successe for fire shall come downe from God out of heauen and deuoure the enemies Vnto which seruice there is nothing so effectuall to animate the princes of Christendome as is this new and strange claime of the popes Iurisdiction ouer princes which thing because it is so much pursued by the Popes and their flatterers and onely by them as the great marke whereunto they addresse all their attempts and the very summe of all their Religion therfore I haue endeuoured to open the whole to distinguish the parts and to set this question in such a light as I could if not to satisfie all yet at least to giue an occasion to the iudicious I was desirous to leaue no part vntouched that all might come to a triall and am ready also withall to bring my selfe to the triall willing to learne and to amend any error after that it shall be manifested by the truth to bee an errour for which cause I submit all to the iudicious and godly censure of the Church My care was also after my seruice to God to performe herein a true seruice to his Maiesty by opening the Iurisdiction of Kings which I haue done not as they vse to doe who serue the Pope respecting no other rules of that seruice then his pleasure and their adulation but I haue disputed the Kings right with a good conscience from the rules of Gods word knowing that the noble disposition of his Maiesty will admit of no seruice whereby God or the truth is preiudiced All which as I commend to your Graces fauour and protection to whom God hath committed the care of his Church here so with my hearty prayers I commend your Grace to the faâ—…our and protection of God who inrich your heart with his plentifull graces that as for your proper comfort and direction you may enioy them so you may vse them to the glory of God and the comfort of his Church through Iesus Christ. Your Graces to be commanded in all duety GEORGE CARLETON An Admonition to the Reader IT may bee thought strange that so many are found to write in this contradicting age one contrary to another the trueth cannot bee on both sides and therefore there is a great fault on the one side the Reader that is desirous to trie where the fault is may be intreated to marke with aduised obseruation some things wherein our aduersaries wanting either knowledge or sinceritie haue broken all the rules of right writing to deceiue such as cannot iudge of which sort the greatest part consisteth I doe therefore intreat the Readers especially such as reade my Booke with a purpose to answere it to consider these things wherein we challeng our aduersaries for euil dealing in this particular Controuersie First In setting downe our opinion they make it not that which we hold but another thing and then make large discourses in vaine they should vnderstand our cause as we deliuer it for we deuise not their opinion but take it out of their owne bookes especially from the Popes Canons Secondly when they would refute vs they bring their owne Canon law which was deuised in preiudice of the freedome of Princes and is our aduersarie and therefore cannot bee our Iudge Thirdly When they produce the testimonies of ancient fathers the abuse for which we challenge them is that they will not vnderstand the question for the fathers write for the spirituall Iurisdiction of the Church aboue Princes which thing we neuer denied But against the coactiue Iurisdiction of Prinees in matters Ecclesiasticall which thing we hold the Fathers neuer wâ—…ote but they are for it If these things were faithfully obserued as they are all peruerted in this cause by one that termeth himself the Catholick Diuine and if the truth were sought with conscience and not preiudice maintained with resolution men would neuer presume so much vpon the simplicitie of the Readers nor in the confidence of their wit and learning would they suffer themselues to be set to the maintenance of any cause whatsoeuer Let me farther intreate him that would aunswere me to enter into this short and serious meditation with himselfe thus Either my purpose is to serue God for the truth and then I may looke for a blessing vpon my labours or else to serue man though against the truth and then I may looke for a curse vpon my selfe and my labours let this Meditation rule thy pen and heart I aske no more Last of all let me intreate thee of curtesie to amend the faults escaped in printing with thy pen thus P. 2. Lin. 10. Or some others superfluous p. 13. l. 2. as superfluous p. 14. l. 29 for more read meer p. 22. l. 28. the superfluous p. 30. l. 15 for teached r. touched p. 52. marg r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 73. l. 28 r. against the infringers of the priuiledges of the Sea Apostolick p. 85. l. 19. therto superfluous p. 98. l. 27. full superfluous p. 105. l. 8. r. M. Luther p. 107. l. 2. r. M. Luther p. 108. l. 16. r. M. Bucer p. 108. l. 20. r. M. Antonius Flam. p. 109. l. 10. r. M. Chemnicius p. 195. l. 19. Deposed by Pope Stephen r. deposed or his deposition allowed by the consent of Pope Stephen p. 198. l. 4. for the Bishops r. some Bishops p. 211. l. 11. for opportunelyr opportunity p. 228. l. r2 some report the poyson to haue beene giuen in the bread and some in the cup. p. 229. l. 31. for great r. greatest p. 234 l. 15. for Frederic r. Lodouic p. 234. l. 22. for Rhenes r. Rense p. 234. l. 27. for Rhenes r. Rense p. 236. l 19. generall superfluous p. 250. l. 28. r. adhaerentium adhaerere volentium p. 262. l. 21. for ver r. viri p. 272. l. 18. for chusing r. choosen p. 272. l. 22. for to r. in p. 279. l. 30. no supeâ—…fluous p. 294. l. 16. for cultus r. cultu OF THE IVRISDICTION OF PRINCES IN Causes and ouer Persons Ecclesiasticall CHAP. I. The state of the Question THe lawfull authoritie and Iurisdiction of Kings in matters Ecclesiasticall is now and hath beene for some ages heeretofore much impugned by such who by vsurpation hauing incroached vpon the right of Kings seeke by all subtill and colourable deuises to maintaine that by skill and some shew of learning which they haue gotten by fraud All this mischiefe proceedeth from the Bishop of Rome who vsurping powre and taking to himselfe that honour whereunto God hath not called him hath brought all authoritie Ecclesiasticall and Ciuill into great confusion by vsurping the right both of the Church and of States Now our desire being to open the truth and to declare the lawfull right of Princes and power of the Church it seemeth needfull first to set downe what power is giuen to the Pope by them that flatter him so shall the right of the King and of the Church better appeare 2 They yeeld to the Pope a fulnesse of power as they
not be extended to these practises What can be denied heere For neither can they denie but that the censures of the Church should bee of greatest power there where they were first instituted neither can they denie that excommunication was first instituted in that Church of the Iewes neither can they shew vs that any King of that Nation was at any time deposed for pretended heresie or for knowne and professed idolatry though the Kings there were often great idolaters though the Priests were bolde and couragious in Gods cause yet we neuer finde that any Priest did by excommunication depose the King or destroy the bond of allegeance This thing then being neither practised by the Iewes where these censures were in first and chiefe force nor by Christ and his Apostles nor by the Fathers of the Primitiue Church nor known in the Church for the space of almost a thousand yeares as hereafter wee shall declare wee haue great reason to conclude that excommunication as it is an Ecclesiasticall censure hath no power coactine to alter any temporall authority to depose Kings to destroy and dissolue allegeance or to trouble any lawfull authority established in this world 18 This will no lesse appeare if wee consider the power which the Church hath alwaies practised for coactiue power was a thing which the Chnrch yeelded alwayes to the â—…iuill Magistrate And if the Bishops of Rome did sometimes breake out beyond their bounds yet were they in those ancient times alwayes repressed by the authority of the Church For that we may take a short suruay of the Iurisdiction of the Church during the first three hundred yeres so long as the Apostles liued no man doubteth but that they ruled all and that the greatest Iurisdiction of the Church was in them if we speake of spirituall Iurisdiction And if any one Apostle liued after the rest there was more power acknowledged to be in him then in any one that liued in the Church in his time Now it is for an assured historicall truth recorded by Eusebius and before him by Irenaeus whom the full consent of the auncients follow heerein that S. Iohn liued after all the other Apostles were dead that he continued in the gouernment of the Church vntill the times of Traian Emperour In which time the Bishops of Rome after Peter are recorded to be these Linus Anacletus Clemens Eâ—…aristus Alexander If the Bishop of Rome had then been the head of the Church the chiefe Pastor the Monarch the fountaine of all Iurisdiction as his flatterers now make him it must be confessed that Alexander in his time and Euaristus before him was S. Iohns head and before him Clemens and before him Anaclet and before him Linus Did these rule and gouerne S. Iohn or S. Iohn them shall we say that they had Iurisdiction ouer S. Iohn or S. Iohn ouer them If these Bishops each in his time had Iurisdiction ouer S. Iohn then there was an authority in the Church aboue the authority of the Apostles If they were gouerned by him then the Bishop of Rome was not the head of the Church There is no sober spirit that can doubt of these things or can thinke that in those dayes any liued in the Church who was not vnder the Iurisdiction of an Apostle 19 After Saint Iohns death who was liuing in the yeare of Christ 100. and after in the Church of Rome were Sixtus Telesphorus Hyginus Pius Anicetus Soter Eleutherius Victor These gouerned the Church of Rome in succession by the space of one hundred yeares together In which times they seemed willing to put to their helping hands to aduance the Church of Rome For Sathan hauing a purpose thence to raise Antichrist began betime to worke and to abuse those good men as it was not hard for him to beguile better men then they were though we admit them to be good men and holy Martyres Then were they drawne into a loue to aduance their seate and Iurisdiction yet so as neither in them is proued pernicious neither was it thought by the church to be very dangerous seeing they yeelded and submitted themselues in the end to the graue and godly aduise of the Church 20 The things wherein the Bishops of Rome sought first to aduance their power was by imposing ceremonies vpon other Churches Thus did Anicet contend for the celebration of Easter but was quieted by Polycarp who for the peace of the Church made a iourney to Rome and pacified Anicetus And was so much honoured of Anicetus that there he practised the function of a Bishop as Eusebius reporteth taking the storie from Irenaeus Thus was peace and loue then maintained on all sides whilest the Bishops of Rome were content to be ruled by others 21 A little after Victor grewe more violent in the fame quarrell and excommunicated the Easterne Churches which did not obserue Easter after the maner of the Church of Rome But Uictor was resisted and sharply reproued by Polycrates Bishop of Ephesus and the rost of the Easterne Bishops as also by Irenaeus Bishop of Lions in Fraunce These did freely reproue Victor for that he regarded not the peace of the Church they declare that in ceremonies there was great difference of olde and yet the Bishops liued in loue and peace together that the differences in ceremonies did not breake the consent in faith that these differences were before the time of Victor and that hee was therein to followe the examples of his auncients who preserued loue and peace and the doctrines of faith sincere with some diuersity in outward ceremonies This was all that the Bishops of Rome attempted in those dayes wherein there appeareth no Iurisdiction ouer others but rather the contrary For the godly Bishops of Asia reproued them and made them see and acknowledge their owne rashnesse and caused them to desist therefore the Church did not then acknowledge the Popes Iurisdiction 22 Betweene Victor and Syluester the first succeeded 18. Bishops of Rome in the space of 100 yeares next In which time there was no great attempt made for superiority or Iurisdiction onely the Bishops of other Churches did honour the Bishop of Rome following the Apostles rule In giuing honor goe one before another Which honour if they could haue remembred as well to giue to others as they did to receiue from others there could haue risen no question of Iurisdiction but that which began in loue and courtesie was afterward drawne to Iurisdiction We denie not but some of the auncients haue yeelded to S. Peter a Priority among the rest of the Apostles because of his great zeale and loue to Christ and to his trueth and for his excellent vertâ—…es and to the Bishops of Rome wee finde likewise that the auncients yeelded great and honourable titles but this was in respect of their vertue learning and integrity For the auncients knewe no other rule of fauouring men but vertue he was in the Church most honourable and
Theodoret rehearseth a Dialogue betweene Constans the Emperour and Liberius Bishop of Rome who afterward for feare and through weakenesse and irksomnesse of his exile was drawen to subscribe to Arianisme as witnesseth Hierom Ruffinus Platina and other In that Dialogue these words are worth the noting Constans willing Liberius to forsake the Communion with Athanasius and to condemne him Liberius his answere is Ecclesiastica iudicia cum summa iusticiae obseruatione fieri debent quare situae pietati places iudicium cogi impera vbi si damnandus Athanasius videatur sententiam illum ordine modoque Ecclesiastico feratur nam fieri nequit vt condemnetur à nobis de quo iudicium datum non sit That is Ecclesiasticall iudgements ought to proceed with exact obseruation of iustice Therefore if it please your Godlinesse command a Councell to be called wherein if Athanasius seeme worthy to be condemned let sentence passe against him in Ecclesiasticall order and manner For it cannot be that by vs hee should bee condemned seeing wee haue no authoritie to iudge him The Bishop of Rome here confesseth first That Iudicia Ecclesiastica Ecclesiasticall iudgements are to be appointed and established by the Emperour then he graunteth him Ecclesiasticall Iurisdiction and granteth that to call a Councell belongeth to his Iurisdiction Secondly the Emperour cannot make a man an hereticke but this must be done by a Councell or by the iudgement Ecclesiasticall This being a thing not of coactiue Iurisdiction but of knowledge in the word of God Thirdly the Bishop of Rome renounceth all right and authority of iudicature vpon Athanasius therefore in those daies hee had no Iurisdiction ouer other Bishops 6. This mixt Iurisdiction which now is practised by Bishops began in the time of Constantine So Nicephorus witnesseth Constantinus Clericos omnes constitutione lata immunes liberosque esse permisit iudiciumque iurisdictionem in eos Episcopis si ciuilium iudicum cognitionem declinare vellent mandauit quod Episcopi iudicassent id robur autoritatem sententiae omnem habere debere decreuit That is Constantine by an edict graunted the priuiledge of immunity to all Clerkes and graunted to Bishops iudgement and Iurisdiction ouer Clerkes in case they would decline from the courts of ciuill Iudges and he decreed that whatsouer the Bishops iudged that should stand in all strength and authority of a decree Sozomen declareth by what occasion it grew first For some began then to appeale from ciuill iudgements to Ecclesiasticall and some Bishops receiued the appellations which thing being approued by Constantine gaue great authority to this kind of Iurisdiction Episcopi saith he in causis ciuilibus sententias pronuntiarunt si qui à iudicibus ciuilibus ad eorum autoritatem appellassent Quam rem propter venerationem Episcoporum adeò approbauit Constantinus vt ratas haberi pâ—…tioresque quam aliorum iudicum sententias nec minus quam ab ipso imperatore essent pronunciatae per Magistratus milites Magistratuum ministres ad effectum perduci lege edixerit That is Bishops pronounced sentence in ciuill causes if any appeaed to them from ciuill Iudges This thing for the reuerence of Bishops Constantine approued so much that hee ordained by Law that these iudgements should be ratified and of greater authority then the sentences of other Iudges yea to be held of â—…o lesse force then if the Emperour himselfe had pronounced â—…hem so to be executed by the Shriefs their seruants 7 By which it appeareth that these courts with this Iurisdiction were vnderstood then no other then the Emperours courts The Emperour graunteth this Iurisdiction saith Nicephorus the Emperour ratifieth these iudgements saith Sozomen the Emperour commaundeth that the sentence of the Bishop should be euery where receiued as if it proceeded out of his owne mouth Which words are well to be obserued For the Emperour commaundeth not that the Bishops sentence should be receiued as a diuine sentence but only as an humane not as proceeding from the mouth of God but as proceeding from the mouth of the Emperour Now if these Courts were then so euidently proued to be the Emperours Courts our aduersaries may acknowledge their owne ignorance folly who make declamations and many idle discourses without solid proofe against them that call Ecclesiasticall Courts the Kings Courts as if this were a thing new strange and neuer heard of before these late yeares Their error is that common Sophisme which filleth most of their bookes which Aristotle calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 compounding confounding those things which we distinguish and which are distinct in nature For in this word of Iurisdiction they confound these two distinct things both that which is spirituall Iurisdiction yeelded by vs the right of the Church and all that also which Princes haue giuen to Ecclesiasticall Courts such as these priuiledges which Constantine gaue to Bishops Courts and other Princes since haue continued and enlarged If these things be not distinguished the truth can neuer appeare in this question by this the Reader may vnderstand who they are that hide and deface the truth by new varnishing of olde rotten Sophismes 8 Then all coactiue Iurisdiction came into the Church from the authority of Princes for as the power of the Church is internall and spirituall so externall and coactiue power was the right of Princes To this purpose Eusebius reporteth a speach of Constantine at a banquet calling himselfe a Bishop for things externall as they were for matters internall His words are these Vos quidem eorum quae intus sunt in Eccle sia agendâ—… ego vtro eorum quae extra hanc sunt Episcopus à Deo sum constitutus And whereas Iurisdiction is best knowne by appellations it hath been often seen that froÌ„ the Pope men haue appealed to a councel as hereafter we are todeclare but from a councel we find no appellation to the Pope but to the Emperor for some personall wrong Athanasius being vniustly condemned by the Synod of Tire appealed to Cinstantine as Socrates witnesseth In like sort Flauianus appealed to the Emperour when the Synod of Capua had referred his cause to Theophilus and the Bishops of Egypt Yea the heretiques themselues in those dayes knew no means to appeale from the Emperour Augustine saith that Donatus did still appeale to the Emperour being condemned by the Bishops and by Synodes And so religious were these auncient Bishops in preseruing the Emperors Iurisdiction and yet maintaining the truth without feare that when they were oppressed by Arians and by the power of an Arian Emperour yet they would vse no other meanes then these direct meanes And therefore the Bishops hauing a purpose to condemne the Arians craued a counsell of Valens an Arian Emperor who granted them a counsell at Lampsacum wherein they condemned the Arian doctrine So that without the Emperour they would not gather a counsell though it were to
