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A17976 Iurisdiction regall, episcopall, papall Wherein is declared how the Pope hath intruded vpon the iurisdiction of temporall princes, and of the Church. The intrusion is discouered, and the peculiar and distinct iurisdiction to each properly belonging, recouered. Written by George Carleton. Carleton, George, 1559-1628. 1610 (1610) STC 4637; ESTC S107555 241,651 329

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quarrell I purpose to handle and discusse in the next Chapter in his proper place Theodoricus de Niem writing of this councell and of the end and purpose of those that held it saith that this Synod was gathered purposely to search out the auncient vses lawes and customes of the Empire and Church that each power knowing their owne limits the one might not encroach vpon the other Celebrata est saith he ab 153. viris religiosis Episcopis Abbatibus c. ab vniuersis regionibus et oramibus almae vrbis à cuncto eti●…m Clero huius sanctae Rom. Ecclesiae ex quirentibus vsus leges mores eiusdem Ecclesiae et imperij That is It was celebrated by one hundred and fifty three religious men Bishops Abbots c. by all the regions and degrees of the City of Rome by all the Clergy of this holy Church of Rome making search and inquisition for the vses lawes and customes both of this Church and of the Empire Then we see that Charles recouered some part of the auncient Iurisdiction of the Empire Which notwithstanding since his time the Popes by inuincible contentions wrested from the Emperours chalenging it to be a part of their owne Iurisdiction and charging the Emperours with Heresie and Schisme for practising that right which other Popes before them acknowledged to bee the auncient right of the Empire 14 And because to the Iurisdiction of Princes it belonged of olde both to call councels and to confirme them therefore Charles did not omit this part of Iurisdiction though as the euent declared it was much against the Popes pleasure He called a Synod at Frankford wherein was condemned the doctrine of worshipping of images which doctrine the Pope had late before confirmed The occasion hereof grew thus Leo Isaurus Emperour being much offended that the Saracines had that great and iust exception against Christians that they worshipped images called a Synod at Constantinople wherein the worship of images was condemned and the images burned He sent also to the Bishop of Rome as then Gregory the second commaunding him to doe the like if he would haue his fauour saith Paulus Diaconus Gregory the second tooke this in su●…h indignation that he rebelled against the Emperour and raised all Italy into a rebellion by which meanes the Emperour lost all that then was left in Italy Gregory the second in the middes of these stirres died and Gregory the third succeeded who prosecuting the purpose of his predecessour called a Synod at Rome in the yeare seuen hundred thirty three by Sigebert seuen hundred thirty nine by Palmerius In this Synod the doctrine of worshipping images was confirmed Leo the Emperor was excommunicated and depriued Thus began the Pope to practise a new Iurisdiction in deposing Emperours After this Constantine sirnamed or rather nick-named Copronimus in the yeare of Christ saith Sigebert seuen hundred fifty fiue called a Synod at Cōstantinople wherein the worship of images was againe condemned But another Synod was held at Rome by Pope Stephen the third in the yeare of Christ seuen hundred threescore and eight wherein the worshipping of images was againe approued Which was more famously confirmed in the yeare of Christ seuen hundred foure score and eight by another Constanstine and his mother Irene who called the second Nycen Synod wherein Imagerie preuailed much by the helpe of Pope Hadrian 15. Vpon these stirres Charles the great was moued to call a Synod at Franckford Thither sent Pope Hadrian the acts of the second Nicen Synod to be approued there and to direct this Synod at Frankford if they would take any direction from the Pope But the Fathers of this Synode not regarding the Popes direction tooke a meane course betweene the Greekes who destroyed and defaced images and the Church of Rome which maintained the worship thereof For they decreed that it was not impious to set vp images but to giue any worship to them this they held to be vtterly against Christian faith and to be a thing receiued from the superstition of the Gentiles This Synod was called and confirmed by Charles the great Then belike the Pope had not gotten all Iurisdiction ouer Kings which now he claimeth For the Emperour called Synods not the Pope Neither as then had hee gotten Iurisdiction ouer all Bishops because we see many Bishops were found in Germany France Aquitany and England for all these Nations Charles nameth in his letter to Elepandus Metropolitane of Tolet as fauouring and maintaining the trueth against the worship of images which resisted the Pope in this matter so that his great and soueraigne Iurisdiction was not then established 16. About this time that most worthy most religious and learned King Alfred raigned in England Aser Meneuensis writing his life entituleth him Omnium Britanniae insulae Christianorum rectorem Which title doth not much differ from that which is now in part giuen to the King supreame Gouernour of all persons Ecclesiasticall For whereas at this day the discipline of the Court of Rome exempteth Clerkes from the Kings Courts and consequently from the Kings gouernment it appeareth that in King Alfreds time this thing was vtterly vnknowne to the world therefore this King is called and acknowledged to bee the Gouernour of all Christians within his dominions Now because Bishops and Clerks were Christians he was hereby questionlesse vnderstood the gouernour of Clerkes aswell as of others As then all forraine gouernement and Iurisdiction was excluded by that title so nowe there is no other thing sought but in like sort to exclude all forraine power and Iurisdiction whether the Popes or any other At this time whe n King Alsred liued and raigned the sense iudgement and vnderstanding of the world was no other but that Kings were supreme gouernours of all persons and caufes Ecclesiasticall and Temporall within their owne Dominions Ivnderstand gouernment here as throughout this question I haue often admonished gouernment or power coactiue for this exemption of criminous Clarkes from their Kings Courts was a thing vnknowen in the world in those dayes And therfore whereas it is commonly taken by our aduersaries who vse to begge such principles as they cannot prooue that the religion sense and iudgement of the world ranne wholly for the Iurisdiction which now is practised in the Court of Rome this wee vtterly denie For we are able to shew when the sense iudgement and religion of the Church was against them in euery part of their pretended Iurisdiction For first whereas the Pope claimeth Iurisdiction ouer Bishops this is one part of his Iurisdiction and is now the sense and iudgement of the Court of Rome but in the times of the sixt and seuenth Carthaginian Councels of the Affrican and Mileuitan Synodes at this time I say and alwayes before the religion sense and iudgement of the whole world ran contrary If any obiect that these were not generall Councels but prouinciall I
