Chapter 11: Of the Jurisdiction of the Church, and the Abuse Thereof, Such as Is Seen in the Papacy

Now remains the third part of the power of the Church, indeed the chief part in a well-ordered state, which we have said to consist in jurisdiction. The whole jurisdiction of the Church pertains to the discipline of manners, of which we shall treat presently. Forasmuch as no city or town can stand without magistrate and policy, so the Church of God (as I have already taught, but now I am compelled to repeat it again) needs her certain spiritual policy — but such as is utterly severed from the civil policy, and so does nothing hinder or diminish it, but rather does much help and further it. Therefore this power of jurisdiction shall in sum be nothing else but an order framed for the preservation of spiritual policy. To this end, from the beginning, judicial orders were ordained in churches, which might use examination of manners, correct vices, and exercise the office of the keys. This order Paul speaks of in the Epistle to the Corinthians, when he names governments. Again, to the Romans, when he says: let him that rules, rule in carefulness. For he speaks not to the magistrates (for at that time there were no Christian magistrates), but to them that were joined with the pastors for the spiritual government of the Church. Also in the Epistle to Timothy, he makes two sorts of elders: some that labor in the word, and others that do not use the preaching of the word, and yet do rule well. By this latter sort it is no doubt that he means them that were appointed to look to manners, and to the whole use of the keys. For this power, of which we now speak, hangs wholly upon the keys which Christ gave to the Church, in the 18th chapter of Matthew, where he commands that they should be sharply admonished in the name of the whole Church who have despised private admonitions — but if they go forward in their obstinacy, he teaches that they should be put out of the fellowship of the faithful. But these admonitions and corrections cannot be without knowledge of the cause; therefore there is need of both some judgment and order. Therefore, unless we will make void the promise of the keys, and take utterly away excommunication, solemn admonitions, and all such things whatever they be, we must needs give to the Church some jurisdiction. Let the readers note that that passage treats not of the general authority of doctrine, as in the 16th chapter of Matthew, and the 21st of John — but that the power of the Synagogue is for the time to come transferred to the flock of Christ. Until that day the Jews had their order of governing, which Christ establishes in his Church, and it with great penalty, so much as concerns the pure institution of it. For so it behooved, forasmuch as otherwise the judgment of an ignoble and disregarded congregation might be despised by rash and proud men. And that it should not encumber the readers, that Christ does in the same words express things somewhat differing one from the other, it shall be profitable to dissolve this doubt. There are therefore two places that speak of binding and loosing. The one is in the 16th chapter of Matthew, where Christ, after he had promised that he would give to Peter the keys of the kingdom of heaven, immediately adds that whatever he shall bind or loose on earth shall be confirmed in heaven. In which words he means no other thing than he does by other words in John, when sending his disciples to preach — after he had breathed upon them he said: whose sins you forgive, they shall be forgiven, and whose you retain, they shall be retained in heaven. I will bring an exposition not subtle, not forced, not wrested, but natural, flowing, and offering itself. This commandment of forgiving and retaining sins, and that promise of binding and loosing made to Peter, ought to be referred to no other thing but to the ministry of the word — which when the Lord committed to the Apostles, he did therewith also arm them with this office of binding and loosing. For what is the sum of the Gospel, but that we all, being the bondservants of sin and of death, are loosed and made free by the redemption that is in Christ Jesus — and that they which do not receive nor acknowledge Christ their deliverer and redeemer, are damned and adjudged to everlasting bonds? When the Lord delivered this message to his Apostles, to be carried into all nations, to confirm that it was his own and proceeding from himself, he honored it with this noble testimony — and that to the singular strengthening both of the Apostles themselves, and of all those to whom it should come. It behooved that the Apostles should have a steadfast and sound certainty of their preaching, which they should not only execute with infinite labors, cares, troubles, and dangers, but also at last seal it with their blood. That they might know the same to be not vain nor void, but full of power and force — it behooved that in such great carefulness, in such great hardness of things, and in such great dangers, they should be persuaded that they did the business of God: that when all the world withstood them and fought against them, they should know that God stood on their side: that having not Christ the author of their doctrine present by sight on earth, they should understand him to be in heaven, to confirm the truth of the doctrine which he had delivered them. It behooved again that it should also be most certainly proved by testimony to the hearers, that that doctrine of the Gospel was not the word of the Apostles, but of God himself — not a voice bred on earth, but come down from heaven. For these things — the forgiveness of sins, the promise of everlasting life, the message of salvation — cannot be in the power of man. Therefore Christ has testified that in the preaching of the Gospel there is nothing of the Apostles but the only ministry — that it was he himself who spoke and promised all things by their mouths as by instruments, and therefore that the forgiveness of sins which they preached was the true promise of God, and the damnation which they pronounced was the certain judgment of God. But this testifying is given to all ages, and remains in force to certify and assure all men that the word of the Gospel, by whatever man it be preached, is the very sentence of God, published at the sovereign judgment seat, written in the book of life, ratified, firm, and fixed in heaven. Thus we see that in those places the power of the keys is nothing but the preaching of the Gospel, and that it is not so much a power as a ministry, if we have respect to men. For Christ has not given this power properly to men, but to his own word, of which he has made men ministers.

