constitution he ordeined what manner of Clerkes should be ordained in the Church that Clerkes should not remoue themselues from a lesse Church to a greater and that the rents of the Church should be expended to godly vses and acts Hee appointed also the time for monasticall profession and the rules which Monkes should leade He established his ordinance for the election life and behauiour of Bishops and other Ecclesiasticall persons that they reside vpon their charge that they resort not to the Court except they be expressely called that they celebrate not diuine offices in any place which is not consecrated to the seruice of God He declared what causes should be lawfull for diuorce and separation of mariage as Theodosius the yonger and Valent. the third had done before him He ordained also that the holy Scriptures should be read in the vulgar tongue and appointed what translations should be in vse It would bee both tedious and vnnecessarie to make long stay vpon rehersall of those imperiall lawes which haue bin both receiued and reuerenced for gouernment of the Church For Iustinian professed that by authoritie of the lawes both diuine and humane affaires were well ordered and againe there is nothing but may be examined by authoritie of the Emperour for hee receiueth from God a generall principallitie and gouernment ouer all men The same is acknowledge by Pope Gregorie in his epistle to Mauritius To this end is power ouer all persons giuen from heauen vnto my Lord for assistance of good men and enlargement of the way to heauen Whereupon Espencaeus saith that Gregorie the great did ingeniouslie acknowledge a soueraignetie in Emperours ouer priests So Balsamon hath said that the Emperours had power to appoint patriarchall seas according to the power giuen them from aboue Whereto doth that of Isodore agree Princes of the world haue their authoritie and power in the Church that the ecclesiasticall discipline should bee held in strength that they who will not obserue it by admonition of the priest should be constrained by force of the Magistrate Yea diuers of the papall decrees for ordering of Ecclesiasticall affaires were lawes made by Christian Emperours of which lawes many are yet extant in the Codex of Theodosius The Canon Iudicantem expressing the office of a Iudge in cognisance of causes attributed by Gratian to Pope Eleutherius was made by the Emperor Constantine The Canon si quis Iratus attributed to Pope Fabian against accusers is a law of the same Emperour Constantine in the Codex of Theodosius The Canons which goe vnder the names of the same Fabian of Sixtus and of Hadrian concerning the same subiect are found to bee made by Gratian the sonne of Valentinian the first The decrees of Pope Caius and of Pope Iohn for restitution of Church goods taken from Bishops when they were forced from their sea are the Edictes of the same Emperour Gratian. The Canon qui ratione attributed to Pope Damasus for order in accusations is comprised in Theodosius Code vnder the name of the same Emperour The Canon nullus vnder the name of Pelagius was made by the Emperours Honorius and Arcadius The Canon quisquis vnder the name of Eutychian was promulged by the Emperours Honorius and Theodosius The Canon consanguineos for separation of marriage contracted within the prohibited degrees of consanguinity is a constitution of the Emperour Constantine the great The Canon Priuiligia for confirmation of the priuiledges of the Church vnder the name of Anacletus is a constitution of the Emperours Theodosius and Valentinian In a word the volume of decrees is filled with diuers constitutions of Christian Emperours either assumed by Popes or attributed vnto them without expressing either the name or authoritie of the Emperours And touching the rest Pope Honorius acknowledged that it was by decree of the Emperour Iustinian that the Canons of thâ— Fathers should haue the force of lawes Now when any difference did arise in matters of faith when any great schisme or disturbance was maintained in the church the Emperours did vse to assemble their Bishops in common Councell and those things that were by them decreed were afterwards confirmed by Imperiall constitution So Nicephorus and Eusebius doe write that Constantine the great hauing imployed Hosius Bishop of Corduba for composing the difference betwixt Alexander Bishop of Alexandria and Arrius wherewith the Church was exceedingly disturbed and perceiuing his good purpose thereby nothing aduanced assembled by his authority the Councel of Nice in Bithynia which he honored with his presence and defrayed the charge of 308. Bishops that were called to that Councell Of whom Eustachius Bishop of Antioch or rather as the Canon law affirmeth Constantine himselfe was president The forme of faith agreed vpon in this Councell was presently confirmed by Constantine and both imparted and imposed vpon others who had not bin present and charge giuen vnder paine of death that none should secretly preserue any of the bookes of Arrius from the fire Afterwards the same faith was both declared and confirmed by constitution of the Emperours Gratian Valentinian and Theodosius The generall Councel of Constantinople was assembled against the heresie of Macedonius by Theodosius the great The Bishops assembled in this Councel wrote thus in humble maner vnto the Emperour Theodosius We beseech your Maiestie that as you haue honored the Church by your letters