it must be before his Bishoppe if he will accuse the Bishoppe it must be in a prouinciall Synode if he will draw a Metropolitane to answer for some things which he hath done it must be either before the Primate or before the Bishoppe of Constantinople All this we graunt to be orderly established the things intended are matters of Ecclesiasticall Cognisance which are to bee heard in such Courts but our question is of Clerks that are conuinced to be murtherers or Traytors c. Whether such are to bee exempt from triall at Common Law Of which exemptions these auncient Bishops neuer dreamed 76. It is moreouer to be noted that diuers of these places which he citeth as that from Sulpitius of S. Martin and from Ambrose c. are vnderstoode of another thing and not of exemption of Clarkes at all For the auncient Bishops as before I haue declared thought it not lawfull that matters of faith and doctrine should be determined in ciuill Courts by ciuill Magistrates This is true and this is that which those testimonies speake of but what is this to criminous Clarks that Robbers Traytors murtherers of the Clergy should be protected by reason of their Order from triall in Kings Courts this is a doctrine neuer knowne to the auncients It was first knowne in England in the dayes of Henry the second stirred seditiously by Thomas Becket Archbishop of Canterbury when as before that time it was neuer heard of in this land The manner heereof I will briefly recite out of Roger Houeden 77. In the yeare of Christ 1163. the contention concerning exemption of Clerkes grew famous betweene King Henry the second and Thomas Becket Archbishop Rex volebat saith Houeden Presbyteros Diaconos Subdiaconos alios Ecclesiae rectores si comprehensi fuissent in latrocinio vel murdra vel felonia vel iniqua combustione vel in his similibus ducere ad saecularia examina punire sic●…t laicum Contra quod Archiepiscopus dicebat quod si Clericus in sacris ordinibus constitutus vel quilibet alius rector Ecclesiae calumniatus fuerit de aliqua re per viros Ecclesiasticos in curia Ecclesiastica debet iudicari Et si conusctus fuerit ordines suos amittere sic al●…enatus ab officio beneficio Ecclesiastico si postea forisfecerit secundum voluntatem Regis baliuorum suorum iudicetur That is The King required that Priests Deacons Subdeacons and other Rectors of Churches if they were taken in murther robbery felony burning of houses or such like should be brought to secular Courts and there punished as Lay-men were Against this the Archbishop affirmed that if a Clerke being within holy Orders or any other Parson of a Church were accused of any thing he must be iudged by Ecclesiasticall Iudges in the Ecclesiasticall Court and if he were conuict he should loose his orders And so being excluded from office and benefice Ecclesiasticall if after this he incurred the like fault then might he be iudged at the pleasure of the King and his Officers Thus farre Houeden 78. This manner of degrading and afterward deliuering criminous Clarkes to the Secular power crept in about the time of the Conquest Bellarmine pretending greater antiquity for it can neither bring reason nor testimony for his opinion For whereas he saith Eusebius Bishop of Nicomedia was first deposed by the Nicen Councell and afterward banished by Constantine by this offering to proue that they must first be deliuered to the Secular power before the Magistrate may punish and reproueth Caluin for not considering thus much We answere Bellarmine sheweth his skill in shifting and hiding the truth to deceiue the simple For Caluin in that place which he citeth against this Romish immunitie proueth two things First that coactiue power is in the hand of the Prince and not of the Church Ecclesia cogendi non habet potestatem de ciuili coactione loquor saith he Secondly that criminous Clarkes had no immunities from the ciuill Courts of Princes Now that Bellarmine saith Eusebius was first deposed by the Councell and then banished is nothing against Caluin but for him For the Church did not inflict the coactiue punishment of banishment but the Emperour And Caluin proueth at large in the same place that Kings and Emperours haue no authority to iudge in causes of faith Producing the example of Ambrose who in such a cause resisted the Emperour Valentinian Such a cause was that of Eusebius the Emperour knew not whether he was in fault or not before the Church had iudged the cause But Caluines iudgement and our question standeth in two thinges against which Bellarmine doth not so much as speake one word First that coactiue power was not then in the Church but in the Emperour Secondly that criminous Clerkes were then punished by the Magistrate Eusebius is not there proposed as a criminous Clerke but as an example wherein the coactiue power of the Magistrate appeared But now they say if a Clerke bee proued to be a felon murderer traytor c. the Kings Courts may not censure this man before he be degraded Against these immunities wee speake for which Bellarmine offereth not any proofe Let the manner of Bellarmines answering bee considered for it is easie for him thus to answere Caluin and all Protestants when he toucheth not the point in question but singling out of some peece from the whole wresteth that also from the true intent that he may shape a mis-shapen answere to it Then we say that before those desperate times wherein Iohn Wiclife saith and often affirmeth that Satan was loosed no man claymed such a beastly priuiledge as to be exempt from the Kings Lawes for murder treason and such like Godlinesse reason and the light of Nature seemeth to be extinguished in these men that being contented to take the benefite of Lawes will not be contented to bee ordered by Lawes This hath forced some Princes and States to ordaine Lawes that such should be out of the Kings protection Thus did that noble Prince Edward the third King of England Wherein the King seemed to open the true way to his successors to deale with these men for seeing as then they did so now they doe denie themselues to be the Kings subiects and affirme that neither by Diuine nor humane right they are bound to obey the King with his coactiue Lawes and that they are onely vnder the subiection of the Pope that for no crimes they are to bee examined in the Kings Courts is it not great reason that the protection of the King and of his Lawes should bee denyed to them that reiect both 79. Houeden declareth also that in the yeare one thousand one hundred sixtie foure the King called a Synod and required the Bishops vpon their allegeance to receiue his Graundfathers Lawes to vse and obserue them Thomas Becket answered for him and the rest they would keepe all the Lawes
meeting that matters might be composed if it might be and troubles preuented The meeting was appointed at Diuion Thither came Frederick and Uictor Thither came Henry the second King of England and William King of Scotland But Alexander was so much afraid of this meeting that hee perswaded Philip the French King who had promised to meete the Emperour here to practise a trick which better beseemed a shifting Pope then an honourable Prince The deuise was that the French King should come to the place before the Emperor was come wash his hands in the Riuer that ran by the place and by the voice of a Criar should call the Emperour three times and as if this were the keeping of his promise afterward hee should depart When the Emperour and the Kings of England and Scotland were come to the place and heard what the French King had done they were much offended that the King should so Popishly disappoint his promise therefore they willed Victor to returne to Rome and went their waies 112. I passe by Fredericks iourney to the holy land his warres there how Pope Alexander sent his Image to the Souldian how being taken prisoner when he would haue dissimulated his estate he was knowne by his picture how after his returne he raised an Army and led the same into Italy against Alexander how against the Venetians who tooke part with Alexander he sent his sonne Otho how his sonne was taken prisoner which estate of his sonne gaue Alexander the aduantage and made the Emperour content to yeelde The conclusion was The Emperour must come into Saint Marke his Church in Venice and there humbly seeke absolution at the Popes handes Fredericke did so The Pope commanded him to aske pardon prostrate on the ground the Emperour suspecting no contumely did so The humble milde and mortified Vicar of Christ hauing the Emperor thus prostrate before him set his foote vpon the Emperours necke vsing those wordes Super Aspidem Basiliscum ambulabis conculcabis Leonem Draconem The Emperours answere was Non tibi sed Petro The Pope replied Et mihi Petro. These be examples of the Popes power in excommunicating Emperours from which examples they draw the claim of a right which they pretend to haue The Popish writers hope that men will be perswaded by the examples of the Popes power that this power was giuen to S. Peter and in him to all Popes because there appeareth such Christian moderation humility and mildenesse therein Though there be nothing in Scripture for them but all against them though the auncient fathers expresly denied the Popes to haue Iurisdiction ouer other Bishpopes yet they doubt not but they shall finde some that will rest perswaded that Christ left this fulnesse of power to the Popes which conteineth Soueraigne Iurisdiction not onely ouer all Bishoppes but ouer all temporall Princes also Henry the sixt and Philip. 