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.