conclude directly against the Emperours purposes Thus doth Socrates report the calling of that councell but Sozomen saith it was not obtained of Valens but of Valentinian 9. Besides these publique and generall Synods there were also some more priuate and particular in calling whereof the Bishops had power The Bishop of the Diocesse vsed to call a Synod of his Clergy but could proceed no farther Prouinciall Synodes were called by Metropolitanes but in a generall Synod of many Nations the Emperour had alwayes the right of calling it as a King hath the onely right of calling a Synod of those Nations that are vnder his gouernment For as the counsell of Nice was called by Constantine so were all the counsels of these next three hundred yeares called by the Emperours that gouerned at such times Theodosius gathered the councell of Constantinople against the heresie of Macedonius in the third yeare of his raigne which was the yeare of Christ 383. saith Prosper The councell of Ephesus against Nestorius was gathered by the authority of Theodosius the younger and the fourth generall councell at Chalcedon by the authority of Martianus and Valentinianus Emperours Leo the first was a great man in these affaires and hee is the fittest to certifie vs of the truth against whose witnesse our aduersaries haue no reason to except This Pope then writing to the Emperour Theodosius saith Pietas vestra apud Ephesum constituit Synodale concilium And afterward declaring his obedience and conformity thereto saith Meum studium commodaui vt Clementiae vestrae studijs pareatur And againe Ne autem pijssimi Principis dispositioni nostra videatur praesentia defuisse fratres meos misi c. he hath the same also Epist. 23. ad Theodosium Againe hee writeth to Pulcheria to moue the Emperour to command a councell to be holden within Italy declaring that he wrote to the Emperour to intreat the same Which thing hee moueth also in other Epistles And though he much desired this that the Emperour would haue beene intreated to hold a councell within Italy yet could he not obtaine it and therefore was ready to obey the Emperour attending his pleasure therein who appointed it in another place 10 Which thing we obserue the rather because our aduersaries oflate haue yeelded this as a proper right to the Pope to call councels Catholici munus conâ—…andi concilia generalia saith Bellarmine ad Romanum pontificem propriè pertinere volunt And when they are driuen by these open and euident testimonies they shift it thus as to say another may doe it by the Popes consent but if the Pope neither appoint the place nor no other by his commaundement or consent then it is no councell but a conciliable These bee vaine and friuolous shifts of Friars For it is true that the Popes consent was to these auncient councels but no otherwise then as the consent of all other Bishops They consented because they could not chuse because they were resolued to be obedient but they could not appoint either place or time For Leo could not haue it where hee would but it was where and when the Emperour appointed 11 Before the councell of Chalcedon there is the Writ of the Emperours Valentinian and Martian called Sacra to call Bishops to Nicaea But another Sacra is sent to reuoke that and to call them to Chalcedon So that all this while the Emperors rule as those that haue Ecclesiasticall Iurisdiction They call councels they punish offenders of the Clergy they establish Ecclesiasticall Courts they are acknowledged the nourcing Fathers of Religion the keepers and preseruers of both Tables and of the discipline of the Church And therefore Leo writing to Constantinus Emperour who called the sixt Synod saith thus Cognouimus quod sancta vniuersalis maxima sexta Synodus quae per Dei gratiam imperiali decreto in regia vrbe congregata est c Wee know that the holy and vniuersall great sixt Synod which by the grace of God is called and gathered by the imperiall decree in the imperiall City c. And a little after Pietas vestra fructus misericordiae potestas custos disciplinae Your godlinesse is the fruit of Gods mercy your power is the keeper of discipline And againe Nec enim minor regnantium cura est praua corrigere quam de aduersarijs triumphare quia einimirum potestatem suam seruiendo subijciunt cuius munere imperare noscuntur c. Vnde diuinitus praordinata vestra Christianissima pietas c. Caput Ecclesia Dominum Iesum Christum veram pietatis regulam amplectendo c. For Gouernours ought to haue no lesse care to correct vngodly things then to triumph ouer their aduersaries for they submit their power to his seruice by whofe power they are knowne to rule c. Therefore your most Christian zeale preordained of God c. acknowledging our Lord Iesus Christ the true rule of godlinesse to bee the head of the Church Wherein the Bishop of Rome doth acknowledge first that the generall councell is to be called onely by the authority of the Emperour imperiali decreto Secondly that the Emperours power is such a power as is custos disciplinae Hee speaketh here in an Ecclesiasticall cause and of Ecclesiasticall affaires Now that power which is custos disciplinae Ecclesiae what is it but Ecclesiasticall Iurisdiction This word Iurisdiction was not then worne in such vse as now it is but we see the auncients vse words counteruailing it The Bishop of Rome acknowledgeth Ecclesiasticall power and Iurisdiction to be in the Emperour when hee yeeldeth him such a power as is preseruer of the discipline Ecclesiasticall Thirdly he confesseth that the care of the Church Church-gouernment for establishing the truth doth no lesse belong to the office of a Prince then to triumph ouer his foes in warre Fourthly the Bishop of Rome as then acknowledgeth no other head of the Church then Iesus Christ as appeareth by his words To the same purpose Saint Augustine saith Diuinitus praecipi regibus vt in regno suo bona iubeant mala prohibeant non solum quae pertinent ad humanam societatem verum etiam quae ad diuinam religionem Contra Crescentium li. 3. cap. 51. That is Kings are commaunded to estalish good things and prohibite euill in their Kingdomes not onely in things belonging to Ciuill societie but in such things also that belong to diuine Religion Gregorie the great following the footsteppes of his Fathers yeeldeth the fame authoritie to the King For writing to Theodoricus King of France he saith Iterata vos per vestram mercedem adhortatione pulsamus vt congregari Synodum iubeatis This part of Iurisdiction for calling of Councels is so fully confirmed to be the Emperours right by the Aunceants that Cardinall Cusanus sure no Lutheran disputing of this priuiledge concludeth from the confessed testimonies of the Aunceants these two things First That Emperours
regni maiores admiratione permotos c. That is You signified to me by your Letters that the Princes and Barons of the Kingdome were mooued with admiration that the Pall was offered you by our Apocrisiaries that is Chaplanes with this condition that you should take that Oath which they brought you written from vs. Let them in like sort maruell at our Lord Iesus Christ in this cause Who committing the charge of his sheepe to Peter put thereto a condition saying If thou louest me feed my sheepe Now if the creator of consciences and searcher of secrets vsed this condition and that not once but the second time and againe till he had made him sorie What care then ought we to haue that so great a Prelateship of the Church bee not by vs committed to our brethren whose consciences we know not They obiect that all Oathes are prohibited by the Lord and that this practise of exacting Oathes is not found either established by the Apostles of Christ or by Councels What then is that which the Lord addeth as next following That which is more then this is of euill For euill compelleth and forceth vs the Lord permitting to exact this which is more For is not this euil to start from the Church and obedience of the Sea Apostolicke And to breake out against the constitutions of Canons Which many haue done after their Oath to the contrarie We are therefore compelled by this euill and by necessitie to exact an Oath for Fealtie for Obedience and Vnitie They obiect that this thing is not established by Councels as though any Councels may prescribe a Law to the Romane Church seeing all Councels are by the Authoritie of the Bishops of Rome enacted and haue their strength And in their Canons the Popes Authoritie is manifestly excepted 38. The Reader may be intreated hence to obserue First that this Oath in the time of Paschalis the second who wrote this for Gregorie the ninth Collected it from him was receiued with great admiration both of Temporall Lords and of the Archbishop himselfe as a thing neuer practised before that time Then we haue the antiquitie of imposing such an Oath Secondly we obserue this cursed boldnesse of the Pope in peruerting Scriptures to serue his pride and lust Without which blasphemous abuse of holy Scriptures this Iurisdiction could neither at first haue beene imposed nor since maintained Thus hee handleth all the Scriptures that he meeteth withall as in these few words two diuers Scriptures Thirdly he graunteth that euill compelled him to this God onely permitting which is as if he should say The diuell compelleth and driueth him to it God onely permitteth He who acknowledgeth thus much is wittingly and willingly the seruant of the diuell and of that euill which by his owne confession compelleth him Fourthly he reiecteth the authoritie of the Apostles and Councels as being himselfe aboue them Fifthly his reason is to bee noted drawen from Scripture Christ saith That which is more then this is of euill therefore the Pope may exact an Oath of Archbishops And the Popes Canons hauing once expounded this Scripture thus it must alwayes be the true sense of it For that say they is the true sense which the Pope giueth Sixthly where we find this Oath exacted of an Archbishop accounted a thing so strange by the Barons of the land We collect that the Pope at the first required this Oath of Archbishops onely which was the cause that mooued many Archbishops to ioyne with the Pope in the pursuite of this new Iurisdiction against their owne Soueraignes And hence we see a reason why Anselme withstood the King against the liking and consent of all the Bishops of the land as we shall hereafter declare Because this Oath was exacted of Archbishops Anselme had taken it For as by this Canon it appeareth it was conueyed with the Pall to the Archbishops if they will haue the Pall besides the other price they must take this Oath But the Bishops as then had not taken the Oath which made them freer to withstand Anselm Seuenthly and last of all obserue what kind of Oath the Pope required An Oath of Allegeance And therefore the summe and purpose of that former Canon is thus set downe in the Edition of Gregorie the thirteenth Electo in Archiepiscopum sedes Apostolica Pallium non tradet nisi prius praestet fideluatis obedientiae iuramentum That is The Sea Apostolike will not deliuer the Pall to any Elect for Archbishop except he first take an Oath of Fidelitie and Obedience Then the Oath which the Pope requires is an Oath of Allegeance By this the purpose reason Antiquitie and honestie of this Oath may the better appeare 39. Besides this Oath which Popes haue exacted of the Clergie they haue laboured to bring the Emperours also vnto their obedience by an Oath There is the forme of an Oath set downe Dist. 63. as exacted by Pope Iohn the twelfth of Otho the first Emperour but because in that distinction there is much counterfeited stuffe thrust in as that Canon which beginneth Ego Ludouicus c. which Carolus Molinaeus hath by irrefragable proofes manifested to be forged therfore this is to be suspected to be of the same kinde And this thing seemeth so vnlikely that there is no reason to receiue it without better story then the Popes Canons For Otho the first was a Prince of great worth wise and valiant and Iohn the twelfth a Pope that deserueth no better Titles of the Historiographers then a Monster and a Beast Neither was this Emperour at any time in the power of that Pope but the Pope in his for Iohn the twelfth helped Beringarius and his sonne against Otho which caused Otho to bring an Armie against him And as Luitprandus saith Iuramentum Othoni Papa Iohannes supra pretiosissimum corpus Petri praestitit se nunque Beringario Aberto eius filio auxiliaturum Naucler saith that this Iohn whom he also calleth a Monster and a Beast hauing intelligence that two Cardinals wrote to Otho to call him to Rome cut off the nose from the one and the hand from the other Then for any Oath that Otho should take to the Pope we finde nothing in Storie but the contrarie True it is that Henry the fourth Emperour was forced by Hildebrand to such an Oath for this Emperour being by him excommunicated his Nobles and Bishops falling from his obedience was driuen to come bare-foote with his wife and little sonne in a sharpe frost to Canusium where the Pope then lay and to stay at the gates of the Citie all night and though in greatest humility he intreated pardon yet Hildebrand was so busied forsooth in company of his Harlots that the Emperour was forced to attend three daies in this grieuous affliction before he might haue accesse to his holinesse And when hee came before him he must be contented to be bound by
Now this is the crueltie of our Lord the King that is so much spoken of through the world against the Church this is that persecution that he raiseth Then it is an auncient complaint of these Romish Catholickes to call the iust lawfull godly and necessary execution of iustice crueltie and persecution this complaint hath beene euer since continued by them and most of all where there is least cause euen in the milde and mercifull gouernement of the late Queene of famous memory What crueltie did they impute to her What persecution to her Gouernement When they are not able to proue that one man was executed for Religion but for treason Which was so much the more dangerous because it was masked with the visard of Religion but Religion is not nor euer was the cause why our Kings punished the Popes Clerkes but onely Iurisdiction For when the Pope will stretch his Iurisdiction so farre as to include coactiue power and to exclude Kings from the gouernement of their Subiects drawing the Clergie from the obedience of their Kings to the obedience and subiection of the Pope drawing the subiects of other Kings vnder his subiection by an Oath of Allegiance and hereupon perswading al that will hearken to him that they may not yeelde an Oath of Alleageance to their owne Princes the Popes Iurisdiction being drawne to these points as now by the confession of themselues they are the question betweene the Pope and Christian Princes is not of Religion but of Iurisdiction of ciuill and coactiue Iurisdiction and the summe of all is this Whether the Princes of Christendome shall be free Princes or the Popes Vassals 82. By this which we haue declared we see the cause of our Kings iustified against the Archbishoppe and the exemption of Clerkes for which the Archbishoppe stroue and which since that time is claimed to be an especiall priuilege of that Church to be condemned by the chiefe of the Clergy by all the Bishops of that Prouince and that euen to the Pope himselfe Which thing the Bishoppes of the English Church would neuer haue done vnlesse they had beene well assured that the Kings cause was good and that the contrary opinion was a pernicious nouelty a late vpstart deuice in the Church But howsoeuer the Popes Clerkes pretended their new forged priuiledges yet the Kings of this land held still their olde course in the auncient manner of execution of iustice against them that offended And therefore Henry the second by law commaunded as Houeden saith that the Bishoppes of London and Norwich should be summoned that they might be before the Kings Iustices to answere for that they against the statutes of the kingdome did interdict the land of the Earle Hugh 83. This exemption of Clarks was a new practise in the time of Marsilius of Padua and not so new as pestiferous occasioning the ruine of States and being as a furie sent abroad from hell to disorder all gouernment For thus he complaineth of it Quibus non contenti sed saecularium contra Christi Apostolorum praeceptum appetentes fastigia in legum Lationes seorsum ab ijs quae Ciuium vniuersitatis sunt proruperuut Omnem clerum ab his decernentes exemptum ciuile sâ—…hisma principatuum supremoruÌ„ pluralitatâ—…m inducentes ex ipsis c. Haec pestilentiae Italici regni radix est origo ex qua cuncta scandala germinauerunt prodeunt qua stante nunquaÌ„ ciuiles ibidem cessabunt discordiae c. That is Not content herewith they the Popes seeking the honour of secular gouernement against the commandement of Christ and his Apostles haue taken vpon them the ordaining of Lawes and Canons other then such as serue for the common good They decree that all the Clergie are exempt from temporall Princes heereby inducing a pluralitie of Soueraignties c. This is the roote and spring of the pestilence of the Empire from whence all scandals grow and which standing ciuill discord shall neuer haue an end c. Thus were these exemptions then found and acknowledged to be the pestilence and ruine of all states especially of the Empire And his reason is well to be obserued because saith he it bringeth in Pluralitatem supremorum principatuum quam velut impossibilem humanae quieti demonstrauimus he proueth the plurality of Soueraignty a thing impossible to stand with the quiet and peaceable Gouernement of the world Now this exemption must eyther induce a plurality of Soueraignties when the Pope is one Soueraigne and the Prince another which is impossible in nature saith Marsilius or else it denieth the Kings Soueraignty to establish the Popes which thing can neuer bee indured by any Prince §. VI. Of the Popes power in giuing lawes 84. ANother thing whereby this new Iurisdiction of the Pope was so highly aduanced was giuing of Lawes to Princes and their subiects whereas before Princes had giuen lawes to him Marsilius in the wordes last cyted in the end of the last Paragraffe speaking of these laws saith They now break out into a practise of Iurisdiction taking vpon them to make lawes separat and distinct from such lawes as are for the common and publique good of all meaning the Canon lawes which because they intend onely the priuate aduancement of the Pope and not the publique good of the Church being also made onely by the authority of the Pope and not by the publique consent of the Church therefore he doth not account them lawes but Oligarchicall and tyrannicall Decrees these lawes are to be considered because they make so great a shew of the Popes Iurisdiction 85. The Church before was gouerned by Bishoppes and Metropolitanes in such order that the affaires of euery particular Diocesse were ordered by the Bishoppe or by a Synode of his calling the affaires of the Prouince were determined by the Metropolitane or by a Prouinciall Synode of his calling from an Episcopall Synode a man might appeale to a prouinciall Synode and from a Prouinciall Synode to a nationall but from a prouinciall or from a nationall Synode none might appeale to the Bishoppe of Rome for which thing diuers Decrees were made in prouinciall Synodes as we haue before declared As the Bishoppes were Gouernours so the lawes whereby they did then gouerne the Church were the Canons of auncient Councels especially of those foure most famous Councels of Nice Constantinople Ephesus and Chalcedon For that the Canons of these Councels were held for the lawes of the Church it appeareth by a Constitution of Iustinian extant in the fift Synode held at Constantinople wherein Iustinian the Emperour declareth that Aâ—…thimus was deposed from the Bishoprike of Constantinople by Pope Agapetus and a whole Synode with him consenting for that he had departed from the doctrines of those foure holy Synodes the Nicen the Constantinopolitan the Ephesian and the Chalcedonian The Emperor also declareth that he being deposed by the Church should be banished by him ioyning his
