that the Laye people shoulde behaue them selues towardes their Curates and in what wise they shoulde paie and offer to God their tithes The thirde was for making of their testamentes In Germany succeded vnto Frederike Henry and next vnto him Philip both of them inuesturing Bishops and suffering no Legates from Rome to come into Apulia nor Sicilia according to the aforesaide composition Next to whom succeded Otto surnamed of the Clergie the defendour of Iustice for where as the manner of Princes was saith Abbas Vrspurgens cheerfully and readily to geue benefices or Churches to those that did first aske them he woulde noâ— so doo but he gaue all the benefices that fell as well Ecclesiasticall as Secular to those with whom he was acquainted c. This Emperour came into Italy claimed and recouered al the right of the Empire that the Pope vsurped vnder the name of S. Peters patrimony and called a Synode at Norinberge about this matter and touching the Popes authoritie In England as Henry his father had doon before him so folowed king Richard in geuing Ecclesiastical promotions in calling councelâ— ordering other Ecclesiasticall matters yea eueÌ„ in his absence being in Syria by one that represented his persone therin the B. of Ely who called and made a councel at westminster as the kings procuratour and the Popes Legate and spake by the kinges power But in this matter kyng Iohn did more theÌ„ any of his predecessours which purchased him muche hatred with the Pope and his Monkes In this while the Frenche kinge helde a Councell at Cenomannia in Turon And after him Kinge Lewes did celebrate a solemne couÌ„cell at Paris whereat was praesent the Popes Legates In whiche time was Frederike the. 2. Emperour out of doubt saith Auentinus an other Charles the great and without all controuersie most prâ—fitable for the Christian common wealth whiche not onely helde the priuileges aforesaide in Apulia and Sicilia but in all his dominions and about this mater tamed diuer Popes called and kepte diuerse Councelles aswel by his Sonnes as by him selfe ordeined certaine Ecclesiasticall lawes againste diuerse Heretiques condemninge their heresies and appointing how they should be ordered ordeininge likewise many priuileges for Ecclesiasticall personnes In whiche time Henry the. 3. Kinge of Englande helde a solemne Councell in the whiche bothe by the sentence of the Kinge and of the Princes not a fewe priuileges were taken away from the order of priesthoode at what time the Popes Legate required a tribute of all the Cleargy but it was denied him Robert Grosthed whome yée call S. Robert wrote vnto the Pope a sharpe Episile bicause he greeued the Churche of Englande with â—askes and paymentes against reason of whiche when he sawe no redresse he with other Prelates of the lande complained vnto the Kinge of the wass of the goodes and patrimonie of the Churche by the Popes neare kinseman and other alient Bisshoppes whome the Kinge auoyded out of the Realme To whome also the Emperour Frederike wrote that it was a shame for him to suffer any longer his Realme to be oppressed with the Popes tiranny Lewes the Frenche kynge called S. Lewes who as Antoninus saith was so instructed euen from his infancie in all the wisedome of diuine and good orders that there was not founde his like â–ª that kept the lawe of the high God c. made a lawe againste thâ—â—e that blasphemed the name of the 〈◊〉 adioyninge a penaltie of a whoteyron to be printed in the transgressours forehead Also in the yeere of the Lorde 1228. He made a Lawe againste the Popes fraudes concerninge the preuentions and reseruations of the reuenues and dignities Ecclesiasticall complayninge that the Pope had pulled from him the collations of all Spirituall promotions ordeininge that from hence foorth the election of Bisshoppes Prelates and all other what so euer shoulde be free forcible and effectuall to the electours patrones and collatours of them Also the same yeere he set foorth an other Lawe againste Simonie complaininge of the bioyng and sellinge of Ecclesiasticall dignities He made also certaine godly Lawes againste whoredome and Fornication Laste of all in the yéere of the Lorde 1268. he set foorth the Lawe commonly called Pragmatica Sanctio wherein amongest other Ecclesiasticall matters againste the Popes pollinges he saithe thus Item in no case we will that exactions or greuous burdens of money beinge laide on the Churche of our Kingedome by the Courte of Rome whereby our kingedome is miserably impouerished be leuied or gathered nor any hereafter to be layde excepte onely for a reasonable