which they cannot rightly do if you will believe themselves nor justly proportion or impose Penance upon a general Confession only except the lapsed declare their Sins unto them in specie sigillatim particularly and in kind Can. 5. This to me seems wonderful strange that if Christ would have introduced a Rite to confess our Sins so particularly and punctually to Romish Priests as that no Use was ever the like that y●● he would be so understood by words ambiguous from which it must be drawn by very disjointed and unlinckt consequences very far fetcht consequences as incoherent as are Churton Sands of which the Neighborhood do merrily story that the Devil himself could never make Belropes thereof and not by most plain and perspicuous Terms as when he instituted the Eucharist there being not one plain word in the whole New Testament to command us so to do James indeed c. 5. v. 16. exhorts us to confess our faults one to another but what is that to Romish Priests James writ not to them but to the Twelve Tribes scattored abroad This Text is an Argument to perswade us to confess our faults one to another and to pray one for another that we may receive reciprocally the Councils Benefits and Consolatinos of each others Prayers but this institutes no Sacramental Confession to be performed to Romish Priests nor any power of pardoning to the Pope or his Priests nor any greater obligation on the Laity to confess to the Priest than on the Priests to confess to the Laity Mark the enforcement The effectual fervent Prayer of a righteous man Priest or not Priest availeth much Though these Canons make the Priests the only Ministrators of Absolution and Remission and that the Act in them is not Nudum Ministerium a naked Ministery of pronouncing and declaring Sins to be forgiven to the confessed but that it is in the Priest Act us Judicialis a Judicial Act by whom velut à Judice as by a Judge Sentence is pronounced Canon 6. They farther make the very Circumstances of Sins to alter the kind of them and therefore they have made two kinds of Sins viz. Mortal and Venial Canon 5. which is more than ever God himself made though he made two kinds of Sinners voz Penitent and Impenitent And in the conclusion they have Anathematized all those that are of contrary Opinions though there be not one plain Text of Scripture to warrant their so doing Now I would very fain know why the Institution being made by the Word Remitto the Form also was not Remitto I remit thy Sins rather than absolvo te I absolve thee and that if by these words a Sacrament of Absolution is instituted with this Form Absolvo te by which one is absolved why it doth not follow by an irresistable necessity that another Sacrament of Binding be not instituted in which this Form should likewise

been so extreamly and publickly mischievous God would not have suffered it Besides if Scandal shall not remain unpunishable in the Prince yet it shall in the Spiritual Man which is a Mischief of the same nature with the other For if Caesar shall abide the Censure of this or that froward Pope or Consistory what Judgment shall the Pope or Consistory abide If this Spiritual Supremacy rest in any one that one must be unpunishable for two Supreams are things incompatible And if this Supremacy rest in more than one is is very hardly consistent with Monarchy for the one or other must be transcendent § Without all contradiction it is a manifest violence to use the Power of excommunication be it what it will if any such thing there be at all granted by Christ contrary to his own Institution and towards him that hath Power and unjustly useth the same the remedy is to have recourse to a Superior if he may but if there be no Superior to whom to have recourse God hath allowed no other remedy to a Prince thus offended but to make resistance with his own force opposing himself and force to force because it comes from God And the Civil Being of every Common-wealth or Kingdom is to the end of his Glory And therefore a Prince cannot permit without a sin and offence that his own Liberty should be infringed which is the Civil Being of every Principality and there is no doubt but that negligence in defending it is a dangerous offence to God and most hainous if he voluntarily suffer it to be usurped and incroached upon § To obey therefore the Commandements of God Kings when accosted and assaulted by Excommunication Papal or Presbyterian may and ought to oppose themselves against the Authors of them that will take away the Power which God hath given them to make Laws both Civil and Ecclesiastical and with Justice to defend themselves and their injured Subjects in their Lives Honours Goods and Religion And as the Innocent by an error in facto unjustly excommunicated to avoid scandal is bound patiently to endure So when the Error is in Jure and the manifest injustice thereof is apparent to avoid scandal likewise the Prince is bound to resist and oppose himself against the Injury Because there is no doubt but that such unjust Censures are against Magistracy it self and therefore when it shall be known to other Kingdoms that such a Prince or State for fear of unjust Censures and those invalid hath yielded unto violence whereof there are Examples not a few and omitted to exercise and execute his Natural Power they would be exceedingly scandalized thereat as also the Subjects that should discover such a vain fear