pulled from him and when Princes take their owne right in temporalties and Councels in spirituall Iurisdiction the Bird will be left naked betweene them that was so glorious with the feathers of others 34. Before the time of the Councell of Trent this hath bin alwaies acknowledged and preserued a trueth in the Church that the authority of a Councell is aboue any particular whatsoeuer whether he be the Bishop of Rome or any other This was neuer once brought in question the first thousand yeares but when the Popes had framed a Ladder of their supposed Iurisdiction to clime aboue Princes and Friars began to puffe vp the Sailes of the Popes pride by the winde of their flatterie then began some question to bee made of the authority of a Councell The Friars hoisted vp the Pope aboue the Councel but there were alwaies in the Church of Rome some remaining yea a great number and sometimes as the best part so the strongest who held and maintained the auncient true Iurisdiction of a lawfull free generall Councell to be aboue the Pope and to haue authority to depose the Pope or otherwise to censure him as in their wisedome they thought meete This question of the Iurisdiction of a Councell had often beene moued as we finde by the appeales of Emperours and Kings and others from the Pope to a generall Councell but it came not to be put in execution before the Councell of Pisa which was gathered vppon this occasion 35. After a â—…ong schisme in the Church of Rome Gregory the twelfth was chusing during the schisme Gregory tooke an Oath as soone as he was elected to take away the schisme by all possible meanes and wrote to Benedict the thirteenth inuiting him to a mutuall abdication for peace Benedict returned an answere to the same words backe again As the Popes colluded together without any sincere purpose of abdication the question began to be mooued of the authority of the Church which might order them both because the Church is aboue all euen the Popes are subiect to this power and therefore it was thought fit that a generall Councell should be called representing the Church of these Westerne parts The Councell was summoned to meete at Pisa the Bishops Prelates and Princes being orderly summoned and meeting heere in the yeare one thousand foure hundred and eight proceeded against both the Popes deposed and depriued them condemning them both for Heretickes and Schismatickes commanding all Christians not to take them for Popes or yeelde obedience to them In this Councell there was great disputation of the authority of a Councell and it was determined none contradicting sayeth mine Authour that the Councell had authority to depose the Popes persisting in a scandall and to chuse another This was the ground and occasion of calling the Councell of Constance not long after this 36. This Councell of Pisa is much commended by Iohn Gerson and by the Councell of Constance as the same Authour Gerson doth witnesse Where he saith also that the Church of England sent learned men to that Synode at Pisa who as they came through Paris were entertained with an Oration of the same Gerson then Chauncellor of the Vniuersity of Paris declaring the consent of that Vniuersity with them Then wee haue the Councell of Pisa and herein the iudgement of the Church of England concurring with many other Churches against the Popes Iurisdiction The same will likewise appeare by the Councell of Constance 37. The Councell of Constance was called by the commandement of Sigismund Emperor in the yeare one thousand foure hundred and fourteene for the same end For the Synode of Pisa had deposed the two Popes that maintained the schisme and chosen a new Pope Alexander the fift but the other two helde their places by force and there were now three Popes after Alexander 5. death Iohâ—… the three and twentieth was chosen this man came to Constance and shewed himselfe willing to be deposed so that the other two in schisme might be ordered and pulled downe from the places which they held but this Iohn finding that the Councell had a purpose after that he was deposed to chuse another and not himselfe fled away from the Councell and refused to be ordered by it but hee was apprehended and brought backe againe so his life and conuersation being examined by the Councell he was deposed but when he sent Charles Malatesta to approue the sentence of the Synode and to make for him and in his name a free abdication of the Papacy he died for griefe that Malatesta had performed that commission so roundly and so quickly 38. The other two Popes Gregory and Benedâ—…ct stood vp mainteining the schisme all this while To order them Sigismund Emperor tooke great paines with the Kings of England Fraunce and Arragon Gregory yeelded to be ruled by the Synode but Benedict stood out stiffely a long time who in the end also was depriued and pronounced an Hereticke and Schismaticke It is obserued that there was nothing concluded in this Councell without the consent of the fiue Nations The Synode hauing thus deposed all those other Popes made choyce of Martin the fift And to preuent such schismes and the troubles which grewe by them it was decreed in the same Synode that such Synodes should be often called the first should bee called fiue yeares after this the second seauen yeares after the first the third tenne yeares after the second and so from tenne yeares to tenne yeares continually This order and Iurisdiction of the Church declared in Synodes did so terrifie the Popes that they sought by all meanes to defeat it they could not indure such a Iurisdiction aboue themselues to call them censure them depose them as this Synode had throwen downe three Popes at once Therefore the Popes after this laboured by all meanes how they might oppresse the authority of a Councell which they could neuer doe before the Councell of Trent and all these partes of Christendome on the other side laboured to maintaine the authority of the Councell aboue the Pope 39. For the better confirmation hereof this Synode declareth the authority and Iurisdiction of a generall Councell thus Declarat haec sancta Synodus quod ipsa in spiritu sancto legitimè congregata Concilium generale faciens EcclesiaÌ„ Catholicam representans potestatem à Christo immediate habet cui quilibet cuiuscunque fuerit status vel dignitatis etiam si Papalis existat obedire tenetur in his quae pertinent ad fidem extirpationem dicti schismatis reformationeÌ„ dictae Ecclesiae in capite in membris That is This holy Synode declareth that they being gathered in the Holy Ghost making a generall Councell and representing the Catholicke Church haue power immediately from Christ to which euery man of what sâ—…ate and dignity soeuer though he be a Pope is bound to obey in those things which pertaine to faith and the extirpation of schisme and reformation
consecration of Aaron and his sonnes is done altogether by Moses These things though they make faire shew for the Princes Iurisdiction Ecclesiasticall ouer Priests yet wee purpose not to stand vpon them 3. But when the Priest was once consecrated and ordained and all things fully perfected concerning his function and two seuerall and distinct functions set vp then will appeare without faile in Moses his successors the right of Princes in Aaron his successors the right of Priests After all things thus perfected we finde that all the lawes which in truth proceeded originally from God were established by the authoritie of Moses and this we finde true not onely in Iudiciall and Ciuill Lawes which were to rule that state but euen in ceremoniall and Morall Lawes which were to rule the Church There is not so much as one ceremoniall law established by the authoritie of Aaron but in all the name and authoritie of Moses is expressed only we finde concerning Aaron that if any doubt in the lawes ceremoniall did arise for the interpretation of those lawes and of such doubts the high Priest must sit as iudge For the people are charged in matters that are hard to consult with the Priest and ciuill iudge Deut. 17. 8. c. Which the learned interpreters vnderstand thus that if the cause be mixt partly Ciuill partly Ceremoniall or doubâ—…full that then both the Ciuill Magistrate and the Priest must iointly determine it but if the people haue distinct causes some Ciuill other Ceremoniall the Ciuill Magistrate must iudge the causes Ciuill and the Priest must iudge the causes Ceremoniall from the consideration of which place we may drawe certaine inferences 4. First all Lawes euen Ceremoniall that is Lawes whereunto Spirituall or Canon Lawes are answerable are established by the authoritie of the Ciuill Magistrate This taketh away all authoritie of the Popes Canon law in all Christian kingdomes where it is not established by the authoritie of Kings in their kingdomes For it is against all reaâ—…on and rules whether we looke vpon the light of nature or vpon the Scriptures or the lawfull practife of authoritie since the Scriptures were written that any Lawes should be imposed vpon a Prince against or without his consent as the Popes haue indeuoured to impose the Canon Lawes vpon Princes And this appeareth in the practise of Christian Magistrates so long as lawfull authoritie stood up without confusion in the world But heere we consider the fountaine of that practise which was from Gods Law wherein we see all Lawes confirmed and established by the authoritie of the Ciuill Magistrate And if it could bee prooued that in some Lawes Ceremoniall the authoritie of Aaron was requisite yet this helpeth them nothing that plead for the Popes Canons For these men would impose these Canons vpon Princes without their consent but in all these Lawes of Moses wherein is a perfect patterne for all law-makers they cannot shew one Law though neuer so nearely concerning the Church which is established without the authoritie of Moses the Ciuill Magistrate If they obiect these things were all done by an especiall commaundement of God I aunswere this doth more establish the authoritie of Princes and confirme our purpose for let them aunswere why God would haue all these things established by the Ciuill Magistrate and not by the Priest This then maketh a greater and clearer confirmation of the Princes right Then the Church may interpret Scripture determine controuersies of faith but cannot establish a Law the reason is because for the establishing of Lawes coactiue power is requisite which is in the Ciuil Magistrate not in the Church And therefore the Canon Lawes can haue no force of lawes but as they are receiued and established by Princes in their seuerall kingdomes For neither can the law haue the force of a law without coactiue power neither hath the Pope any coactiue power in the kingdomes of other Princes but onely in such places where himselfe is a Temporall Prince 5. Secondly we obserue that the high Priest is appointed by God a iudge for interpretation of those lawes that concerne the Church in questions of conscience in causes mixt or doubtfull This might moderate the humours of some who in loue to innouation would leaue no place of iudicature to Ecclesiasticall persons for these things are insert into Moses lawe taken from the law of Nature and not as things Ceremoniall which thing is apparant from the end vse and necessitie thereof for the things which had a necessary vse before the written law and must haue a necessary vse after the abrogation of that law must be acknowledged to be taken from a perpetuall law because there must be a perpetuall rule for a perpetuall necessity This then being perpetuall and necessary matters of question and of Ecclesiasticall audience still arising the hearing and iudging of such things belong to such as are most skilfull in those affaires And hence is the iudicature of fuch things assigned to the Priest which right of Ecclesiasticall iudgements and courts standeth no lesse now due to them in the time of grace then it was under the law because this office in iugdeing hearing and determining is not heere giuen to Priests as a thing Ceremoniall but as I haue declared deriued from the law of Nature as a perpetuall seruice for a perpetuall vse 6. Thirdly we consider that the lawes Ecclesiastical are established by the authoritie of the Ciuill Magistrate but for interpretation of them the Priest is appointed to iudge Hence riseth the ground of Iurisdiction both Temporall and Spirituall wee consider Iurisdiction here as our question importeth authority coactiue in externall iudicature in the execution of lawes The fountaine of this authoritie is in him principally by whose authoritie the law is established and without whose authoritie it is not The execution of this authoritie is in them that are appointed iudges And heerein there is no difference betweene Temporall and Ecclesiasticall authoritie I speake not nowe of Spirituall gouernment by the lawes of God executed within the court of Conscience but of Ecclesiasticall gouernment in the execution of lawes Ecclesiasticall wherin there is vse of coactiue power These two things being in themselues and in nature so distinct if this one distinction might be remembred it is ynough to aunswere all the confused collections of that Catholike Diuine who wrote of late against the fift part of Reports of the Lord Cooke For all that hee writeth there resting vpon no other ground then vpon the confounding of Spirituall and Ecclesiasticall power is answered in one word by this one poore distinction betweene these two powers Now the distinction is apparant because in Spirituall gouernment there is no coactiue power but in Ecclesiasticall iudicature there is coactiue power which maketh an euident and famous difference in Iurisdiction because this is most certaine that all that Iurisdiction wherin coactiue power is vsed is from the Ciuill Magistrate Then if these two
the bright day of humilitie to such as desire to see God Thus write the Fathers of that Councell to Pope Caelestinus intimating by what meanes that smoke did begin to rise to darken the Church which is prophesied in the Reuelation which came out of the bottomlesse piâ—…t like the smoke of a great furnace Vpon these reasons they make a decree to preuent his ambitious desires by which decree they forbid all appellations to Rome or to any other place from Affrica it is extant in the Affrican Councell and this it is Item placuit vt presby teri Diaconi vel caeteri inferiores Clerici causis quas habuerint si de iudicijs Episcoporum suorum questi fuerint vicini Episcopi eos audiant Moreouer it was thought good that Priests Deacons or other inferiour Clarkes if in their causes they complaine of the iudgements of their Bishops they shall bee iudged by the next adioyning Bishops c. And a little after Quod si ab ijs prouocandum putauerint non prouocent nisi ad Affricana Concilia vel ad primates Prouinciarum suarum Ad transmarina autem qui putauerit appellandum â nullointer Affricam in Communionem suscipiatur And if they appeale from them they shall not appeale but to the Affrican Councels or to the Primates of their Prouinces Whosoeuer appealeth to outlandish places shall be admitted to the Communion by none within Affrica This was not so much a new decree as the maintaining of that auncient decreed right which Cyprian doth mention testifying that it was decreed euen in his time by all the Bishops of Affrica Statutum est ab omnibus that the cause should bee there heard and examined where the fault was committed This Canon which was thus established in the Affrican Councell is for clearing of the truth and preuenting of these ambitious courses and claimes of Rome repeated and confirmed also in the Mileuitan Councell where Saint Augustine was also present For it must be obserued that the sixt Carthaginian the seuenth Carthaginian the Affrican and Meleuitan Councels were held all about this time by the same men so great was the care and diligence of the Fathers that by many Councels as it were by so many lights they might dispell the smoake of the darkenesse which they saw then rising out of the Church of Rome which smoake after those times quenched the light and couered the sight of the Church as a mist couereth the heauens 20 Thus did these worthy Fathers dispell this smoke for that time and reiect the yoake of the Popes Iurisdiction In all this businesse S. Augustine had an especiall hand and head And as long as he liued the Popes could neuer preuaile But the Bishops of Rome hauing thus once cast off all regard of truth and modesty were resolued to proceed on in this wretched course and neuer gaue ouer till at last they obtained their purpose There is an Epistle of Boniface the second written after these times extant in the Tomes of councels which whether it bee true or counterfait as much other stuffe is of this argument we are to obserue something out of it because it concerneth this question This Epistle is intituled De reconciliationae Carthaginensis Ecclesiae written to Eulalius Bishop of Alexandria he certifieth the Bishop of Alexandria of great ioy for as much as the Church of Carthage is now returned saith hee ad communionem nostram and receiueth all our mandates which by our Legates wee send them Hee signifieth that supplications must be made to GOD that other Churches may likewise be brought home to the same obedience That the Bishop of Alexandria must giue notice heereof to all the brethren about him that they cease not to giue thanks for such benefites of the heauenly fauour For saith he Aurelius praefatae Carthaginensis Ecclesiaeolim Episcopus cum collegis suis instigante diabolo superbire temporibus praedecessorum nostrorum Bonifacij atque Coelestini contra Romanam Ecclesiam coepit c. That is Aurelius once Bishop of Carthage began with his colleagues by the instigation of the diuell to wax proud against the Romane Church in the dayes of our predecessours Boniface and Coelestinus But Eulalius at this time Bishop of Carthage finding himselfe for the sins of Aurelius cut off from the coÌ„munion of the Church of Rome hath humbled himselfe and sought peace and the communion of the Church of Rome by his subscription and together with his colleagues hath by Apostolicall authority vtterly condemned all Scriptures and Writings which by any wit haue beene framed against the priuiledges of the Church of Rome 21 Whether this Epistle be forged or not it commeth all to one reckoning For if it be forged let the Bishop of Rome take the shame of the fórgery If it be the true writing of the Bish of Rome then he auoucheth that the holy worthy maÌ„ of God S. Augustine with Aurelius and the rest of his colleagues were stirred vp by the instigation of the diuell to withsâ—…and this Romane Iurisdiction We may the better beare the reproaches of the Romish Sinagogue when they sharpen their tongues and pennes against the seruants of GOD in our times seeing they laue done as much against the auncient godly Fathers For what can the late Popes say more against M. Luther Iohn Caluin or any other of the worthies of the reformed Churches then this Boniface the second saith against holy S. Augustine that he with the rest of his company were stirred and instigated by the diuell to stand against the Iurisdiction of the Romish Church Then when we denie their Iurisdiction wee denie it with the Fathers when wee are therefore condemned by the Pope and his Court we are condemned with the auncient Fathers with them we suffer with them we are reuiled and condemned The goodnesse of our cause the fellowship of the auncient Saints the warrant of the truth is able to support vs against the impotent malice and fury of these men that haue no other cause to be offended at vs then their Fathers had against S. Augustine and the rest of the auncient and holy Fathers who haue resisted the Romish Iurisdiction and therein haue left a worthy example to vs to follow their foot-steps Thus we see the Popes Iurisdiction was first attempted by forgery and afterward by falshood and tyrannie effected 22 Other Churches were afterward in time drawne to the obedience of this Iurisdiction The Churches of Rauenna Aquileia and Millane were long after this brought vnder the same yoake by Pope Stephen the third saith Sabellicus But Platina saith that Millaine was drawne to this obedience by Stephen the ninth If this be true then Millain stoode out till the yeare of Christ nine hundred and fourty And thus the quarrell for Iurisdiction was begun by Zozimus maintained by Boniface and Caelestinus but reiected by these Affrican Councels The cause was much helped by some that succeeded as Leo and