The other place which we have said to be, concerning the power of binding and loosing, is in the 18th chapter of Matthew, where Christ says: If any brother hear not the Church, let him be to you as a heathen man or a publican. Truly I say to you: whatever you bind upon earth, shall be bound also in heaven: whatever you loose shall be loosed. This place is not altogether like the first, but is a little otherwise to be understood. But I do not so make them diverse, that they have not great affinity together. This first point is like in both, that either of them is a general sentence: that in both there is always all one power of binding and loosing, namely by the word of God, all one commandment, all one promise. But herein they differ, that the first place peculiarly belongs to preaching, which the ministers of the word do execute: this later place to the discipline of Excommunication, which is committed to the Church. The Church binds, whom she excommunicates: not that she throws him into perpetual ruin and despair, but because she condemns his life and manners, and unless he repent, does already warn him of his damnation. She looses whom she receives into communion: because she does make him as it were partaker of the unity which she has in Christ Jesus. Therefore that no man should obstinately despise the judgment of the Church, or little regard that he is condemned by the consenting voices of the faithful: the Lord testifies that such judgment of the faithful is nothing else but a publishing of his own sentence: and that whatever they do in earth, is confirmed in heaven. For they have the word of God, whereby they may condemn the perverse: they have the word, whereby they may receive the repentant into grace. And they cannot err, nor dissent from the judgment of God: because they judge not but after the law of God, which is not an uncertain or earthly opinion, but the holy will of God, and a heavenly Oracle. Out of these two places, which I think I have both briefly and familiarly and truly expounded, those furious men without difference as they are carried with their own giddiness, go about to establish sometimes confession, sometimes excommunication, sometimes jurisdiction, sometimes the power to make laws, sometimes pardons. But the first place they allege to establish the supremacy of the See of Rome: they can so well skill to fit their keys to all locks and doors, that a man may say they have practiced smith's craft all their life.

