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.

§. V. Iohn Gerson.

48. HAuing thus farre declared the iudgement of the Church of Rome, assembled in diuers Councels: now let vs consider how in particular, the learned men of these ages stood affected in this question: and who they were that tooke part with these Councels to aduance the authoritie of the Church aboue the Pope: for they who followed the Pope in this faction were onely Friars and flatterers; but on the o∣ther side were these, as then, the great lights of Christendome for learning, that I may of many remember a few.

49. First Iohn Gerson, a man of great authoritie in the Coun∣cell of Constance: who hath written diuers bookes, wherein he preferreth the authority of a Councell, before the Popes au∣thoritie, and speaketh much otherwise of Iurisdiction, then the Court of Rome vseth now to speake. His booke De potestate Ecclesiastica, was pronounced and approued in the Councell of Constance, in the yeere of Christ, one thousand foure hundred and seuenteene; as in the end thereof appeareth: from whence I will obserue some things, declaring his iudgement in our que∣stion of Iurisdiction. First he describeth that spirituall power which Christ hath left to his Church, thus: Potestas Ecclesiastica* 1.1 est potestas quae à Christo supernatur aliter & specialiter collata est suis Apostolis & discipulis, ac eorū successoribus legitimis vs{que} ad finē saecul•…•…, •…•…d aedificationē Ecclesiae militantis secundū leges Euangelicas pro 〈◊〉〈◊〉 faelicitatis aeternae. That is, [Ecclesiasticall power, is a power supernaturally & especially giuen by Christ to his A∣postles and Disciples, and their lawfull successors vnto the end of the world, for the edification of the Church Militant, accor∣ding to the Euangelicall lawes, for the obteining of eternall life.] This power we acknowledge with Gerson, nay with all the auncients, who speake no otherwise of the power which Christ hath committed to his Church. But then we wish that our aduersaries might vnderstand how they wander in igno∣rance and confusion: confounding this power which is spiritu∣all,

executed secundum leges Euangelicas, with that power which is coactiue and executed secundum leges Canonicas. It is their common manner to confound these things, and thereby to per∣plexe themselues and their readers: but of all that euer I read,* 1.2 he surpasseth; who calleth himselfe the Catholike diuine: for confused & vnlearned handling of these things. Then the power which Christ left to his Church, is practised secundum leges E∣uangelicas: this is the true power of the Church. But our que∣stion hath beene altogether of Iurisdiction coactiue, execu∣ted not secundum leges Euangelicas, therefore not giuen by Christ to his Church: but belonging to such lawes, to whom all coact•…•…ue power peculiarly belongeth.

50. Of this coactiue power, the same Gerson saith thus:* 1.3 Potestas Ecclesiastica Iurisdictionis in foro exteriori, est potest as Ec∣clesiastica coactiua, quae valet exerceri in alterum etiam inuitum. That is, [Ecclesiasticall power of Iurisdiction in the exteriour Court, is an Eccle•…•…iasticall power coactiue, which may be ex∣ercised against another, though it be against his will.] And a little after, speaking of the same coactiue power, he saith: Po∣testas haec Iurisdictionis Ecclesiasticae adeo vicina est Iurisdictioni faeculari & politicae, quodlaicis imò & mulieribus pleruin{que} & in multis casibus communicari potest executio vel commi•…•…ti. That is, [This power of Ecclesiasticall Iurisdiction, commeth so neere to secular and Ciuill Iurisdiction, that the execution hereof may be communicated or committed for the most part, and in many cases to Lay-men, yea euen to women.] Then this power is not from Christ directed to Church-gouernours, which may be ex∣ecuted by Lay-men, and women. For Christ gaue no Iurisdi∣ction to his Church, which may be executed by such. Now if this coactiue Iurisdiction may be executed by Lay-men: why not by Magistrates? If by women, (of which thing most of the Popish writers are agreed) how then standeth it against the lawes of nature, and grace, the Ciuill and the Canonicall lawes, and I know not what other lawes, as the Catholicke diuine telleth vs, that a woman should haue this Iurisdiction? for if a woman may be a Magistrate, it must needs follow that a woman may haue that power which God hath giuen to Magi∣strates.