against the greater part The King of England by publicke writing protested against it when first it was appointed by the Pope to be held at Mantua the reasons which King Henry alleaged against it are these That it belonged not to the Pope to cal Councels but to the Emperor to the Kings of Christendom that the Pope himselfe was to be censured by the Councell and therefore Italy was no fit place for it that there was no caution made to him and his Embassadours and Bishops for their safe conduct that though there were publike caution giuen yet the practice of Popes in breaking their faith and violating publike cautions and sucking the blood of innocent men was too well knowen In fine the King giueth aduise to all other Princes and Magistrates to gouerne their owne people to establish true religion to reiect the Popes tyrannie as hee had done 16. The French King made like Protestation against this Councell of Trent for the Abbot of Bellosan the French Kings Embassadour obtaining admittance into the Councell though not without great difficultie in the middest of that assembly against the expectation of many deliuered the Kings protestation thus That it was neither safe nor fit for him to send his Bishops to Trent that he held not that assembly for a publike and generall Councell but rather for a priuate conuenticle gathered not for the common good but for the pleasure and profite of some few that neither he himselfe nor any of his kingdome should be bound by those decrees and if need required that he would vse such remedie to restraine the Popes as his Auncestours had vsed before Thus did these Kings then protest against that Councell especially because it was called by the Popes authoritie who had no right to call generall Councels And both these kingdomes and the Churches therâ—…in haue withstood the authoritie of this Councell yea the French Church of Papists would neuer admit the Councell of Trent so that it is not onely dissallowed of vs but by a number of them who professing to follow the auncient Church of Rome yet vtterly reiect this Councell of Trent as swaruing from the Church of Rome Of the Princes of Germanie there is no doubt made but that they would neuer yeelde consent to it Then generall it cannot be when as so many and so great a part haue withstood it yea a farre greater part then they can make who held it 17. And whereas in all ancient generall Councels the freedome and libertie of Bishops and of all that had voices in Councels was nâ—…uer impeached in this Councell of Trent it was quite otherwise for none might be admitted to haue voice therein but only such as should be bound in an oath of bondage and slauerie to the Pope And therefore when the Embassadours of Maurice Duke of Saxony came to the Councell and proposed from their Master these petitions That the forme of safe conduct might be made for his Diuines according to the forme which the councell of Basill graunted to the Bohemians that is to say that these particulars might be expressed therein that they also with other might haue deciding power that in euery controuersie the holy Scriptures the practise of the auncient Church the ancient Councels and Fathers agreeing with Scriptures and founding them vpon Scriptures might be admitted and receiued for the most true and indifferent iudge for thus much was contained in the safe conduct graunted by the Councell of Basill to the Bohemians that there might bee no proceeding till his Diuines came that when they were come all things precedent might be recalled that the Councell might be free for all nations that the Bishop of Rome might submit himselfe to the Councell and remit that oath which he had taken of the Bishops which were of the Councell that their voyces might be free and without such euident partiality and preiudice as they brought with them who were bound by oath to doe nothing against the pleasure of the Pope these petitions were reiected freedome vtterly excluded partiality and preiudice maintained with resolution 18. And that the same Councell of Trent was not a lawfull assembly it is no lesse euident because it was not called by lawfull authoritie for it was called onely by the Popes authoritie who neuer had authoritie to call generall Councels And though Charles the fift then Emperour was at the first drewen to yeeld a consent yet the Pope would neuer allow that the Emperour should haue the authoritie to call the Councell and to appoint the place as alwayes it was the Emperours Iurisdiction in auncient Councels but this Iurisdiction the Pope by vsurpation drew to himselfe in the Councell of Trent Insomuch that when the Emperour vtterly dissallowing the translation of the same Councell to Bononia wrote to them and sent his Embassadour Vargas to protest against them that he would hold all as vaine friuilous and vnlawfull whatsoeuer they did tearming them not a Councell but a Conuenticle Montanus the Popes Legat answered that it should neuer be indured that the Ciuill Magistrate should haue authority to call Councels or to appoint the place thereof To this purpose the Pope also writeth to Charles that the Emperour hath no right herein but the Pope himselfe is the man Qui solus iure diuino humano cogendi 〈◊〉 decernendi de rebuâ—… sacris potestatem obtineat This authoritie then being vtterly denied to the Emperour for calling the Councell of Trent we say that Councell was an vnlawfull assembly because it was not gathered by the authority of the Emperour and of Christian Kings And when it was thus gathered neither a generall Councell nor a free nor a lawfull Councell yet as it was with all these foule faults it could not serue the Popes turne vnlesse singular fraud and deceit had bene practised Olaus Magnus was intituled Archbishop of Vpsala and blinde Sir Robert a Scottishman was intituled Archbishop of Armach in Ireland so that for want of true Bishops some were set vp onely in name to fill vp the number and giue voices 19. And when all other shifts would not serue the Pope still reserued one for the last cast The greatest part of them that were present had a purpose to curb the Popes Iurisdiction especially the Spanish Bishops who saith Sleidan were most diligent in this Councell These combined with those few Germane Bishops which were there resolued saith he Pontificis Romani potestatemintra certos fines includere nec illius aulae tantum facultatis in omnes prouincias attribuere That is To reduce the Popes authority within some bounds and not to yeeld such power to that Court ouer all Prouinces The Pope fearing such a thing afore prouided that the greatest part of Bishops should be Italians none might be admitted of any other Nation but such as were made obnoxious to the Pope aswell by some other respects as by an oath If any were
they whom he had banished from Parma were returned thither by the Popes practise and taking the Towne by force had giuen a great ouerthrow to the other Citizens fearing least this example might draw other Cities to the like reuolt he gaue ouer the iourney to Lions and wrote Letters to the French King and all Prelates refuting the Popes friuolous obiections declaring the iustice of his cause and his innocency Innocentius regarding neither iustice nor innocency pursued him by violence malice open warres secret conspiracies seeking all meanes that his vnholy head could inuent to take away the life of Fredericke As he was taking his recreation in hauking at Grossetum by the Sea shore neare to Sien the Pope drew his owne seruants to a conspiracy the conspiracy was detected and the traytors had the reward of their treason Innocentius who could not rest till he had done some Pontificall exploit against the life of this Prince stirred vp the Princes of Germany to thrust downe Fredericke and to set vp another first was set vp Henry Lantgraue of Thuringia this man besieging Vâ—…mes was wounded by the shot of an Arrow and shortly after resigned both his life and the Empire After this was William Earle of Holland set vp this man was slaine in the warres which he had gaged against the Frisians neither of these saith Naucler were numbred among the Emperours At last after so many secret traps laid for the life of this Prince behold the end of the Popes malice where strength faileth the Emperour was destroyed by poison King Iohn of England 124. THe King of England sped no better then others for by this vnbridled power of vsurped Iurisdiction King Iohn with the whole Kingdome was brought into great trouble and perplexity these troubles grew vpon a quarrell of Election betweene the Monkes of Canterbury and the Suffraganes in the seuenth yeare of King Iohn for after the death of Hubert Archbishoppe of Canterbury the Monkes without the knowledge of the King or respect of the Suffraganes chose Reynold the Subpriour of the house to be Archbishoppe who secretly went to Rome to haue this his election confirmed by the Pope but stay was made at Rome because he shewed not Letters commendatory from the King The Monkes perceiuing that without those letters commendatory they could not proceede made request to the King that they might chuse another whom the King might commend this the King liked well and commended Iohn Gray the Bishoppe of Norwich being his Chaplaine and President of his Counsell as Hollinshed saith but Mat. Paris whom he cyteth hath not so much The Monkes gladly obeyed the Kings request and madâ—… choise of this man but the Pope refusing both thrust vpon them Stephen Langton commanding and compelling so many of those Monkes of that Couent as were then at Rome to chuse him the King was herewith much moued because Stephen Langton was brought vp vnder the French King and bound to him betweene whom and King Iohn there was at that time much warre and dissention wherefore the King banished the Monkes that had chosen Stephen and wrote to the Pope that he had no reason to admit Stephen to such a place in his Kingdome a man promoted by the French King and at his commaund This contention continuing the Pope sent to the Bishoppes of England commaunding them to put the King and his land vnder the sentence of interdiction denouncing him and his land accursed The Bishoppes to whom the Pope wrote being by this time become the Popes subiects and sâ—…ruants and not the Kings which is the end which the Pope seeketh by his Iurisdiction denounced the interdiction and then fledde to Rome King Iohn seeing many fall from his obedience to the obedience of the Pope drewe his people to an Oath of Alleageance After this came Paâ—…dulph Legat from the Pope who after that he had beene here a while was commaunded by the Pope to repaire to the French King there with Stephen Langton to take Councell and to stirre vp the French to make warres vpon King Iohn Thus King Iohn was depriuâ—…d of his Gouernement his subiects absolued from their Alleageance by which practise many reuolted from him so that he was left weake and when the Popâ—… had thus weakned him then he set vp the French King in armes against him The issue was this The King circumuented by these practises of the Pope and oppressed being also bereaued of all helpe was forced to deliuer his Crowne to Pandulph and receiued it from him againe as from the Popes hands And thus was Stephen Langton made Archbishoppe this was done in the fifteenth yeare of King Iohn An. Dom. 1213. The Earle of Tholous 125. WHen Frederick the second liued so persecuted by the Pope as we haue declared a new and strange generation rose vp of a suddaine neuer seene in the world before starting vp like those armed Souldiers which the Poets faine to haue sprung vp suddenly of the Serpents teeth being sowed by Cadmus Such a serpentine generation of Friars were newly hatched at this time the first founders of them were Francis and Doâ—…inick For the Popes hauing a purpose to raise themselues aboue the Church and aboue Kings and Emperours as both by their profession and claime in the Canon Law and by their practise was apparant and for this purpose thundring out their excommunications vpon euery occasion practising this power in deposing Princes found themselues much crossed in these courses by Bishops and especially by the Bishops of Germany who stood out for a long time faithfull in the Church and couragious against the Popes tyranny Auentiâ—…us giueth many testimonies of the courage of the German Bishops as else-where also we haue obserued of the English Bishops for he writing of the times of Frederick the second the Bishops then saith he were not as now they are addict to the seruice of the Pope giuen to idlenesse and pleasure but learned industrious louing Christ and declaring their loue by feeding their flockes diligently These were not for the Popes purpose For in diuers Synodes they censured the Popes folly and ambition freely and withstood his tyrannie Then was the Church so gouerned by Bishops all matters so iudged and determined that the Pope might aduise but hee could not by authority attempt any thing in the Prouince of any Bishop thinges being guided by truth law the iudgement of the wisest and best learned in the Prouince and by the Councel and common consent of the Clergy of that Prouince Who had reason to know the estate of their Church and Prouince better then the Pope or any stranger could doe This godly order in the Church the Pope had a purpose to confound to oppâ—…esse the Bishops authority and to draw all power to himselfe Hoc iâ—…stitutum to vse the words of Aueâ—…tinus tollere antiquare Episcoporum autoruatem Labefactare ad vnius cuâ—…cta potestatem redigere complacitum est 126. This being the purpose of Popes
for the better effecting of it it was thought fit expedient to raise vp new Sects of Friars which might be wholly at the deuotion and direction of the Pope to dissolue the discipline of the Church to mollifie and corrupt the auncient rigour of Bishops to alter the auncient doctrines and bend them to the Popes purposes and to be resolute and desperate Ministers for establishing the Popes authority and Iurisdiction oueâ—… Kings though it were to the wrack and common disordering of Christendome For these purposes were Friars established at this time And they wrought effectually to these ends For the grauity integrity true honor courage constancy and â—…eputation of Bishops was neuer vtterly ouerthrowne till Friars became Bishoppes then came these corruptions into Bishops Courts Then and neuer before came in these sordidous censures to punish sinne with pecuniary mulcts in Bishops Courts as Iâ—…hn Wiclif doth witnesse then and by them crept in the great corruptions of doctrine And because when the Pope had excommunicated and deposed Princes the Bishops in former times were not onely cold in executing the Popes fury but sometimes withstoode those attempts as new rash and bloudy the Friars were câ—…eated to bee the firebrandes of Christendome for all the Popes furious enterprises 127. The first seruice which the Friars did performe to the Pope was in the execution of his excommunication against the Earle of Tholouse The manner thereof by Mathew Paris and other Writers is described thus Raimundus Earle of Tholouse was much enuied by the Pope for fauouring them who then were called Aâ—…bigenses The Pope without examination of his cause without iudiciall proceeding against the Earle excommunicated him and gaue his lands to Simon Montford Which gift when Simon claimed in a parly before the Popes Legate the Earle defended his right and entreated the Cardinall the Popes Legat to come to his Cities And if hee found any that held any erroneous point of doctrine he promised it should be reformed And hâ—…rein the Earle promised his best helpe and assistance to the Cardinall So confident was the Earle knowing that no errour in doctrine could be found in his people knowing also that the quarrell was not then for doctrine but onely for Iurisdiction And this thing the Cardinall well vnderstanding would not make any examination of thâ—…ir Doctrines Onely it was concluded that the Earle and his people must be vndone and no other agreement might be admitted but this that the Earle must depart from his inheritance and suffer his people to be at the Popes pleasure The Legat hauing a purpose to raise great summes of money through Fraunce for this seruice applied that businesse and in the meane time this new generation of Friars were sent and dispersed in euery corner of France to incite men to take the Crosse and fight against the Albigenses 128. But especially and aboue all other the new start-vp S. Dâ—…inick was a man of great vse imployment in this seruice He went like a fire-brand through France and stirred vp both Princes and people to take the Crosse and to fight against the Earle and his people as against Turks Saracines The French King himselfe tooke the Crosse. The King and the Cardinall raised an Army of fifty thousand fighting men besides Wagganers Victualers c. And came before Auinion the Earles chiefe City In the siege there were two and twenty thousand of French slaine and drowned the Citizens valiantly defending the City In the meane time King Philip died and King Lewes who succeeded him died also in the Camp before Auinion The Cardinall perceiuing that the City was so well defended that all the losse fell on the besiegers seeing that by direct meanes he could not preuaile he put of the Lyons skinne and put on the skinne of the Fox and so preuailed by falshood in the end For he tooke a solemne Oath that if the people would let him in and the Bishops who were with him they would onely examine them of their faith and Religion and would attempt no other thing The people being well assured that for matters of faith and Religion nothing could be found against them assented to the motion of the Cardinall Whereupon the gates were set open to the Cardinall and so the City was betrayed For with the Cardinall and Bishops the French Souldiers thrust in and tooke the City By this meanes was Auinion brought first vnder the Popes yoakâ—… and made afterward the chiefe City of his residence for a time For Clement the fift in the yeare one thousand three hundred and fiue translâ—…ted the Popes seate to Auinion from Rome where it remained for the space of threescoâ—… and fourteene yeares 129. Though afterward the Earle repairing his Armie gaue the French diuers ouerthrowes yet could he neuer recouer this great losse Fasciculus Temporum witnesseth that because tho Albigenses were ouerthrowne by them that bare the Crosse therefore the Pope instituted a new Order of Friars called Crâ—…ciferi In all this action the industry and valour of Doâ—…nick is much celebrated by the Stories of this time the whole praise of this ouerthrow is attributed to him Of him Platinâ—… witnesseth thus much Quos Albingâ—…nses Dominicus 〈◊〉 â—…ritate compescuit adiuâ—…ante etiam Siâ—…one Montiforti non enim disputationibus verum armis opus fuit adeo 〈◊〉 tâ—…nia haeresis That is Dominick did tame the Albingenfes in a marueilous short time by meanes of the Armie which Siâ—…on Mâ—…ford brought For that heresie was so rooted that there was no vse of Disputation but of armed prouision against them Then we see that the first Order and Institution of Friars was founded in blood and treacherous practises against the State of Princes that withstood the Popes Iurisdiction And herein the Popes end may appeare in aduancing Friars not by disputations to search out a truth but by force and armes to oppresse the Popes aduersaries and so to fill Christendome full of blood and rebellions Conradus and Mamphred Kings of Sicily 130. THe next Prince that felt the stroake of the Popes Tâ—…derbolt was Mamphred King of Sicily Sicily with Naples being the auncient right of the Empire the Popes hauing gotten so much of that which before was the Emperours were desirous to haue this also to helpe the patrimonie of poore Sainâ—… Pâ—…ter After the fall of the Empire the Moores had taken Apulîa and Sicily and held those lâ—…ndes by force vntill one Robert Guiscard comming out of Fraunce with an Army draue out the Moores and first wonne the Dominion of Apulia and after in like sort of Sicily The Kingdome of Sicily he gaue to his brother Roger Rogâ—…r left it to William These men possessed it by the right of Conquest driuing thence the and Infidels But the Pope hauing no other Title but because he must succeede the Emperor in Italy first excommucated and deposed William After this Otho the fourth whom the Pope raised vp in rebellion against Philip got the