For whereas many think that those things endured but for a time, when the Magistrates were yet strangers from the profession of our religion: they are deceived in this, that they consider not, how great difference and what manner of unlikeness there is of the Ecclesiastical and civil power. For the Church has not the power of the sword to punish or restrain, no empire to command, no prison, no other pains which the Magistrate is wont to lay upon men. Again, it tends not to this end, that he that has sinned should be punished against his will, but should with willing chastisement profess his repentance. Therefore there is a far diverse order: because neither does the Church take to itself anything which properly belongs to the Magistrate, nor the magistrate can execute that which the Church does. This shall be made plainer by an example. Is any man drunk? In a well ordered city prison shall be his punishment. Has he committed fornication? He shall have like, or rather greater punishment. So shall both the laws, and the magistrate, and the outward judgment be satisfied. But it may be that he shall give no signification of repentance, but rather murmur and grudge against it. Shall the Church in this case do nothing? But such cannot be received to the Supper, without doing wrong both to Christ and his holy institution. And reason requires this, that he which offends the Church with an evil example, should with solemn declaration of repentance take away the offence which he has raised. The reason which they bring that are of contrary opinion, is too cold. Christ, say they, committed these doings to the Church, when there was no magistrate to execute them. But it happens oftentimes that the magistrate is more negligent, indeed sometimes perhaps that himself is to be chastised, which happened to the Emperor Theodosius. There may beside this as much be said of the ministry of the word. Now therefore after their sentence, let pastors cease to blame manifest wicked doings, let them cease to chide, to reprove, to rebuke: for there are Christian magistrates, which ought to correct these things with the laws and with the sword. But as the Magistrate ought by punishing, and by restraining with force, to purge the Church of offenses: so likewise the minister of the word for his part ought to help the magistrate that there may not so many offend. So ought their workings to be conjoined, that the one may be a help, not a hindrance to the other.

And truly if a man more nearly weighs the words of Christ, he shall easily perceive that in these places is described a settled state, and a perpetual order of the Church, not such as endures but for a time. For it is not meet that we should accuse them to the magistrate, that will not obey our admonitions: which yet should be necessary if the magistrate succeeded into the office of the Church. What is this promise? Shall we say that it is a promise of one or a few years? Verily verily I say to you, whatever you bind in earth? Moreover Christ did here institute no new thing, but followed the custom always observed in the ancient Church of his own nation: whereby he signified that the Church cannot want the spiritual jurisdiction, which had been from the beginning. And this has been confirmed by the consent of all times. For when Emperors and magistrates began to profess Christ, the spiritual jurisdiction was not by and by abolished: but only so ordered, that it should diminish nothing of the civil jurisdiction, or be confounded with it. And rightfully. For the magistrate, if he be godly, will not exempt himself from the common subjection of the children of God, whereof it is not the last part to submit himself to the Church, judging by the word of God: so far is it off, that he ought to take away the order of judgment. For what is more honorable (says Ambrose) for the Emperor than to be called the son of the Church? For a good Emperor is within the Church, not above the Church. Therefore they, which to honor the magistrate do spoil the Church of this power, do not only with false exposition corrupt the sentence of Christ, but also do not slenderly condemn so many holy bishops which have been from the time of the Apostles, that they have by false pretense usurped the honor and office of the magistrate.

But on the other side it is good to see this, what was in old time the true use of the jurisdiction of the Church, and how great abuse has crept in, that we may know what is to be abrogated, and what is to be restored of antiquity, if we will overthrow the kingdom of Antichrist, and set up the true kingdom of Christ again. First this is the mark to be shot at, that offenses be prevented, and if any offense has risen up, that it may be abolished. In the use two things are to be considered: first, that this spiritual power be altogether severed from the power of the sword: then, that it be not executed by the will of one man, but by a lawful assembly. Both these things were observed in the purer Church. For the holy bishops did not exercise their power with fines, or imprisonments, or other civil punishments: but they used the only word of the Lord, as they ought to do. For the severest revenge, and as it were the uttermost thunderbolt of the Church is Excommunication, which is not used but in necessity. But this requires neither force nor strong hand, but is content with the power of the word of God. Finally the jurisdiction of the old Church was nothing else but a declaration in practice (as I may so call it) of that which Paul teaches concerning the spiritual power of pastors. There is (says he) power given to us, whereby we may throw down strongholds, whereby we may make low all height that lifts up itself against the knowledge of God, whereby we may subdue all thought, and may lead it captive into the obedience of Christ, and we have in readiness a revenge against all disobedience. As this is done by the preaching of the doctrine of Christ: so, lest the doctrine should be scorned, according to that which is taught ought they to be judged which profess themselves of the household of faith. But that cannot be done, unless there be joined with the ministry a power to call them that are to be privately admonished, or to be more sharply corrected, and also a power to exclude them from the Communion of the Supper, which cannot be received without profaning of so great a mystery. Therefore when in another place he says that it belongs not to us to judge strangers, he makes the children subject to the censures of the Church, which may chastise their faults: and he secretly signifies that there were then judicial orders in force from which none of the faithful was free.

