who established the Priests in their charge yea Salomon deposed the Priest Abiathar And Nehemias restored the seruice of God caused the Law to be read and enterpreted making the people to vnderstand it by reading And if the Spirit of God taught Nehemiah this forme of enterpreting the Law by the holy Scripture which conteined then but the bookes of Moses and a few others of the old Testament how dare men taxe the Scripture of obscurity now that it is illustrate with the Commentaries of the Gospell of the Sonne of God and with the gloses of the Apostles Euangelists Certaine it is that this forme of enterpreting the Scripture by it selfe wil not be reiected vnlesse it be of such as the Apostle speaketh of 2. Cor. 4.3 If our Gospell be hid it is hid to them that perish in whom the God of this world hath blinded the mindes Now all those Princes were not Priests and therefore did nothing but in the quality of Kings exercising the charges depending of the Crowne True it is that sometimes one and the same man was both King and Priest as Melchizedec but it was in asmuch as he figured the onely King Priest and eternall Prophet of his Church to wit our Sauiour And if Cardinall Bellarmine will at this day bring in a mixt power into the Church either hee will make vs still in expectation of the Messias by such figures or will manifest vnto vs vnder the Gospell that which Pope Nycholas speaketh of in these termes Nichol. Epist 8. Before the comming of CHRIST some haue bene typically Priests and Kings as Melchizedec which the Deuill would imitate in his members Out of which words may be gathered that if there bee found since the publication of the Gospell any person exercising both the functions that hee is a member of the Diuell according to the opinion of Pope Nicholas who fauoureth not in that the Bishops that be Lords Temporall and Spirituall And as Kings fully discharging their office were blessed of God so they tooke not vpon them any thing pertaining to the office of the Priests and Leuites neither intermedled they with making vnleauened cakes sacrificing of Calues or sprinkling of the bloud vpon the Altar for in this case it was permitted the Priests to reproue and God did punish them for it So Azariah the chiefe Priest said to Vzziah 2. Chron. 26.18 It pertaineth not to thee to burne incense vnto the Lord but to the Priests the sons of Aaron that are consecrated for to offer incense And not onely the chiefe Priest but the least hauing charge in the Church may admonish in conscience in godly manner all Kings Emperours after the example of Nathan and Saint Ambrose Bishop of Milan who shut the Temple against the Emperour Theodosius For it is not a case reserued to the Bishop of the first sea to put Kings in minde of their conscience to make knowne vnto them their sinnes it is the Law of God that speaketh and not man whose person or degree is not considerable but his Diuine commission After this manner vnder the Law yea from Adam vntill our Sauiours comming in the flesh Kings haue behaued themselues with the Priests Christ was borne in the yeare of the world 3963. and all the Church for the space of foure thousand yeares CHAP. IIII. That since the comming of our Lord IESVS in the flesh the authority of Kings ouer Ecclesiasticall persons is not diminished THERE is nothing truer then this Proposition of our Sauiour Mat. 5.17 I am not come to abolish the Law but to fulfill it Also Ioh. 18.13 My Kingdome is not of this world Whence it followeth that the Iustice which is Patrimoniall to all Princes is not taken away from them ouer one part of their Subiects That IESVS hath not established any other power aboue their Estate for to dispense their seruants of their allegeance due vnto them that hee hath not taken away from them the command that they had in time of the Law ouer the Church to reforme it ouer the Doctors of the Church to assemble them and ouer the chiefe Priest to depose And therefore Saint Paul saith that Kings are established as well to maintaine piety and religion as honesty and pollicy 1. Tim. 2. To the end saith hee that wee may lead a peaceable and quiet life in all godlinesse and honesty For why should the yoake of the Gospell which CHRIST calleth light to all that will vndergoe it bee heauy on the necke of Kings to whom God giueth titles and prerogatiues aboue all other men calling them the CHRISTS Ier. 4.20 or annointed of the Lord And as our Sauiour is called the light of the Gentiles 2. Sam. 21. 1. King 14. 1. Sam. 13 1◠〈…〉 in the song of Simeon so also is the King called the Lampe of Israel and Moses and Dauid Men of God And in the Psalme speaking of this authority I haue said ye are Gods all children of the most High Whence come then those heresies that already take roote in all the society of new Doctors That Kings are rather slaues their Lords that Popes haue degraded many Emperours Bel. de Pont. lib. 1. c. 5. lib. 3. c. 16. lib. 5. c. 8. Emanuel Sa Iesuite in his Aphorismes Printed at Antwerp v. Princeps v. Clericis but neuer any Emperour deposed one Pope That Bishops may depose Kings and abrogate their Lawes That Ecclesiasticall persons dwelling in a Kingdome are not the Princes subiects and cannot bee iudged by them though they iudge Princes Now who is it that seeth not the iugling deceit of the Iesuites throughout the Chapters of this Treatise neither can the Cardinall bring any reason to the contrary and although wee agree in this that Kings are ordained of God for the people yet wee must discouer the fallacy of these Doctors equiuocating in the word for which is applyable both waies to serue and to command So wee agree that Kings are for the people but it is as the soule is created for the body and the head for the members to wit in a superiour degree to command and not to set the feete aboue the head Thirdly if this Doctor will not attribute to himselfe more authority then CHRIST and the Apostles haue done who in this world subiected themselues to it hee will not hold Kings in the ranke of slaues And if it had bene needfull to abase them in this estate the Lord IESVS had power enough to make the proudest stoope But if neither hee nor his Apostles haue enterprised any such thing then when the Church was in her purity it followeth that the perfection of the State Ecclesiasticall dependeth not on the superiority of Magistrates Soueraigne or subalternall And seeing the Apostle commandeth his successours to bee imitators of him 1. Cor. 11 1. Phil. 3.17 as he is of CHRIST they should say one to another as Christ did of himselfe
at Arles and the sixt most famous of all at Francfort in which he himselfe was present in person and there condemned the errour of Felician and the Councell of Nice falsely called the seuenth generall Councell Sigeb in the yeare 773. Now in this place it is worth the obseruing that the election of Byshops and Arch-bishops yea of the Bishop of Rome was subiect to the confirmation of the Emperour for want of inuestiture made by him they should not haue bene consecrate as the Canons do witnesse Can. Vota can Agatho 63. dist where wee read the confirmation of Saint Ambrose by the Emperour Valentinian From this ancient prerogatiue common to the Emperours it commeth that Charlemagine hauing parted the Empire and agreed with the Emperour of the East assembled a Councell at Rome that hee might make passe a new title in his person and an acknowledgement by the Clergy touching this authority to confirme Byshops which from all antiquity belonged to the Emperours his predecessors Whence it is manifest that the Popes haue absurdly termed this declaration and acknowledgement a priuiledge and fauour of Rome or gratification to King Charles the Great for it is a right and prerogatiue common antient and Diuine And at that time was made the Cannon Hadrianus Can. Hadrianus Can. in Synodo 63. distinct and after thâ—â— which beginneth In Synodo which truth is farre from the doctrine of the Cardinall Iesuite who would faine perswade the people that the authority of Emperours and Kings is grounded on the good liking and fauour of the Pope and that they cannot vse the same longer then it pleaseth him Now a while after crept in the question that so much troubleth the world about the interpretation of these wordes of our Sauiour This is my body For the cleering of which point and to know the meanes whereby a Christian man Communicates in the merite of the death and Passion of our Lord and Sauiour King Charles the Balde who beganne to raigne in the yeare eight hundred fourty and one went not out of his owne kingdome to seeke the vnderstanding of those wordes of the Gospell in the Court of Rome but consulted with one of the most learnedst Clegy-men of his subiects named Bertram a Priest whose discourse wee haue yet worthy to bee preserued for by it wee may learne that the opinion pretended to be new in these daies was as then esteemed most ancient And if it would please the Disciples of Loyola to referre themselues to this good Priest there would be no more disputing in France about the Sacramental words neither should wee debate so much about hoc est yea if they were sent for the peace of the Church Thus wee haue shewed how our Kings haue maintained their right and authority during the two first races in which time was preached none other doctrine then that of the ancient Canons which haue these words It is a generall paction (a) Can. quae contra 8. dist 93. in summa 94. dist c. qui culpatur 23. q. 3. textus gl cap. Si Episc 18. dist of humane society to obey the Prince Which was confirmed by the example of the King of Israel who commanded Hilkijah the high Priest and by the testimony of Saint Hierome saying Wee must (b) Cap. principibus 23. q. 5. be faithful to Princes and Superiour powers otherwise none can hope for reward at Gods hands Now among other Kings the Canonists themselues say that the King of France is the (c) Cardin. Clem. 1. pr. de immunit Eccl. King of Kings that he shineth among others as the morning starre (d) Bard. ca. 1. §. 