said Pope had annihilated the Emperours Election and that therefore the Emperor had no right to administer the imperiall lawes but that this administration belonged by right to the Pope To this the Emperour answereth That this standeth against the liberties of the Empire and against the liberties of them that are Electors against the lawes and liberties of all the Princes and subiects of Germany 144. And whereas thirdly the Pope obiecteth that he hath excommunicated all that shall adhaere performe obedience and reuerence to the Emperour and saith that the iudgement of the Pastor whether it be iust or vniust is to be obserued To this the Emperor answereth That these denunciations are of none effect for it is a rule that if a Prelat in commaunding or forbidding shall not keepe the forme prescribed by the Canons they who disobey him doe not incurre the sentence of excommunication Now the Canons and the Church doe take from the Pope power in temporalities which power Iohn the two and twentieth vsurpeth this is one of those cases wherein the sentence of a Prelat is not to be feared Another reason is because by law that sentence is of no force where there is an expresse errour in the sentence as if a subiect should be commanded not to obey his Superiour or if something should be commaunded against God or against holy Scripture Now it is manifest that Iohn the two and twentieth hath commaunded the subiects of the Empire not to obey vs whom they are bound to obey by the lawes of God and man Another reason is because it is a thing confessed that the sentence which is giuen after a lawfull appeale is void and of no strength but it is well knowne that from Iohn the two and twentieth and his Processes against God and iustice we appealed to a generall Councell and to the holy Catholicke Church which appellation was brought to the knowledge of the said Iohn before he published Excommunication against them that fauour vs. 145. If it be said the Pope hath no Superiour and therefore no man may appeale from him To this the Emperour answereth thus It is manifest by the Catholicke doctrine that the Pope in matters of faith is subiect to Councels 16. dist sicut in tex in Gloss. 25. q. 2. sunt quidam 19. di Anastasius 40. di Si Papa Moreouer in matters of diuine right a Councell is aboue the Pope Thus then we haue appealed to a Superiour that is to a generall Councell against our aduersaries who impugne vs the Empire the Catholicke faith which the holy Church of Rome handleth This is the summe of that Decree which the Emperour published against the Pope it was dated at Franckfort the eighth of August Anno one thousand three hundred thirty and eight The processe of this worthy Prince giueth vs occasion to consider some things which declare the sense iudgement and Religion of the Ghurch of Rome at this time By the Church of Rome I vnderstand these Westerne parts of Christendome for so I find it tearmed heere and other-where separate and distinct from the Pope 146. For first by this appeale from the Pope to a generall Councell we finde that it was the iudgement and common receiued sentence of that age that a general Councel is aboue the Pope may iudge the Pope censure and depose him this is here declared and confirmed this was not onely the doctrine of the Church then but long after it continued and was neuer denied by the Church of Rome before the Councell of Trent as hereafter we shall declare Moreouer we finde a distinction obserued by the learned men that held this Assembly that is by the Prelates of the Empire for so the Decree runneth De concilio ac assensu Praelatorum omnium c. And many other learned men of Christendome yea many Friars which were here assembled especially the Minorites who were then oppressed by the Pope The distinction I say betweene the Pope and his flatterers on the one side and the Church of Rome on the other side For the Emperour appealeth from the Pope to the Church and this was a practise vsed by diuers as hereafter we shall obserue Then the Pope and his flatterers did not represent the Church of Rome as now they pretend to doe Againe wee obserue that the Emperour being defamed for heresie and appealing to a generall Councell as he denieth the Pope to be his Iudge so he refuseth not to be iudged by the Church for as S. Ambrose saith Imperator intra Ecclesiam non supra Ecclesiam est Then the authority of the Church bindeth the greatest members thereof euen Kings and Emperours If our aduersaries obiect against vs and our Church why then doe you giue to the King the Title of supreame head or Gouernour of the Church We answere such obiections proceede from an obstinate and wilfull ignorance in mistaking of our doctrine For when the question is of Iurisdiction externall coactiue wee giue to the King the place of a supreame Iudge but if the question bee of faith and Religion we say the King is no Iudge but to be iudged by the Church as we see godly Princes haue beene and namely this worthy Prince Lodouicke who being accused of heresie by the Pope appealeth to the Church 147. Last of all we obserue in the sense and iudgement of this Emperour and of the learned men that were assembled with him that in the point of Iurisdiction no such thing is left to the Pope as he claimeth For in matters of faith the Iurisdiction is in the Church as here it is acknowledged in matters of coactiue power the Iurisdiction is in the Emperor as all these learned men did yeelde in this Councell and after the Councell did maintaine by their writings For wee finde the same trueth maintained by William Ockham Marsilius Patauinus Michael Caesina and many moe who with great courage and learning did maintaine the Emperours Iurisdiction heerein against the Popes vsurpation This wisedome and moderation of the Emperour in defending his right not onely by force of Armes but by learning and iudgement moued the Pope who succeeded Iohn the two twentieth that is Benedict the twelfth in spite of malice to giue him many hoâ—…orable testimonies to promise to restore him by absolâ—… agâ—…ine to this place But the Pope did but fraudulently put him off from day to day which thing when the Emperour perceiued he called a Diet of the Empire at Rensium where he did with that wisedome courtesie and liberality binde the Princes Electours to him that they tooke a solemne Oath to maintaine the liberties of the Empire and decreede that all the processes of Iohn once Pope against Lodâ—…uick were of no force and that the Pope ought not to attempt such things against the Emperour seeing their Iurisdictions were so much distinct 148. Clement the sixth sucoeeded Benedict the twelfth this Clement falling into deeper fits of rage against the Emperour then his Predecessours
personis id intelligendum est non de vniuersali Ecclesia quae saepe obedientiam iustis de causis Romanis Pontificibus subiraxit vt Marcellino Anastasio Liberio Ioha 12. Benedict 9. Benedicto 13. Iohanni 23. That is That is to be vnderstood of particular Churches persons not of the Vniuersall Church which many times vpon iust occasions hath withdrawen obedience from the Bishops of Rome as for example from Marcellinus Anastasius Liberius Iohn the twelfth Benedict the ninth Benedict the thirteenth Iohn the twentie three They haue in like sort concluded that the Popes Gouernment in the Church is to be admitted not that he rule at his pleasure but according to the doctrine of Saint Peter Ut ipse Ecclesiam Dei salubriter regat non quidem vt pro libito voluntatis suae cuncta peragere velit spreâ—…is canonibus sacrorum conciliorum sed iuxta beatiss Petrâ—… doctrinam sic regat non vt dominans in clero sed vt formafactus gregis Romanus enim Pontifex est vniuersalis Ecclesiae minister non Dominus That is That he may soundly rule the Church of God not that he should doe all things according to the lust of his owne will reiecting the Canons of holy Councels but according to the doctrine of Saint Peter let him so rule not as a lord ouer the Lords inheritance but as examples to their flockes for the Bishop of Rome is the Minister of the Vniuersall Church and not the Lord. They haue concluded that if this Iurisdiction bee graunted to the Pope which he claimeth aâ—…d which his flatterers pretend for him that by this meanes the way is laid wide open for Antichrist Aperite oculos videte qualis ex hoc daretur ingressus Antichristo That is Open your eyes and behold what an entrance by this meanes would be made for Antichrist So that they who yeeld any authoritie and reuerence to these Councels must needs acknowledge that the Popes Iurisdiction is laid downe in the dust 47. Now let Bellarmine come with his fine distinctions and tell vs that these Councels are partly confirmed partly reiocted partim confirmata partim reprobata these be pleasant heads that can take of these Councels what pleaseth them and reiect all that is against them but let them collude with their owne consciences as they list they are not able to answere that which we vrge or any way to shift vs off for wee doe not vrge these conclusions as decrees of Councels though against them they may iustly stand for such but wee doe not produce them to that end but onely to declare the religion sense and iudgement of Christendome what it was at this time and before what was the doctrine of the Church concerning Iurisdiction What the wisest the most learned and best men in Christendome then taught What was the iudgement of the Church of Rome then This is euidently declared by these Councels and that we may vrge no more but this by this wee haue enough to proue that the Church of Rome then stood fully against the Popes Iurisdiction If they tell vs that Eugenius and they who followed him was the Church and not these that were gathered in Basil I aunswere this doth more and more confirme that which I haue obserued betweene the Church of Rome on the one side and the Pope with his flatterers on the other side who albeit they haue gotten the vpper hand by force and fraud yet let them know the basenesse of their birth and progeny they are but a late vpstart generation beginning when Friars began lifted vp by the winde which themselues did raise for increasing the Popes pride crossed and contradicted yea refuted and condemned by the learned and godly that liued in the Church of Rome neuer fully preuailing before the Councell of Trent Then let them not demaund of vs such fâ—…iuolous questions where was our Church before M. Luther for we are able to shew both our Church and their Church the antiquitie and not interrupted continuance of the one and the base vpstart and late rising of the other §. 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 other 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 Councell of Constance who hath written diuers bookes wherein he preferreth the authority of a Councell before the Popes authoritie 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 question of Iurisdiction First he describeth that spirituall power which Christ hath left to his Church thus Potestas Ecclesiastica est potestas quae à Christo supernatur aliter specialiter collata est suis Apostolis discipulis ac eoruÌ„ successoribus legitimis vsque ad fineÌ„ saeculâ—… â—…d aedificationeÌ„ Ecclesiae militantis secunduÌ„ leges Euangelicas pro 〈◊〉 faelicitatis aeternae That is Ecclesiasticall power is a power supernaturally especially giuen by Christ to his Apostles and Disciples and their lawfull successors vnto the end of the world for the edification of the Church Militant according 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 ignorance and confusion confounding this power which is spirituall 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 perplexe themselues and their readers but of all that euer I read 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 Euangelicas this is the true power of the Church But our question hath beene altogether of Iurisdiction coactiue executed not secundum leges Euangelicas therefore not giuen by Christ to his Church but belonging to such lawes to whom all coactâ—…ue power peculiarly belongeth 50. Of this coactiue power the same Gerson saith thus Potestas Ecclesiastica Iurisdictionis in foro exteriori est potest as Ecclesiastica
tearme it from whence all Spirituall Iurisdiction must proceed to others some adde also Temporall of Spirituall Iurisdiction Bellarmine saith all Bishops receiue Iurisdiction from the Pope The like some of them or some others teach also of Temporall power the difference which they obserue is that Spirituall power is deriued from the Pope to all Bishops but Temporall power is giuen to execute some seruice Augustinus Triumphus of Ancona who wrote about three hundreth yeeres agoe at the commaundement of Iohn 22. Pope set foorth of late by the authoritie and priuiledge of Gregorie 13. did long before the Iesuits dispute this question of the Popes Soueraigne authoritie ouer Princes since which time the Friars haue closely followed his footsteps His assertion is Omnis potestas imperatorum regum est subdelegata respectu potestatis Papae And againe in the same place Omnis potestas saecularis est restringenda amplianda executioni mandanda ad imperium Papâ—… These and the like positions are now resolutely and stiffely maintained by the Iesuits and others of that faction 3. This agreeth well with the Canon lawes which are the fundamentall lawes of the court of Rome For thus they say Nos tam ex superioritate quam ad imperium non est dubium nos habere c. That is we aswell by that soueraignetie and right which without all doubt we haue to the Empire as also by that power whereby we succâ—…ed the Emperour in the vacancie of the Empire and no lesse also by the fulnesse of that power which Christ the King of kings and Lord of lords hath in the person of Saint Peter graunted to vs though vnworthy declare all such sentences and processes made by Henry 7. void and of none effect Thus saith Clement 5. Pope against Henrie 7. Emperour To the same purpose saith Boniface 8. Pope in a Constitution of his Oportet gladâ—…um esse sub gladio c. That is one sword must be vnder another sword and the Temporall authoritie must be subiected to the Spirituall authoritie for when the Apostle saith there is no power but of God and the powers that are are ordained of God They could not be ordinated vnlesse one sword were vnder another and a little after Thus of the Church and of the power Ecclesiasticall is verified the prophecie of Ieremie behold I haue sâ—…t thee ouer nations and kingdomes to plucke vp and to root out and to destroy and to throw downe and to build and to plant And againe we declare we say we define we pronounce that it is necessarie to saluation to beleeue that euery humane creature is subiect to the Pope of Rome These be the lawes of the court of Rome which some of late haue so much adored as to call them Catholike Diuinitie and which for truth and certaintie and for authoritie ouer their consciences they hold comparable euen with the holy Scriptures 4. By all which wee collect the doctrine of the court of Rome or the Popes faction to be that the Pope hath all power Spirituall and Temporall aboue all other whatsoeuer This I call the opinion of the Court of Rome or the Popes faction because we finde the most learned of the Church of Rome to hold the contrary For concerning spirituall power the best learned of the Church of Rome yea and whole councels maintaine the Spiritual power of the Church to be aboue the Pope as hereafter we shall declare And for this Temporall power aboue Kings and Emperours claimed by the Popes in their Canon Lawe maintained by their flatterers it seemeth so straunge so new and absurd that they who maintaine it are not as yet agreed vpon the state of the question For some hold that the Pope hath this power directly ouer Princes as the Canonists to whom some of the Shoole-men may be added as Triumphus and some of late called Congregationis Oratorij as Cardinall Baronius Bozius and such Others denying this direct power hold that the Pope hath the same power but indirectly as depending vpon his Spirituall power of this opinion is Cardinall Bellarmine and others these both hold the same conclusion but differ in the manner of holding it Others there be who are in some sort content to allowe the Popes Fatherhood in spirituall matters in case lie would not prooue incorrigible but vtterly denie this power ouer princes both direct and indirect of this opinion was Guil. Occham Ma' silius Patauinus and other learned men of the Church of Rome And of late Guil. Berclaius a French Lawyer hath with great learning refuted both the former opinions of the Popes power direct and indirect against Bozius and Bellarmine and yet this man professeth himselfe to be resolued to liue and die a Papist so that on the one side stand all the reformed Churches and many of the best learned of the Church of Rome I may say all the Church of old and of late On the other side standeth the Pope with his faction that is his flatterers and this I call with some of former ages the Court of Rome this is the opinion of our aduersaries 5. Our positiue sentence against this standeth in two parts as the Pope hath incroached on two sides both vpon the right of Kings and of the Church Concerning the Kings right we hold that in externall coactiue Iurisdiction the King hath supreame authoritie in all causes and ouer all persons Ecclesiasticall aswell as Ciuill This is that which hath bene published by diuerse writings and ordinances which by publike authoritie haue beene enacted and published declaring that the King within hi Dominions hath this soueraigne authoritie and that heerein there is no forraine power aboue the King The authority of the Church hath beene in like sort vsurped by the Pope by drawing to himselfe a supposed title of the head of the vniuersall Church by deuising a straunge authority in the fulnesse of power by claiming a newe and straunge priuiledge of his not erring iudgement and making himselfe the onely iudge of controuersies of faith This power in iudging and determining of controuersies of faith and religion being partly in the Church partly in the Scriptures the Pope hath wrested from both first extolling the Church aboue the Scriptures and then setting himselfe aboue the Church Then that the limits of each power may be truely knowne we giue all spirituall power to the Church all externall coactiue iurisdiction to the King when each of these shall haue taken vp his owne right there will not be so much left to the Pope as these great flatterers the Iesuits seeke to heape vpon him Our purpose is first to dispute the right which Kings haue in coactiue power ouer all persons and in all causes euen Ecclesiasticall within his dominions by persons ecclesiasticall wee vnderstand Archbishops Bishops Deans Rectors and all other set in calling and place Ecclesiasticall by causes Ecclesiasticall wee vnderstand causes Ecclesiasticall of externall coactiue
power of the spirit tooke vpon them power aboue the Ciuill Magistrate practising wholly coactiue power which they called Spirituall when they had forsaken the power of the spirit and reiected it from them 5. The Iurisdiction which the Apostles practised was partly from the commission of Christ spirituall partly from the law of Nature and from the example of that gouernment which was established in the Church of the Iewes The things which belonged to Apostolicall Iurisdiction either concerned the gouernment of the ministery or of the whole Church Touching the gouernement of the ministery these things belonged to the Apostles so long as they liued and afterward to Bishops their successours First a power to ordaine ministers Thus did Paul and Barnabas when they called Churches through Lycaonia Pisidia and Pamphylia They ordained Elders in euery Church Elders that is Pastors Preachers to preserue the Doctrine continually which the Apostles had once planted And this charge to ordaine Elders or Priests did the Apostles leaue also to them that succeeded in the gouernement of the Church This commission Saint Paul gaue to Titus For this cause I left thee in Crete that thou shouldest continue to redresse the things that remaine and ordaine Elders in euery city as I appointed thee which ordaining signifieth also institution in the place or cure they ministred in 6. The Apostles had also in themselues and left to their successours power and Iurisdiction to command those Pastors which thus they had ordained to preach the truth without mixture of false doctrines This power as Saint Paul had in himselfe so he left the same to Timothie and consequently to others As I besought thee to abide still in Ephesus when I departed to Macedonia so doe that thou maist command some that they teach no other doctrine These were the principall parts of Iurisdiction which the Apostles left to their successors to continue in the Church for euer For the end and vse of this gouernment is perpetuall as to ordaine Preachers and to see that they so ordained should teach the truth without heresie It followeth certainely that such gouernours as the Apostles themselues ordained in the Church for these perpetuall vses are to remaine perpetuall gouernours in the Church Thus was the gouernement of Bishops placed by the Apostles to stand and continue till the end of the world because the Apostles placed such for the ordination of ministers and the preseruation of true Doctrines For they who aunswere that these offices and places wherin the Apostles placed Timothie and Titus were either extraordinarie or to indure for a short time do not consider the end and vse of these places which end and vse is neither extraordinary nor temporary but ordinary and perpetuall For ministers must be ordained commanded to preserue the truth without heresie as long as the Church standeth Then the necessitie and vse of the ends will prooue the like necessitie and vse of these gouernours which by the Apostles were placed for these endes 7. Another part of this Iurisdiction and depending vpon the last was that which the Apostle leaueth in commission to Titus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to stoppe their mouthes For which cause the Angell of the Church of Thyatira is reprooued by Christ because he suffered a false Prophetesse to teach and to deceiue the people and to make them commit fornication and to eate meat sacrificed to idols If Titus be commaunded to put some to silence and the other reprooued for suffering a false teacher to teach then the gouernours of the Church haue authoritie and Iurisdiction in these things but how farre it is extended we shall consider hereafter But because it may be questioned whether 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be to silence ministers or to conuince them by argument To this wee ' aunswere that albe it wee denie not conuiction by reason to be also included in the word yet there is a further meaning of iudiciall proceeding by authoritie heere vnderstood which thing will appeare by conference of this and other places For Saint Paul hauing first declared that he left Titus at Crete to ordaine Elders describeth what manner of men they must be that are so to be ordained For a ' Bishop must be vnreproueable c. Then he declareth that many be otherwise for there are many disobedient and vaine talkers and deceiuers c. If the question be demaunded what shall be done to these deceiuers the wordes immediatly following containe an aunswere whose mouthes must be stopped So that the sense of these words is the same with that which hee saith to Timothie charging him to command some that they teach no other Doctrine Then the word containeth not only conuiction by argument but Iurisdiction also For conuiction by argument onely would not haue serued to suppresse the false Prophetesse of Thyatyra And if a minister be accused of heresie or such like he was to be iudged by such as were set in chiefe authoritie in the Clergie For that there was a consistory and iudiciall proceedings set vp it is euident and no lesse euident that the Bishop was iudge Against an Elder saith S. Paul to Timothie receiue none accusation but vnder two or three witnesses Now he that is appointed to heare accusations to receiue the testimonies of witnesses is placed in a place of iudgement with Iurisdiction and therefore hath authoritie not onely to conuince by argument but also to proceed iudicially against false teachers and to put them to silence 8. Thus farre was Iurisdiction practised ouer ministers the things which follow touched the whole Church Another part of Iurisdiction practised by the Apostles touching the Church in generall was to call Councels for the determination of such controuersies as were raised vp by them that troubled the doctrines of the truth and peace of the Church Such was the Councell gathered by the Apostles Act 15. Consisting of Apostles and Elders that is of persons Ecclesiasticall wherin sentence proceeded after good deliberation and great disputation This is the greatest power or Iurisdiction of the Church because the whole or many chiefe parts together is greater then any one part 9. Further concerning the extension of this Iurisdiction it cannot be denied but that there is a power in the Church not only internall but also of externall Iurisdiction of internall power there is no question made Externall Iurisdiction being vnderstood all that is practised in externall Courts or consistories is either definitiue or mulctatiue Authority definitiue in matters of faith and religion belongeth to the Church Mulctatiue power may be vnderstood either as it is referred to spirituall censures or as it is with coaction as it standeth in spirituall censures it is the right of the Church and was practised by the Church when the Church was without a Christian Magistrate and since But coactiue Iurisdiction was neuer practised by the Church when the Church was without