But such authority (as we have declared) was not in the power of one man, to do every thing according to his own will: but in the power of the assembly of the Elders, which was the same thing in the Church that a Senate is in a City. Cyprian, when he makes mention by whom it was exercised in his time, uses to join the whole Clergy with the Bishop. But in another place also he shows, that the very clergy so governed, that in the mean time the people was not excluded from the hearing of matters. For thus he writes: Since the beginning of my bishopric I have determined to do nothing without the counsel of the clergy and consent of the people. But this was the common and usual manner, that the jurisdiction of the Church should be exercised by a Senate of Elders: of whom (as I have said) there were two sorts: For some were ordained to teaching, and other some were only judges of manners. By little and little this institution grew out of kind from the first beginning of it: so that even in the time of Ambrose only clerks were judges in ecclesiastical judgements. Which thing he himself complains of in these words: The old Synagogue (says he) and since that time the Church has had Elders, without whose counsel nothing was done. Which by what negligence it is grown out of use, I know not, unless perhaps by the slothfulness or rather the pride of the teachers, while they alone would be thought to be somewhat. We see how much the holy man is displeased, that any thing of the better state is decayed, when notwithstanding they had yet continuing an order that was at the least tolerable. What then would he do if he saw these deformed ruins that show almost no sign of the old building? What bewailing would he use? First against law and right, the Bishop has claimed to himself alone, that which was given to the whole Church. For it is like as if the Consul, driving out the Senate, should take the empire upon himself alone. But as he is above the rest in honor, so in the whole assembly is more authority than in one man. Therefore it was too wicked a deed, that one man, removing the common power to himself, has both opened an entry to tyrannous lust, and has taken from the Church that which belonged to her, and has suppressed and put away the assembly ordained by the Spirit of Christ.

But (as of one evil always grows another) Bishops disdaining it as a thing unworthy of their care, have committed it over to others. Hereupon are created Officials to serve that room: I do not yet speak what kind of men they be, but only this I say, that they nothing differ from profane Judges. And yet they still call it a spiritual jurisdiction, where men contend about nothing but earthly matters. Although there were no more evil, with what face dare they call a brawling court the judgment of the Church? But there are monitions, there is excommunication. So verily they mock with God. Does a poor man owe a little money? He is cited: if he appear, he is condemned. When he is condemned, if he does not satisfy it, he is admonished: after the second monition they proceed one step toward excommunication: if he appear not, he is admonished to come and yield himself to judgment: if he then make delay, he is admonished, and by and by excommunicated. I beseech you, what is there any thing like either to the institution of Christ, or to the ancient manner, or to an Ecclesiastical order? But there is also correction of vices. But how? Verily they not only suffer but with secret allowance do after a certain manner cherish and confirm adulteries, wantonness, drunkenness and such kind of mischievous doings: and that not only in the common people, but also in the clergy themselves. Of many they call a few before them, either that they should not seem slothful in winking at them, or that they may milk out some money. I speak not of the pillages, robberies, briberies, and sacrileges that are gathered thereby, I speak not what manner of men are for the most part chosen to this office. This is enough and too much, that when the Romanists do boast that their jurisdiction is spiritual, it is easy to show that there is nothing more contrary to the order instituted by Christ, and that it has no more likeness to the ancient custom than darkness has to light.