godly and moste vrgent cause of necessitie that can not be auoided and that the same be doone by our expresse biddinge and commaundement of our owne accorde Conradus Conradinus and Manfredus still kepte the priuilege of the foresaide Ecclesiasticall matters in Sicilia and Apulia Shortly after this time Charles the Kinge of Sicilia and Apulia had all or most of the dooing in the election and makinge of diuerse Popes as of Martyn 4. Celestyn 5. Bonyface 8. c. Edwarde the firste Kinge of Englande aboute this time made the Statute of Northampton So that after that time noman shoulde geue neither sell nor bequeath neither chaunge neither bye title assigne landes tenementes neither rentes to no man of Religion without the Kinges leaue whiche acte sence that time hath beene more straightly enacted and diuised with many addicions thereunto augmented or annexed The whiche Lawe saithe Polydore he made bicause he was Religionis studiosissimus c. moste studiouse of Religion and moste sharpe enemie to the insolency of the Priesies At this time Philip le Beau the Frenche Kinge beganne his reigne brought vp in the studie of diuinitie vnder Aegidius the Romaine diuine by whose admonitions and also of other diuines the Kinge beinge instructed in his duety aboue al other thinges endeuoured him selfe aboute the reformation of Religion and orderinge of Ecclesiasticall matters Whereuppon lookinge to the state of the Cleargy he deposed a certaine Bishoppe for Heresie and gaue his Bishoprike to an other and besides claymed the inuestiture of all other Bishoppes in his dominions and callinge Councelles at home in his owne Realme woulde suffer none of his Cleargy to goo to the Popes Councelles He caused the Popes Bulles to be burned He commaunded the Popes Legates to auoyde his realme He commaunded that no money shoulde be caried out of the Realme to the Pope He sette foorth a Lawe that no man should goo to Rome out of his kingedome He called a Councell at Paris and caused to be gathered thither all the Prelates and Barons of Fraunce to iustifie his dooinges He shewed vnto them why he tooke vppon him to call a Councell He enueighed againste the Pope for Heresie Symonie Homicide Pride Ambition c. and that of righte he ought therefore to be deposed He demaundeth of the
Churche commaunded that no Legate of the Churche of Rome shoulde be suffred to entre into Germany with out he were called or hyred of the Emperour nor woulde suffer that any man vnder the maner of appellation shoulde goo vnto the Courte of Rome After the death of Adrian the fowrth the Cardinals fel out amongest them selues for the Election of a newe Pope some stryuinge to haue Rowlande other some coÌ„tendinge to haue Octauian a man saith Vrspurg in all pointes honest and Religious Herevpon sprange an horrible Schisme and greate discorde Rowlande sent his Legates to the Emperour Fredericus 1. and desired him that he woulde take vp and ende this contention by his authoritie The Emperour commaundeth them both to come vnto him at Ticinum where foorthwith he sommoned a couÌ„cell to be holden about this matter mindinge to examine bothe their causes and by searchinge to trye whose cause was the more honest Rowlande beynge afraide to haue the matter come to this tryall getteth him to William of Sicilia the Emperours mortall enemie and within twelue daies putteth on his Cope and nameth him selfe Alexander for he purposed béelyke to make a conquest of the matter He alleaged his ellection to be good out of al doubte and that he sente for the Emperours ayde and not for his arbytrement and therefore thought not good to bringe his case into doubtfull question The Emperour beynge offended with him for that he woulde not obey his appoinctement sente twoo Bishops to cite him to come vnto the Councell by the name of Cardinall and not Pope But Rowlande refused confutinge their Citacion with this Maxime or Principle Romanum Pontificem a nemine iudicari debere the Pope ought not to be iudged of any man But wheÌ„ these Legates from the Emperour came to OctauiaÌ„ he straight ways obeied theybrought him to Papia Vrspur saith that Rowlande was oftentimes monished to come and did contemne all those monitions The Emperour satte in the Councell as Radeuicus Frisingensis who wrote his actes witnesseth and made an oration vnto the Bishoppes wherein he declareth and that by the example of his auncestours Constantinus Theodosius Iustinianus and of later time of Carolus Magnus and other that the power and authoritie to call Councelles where the Churche is troubled with any schismes or other perillous