they would become very perverse And therefore for this cause also it is both equal and necessary for the Prince to make due resistance for such no doubt or more weighty Reasons have our Kings and Queens defended themselves and their Subjects against all such Thunderbolts and so did the Venetians against Paul the Fifth who without any colour of reason excommunicated them being not a few Millions of Men The like have the Emperors and Kings of England and of France done and they had Authority so to do by their great Charter from Heaven The Church both Laity and Clergy but especially the Clergy ought to pacifie their Minds and Consciences attending the Service of God under the protection of their Princes constantly believing that the Holy Ghost was promised and given to all the Faithful both Laity and Clergy amongst whom Christ himself is present when they are congregated in his Name and that none can justly be excluded out of the Holy Catholick Church except by their own sins they be first excluded out of the favour of God and that the obedience which God commands us to perform to our Ecclesiastical Superiors is not a foolish or ridiculous Subjection nor the Power of Pope or Presbyters an Arbitrary Judgment but both the one and the other must be ruled by the Law of God who Deut. 17.10 11 12. ordained not an absolute obedience to the Priest but a prescribed observance according to the Law-Divine Facies quaecunque dixerint qui praesunt loco quem eligerit Jehovah docuerint te juxta Legem ejus It is the Word of God only not of Men in the Priests Mouths that me must obey God only is an Infallible Rule to whom only we must profess and yield obedience without all exception He that generally professeth this towards others without the Commandments of God as the Papists do sinneth and whosoever supposeth any Humane Will to be infallible as the Papists do committeth great Blasphemy in ascribing to the Creature a Property only Divine We have an Example hereof in the Acts when the Ancient Church expostulated and contended with Peter himself about the Vocation of the Gentiles he did not thunder against them with hideous and abominable Excommunications nor use menacing Language nor went about to silence them but he taught and perswaded them by Reason and Authority of Divine Revelations and the Words of our Saviour The very same Peter commanded the Elders to feed the Flock of God taking the over-sight thereof not by constraint but willingly not for filthy Lucre for Cardinalisme or Nepotisme sake but of a ready mind neither as being Lords over Gods Heritage but being Examples to the Flock 1 Pet. 5.2 3. by which it is evident that Priests must not domineer nor command with Empire but with Holy Deportment and Instructions of Piety for that they have no Dominion of our Faith but are or should be Helpers of our Joy 2 Cor. 1.24 The very same St. Peter when he erred in Antioch St. Paul did not forbear boldly to reprehend him in the presence of all Men Gal. 2.11 St. Paul's superexcellency above any thing that we can pretend unto was no Warrant for him to oppose himself against one whom it was not lawful to resist Who more humble or gave greater acknowledgement of his due Reverence to the High Priest than Paul did In this questionless Paul did no more than what the least of us may do with due Reverence to his Holiness Quaecunque scripta sunt ad nostram Doctrinam scripta sunt Rom. 15.4 the Holy Ghost would never have written this History but for our Example to the end we might imitate it And we see that all the Popish Doctors in discussing how any one may oppose himself to the Pope when he erreth and governs unworthily they have recourse to this Example Let no Man therefore be troubled depending only on the Authority of a Pope for that according to their own Doctors not one but two Keys were given to Peter and to the rest of the Apostles and if they be not both used together the effect of Loosing and Binding doth not ensue the one being of Power the other of Knowledge and Discretion Christ never gave Power to be used without due Knowledge and Circumspection

to seed his Fock No no Ezekiel shews that their duty is to strengthen the Diseased to heal the Sick to bind up the broken to bring again that which was driven away and to jeek that which was lost this also is consonant to the Doctrine of St. Peter 1. Ep. 2 3. Feed the Flock of Christ taking the oversight thereof not for filthy Lucre but of a ready mind neither as being Lords over Gods Heritage but being Examples to the Flock Besides it can never be proved by Scripture that Christ's instituting Pastors in the Church did at any time exempt them from obedience to the Church she being the Common Parent of all Christians both Ecclesiastical and Secular and the Practice was so in the purest times as may appear by St. Cyprian Lib. 1. c. 4. Moreover when Christ ascended on high tho he led Captivity Captive and gave gifts unto men yet he did not divest himself of all power of Governing his Body the Church Militant here on Earth devolving it on the Pope but doth still continue to govern it internally and Spiritually by the secret influences and illapses of his Spirit and so will do until time shall be no more And altho the Popes have nothing at all to do with this kind of Government nor as yet in terminis have laid any claim thereunto yet their Illustrissimo Bellarmine hath had such effronted