Although we have not spoken all things that might be alleged for this purpose, and those things that we have spoken of are knit up in few words: yet I trust that we have so fought it out, that there is now no more cause why any man should doubt, that the spiritual power of which the Pope with all his kingdom proudly glories, is wicked against God, and an unjust tyranny over his people. Under the name of spiritual power I comprehend both boldness in framing new doctrines, wherewith they have turned away the simple people from the natural purity of the word of God, and the wicked traditions wherewith they have snared them, and also the false ecclesiastical jurisdiction which they execute by Suffragans and Officials. For if we grant to Christ a kingdom among us, it is not possible but that all this kind of dominion must immediately be overthrown and fall down. As for the power of the sword which they also give to themselves, because it is not exercised upon consciences, it pertains not to our present purpose to speak of it. In which regard yet it is also to note, that they are always like themselves, truly nothing less than that which they would be taken for, that is to say, Pastors of the Church. Neither do I blame the peculiar faults of men, but the common wickedness of the whole order, indeed the very pestilence of the order: since it is thought that the same should be maimed, unless it be gloriously set forth with wealth and proud titles. If we require the authority of Christ concerning this matter, it is no doubt but that his mind was to debar the ministers of his word from civil dominion and earthly government, when he said, The kings of the Gentiles bear rule over them: but you shall not so. For he signifies not only that the office of Pastor is distinct from the office of a Prince, but that they are things so severed, that they cannot meet together in one man. For whereas Moses did bear both the offices together: first, that was done by a rare miracle: again, it was but for a time till things were better set in order. But when a certain form was once prescribed by God, the civil government was left to him, and he was commanded to resign the priesthood to his brother. And worthily. For it is above nature, that one man should suffice to bear both burdens. And this has in all ages been diligently observed in the Church. And there was never any of the Bishops, so long as the true form of the Church endured, that once thought of usurping the power of the sword: so that this was a common proverb in the time of Ambrose, that Emperors rather coveted the priesthood, than priests the empire. For this which he afterward says, was imprinted in the minds of all men: that palaces pertained to the Emperor, and Churches to the priest.

But since a way has been devised, whereby Bishops might hold the title, honor, and riches of their office without burden or care: lest they should be left altogether idle, the power of the sword was given them, or rather they did by usurpation take it upon themselves. By what color will they defend this shamelessness? Was this the duty of Bishops to wrap themselves with judicial hearing of causes, with the governments of cities and provinces, and through large circuits to meddle in businesses so unpertaining to them: who have so much work and business in their own office, that if they were wholly and continually occupied in it, and were drawn away with no callings from it, yet they were scarcely able to satisfy it? But (such is their waywardness) they stick not to boast, that by this means the Church does flourish according to her worthiness, and that they themselves in the meantime are not too much drawn away from the duties of their vocation. As touching the first point: if this be a fitting ornament of the holy office, that they be advanced to such height, that the highest monarchs may stand in fear of them: then they have cause to quarrel with Christ, who has in such sort grievously pinched their honor. For, at least in their opinion, what could have been spoken more dishonorably than these words: The kings of the Gentiles and princes bear rule over them, but you shall not so? And yet he laid no harder law upon his servants than he first laid and received upon himself. Who (says he) has made me a judge or divider among you? We see that he plainly puts away from himself the office of judging, which he would not do if it were a thing agreeing with his office: will not the servants suffer themselves to be brought into that order, to which the Lord has yielded himself subject? As for the other point, I would to God they could so prove it in experience as it is easy to speak it. But since the Apostles thought it not good, to leave the word of God and minister at tables: thereby, because they will not be taught, they are convinced, that it is not all one man's work to be both a good Bishop and a good Prince. For if they (who according to the largeness of the gifts wherewith they were endued, were able to satisfy more and greater cares than any men that have been born since them) have yet confessed that they cannot at once apply the ministry both of the word and of tables, but that they should faint under the burden: how could these that are men of no valor in comparison of the Apostles a hundredfold excel the industry of the Apostles? Truly, to attempt it was a point of most shameless and too presumptuous boldness: yet we see that it has been attempted: but with what success, it is evident. For it could not otherwise come to pass, but that forsaking their own office they should move into other men's charge.