wherewith you haue called vs together so it may please you to confirme the finall conclusion of our decrees with your sentence and with your seale The generall Councell of Ephesus was assembled by authoritie of Theodosius the yonger against the heresie of Nestorius The decrees of this Councell together with the decrees of the Councell of Nice containing the profession of Christian Faith was confirmed by a constitution of Theodosius and Valentinian whereby also the writings of Nestorius are condemned to the fire The fourth generall Councell was appointed by authoritie of the Emperour Martian first to be held at Nice afterwards vpon certaine occasions it was assembled at Chalcedon In this Councel Euagrius writeth that both the Bishops and temporall Iudges did oftentimes suspend their decrees in this sort Vnto vs it seemeth right if it shall also like our most vertuous and godly Lord the Emperour And in the end it is thus concluded all our doings being referred to the Emperours Maiestie Lastly the decrees of this Councell touching Christian Faith were confirmed by a publike constitution of the same Emperour Martian The fifth oecumenicall Councell was assembled by Iustinian the first and the sixth by Constantine the third both of them in the Citie of Constantinople The last of these Councels Constantine subscribed after that he had commaunded that ten Bishops of the East and ten of the West
name of King at that time was hatefull to the Romanes yet they created a King whom they called Rex Sacrificulus or Rex sacrificus to performe those offices of their religion which in former times were proper to their Kings His office was not annuall but perpetuall which ioyned to his high title lest it should draw him to dangerous attempts they stripped him of all ciuill authoritie He might not beare either charge in the armie or magistracie in the common wealth He might not make any oration to the people nor deale with them about publike affayres His authoritie was restrained only to religion to offer sacrifices and to determine doubts if any did arise His person was sacred as Seruius noteth so that neither violence notr despight might be offered vnto him And yet the greatest Pontifex was preferred before him insomuch as in their festiuall solemnities hee was placed next to their greatest Pontifex aboue all the Flaminos His daughters might not be compelled to become Vestals His wise was called Regina sacrorum who euery Calendes did offer sacrifice to Iuno her head circled with a white wand of a Pomegranate tree called inarculum to whom the Vestals resorted vpon a certaine day in the yeere to admonish her not to neglect the solemne rites committed to her charge They erected also a Colledge of Pontifices First consisting of foure afterwards encreased to eight lastly by Sylla enlarged to fifteene Their office was both to preserue and interpret all solemnities pertaining to their religion to keepe a true record and remembrance of them to bee carefull that no Roman ceremonie were neglected and no externall obseruation brought in to determine what things were sacred and what prophane to appoint what sacrifices were to be offred vpon what daies in what Temples in what manner and whence the charge should bee supplied to decide doubtes concerning funerall obsequies performancies of vowes and oathes obseruation of festiuall times and such like If in any matter they did differ in iudgement that was obserued wherein the greatest part being three at least did fully agree They had also the interpretation of the Ciuill lawe which for many yeeres was reputed sacred among the Romanes They kept the Annales as Cicero saith of most memorable accidents and atchieuments euery yeere which were termed Annales maximi as Macrobius doth write and did set them forth in a white table called album pontificium out of which it was free for any man to write them It was also a part of their charge to repaire the bridges which vntil the time that Aemilius was Questor were made of timber and not fastned together with any iron or brasse These were esteemed sacred by the Romanes and if they were in any part decayed they might not be repaired but with sacrifices other ceremonious obseruancies From hence it is commonly supposed that they were called Pontifices but Scaeuola as Varro saith did more properly deriue that name from posse and facere not only in regard of their eminent authoritie but because the word facere in ancient Latine did signifie to sacrifice as Vigil speaketh Cum facer em vitula The principal of this Colledge was called Pontifex Maximus who as Iestus Pompeius and Valerius Maximus do write was the greatest Iudge in their religion And although other priests could not beare Empire in the armie or office in the state or be carried vpon horse or be three nights absent from the citie yet the same man might be Consul or Censor or Praetor or Magister equitum the greatest offices of that common wealth and also greatest Pontifex As Liuie writeth of P. Liciunius Crassus and M. Marcellus and of diuers others This Pontifex Maximus was so highly honoured in the populare state of Rome that hee was reputed to approach neere vnto the degree of dignitie which the kinges held in former times insomuch as L. Florus reporteth that a fine was imposed vpon Câ— Tremelius Tribune of the people for vsing vnciuill speeches against M. Aemilius Lepidus the greatest Pontifex A Sergeant was appointed to goe before him he was