1. de prohi feud alien Idem Consil 415. part 1. Notwithstanding the great extent of countries that the King of Spaine possesseth at this present by the meanes in history declared For yet at this day he is your Maiesties Leige-man both for Maiorca (e) Petrus Iac. in pract sub rubr de success regnum vers item noÌ„ aduertunt De Grassalio 1. iure li. 1. Regaliar a Fiefe of Magalon a Church of Gaule Narbonnois and for the Earledome of Flanders which belongs (f) Gaguin li. 4. 5. c. 1. Bald. Anth. statuimus v. iuxta hoc C. de Episc Cler. to the iurisdiction of the Parliament of Paris and is chiefest of the three Earledomes numbred among the Peeredomes of France Neither can the Kings renunciation being prisoner make to the contrary forasmuch as the feare of being still detained hindred it to bee a full consent and maketh the pretended ratification for the Kings children were then prisoners in Spaine Itaque semper suberat metus causa Imo per filios pater plerumque magis torquetur and the (g) Cardin. consilio 137. incipiens Redemptor Mar. soz consilio 53. example of the King of Cyprus serueth well to this purpose Secondly the King of Spaine caÌ„not preuaile with this consent because the right and iurisdiction thereof being a royall (h) Lucas de Penna l. quicunque 11. lib. Cod. de omni agro de sero demaine belonging to the Crowne cannot be alienated This royall dignity so high aduanced in euery kingdome was the cause that the Canonists made no difficulty as in these daies the Iesuites do to acknowledge the King for the Vicar of IESVS CHRIST in his owne (i) Felinus ca. cum non liceat de praescr Bal. cap. significantibus de off delegati Kingdome yea they entituled him corporall God and Gods (k) Bald. de loco prohibit feud alien de pace Constantiae delegate vpon earth these are their termes We haue had also many kings in such reputation with the Clergy that no Prelate aduentured to approue parricides or to absolue their subiects from their obedience but haue Canonized them and inrolled them in heauen Such do Hystories report to bee king Dagobert Charles the Great and Saint Lewis vnto which number mauger the enemies of the State wee will adde Henry the Great your Maiestes father an excellent and most valiant Prince and Martyr In like number is acknowledged in this kingdome certaine markes and testimonies of a speciall fauour of God granted to our Kings the gift of healing the Kings-euil the oyle of vnction the Flower-deluces and the Oriflambe or holy-standerd of France whereas all antiquity fabulous or true haue giuen but one Palladium to great Troy but one Buckler to stately Rome and but one signe of the Crosse in heauen for a presage of victory to the good Emperour Constantine Which prerogatiues acknowledged by Popes caused Innocent the fourth to grant tenne daies of indulgence (l) Thom. 4. sent q. 19. art 3. in sol vlt. arg gl in v. teneretur in proem prag sanct to them that should pray for the King and Clement added an hundred more Now for asmuch as the King of France is so absolute thence it coÌ„meth that his kingdome is not reckoned among the Fiefes for he doth
by the vsurpation of the Gothes and Vandales Rome hauing bene in a short time thrice sacked the yeare 414. vnder Honorius by Alaricke in the yeare 459. vnder Martian by Gensericke King of the Vandales and lastly by Totilla King of the Gothes in the time of Iustinian who expelled thē in the yeare 552. But the King of Lombardes dispossessed him and held Italy two hundred yeares after till he was expulsed by Charles the Great During which hurliburlies there remained to the Emperour the Exarchate of Rauenna of which place the Bishop in the yeare 558. would haue attributed to himselfe the name of Vniuersall Byshop because hee alone in Italy acknowledged the Emperour On the contray the Bishop of Constantinople pretended this authority because of the seate of the Empire Which ambition Gregory the great Bishop of Rome a learned and good man blamed in many of his writings saying Greg. 16. Epistol Indict 15. Epist 194. 288. c. That he should be the Anti-christ which would seeme God ouer all men but that hee was his fore-runner which exalted himselfe aboue Priests Whence it followeth that the first degree of Anti-christian ambition was to exalt himselfe aboue his fellow-officers in the Church and that the accomplishment of this mysterie is to exalt himselfe aboue all that is called God 2. Thes 2. or which is adored Notwithstanding Boniface the third successour of Gregory was not of this opinion but receiued the title of Vniuersall Byshop by meanes of Phocas who hauing slaine the Emperour Mauritius and his family vsurped the Empire and made himselfe Lord of Constantinople CHAP. V. The Christian Kings are grounded in title and possession of the rights and authority aboue declared PHARAMOND the first King of French-men beganne to raigne in the yeare foure hundred and seuenteene Three of his successours were Pagans Du Haillan in the end of the raigne of Clouis Clouis was the first Christian he came to the Crowne in the yeare 484 and continued in possession of the Royall authority before spoken of For he assembled a counsell at Orleans in which were many Prelates namely 32. Bishops and caused two Monkes guilty of high Treasō to be executed In the same manner continued his Successours vntill Boniface the third which may bee said to haue bene the first Pope For as touching the name it was before common to other Prelates as Saint Hierome in many of his Epistles calleth Saint Augustine Hier. Epist ad August to 2. and Alipius by the name of Popes as the name of Priests and Bishops were taken in the same signification for said Saint Hierome Hier. Euagrio Vbique fuerit Episcopus siue Romae c. siue Regij eusdem est meriti sacerdotij c. What is the Byshop more then the Priest except the ordination c. Euery Byshop whether hee bee of Rome or of Alexandria hath like merite and the same Priest-hood richesse nor pouerty doe neither exalt nor debase the Byshop c. Notwithstanding after sixe hundred yeares the said Boniface the third then Byshop of Rome together with the name tooke vpon him the effect And as Adam gaue the name according to the nature of the thing and as in truth it was Boniface the third and his successors challenged to themselues the things after the abuse of the name Whence it is obserued by Historians Beda Sigibert c. Durand 4. rational Ado. Onufrius that he was the first that vsed in his Decretals these termes We will we ordaine wee command and enioyne Now that which hath very much aduanced such vsurpations hath bene the confusions of the warres of Italy and the negligence of our last Kings of the first race out of which King Pepin taking occasion to assume the Crowne and to trans-ferre it into his family made himselfe bee crowned by the Pope in the yeare seuen hundred fifty and fiue to the end hee might make vse of the credite that from those times the Pope had in the Christian Churches and that hee might the more oblige him to maintaine his cause he gaue to the Pope the Exarchate of Rauenna and that which hee holdeth in Romania And by this meanes these two Lords obliged themselues each to other without disbursing penny for the least Byshop in France could haue crowned Pepin as valuably as Pope Zacharie and the Exarchate pertained not to the King but to the Emperour Paul Emil. du Tillet others to mittigate whose indignation the King made that donation in the name of Constantine who was dead more then three hundred yeares before Which I report for to shew that the greatnesse of Popes proceedeth from the liberality of our Kings and that they should bee very ingratefull if they did not acknowledge it toward them Moreouer Pepin changed the ceremonies obserued in the Gallicane Church and brought in the Romane ceremonies by the mediation of Renny Arch-bishop of Reines About the same time arose the controuersie about Images which the Greek Churches would not receiue into their Temples Epiphanius Byshop of Salamina tare in peeces a picture set vp in the Temple and Serenus Byshop of Marseille beate downe an image The Emperour Phillipicus surnamed Bardanes maintained himselfe in the right of Kings and in the yeare 713. made a decree concerning Images which dured till Constantine the second who confirmed it in the yeare 782. whereat his mother Irena being prouoked as superstition easily inciteth weake mindes shee assembled a Councell at Constantinople during the Emperours minority for to establish her Images but the people opposed themselues thereunto and chased away the Prelates which afterwards were assembled againe by this woman at Nice but when shee could not install her Images shee put out the eyes of the Emperour her sonne and sent him into exile in which hee died Meane time in the yeare 776. King Charles the Great passed into Italy subdued Didier King of the Lumbardes tooke him prisoner and brought him to Lyons and soone after being requested by Pope Leo to deliuer him from the hand of Campul and Syluester his enemies hee went thither and by the same meanes made himselfe bee crowned Emperour and confirmed to the Pope the donation of King Pepin his father and from that time forth by trans-action betweene the King and the Emperour the Empire was diuided and the westerne part remained to Charlemaigne who approued not the decisions of the Greekish Synode but wrote a booke entituled a Treatise of Charlemaigne against the Greekish Synode touching images which booke is extant to this day But that which serueth to our purpose is that the King by this meanes maintained himselfe in possession to make Lawes for the Church of which there are many in a booke called the Capitularie decrees of Charles the Great And as Pepin his predecessor had done in the Cittie of Bourges so did hee also assemble many Councels in diuers places of his kingdome as at Mayence at Tours at Reines at Chaalons