accounted chiefe in succeeding the Apostles whose life and conuersation was most Apostolicall Wherefore as the auncients gaue this honour to the Bishops of Rome for their godly liues to call them the Apostles successours so when they found other Bishops who in vertue excelled they gaue these titles in as great honour to them as euer was giuen to the Romane Bishop For we finde these titles as much or more giuen to others then wee can finde giuen to the Romane Bishops Basill writing to S. Ambrose saith of him that he doth hold the sterne of that great and famous ship the Church of God and that God had placed him in the primary and chiefe seat of the Apostles Of the Bishop of Rome it is hard to finde in all antiquity a more honourable title then this is of Ambrose Now if S. Ambrose helde the sterne of that ship the Church of God and if hee sate in the chiefe and highest seat of the Apostles it must follow that an inferiour seat was reserued for the Bishop of Rome as long as Ambrose liued and that hee was esteemed the chiefest in Apostolicall succession who came neerest the Apostolicall vertues or that they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 presidents alike in Christs Church And throughout all the Epistles of Basil wee obserue that albeit hee wrote often to the Westerne Church wee finde no such honourable mention of the Bishop of Rome but somewhat sounding to the contrary For in the tenth Epistle he noteth the pride and ambition which then began to be espied in the Bishops of Rome complaining to Eusebius Bishop of Samosata that the Church could haue no help from the pride and ambition of the West Then concerning this title to be called the successour of the Apostles it was somtimes giuen to the Bishops of Rome onely in regard of their vertue godlinesse and faith which once appeared in those Bishops And so it is giuen to Ambrose and to other Bishops In this sense we vnderstand those titles giuen by Sidonius Appollinaris Bishop of Aruern to diuers Bishops in France in his time For writing to Pope Lupus as he calleth him a Bishop in France he testifieth that hee had liued 45 yeares in the sea Apostolicall Insede Apostolica nouem iam decursa quinquennia And againe to the same man he saith Pater officium quod incomparabiliter eminenti Apostolatuituo sine fine debetur c. The same title he giueth also to Fontellus another Bishop in France declaring that therein he greatly reioyced Quod Apostolatus vestri patrocinium copiosissimum conferre vos comperi And writing to the same Fontellus Ego quoque saith he ad Apostolatus tui noticiam accedâ—… 23. Then by this Title Apostolicall no Iurisdiction will rise to the Bishops of Rome seeing the same is giuen to others as well as to them Neither was there then in the Bishop of Rome any power aboue others neither in the whole Church was câ—…actiue power found To prooue this Eusebius reporteth a Storie which we wish to bee well obserued because it maketh an euident proofe of the Iurisdiction of the Church which thing wee seeke The Storie is thus Paulus Samosatenus Bishop of Antioche taught that Christ was a meere man To represse this wicked heresie a Councell was gathered at Antioche The Church was then without the helpe of a Christian Magistrate In chiefe accompt among them that liued in the Church at that time was Dionysius Bishop of Alexandria a man for his great learning and godlinesse much renowned in the Church then and alwayes since he was so aged and weake at that time that he could not be present in the Councell but by writing confirmed the truth against Paulus the Hereticke Among them that were assembled there was Gregorius Bishop of Caesaria who had the gift of working miracles in which respect Basil maketh honourable mention of him in diuers places Dionysius was then Bishop of Rome The famous Bishops of the East had diuers meetings against Paulus the last meeting was in the time of Aurelianus Emperour about the yeere of Christ two hundred seuentie and fiue At what time Paulus was fully refuted and repressed especially by the labour industry and learning of Malchion hee was condemned saith Eusebius of all the Churches of Christ which are vnder heauen After the conuiction of this Heresie the Councell wrote to Dionysius Bishop of Rome and to Maximus Bishop of Alexandria for Dionysius died before this Councell ended and Maximus succeeded him in Alexandria and to all the Church of Christ vnder heauen The Epistle is extant in Eusebius and was directed to these Bishops that by them other Churches might haue knowledge of this thing 24. After all this Paulus Samosatenus held the Church of Antioche and gaue no place to Domnus whom the Councell excommunicating and deposing Paulus had decreed should take his place The Bishops in this case were driuen to seeke the aide of the heathen Emperour Aurelian at the suit of the Councell the Emperour commaunded that the Church of Antioche should be deliuered to him to whom the Church of Italie and the Bishop of Rome would write By this it appeareth that the Church had no Iurisdiction coactiue for when the Bishops of this Councell had proceeded as farre as they could by Ecclesiasticall censures against all which censures Paulus held the Church by force finding that without coactiue power Paulus could not be repressed and finding no such power in themselues they were forced to seeke the Emperours helpe acknowledging thereby that all coactiue power rested in the Emperor Moreouer by this we obserue the beginning of that practise which afterward drew the opinion of Iurisdiction after it For the Bishop of Rome had no authoritie then ouer other Bishops neither did he challenge any And when some fewe of that Sea did seeme to pretend some authoritie in matters of conformitie and ceremonies as Anicetus Victor and some few other they were quickly repressed by the Church were content to be ruled by the Church But because the heathen and persecuting Emperours were content for the glory of Italy to giue this honour to the Church there and especially to the Bishop of Rome that other Bishops should find fauour for his sake as appeareth euidently by this Story wherein it is recorded that the Bishops of that Councell had no meanes to helpe themselues but by the Emperour and the Emperour not regarding the cause onely to honour the Bishop of Rome referred the matter to him hence as reason was the Churches were compelled to make much of the Bishop of Rome and to seeke his fauour without which they sawe the heathen Emperours would not be drawen to doe them iustice 25. About this time Stephanus Bishop of Rome threatned likewise to Excommunicate some Bishops for rebaptising of heretickes but he was repressed by Dionysius Bishop of Alexandria Some also that were excommunicate in Africa came to Rome
to seeke the fauour of Cornelius who without examination of the cause receiued them to the Communion Of which thing Cyprian complaineth much they saile to Rome saith he cum merce mendaciorum Against this hee declareth that it was ordained that neither the Bishop of Rome nor any straunger should be iudge of the causes of their Church And to Cornelius he writeth thus Quum statutum sit ab omnibus aquum sit pariter ac iustum vt vniuscuiusque causa illic audiatur vbi est crimen admissum singulis pastoribus portio gregis sit ascripta quam regat vnusquisque gubernet c. Opoâ—…tet vtiqueâ—…os quibus praesumus non circumcursare episcoporum concordiam cohaerentem sua subdola fallaci temeritate collidere sed agere illic causam vbi accusatores habere testes sui criminis possunt That is Seeing it is decreed by all and it is a thing both equall and iust that euery mans cause should be heard there where the crime was committed and a part of the flocke is appointed to each Pastor which each in seuerall must rule and guide c Verily it behooueth that they whom we gouerne should not gad and run about to others nor by their crafty and fallatious rashnesse breake in sunder the coherent concord of Bishops but there ought they to plead their cause where they may haue accusers and witnesses of their crime 26. Thus albeit the Bishops of Rome did seeke some inlarging of their authoritie sometimes by giuing countenance and patronage to criminous and scandalous men yet they were repressed and brought into order by the godly and learned Bishops that then liued in the Church Who would not suffer the priuiledges of the Church to be lost or any title of Iurisdiction to grow where there was no right Thus for the first three hundred yeeres the Church of Rome had no Iurisdiction ouer other Churches but the Bishops there were reuerenced by other partly for their wisedome learning and godlinesse partly because the Emperours fauoured them aboue other and because they were Bishops of the chiefe citie and seat of the Empire For as they had some fauour aboue the rest with heathen Emperours so they found much more fauour from Christian Emperours which thing caused them to be regarded by other Bishops but no Iurisdiction was as yet acknowledged CHAP. V. Of the estate and Iurisdiction of the Church from the end of the first three hundred yeeres vntill the yeere of Christ sixe hundred Wherein is declared that coactiue power was in the Christian Emperors from whom the Church receiued some parts of coactiue Iurisdiction The Popes began to seeke Iurisdiction by forgerie NOwe let vs consider the times that followed when the Church had peace from persecution and found the fauour of Christian Emperours In which time no Iurisdiction will be found in the Church of Rome aboue other and all coactiue Iurisdiction was acknowledged without question to bee in the Christian Emperours from whom the Church receiued some part thereof 2. Constantine who did as much honour the Church and was as much honoured of the Church as euer any Christian Emperour leauing therein an example which standeth as yet alone without a match did notwithstanding take all that to himselfe which is now called Ecclesiasticall Iurisdiction coactiue without any let or contradiction nay by the generall approbation of all that then liued When Caecilianus Bishop of Carthage was accused by Donatus and some other of that faction for deliuering the holy Scriptures to the enemies of Religion to be burned Constantine commaunded Caecilianus to come to Rome with a certaine number of Bishops which accused him and other that might heare and vnderstand the cause And commaunded the Bishop of Rome then Milciades with certaine Bishops of Fraunce to the number saith Optatus of nineteene to heare and end the matter the Bishops condemned Donaâ—…us who appealed from the sentence and albeit the Emperour was much offended at his appellation yet hee could not choose but receiue it In all this processe the Emperours Soueraigne Iurisdiction appeared the cause was a pretended crime of a Bishop the Emperour appointeth iudges and receiued the appellation which things declared Iurisdiction 3. Likewise after he had banished Eusebius Bishop of Nicomedia and Theognis Bishop of Nice he wrote an Epistle to the people of Nicomedia declaring the iust causes of their banishment and signifieth that his especiall pleasure and desire is to haue Bishops castos orthodoâ—…os humanos and shutting vp his speech he saith Quoasi quis audacter inconsulteque ad memoriam pestium illarum exarserit illius statim audaeia ministri dei hoc est mea exequutione coercebitur Where we see Constantine vseth coactiue Iurisdiction ouer Bishops he punisheth them he declareth the true ground of his Iurisdiction from the word of God by which warrant he is placed the Minister of God This is that coactiue Iurisdiction ouer Ecclesiasticall persons which did alwayes belong to the Soueraigne Magistrate and was neuer by God giuen to any other 4. It was alwayes held by all sober writers of the Church of Rome as hereafter shall be further declared that in the Church there is no power aboue the power of a Councell And yet this authoritie of a Councell so much and so worthily reuerenced could not restraine Constantine but he vpon good and iust causes brought the rash proceedings of some Councels to a newe examination For when Athanasius was wronged by a Councell of Arians he complained to Constantine The Emperour sent for all the Bishops of that Councell to render an accompt of their proceedings before him which declareth that his Iurisdiction coactiue was aboue the power coactiue of the Councell For heere we consider onely Iurisdiction coactiue and not the matter or subiect for otherwise wee acknowledge as before is declared that the determinations of generall Councels are matters of an higher truth and authoritie then the Statutes or decrees of any Emperour But wee speake heere of that Soueraigne Iurisdiction coactiue which hath alwayes appeared in the power of the ciuill Magistrate and wherein the Church had no more part then that she receiued from the liberalitie of godly Emperours for as Kings receiue the knowledge of faith and Religion from the Church and not the Church from Kings so coactiue Iurisdiction the Church receiueth from Kings and not Kings from the Church 5. There was no Councell held in Constantines time whether of Orthodoxe or heretikes but either by the expresse commaundement or license of the Emperour Ruffinus saith he called the Councel of Nice at the request of the Bishops Ex sacer dotum sententia apud vrbem Nicaeam concilium Episcopale conuocat Epiphanius saith that Councell was obtained of the Emperour at the suit of Alexander Bishop of Alexandria So the Bishops who then liued in the Church held it to be of the Emperours right and Iurisdiction to call Councels
and Kings by their office must call Councâ—…ls Secondly that their office is likewise by coactiue power to see the things maintained and obserued which are defined in general Councels 12. Hitherto then haue we found the Soueraigne Iurisdiction alwayes in Christian Magistrates and neuer in the Bishop of Rome How then commeth the Bishop of Rome to this practise of Iurisdiction which now he claimeth Let vs here consider one Pageant of theirs which will declare the first claime and beginning of Iurisdiction which they haue so much increased since The first attempt was to winne Iurisdiction ouer Bishops the second was to get the same power ouer Kings and by that meanes ouer all These we meane to open with as much breuitie as we can and the matter will beare First then to bring Bishops of other Nations vnder their power a shamelesse deuise was plotted by the Bishop of Rome discried and reiected by the auncient Fathers that then liued but yet so closely followed afterward by the Popes that in the end it preuailed I will declare the storie as it is deliuered by their owne writers who haue collected the tomes of the Councels 13. The sixt Councell of Carthage was gathered in the yeere of our Lord foure hundred and twentie against the heresie of Pelagius it lasted sixe yeeres and more In it were gathered two hundred and seuenteene Bishops among whom was that worthy Father Saint Augustine and others of famous note as Prosper Orosius and diuers other of great vertue and learning Aurelius Bishop of Carthage Metropolitan of Affrica was chiefe In the time of this Councell three Bishops of Rome succeeding one another mooued great contention and quarell with the Fathers of this Councell for Iurisdiction which the Popes then began to claime affirming that they had Iurisdiction ouer the Church of Affrica which thing these Fathers of this Councell vtterly denied the contention began vpon this occasion 14. Apiarius a Priest of the Church of Sicca in Affrica was for his infamous and scandalous life excommunicated not onely by Vrbanus Bishop of Sicca but by a whole Synode of Bishops met together This fellow thus censured in Affrica fled to Zozimus Bishop of Rome to him he complained of wrong that the Bishops of Affrica had done him as he said Zozâ—…mus without examination of the cause vndertooke to maintaine him and admitted him to the Communion After this vnderstanding that the Bishops of Affrica were gathered in their Synode he sendeth to them Faustinus Bishop of Potentia and with him two Priests Philip and Asellus Them hee chargeth to defend the cause of Apiarius to cause the Synode of Affrica to recciue him to their Communion to excoÌ„municate Vrbanus Bishop of Sicca or else to call him to Rome vnlesse hee will reforme that is vndoe all that he had done against Apiarius Further he commaundeth them to draw the Councell to yeeld to the Iurisdiction of the Bishop of Rome and to acknowledge it lawfull for any Bishop or Priest to appeale from the sentence of their Metropolitan to Rome he commaundeth them also to signifie that he sent his Legate into Affrica who might vnderstand the causes of appellants that were grieued To effect this thing the better he chargeth them to declare that the Nicen Councell hath giuen this Iurisdiction to the Bishops of Rome for proofe hereof he deliuereth vnto them in writing a counterfeited Canon of the Nicen Councell 15. Faustinus comming to Affrica with these instructions and being admitted into the Councell declared that he had from Zozimus a Commission which he called Commonitorium and withall he declared the Iurisdiction of the Bishop of Rome confirmed by a Canon of the Nicen Councell Aurelius Prosident of the Councel answered let this Commission first be read which our brethren haue brought hereupon Daniel the notary reade and recited the Commission thus Zozimus Bishop of Rome to our brother Faustinus Bishop to our fons Philip Asellus Priests this businesse you know you are to doe all things as if our presence were with you nay because it is with you and the rather seeing you haue both our expresse commaund and the words of the Canons which for more full assurance we haue added to this Commission For thus most beloued brethren it is decreed in the Councell of Nice concerning the appellation of Bishops And then forsooth the forged Canon os the Councell of Nice followeth thus Placuit autem vt si Episcopus accusatus fuerit iudicauerint congregati Episcopi regionis ipsius de gradu suo deiecerint eum appellasse Episcopus videatur confugerit ad beatissimum Ecclesiae Romanae Episcopum valuerit audiri iustum putauerit vt reuocetur examen sâ—…ribere his Episcopis dignetur qui infinitima propinqua prouincia sunt vt ipsi diligentur omnia requirant iuxta fideÌ„ veritatis definiant Quoâ—… si is qui râ—…gat causam suam iterum audiri deprecatione sua mouerit Episcopum Romaâ—…uÌ„ vt è Latere suo presbyterum mittat erit in potestate Episcopi Romani quid velit quid existimet si decreuerit mittendos esse qui presentes cum Episcopis iudicent habentes authoritatem eius à quo destinati sunt erit in suo arbitrio Si vero crediderit sufficere Episcopos vt neggtio terminum imponant faciot quod sapientissimo consilio suo iudicauerit That is We thought good that if a Bishop be accused and the Bishops of that Prouince haue giuen sentence and deposed him if this Bishop seeme to appeale and flie to the most blessed Bishop of Rome and desire to be heard â—…f he thinke good to reuoke the sentence it may please him to write to those Bishops which are in that Prouince that they may diligently search the matter and iudge it truely But if he that moueth his cause may be heard againe shall by his petition intreat the Bishop of Rome to send a Legat from his side it shall be in the power of the Bishop of Rome to doe what hee thinketh best And if he decree to send some who with the Bishops of the Prouince may be present to iudge hauing authoritie from him from whom they are sent it shall be in his pleasure And if he thinke that the Bishops of that Prouince may suffice to end the businesse let him doe whatsoeuer in his most wise Councell he iudgeth best Before I proceed in this narration let some things of note bee obserued First the Bishops of Rome were now growen from the honest and godly conuersation of their Auncestours to admirable impudency that durst suborne a Canon of the Nicen Councell and publish their owne shame in the sight of the Church then and leaue an eternall monument thereof to the world for euer extant in publike Councels Secondly the ground of the Iurisdiction of the Bishop of Rome is forgerie famously attempted and famously conâ—…icted at that present time And yet this practise
