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A17976 Iurisdiction regall, episcopall, papall Wherein is declared how the Pope hath intruded vpon the iurisdiction of temporall princes, and of the Church. The intrusion is discouered, and the peculiar and distinct iurisdiction to each properly belonging, recouered. Written by George Carleton. Carleton, George, 1559-1628. 1610 (1610) STC 4637; ESTC S107555 241,651 329

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Iurisdiction 6. From this consideration of persons and causes arise two great questions First concerning the exemption of all causes Ecclesiasticall from the Kings Iurisdiction secondly concerning the exemption of Ecclesiasticall persons from temporall audience and iudicature For the better vnderstanding hereof we may proceede by some distinctions for when our aduersaries teach that the Pope is the head of the Church and we that the King is the supreame gouernor of the Church though in some sound of wordes these things seeme not much to differ yet in truth there is great difference betweene their meaning and ours For they calling the Pope the head to distinguish him from Christ whom the Apostle calleth the head of the Church say that the Pope is the ministeriall head which deuise was first brought in by the Schoolemen for among the auncients it was not knowne but all that speake of the head of the Church before acknowledge none but Christ. Concerning this deuise of the ministeriall head we say with the ancient Fathers that the Catholike Church is but one and hath one head Christ Iesus because to one bodie there can bee but one head from whom grace is infused to the whole body This Catholike Church is as that head is both perfectly known to God not to man this then is but one in all times and places But the visible Churches or particular are many at many times in many places and therefore must haue heads or gouernours aunswerable to themselues for many Churches many gouernours These are either Spirituall gouernours or Temporall The spirituall gouernment of the Church is committed to spirituall gouernours as first from Christ to his twelue Apostles of whom none was aboue the rest in this spirituall gouernment or kingdome of Christ as the Lord doth often expresly declare to them from them to Bishops and Pastors their successors Temporall gouernours are such as haue the custody of externall coactiue Iurisdiction both in Temporall and Ecclesiasticall causes for the power of the Church with all her spirituall Iurisdiction neuer reached to coaction This was by God first giuen to Magistrates and neuer reuoked in all times practised but when the Church and Kings were oppressed by the great power of Antichrist When wee call the King the supreame gouernour of the Church our meaning is that hee is appointed by God to be a Father and preseruer of religion a keeper of Ecclesiasticall discipline and as the Prophet Isaiah calleth him a nourcing father of the Church he is the soueraigne in all affaires of coactiue Iurisdiction Likewise this word Church is not taken in the same sense by them and vs for our aduersaries saying that the Pope is the head of the Church vnderstand thereby the. Catholike Church spread ouer the whole world but we vnderstand a particular Church yeelding the King to bee gouernour next and immediatly vnder God of his own dominions and consequently of persons and causes within his owne dominions so that there is much difference betweene their meaning and ours Then we must come to such an issue wherein without equiuocating the question betweene vs is set for wee shall otherwise run into that fault which is so rife with the Popes Clarks that Bellarmine himselfe confesseth it Notandum est saith he multos ex nostris tempus terere dum probant quod Caluinus caeteri haeretici concedunt This is most common among them to bee large in disputing that which is not in question betweene vs and it is a signe of some ingenuitie to confesse it but neither doth himselfe for all his confession auoid it neither doe they that write since and depend vpon his learning shunne it after so faire warning neither in truth can a false cause be maintained in so many bookes and large volumes as now they set out vnlesse they tooke this libertie to themselues to be large in disputing things which are not in question The question then is concerning the lawfull authoritie of Kings in their owne dominions touching this part of Iurisdiction which is called Ecclesiasticall coactiue Iurisdiction 7. For better proceeding let the distinction be remembred which is vsually receiued of Ecclesiasticall power for all power Ecclesiasticall is commonly deuided into power of order and of Iurisdiction The power of order by all writers that I could see euen of the Church of Rome is vnderstood to be immediatly from Christ giuen to all Bishops and Priests alike by their consecration wherein the Pope hath no priuiledge aboue other Thus teach Bonauentu●…e in 4. sent d. 17. q 1. August Triumphus lib. de potest eccles qu. 1. ar 1. Ioh. Gerson li. de potest eccles consid 1. Cardinal Cusanus lib. de cathol concord 2. cap. 13. Cardinal Contarenus tract de eccles potest pontificis Bellarm. lib. 4. de Rom. Pont. cap. 22. This then being the common confession of all that the Pope hath no more power herein then any other Bishop or Pastor we moue no contradiction in this As they confesse that in this power the Pope hath no praeeminence but that it is giuen from Christto all Bishops and pastors equally so wee confesse that in this power the prince hath no part and that Bishops and pastors haue this power onely from the diuine ordinance and not from earthly princes then our question is onely of the power of Iurisdiction 8. This power of Iurisdiction is diuersly vnderstood by the writers of the Church of Rome Augustinus Triumphus doth deliuer it thus The power of Iurisdiction is Temporall or Spirituall and this power considered in generall is threefold immediate deriued or giuen to execute some seruice the power of Iurisdiction immediate of all things Spirituall and Temporall is onely in the Pope The power of Iurisdiction deriued is in Bishops to them deriued from the Pope the power of Temporall Iurisdiction giuen to execute some seruice for the helpe of the Church is in Emperours Kings and secular princes this power is not immediat from God but is giuen first to the Pope and so to Kings for the vse of the Church and ●…elpe of Pope and Prelates I haue deliuered this in the ●…ery words of Triumphus whom in this thing others followe though of late some of the finer Iesuits who hold the same are growen more cunning in the manner of deliuering it Bellarmine loath to leaue the opinion and ashamed so grossely to propose it deuiseth a mollification of it thus Asserimus Ponti●…icem vt ponti●…icem et si non habeat vllam meré temporalem potestatem tamen habere in ordine ad spirituale bonum summam potestatem disponendi de temporalibus rebus omnium Christianorum That is We auer that the Pope albeit he hath not any power merely Temporall as Pope yet hath power supreame in respect of Spirituall good to dispose of all the Temporalties of all Christians And in the next Chapter concludeth that the Pope hath authoritie to depose hereticall kings and princes
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 p●…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 ●…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 hearkē to thē 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 o●… 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 subiectū Ecclesiae verba Christi ostend●…nt quum Petrū futurum Papam ad Ecclesiam remittat dic Ecclesiae And afterward Si haereti●…us est qui Romanae Eocle siae primatum aufert c. quanto magis haereticus erit qui Ecclesiae detrahit●… 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 a●…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 distinctiō 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 Opini●… omnium mortuorum est si opinio vocari debet quae idoneis confirmatur authoritatibus quia Rom. Pontifex vniuersali 〈◊〉 subiectus exist●… 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 v●…rentur excaecauit ●…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 i●…dicabit quod 〈◊〉 〈◊〉 Augusto neque ab omni clero nec à regibus c. iudicars valeat 〈◊〉 ●…ere non veretur Rom. Pontificē quamuis animas 〈◊〉 〈◊〉 ad inferos trahat nullius reprehensioni fore subi●…ctum Nec considerant miseri quia qu●… praedicant tantopere verba aut ipsa●… summorum Pontificum sunt suas fimbri●…s extendentium aut eorum quieis adulaba●…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 adu●…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 〈◊〉 Silui●… before he was Pope could so freely condemne this Papall