51. Gerson speaking of the power of the Church, not this coactiue, but that which is giuen, secundum leges Euangelicas, declareth that it is founded vpon the text of Mat. 18. Dic Ec∣clesiae,* 1.4 &c. Funda•…•…ur in hoc textu, saith he, Plenitudo potestatis gla∣dis spiritualis & executio eius in Ecclesia super quemlibet Christia∣num, quiest frater noster, etiam si Papa fuerit: nec accipiendum hic, dic Ecclesiae, id est Papae; quia Christus Petro loquebatur qui non dixisset sibi ipsi. That is, [The fulnesse of the spirituall sword aboue any Christian that is our brother, though he be a Pope, is founded vpon this Text: neither must we take it so, tell the Church, that is the Pope: for Christ spake this to Peter, who was not bidden to tell it to himselfe.] He declareth also, and much complaineth that the Ecclesiasticall Iurisdiction was by the practise of Popes, intruding •…•…pon Ciuill Gouernment; so strangely confounded, that a man could not in those dayes de∣cerne the difference betweene the right of the Church and of Princes. Potestatem Ecclesiasticam confundit magna caligine •…•…upi∣ditas* 1.5 ambitiosa, quaerens quae sua sunt, & quae crescentibus benefic•…•…o∣rum dotationibus impudenter excreuit: Ita vt vix decerni modo possit, quid ex primaria institutione Christi, vel inuariabil•…•… iure diui∣no tenendum sit. That is, [Ambitious coueteousnesse seeking her owne, and impudently inlarging her power as the dotation of benefices increased, hath confounded the Ecclesiasticall power with a great mist: So that now it may scarsely bee decerned, what we are to hold of the first institution of Christ, or by the inuariable diuine law.] Then this Iurisdiction was by the Popes hurled into such a confusion, that men of the best learning were much troubled with distinguishing this confused masse. And so farre did this confusion growe by meanes of the Canonistes extolling▪ the Popes Iurisdiction without measure, that the same Author was forced to complaine bitterly thereof thus: Hinc •…•… quiuocatio per dominos iuristas, qui loquentes de plenitudine* 1.6 Ecclesiasticae po•…•…estatis Papalis, solum loqui videntur de potestate Iurisdictionis: ex qua locutione videtur haec absurditas sequi, quod purè Laicus, imo & foemina posset esse Papa, & habere plenitudinem Ecclesiasticae potestatis. That is, [Hence commeth equiuocation induced by my masters the Canonists, who speaking of the ful∣nesse

of the Papall Ecclesiasticall power, seeme to speake onely of the power of Iurisdiction: by which speech this absurdity seemeth to follow, that a pure Lay-man, yea a wòman may be Pope, and haue the fulnesse of Ecclesiasticall power.

52. And thus, I trow, they will bring their Iurisdiction to a faire issue: that if wee should graunt it, as they claime it, this inference must also goe with it; that a Lay man or a woman may be Pope; were it not much better to giue to each his own right, to the Magistrate all power coactiue, to the Church po∣wer ouer the soules of men according to the lawes of the Gos∣pell: then to follow all these absurd fancies, by taking away from the Church and Magistrates their distinct rights, and cast∣ing a new, vnlawfull, confounded Iurisdiction vpon the Pope? And that we may vnderstand how the Papal Iurisdiction grew onely by the Popes flatterers, of such knaues he saith thus: A∣dulatio negat Papāposse Simoniacam committere, quoniam sua sunt omnia Ecclesiastica bona: concedit quod super 〈◊〉〈◊〉 est, potens ab alte∣ro* 1.7 ius suum tollere, & quod nec ab eo appellari, ne{que} eum iudic•…•…ali∣ter euocari, nec obeaientiam ab •…•…o sub•…•…rahi: hic 〈◊〉〈◊〉 symbolum fi∣de•…•… condere, hic solus causas eiusdem fidei tractare potest. Solus de∣finitiones, regulas, leges, & Canones condit: alioquin quic quid per a∣lios definitur, statuitur &c. irritum est, fallor si non ante celebratio∣nem huius Concilij Constantiensis sic occupauerat mentes plurimo∣rum ista traditio, vt oppositorum dogmatizatio fuisse•…•… de heretic•…•… prauitate vel notata, vel damnata. That is [Flatterie denieth that the Pope can commit Simony, because al Ecclesiastical goods are his: it graunteth that the Pope is aboue law, able to take from a man his right, and that neither an appeale may be made from him, neither may he be called iudicially to triall, nor obe∣dience be drawne from him: he onely must make Articles of faith: he onely must determine the causes of faith: onely hee must make definitions, rules, laws, and Canons: otherwise what∣soeuer is defined, ordeined by other, &c. it is voide. I am decei∣ued if before the celebration of this Councell of Constance this tradition did not possesse the mindes of most men, insomuch that they who taught otherwise, were noted, or condemned for hereticall prauity.]