carried in a Coach-chaire called Curules sella which was reputed a royall ensigne because Romulus vsed the like by example of the Hetruscanes His doores were adorned with greene Lawrell if he vndertooke any office or charge he was not lyable as were other men either to controulement or account whether to the Senate or common people His proper ornament was a hat in token of his loftie estate If any offender did slie vnto him that day hee was protected from punishment Hee was married after a speciall manner called confarreatio His wife must be of singuler example and he might not iterat marriage the second time he might not behold a dead bodie hee might not foyle his hands with blood and neither giue nor assist sentence of death Hee was chiefe not onely of the College of Pontifices but also of him that was Rex sacrorum the Augures Flamines and vestale Virgins vpon whom hee might impose either fine or other punishment as the qualitie of their offences did require All their sacred matters whether publike or priuate did principally depend vpon his direction And yet this authoritie was often borne as hath been said by the highest ciuill Officers of that Common wealth the election of him pertained to the people and prouocation or appeale did lie also from him to the people For so Linie writeth that a contention did arise betwixt C. Seruilius the greatest Pontifex and L. Cornelius Dolabesta Duâ—muir because the Pontifex commaunded him to abdicate his office that he might be inaugurated Rex sacrificus in place of Cornelius Dolâ—bella This when the Dâ—umuir refused to doe the Pontifex set a fine vpon him for which cause hee appealed and brought the matter before the people Many tribes being assembled the difference debated on both sides they commanded the Duâ—muir to bee obedient to the Pontifex and yet they remitted his fine in case hee should abandon his office In the meane time the heauens were couered with darke and thicke clowdes which brake forth into a terrible teÌ„pest This being taken for ominous the assemblie dissolued and the authority to inaugurate was taken from the Pontifex The Common-wealth of yâ— Romans being changed againe to the gouernment of one the chiefest authoritie in all affaires depended vpon the Emperours For so Tertullian acknowledgeth the Heathen Emperours to be second and inferiour only to God before all and aboue all Againe he saith Wee worship the Emperour as a man next vnto God and inferiour only to God So did Eleutherius in those times Bishop of Rome write vnto Lucius King of Britaine You are Gods Vicar within your owne Realme according to the
it giue beginning to the two factions of the Guelphes who tooke their name from this Duke of Bauier and of the Gibelins so called of Wiâ—bling which was the place where the Emperour Conrade had bin brought vp Against Fredericke Barâ—arossa who succeeded Conrade Hadrian the fourth raised them of Milan and the other Lumbards Alexander the third stirred the Dukes of Saxon and of Austrich aiding them with all his power to intertaine disquiet in Almaine Pope Celestine the third excoÌ„municated Henrie the sixth Emperour the successour and sonne of Fredericke Barbarossa and depriued him of all his dignities making this the meanes to auoide him out of Italie into Almaine Against Philip brother vnto Henerie the sixth Pope Innocent the third caused Otho Duke of Saxonie to be elected Emperour whereby the Empire was embroiled with a bloodie warre Against Fredericke the second Pope Honorins the third raised the Lumbards in rebellion adioyning the Sicâ—ians to the side and the greatest part of the other Italians All these troubles were so tempestuous that the Emperour Radulph of Haspurge could neuer be perswaded to passe the Alpes for his coronation affirming that Italie was the denne of the Lion whereof the entrance was faire but the issue fearefull Clement the fifth armed and opposed Rebert King of Sicilie against the Emperour Henrie the seuenth because hee would not doe homage and sweare faith to the Sea of Rome and in the end caused him to bee empoisoned by a Iacobâ—e in giuing him the sacred host What troubles had Lewes of Bauier against Frederick of Austrich who was elected Emperour at the same time with him by the faction of Pope Iohn the 22 The same troubles were continued by Pope Clement the sixth who caused Charles the fourth King of Boheme to be elected Emperour and yet he could not enioy the Empire vntill after the decease of Lewes This Charles was a weake Prine both in counsaile and courage who in fauour of the Popes did extreamely both enfeeble and abase the Empire of Rome Nauclerus writeth that he entred the citie of Rome on foote in derision whereof a certaine Senatour began a speech which he made to the people with these words Ecce Rex tuus venit tibi mansuetus Petrarch who liued at that time did also write betweene scorne and disdaine of this deiection of the imperiall Maâ—estie I omit the tragedies which Eugenius the fourth raised against the Emperour Sigismond principally to impeach the Councell of Basil. I omit that which Paul the second did to chase Frederick the third out of Italie Generally they alwaies endeauoured to endomage the Emperors not onely as hating them for so Guâ—ccâ—ardine saith yâ— it grew into a proueâ—b It is proper to the Church to hate the Caesars but as fearing to be endomaged by them In the end partly by opposing enemies and partly by raysing rebellions against