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 to him,) it followeth, that all other Bishops have their Jurisdiction from the Soveraigns of the place wherein they exercise the same: And as for that cause they have not their Authority De Jure Divino; so neither hath the Pope his De Jure Divino, except onely where hee is also the Civill Soveraign.
His fift argument is this, “If Bishops have their Jurisdiction immediately from God, the Pope could not take it from them, for he can doe nothing contrary to Gods ordination;” And this consequence is good, and well proved. “But, (saith he) the Pope can do this, and has done it.” This also is granted, so he doe it in his own Dominions, or in the Dominions of any other Prince that hath given him that Power; but not universally, in Right of the Popedome: For that power belongeth to every Christian Soveraign, within the bounds of his owne Empire, and is inseparable from the Soveraignty. Before the People of Israel had (by the commandment of God to Samuel) set over themselves a King, after the manner of other Nations, the High Priest had the Civill Government; and none but he could make, nor depose an inferiour Priest: But that Power was afterwards in the King, as may be proved by this same argument of Bellarmine; For if the Priest (be he the High Priest or any other) had his Jurisdiction immediately from God, then the King could not take it from him; “for he could do nothing contrary to Gods ordinance: But it is certain, that King Solomon (1 Kings 2.26.) deprived Abiathar the High Priest of his office, and placed Zadok (verse 35.) in his room. Kings therefore may in the like manner Ordaine, and Deprive Bishops, as they shall thinke fit, for the well governing of their Subjects.
His sixth argument is this, If Bishops have their Jurisdiction De Jure Divino (that is, immediately from God,) they that maintaine it, should bring some Word of God to prove it: But they can bring none. The argument is good; I have therefore nothing to say against it. But it is an argument no lesse good, to prove the Pope himself to have no Jurisdiction in the Dominion of any other Prince.
Lastly, hee bringeth for argument, the testimony of two Popes, Innocent, and Leo; and I doubt not but hee might have alledged, with as good reason, the testimonies of all the Popes almost since S. Peter: For considering the love of Power naturally implanted in mankind, whosoever were made Pope, he would be tempted to uphold the same opinion. Neverthelesse, they should therein but doe, as Innocent, and Leo did, bear witnesse of themselves, and therefore their witness should not be good.
Of The Popes Temporall Power
In the fift Book he hath four Conclusions. The first is, “That the Pope in not Lord of all the world:” the second, “that the Pope is not Lord of all the Christian world:” The third, “That the Pope (without his owne Territory) has not any Temporall Jurisdiction DIRECTLY:” These three Conclusions are easily granted. The fourth is, “That the Pope has (in the Dominions of other Princes) the Supreme Temporall Power INDIRECTLY:” which is denyed; unlesse he mean by Indirectly, that he has gotten it by Indirect means; then is that also granted. But I understand, that when he saith he hath it Indirectly, he means, that such Temporall Jurisdiction belongeth to him of Right, but that this Right is but a Consequence of his Pastorall Authority, the which he could not exercise, unlesse he have the other with it: And therefore to the Pastorall Power (which he calls Spirituall) the Supreme Power Civill is necessarily annexed; and that thereby hee hath a Right to change Kingdomes, giving them to one, and taking them from another, when he shall think it conduces to the Salvation of Souls.
Before I come to consider the Arguments by which hee would prove this doctrine, it will not bee amisse to lay open the Consequences of it; that Princes, and States, that have the Civill Soveraignty in their severall Common-wealths, may bethink themselves, whether it bee convenient for them, and conducing to the good of their Subjects, of whom they are to give an account at the day of Judgment, to admit the same.
When it is said, the Pope hath not