distourbance belongth to the Emperour Notwithstandinge he committed the difininge of the controuersie to their wisedome and gaue them thereunto authoritie The councell debateth the cause consulteth with men learned in the lawe and so concludeth that Octauians election was good and adiudgeth him to be the right Bishop of Rome When they had thus tryed out the matter â—redericus the Emperour saith Platina Confirmat Octauianum Pontificem Confirmed Octauian Pope The Emperour within a while after sente Octauianus new confirmed Pope towardes Rome who dyed in the iourney After whose death the Emperour called an other councel at Wirtzberge as Auentinus writeth wherein were a greate number of Archebishoppes and other Bishoppes and also may of the nobles and states of the Empyre In this Councell a statute or Decree was made by common consente That from hencefoorth none shoulde be Pope onelesse he were created by the consent of the Emperour accordinge as the custome had bene of longe and auncient time This worthy Emperour whom the Chroniclers call Christianissimum moste Christian for his zeale towardes Goddes Churche endeuored not without great perill to him selfe and his estate to reteine the iurisdiction due to the Princes and thereby to refourme the horrible disorders that were growen so highe that they ouerwhelmed the Churche as in lyke sorte diuers other Emperours and Kinges bothe before and after had attempted but in vayne for the wealthy pride the fierce power and trayterous treachery of the Pope and his Prelates was so mighty violent and subtile that there was no earthly power able to withstande or matche with them And therfore Erasmus compteth the Popes of this time and those that folowed to be the Vicars and successours of Iulius Caesar of Alexander the the great of Croesus the ryche and of â—erxes the mighty rather then of Christe the onely Emperour gouernour of the Churche Bernarde calleth Eugenius 3. in his great pompe and pride rather the successour of Constantinus the highe Emperour then of Peter the humble Apostle And Abbas Vrspurg who lyued at this time when the Popes had spoyled the Emperour and other Princes welnighe of all iurisdiction rulinge all by theyr owne Decretalles nowe aboute this time set foorth as they listed maketh a lamentable complainte of the horrible pryde and couetousnesse of the whole clergie and concludeth with these woordes Gaude mater nostra Roma c. Reioyce O our mother Rome bycause the scluses of the hidden treasures in the earthe are opened that riuers and heapes of money maye flowe vnto thee in great abundance Be glad of the iniquitie of the sonnes of men bicause money is geuen to thee for the recompence of so great euilles Be mery and iocund for discordes sake which is thy helper bicause she is rushte out of the infernal pit that pleÌ„tiful rewardes of money might be heaped vpoÌ„ the thou hast that which thou hast alwaies thyrsted after synge pleasant balades for through mennes malitiousnesse not by thy Godlinesse thou hastouercome the worlde About this time the kinge of Cicilia and Apulia had a dispensation from the Pope for money to Inuesture Archebishoppes or Bishoppes with staffe or crosier rynge palle myter sandalles â—r slippers and that the Pope mighte sende into his dominions no Legate onlesse the kinge shoulde sende for him Our Englishe Chroniclers make report that the Kynges of this Realme hadde not altogeather leafte of their dealinge in Churche matters but continued in parte their Iurisdiction aboute Ecclesiastical causes although not without some trouble The Popes Legate came into Englande and made a councell by the assent of kinge William the Conquerour And after that in an other Councell at Winchester * were put downe many Bisshops Abbottes and Priours by the meanes and procurement of the Kinge The kinge gaue to Lanfranke the Archbisshoprike of Cantorb and on our Lady day the Assumption made him Archebishop On whit Sonday he gaue the Archbishoprike of Yorke vnto Thomas a Canon of Bayon When Thomas should haue béene consecrated of Lanfranke there fell a strife betwixt them about the liberties of the church of Yorke The controuersie beinge about Churche matters was brought and referred to the Kinges iudgement and Thomas by the Kinges commaundement was faine to come againe to Lanfranke to be sacred And afterwarde when there grew greater contention betwixt these twaine about Churche matters the Bishop of Rome remitted the matter to be determined before the Kinge and the Bisshoppes of Englande and so at Windesour before kinge VVilliam and the Cleargy the cause was treated Also an other cause was mooued before