53. In these words some things are obseruable: First, That this vnlimited Iurisdiction is giuen to the Pope onely by base fellows, flattering knaues, against the iudgement of the learned and graue men of the Church of Rome, and against the iudge∣ment of these Councels: Secondly, that the iudicious and graue men of this age, as Gerson and such like, yea all that were assem∣bled in this Councell, were noted by these base flatterers, and suspected or condemned of heresie. The Pope and his flatte∣rers wanted no good will then, to haue made them al hereticks. And it is to be obserued that the heresie which most of all trou∣bled the Pope with his flatterers, stood in this pretensed Iuris∣diction: for this is the cause wherefore flatterie, as Gerson saith, would haue imputed hereticall prauity to the Councell: Third∣ly, and last of all, the distinction betweene the Church of Rome and the Court of Rome, wherof we haue so often spoken, is here againe confirmed. For these flatterers stood for the Popes Iu∣risdiction against the Church of Rome heere assembled in a Councell: but howsoeuer they haue preuailed since, wee see heere that by the Church of Rome, they were accounted then but a base companie of flatterers. These bee they who after∣ward preuailed in the Councell of Trent, lifting vp the priui∣ledges of the Pope aboue the Church: And this is that Church on the other side, which then was in danger to be pronounced heretickes by the Pope, and these who are marked and bran∣ded, not by me, but by Gerson, Cusanus, Aeneas Siluius, and the rest of both these Councels of Constance and Basil, to bee no better then a generation of base flatterers.

54. Then there is no great thing done, or at which the world may maruel, when we see the reformed Churches at this day accounted heretickes by the Pope and his flatterers: for this was a thing long looked for. The Church did beare the pride of the Pope, the ignorance and insolency of his flatterers, as long as she could indure it. And when there was no reme∣die, made a separation indeede from the Pope, and his flatte∣rers, holding on still in the auncient waies of our fathers, who haue from time to time made resistance against the Pope and his seruants: from which auncient way of our forefathers, from

their profession, sense, iudgement and religion, the Councell of Trent hath made a famous defection, hauing declined and tur∣ned aside from the ancient and constant profession of the truth, in doctrine and Iurisdiction, vnto these new and straunge deui∣ses taken vp of late, and inuented by Friars and flatterers of the Court of Rome. This defection which the Pope hath made from the Church, and the Church from him, was long before looked for: and diuers did speake of it, before it came to passe: as Mat. Paris declareth, that some feared it might haue beene done by Bishop Grost head, so Cardinall Cusanus declareth, as hereafter we are to shew, how the Church may depart from the Pope.