homage to none but to God of whom he holdeth his Crowne because all other fealty (m) Cap. cū olim ext de priui leg Bald. l. quoties C. de suis legis presupposeth seruitude contrary to such soueraignety and liberty Wherefore the King holdeth not in any fashion whatsoeuer of the Emperour nor of the Romane Empire which neuer any King of France acknowledged since Pharamond the first King of the Frankes or Frenchmen our Kings hauing all the markes of Soueraigne (n) Pan. ca. tua 2. de decimis ca. quae in Ecclesiarum de constitut Bald. l. exemplo C. de probat 1. de off praes proet Clemens 5. extrauag meruit Empire in their Kingdome Which the Pope himselfe confesseth in his Extrauagant saying that Boniface the eight could doe no preiudice to the King who acknowledgeth not any (o) Cap. per venerabilé Qui fili sint legit Superiour Which must be vnderstood contrary to the interpretation of the glose thus that iuris facti the King hath no Superiour seeing that the text beareth these wordes Hee might doe it (p) L. ex facto de vulgari l. sin c. de militari testam Pen. d. loco as being King and Prince for this word Prince is a name authorised of right by law and not an attribute to a violent vsurper to the aduantage of whom the Canonists will neuer confesse that the Pope authoriseth any such action and way * Facti cōtra ius of custome against right these words then he might is expounded the Prince is grounded in it by law or right And as the good Cittizen preferreth the safety of his country before his owne life and the life of them that bee neerest and dearest to him so they hold that wee must obey the King rather then our naturall Father because hee is the (q) Lucan Pater vrbique maritus Plutar. in institut Traiani Luc. de Penna l. quicunque col 3. Cod. de omni agro lib. 11. nemini lib. 12. de Coss husband and father of the country which is the common mother of the inhabitants Whence it followeth that Cardinall Bellarmine establishing another Temporall power then that of the King ouer his kingdome makes the Pope a Temporall (r) Bellar. l. 1. de Pontif cap. 9. adulterer as also he figureth him a Spirituall fornicator making him the Spouse of the Catholike Church Etiam Christo secluso for the King is alone the Father and Husband of his people and CHRIST is the onely Head of his Church Papa secluso Now from this fundamentall reason antient and naturall commeth this decision that if a Prelate be called by his superiour and by the King at one and the same time hee must rather obey (s) Can. Si Episc 18. dist c. de reb 12. q. 2. c. pastoralis ducto argumento ab ordine literae §. cum a. de off deleg the King then the Prelate The same is said of a Byshop holding a Manour in fee of the King hee oweth vnto him obedience rather (t) Gl. cau reprehensibili 23. q. 8. Inn. Panu cap. cum parati de Appellation then vnto the Pope himselfe as the antient Doctors do teach against the new opinion And because the Law is defined to be an ordinance of the (u) Bal. c. 1. de Constitu c. constitut 2. dist Soueraigne it pertaineth onely to the King to make and to abrogate them throughout his kingdome For who is it (x) L. 1. 2. 3. de officio praes vigil hath most interest to watch for all the members but hee which is the head And although the violence of some Popes hath bene such that they haue (y) C. Tibi Domine dist 63. constrained some Kings yea Emperours to beare the yoake that the prophesie of Saint Iohn in the Reuelation might bee accomplished The Popes neuerthelesse haue neuer vsurped nor yet pretended that authority ouer the King of France witnesse the extrauagant (z) Can. Ego Ludouicus 63. dist Meruit Neither maketh that against it which is in the Cannon Ego Lodouicus and that the custome of Kings is to send to the Pope to promise him a friendship of spirituall filiation For that gratification is by reason of his charge of Pastor which euery other Byshop exerciseth with as great power as hee But as for the Pope hee is bound presently after his election to send the articles of his confession to the King who hath the authority to make them bee examined by the Sorbonnists and bee considered (a) Du Till tit of the liberties of the Gallicane Church ca. satagendum 25. q. 1. vinc Sigau tract de factis princ c. 2. Regal cap. 3. whether they be orthodoxall according to that which was practised by the Popes Pelagius and Boniface the eighth in the raignes of Childericke and Phillip the Faire From this Soueraigne power grounded on right humane diuine and ancient it proceedeth that Kings may of their owne authority without the consent of the Pope (b) Bonif. in Bulla inserta in lib. liliol de qua Io. Feral Guliel Bened ca. Rainutius v. vxorem nu 103. detestamentis impose tribute on Ecclesiasticall persons although the Pope pretend (c) Cap. non minus c. aduersus de immunit Eccl. that the King of France alone hath this right which hee calleth priuiledge But if so bee it were a priuiledge yet hee can neuer reuoke it (d) Bald. 1. vectigalia C. de vectigal it being a thing granted to the common-wealth and not to the person Moreouer this imposition is laid by the king not onely on the Tēporality subiects of their owne nature for the (a) Bald. ca. cum venissent de eo qui mittiuit defense of the cōmon-weale but also on the rest of the reuenue Ecclesiasticall as king Lewis the twelfth leuied the tenth of the fruits of Benefices in the time of Alexander the sixt in the yeare 1498. The like did Francis the first in the yeare 1530. in the time of Clement the seuenth Wherefore the glose of (b) Clem. Si beneficiorum Clement saith that the same is ordinarily practised in France Contrariewise the Pope cannot (c) Decretū de annatis statuit sancta synodus v. exigatur impose nor raise subsidies vpon benefices Therefore the glose of the decree of Annats or first fruits reporteth that king Lewis the twelfth and others haue forbidden such raising of subsidies Item king Charles the fifth caused sentence to bee giuen against Pope Benedict the thirteenth for that matter And the kings Attorney generall obtained the like iudgement Anno 1463. in the raigne of (d) Guag l. 9. c. 3. li. 7. cap. 3. Lewis the 11 who had assembled many Prelates Which was also practised in the raigne of Phillip the faire And although according to the Popes opinion no lay-person can dispose of spiritual things (e) Cap. quae in
Ecclesiarum ca. Ecclesiae de constit c. 2. quanto de iudicijs no though it be in fauour of the Church so farre is hee from (f) Cap. si quis 17. cap. de iure patron granting them the right to possesse them yet notwithstanding the king may do both the one and the other as is confessed in the (g) Guag lib. 7. c. 3. Councell of Basill in the title of Annates Also after the opion of Gaguin this right to conferre Benefices is a prerogatiue so royall that there is not any thing in a kingdome that doth more belong vnto the king And that not by vertue of his being annointed for notwithstanding the same he remaineth still a meere lay-person (h) Cap. tua de decimis according to the doctrine of the Canons Wherefore the kings consent is requisite (f) Specul tit de legat Sect. nunc ca. dilectus 3. de praeb can cum inter de consuetud tit de Annatis Sect. Item quod dicta in prag sanct in the elections of Prelates before they bee consecrated According whereunto the kings Attorney ought to bee called in the election of the Abbot of of Mans but if any did the contrary the (g) Can. Hadrianus câ—en synodo can hinc est 16. q. 1. Guag lib. 4. cap. 1. King might punish him Vpon this right common antient and Diuine proper to al Kings are grounded the sentences of the Courts of Parliament Moreouer besides the conference of benefices the king may hold and (h) Panor in repetite Sect. quia v. 10. col 3. cap. extirpand de praehendis possesse them and indeed hee the hath Canonry of S. Hillarie at Poitiers of Saint Martin at Tours Anger 's and Mans. And although the King receiue not any order the (i) Gl. cap. Valentinianus 63. dist Canonists neuerthelesse doe hold that the most Christian king may exercise the office of a Subdeane that Charls the 8. did vse the same whilst the Pope celebrated