113. HEnry the sixt Emperour succeeded Frederic This Henry left a young sonne Frederic an Infant yet elect to be Emperour and committed his education and weldoing to the trust of Pope Innocens the third leauing the Empire to his brother Philip vntill the childe should growe to age Pope Innocent this trustie tutor purposing the destruction both of Philip and young Fredericke set vp another Emperour which procured great vexation and trouble to them and to all Germany And first he quarrelled Philip that he stood vnder an old excommunication of Celestinus but afterward making semblance of fauour and reconciliation with him hee sent the Bishoppe of Sutrium to demand pledges certaine men whose eyes his brother Henry had plucked out The Bishoppe came and receiued the blinde pledges and at the earnest request of Philip absolued him from the excommunication The Pope when he had gotten these blinde men made publicke shew of them to moue enuie against Philip that done he excommunicated the Bishoppe of Sutrium for absoluing Philip without his commaundement the Bishoppe was depriued and so stood depriued all the daies of his life Then laboured the Pope to stirre vp Bertholdu●… Duke of Zaringia against Philip whom he would haue obtruded to the Electours But Berthold vtterly refusing to rebell sent his Nephewes to Philip for Hostages of his Faith and Alleageance and came himselfe and sware Alleageance to him at which the Pope taking great indignation brake out into these wordes Either shall the Pope pull the Crown from Philip or Philip shal pull the Miter from the Pope And sent therefore to Otho sonne to Henry Leo a Prince more noted for boldnesse pride and ambition then for wisedome and moderation 114. To this man the Pope Innocent sent a Crowne and set him vp against Philippe for the Empire excommunicating Philippe and pulling all helpes from him that possible hee could and so filled the world with warres As Philip and Otho were thus plunged in warres all Princes and people troubled there was not a Bishopricke or Ecclesiasticall dignity or Parish-Church which was not made litigious and in the common miseries of Christendome and confusion of the Church the Pope onely reioyced increasing his wealth by the ruines of the Church the calamity of all men was turned to his happinesse To expresse this true felicity of the Pope and the Court of Rome in the misery and vexation of all the world mine Authour breaketh out into these wordes O our mother Rome reioyce because the Cataracts of earthly treasures are opened that vnto thee Riuers may flow and Mountaines of siluer may be brought in great abundance to thee be thou ioyfull for the iniquity of the sonnes of men because in recompence of so much mischiefe as from thee proceedeth the price returneth to thee Let thine heart be merry for the discord and dissention that troubleth all other but helpeth thee for out of the infernall pit it breaketh to heape vp much money as a reward to thee Thou hast that which alwaies thou hast thirsted after and longed for Now maist thou sing this song that thou hast ouercome the world not by thy Religion but by the malitiousnesse of men That which draweth men to thee is not thy deuotion or a pure conscience but impudency and boldnesse to commit all wickednes and hope of impunity for their hope is to defend and maintaine any wickednesse where thou art the Iudge and when the price is prepared Thus farre Uspergensis making some what bold with that innocent Pope Innocentius In this contention which the Pope raised Otho had the helpes of the King of Bohemia the Lantgraue of Thuring the Bishoppe of Colon these inclined to him being drawne as well by the Popes cursing of Philip as also for that they saw that Otho was strong by meanes of his Vncle Richard King of England But at last Otho being wearied with the warres and perceiuing Philips affaires to prosper was content to heare of peace 115. The Pope himselfe after all his malice thus spent made a motion of reconciliation
they whom he had banished from Parma were returned thither by the Popes practise and taking the Towne by force had giuen a great ouerthrow to the other Citizens fearing least this example might draw other Cities to the like reuolt he gaue ouer the iourney to Lions and wrote Letters to the French King and all Prelates refuting the Popes friuolous obiections declaring the iustice of his cause and his innocency Innocentius regarding neither iustice nor innocency pursued him by violence malice open warres secret conspiracies seeking all meanes that his vnholy head could inuent to take away the life of Fredericke As he was taking his recreation in hauking at Grossetum by the Sea shore neare to Sien the Pope drew his owne seruants to a conspiracy the conspiracy was detected and the traytors had the reward of their treason Innocentius who could not rest till he had done some Pontificall exploit against the life of this Prince stirred vp the Princes of Germany to thrust downe Fredericke and to set vp another first was set vp Henry Lantgraue of Thuringia this man besieging V●…mes was wounded by the shot of an Arrow and shortly after resigned both his life and the Empire After this was William Earle of Holland set vp this man was slaine in the warres which he had gaged against the Frisians neither of these saith Naucler were numbred among the Emperours At last after so many secret traps laid for the life of this Prince behold the end of the Popes malice where strength faileth the Emperour was destroyed by poison King Iohn of England 124. THe King of England sped no better then others for by this vnbridled power of vsurped Iurisdiction King Iohn with the whole Kingdome was brought into great trouble and perplexity these troubles grew vpon a quarrell of Election betweene the Monkes of Canterbury and the Suffraganes in the seuenth yeare of King Iohn for after the death of Hubert Archbishoppe of Canterbury the Monkes without the knowledge of the King or respect of the Suffraganes chose Reynold the Subpriour of the house to be Archbishoppe who secretly went to Rome to haue this his election confirmed by the Pope but stay was made at Rome because he shewed not Letters commendatory from the King The Monkes perceiuing that without those letters commendatory they could not proceede made request to the King that they might chuse another whom the King might commend this the King liked well and commended Iohn Gray the Bishoppe of Norwich being his Chaplaine and President of his Counsell as Hollinshed saith but Mat. Paris whom he cyteth hath not so much The Monkes gladly obeyed the Kings request and mad●… choise of this man but the Pope refusing both thrust vpon them Stephen Langton commanding and compelling so many of those Monkes of that Couent as were then at Rome to chuse him the King was herewith much moued because Stephen Langton was brought vp vnder the French King and bound to him betweene whom and King Iohn there was at that time much warre and dissention wherefore the King banished the Monkes that had chosen Stephen and wrote to the Pope that he had no reason to admit Stephen to such a place in his Kingdome a man promoted by the French King and at his commaund This contention continuing the Pope sent to the Bishoppes of England commaunding them to put the King and his land vnder the sentence of interdiction denouncing him and his land accursed The Bishoppes to whom the Pope wrote being by this time become the Popes subiects and s●…ruants and not the Kings which is the end which the Pope seeketh by his Iurisdiction denounced the interdiction and then fledde to Rome King Iohn seeing many fall from his obedience to the obedience of the Pope drewe his people to an Oath of Alleageance After this came Pa●…dulph Legat from the Pope who after that he had beene here a while was commaunded by the Pope to repaire to the French King there with Stephen Langton to take Councell and to stirre vp the French to make warres vpon King Iohn Thus King Iohn was depriu●…d of his Gouernement his subiects absolued from their Alleageance by which practise many reuolted from him so that he was left weake and when the Pop●… had thus weakned him then he set vp the French King in armes against him The issue was this The King circumuented by these practises of the Pope and oppressed being also bereaued of all helpe was forced to deliuer his Crowne to Pandulph and receiued it from him againe as from the Popes hands And thus was Stephen Langton made Archbishoppe this was done in the fifteenth yeare of King Iohn An. Dom. 1213. The Earle of Tholous 125. WHen Frederick the second liued so persecuted by the Pope as we haue declared a new and strange generation rose vp of a suddaine neuer seene in