55. The same Gerson saith also: Concilium generale potesta∣tem* 1.8 à Christo immediatè habet, cui quilibet cuiuscun{que} status eti∣amsi Papalis existat obedire tenetur, in his quae ad fidem & extir∣pationem schismat is pertinent. That is, [A generall Councell hath power immediatly from Christ; whereunto euery man is bound to obey in things concerning faith, and the extirpation of Schisme, of what state soeuer he be, though a Pope.] And he addeth thus much: Saluberima haec determinatio lex funda∣mentalis & velut infallibilis aduersus monstrosum horrendù{que} of∣fendiculum, quod positum erat per multos determinantes ex texibus grossè non ad regulam Euangelicam acceptis, &c. generale conci∣lium totum â Papa robur immeditate sumere. That is, [This most sound determination is a sundamentall law, and as it were in∣fallible against that monstrous and horrible offence, which is giuen by many, concluding from texts grossely vnderstood, and not according to the Euangelicall rule, &c. That a generall Councell receiueth all strength immediatly from the Pope.] In which wordes hee obserueth that the Popes flatterers, who brought in this Papall Iurisdiction aboue the Church & Coun∣cels, did induce hereby a monstrous and horrible offence in the Church. This offence, saith hee, was giuen by such as would proue this Iurisdiction from certaine texts of Scripture, as: Tu es Petrus, & super hanc Petram aedisicubo Ecclesiam meam: and, oraui pro te Petre, &c. And such like which are wire-drawen to countenance this Papall Iurisdiction. Which texts, saith Ger∣son,

are grossely taken by these flatterers, and not according to the rule of the Gospell. And seeing we finde that the Iesuites at this day haue no other ground for the Popes Iurisdiction, then the same texts by them and their forefathers distorted in∣to a wrong sense, as it is obserued by our forefathers against them: let the Iesuites know themselues to be the generation of those that haue distorted the holy Scriptures, and thereby brought a monstrous and damnable offence into the Church. Gerson presenly after this declareth, that against these flatterers, the reuerend Cardinall Cameracensis (whom he calleth his wor∣thy master) did write in defence of the truth. Scripsit (saith he) super hanc materiam reuerendiss. pater dominus Cardinalis Came∣racensis praceptor meus inclytus: which booke of Cameracensis, if it be extant (for I could not see it, though I much desired) I suppose might make these flatterers to be better knowen, and the right of the Church more strongly confirmed.

56. Gerson proceedeth, and of that Iurisdiction which the* 1.9 Pope claimeth by imposing his Canon lawes vpon other Prin∣ces, he saith: Papa non debet 〈◊〉〈◊〉 vt Canones positi aut alienae tra∣ditiones humanae•…•…nuariabiluer obseruentur per omnes nationes. That is, [The Pope ought not to striue to impose his Canons, or that other humane traditions bee kept inuariable of all nations.] Where he declareth that this imposing of the Popes Iurisdicti∣on vpon other nations, gaue occasion to the Greekes to make a separation from the Latins, and daily ministreth occasions of contention through Christendome. In the same Booke which he Intituleth, De •…•…uferibilitate Papae, he holdeth positiuely, that howsoeuer in some other respects there might be some vse of a Pope, yet concerning this our question of Iurisdiction, the Pope with all his pretensed Iurisdiction might be vtterly re∣moued from the Church, his position is: Auferibilis est Papa* 1.10 per gener•…•…le concilium perpetuo, 〈◊〉〈◊〉 adtempus, quoad ea omnia quae sunt •…•…urisdictionis. That is, [The Pope may be remooued by a generall Councell, either for euer, or for a time, in respect of all things pertaining to Iurisdiction.] Now if the Pope may be remoued from the Church, in respect of Iurisdiction, then the Canonists are quite put downe, who hold that the very essence

of the Papacy standeth in Iurifdiction. Further concerning this question of Iurisdiction, the same Iohn Gerson hath made a Treatise, wherein he hand•…•…eth this question, An liceat in causis fidei a summo Po•…•…tifice appellare? Wherein he determineth, that a man may appeale from the Pope.

Notes

• * 1.1

  Gerson de potest▪ Eccles. consid. •…•….
• * 1.2

  Answere to the fift part of Reports.
• * 1.3

  De potest. Eccles. consid. 4.
• * 1.4

  Ibid. consid. 4.
• * 1.5

  Ibid. consid. 8.
• * 1.6

  Ibid. consid. 10.
• * 1.7

  Ibid. consid. 12.
• * 1.8

  Serm. pro viagio reg. Rom. direc. 1
• * 1.9

  Lib. de auferebi∣lit. Pap. consid. 8.
• * 1.10

  Ibid. consid. 15.