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Leviathan
Law produceth,) but the inward conversion of the heart; which is not the work of Laws, but of Counsell, and Doctrine.

And that of 2 Thess. 3.14. “If any man Obey not our word by this Epistle, note that man, and have no company with him, that he may bee ashamed”: where from the word Obey, he would inferre, that this Epistle was a Law to the Thessalonians. The Epistles of the Emperours were indeed Laws. If therefore the Epistle of S. Paul were also a Law, they were to obey two Masters. But the word Obey, as it is in the Greek upakouei, signifieth Hearkening To, or Putting In Practice, not onely that which is Commanded by him that has right to punish, but also that which is delivered in a way of Counsell for our good; and therefore St. Paul does not bid kill him that disobeys, nor beat, nor imprison, nor amerce him, which Legislators may all do; but avoid his company, that he may bee ashamed: whereby it is evident, it was not the Empire of an Apostle, but his Reputation amongst the Faithfull, which the Christians stood in awe of.

The last place is that of Heb. 13.17. “Obey your Leaders, and submit your selves to them, for they watch for your souls, as they that must give account:” And here also is intended by Obedience, a following of their Counsell: For the reason of our Obedience, is not drawn from the will and command of our Pastors, but from our own benefit, as being the Salvation of our Souls they watch for, and not for the Exaltation of their own Power, and Authority. If it were meant here, that all they teach were Laws, then not onely the Pope, but every Pastor in his Parish should have Legislative Power. Again, they that are bound to obey, their Pastors, have no power to examine their commands. What then shall wee say to St. John who bids us (1 Epist. chap. 4. ver. 1.) “Not to beleeve every Spirit, but to try the Spirits whether they are of God, because many false Prophets are gone out into the world”? It is therefore manifest, that wee may dispute the Doctrine of our Pastors; but no man can dispute a Law. The Commands of Civill Soveraigns are on all sides granted to be Laws: if any else can make a Law besides himselfe, all Common-wealth, and consequently all Peace, and Justice must cease; which is contrary to all Laws, both Divine and Humane. Nothing therefore can be drawn from these, or any other places of Scripture, to prove the Decrees of the Pope, where he has not also the Civill Soveraignty, to be Laws.

The Question Of Superiority Between The Pope And Other Bishops The last point hee would prove, is this, “That our Saviour Christ has committed Ecclesiasticall Jurisdiction immediately to none but the Pope.” Wherein he handleth not the Question of Supremacy between the Pope and Christian Kings, but between the Pope and other Bishops. And first, he sayes it is agreed, that the Jurisdiction of Bishops, is at least in the generall De Jure Divino, that is, in the Right of God; for which he alledges S. Paul, Ephes. 4.11. where hee sayes, that Christ after his Ascension into heaven, “gave gifts to men, some Apostles, some Prophets, and some Evangelists, and some Pastors, and some Teachers:” And thence inferres, they have indeed their Jurisdiction in Gods Right; but will not grant they have it immediately from God, but derived through the Pope. But if a man may be said to have his Jurisdiction De Jure Divino, and yet not immediately; what lawfull Jurisdiction, though but Civill, is there in a Christian Common-wealth, that is not also De Jure Divino? For Christian Kings have their Civill Power from God immediately; and the Magistrates under him exercise their severall charges in vertue of his Commission; wherein that which they doe, is no lesse De Jure Divino Mediato, than that which the Bishops doe, in vertue of the Popes Ordination. All lawfull Power is of God, immediately in the Supreme Governour, and mediately in those that have Authority under him: So that either hee must grant every Constable in the State, to hold his Office in the Right of God; or he must not hold that any Bishop holds his so, besides the Pope himselfe.

But this whole Dispute, whether Christ left the Jurisdiction to the Pope onely, or to other Bishops also, if considered out of these places where the Pope has the Civill Soveraignty, is a contention De Lana Caprina: For none of them (where they are not Soveraigns) has any Jurisdiction at all. For Jurisdiction is the Power of hearing and determining Causes between man and man; and can belong to none, but him that hath the Power to prescribe the Rules of Right and Wrong; that is, to make Laws; and with the Sword of Justice to compell men to obey his Decisions, pronounced either by himself, or by the Judges he ordaineth thereunto; which none can lawfully do, but the Civill Soveraign.