And it is no doubt but that of small beginning they have by little and little grown to so great increases. For it was not possible that they should at the first step climb up so high. But sometime with subtlety and crooked crafty means they privily advanced themselves, so as no man could foresee that it would come to pass till it was done: sometime when occasion served they did by terror and threatenings wring from princes some augmentation of their power: sometime when they saw princes not hard inclined to give, they abused their fond and unadvised gentleness. In old time if any controversy happened, the godly, to escape the necessity of going to law, committed the arbitration to the Bishop, because they doubted not his uprightness. With such arbitrations the old Bishops were oftentimes encumbered, which indeed greatly displeased them (as Augustine in one place testifies) but lest the parties should run to contentious lawing, they did though against their wills take that encumbrance upon them. These men have of voluntary arbitrations, which were altogether differing from the noise of judicial courts, made an ordinary jurisdiction. In a little while after when cities and countries were troubled with diverse hard distresses, they resorted to the protection of Bishops, to be safeguarded by their faithful succor: the Bishops by marvelous subtlety, of protectors made themselves lords. Indeed it cannot be denied that they have gotten the possession of a great part by violent seditious partakings. As for the princes, that willingly gave jurisdiction to Bishops, they were by diverse affections moved to do so. But, admitting that their gentleness had some show of godliness: yet with this their wrongful liberality they did not very well provide for the profit of the Church, whose ancient and true discipline they have so corrupted, indeed (to say truth) have utterly abolished. But, those Bishops that have abused such goodness of princes to their own commodity, have by showing of this one example enough and too much testified that they are not Bishops. For if they had had any sparkle of an Apostolic spirit, they would without doubt have answered out of the mouth of Paul: The weapons of our warfare are not carnal, but spiritual. But they being ravished with blind greediness, have destroyed both themselves, their successors, and the Church.

At length the Bishop of Rome not contented with modest lordships, first laid hand upon kingdoms, and afterward upon the very empire. And that he may with some color whatever it be retain the possession gotten by mere robbery, he sometime boasts that he has it by the law of God, he sometime pretends the gift of Constantine, sometime some other title. First I answer with Bernard: Admit that he do by any other reason whatever, claim this to him, yet he has it not by Apostolic right. For Peter could not give that which he had not: but he gave to his successors that which he had, the care of Churches. But when the Lord and master says, that he is not appointed judge between two, a servant and scholar ought not to think scorn if he be not judge of all men. But Bernard speaks of civil judgments: For he adds: Therefore your power is in crimes, not in possessions: because for those and not for these you have received the keys of the kingdom of heaven. For which seems to you the greater dignity, to forgive sins, or to divide lands? There is no comparison. These base and earthly things have kings and princes of the earth their judges. Why do you invade the bounds of others? Again. You are made a superior: (he speaks to Pope Eugenius) but to what end? Not to bear lordship, I think. Therefore however much we think of ourselves, let us remember that there is a ministry laid upon us, not a lordship given us. Learn that you have need of a weeding hook, not of a scepter, that you may do the work of a Prophet. Again, it is plain: Lordship is forbidden to the Apostles. Go therefore, and presume to usurp to yourself either being a lord, an Apostleship: or being an Apostle, a lordship. And by and by after: the form of an Apostleship is this, Lordship is forbidden them, ministry is bidden them. Whereas these things are so spoken of a man, that it is evident to all men, that the very truth speaks them, indeed whereas the very thing itself is manifest without all words: yet the bishop of Rome was not ashamed in the Council at Orleans to decree, that the supreme power of both the swords belongs to him by the law of God.