the world before starting vp like those armed Souldiers which the Poets faine to haue sprung vp suddenly of the Serpents teeth being sowed by Cadmus Such a serpentine generation of Friars were newly hatched at this time the first founders of them were Francis and Do●…inick For the Popes hauing a purpose to raise themselues aboue the Church and aboue Kings and Emperours as both by their profession and claime in the Canon Law and by their practise was apparant and for this purpose thundring out their excommunications vpon euery occasion practising this power in deposing Princes found themselues much crossed in these courses by Bishops and especially by the Bishops of Germany who stood out for a long time faithfull in the Church and couragious against the Popes tyranny Auenti●…us giueth many testimonies of the courage of the German Bishops as else-where also we haue obserued of the English Bishops for he writing of the times of Frederick the second the Bishops then saith he were not as now they are addict to the seruice of the Pope giuen to idlenesse and pleasure but learned industrious louing Christ and declaring their loue by feeding their flockes diligently These were not for the Popes purpose For in diuers Synodes they censured the Popes folly and ambition freely and withstood his tyrannie Then was the Church so gouerned by Bishops all matters so iudged and determined that the Pope might aduise but hee could not by authority attempt any thing in the Prouince of any Bishop thinges being guided by truth law the iudgement of the wisest and best learned in the Prouince and by the Councel and common consent of the Clergy of that Prouince Who had reason to know the estate of their Church and Prouince better then the Pope or any stranger could doe This godly order in the Church the Pope had a purpose to confound to opp●…esse the Bishops authority and to draw all power to himselfe Hoc i●…stitutum to vse the words of Aue●…tinus tollere antiquare Episcoporum autoruatem Labefactare ad vnius cu●…cta potestatem redigere complacitum est 126. This being the purpose of Popes
nation of the Iewes did take sauing o●…ely the Pharises And therefore these Pharises he describeth to be seditious and intollerable stirrers in States euen such as the Friars prooued afterward The words of Iosephus though they be long yet I will set downe because they open the practise of this Oath of Allegance the consent of the auncient Church of the Iewes and the seditious and pestiferous practise of the Pharises that the Iesuites the broode of these Vipers may the better be knowen his words are these There was a sort of men among the Iewes glorying in the scrupulositie and subtiltie of the law by hypocrisie and simulation counterfeiting the holy worship of God by whom women were much moued and drawen c. These were called Pharises who had great power either to helpe or to hurt the kings State For they were troublesome seditious the stirrers of wars iniurious and immoderate prouokers of trouble without cause or ground For when the whole nation of the Iewes bound themselues by an Oath to be faithfull and true to Caesar and to obey him only these Pharises did not sweare these were in number somewhat aboue sixe thousand whom the King punished with a mulct pecuniarie which summe of money the wife of Pherora disbursed for them But they to recompence this her great liberalitie tooke vpon them the foretelling of things to come as men forsooth indued with diuine inspiration they prophesied that K. Herods end was at hand decreed by the diuine Maiestie and the end of all his issue and kinred and that this woman their Benefactour with her husband Pherora and the children descending of them should be Kings When this practise of the Pharises came to the Kings knowledge he killed them as stirrers of sedition and traitours to the State Thus fa●…re Iosephus Whereby we vnderstand that this Oath of Allegeance was well approoued of the Church of the Iewes and onely denied by the seditious Pharises who then inueigled women and weake men and by such meanes stirred rebellions as now their successors the Iesuites doe In like manner was this Oath practised in the Church of Christians as appeareth by the testimonies before cited and by these that followe The second Synode of Rhemes was gathered about the yeere nine hundred and ninetie against Arnulphus Archbishop of Rhemes where it was witnessed of that Archbishop that in the presence of the Kings and Bishops and Clergie and people he was of his owne consent bound by an Oath that to the vtmost of his skill and power he would be true and faithfull in Councell and aide to his Prince the manner and forme of his Oath is set downe thus Ego Arnulphus gratia Dei praeueniente Rhemorum Archiepiscopus promitto regibus Francorum Hugoni Rotberto me sidem purissimam seruaturum consilium auxi lium secundum meum scire posse in omnibus negotijs praebiturum inimicos ●…orū nec consilio nec auxilio ad eorum infidelitatem scienter adiuturum And so it proceedeth with a long execration vpon the breaker 30. Nauclerus doth likewise obserue that Fredericke Barbarossa Emperour perceiuing that the Pope by his excommunications practised secret conspiracies drawing subiects from Allegeance from faith and obedience to preuent these new and subtill practises did exact an Oath of Allegeance of all Bishops vnder his Dominions commaunding the Popes Agents to bee excluded from Germany vnlesse hee sent for them The same exclusion of the Papall Legats was often vsed by the Kings of England and France after that these Princes perceiued that the end of such Legacies was to strengthen the Popes excommunications and to stirre the people to rebellions or to robbe the land of tr●…asure The same Fredericke did also forbid his subiects to appeale to Rome and to goe thither By this iniunction of Fredericke the Popes Legate being forced to trudge home returning to Pope Hadrian made a grieuous complaint the Pope hereupon wrote a letter to the Emperour which because it openeth the Popes meaning concerning the Oath of Allegeance I will here set it downe Hadrian the fourth seruant of Gods seruants to Fredericke Emperour of Romanes health and Apostolicall blessing 31. THe law of God promiseth a long life to them that honour their parents and threatneth the sentence of death to such as curse their Father or Mother And we are taught by the voice of the truth it selfe that hee that exalteth himselfe shall be brought lowe Wherfore my sonne beloued in the Lord we maruaile not a little at your wisedome for that you seeme not to yeeld so much reuerence to S. Peter and the Church of Rome as you ought to doe for in the letters which you wrote to vs you set your name before curs wherein you doe incurre the note of insolency that I may not say arrogancie What shall I say of the Allegeance by you promised and sworne to S. Peter and to vs How can you keepe that Allegeance seeing that you your selfe require homage Allegeance of those that are Gods That are the sons of the most high that is Bishops and you haue held their hallowed hands in your hands manifestly declaring your selfe contrary to vs you shut out our Cardinals not onely out of your Churches but euen out of your Cities Repent therfore repentwe aduise you for whilst you seeke the Crown and Consecration at our hands we feare that seeking more you will loose that which you haue 32. By this wee perceiue the Popes meaning in denying that Kings ought to exact an Oath of Allegeance of Clarkes especially of Bishops for they finding that the Oath of Allegeance draweth subiects to the obedience of Princes resist it by all possible meanes because the Popes seeke Soueraigne Allegeance which cannot be performed both to the Pope and to Princes so that if the Popes purposes stand ciuill obedience to Princes cannot stand And howsoeuer the Iesuites cauill at the late Oath of Allegeance by Parliament enacted quarrelling against it as if it were not a meere Ciuill Oath yet this is but their friuoulous exception for it is euident by this Epistle of the Pope that an Oath of meere Ciuill Allegeance standeth against the Popes purposes For this Oath which Fredericke exacteth was for meere Ciuill Allegeance and yet the Pope denieth that the Emperour ought to take such an Oath of Bishops the reason was that which Iohn Wiolife descried because Bishops must be the Popes subiects not the Kings This was also a part of that quarrell wherewith Thomas Becket troubled the State in his time for he hauing first taken the Oath of Allegeance to King Henrie the second afterward repenting sought to be absolued of the Pope 33. Then this Oath of Allegeance to Kings was in vse before we finde it exacted by the Pope the Pope did first exact it of Archbishops The first that I can find to binde himselfe in an Oath to the Pope was Boniface tearmed the Germane