the Emperours the Popes haue bin able to expell their gouernment out of Italy Whereof our countrie man Sanderi in this sort hath written It is a thing more admirable then can be vtteâ—ed and able to make a man astonished that when the most puissant Emperours did for many ages display all their forces to no purpose for driuing the Roman Bishops from the citie of Rome now to the contrarie the Roman Bishops without any power haue remoued the Roman Emperours from the tower of the Empire and made themselues Lords of the Palaces of Caesars and turned the whole citie into their proper power This is true Master Sanders which you haue said but neither is it worthie of any wonder neither iâ— it all that which the Popes haue done What maruaile is it that most puissant Emperours could never preuaile against the Bishops of Rome when their owne subiects were persuaded that they drew their swordes against heauen and made offer like those Giants of whom the Poets write to scale the skies and to pull God out of his throne Where subiects haue bin of other opinioÌ„ there Princes haue preuailed against many Popes Againe what necessity had the Popes to vse force of armes when the consciences of men were vnder their commaund whilest this rule held good cloisters and Colledges were in stead of Castles vnto them and religious persons were in steed of many armies These were their garrisons these their soldiers these quelled the courage of all their enemies by thundring forth threats against those who disobeyed them not of death which might be peraduenture either contemned or else auoyded but of damnation which as it is most terrible so was it held for this cause vnauoydable For so Boniface the eight decreed that vpon necessitie of saluation all men must be subiect to the Bishop of Rome These forces were plaÌ„ted within euery state and by these might any state be supplanted By these meanes the Bishops of Rome were easily able not onelie to driue the Romane Emperours from the chiefe tower and seate of the Empire but also making one wrong the cause of another to reduce them to a very low degree both of power and of authoritie within Almaine and to hold them as no better then vassalls to their Sea For after that eight Emperours had been excoÌ„municate by Popes Namely Frederick the first Frederick the second Philip Conrade Othe the fourth Lawes of Bauaria Henriâ— the fourth and Henriâ— the fifth which was occasion enough for their subiects to reuolt and for other Princes to inuade the succeding Emperours partly vnwilling but principally vnable to sustaine so sad and heauie blowes submitted themselues to the papall power renounced the right which by long custome they claimed in election of the Pope and of other Bishops And to the contrarie the Emperour Charles the fourth acknowledged by his letters Patents that although he was elected Emperour by the Princes yet hee was to bee confirmed by the Pope and to receiue the Imperial crowne from him Whereupon Pope Pius the fifth did sharpely rebuke the Emperour Ferdinand by his Legat for neglecting to receiue of him the Imperial Crowne neither would he admit the Emperours excuse but had proceeded by excommunication to compel him had he not by entreaty of the French King and of King Philip of Spaine the Emperours kinseman been otherwise appeased In the forme of the coronation of the Emperours which was approued by the Emperour Charles the fourth and is kept in the Vaticane at Rome many seruile ceremonies are contained As that the Emperour supplieth the office of a subdeacon in ministring to the Pope when he saith Masse and that after diume seruice he holdeth the stirtop whilest the Pope mounteth to horse and for a certaine space leadeth his horse by the bridle Adde heereto the kissing of the Popes feete as Charles the fifth did at Bononia at Rome and last of all at Marsielles in Prouence in the presence of diuers other great Princes adde their humbâ—e subscriptions to the Pope I kisse the hands and feete of your holinesse adde
that they must seeke the Pope for receiuing the Imperiall crowne whereforuer he shall be and follow him if he chance to remoue with diuers like tokens and testimonies of deâ—ection of the Maiesty of that State and subiection thereof to the Sea of Rome For further declaration whereof during the life of the Emperour the Popes challenge to be his Iudge and the Emperiall feate being void they claime the exercise of Imperiall power and haue giuen inuestitures and receiued fealtie of those who held of the Empire as of Iohn and Luchiâ— Vicounts of Milane For which cause the Canonists also who set vp these strings to the highest strame doe maintaine opinion that the Emperour cannot resigne his Imperiall dignitie to any other then the Pope and that it is a streine of heresie not to beleeue that the Emperor is subiect to the Pope and that the Emperour is but the Popes Minister to vse his sword only at his becke Lastlie Pope Clement the fifth expressely declared by decree that the oath which the Emperour maketh to the Pope is no other then an oath of fealtie Neither hath it been against the Empire only that the Popes haue had this power to preuaile but against diuers other Christian countries in so much as they haue claimed to hold either as feudataries or as trubutaties to their Sea the kingdomes of Naples Sicilie Hierusalem Sardinia Corsica Arragon Portugale Nauarre Ireland England Scotland Poland Hungarie to which Cuiacius