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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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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
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
betweene them vpon this condition that Philips daughter should be giuen in marriage to Richard the Popes brothers sonne newly created Earle of Thuscia Spoletum and Marchia Anconitana hoping that these lands and Titles which then his Nephew inioyed onely by the Popes fauour and at his will might by this meanes afterward passe by right of inheritance The Pope seemed to be so earnest for this match that Uspergensis saith it was promised Here is descried one end of the Popes excommunications and absolutions and of raising warres in Christendome that they might by troubling Christendome drawe some aduantages to themselues The Popes motion was scorned of the Princes and the daughter of Philip was giuen in marriage to Otho and Articles agreed on that Philip during his life should gouerne and after him Otho Otho the fourth 116. PHilip the last Emperour being murdered by the practise and hand of the Countie Palatin Wittlespach Germany fell within the power of the Popes vexation more then before Hoc vno Philippo p●…rempto saith Naucler Germania summis insidijs Pontificis Romani agitata vires pene suas omnes in sese experta est truculenter That is This one Prince Philip being dead Germany vexed with the great and most fraudulent deceits of the Pope did feele in a manner all his force and power against it Otho after this comming to Rome Innocentius the third who had set him vp in armes against Philip entertained him with great shew of fauor but this loue was turned shortly into greater hatred For whilst Pope Innocent was somewhat too busie in exacting an Oath of Otho and sti●…red vp or heartned some of the Citizens of Rome against the Germanes the Romanes drew to a tumult and killed one thousand and a hundred Germanes who suspected no harme Otho being much moued at this Romish entertainment first moued that in some peaceable manner mends might be made but perceiuing them to be inraged that they seemed more ready to giue him a new on-set then to offer or to accept peace hee departed out of the Citie and finding by suspitions and presumptions that Pope Innocent had giuen some occasion and heartning to the Citizens in that tumult he resolued to be reuenged vpon the Pope and entred into the lands of S. Peters Patrimony making great wast and desolation where he came Wherefore Pope Innocent excommunicated him and absolued all Prelates Lordes and all the people that were subiect to the Empire from that Oath of Alleageance which they had taken to Otho commanding all men not to call him or account him Emperour nor in any thing to yeelde obedience to him 117. Otho being thus excommunicated and cursed by the Pope proceeded on in the same course denying that the Pope had any power ouer the Emperour or to dispose of the Empire and therefore notwithstanding all that the Pope had done still he did beare himselfe as Emperour And comming into Germany he held a Diet at Norinberge where he opened to the Princes of Germanie the manifold and fraudulent practises of the Pope against him and mine Authour reporteth that there he made this speech Now is the time come O Princes for you to shew your courage and care of the Empire and for the administration thereof for to you onely to you belongeth this right of disposing of the Germane Empire therefore it must be your care to preuent these troubles This we confesse to be in your power and of your right to create an Emperour or to depose him to set him vp or pull him downe and that herein the Pope hath no Iurisdiction when any trouble ariseth in the Empire you haue the power and right to redresse it Now then like true Germanes defend your owne right shew your courage and strength in the maintenance of your Country lawes and of the imperiall dignity either now maintaine your owne right or else you shall loose all for if by your facility you permit the Pope to dispose of the Empire at his pleasure you shall soone finde most assuredly that your power in the choise of an Emperour shall be vtterly ouerthrowne and brought to nothing Thus did Otho then reiect the Popes power but the Pope was too subtill and too strong for him for he set vp Fredericke the son of Henry the sixt against him to whom the Princes of Germany were bound in an auncien●… Oath of Alleageance The memory of which bond did so preiudice Otho that he was forsaken and Frederick was made Emperour Frederick the second 118. FRederick the second purposing to demerit the Popes fauour and to asswage the insatiable thirst of bloud and warres gaue many great and rich gifts to the Pope granted much land and many territories in Italy to the Church of Rome but nothing could asswage the spirit that ruled in the Popes For after all this kindnesse of the Emperour the Pope then Honorius the third gaue fauour and encouragement to two Earles of Thuscia Richard or as Vspergensis calleth him Mathew and Thomas notorious enemies of the Emperour and conuict of Treason against him Whom when Frederick pursued in battell they betooke themselues to the protection of the Pope as their surest refuge The Emperor followed them within the Popes territories he declared also his right to Sicily and Apulia and the auncient Priuiledges which those Kings had alwaies vsed for Inuestitures which priuiledges in his nonage who was left to Innocent the third as to a faithfull Tutor were surprised by the same Innocent taken from his mother Constantia himselfe being yong not able to make resistance As thus Frederick sought to maintaine his right Honorius draweth out this new and strange weapon against him excommunicating and depriuing him raising vp his subiects against him perswading them to shake off their faith Oath Alleageance and all respect of the Emperor The Lumbards he stirred vp in rebellion against the Emperour procuring thereby great preiudice to the Empire saith Naucler and defeating the purpose of the iourney which Frederick intended to the holy land and in the beginning of these furious attempts hee was cutte short by Death 119. Gregory the ninth who succeeded began there where Honorius left And because he sought a pretence for his fury he accused the Emperour for that he had not performed his vowe of that iourney to Ierusalem whereunto he was drawne by Honorius Though this iourney he performed afterward Thus the Pope neither conuicting him no●… conuenting him nor once hearing him thundred out his bolt of excommunication When the Emperours Ambassadours entreated that they might be admitted to rēder reasons of his stay they could not be admitted but the Pope doubled redoubled his excommunication Frederick to mitigate this mon●…trous rage vndertooke the iourney to Ierusalem and performed the seruice with great labour and no lesse glory But now behold the true reach of the Popes excommunications and exhortations to the holy seruice As soone as euer the Emperour was gone to Asia then