flatterie in his seruants then to resume these old condemned priuiledges and therewithall to patch yp a Iurisdiction standing so directly against the iudgement and practise of the ancient godly Fathers 92. And yet was Anselme as resolute in this as Augustine was in the contrarie But heerein a great difference appeared which might much sway the iudgement of indifferent readers if there were no other meanes to informe them that Saint Augustine standing against appellations to Rome had heerein the full consent of all his fellow Bishoppes not one dissenting But Anselme standing for appellations to Rome stood alone without the consent of so much as one Bishoppe which thing I report for the honour of the Church of England and of all the Bishoppes of England at this time who heerein resisted their Archbishoppe standing for the ancient liberties of the Church William Malmsburie witnesseth thus much In his exequendis saith he omnes Episcopi Angliae Primati suo suffragium negarunt That is In the execution of these things all the Bishops of England denied their consent to their Primate This sheweth that Archbishoppes were made the Popes seruants before Bishoppes were the reason was because the Archbishoppes vsed to purchase a Pall from the Pope which Pall Anselme had not yet at this time of his variance with the King obtained for Malmsbury saith he first asked leaue to goe to Rome for the Pall. Now the Pope in graunting the Pall conueyed an Oath of Alleageance with it as before we haue obserued which was the reason that moued our Archbishopps to stirre such rebellious tumults against the Kings of this land Such was this faction which Anselme maintained for the Pope against the King wherein he was condemned by all the Bishops of England in the question of Appellation as Thomas Becket was after this time condemned by all the Bishoppes in like sort in the question of Inuestitures 93. And therefore Henry the second had iust cause to publish that law which Roger Houeden calleth graue edictum execrabile against the Pope beginning Si quis inuentus fuerit literas vel mandatū ferens Domini Papae c. capiatur de eo sicut de regis traditore regui siue dilatione fiat iusticia That is If any be found bringing in the Popes Letters or Mandat c. let him be apprehended and let iustice be executed without delay vpon him as vpon a traytor to the King and Kingdome In the same law it is said Item generaliter interdictum est ne quis appellet ad Dominum Papam That is It is simply by law prohibited that no man appeale to the Pope This was not a new law now inuented by Henry the second but an auncient law now renued and vpon a iust occasion put in execution for William Rufus as before we haue declared vrged this law against Anselme proouing it to be one of his Fathers lawes and auerring that such appeales did stand against the auncient lawes and customes of his Kingdome so that the Kings Iurisdiction in such matters was maintained by the auncient lawes of this land 94. But because the antiquity of the lawes of our land is questioned by our aduersaries though this thing belong not to my profession yet let me in a few wordes declare what I haue met with in Stories concerning this point that it may appeare that the lawes of this land are much more auncient then that Religion which now is called the Religion of the Church of Rome King William Rufus the Conquerours sonne declareth as Malmsbury witnesseth that it was a custome of this kingdome confirmed by his father that without the Kings licence no man might appeale to the Pope Now these lawes and customes which William the Conquerour did publish and confirme were the auncient lawes and customes of the Saxons before him not first inuented by the Conquerour though enacted and established by him For Roger Houeden writing of these lawes which the Conquerour enacted saith that the King being once in minde to establish the lawes of the Danes was after much and earnest intreaty of the Barons perswaded to yeelde that the lawes of King Edward the Confessour should be retained still The Barons saith Houeden vrged the King Pro anima regis Eduardi qui et post diem suum concesserat coronam regnum cuius erant Leges Unde Concilio habito praecatui Baronum tandem acquieuit ex illa ergo die visa authoritate veneratae per vniuersam Angliam corroboratae confirmatae sunt prae caeteris patriae legibus leges Eduardiregis quae prius inuentae Constitutae erant in tempore Adgari aui sui For King Edwards soule who bequeathed him his Crowne and Kingdome after his death and whose lawes they were whereupon holding a Parliament he yeelded at last to the Barons request from that day forward the lawes of King Edward were by his authority honoured established and confirmed through all England which lawes were before found out and enacted in the time of Edgar Grandfather to King Edward After this Houeden entreth into a large discourse to proue that the lawes which the Conquerour established were King Edwards lawes which lawes saith he were called King Edwards lawes not because hee inuented them first but because after they had beene buried in some neglect lying vnregarded and not put in due execution for the space of three score and eight yeares after Edgars death for so many yeares are betweene King Edgars death and S. Edwards Coronation he reuiued them And thus much he confirmeth that the lawes established by the Conquerour were S. Edwards lawes and the same which were in vse here in the daies of that peaceable King Edgar And it is not without good reason collected that the same lawes proceeded from King Alphred for he like another Iustinian is reported to haue compiled certaine volumes of lawes not onely from the lawes of the Britaines Saxons and Danes but also of the ancient Grecians and other Besides that he translated into the Saxon tongue those lawes which were called the Molmucin lawes and also the Martia●… lawes the one of Dunwallo Molmucius an auncient Brittish King the other so named of Martia Proba an auncient Brittish Queene And that William the Conquerour established the Saxon lawes it is likewise testified by Henry Huntingdon who saith thus Saxones pro viribus paulatim terram bello capessentes captam obtiuebant obtentam aedificabant aedificatam legibus regebant Nee non Normanici cito breuiter terram subdentes sibi victis vitam libertatem legesque antiquas regni iure concesserunt The Saxons by a strong hand ouercame the land in time by war built as they ouer came and as they built gouerned it by lawes The Normans also quickly subduing the land vnder them yet graunted by the right of the Kingdome lise and libertie and the auncient lawes to them whom they subdued 95. Then whereas William Rufus
of his auncetours Saluo in omnibus or dine suo honore dei sa●…cta ecclesi●… This clause was thought new scrupulous and offensiue The King would haue him yeeld without exception but the Archbishop would not In this contention Philippus a Legat from the Popes side came into England by him the Pope and all the Cardinals commanded the Archbishop to yeeld to the King without exception whereupon hee did so but afterward reuolted from that promise Hence a new contention began but being againe perswaded hee promised obedience to the Kings Lawes The King to hold fast this slippery Merchant required all the Bishops to fet to their approbation and seales to those Lawes Hereunto when other assented the Archbishop swore that hee would neuer set his seale to them nor allowe them Afterward the Archbishop suspended himselfe from celebrating Masse and desired to goe to Rome but the King denied him The Bishop of London accused him of Magick The King perceiuing his rebellious disposition required the Barons to giue iudgement of him that being his subiect would not be ruled by his Lawes Cito facite mihi iustici●…m de illo qui homo meus ligius est stare iuri in curia mea recusat As the Barons were attending this seruice and now ready to giue sentence I prohibite you quoth the Archbishop in the behalfe of Almighty God to giue sentence vpon me for I haue appealed to the Pope And so he departed Omnibus clamantibus saith mine Author quo progrederis prodi●…er exspecta ●… iudicium tuum The Archbishop after this stole away out