adioyneth the kingdome of France which Pope Boniface the eight declared to be deuolued to the Church for the contempt and disobedience of King Philip the faire And Pope Alexander the sixt in diuiding the late discouered parts of the world betweene the Kings of Castile and Portugale expressely reserued to his Sea the Iurisdiction and soueraignety of them by consent of both Kings who from that time became his vassals of all the purchases and conquests which before they had atchieued or intended to enterprise in times to ensue Generally they do challenge temporall soueraigntie in all countries habitually at the least which at pleasure they may produce into act whereby the subiects of any State may haue recourse vnto them to some complaint or suite against their Prince to be relieued or protected by them and to receiue priuiledges and immunities at their hands Whereby also they may iudge the actions of Princes and vpon such cause as they shal thinke meet punish excommunicate de priue them denounce publike warre against them free their subiects from subiection vnto them As Pope Pius the first not only absolued the subiects of England from their alleagance to the late Queene Elizabeth but commanded them also to turnâ— traytours and take armes against her After which Bull few yeeres passed without some notable attempt either against her person or against the State It would be very redious to giue but a light touch to all the desperate distresses that hereupon haue bin occasioned in diuers foraine countries which out of their Annal may be furnished with ease And the sequell now sheweth that the chiefe encrease and establishment of the Turkish Empire hath proceeded from the outragious warres which by this meanes haue been occasioned among the Christians which made Europe on all sides to bath her limmes in the blood of her children Against our owne State we cannot be ignorant what heretofore hath bin acted especially vnder the raigne of King Iohn What hath been lately what freshly what is daily attempted it cannot possiblie escape the memorie of those that liue in this present age and for helpe of those who are to succeed report there of shall be made at large in a historie Intended for the times lately passed and now presently running The accumulating of these examples in this place would be a matter of some labour for cleering that which hath litle doubt Thus much in substance but somwhat more briefly deliuered it seemed that there was not any man in that presence who either in replie or in supplie had not somewhat to say That only was a hinderaÌ„ce to the discharging of their minds which is pleasantly said to haue dissolued the Parliament of women because they could not agree to speake one at once Many shewed themselues so impatient of silence and they who vpon aduisement could haue said least were vpon the suddaine most franke and forward in words At the last that which was the cause that no man could haue free libertie of speech did driue them all into a dumbe dumpe which opportunity was forthwith apprehended by a thick Theologian whose formall attire countenance and cariage was a good supplie to other defects And so hauing composed himselfe to al complements of grauitie and grace he began his speech after the set and solemne manner of those disputers who contenting themselues with commendation of memorie doe more diligently endeuour to repeate then to reply You haue declared vnto vs said he that the proper qualities of the rights of Maiestie are to be both perpetuall and also absolute as neither depending vpon any other nor yet held either vpon charge or with exception and restraint That these rights coÌ„sist in managing affaires of highest nature which cannot be separated from the soueraigne power because vpon the guiding of them all the fortunes of a State do follow That nothing is of so high nature in a State as is religion and that therefore the ordering thereof is annexed as a right of Maiestie to the soueraigne power whether it be setled in a King or in the Nobilitie or in the peopleâ— For seeing religion commandeth the conscience and holdeth the soule in subiection if supremacâ—â— therin be acknowledged to be in a forren Prince the sinewes of domesticall soueraigntie are cut in sâ—nder You haue brought certaine examples of dangerous consequence when either strangers or subiects haue bin followed for religion You shewed yâ— for auoiding the like dangers two policies were anciently obserued one consisted in excluding external ceremonies rites the other in setling the gouernment for matters in religion in the supreame power and authority in the State That this last was practised among the Iewes Aegyptians in diuers other countries In the foure great Monarchies also of Assyria of Persia of Graecia and of Rome Of Rome you say first vnder the gouernment of Kings secondly in the popular state thirdly vnder Heathen Emperours and lastly for a good space vnder Christian Emperors who in matters of circumstance and of external forme in religion both vsed and were acknowledged to haue supreame authoritie of whose lawes diuers were afterwards either assumed by Popes or attributed vnto them Concerning matters of substance and of internall forme they assembled generall Councels wherein they held the Primacie and confirmed the acts of them by Imperiall decree You declared also that when Constantinople was aduanced to be the head of the Empire a stiffe strife did arise