Also the king precedeth all his (k) Pan. c. verum de soco compet Innoc. c. Nouerunt de sententia excommun prelates as PanormitaÌ„ and Innocent do hold yea the prelates do owe vnto him liege homage which (l) C. minus ibi Pan. de iuretur idem super c. veâ—ens in secundo notab dicens Regem esse fundatum de iure communi importeth fealty towards him against all without exception And to shew that it is in quality of Byshops that they submit themselues in making their oath they haue the (m) Gl. v. corporali c. vt circa de Elect. lib. 6. secundum Pan. c. laudabilem de frigidis stole about their neck their hand vpon the stomacke and the booke of the Gospell before them But Lay-men render homage kneeling and their hands ioyned together Also they (n) Can. si in morte 23. q. 8. ought to assist the King in his warres and so by sentence giuen it hath bene iudged (o) Io. Gall. anni 1280. in fin fol. 116. c. ex multa de voto ibique Panor against the Byshop of Limoges And they may bee depriued of their liuings for (p) Guid. q. 39. Bened. c. Rainutius 2. decis num 459. Guag lib. 6. c. 4. fellony further it appertaineth to the King alone (q) Aufrer in repet Clem. 1. in 4. reg fal 2. de off ordin Guido q. 62. v. circa Bened. v. vxorem 2. decis num 445. Fract arest art 211. to giue pardon to them in case of crime and to reforme the Church (r) C. 1. Ne sede vacante Bart. 5. part cath consider 17. assembling for this effect his Princes (s) Cygaut tr de factis princ in regali and Prelates without requiring therein the Popes authority as reporteth Vinc. Cygaut saying that he had receiued letters and commandement from the King to reforme the Franciscan Friars so is it practised ordinarily (t) Cap. Filijs 17. q. 7. in cases of notorious abuse And finally the King is alone Lord of all the Territory (u) L. pupillus §. Teritorium de verb. sinif l. 3. c. donatur lib. Cui ad 53. C. de deretur l. Nulli C. de episc Cler. of his kingdome Now territory is defined in the Ciuill Law a space of land which boundeth the extent of euery Citty So called because the Magistrate of the same giueth terrour and can expell whom he pleaseth out of his iurisdiction Hence it commeth that if a Byshop take any one out of the enclosure of his Court such taking shall be (x) Bal. flor l. sicuti §. Aristo Si seco vindi voide and therefore they are to (y) Can. romana Sect. contrahentes de foro compet l. 6. Can Episcopus in casus posit D. foro compet l. qui seruus Sect. Idem de Aedil Ed. craue aide of the Iudges royall Whereby may be gathered the mallice and folly of those men that entitle a Byshop my Lord of Paris my Lord of Chartres c. For there is none but the king Lord of those places yet true it is that in some Prouinces there are Byshops (z) Can Episcopus Ne clerici vel mo l. 6. Lords of the Territory as is the Byshop of Rome and some Byshops of Germany against whom maketh the saying of Pope Nicholas in his eighth Epistle that they which are both Kings and Priests vnder the Gospell are members of the Diuell Now whatsoeuer the Prelates pretend (a) Can. cuÌ„ Episcopus de off ordin lib. 6. Cui in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 de Episcoand it is certaine that they haue neither Territory nor iurisdiction by disposition of Law neither any portion of Empire pure or mixt such as is iurisdiction witnesse the title De Episcopali audientia different from the title De iurisdictione omnium Iudicum vpon which the learned Cuias writing saith Episcopi iurisdictionem non habent nec forum nec apparitionem nec executionem And therefore there wholly remaineth to Kings all markes of Soueraignety Yea as the Doctors (b) Carol. de Grassalio è nouo iure lib. 2. Regal allegat can propter gl v. ducibê° 33. dist gl Adigere de iure patâ— Canonists do obserue of whom wee borrow that which followeth the King alone and none other is Gods Vicar and Lieutenant generall in his Kingdome habet vim Apostoli and they hold that hee hath authority to excommunicate And as touching his person and the persons of his subiects the Pope hath no power (c) Extrauag Meruit in bulla ad aeternam Io. 2. Extrauag frequentes in fin de iudicijs to excommunicate or curse them as the Popes Clement the fifth and Iohn the twentieth two themselues doe confesse of which Cygaut (d) Cygaut tract de factis princ c. sententiae excommun in fin pretendeth to render a reason taken out of Hostiensis And forasmuch as the family enioyeth the same rights
(e) Cap. Ecclesia l. 2. q. 2. gl c. Clericum 11. q. 1. as the Lord of the same thence it commeth that the Kings Officers cannot bee anathematized by the curses that the Pope thundreth forth And by sentence of Court it hath bene said that in the generall monition (f) Sentence of Court giuen the 17. of Aprill 1507. reported by Iohn Ferrant in his Treatise of the rights of the Kingdome of France the e Register of Chastelet was not comprised for the matters that he knew in the office of Kings Register Wherefore Charles the fift in the yeare 1369 by letters pattents enioyned all Prelates and Officials that they should not make or pronounce any censure or excommunication comming from Rome into the Citties and places of his Dominions And Charles the seuenth by other letters pattents dated the second of September 1440. commanded the same thing to the Court to the Prouost or Gouernour of Paris and other Iudges By these testimonies it doth cleerely appeare that all royall rights and prerogatiues vsed by the King of France at this present belong and are due vnto Kings by right Diuine and common practised by the Patriarches and by the Kings of Ierusalem and in the Primitiue Church and by Constantine Iustinian Charlemaigne and their successours from time to time to this day Consequently that such prerogatiues be absurdly called priuiledges of the Gallicane Church or priuiledged cases for they are not fauours of Rome but gifts of God it is not an affranchisement but a naturall ingenuity of the Christian Church before their was either Pope or Bishop of Rome And thus much may suffice for that which respecteth the Kings title Now wee must speake of the possession which hath bene controuerted in the third race of our Kings but yet not interrupted but alwaies retained by thē who haue maintained the same in act as they were grounded therein by right CHAP. VI. That the first attempts of Popes against the authority Royall began in the third race of our Kings who haue neuerthelesse maintained themselues in their rights vntill this present HISTORIE teacheth vs that Hugh Capet being chosen and acknowledged King by the States and lawes of the kingdome in the yeare 987. required not any approbation of the Pope but went straight to Reines to be crowned and though in those daies Iohn the twelfth hauing attained the Pope-dome by horrible meanes as Hystories report assailed the king Platina others yet could he winne nothing though the King at this new comming to the Crowne would exasperate nothing against him But the Emperour Henry handled him more roughly for he came to Rome deposed him and created Leo the eighth in his place and hauing assembled a Councell he thereby made vse of the rights due to the Emperour according to the Canons Can. Adrianus c. vota can Agatho c. lectis c. in synodo 63. dist But forasmuch as my drift is principally to speake of the possession of the rights of the King I will passe ouer the confusions that the ambition of Popes and Anti-popes did in those times bring into the rest of Christendome from the yeare 1000 of CHRIST and about the raigne of king Phillip the first when the Empire was dismembred from the Crowne of France Of which disorders one of the principall authors was that Gregory the seuenth whom Cardinall Bellarmine calleth Saint though his name at Baptisme which Popes renounce after their election was Hildebrand which the Germaines say signifieth in their language Fire-brand of hell With like fury were moued the Popes his successours Vrbane the second and Paschal for they couered Germany and Italy with bloud and slaughter and thence proceeded the diuisions in States and Common-wealthes So that there were at Rome the Vrsius against the Colonna's at Florence the Medicis against the Strozzi at Genoa the Elisques against the Spinola's In a word the Guelfes for the Pope and the Gibelins for the Emperour Which diuision spread it selfe all ouer Christendome except in France which maintained it selfe in her liberty and in the obedience of her King As also did the wise and mighty Common-wealth of Venice which now of late hath expulsed the proclamers and procurers of this diuision and leuen of ciuill warres stirred vp or entertained and strengthned by the Popes in Christendome euer since these fiue hundreth yeares O that I feare there is the like designes at this present in hand in the Court of Rome But Christians haue patience Heb. 10.37 Yet a very little while and he that shall come will come and will not tarry The Lambe shall ouercome There was then in those times for the space of 33. yeares together a horrible slaughter procured by the popes Innocent the third Honorius Celestine Innocent the fourth and Gregory the ninth against the Emperour Fredericke the second During which Mahomet the open enemie of the Church aduanced himselfe in the East Whom the Emperour going about to repulse the pope tooke occasion to make warre against him in