of the land changing his apparrell and name for hee called himselfe Deerman The Archbishop thus conueying himselfe out of the land came to the Pope and shewed him a Copy of these Lawes which the King called his Grandfathers Lawes When the Pope heard them reade in the presence of his Cardinals and diuers others he condemned the Lawes and excommunicated all that maintained them Condemnauit illas in perp●…tuum ana●…hematizauit omnes qui ea●… tenerent al●…quo modo fauerent saith Houeden 80. Thus did the Popes then stirre to aduance their spirituall Iurisdiction as they called it to such an height that the Kings of the earth who are set vp by God to iudge the world could not execute iustice and iudgement vpon offenders might not be suffered according to the commaundements of God to take vengeance of murtherers robbers incendiaries traytors might not execute that office for which onely they beare the sword Now because the deuotion sense and iudgement of all ages is pretended to be for the Popes Iurisdiction and against the Kings let vs obserue the iudgement of the men that liued at this time We shall finde in all this question of Iurisdiction and of these exemptions in particular that the king was iustified and the Archbishop condemned The Kings auncient Iurisdiction acknowledged the Popes new Iurisdiction and the Archbishops disobedience disallowed and abhorred of all For all the Bishops of the Prouince of Canterbury wrote a letter to the Archbishop the letter is extant in Houeden Therein they entreat him to yeeld to the King they commend the Kings care and zeale for the Church They testifie that the king requireth no more of him then the due honour which his ancestours haue alwaies had Rex a Domino constitutus pacem prouidet subiectorum per omnia vt ha●…c conser●…et Ecclesijs commissis sibi populis dignitates regibus ante se debitas exhibitas sibi vult exhiberi exigit The King ordained by God prouideth his subiects peace by all meanes that he may preserue this in the Churches and people vnder him hee requireth and exacteth that Iurisdiction which was due and exhibited to the Kings which were before him They charge him with rashnesse and furious anger for suspending and condemning the Bishop of Salisbury and the Deane before any question of their fault was moued Ordo iudiciorum nouus say they hic est huc vsque legibus eanonibus vt speramus incognitus damnare primum d●… culpa postremo cognoscere This is a new proceeding of iudgements and as wee hope vnknowne in Lawes and Canons to this day first to condemne a man and last of all to know the fault 81. And that the iustification of the King in this cause and the condemnation of the Archbishoppe might be made more euident to all the world the same Suffraganes that is all the Bishops of the Prouince of Canterbury wrote to Pope Alexander the third to whom they giue a worthy famous testimonie of the Kings iustice temperance and chastitie declaring that the King could not be suffred to execute his Princely office nor effect his good and godly purposes in execution of Iustice for the filthinesse of some of the Clergie Rex say they fide Christian ssimus in copula ●…oiugalis castimonij honestissimus pacis iusticiae cōse●…uator dilata●…or incōparabiliter strenuissimus hoc vo●… is agit totis in his feruet desiderijs vt de regno suo tollantur scandala cūspurci●…ijs suis eliminentur peccata pax totum obtineat atque iustitia c. Qui cum pacem regnisui enormi insolentium quorundam Clericorum excessu non medio●…riter turbari cognosceret c. That is The King in faith most Christian in the bond of matrimoniall chastity most honest for preseruation and dilatation of peace and iustice without comparison the stoutest doeth with great zeale and affections desire this that scandals may be remoued out of his Kingdome that sinnes with their filth may be banished c. and finding the peace of his Kingdome not a little troubled with the enormous excesse of some insolent Clerks c. And thus they proceede declaring wherein those strange exemptions stood which then began first to bee knowne in the world For say they if a Clerke should commit murder c. the Archbishoppe would haue him punished onely by degrading but the King thought that punishment not sufficient for establishing of peace and order and for execution of iustice Hi●… non dominationis ambit●… non opprimendae Ecclesia libertatis intuit●… sed solummodo pacis affectu eò Rex progressus est vt regni sui consuetudines regibus ante se in regno Angliae à personis Ecclesiasticis obseruatas pacificè reuerenter exhibitas Dominus noster Rex deduci vellet in medium That is Hereupon not through ambition of Domination not with any purpose to oppresse the liberties of the Church but onely in a zeale of peace the King proceedeth thus farre as that hee will haue the customes of his Kingdome now brought to open knowledge which Ecclesiasticall persons haue obserued and peaceably and reuerently exhibited vnto the Kings of the kingdome of England before him And a little after Haec est Domini nostri regis in Ecclesiam Dei toto orbe declamata crudelitas hac ab eo persecutio That is
maintained the lawes and customes of his father against the Pope and Henry the first the lawes and customes of his brother and father and Henry the second the lawes and customes of the Kingdome vsed by his Grandfather Henry the first or any other afterward referring themselues to the same lawes the lawes and customes of which they speake are the auncient lawes and priuiledges of this land confirmed by the Conquerour receiued from King Edward proceeding from King Edgar and before him from King Alphred And are therefore of much greater antiquity then the Popish Religion lately concluded in the Councell of Trent as many parts of that Religion were Then it appeareth that the auncient lawes of this land did forbid an appeale to Rome neither is that to be much maruelled for why should it be thought strange that an appeale to Rome was vtterly forbidden by the Church and State of England feeing long before that time we finde the same thing forbidden by the Church of Africa After this time wherein Appeales to Rome were forbidden in England we finde that in Fraunce the same thing was prohibited by the law which the French call the pragmaticall Sanction for in the yeare one thousand two hundred threescore and eight Lewes the ninth French King called S. Lewes ordeined the pragmatical Sanction wherein all the oppressions of the Church of Rome are vtterly forbidden that none of those things be practised in Fraunce vnlesse it be by the expresse and free consent of the King and Church of that Kingdome Thus haue Kings alwaies prescribed against the Pope in matters of Iurisdiction as the Church in like sort hath prescribed against the Pope in matters of faith and Religion as hereafter in the last Chapter shall be declared §. VIII Of deposing and depriuing Kings and dissoluing the Oath of Alleageance wherein consisted the highest pitch of this pretended Iurisdiction 96. THE last and greatest point of this Iurisdiction wherein the strings of this authority were stretched vp to the highest was that their practise of Deposing Kings and discharging Subiects from their Alleageance By which practise the Church was confounded the States of the world ouerturned Kings robbed of their right subiects of their faith and truth euery nation scourged with warres and blood-shed and in the common vexation of all Christendome onely the Popes state and worldly glory increased who could not otherwise rise but with the ruine of the Church and States In this place therefore I will as breefely as I can passe through by way of short History the practise of the Popes in deposing of Kings That it may be apparant to the world that we are so farre from being afraid to confesse this power which they so much boast of that we are rather readie to publish it to the world For hereby all men which haue any vnderstanding of that power which Iesus Christ left to his Church may know the Tyrannie vsurpation pride vaine-glory ambition and madnesse of him who exalteth himselfe in the Church against God and against them that are called Gods Wherein we may learne to be armed with patience to suffer for a time whatsoeuer the lust of proud and bloud-sucking Popes haue leaue to do for the sinnes of our Princes and people and Churches For their time is set and drawing to an end and nothing hath beene done but that which is fore-warned in the Scripture So that by these ambitious and bloudy practises wee shall finde how the