As for the gift of Constantine, they that are but moderately practiced in the histories of those times need not to be taught how much this is not only fabulous, but also to be laughed at. But to pass over histories, Gregory himself is both a sufficient and most full witness thereof. For so often as he speaks of the emperor, he calls him most noble Lord, and himself his unworthy servant. Again in another place: But let not our Lord by the earthly power be the sooner angry with the priests: but with excellent consideration, for his sake whose servants they be, let him so rule over them, that he also give them due reverence. We see how in common subjection he would be accounted as one of the people. For he there pleads not any other man's cause, but his own. In another place, I trust in the Almighty God, that he will give a long life to our godly lords, and will dispose us under your hand according to his mercy. Neither have I therefore alleged these things, for that it is my purpose thoroughly to discuss this question concerning the gift of Constantine: but only that the readers should see by the way how childishly the Romanists do lie, when they go about to challenge an earthly empire to their Bishop. And so much the more foul is the shamelessness of Augustine Steuchus, which in such a desperate cause has been so bold to sell his labor and tongue to the Bishop of Rome. Valla (as it was not hard for a man learned and of a sharp wit) had strongly confuted that fable. And yet (as a man little exercised in ecclesiastical matters) he had not said all that might have made for that purpose. Steuchus burst in, and scattered stinking trifles to oppress the clear light. And truly he does no less coldly handle the cause of his master, than if some merry conceited fellow feigning himself to do the same, would indeed take Valla's part. But truly it is a worthy cause, for which the Pope should hire such patrons for money: and no less worthy are those hired losels to be deceived of their hope of gain, as it happened to Eugubinus.

But if any man require to know the time, since this feigned empire began to rise up, there are not yet passed five hundred years, since the Bishops yet remained in subjection of the princes, neither was the Pope created without the authority of the Emperor. The Emperor Henry the fourth of that name, a light and rash man, and of no foresight, of great boldness and dissolute life, gave first occasion to Gregory the 7th to alter this order. For when he had in his court the Bishoprics of all Germany partly to be sold, and partly laid open for spoil: Hildebrand, which had received displeasure at his hand, caught hold of a goodly color to revenge himself. But because he seemed to pursue an honest and a godly cause, he was furthered with the favor of many. And Henry was otherwise, by reason of his insolent manner of governing, hated of the most part of princes. At the length Hildebrand, which called himself Gregory the 7th, as he was a filthy and naughty man, revealed the malice of his heart: which was the cause that he was forsaken of many that had conspired with him. But he thus much prevailed, that his successors might freely without punishment not only shake off the yoke, but also bring Emperors in subjection to them. Hereunto was added that from then on there were many Emperors liker to Henry than to Julius Caesar: whom it was no hard thing to subdue, while they sat at home careless of all things and slothful, when they had most need with virtue and lawful means to repress the greediness of the Bishops. Thus we see with what color that same goodly gift of Constantine is shadowed, whereby the Pope feigns that the Empire of the West was delivered to him.

In the mean time the Popes ceased not, sometimes with fraud, sometimes with treason, and sometimes with force, to invade other men's dominions: and the very city itself, which before was free, within a hundred and thirty years, or thereabout they brought into their subjection: till they grew to the same power which they have at this day: and for the obtaining or increasing of which, they have so troubled Christendom by the space of two hundred years (for they began before that they took to them the dominion of the city) that they have almost destroyed it. In the old time when under Gregory the keepers of the goods of the Church, did take possession of the lands which they reckoned to belong to the Church, and after the manner of seizing to the use of the Prince did set titles upon them for token of claim. Gregory assembling a Council of Bishops, inveighing sorely against that profane manner, asked whether they did not judge the Clerk accursed which did of his own will by writing of any title attempt to enter upon any possession. They all pronounced, accursed. If to claim a piece of ground by writing of a title be in a Clerk an offense worthy of accursing: when whole two hundred years together Popes do practice nothing else but battles, shedding of blood, destructions of armies, sackings of some cities, razing of others, overthrows of nations, wastings of kingdoms, only that they might catch hold of other men's possessions: what cursings can be enough to punish such examples. Truly it is very plain that they seek nothing less than the glory of Christ. For if they of their own will do wholly resign all the secular power that they have, therein is no danger to the glory of God, no danger to sound doctrine, no danger to the safety of the Church: but they are carried blind and headlong with only greediness of dominion: because they think nothing safe, unless they may bear rule with rigorousness (as the Prophet says) and with power.