Italy to seize vpon Naples other places of Fredericke who was constrained to returne speedily and to leaue Greece as a prey to the Turke and yet the Pope could not bee appeased without giuing him eleuen thousand markes of Gold With like zeale were moued pope Innocent and others his successours who kept prisoner Zemin Ottoman brother of Baiazet the second for which hee receiued yearely forty thousand Ducats And when King Charles the eighth would haue made vse of the prisoner for to make warre against the enemy of Christians pope Alexander the sixt aduertised the Turke thereof and caused Zemin Ottoman to bee poysoned for which hee had two hundred thousand crownes in recompence which were deliuered him by George of Antia the bearer of the aduise Hereby wee may plainely discerne of what spirit these men are and that we must not beleeue all things that comes from the Popes neither imitate their workes although their flatterers say that Popes haue all sorts of lawes within the casket of their owne breast Platina which is a sentence inuented by one of the most ignorant Popes that euer was namely Paul the second who had bene a Merchants Factor and was so great an enemy of learning and learned men that he declared all them to be Heretickes that should pronounce this word Vniuersity or Academy Is it not for this occasion that the Iesuites hate so much the Vniuersity of Paris Io. Auent li. 3. Annal. With like reason Pope Zacharie caused a certaine Germaine Mathematician named Virgil to bee cited to Rome because he iudged him an Hereticke in that he taught that there were Antipodes that is people that inhabited the earth vnderneath our Hemisphere Wee must not then hold the ordinances of Popes as if they were Articles of faith for so should the Creed be much defectuous and yet the Pope would haue all his decrees bee esteemed Articles of faith Can. nulla gl v. dist 19. and
before Rome the walles of the Citty fell downe Then hauing entred the Citty and brought forth his Cannon out of Saint Markes for to plant it against the Castell the breach was made without shooting against it but for all that Sananorola was not beleeued because saith the Historie part of the Coūcel were corrupted with money for that the Cardinall of Saint Malo gouerned the Kings treasurie These delaies called to the Crowne King Lewis the twelfth who sent the Cardinall of Amboyse to Trent to the Emperour Maximilian and to Ferdinand King of Arragon to consult about the reformation of the Church not in the members onely but also in the head Which caused Pope Iulius who had a contrary intention to solicite the King of England to diuert Ferdinand from this purpose by giuing him the inuestiture of the Kingdome of Naples and besides to allie himselfe with the Switzers by meanes of a thousand Florins giuen to each Canton The King notwithstanding lost not courage but assembled the Prelates of his owne Kingdome in the Citty of Tours about an hundred yeares agoe in September last See Du Till in the end of his Chronicle and in the same were giuen Catholicke dicisions against the Pope which stands for Law against such as would at this day perswade Frenchmen that they must not succour their confederates nor make warre otherwise then it pleaseth Rome The King did more with the Emperor for he published a Councel at Pisa which the Pope that hee might auert the same assigned at Saint Iohns of Latran In those times was inuaded the Kingdome of Nauarre by Ferdinand of Arragon against King Iohn de Albret whom the Pope had excommunicated in hatred of the succours hee gaue to the King And at that time Ignatius Loyola a Spaniard being hurt and maimed within Pampelune which the King besieged deuised to erect a society of Iesuites that should vphold from thence-forth both the vsurpations of his Maister and the title vpon which they are grounded to wit the power of the Pope which they extoll aboue the goods life and honour of Kings and for this effect they haue a vow which no other religious men take It is a blind vow which maketh them moue subiects against their Princes Now the Popes continuing their proceedings in the raigne of Francis the Great the King had for enemies the Emperour the King of England the Duke of Milan and others notwithstanding hee letted not to say boldly That if hee were constrained to goe into Italy to get his absolution hee would go so well accompanied that they should send to meete him Since the Popes making vse of religion for to trouble the States of Christendome to hinder from any more speaking of reforming the Head as the Emperour Maximilian King Lewis the twelfth had determined to doe France being very much weakened Pope Sixtus the fifth made a league excommunicated the deceased king then King of Nauarre and my Lord the Prince of Conde who the sixt of Nouember 1585. fixed vp their oppositions with an appeale as in case of abuse and gaue the lie to Sixtus the fifth calling himselfe Pope in that hee termed the King and the Prince Heretickes Which proceedings Gregory the foureteenth continued against King Henry the third and all his seruants whom hee excommunicated by his Nuncio Landriano sent into the Capitall Citty of the Kingdome Here was the time that Frenchmen should haue feared if this scar-crow had bene to bee feared by the seruants of their King The capitall Citties were reuolted such as remained still vnder the name of the King were in many places retained in their duty by force there were few souldiers and no money But an excellent counsell a graue Senate of faithfull seruants to the King The sentences of Tours and of Chaalōs one expers terroris Achilles it is therefore said by sentence of Court that this Bull shall be burnt in the publicke place by the hands of the common executioner decreed against Landriano Nuncio Inhibitions are made that no man shall cary money to Rome or prouide any for the dispatch of Benefices Gregory the foureteenth entituling himselfe Pope declared enemy of the peace of the Catholike vnion of the King and of the State and adherent to the conspiracy of Spaine the fautor of rebels guilty of the most destable parricide committed in the person of King Henry the third Since that King Henry the Great hauing maintained with his authority the liberty of the Gallican Church the fautors of the Popes power contrary to the ordinance of God ceased not till they had murthered him as they had before done his predecessor And immediately after haue published their manifestation touching the pretended Temporall power of the Pope vnder the name of Cardinall Bellarmine Iesuite Which Treatise the Court of Parliament at Paris hauing seene gaue their solemne sentence the most Soueraigne Courts of the great or gilt chamber of the Tournelle and of the Chamber of the Edict or mixt Court being assembled which containeth these words The Court doth prohibite and forbid all persons of what quality or condition soeuer they bee Sentence of Parliament of Paris on the 26. of Nouember 1610. vpon paine of being held guilty of high Treason that they shall not receiue keep communicate Imprint cause to bee Imprinted or expose to sale the said booke containing a false and detestable Proposition tending to the euersion of Soueraigne powers ordained and established of God to the raising of the subiects against their Princes withdrawing of their obedience inducing to attempt against their persons and States and to trouble the rest and quiet of the Common wealth Enioyneth c. Behold how and by what meanes the State-royall hath bene maintained against the proceedings of Popes But if there bee at this day any that would bring into France new matters more pleasing to the aduersaries that is to say to the Iesuites those new counsellours are bound to produce like proofes for their opinions as wee haue done for ours taken out of Historie But it shall be to purpose in a matter of such importance that they present themselues in publicke the halter about their neckes after the manner as in old time the new Law-giuers did that they may presently be cut short in case they perswade not their auditors This course wil assure the Kingdome and deliuer your Maiesty from many importunities CHAP. VII What is the power of Ecclesiasticall persons And that the Pope is not grounded in the pretentions of Cardinall Bellarmine neither on Diuine nor humane law or right AS they that incroach vpon the rights of Kings imitate that Emperour who said if the Law bee to bee broken it must be done for a Kingdome so we haue obserued that another head of the same Common-wealth lead an army into Affrica for to with-draw the enemy out of Italy According to which stratageme wee will passe ouer the Alpes descend vpon the place and examine the power