Scriptures are fulfilled 97. For one Scripture saith that a starre must fall from heauen who must be a King of the Locusts which is called also the Angell of the bottomlesse pit whose name in Hebrew is Abaddon and in Greeke Apollyon that is a destroyer Which Prophesie of his destroying power is verified most apparantly in this practise of excommunicating Kings and loosing the knot of obedience Whereby confusion and destruction is brought vpon all Kingdomes of Christendome Hereby he is proued to be a destroyer an exterminator an excommunicator Therefore the vulgar translation addeth significantly Latine habens nomen exterminans Another Scripture saith The tenne Kings shall giue their power and authority to the beast Though the Kings of Christendome did neuer directly yeeld to the Pope this authority ouer their owne Kingdomes and ouer themselues that the Popes might depose and displace them at his pleasure yet this they gaue him in effect and by consequence For they gaue him so much that he might vpon their owne graunt challenge this and they who had graunted him so much had no reason to except against his challenge For though the King which was to be depriued denied the Pope this power yet such Princes did yeeld it to him to whom the Pope had giuen the Kingdom of the deposed Prince he did yeeld it who should vse the benefit of the Popes vsurped power For example though the late Kings of France haue alwaies denied that the Pope had any Authority to depose the French Kings yet the Kings of France haue giuen him this power For the former Kings yeelded it as Pipin and Charles For they had no other title to the Kingdome then from this power of the Pope Therefore they yeelded that the Pope had power and authority to giue Kingdomes and in that sense gaue their power and authority to the beast So that when these first French Kings honoured the Pope with this vndue honour though then they seemed to receiue Kingdomes from him yet the Scripture looketh farther into these practises then they did which practised them For they respected onely themselues their owne present greatnesse but in receiuing such power from the Popes they gaue in trueth their power and authority to the Popes For how could they in iustice denie but that the same power which deposed other Kings to raise them might as well haue deposed them to raise other Thus most of the Kings of Christendome gaue their kingdomes to the Popes That this new and strange power of Antichrist may better appeare I will open the beginning and continuance of the Popes practise herein Leo Iconomachus 98. THe first Prince vpon whom the Pope began this practise was Leo the Emperour whom Platina calleth Leo the third he was called Iconomachus for defacing of Images This Prince was deposed by Gregory the third who was Pope in the yeare seuen hundred ninety sixe Pope Gregory the second prepared the way thus When Leo the Emperour being much offended at the superstitious and foule abuse of Images which he saw daily then growing in the Church did vtterly deface Images in Churches and commaunded Pope Gregory the second then Bishop of Rome to doe the like the Pope tooke his aduise in such indignation that he raised all Italy in rebellion against him So the Emperour lost his holde in Italy and a number of little States were raised in Italy euery City striuing to make it selfe a free State Gregory the second hauing done thus much died and left the
the Pope declaring why he so much desired his absence raised forces and sent them to subdue Apulia to bring it vnder his subiection The Souldiers which were signed with the Crosse for the holy wars he stayed and them he spoiled of their prouision Froderick in the meane time recouered Hierusalem 〈◊〉 Ioppe from the Soldan with other Townes and wrote to the Pope of his successe but the Pope suppressed those newes and gaue forth that Fr●…derick was slaine t●… the end that he might with greater ease surprise certaine Cities of Apulia which stood faithfull to Frederick He slew with barbarous cruelty the Germane and French souldiers newly returned from the Easterne warres least they should t●…ll the truth of the Emperours good successe And when Frederick sent to him to be absolued for his seruice as the Pope had promised to absolue him if once hee would take that iourney this now hee vtterly denied And moreouer as Naucler reporteth hee enioyned the Knights that were called Templarians and Hospitularians with a strict commandement to vse Frederick no otherwise then a publique enemie This practise of turning the Souldiers which were crossed for the holy warres to the Popes purposes was much vsed by the Popes and the common vse of it made the Princes of Christendome vnderstand that the Popes vsed the pretence of the holy warres when they would bring to effect some particular of their own Thus were great preparations of the French and Germanes gathered by Innocent the third and Honorius the third vnder pretence of the warres of Ierusalem but turned wholly against the Emperour of Constantinople to reduce that Church to the obedience of Rome Thus were other preparations and ●…uch money collected pretended for the holy warres but turned by Ma●…m the fourth against Peter King of Arragon Thus were the like preparations pre●…ended for the same warres but imployed by Iohn the two and twentieth against Lodouick Duke of Bauare Prascrip●…o sacrorum armorum ali●… spectauit sayeth Aemylius Pontifex hostem iudioarat Lodoui●…um B●…uariae ducem 120. Frederick returning into Italy from the East after all these wrongs hauing both cause and means opportunely offering it selfe to reuenge his wrongs yet resolued not to bee drawne from his milde course He made m●…anes to be reconciled to the Pope the Pope would not heare of reconciliation vnlesse he would giue him one hundred and twenty thousand ounces of gold This was the price of his absolution That the Princes of the world might know that his excommunications stand in bloud cruelty and ambition his absolutions in couetousnesse Frederick being thus absolued was receiued by the Pope in a banquet but all was counterfeit cheere For no sooner was Frederick returned into Germany but presently hee vnderstood that the Princes of Germany had receiued directions from the Pope to c●…use none of his family Emperour after him that the Pope had conspired with his enemies to deiect him from the Empire Frederick prepared an Army to represse the Lumbards who had conspired against him and tooke many Cities in Lumbardy Vmbria and Hetruria The Pope being one of the same conspiracy was so offended at Frederick that he thundred out now the third time his excommunication against him discharging áll his Subiects from their faith and alleageance He made a league with the Venetians and hee called the Lateran Councell wherein the purpose was to depose Frederick Hee commaunded also the heads of Peter and Paul to be caried through the City in solemne Procession And calling the people together in Saint Peters Minister hee made an Oration to them full of commiseration stirring them vp to fight against the Emperour and to take the signe of the Crosse as against an enemie of Christ promising euerlasting life to all that tooke Armes against him 121. The Emperour in whom it appeared that the greatest patience once broken is turned into the greatest furie vnderstanding that the Pope whom he had alwayes sought to mitigate was not to be drawne by kindnesse or faire meanes hearing also that against himselfe as against a Turke or Sarracine the Crosse was giuen brought his Army before the City of Rome and ioyning battell against his enemies put them to an ouerthrow but especially hee declared his indignation against such as had taken the Crosse. For hee commaunded that they should be cut in the manner of a Crosse. Some had their heads clouen in foure quarters crosse-wise The Clergie had first a c●…owne cut off to the quicke and then were deepely crossed with a sword that as they were called so they might bee in truth signed with a Crosse. The Emperour also vnderstanding that the Popes Legates were sent out to call the Bishops of England and Fraunce to the Councell kept watch in all the wayes that none might come to the Councell He tooke diuers Cardinals and Bishops that were comming by shippe some he drowned others he hanged among whom was the Popes brother Pope Gregory hauing thus raised vp the quiet spirit of this Prince into su●…h a rage and knowing no way how to appease him or to rid himselfe out of these troubles which himselfe had