Catholike 10. If this kinde of proofe please them to prooue the Popes Soueraigne supreame authoritie â—…hey may haue ynough thereof For as Pope Zaâ—…harie dispensed with the oath of Pipin and all the French Barons and subiects so doe the Popes since practise this part of Iurisdiction with great feruency or rather surie they dispense with the oathes of subiects they raise vp rebellions against true natural and lawfull Kings they aduance vsurpers This Iurisdiction wee graunt Popes haue practised but with shame ynough heere is the difference betweene them and vs betweene an euill cause and a good betweene impudencie and confidence in the truth both they and we bring the same examples but to contrary ends they bring these examples of the Popes practises to prooue Iurisdiction wee vrge the same examples to shame the Pope with his Iurisdiction Let the indifferent and ingenuous reader iudge whether applie them to the true right and proper end For let them aunswere vs if they can whence the Popes haue authoritie to execute such a Iurisdiction as they haue neither from Christ nor from the Princes of this world For certaine it is that to dispense with oathes to stirre vp subiects against their naturall Princes to mooue rebellions is a power which the Pope hath not receiued from Christ nor from the Princes of this world From whence then hath he it let them tell vs who make it a part of his Iurisdiction 11. After this Charles the great sonne to Pipin was made Emperour by Leo the third Pope At this time it appeareth that the Iurisdiction which by the Emperour before this was vsually practised vpon the Bishop of Rome and other Bishops began to be taken out of the hand of the Magistrate For when Charles hearing many complaints against this Leo concerning his life and conuersation called him to an examination in a great meeting of Bishops it was aunswered by a great acclamation Sedem Apostolicam omnium Ecclesiarum caput à nemine laico praesertim iudicari debere That is It is not meet that the Apostolicke Sea the head of all Churches should be iudged of any man especiall a Lay-man This moued Châ—…rles to omit the matter so soone had they learned to turne this power against the Emperor which they had some two hundred yeres before receiued from the Emperor This Iurisdiction then by this time had receiued a great change for in former times as the inquisition of false doctrines belonged to the care of Bishops so the examination of the life and manners of Bishops belonged alwayes to the Magistrate So Solomon deposed Abiathar So Constantine banished diuers Bishops and reformed the Clergie The godly Popes and Bishops in former times yeelded this power to the Magistrate which God hath giuen him knowing that euery soule is subiect to them euen Bishops euen Popes yea Apostles themselues But now by the fall of the Empire Papacy rising and a newe straunge image of the Empire rising vp in the Papacy this Iurisdiction was then in hatching which afterward was brought foorth by a monstrous birth 12. My purpose is to note the occasions of alteration of Iurisdiction in the Church of Rome and how the Popes hauing cast off the Iurisdiction of the Ciuill Magistrate did in time draw to themselues a new forme of Iurisdiction increasing the same by degrees For wheras at the beginning as we haue shewed the Bishops of Rome with others were vnder the coactiue Iurisdiction of the Ciuill Magistrate the absence and fall of the Empire gaue opportunity to the Bishops of Rome to raise theÌ„selues The first beginning of their Iurisdiction was by getting appeales to be made to them the enlarging aduancing of it was by obtaining the title of caput Ecclesiae vniuersall B. The Pope was not called caput Ecclesiae but the Church of Rome got that title vnder Phocas the Pope got it by his flatterers long after And in the time of Charles the great they had gotten in one foote farther into this Iurisdiction for then they began to refuse the coactiue Iurisdiction of the ciuill Magistrate All this while they were not come to the height and top of thei Iurisdiction to practise coactiue power ouer and against the ciuill Magistrate to depose Princes to raise vp rebellions to absolue subiects from their faith and alleageance though some of these things were a new founding yet they were not come to their perfection till after this time as we purpose in order to declare And as we note their practises so we must no lesse haue an eye to the men and meanes which withstood them in these ambitious courses 13 These attempts of Iurisdiction were then most famously withstood when they were brought to their full hight For after that the Popes had begun to stretch their Iurisdiction to the preiudice of Kings and Princes then began the opposition most to appeare learned men being stirred vp to write and throughly to examine this question Whereof my purpose is to speake farther in the last Chapter of this Treatise Here we will onely note what resistance it found at the beginning before it was growne vp to that hight whereunto it came in time First wee finde that both Charles the great himselfe and other Princes and Bishops haue withstood the Bishop of Rome heerein and seeking to giue euery one his right haue giuen many parts of that Iurisdiction which now the Pope claimeth to the ciuill Magistrate For after that Charles had subdued the Lumbards as his father Pipin had done before him and besieging Desiderius King of the Lumbards came to Rome from the siege to know what hee should haue for his trauaile for recouering S. Peters Patrimonie as the late Patrimonie of the Emperour faling to the Pope then began to be called for the Pope had promised to Charles for oppressing the Lumbards and recouering this new Patrimonie so much desired so hotely pursued so dearely bought that hee should be made Emperour of the West and the auncient authority and Iurisdiction of the Empire should be restored to him For the better effecting of these affaires Charles hauing set a strong siege about Pauy and taken order with his Captaines for that seruice left the siege came to Rome bringing with him a great number of Bishops Abbots to holde a Synod with Pope Hadrian and therein by all their industry and knowledge to finde out what were the true and auncient priuiledges of the Empire and what was the Emperours Iurisdiction confessed Pope Hadrian receiued Charles honourably and at his pleasure called a councell Wherein questionlesse some parts of the auncient Iurisdiction were restored to Charles For that Synod gaue him power to choose the Bishop of Rome and in all Prouinces of his gouernment to inuest all Archbishops and Bishops Thus much is acknowledged by as many witnesses in a manner as are Writers of the Story of this time But of late some haue quarrelled against this Story denying it to be true which
magnoperè prouidendum est â—…e in his Deus offendatur per quos religio Christiâ—…na consistere debet Marsilius Patauin hath a testimony which if it were of doubtlesse authority might moue some doubt For hee saith that Pope Simplicius did forbid Inuestitures to bee taken at a lay hand albeit saith he by that decree it is manifest that his predecessours exhibiting all due and humble reuerence to Princes did vse to take Inuestitures from Lay-men It is manifest by this that Marsilius had seene a decree of Simplicius to this purpose Which if it were the true decree of Simplicius then were Inuestitures acknowledged the Princes right long before Charles but if that decree were forged as doubtlesse it was with many moe Let the Romane forgery be acknowledged and the Masters of that mint knowne Howsoeuer it is out of question that Inuestitures were acknowledged the auncient right of the Empire by Haâ—…rian yeelded to Charles graunted also by diuers Popes as is apparant by their expresse confessions of whome some were more auncient then Charles the great and some since 47. The reason why it should belong to temporal Princes is so great that it moued Popes Emperours and Kings to enter into the greatest and hottest contentions the one to purchase a new title the other to retaine their auncient right For vntill the time of Constantine wee finde little or no mention at all of these things because the Iurisdiction was then vnmixt this power coactiue was not then practised by the gouernours of the Church But when Constantine had enriched the Church giuen place and authority to Bishops adding vnto that power which they had a new part of Iurisdiction which they had not before as we haue declared And by this example of Constantine other Emperours and Kings adding thereto so that a temporall Lordship was added in the end to a Bishoprick which thing was first instituted by Otho the second Emperour in the opinion of Cardinall Cusanus For writing of this Otho hee saith Câ—…edidit perpetuis temporibus imperio subiectis pâ—…cem darâ—… posse si temporalia dominia â—…am Rom. Ecclesiae quam alijs adiungerentur cum certi seruiâ—…ij obseruatione tunc enim cultus diuinus augmentaretur religionem in magnam reuerentiam exaltandam credidit quando sanctissimi Episcopi magnae potentiae alijs Principibus intermiscerentur A mixt Iurisdiction thus being committed to Bishops Then was it good reason that Bishops hauiâ—…g receiued such an externall coactiue power from temporall Princes that these Princes should bee well secured of their fidelity to them for so much of their authoritie as they receiued from such Princes 48. This example of gouernment the first Christian Princes set vp in the Church drawne from the gouernement of the Church of Iewes as we haue said so that Christian Kings haue the same power ouer Bishops which the godly Kings of Israell had ouer the Priests in that state From this ground riseth Ecclesiasticall Iurisdiction which being taken by the first Christian Emperours from the example of the state of Israell was continued by them and their successours without question or contradiction till the time of Hildebrand For Gregory the first speaking of this auncient right which Emperours had in his time and before declareth that this right of theirs in placing of Bishops was an order so auncient so established that the contrary thereof was neuer knowne or heard of in the Church And therefore writing to Constantia Augustâ—… he saith Salonitâ—… ciuitatis Episcopus me ac responsali meo nesciente ordinatus est Eâ—… facta res est quae sub nullis anterioribus principibus eâ—…nit Quod egâ—… audiens ad eundem praeuaricaâ—…orem qui 〈◊〉 ordinatus est protinus misi vt omnâ—…no missarum 〈◊〉 celebrarâ—… nullo 〈◊〉 praesumeret nisi 〈◊〉 à serenissimis Dominis 〈◊〉 si hâ—… fieri ipsi iuâ—…sissent That is The Bishop of Sâ—…lone was ordained without the knowledge of my selfe and my Chaplaine And that thing is done which neâ—…er hapned vnder any of the former Princes Which when I vnderstoode I sent presently to that 〈◊〉 which was inordinately ordained that he should not in any case presume to celebrate Masse vnlesse first I might vnderstand of my most serene Lords the Emperours whither they commaunded this Which testimonie â—…is also cited Desâ—… 63. to proue that the Emperors ought to chuse Bishops as Hadrian acknowledged the right to Charles and Lâ—…o to Otho Gregory saith that the Bishop who iâ—…truded vpon that Church not onely without his knowledge but also without the consent of the Emperour should not be suffered to exercise his function before that he might vnderstand whether the Bishoppe had the Emperoâ—…s consent herein he saith also that this practise of intruding without the Emperours consent was a thing neuer practised vnder any Prince before that time Facta res est quae sub nullis anterioribus principibus euenit For tâ—…at these wordes are referred to that intrusion without the Emperours knowledge it is euident because he saith not that this was neuer practised vnder any Pope but not practised vnder any Prince and that he will send to the Prince to know whether the Prince commanded this thing and therefore hee calleth him a Praeuaricator that presumed to crosse this auncient right of Princes Then he condemneth a number of his successours for Prâ—…uaricators Gregory knew well what he wrote hauing the perfect Register of things of this kinde done betweene the time of Constantine and his time therefore his testimonie maketh faire and full euidence that this was the right of Christian Magistrates long before Pope Hadrian did yeeld it to Charles The same thing is also witnessed by the twelfth Toletan Counsell which was hâ—…ld in the time of Pope Agatho in the yeare sixe hundred and eightie that is long before that time wherein Hadrian yeelded this right to Charles as the olde right of the Empire 49. But Cardinall Baroniuâ—… striken with a strange fury in this question of Inuestitures ventureth vpon a new and desperat course denieth all Antiquities and bringeth a more shamelesse handling to these things then euer was brought by any man before him He denieth the whole with all the parts of it that is reported of Hadrian yeelding this to Charles but most of all he breaketh all rules of patience and moderation against Sigebert because among many he also hath reported this Storie Sigeâ—…ert saith he like an Impostor first deuised and forged this tale that Pope Hadrian yeelded Inuestitures to Charles and this he wrote in the fauour of a sâ—…hismaticall Emperour Why Baronius should put vpon Sigeâ—…ert Imposture and subornation we see no reason vnlesse it be that he thinketh that if 〈◊〉 could be put to silence herein there could no proofe appeare in all Antiquity for Inuestitures If this beâ—… his meaning he is much decâ—…iued for before this word Inuestiture was in vse the Princes right was alwaies acknowledged Long before
hath the same Story at large declaring that Pope Hadriaâ—… held a councel of one hundred and fifty three Bishops and Abbats by which Synod inuestitures were yeelded to Charles Vpon which graunt saith he the French Kings to this day hold the same priuiledges in diuers Prouinces and namely in Prouincijs Ceâ—…omanensi Rotomagensi Râ—…mensi What greater euidence can we seeke to proue that this thing was done then such confirmation from such witnesses and from such priuiledges of the kingdome of Fraunce that in the midst of Popery continued from that first priuiledge The same Author witnesseth that when Henry the fift Emperour came to Rome to appease this controuersie for Inuestitures between the Empire and the Papacy which was first raised by Hildebrand that the Emperour intreated no more then that which in publique recordes was continued the custome from Charles the great Imperator saith he volens vti consuetudine authoritate praedecessorum suorum petebat sibi seruari ea quae priâ—…ilegijs Carolo M. successoribus in Imperio iam per 300 annos amplius concessa obseruata fuâ—…runt Ex quibus priuilegijs licitè per 〈◊〉 annâ—…li virgae Episcopatus Abbatias conferebant The Emperour desiâ—…ous to vse the custome and authority of his predecesâ—…ours required that those priuiledges should bee reserued for him which were granted to Charles the great and to his successours in the Empire and obserued now for 300 yeares and more By which priuiledges it was lawfull for the Eâ—…perours to conferre Bishopricks and Abbacies by Inuestiture of a ring and a staâ—…e When the Emperour did shew these priuiledges and claimed nothing but that which by publique recordes was confirmed to him did any man then obiect that Sigebert had corrupted those euidences When the Pope nor no man for him would or could plead this corruption then it is too late and too grosse for Cardinall Baronius now to bring that plea. Against these knowne priuiledges of the Empire Pope Paschalis at that time pleaded nothing but Synodale decretum saith mine Author a late decree that the Pope himselfe had made 54. Then we haue witnesses of all sorts of all times since Sigebert But if Baronius sit as Iudge in this cause he will say all these are not able to moue him For all these wrote since the time of Sigebert and had the narration from him who by fraud and imposture put it into his Chronography as he is also charged to put the History of Pope Ioane a woman into his booke And I am perswaded that the Cardinall is more passionate in this particular against Sigebert because he reciteth also the Storie of Pope Ioane For if they can coÌ„uince him of a lie in any one thing his report may be iustly weakened for other things For Pope Ioanes matters I medle not I leaue them to him who hath of late learnedly and painfully handled the same I am now to cleare Sigebert from forgery in this point of Inuestitures And because Baronius doth peremptorily assure vs that no man before Sigebert did write it we are to search the times before him A man would think that the Cardinal so skilfull in Story as Baronius is taken to be affirming so confidently that before Sigebert none wrote thus and thereupon charging Sigebert of forgery the most hainous crime that can be committed by a vvriter of recordes should be sure of one of these two things that either in truth no Storie before Sigebert hath mentioned this or if any haue done it to expunge them so that the truth might neuer come to knowledge And to say the truth all his confidence as likewise all the confidence of that side consisteth in this new found vnblessed deuise of expunging ancient Authors And yet for all their expurgatoriall tables and shamelesse shifts this truth will not be hid We must therfore declare who hath written the same thing before Sigebert 55. First we produce Gratian Dist. 63. ca. 22. who recordeth the lame thing as before wee declared Nay saith Baronius Gratian wrote after Sigebert and hath transcribed this narration word for word out of Sigebert That Gratian wrote after him it is not altogether so cleare for there is some doubt of the time when Gratian wrote And if he wrote after him it was not long after for they liued together in one time And Gratian so much respecting the Popes authority as he doth so well read in antiquities as hee was is very vnlikely to take a tale from Sigebert which hee saw not confirmed by auncient writings or to receiue a slight report from one of his owne time and one of the Popes enemies as Baronius would make Sigebert But where he saith that Gratian transcribed this from Sigebert this wee vtterly denie for that which Gratian saith hereof if it be compared with that which Sigebert writeth cannot appeare transcribed because there are diuers words in the one narration which are not in the other Moreouer Gratian citeth another Author for it then Sigebert Let Baronius bee Iudge and Gratian the witnesse Gratian citeth the Ecclesiasticall History for this narration thus Ex Historia Ecclesiastica and then hee setteth downe the Story But Sigebert wrote no Ecclesiasticall Story therefore Gratian doth not transcribe this word for word out of Sigebert The proposition is euident in all Editions of Gratian yea euen in the Edition of Gregory the thirteenth which the same Gregory commaundeth to be preserued without addition or change in any thing Ne cuiquam liceat eidem operi quicquam addere vel immutare vel inuertere nullaue interpretamenta adiungere sed prout in hac nostra vrbe Roma nunc impressum fuit semper perpetuo integrum incorruptum conseruetur In this Edition that is with such caution and authority set forth this place of Gratian is cited out of the Ecclesiasticall Story Now that Sigebert wrote no Ecclesiasticall History all men know his booke is intituled thus Sigeberti 〈◊〉 Chronographia Baronius acknowledgeth so much and calleth it Sigeberts Chronography Neither was it his purpose to write an Ecclesiasticall History but a short and very succinct Chronography neither hath it euer beene taken and reputed for an Ecclesiasticall History Then Gratian citing an Ecclesiasticall History citeth not Sigebert but some other And this is enough to cleare the matter against Baronius that Gratian did not transcribe it from Sigebert 56. From whom then did Gratian transcribe it I say Baronius is refuted though I could not answere this question But if we must answere and make a further search I answere that Gratian cyted this assuredly from Anastasius Bibliothecarius who wrote the story of the Church and the Popes liues Anastasius is extant in Print Aâ—… one thousand sixe hundred and two Moguntiae This was long after that Baronius had vndertaken that none before Sigebert wrote thus In this Edition of Anastasius there are diuers references in the Margent to the Annals of Baronius