40. can nemo causa 9. q. 3. Gal. 2. Act. 11. assembled together or separately who dare not say to him why doest thou whatsoeuer seemeth him good Against the practise of S. Peter who receiued the reproofe of S. Paul rendred a reasoÌ„ to the Church of Ierusalem for that he had Preached the Gospell to the Gentiles Wherefore Gregory the Great Bishop of Rome in the yeare of our Lord sixe hundred and foure compared such a (b) Greg. li. 4. Epist 82. ad Iohan. â—eâ—unatore Pa riarch Constantinopolit Idem lib. 6. c. 194. registro ad Mauritiâ— man to Lucifer who said in the 14 of Esay that hee would mount aboue the starres For saith he what else are the Bishops of the Vniuersall Church thy brethren but starres of heauen before whom thou wouldest preferre thy selfe by a high name to wit Bishop of Biâ—hop what other thing sayest thou but that which Lucifer said I will ascend vp to heauen and will exalt my throne aboue the starres of heauen For this great Gregory knew that which Saint Peter from the Lord IESVS had commanded in his Catholike Epistle 1. Pet. 5. Bee yee subiect one to the other and enioineth Pastors to feed their flocks not as hauing domination ouer the Churches 1. Cor. 14.12 and Saint Paul declareth that the Spirits of the Prophets are subiect to the Spirit of the Prophets But these Doctors of nouelty puffe vp the pride of a man and hurt charity saying Can. si Papa dist 40. Let no man presume to reproue him though hee leâ—de infinite companies of soules with him for to suffer eternâ—ll paines with the first slâ—â—e of hell These are the very wordes of the Cannon Because saith Bellarmine Bel. de Pont. l. 4. c. 2. God permitteth not that the Pope should define any thing without reason insomuch that they hold that if the Emp rour the Kings Can. Nemo iudicabit Can. 9. q. 3. the Clergy al the people were together they should not haue the power to iudge such a man 2 The second degree is to set himselfe aboue the CouÌ„cel aboue the clergy in body for seeing God promiseth to be present in the midst of them which are assembled in his name Mat 18.20 Moscon de maiestat milit Eccl. l. 1. c. 1. p. 27 Ioh. Selua li. de Beneficijs part 4. pag. 8. in 28. tract tomo 15. part 1. fol. Iacobatius de Concil lib. 1. art 1. num 36. That man which setteth himselfe aboue this company whereof the holy Ghost is president and moderator exalteth himselfe aboue that which is called God So Mosconius holdeth that the popes opinion must rather bee stucke vnto then to the opinion of all the rest of the world besides contrary thereto And that one may appeale from the Councell to the pope but not from the decree of the pope to the decision of the Councell this is said by Iohannes Selua a Spaniard Baron in paraenet 3 Angels are said to bee of God and his messengers of these same writeth Cardinall Baronius against the Venetians Know yee not that wee shall iudge the Angels Abusing the place which speaketh of all the faithful and not of Church-men onely which faithfull as assistants of the Iudge IESVS shall sit at his right hand in the day of iudgement shall assist at the condemnation which our Sauiour shall pronounce against the wicked and against the euill Angels saying Go yee cursed into euerlasting fire prepared for the Diuell and his Angels 4 The Apostles are also said to bee of God hee which receiueth you receiueth mee Neuerthelesse they exalt this power aboue the Apostles saying that according (a) Cap. pro pasuit 4. li. 3. decreta tit 8. de coÌ„cession praeb gl verbo dispensare c. to the fulnesse of power of right he may dispense aboue the Law yea that hee may dispense (b) Gl. verbo fiat Can. lector 34. dist against the Apostle Item against the Canons of the Apostles (c) Can. Presbyter dist 82. Although saith that Canon according to them same a Priest that is a fornicator ought to bee deposed neuerthelesse not without the authoritie of Syluester Neither can that euasion serue their turne which say that the pope (d) Vide gl cap. authoritatem cau 15. q. 6. dispenseth of the Gospell in interpreting it For first of all who euer heard dispensation called an interpretation of the Text Secondly if it be by way of interpretation why is it rather deferred to the pope then to Sorbonists of Paris who haue better skill then hee But I deny that such interpretation as he giueth by dispensation is lawfull neither yet for the whole Church in body seeing it is God alone that commandeth and the Churches part is to obey to heare the voyce of the Bridegroome and to learne of him in silence and this the Iuris-consults can tell It pertaineth vnto him alone to enterpret the Law which hath the * L. 12. Si Impeâ—tis c. de legibus Si enim in praesenti leges condere soli Imperatori concessum est leges interpretari solodignum Imperio esse oportet Nehem. 8. right to make it The reason is because he that enterpreteth it maketh himselfe aboue the Law for after hee hath giuen his opinion hee will bee followed rather then the Letter which shal no more be enquired after Wherefore Nehemias made the people vnderstand the Scripture not after his owne fantasie but by reading the same that is to say by the Scripture it selfe 5 The Law likewise is of God being written with his owne finger and forbidden to adde to or diminish it as touching the substance and matter neuerthelesse the second commandement is cut off in many Masse-bookes and Popish Psalters Synod Ausburg anno 1548. and that by the decree which the Pope caused to be made in the Synode of Ausburg quite racing out this commandement Thou shalt make thee no grauen image neither any similitude of things that are in heauen aboue c. 6 The Gospell likewise is of God For it is the power of God vnto saluation to euery one that beleeueth Rom. 1.16 Neuerthelesse these seducers hold that against (a) Can. Ideo permittente can 25. q. 1. v. glos capitis proposuit de concess praeb tit 8. lib. 3. decret in verbo dispensare the generall Law the Pope may giue priuiledges They also esteeme it a greater crime and they punish him more seuerely that transgresseth the Popes decree in eating flesh without dispensation in time of Lent then if hee were a theife murtherer and adulterer altogether Wherfore these wordes are inserted in the Canon (b) Cap. Honoratus 74. dist not making account of the commandements of God but euen despising our letters And that becausé they make so great estimation of the Canons and doctrines of the Pope that such as dare voluntarily transgresse the same Can. violatores
mā of sinne the things that pertaine personally and soly to our Lord IESVS CHRIST excluding all others for behold how a Bishop of the Councell of Lateran speaketh directing his speach to the Church and comforting it and promising deliuerance from Pope Leo the tenth Oratio per Simonem Begnium Episcopum Modrusien in sess 6. Lateran Concilij Weepe not daughter Syon for heere commeth the Lyon of the Tribe of Iuda the roote of Dauid God hath raised thee vp a Sauiour who shall saue thee from the hands of them that wast thee and shall deliuer the people of God from the hand of persecutors O Lyon most holy wee haue expected thee for Sauiour we haue hoped that thou shouldest come to deliuer vs wee sigh after thee for the calamities and things that haue bene ill done wee cry vnto thee that thou maist finish our miseries reioycing in the hope of future victory and abusing the wordes of the Psalme which speaketh to God Psal 34. Fight for vs against our aduersaries take the sword and the buckler rise vp to helpe vs iudge our persecutors and deliuer the Tabernacle of thy Spouse which the hands of the wicked haue polluted Gl. can Non nos beatū dist 40. Thus high exalted they say that this man sinneth not not that he hath licence giuen him to sin but because such infirmity of sinne is taken away from him and that Saint Peter hath transported ouer vnto him his innocency and his merites Gl. verbo quis enim d. can nou nos dist 40. that it is a great sacriledge to dispute of his power and that the crimes hee committeth are excused as the theft of the Hebrewes the man-slaughter of Sampson and the adulterie of Iacob c. thence it commeth that they call his decrees Per tuas tit 32. extrac de maioritate obedientia Oracles and Diuine answeres his decrees are numbred among the holy and Canonicall Scriptures Which new proposition is wholly contrary to the ancient disposition of the Canons In Canonicis dist 19. taken out of Saint Augustine which saith Can. qui nefriat duobus seque dist 9. c. Ego solis dist 10. that we must distinguish of the authority of the Canons that is to say of the old new Testament from the writings of men how holy or learned soeuer they be which may be corrected by one more skifull or by the Councell but the holy Scripture cannot And yet the Pope challengeth like authority to his letters as to the Canonicall Scripture With like boldnesse proceedeth that which is said in the Canon that the Sheepe ought not presume to reproue the Pastor Can. Oues cau 6. q. 1. nor the people accuse their Bishop Notwithstanding Saint Paul admitteth the witnesse of two or three of the flocke Can. sors nō est cau 26. q. 2. By these decreees the writings of Popes are iudged more perfect then the Law of God or then the Gospell Wherefore against the saying of our Sauiour My yoake is easy Math. 11. and my burden light these men say that the Popes yoake must (a) Can. In memoriam distinc 19. be borne though it be heauy And forasmuch as the succession of Saint Peter seemeth burdensome to the Pope his flatterers attribute to him the Vicar-ship of the sonne of God excluding all other Bishops and Patriarches Cap. quanto li. 1. decretal tit 7. de translatione Episcopi vide gl v. veri dei cap. vnico de iureiur gl v. vicarium in Clement saying That hee executeth not on earth the function of a meere man but of a true God They say further that the Pope is able to change the nature of things that hee hath his authority heauenly that of nothing hee maketh something that his will sufficeth for all