Impudence as to aver that the Pope is able to do all that which is necessary to the Conducting of Souls to Paradise unto which end certainly Divine Inspiration is most necessary and can take away all Impediments which the World or the Devil with all their force or Crast are able to oppose which doth covertly insinuate and attribute the same Spiritual Invisible power to be also in the Pope hoping it will not be seen but it is discovered for without such Insluences and assistances it is very improbable if not altogether impossible to be conducted to Heaven and if Bellarmine's Doctrine be good what need of petitioning Heaven for Graces it is but going to Rome a pleasant Journey where we may have all things necessary for our Journey to Paradise for asking for some merry Pence Romae omnia venalia As to the external Government of his Body and Church Militant here on Earth it consists here of visible men The Church to be Governed by its own Body So Christ himself would that it should be governed by visible men without divesting himself of his Spiritual influences and in order thereunto he appointed Pastors and Teachers for the perfecting of the Saints for the work of the Ministery for the Edifying of the Body of Christ Ephes 4.8 11 12. Who having in his life-time endowed them with power and commands to teach all Nationis Baptizing c. Matth. 28.19 which is all the Authority that ever Christ gave or bequeathed unto them and which is purely Spiritual without any mixture Temporal and that only as Ministers and Servants not as Lords of his Body which power tho it may be peculiar to the Clergy of the Church as chief Officers and Ministers thereof yet the application of the same Authority to the person is purely elective and depending on the Body hence it follows that the Body or Sheep having chosen their Bishop or Pastor he is now become subject to the Body and not the Body to him which Authority of choosing them a good or of Judging or of censuring a wicked Pastor being given them of Christ their Head and Father they cannot wave or devolve the same without committing great offence against God and if they should yet they cannot wholly divest themselves thereof Besides in disputes among themselves whether the Pope be above a Council very many of the most Learned of them do argue and agree that as the Head or Superior of the Inquisition is not Superior to the whole Congregation of the Inquisition being assembled nor do they admit that the rest of the Body hath no power over the Head especially being such a Head as the Body it self hath constituted They argue the like also from the examples of Kings and Kingdoms of which I shall make this use only that if these be good instances among themselves to prove a Council to be above the Pope it will hold also in minor collective Ecclesiastical Bodies Thus do they abuse all places of Scripture by wresting them from their proper meaning and intendment The Popes claims first modest then Impudent as I have hitherto shewed and therefore the Readers may do well to bear in their memories the Cautions and Observations laid down in the Paraenesis forementioned The pretensions of the Popes were at first modest as I have shewed you in Gregory in respect of that height of Impudence they have now arrived unto They claimed only precedency or Primacy not Supremacy but now their Judgments are Infallible their Jurisdiction Infinite their Empire boundless fetching in and Monopolizing all Churches and Kingdoms All Bishops but their Curates All Kings and Emperors but their Vassals for of the Pope was meant Gens regnum quod non servierit tibi eradicabitur and this Bellarmine Baronius and others of the same Leaven plead for not out of the Decretal Epistles or Constantine's Donations but out of Scripture The first and best Bishops of Rome thought more of their Martyrdom than of an Universal Monarchy expounding Scripture with contentedness according to the natural sence of the Text without racking or torturing it unto wrong ends and purposes But their Successors lost by degrees first conscience then Learning and now at last all Grace and Modesty This their Babel as it now stands was not built in a day but as the itching desires of this or that proud and haughty Pope of enlarging their Fringes and Phylacteries did increase so their claims and pretentions increased therewith At first they claimed a Primacy of Order or at most of Honor not of power among their Brethren only not over them And these contestations were with Bishops not yet with Emperors they medled yet only with the Keyes not with the Swords owning all their power to be meerly and purely Spiritual for the benefit of Souls nothing at all directly or indirectly temporal But when once they had put a Padlock on the Scriptures and Preached Ignorance up to be the Mother of Devotion then the Mystery of Iniquity became quickly advanced to that monstrous height which at this day we see but cannot remedy And the better to set out this Pageant not only some scraps and shadows of old Fathers and Councils but the Scripture it self our Lord Christ and St. Peter are brought upon the Stage and rackt and tortured to do obeysance unto this Monster of Iniquity whereas we may safely swear that there is not one word or Syllable of the Pope or his Power in all the Scripture Old or New but what is due to all Bishops in Common with him save only as he is described