To jurisdiction is annexed immunity, which the Romish Clergy took to themselves. For they think it against their dignity, if they answer in personal causes before a temporal judge: and therein they think both the liberty and dignity of the Church to consist, if they be exempt from common judgments and laws. But the old Bishops, which otherwise were most rigorous in defending the right of the Church, judged themselves and their order to be nothing hurt, if they were subject to them. And the godly Emperors, without gainsaying of any man, did always call Clerks to their judgment seats as often as need required. For thus says Constantine in his Epistle to the Nicomedians: If any of the Bishops shall undiscretly disorder himself, his boldness shall be restrained by the execution of the minister of God, that is by my execution. And Valentinian says: good Bishops do not speak against the power of the Emperor, but do sincerely both keep the commandments of God the great king, and also obey our laws. At that time all men were persuaded of this without controversy. But ecclesiastical causes were referred to the judgment of the Bishop. As if any Clerk had offended nothing against the laws: but only was accused by the Canons: he was not cited to the common judgment seat, but in that cause had the Bishop for his judge. Likewise if there were a question of Faith in controversy, or such a matter as properly pertained to the Church, the judgment thereof was committed to the Church. So is that to be understood, which Ambrose writes to Valentinian: Your father of honorable memory, not only answered in word, but also decreed by laws, that in a cause of Faith he ought to be judge that is neither unfit in office nor unlike in right. Again: If we have regard to the Scriptures or old examples, who is there that can deny that in a cause of Faith, in a cause (I say) of Faith, Bishops are accustomed to judge of Christian Emperors, and not Emperors of Bishops? Again: I would have come, O Emperor, to your consistory, if either the Bishops or the people would have suffered me to go: saying, that the cause of Faith ought to be debated in the Church before the people. He affirms truly that a spiritual cause, that is to say the cause of religion, ought not to be drawn into the temporal court where profane causes are pleaded. Worthily do all men praise his constancy in this behalf. And yet in a good cause he proceeds but thus far, that if it come to violence and strong hand, he says that he will give place. Willingly (says he) I will not forsake the place committed to me: but when I am enforced, I know not how to resist: for our armor are prayers and tears. Let us note the singular modesty and wisdom of the holy man, joined with stoutness of courage and boldness. Justina the Emperor's mother, because she could not draw him to the Arians' side, practiced to drive him from the government of the Church. And so should it have come to pass, if he had come when he was called to the palace to plead his cause. Therefore he denies the Emperor to be a competent judge of so great a controversy. Which manner of doing both the necessity of that time, and the continual nature of the matter required. For he judged that he ought rather to die, than that such an example should by his consent be given to posterity: and yet if violence be offered, he thinks not of resistance. For he denies it to be Bishop-like, to defend the Faith and right of the Church with arms. But in other causes he shows himself ready to do whatever the Emperor shall command him. If he demand tribute, (says he) we deny it not: the lands of the Church do pay tribute. If he asks lands, he has power to claim them, none of us resists. After the same manner also speaks Gregory. I am not ignorant (says he) of the mind of our most noble sovereign Lord, that he is not accustomed to intermeddle in causes pertaining to priests, lest he should in anything be burdened with our sins. He does not generally exclude the Emperor from judging of Priests: but he says that there be certain causes, which he ought to leave to the judgment of the Church.

And by this very exception the holy men sought nothing else, but that Princes less zealous of religion should not with tyrannous violence and willfulness interrupt the Church in doing her office. For neither did they disallow if Princes sometimes did use their authority in ecclesiastical matters, so that it were done to preserve the order of the Church, not to trouble it, to establish discipline, not to dissolve it. For since the Church has not the power of compelling, nor ought to require it (I speak of civil constraining:) it is the office of godly kings and Princes to maintain religion with laws, proclamations, and judicial proceedings. After this manner, when the Emperor Maurice had commanded certain Bishops that they should receive their fellow Bishops that were their neighbors and driven out by the barbarous nations: Gregory confirms that commandment, and exhorts them to obey it. And when he himself is admonished by the same Emperor to come to agreement with John the Bishop of Constantinople, he does indeed render a reason why he ought not to be blamed: yet he does not boast of immunity from the secular court, but rather promises that he will be obedient, so far as his conscience will give him leave: and therewithal he says this, that Maurice did as became a godly Prince, when he gave such commandments to the Priests.

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