reason that none may bee so bold as to say vnto him why dost thou so that hee can dispense aboue the Law that of iniustice he can make iustice that he hath fulnesse of power And for his abhominations are quoted the texts of the Canon-Law And else-where it is said That euery creature is subiect to him Can. omnes dist 22. cap. vnico Ne sede vacante in extra c. 1. de constit c. 2. de translat c. fundahmenta 17. de Elect. in 6. Clem. dudū gl in verbo vndecunque de iudicjs in Clem. c. 1. that he hath the rights of Empire heauenly and earthly beeing Gods Vicar to whom the fulnesse of heauen and earth appertaineth From this ambition proceedeth that which is of the interpretation of the word Pope as who should say (b) Gl. verbo Papa in proemio Clement Papae by admiration so they say hee is wonderfull which is the name that the Prophet Esay giueth to IESVS alone (c) Esay 9. His name shall bee wonderfull and hee also calleth himselfe the wonder and astonishment of the world In consequence of which imaginary All-mightinesse hee shutteth heauen openeth hell deposeth Kings and Princes as it pleaseth him So he falsely boasteth of hauing dispossessed King Childericke the third the Predecessour of Pepin Not (d) Can. Alius 15. q. 6. gl v. iudicio can duo dist 99. so much for his sinnes as because saith hee hee was vnprofitable for such a gouernement As falsely doe they say that hee translated the Empire of the (e) L. gl v. diuinitus c. semper dist 69. alibi Can. venerabile extra de Elect. East into the West that he can dispense souldiers and subiects of the oath of fidelity due to (f) Can. nos sanctorum Can. iuratos milites c. 15. q. 6. their Soueraignes To bee short hee weareth a triple Crowne to represent the Trinity (g) Can. satis 69. dist Can. cuncta per mundu Can si Papa dist 20. Can. Nemo iudicabit Can. 9. q. 3. Sect. 4. de ceremon c. 6. lib. 1. tit 7. for he calleth himselfe God and to shew that it is not in the sence that other men are called Gods this is added That he cannot bee bound nor loosed by secular power nor of all the Clergy together because being God he cannot be iudged of men To testifie this all-mightinesse hee blesseth a sword on Christmasse night which hee giueth to some Prince his fauourite But he neuer sendeth them the Law or Gospell of God it is to bee thought considering the exploits of armes haue bene done in Bohemia and in the country of Vaux that the blessed swordes of the two last midnights haue bene distributed to the Generals of those sacred warres And as our Sauiour called God his Father Ioh. 17. Mat. 19.16 Holy Father so these men giue the superlatiue to the Pope Most holy Father Yea in abstracto Your Holinesse Diuine Maiesty Our Lord Vice-God And what would our Sauiour say to this who said when hee was in the world Why calst thou me good there is none good but God Whereby he would teach the man
earth Bulla Iulij 3. sess Latran Non Decembris 1512. giueth Law to Temporall powers in Temporall things for there is read a Bull in this same Councell whereby Iulius the second forbiddeth faires to bee kept at Lyons and will haue them bee kept in another Citty ad Gebenensem ciuitatem To conclude hee setteth himselfe aboue the Church which he prostrateth disheuelled at his feete and calleth his seate Babylon of which speaketh Saint Peter in his first Catholicke Epistle 1. Pet. 5. And to the end that in the mouth of two witnesses this truth may bee confirmed I will bring forth yet another Parasite that was Generall of the order of Preachers 2. Sess in Orationem Caietani and had for recompence of his blasphemies a Cardinals hat his wordes may bee thus enterpreted speaking of the Church It shall obtaine if you will and command it if you imitate the power perfection and wisedome of God Almighty whose place on earth you ought to hold not onely in honour of dignity but in affection of will Gird your swords for you haue two one which is vnto you common with other Princes of this world the other which belongeth in such sort vnto you that none can haue it but from you c. Set forwards set forwards happily destroy the nations that desire warre seeing you raigne Priest and King c. And speaking of the mercy of the Pope the same will make you most excellent aboue all the Kings of the earth ergo the Popes mercy is diuine it will make you worthy to be worshipped gracious a friend and most-like vnto God And because we suppose many of quality will come to this Synode by the mercy of God and yours c. Magne regnator Deúm tam lentus audis scelera Senec. Tam lentus vides ec quando saeua fulmen emittes manu CHAP. IX That the Pope exalting himselfe aboue Kings in the manner as Cardinall Bellarmine will haue it exalteth himselfe also aboue all that is called God in Temporall things THE Teachers of nouelties submitting peace and war obedience rebelliō of subiects to the wils of Popes remember not what was in the beginning and that which we haue aboue proued For when the Magistrate hath bene a beleeuer hee hath euer bene aboue the Church to reforme it both in head mēbers being the Guardian to whose trust is committed the Law of God whereof hee is to haue a Copie which is cleere in points necessary to saluation and if there be obscurity in any place it is cleered by the reading of the same Neh. 8. according as Nehemiah practised and of this forme of enterpreting we need none other witnesse then Pope Clemēt who saith that we must not take a sense out of the Scriptures Clem. epist 5. ad discipulos Can. relatum dist 37. c. but must take the sense of truth from the Scriptures and he yeeldeth the reason of it because all men may take from them a full and firme rule of truth And if some Christian Emperours would not take knowledge of Ecclesiasticall causes it followeth not but that they had the authority and right to do it Deut. 17. For not onely the Priests and Leuites which did their duty tooke knowledge of thē but also the Iudge established by the Soueraigne Magistrate So when Ruben and Gad Iosh 22. with the halfe Tribe of Manasses had builded an Altar neere Iordan it is said that all Israell gathered together in Sylo to examine the matter sent ten of the principall of euery tribe vnto thē So Gedeō being established Iudge destroyed the Altar of Baal c. Cyrus Esd 1.16 Neh. 1. Darius Artaxerxes ordaine that the Temple shal be builded againe Esdras Nehemias take cōmission from thē In like maner vnder the Gospel Constantine Valentinian Theodosius assemble Councels We will say they bee present in the Councell after the example of Constantine not to make shew of our power but to confirme the faith c. and it is chiefely said that they which were of the Senate made decrees Cyrill Also Saint Cyrill reporteth that the Councell of Ephesus sent to Theodosius and Valentinian for to render them a reason of what was passed touching the condemnation of Nestorius And the Councels of Aix and of Arles Art 3. In praef Conc. Cub wrote to Charlemaigne praying him to confirme their decrees yea they did beseech him by his wisedome Ca. 45. nō in f. praef mag Can. vtinā 96. distinct Also Pope Nicholas writing to the Emperour Michael acknowledgeth that when there was debating concerning the Articles of faith Emperours were wont to be present in Ecclesiasticall Assemblies According to this power of Emperours vnder the Law of Moses the Church hath bene reformed not in the members onely but also in the head Salomon deposed Abiathar and Moses reproued Aaron and Eleazer Constantius also the sonne of Constantine the great deposed Liberius though without cause The Emperour Otho deposed Pope Iohn the twelfth Plat. in vita Greg. 6. Abbas Vesp an 1406. Sigismond deposed three together at one time and Henry the third as many namely Bennet the ninth Siluester the third and Gregory the sixt The French Kings haue also deposed and created many specially Boniface the eight was displaced by Phillip the Faire who translated the seat to Auignon where it continued 74. yeares and there were resident in that place sixe Popes one succeeding the other by the appointment of the King And this right of deposing Popes is treated of by a certaine Chancellour of the Vniuersitie of Paris Gerson one of the most learned Sorbonists of those times in his booke de Auferibilitate Papae That is farre from being absolute Lords in Spirituall and Temporall things For if euen in Spirituall things lawfull Councels haue required the approbation and authorization of Emperours it followeth that the authority and Soueraignety is wholly theirs velitis iubeatis as in the people of Rome so farre is it off that the Pope or his Colledge can determine any thing soueraignely Also the Kings of France and the Gallicane Church haue preserued to themselues appeales as in case of abuse from such decrees yea so often as Rome abuseth her pretended iurisdiction the Lord Chancellour giueth (a) Can. filijs 17. q. 7. can boni principes 96. dist can Tributum 22. q. 8. letters in case of abuse Now wee must know that wee call notorious abuse (b) L. ob qua §. Idem l. 1. §. sciendum de Aedil edicto when the act that is made is voide when it is against the nature of the act or else made by a man that hath no power (c) Inn. Pan. dd Can. Cum olim de causa possessionis to do it so as that not onely by the authority of the Prince but of priuate (d) L. prohibitum l. defensionis doct de iu. fi li. 10. c.