Therefore when he alledgeth out of the 6 of Luke, that our Saviour called his Disciples together, and chose twelve of them which he named Apostles, he proveth that he Elected them (all, except Matthias, Paul and Barnabas,) and gave them Power and Command to Preach, but not to Judge of Causes between man and man: for that is a Power which he refused to take upon himselfe, saying, “Who made me a Judge, or a Divider, amongst you?” and in another place, “My Kingdome is not of this world.” But hee that hath not the Power to hear, and determine Causes between man and man, cannot be said to have any Jurisdiction at all. And yet this hinders not, but that our Saviour gave them Power to Preach and Baptize in all parts of the world, supposing they were not by their own lawfull Soveraign forbidden: For to our own Soveraigns Christ himself, and his Apostles have in sundry places expressely commanded us in all things to be obedient.

The arguments by which he would prove, that Bishops receive their Jurisdiction from the Pope (seeing the Pope in the Dominions of other Princes hath no Jurisdiction himself,) are all in vain. Yet because they prove, on the contrary, that all Bishops receive Jurisdiction when they have it from their Civill Soveraigns, I will not omit the recitall of them.

The first, is from Numbers 11. where Moses not being able alone to undergoe the whole burthen of administring the affairs of the People of Israel, God commanded him to choose Seventy Elders, and took part of the spirit of Moses, to put it upon those Seventy Elders: by which it is understood, not that God weakened the spirit of Moses, for that had not eased him at all; but that they had all of them their authority from him; wherein he doth truly, and ingenuously interpret that place. But seeing Moses had the entire Soveraignty in the Common-wealth of the Jews, it is manifest, that it is thereby signified, that they had their Authority from the Civill Soveraign: and therefore that place proveth, that Bishops in every Christian Common-wealth have their Authority from the Civill Soveraign; and from the Pope in his own Territories only, and not in the Territories of any other State.

The second argument, is from the nature of Monarchy; wherein all Authority is in one Man, and in others by derivation from him: But the Government of the Church, he says, is Monarchicall. This also makes for Christian Monarchs. For they are really Monarchs of their own people; that is, of their own Church (for the Church is the same thing with a Christian people;) whereas the Power of the Pope, though hee were S. Peter, is neither Monarchy, nor hath any thing of Archicall, nor Craticall, but onely of Didacticall; For God accepteth not a forced, but a willing obedience.

The third, is, from that the Sea of S. Peter is called by S. Cyprian, the Head, the Source, the Roote, the Sun, from whence the Authority of Bishops is derived. But by the Law of Nature (which is a better Principle of Right and Wrong, than the word of any Doctor that is but a man) the Civill Soveraign in every Common-wealth, is the Head, the Source, the Root, and the Sun, from which all Jurisdiction is derived. And therefore, the Jurisdiction of Bishops, is derived from the Civill Soveraign.

The fourth, is taken from the Inequality of their Jurisdictions: For if God (saith he) had given it them immediately, he had given aswell Equality of Jurisdiction, as of Order: But wee see, some are Bishops but of own Town, some of a hundred Towns, and some of many whole Provinces; which differences were not determined by the command of God; their Jurisdiction therefore is not of God, but of Man; and one has a greater, another a lesse, as it pleaseth the Prince of the Church. Which argument, if he had proved before, that the Pope had had an Universall Jurisdiction over all Christians, had been for his purpose. But seeing that hath not been proved, and that it is notoriously known, the large Jurisdiction of the Pope was given him by those that had it, that is, by the Emperours of Rome, (for the Patriarch of Constantinople, upon the same title, namely, of being Bishop of the Capitall City of the Empire, and Seat of the Emperour, claimed to be equal

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Law produceth,) but the inward conversion of the heart; which is not the work of Laws, but of Counsell, and Doctrine. And that of 2 Thess. 3.14. “If any man