done in his first iourney to Rome before he went to the Saxon warres And if he thinketh reason to denie the truth of this Narration because Eginhardus doth not mention it I answer Eginhardus writeth very succinctly and had no purpose to record all particulars For he doth not mention that Charles the great did erect the Vniuersity of Paris by the helpe of Al◅win an English man and Iohn Mailrose a Scottish man and yet this is recorded by others whose credite is nothing impaired by the silence of Eginhardus Baronius doth also obserue that all that wrote before him did not refel Sigebert for an Impostor but only say that those things were graunted by Hadrian but reuoked by other We answer it had beene much more for his credite if he also had kept the same moderation which all before him haue done But now for an especiall seruice to the Pope hee hath by his owne confession pulled vp an olde hedge which no man stirred before him and therefore it is no maruell if a Serpent bite him and that in stead of a graue and faithfull Historiographer hee purchase the iust imputation of a factious writer stuffed with invectiues betraying professed partiality an euill heart a corrupt and pernitious resolution to deface all antiquity that standeth against his purposes 60. But he proceedeth and asketh how this Councel should be called of a sudden And whence should so many Bishoppes and Abbots be so soone gotten together A goodly question These trifling obiections serue to no other end but to helpe to conuince him that dare contradict so many witnesses with so small shew of reason But as in the examination of theeues and Felons many things fall from themselues at vnawares by which their falshood is conuicted so by this question he draweth an ineuitable conuiction vpon himselfe for Charles purposing to hold a Councell brought these Bishoppes and Abbots with him to Rome And thus Anastasius witnesseth for they haue left such markes in the Printed Anastasius as doe plainely shew wh◅re he was stunge with the Scorpions taile For thus saith this printed Anastasius Dumper sex mensium spatium ipse Francorū Rex Papia demoraretur in obsidione ipsius ci◅itatis magnum desiderium habens ad limina Apostolorum approperandi c. Tunt abstollens secum diu◅ sos Episeopos Abbates iudices c Cum pluribus exercuibus Romam per Thusciae partes proper auit That is Whilst Charles stayed sixe moneths in the siege of Pauie hauing a great desire to approach to the doors of the Apostles c. Then taking with him diuers Bishoppes and Abbots and Iudges c. Hee cam by the parts of T◅uscia with many Armies to Rome Where we see that they who expunged Anastasius as Theeues vse to doe in the like case haue left such markes behinde them as are sufficient to conuince them For to what end did Charles bring so many Bishops and Abbots and Iudges with him to Rome This sheweth euidently that he had a purpose to hold a Councell And because Baro◅ius asketh this question whence came so many Bishoppes and Abbots of a sudden We can soone answere him Anastasius witnesseth that Charles brought them with him as purposing this thing aforehand But we aske him a question which hee will neuer assoile vs Why did Charles bring so many Bishoppes and Abbots to Rome Anastasius witnesseth that hee brought a number of Bishoppes and Abbots to Rome so that either Bar◅ius and the Expurgatours should haue spared Anastasius and not expunged that which he had written of the holding of this Councell or this should haue beene also expunged which he writeth of the preparation of that Councell Againe these words which are left in Bibliotheoarius of Charles his comming from Pauy doe further conuince Baronius and detect the purpose offalsifying for Baronius wil not admit that Charles came to Rome at this time from Pauie because Eginhardus faith he was but foure times at Rome and this could not be done at his first iourney because from the expugnation of Pauie he went presently to the Saxon warres and thus he proceedeth vexing his reader with winde and wordes lighter then winde Though he be deepely to be charged for this light and vaine reasoning yet his great and grosse fault wherein he was so grossely ouerseene is that in cutting Anastasius he cut not deep enough For Anastasius in the wordes that are left doth expresly declare that Charles came from the siege of Pauie to Rome which Baronius denieth and that he brought many Bishops and Abbots with him Thus both by cutting out of Anastasius that which Platina witnesseth he wrote and by leauing in Anastasius that which doth proue so much and testifie their falshood they are conuinced to be corrupters of antiquities and new forgers of nouelties 61. Baronius perceiuing that all this that he hath said will not helpe him vnlesse he proceede further to refute likewise all that Gratian saith in the next Canon In Synodo goeth on and vndertaketh also to refute it For what other thing can he do that hath once broken the bounds of modesty and moderation but proceede to a resolution in impudency Gratian cyteth the Canon of Pope Leo who gaue Inuestitures to Otho as Hadrian did to Charles Baronius denieth that Pope Leo wrote so as Gratian cyteth him what authority can be produced to satisfie these men VVe bring the testimonies of Popes we bring them cyted by such as were the greatest maintainers of the Popes Iurisdiction and yet it will not satisfie Why No reason is brought but it standeth not with the liking of the Court of Rome in these daies He saith that the name of Inuestitures was not knowen in that age wherein Charles liued But how doth he proue that No proofe is brought and what neede he bring any proofe seeing there are many that are readie to take all that he saith without proofe Concerning the name of inuestitures the Ciuilians are herein resolued and peremptory that it came from the Lawes of the Lumbards as did also all the Lawes De feudis For of these things there is nothing found in the auncient Romane Lawes nor in the later Imperiall Lawes vntill the gouernment of the Lumbards was raised And therefore it is certaine that before the gouernement of the Lumbards was erected in Italy this word Inuestiture can not be proued to haue beene in vse But seeing by the Lumbards it came in and the Lumbards were at their highest before and in the time of Charles the great for they were ouerthrowne by Charles after that they had raigned two hundred and foure yeares in Italy and had possessed all Italy in a maner except only the City of Rome as diuers Authors doe witnesse it can not be chosen but that in the time of Charles this word was in vse And when we haue of the one side good reason the testimonie of histories the iudgment of Lawyers concurring with the expresse wordes
point and am more willing to search the truth herein because it is a matter of especiall importance concerning this question of Iurisdiction which wee seeke to know For Robert Persons the masked Catholique diuine confesseth in effect thus much that if wee can proue that Inuestitures belong to temporall Princes we haue in his iudgement questionlesse obtained the cause for which we striue Let me set downe his owne words Three things saith he do concurre in making of a Bishop by diuine and Canon law to wit election confirmation and consecration The first to wit election when it is iustly made doth giue right to the elected to pretend the second and third c. Yet can he not vpon his only Election exercise any part of his office of a Bishop either in Iurisdiction or order But when he hath the second part which is confirmation and induction to the benefice which is properly called Inuestiture then hath he Iurisdiction vpon those people and may exercise the Acts thereof by visiting punishing or the like but not the Acts of order vntill he haue consecration also that is to say he cannot make Priests nor administer the Sacrament of confirmation c. And a little after he saith the second which is confirmation and giuing of Iurisdiction must onely proceede from him that is the fountaine of all spirituall Iurisdiction vnder Christ which is the Bishoppe of Rome or some Metropolitane or Bishoppe vnder him that hath authority and Commission from him Thus much the Catholicke Diuine 66. I forgiue many particular escapes in this short discourse not spending time in the examination of by-points I would meete him there where he thinketh himselfe strongest For where he saith confirmation which also he calleth induction or which properly as he graunteth may be called Inuestiture giueth Iurisdiction this we yeeld And then heere wee ioyne issue with olde Sir Robert in that part of his Collection whereon he layeth his greatest hold and are content to trie the whole cause thereon whether Inuestiture which by his confession and the doctrine of his Church and the consent of all giueth Iurisdiction belong of ancient right to the Pope or to temporall Princes If he be able to proue by any auncient full cleare vnsuspected witnesse that the Popes within the space of the first thousand yeares or before Hildebrand either had that right or did practise or so much as challenge that right I will for my part yeeld the cause and will confesse mine errour if thus much be euidently euicted But seeing we haue proued by vndoubted Histories by the consent of Popes themselues by the Decrees established in Councels that this was an auncient right of temporall Princes called Prisca consuetudo by Pope Stephen Antiqua consuetudo by another that the contrarie was neuer heard of vnder any Christian Prince confessed by Gregory the first Then hath he reason either to yeelde vs the cause wholly or to reuoke his wordes againe that Inuestiture giueth Iurisdiction 67. Then the right of Inuestitures standing as the auncient right of our Kings being neuer questioned in Christendome before the time of Pope Gregory the seuenth neuer questioned in this land before the time of Henry the first that King had reason to pleade the vse of his father and brother for himselfe because it being a thing quietly possessed by them was out of doubt peaceably inioyed before them because before them the Popes neuer made title thereto Now concerning the tumults warres blood and confusion in Christendome both in the Church and temporall states which for this quarrell the Popes procured for fiftie yeares together as Malmsbury witnesseth of this it is not my purpose to speake It is enough for mee to open the time when it began and before which time it was neuer challenged by any Pope and to declare that the Popes late practise is condemned by the Iudgement of the auncient Church §. V. Exemption of criminous Clerkes 68. OVr purpose being to take a suruey of that Iurisdiction which we finde challenged by Popes at and somewhat after the time of the Conquest of England at what time the Popes power was at the highest we are to consider in the next place Exemption of criminous Clerkes for as Inuestiture of Bishoppes began then to be claimed so about these times crept exemption of the Popes Clerkes which is taken to be another part of this Iurisdiction My purpose is not to speake of lawfull exemption of the Clergie for both Diuine and humane lawes approue such immunities without which how could the Clergie attend vpon their heauenly businesse These immunities which Emperours and Princes haue giuen to the Church the Church ought to inioy without disturbance and to withdraw such immunities were high sacriledge and impiety against God and his Church But the question is not of these immunities which Christian Kings haue giuen to the Church but of those immunities which the Pope without the leaue or authoritie of Princes hath bestowed out of his fulnesse of power vpon the Clergie which liue vnder the gouernement of other Princes by which the Clergie inioyed a protection from punishment for any sinne This is the thing for which they are not ashamed to striue euen at this day as earnestly as they did in the midst of blindenesse This thing will be better knowne if we search the originall foundation of this errour from the beginning and the occasion by which it grew in the Church For now this opinion is and for some late hundred yeeres hath beene so rooted in the Court of Rome that the Clergie though neuer so much offending by murther treason theft robberies or such like is priuiledged from all temporall Courts of Princes and punishment from the Laity vnlesse first the Church proceede against them and make them no Clerks that they are perswaded both of the truth and antiquity hereof as of a point of faith the occasion grew thus 69. The first auncient and famous Emperours did out of their godly and zealous affections and as we may well iudge vpon good reasons to helpe the Church and to preserue discipline ioyne the aide of their coactiue lawes to the spirituall censures of the Church ordeining that whosoeuer by the gouernours of the Church could not be brought to obedience and order should by the seuerity of temporall punishment be reduced to obedience The vsuall punishment which Emperours did inflict vpon Clerkes was deportation So did Constantine the great punish Eusebius Bishop of Nicomedia and Theognius Bishoppe of Nice And albe it some were threatned with capitall punishment as appeareth by a Letter which Constantine wrote to the Bishoppes of the Nicen Councel recorded by Socrates and inserted in the first Tome of Councels yet the vsuall censure of the Emperour was exile This kind of punishment was often inflicted by other Emperors vpon Bishops the examples are famously knowne and acknowledged I need not to speake of them Insomuch that it began to be
enacted by Emperours to be a law that all of the Clergie that offended might know their punishment for that Constantine by whose authority the sixt Synode at Constantinople was held in a Decree inserted in that Councell saith Si quidem Episcopusest vel Clericus vel monachico circundatus habitu deportationis paenam exsoluet Carâ—…omannus in a French Synode decreeth imprisonment Si ordinat us presbyter fuerit duos annos in carcere permaneat These punishments were inflicted vpon such Clerkes as would not be ordered by Ecclesiasticall censures of their Bishoppes for so Guntranus doth testifie a French King by whose authority the Councel of Matiscan was held Quicunque Sacerdctum saith he in a Writ added to that councell aut saecularium in intentione mortifera perdurantes crebrius admoniti si se emendare neglexerint c. alios canonica seueritas corrigat alios ligatâ—…s paena percellat And a little after he saith Conuenit vt iustitâ—…ae â—…quitatis in omnibus vigore seruato distringat legalis vltio iudicum quos non corrigit canonica praedicatio Sacer dotum 70. Then the ancient practise was that the temporall Magistrate should punish such as offended of the Clergy as well as of the Laity Concerning the antiquity of this exemption of Clerkes from temporall Courts wee finde no president for it all the while that the Emperours had any gouernement and commaund in Italy But when the Pope was able to meet the Emperour in battell and giue him the worse then began the authority of the ciuill Magistrate to decay in Rome and fell at the last into contempt And the Pope hauing cast off the yoak of obedience which before he held to the Emperour as to his Soueraigne began to take an authority to himself which neither God nor man had giuen him Hence proceeded that vsurpation of power to giue Lawes to other Pope Nicholas the first in the eight hundred and threescore yeare of Christ writeth in his Epistle to the Emperour Michael in another stile then his predecessours had vsed to write to Emperours before Among other things contained in th Epistle whereas the Emperour had written for a Clarke that had offended him and was fled to the Pope whom the Emperour required to be sent back again to Constantinople Pope Nicholas to this maketh this answere Wee haue from the great power of Peter and Paul right and power to call Clerkes from any other Diocesse if wee thinke good and to inuite them to vs. This is our right but Christian Emperours haue no right at all to make any inquisition for Monks vnlesse it be in fauour to pity them 71. Here we obserue the difference betweene the spirits of Popes in this time and the spirits of auncient Popes who held the doctrine of obedience as the Fathers then did drawing the doctrine from the Scripture and examples of Christ and his Apostles Christ when he was vniustly condemned exempted not himselfe from the punishment of the ciuill Magistrate and yet he wanted no power to haue done so if hee would These late Romane counterfait Catholiques when by their rebellious doctrine and bloudy practises they haue iustly 〈◊〉 the Magistrate against them yet forsooth will denie him authority to punish them Saint Paul teacheth Let euery soule be subiect to the higher powers S. Peter teacheth the same doctrine Submit your selues to all manner ordinance of man The Fathers receiued this doctrine from the Scriptures and preserued it faithfully in the Church Chrysostome and after him Oecumenius expounding that place of ' Paul say thus Omnem animam instruens siue Sacerdos sit quispiam siue monachus siue Apostolus vt Magistratibus subdatur nam haec subiectio non euertit pietâ—…tem A learned man of late which also was Pope speaking of these words Omnis anima subdita sic c. saith Nec animam Papaeexcipit So doth God sometimes draw testimonies for the truth out of the mouthes of them that oppugne it The auncients helde this truth vp in great sincerity Gregory Nazianzen saith Homines cuncti c. All men are ordered in subiection vnder the higher powers Hee that saith all men includeth the Pope and his Clarkes Augustine saith Generale pactum est societatis humanae obedire gregibus suis. Leo the first saith Ad imperialem pertinet potestatem vâ—… perturbatores Ecclesiae pacis reipub quae Christianis principibus merito gloriatur inimici sollicitius comprimantur These troublers of the peace of the Church and state of whom he speaketh were Clergy men For in that Epistle Leo writeth against certaine of the Clergy who embraced the errour of Eutyches Then in the time of Pope Leo this was not the doctrine of the Church of Rome which now these Romane Libertines haue brought in Gregory the first writeth to the same purpose Potestas super omnes homines dominorum meorum pietaticaelitus data est vt qui bona appetâ—…nt adiâ—…uentur vt caelorum via largius pateat vt terrestre Regnum coelesti Regnofamuletur In the same Epistle he induceth Christ thus speaking to the Emperour Sacerdotes meos tuae manui commisi Then Gregory knew no other doctrine but that Priests were subiect by Christ subiected to the Magistrate And whereas the Emperour commanded a law to be executed which Gregory misliked hee writeth thus to the Emperor Ego quideÌ„ iussioni tuae subiectus eandem legem per diuersas terrarum partes transmitti feci That is I being subiect to your coÌ„mand haue caused that law to be sent to diuers Prouinces but because the law consenteth not with the law of Almighty God behold I haue signified the same by my letters to your most excellent Lordship so that on both parts I haue payed what I ought for I haue yeelded obedience to the Emperor haue not coÌ„cealed what I thought for God Then Gregory knew no exemption he accounteth himselfe among them that owe subiection and obedience to Emperors 72. Concerning the punishment of Heretiques Schismatiques that were criminous there was no other means knowne in S. Augustines time then the coactiue power of the ciuil Magistrate For thus he saith Si nec hoc volunt Donatistae c. If the Donatists will not grant this power to the Emperour why doe they acknowledge the force of the Lawes to be iustly executed against other malefactors and deny the same to be done against hereticks and Schismaticks seeing by the Apostolicall authority they are all alike numbred with the same fruits of iniquity Must not these humane ordinaÌ„ces regard such things Why then doth he beare the sword c. Thus saith Augustine And in the same place he declareth that there is one law imperial general against all that professe theÌ„selues Christians but are not true Catholicks but keep priuate conuenticles that either he that ordaineth such a Clerke or the Clerke so ordained should loose