si quando de rescrip authority it is permitted to resist the same Whence commeth it that if the Pope or his Legats would legitimate a bastard in the Kingdome of France to the end hee might succeed it is another thing when it is to make the marriage (e) Cap. Tuam de ordin cognit of validitie whence he is issued or in some fashion trouble the royall iustice the obtainer of such legitimation c. (f) Guil. Bened 2. part c. Rainutius vers si absq libertis 2. c. in materia nu 47. Phil. Decius Cons 307. Coll. 2. shall bee amerced the abuse reiected by the Kings Officers So by sentence of the Parliament of Tholouse anno 1400. was pronounced that it had bene ill and abusiuely proceeded by the Popes delegates who had absolued Maister Giles de Bellemere Archidiaconus Micapicen without calling the party the Kings Attorney Now William Benedict saith there are three generall cases in France in which notorious abuse may be commited namely when the Pope and Ecclesiasticall persons attempt against the decrees of the anicient Councels against the Kings statutes or against the liberties of the Gallicane Church Seeing then there is appeale from the Pope who is it can endure him to be a Soueraigne no not in spirituall things Note this for it is the argument wherewith Seneca concludeth that the first Kings of the Romans were not Soueraignes Cic. 2. de repub because there was appeale made from them to the people Thus Horace the murderer of his sister was absolued who had bene condemned by King Tullus Hostilius Therefore this pretended Soueraignety Spirituall and Temporall resteth vaine according to the opinion of Saint Gregory and Saint Bernard the practise of the Gallicane Church For to feede the sheepe is meant after another manner Mat. 18.18 and that deliuering of keyes is not excluding the other Apostles seeing that the same promise was made to all otherwise they could not haue executed their charge and besides Peter could not receiue them but in the name of all Ioh. 20.22 according to the opinion of Saint Augustine written into the Canons Which is conformable to the disposition of the ciuill Law Can. quodcunque 24. q. 1. which saith that the deliuery of a key and of a ring by a father to his eldest daughter bringeth to her no priuiledge aboue her fellow heires but is taken as done in common as well for the rest L. cum pater 79. Sect. pater pluribus delegat 2. which decision is obseruable in the Ciuill Law as likewise that which is written in the Law tenth C. de Incendio which speaketh of certaine fishers of men like vnto him that Cardinall Bellarmine figureth forth against whom are these words Let not Fishermen deceiue Mariners in causing a light to be seene in the night in dangerous places as if it were a safe hauen to the end they might aduantage thēselues by the ship-wracke There is therefore no ground for this power in the Law of God nor in the Law of man for as no Prince giueth any priuiledge against himselfe so neuer any King nor Emperour resigned such a right to the Pope which cannot be alienated It remaineth to speake of the Canon Law De Elect. lib. 1. tit 3. Clem. Ne Romani which cannot derogate from the Law of God as saith the Clementine that the Law of the Superiour cannot bee abrogated by the inferiour Neither can it also derogate from the Law of Kings because it is a writing framed for aduantage of them that wrote it Conc. Agathens sub Alaciaco rege anno 506. can 32. Clericū can 11. q. 1. can 3. ibidem l. in fraudem §. quoties de iure fisci without hearing or calling the party interessed and held for priuate in this consideration are obserued therein many falsifications specially one notable one vpon this subiect for in steed of saying Clericus nullum praesumat as the Councell hath it it is written nullus Clericum changing the prohibition made to the Clergy to prescribe it to the Laity Now hee that produceth false proofes is to loose his cause though otherwise it were a good one Lastly this Canon Law I meane that from which are taken the maximes of the Iesuites vpon this subiect is new and but of late for the ancientest part of it which is the Decree was cōpiled by Gratian in the yeare 1093. the Decretals in the yeare 1211. The Sextus by Boniface the eighth in the yeare 1298. and the Clementines in the yeare 1310. Wherefore iudging well the authors of this new power are not grounded on diuine nor humane Law seeing our Sauiour himselfe witnesseth the Sonne of man came not to be serued Math. 20. but to serue and to giue his life a ransome for many neither on the example of the Apostles 1. Cor. 4.1 whose charge consisted in administration not in cōmanding and who said 1. Pet. 2. Psal 2. 72. Let men esteeme of vs as the Ministers of CHRIST and disposers of the secrets of God These men haue set themselues in place of the Maister are (a) V. gl in verbo non consonam Clem. Ne Romani sponsus vester rector est Christus caput Ecclesiae quae est ipsius corpus Hebr. 7. c. stiled Princes of Bishops and King of Kings Though the true King of Kings be risen againe and liueth for euer hauing no heire nor successour in his offices being eternally both King and Priest and Prophet of the Catholicke Church after the order of Melchizedec The flatterers neuerthelesse will substitute a mortall and sinnefull man in his steed and ascribe vnto him power in heauen and in earth and make him Lord of two swords and Soueraigne of all demeans so that he may confiscate or giue them away whence a blasphemous parasite saith (b) Cap. vnam sanctam extra communiā de maioritate Petr. Bertrandus in gl illius exarauag Our Lord should haue bene vndiscreete if hee had not left a man after him hauing the like power as he had as if such a head could bee seperate from his body and this Bridegroome CHRIST being a iealous God could endure any corriuall or as though such a supposition were not directly contrary to the wordes of our Sauiour Ioh. 16. v. 7. 14. v. 16. 15. v. 26. saying Verily I say vnto you it is expedient for you that I goe my way for if I goe not away the Comforter will not come vnto you For he knew that his presence and the exhortation of his carnall mouth so often reiterated hindred them not from sleeping in the garden or from denying him thrice at the words of a silly maide-seruant But hee knew that his holy Spirit the Moderator of the Church working inwardly and accompanying them after his Ascension would make them confesse the Sauiour in the middest of the most cruell torments Against which