procured for griefe died 122. C●…lestinus the fourth succeeding would alfo haue succeeded Gregory in the same hereditary spirit of rebellion and sauage crueltie but a sudden death and short gouernment would not suffer him to performe his purpose for within eighteene daies of his Election he was poisoned In his place came Innocentius the fourth who of a most inward friend of the Emperor became a most mortall foe and surpassed all his predecessours in spirituall fury against the good Emperour for when Bald●…in King of Ierusalem and Raymond Earle of Tholous laboured to establish peace betweene the Empire and Papacy and had procured for that purpose a meeting the Pope aided by the Fleete of Genua gaue them the slippe and came to Lyons in Fr ance where he called a Synode In this Synode the Pope caused Fred ericke to be cyted personally to appeare and to answere to such things as should be obiected against him The Emperour appeared not but sent thither Thaddaeus Suessanus a famous Lawyer in those daies among other that the Emperour sent Naucler nameth also Petrum de Vineis a learned and eloquent man at that time These pleading for the Emperor declared that he was hindred by such impediments that personally he could not be present and therefore they required with great submisnes on the Emperours behalfe that a conuenient time might be assigned to him wherein he might come and answere This reasonable petition was denied the Pope drew out his terrible toole excommunicating the Emperour absoluing all Princes of the Empire from their Oath and faith moued them to make choice of a new Emperour alleaging many causes falsly deuised as blasphemy periury sacriledge and such like 123. Fredericke after he heard of these proceedings against him made readie for a iourney to Lyons but as he was in the way vnderstanding that
liued 30. But was not Bishoppe Grosthead of the same faith and Religion with the Church of Rome Yes verily and so will I be if you grant me his conditions exceptions for he putteth two clauses very memorable by which he will condition with the Church of Rome or any other particular Church whatsoeuer First That the doctrines of that Church be the doctrines of Christ and his Apostles Secondly That so wee may regard the Church of Rome that wee be sure to hold vnity with the true Church the body of Christ. These excellent and famous men that haue heretofore liued in the vnity of the Church of Rome haue beene willing wee confesse to yeelde so much to the Pope and that particular Church as they might doe holding vnity with the true body of Christ. But if the vnity with the Romane Church doe draw them away from the vnity with Christs body then haue they alwaies beene resolued to giue ouer the vnity with that particular Church This confirmeth that which before I obserued in the Distinction betweene the Church of Rome and the Court of Rome because we see many learned and worthy men of our forefathers were of the Church of Rome that is held the bond of vnity with it who were professed enemies to the Court of Rome Now the Pope and his flatterers haue forsaken that vnity with the Church of Rome which stood in Apostolicall doctrines and vnity with the true body of Christ howsoeuer they boast of the name and haue nothing now to shew for themselues but the pride and faction of the Court of Rome 31. Now come we to the time wherein liued Iohn Wiclif another of the worthies of Merton Colledge in Oxford his aduersaries would blot him with the name of an Hereticke some things are vntrue wherewith they iniuriously charge him some things are true which they vniustly call Heresie In this question of Iurisdiction as he receiued the truth from Occham his Senior in Merton Colledge so he deliuered the same faithfully Speaking of the Kings Iurisdiction as well ouer the Clergie as Laity he saith The chiefe Lordshippe in this land of all temporalties both of secular men and religious pertaine to the King of his generall Gouernement for else hee were not King of all England but of a little part thereof Therefore the men that busien them to take away this Lordshippe from the King as don Friars and their sautors in this point beene snarper enemies and Traytors then Frenchmen and all other nations Wiclif labored worthily to descry refute the errors concerning Iurisdiction that in his time came creeping in introduced by Friars For he witnesseth that the Friars taught thus Rex Angliae non est rex totius Angliae sed regulus paruae partis super residi●…um vero mortificatum est Papa Dominus Veruntamen non est disp utandum inquiunt de hac materia quousque fuerit in effectu potentius stabilita sed tolerandae sunt iniuriae dominorum saecul●…rium quousque arriserit opportunit as temporis That is The King of England is not King of all England but Lord of a little part ouer the residue in a dead hand the Pope is Lord but say they there is no disputing of this matter vntill it be powerfully brought in effect In the meane time they say the iniuries of temporall Lords must be borne vntill an opportunity fauo ur them This is plaine dealing The Friars declare what is that thing at which they haue long aimed For what other meaning haue their pretended exemptions then by making a reuolt from the obedience of their soueraigns to become wholly the Popes seruants and creatures 32. But this late generation of Friars I meane the Iesuites exceeding these olde Friars in admirable practises in the blood and destruction of Princes and states are yet so confident in their wit and eloquence that they thinke themselues able to perswade the Kings of the earth to account them among good and loyall subiects The old Friars dealt more plainely they professed not obedience to Princes these professe more and would colour their deepe deuises in destruction of Princes with impudency and dissimulation as if they meant not the same things which daily they practise Now that which Wiclif taught against these wicked and prophane opinions of these olde Friars was no other thing then the iudgement of the learned Diuines which liued before and in his time for he brought in no nouelties but the Friars introduced the nouelties in Religion and Iurisdiction And that Distinction which before we obserued betweene the Church of Rome and the Court of Rome he confirmeth as a thing notori●…usly marked in his time for of the Church of Rome he saith thus Protestor publice quod amando venerando Romanam Ecclesiam matrem meam desidero procuro defensionem omnium priuilegiorum suorum That is I protest publiquely that louing and honouring the Church of Rome Ireuerence my mother and procure the defence of all her priuiledges But of the Court of Rome or that particular Church of Rome which was gouerned by the Pope hee saith much otherwise not doubting but that the iudgement of the particular Church of England might in many things be preferred before that particular Church of Rome guided by the Pope Fieripotest saith he quod Dominus Papa foret ignarus legis scripturae quod Anglicana Ecclesia foret longe praestantior in iudicio veritatis Catholica quam tota ista Romana Ecclesia collecta de istis Papa Cardinalibus That is It may come to passe that the Lord Pope may be ignorant of the law of Scripture and that the Church of England may be more excellent in the iudgment of the Catholicke truth then all this Romane Church collected of the Pope and Cardinals Then in those dayes there was not much attributed to the Popes not erring iudgement or to the authority of that Church which was wholly gouerned by the Pope seeing the Pope might be ignorant of the lawe of God and the Church of England might haue a more excellent iudgement in the truth then that particular Church of Rome That which Wiclif saith might come to passe the world seeth and acknowledgeth that since that time it is come to passe That Friars were the introducers of Nouelties we haue already shewed out of Iohn Wiclifes obseruations In this sorte things stood vntill the time of the Councell of Pisa which was helde some twentie yeares after Iohn Wiclifes death §. IIII. The Popes Iurisdiction ouerthrowne by Councels 33. THus haue we heard the iudgement of learned men against the Popes Iurisdiction after that the same Iurisdiction began to be practised these haue refuted especially that part of his claime which was in temporalibus Now we will consider another part of his pretended Iurisdiction which was in spiritualibus in this we finde his feathers as well pulled as in the former so that when both temporall and spirituall Iurisdiction is