Councell vnto whome they be lawfully sworne and of whome they haue receiued their dignities They all answeare that they are all the beneficiaries of him alone and that mindefull of their Faith and the Kinges estate they woulde suffer death for his glory power and saulfegarde Thereuppon he setteth foorth a pragmaticall sanction or forceable lawe to diminis he the dignitie of the Pope Many other Ecclesiasticall Lawes he made againste the Iewes againste the Templars against adulterie c. He made also Clement the fifth Pope and swore him to certaine cōdicions before hande by whose importune meanes also the Generall councell of Vienna was holden In whiche Councell he laboured to haue Pope Boniface condemned for an Heretique affirminge that he woulde proue him so But the mater was taken vp and to satisfie the kinge it was decreed that all the processes of Bonifacius against the kinge were vniust and the kinges doinges in any point against the Pope should not be preiudicial to him or to his heyers About the time of this Councell at Vienna the famous schooleman Durandus setteth foorth a booke wherein as he rekeneth vp diuerse and great enormities in Church matters so for the reformacion of them he alwaies ioyneth the kinge and secular Princes and the Prelases and to this purpose citeth the fourme of the auncient Councelles and many times enueigheth against and complaineth vppon the vsurped authoritie of the Romaine Bishop warninge men to beware how they yéelde vnto him and prescribeth a rule for the Princes and the Prelates to refourme all these enormities not by custome were it neuer so auncient but by the woorde of God About this time also the Emperour Henry the. 7. came into Italy with great power to reduce the Empyre to the olde estate and glory of the auncient Emperours in this behalfe And on the day of his coronation at Rome accordinge to the maner of other Romaine Emperours he set foorth a Lawe or newe authentique of the most high Trinitie and the Catholique faith Nexte to Henry 7. was Lewes 4. Emperour who had no lesse but rather greater conflictes with the Popes in his time about the reformation of abuses than any had before him the Pope nowe claiminge for an Ecclesiastical matter the confirminge of the Emperour as before the Emperours were wonte to confirme the Popes About whiche question the Emperour sent and called many learned Clerkes in Diuinitie in the Ciuill and Canon Lawe from Italy Fraunce Germany Paris and Bononia whiche all aunswered that the Popes attemptes were erronious and derogating from the simplicitie of the Christian Religion Whereupon the Emperour willed them to searche out the matter diligently and to dispute vpon it and to gather into bookes their mindes therein whiche diuers did as Marsilius Patauinus Ockam Dantes Petrarche c. By whome whan the Emperour vnderstoode the Popes vsurpation he came to Rome called a councell and deposed the Pope placed an other in his rowme In whiche councell the Romaines desired to haue their olde order in the Popes election ratified by the Emperour to be renewed This Emperour also called avery great coūcell at Frākeforth where besides the Spirituall and Secular Princes of Germany the kinge of Englande and the king of Beame were present where by the greater and sounder part the Popes aforesaid vsurpation was abolished Which sentence the Emperour confirmed and published writing therof that his authoritie dependeth not of the Pope but of God immediatly and that it is a vaine thinge that is wont to be saide the Pope hath no superiour The Actes of this councell against the Popes processe were ratified by the Emperour as appeareth by his letters patentes thereupon beginning thus Lodouike the fourth by the grace of God c. To all Patriarches Archebisshoppes Bisshoppes and Priestes c. and ending thus VVherfore by the councell and consent of the Prelates and Princes c. VVe denounce and determine that all suche processes be of no force or moment and straightly charge and commaunde to all that liue in our Empire of what estate or condition so euer they be that they presume not to obserue the said sentences and curses of the Popes interdiction c. An other Councell he called afterwardes at the same place about the same matter bicause Pope Clement called it Heresy To saie that the Emperour had authoritie to depose the Pope whiche heresy as principal he laide first to the Emperours charge Item that the Emperour affirmed that Christ and his Apostles were but poore Item the. 3. heresy that he made and deposed Bysshops Item that he neglected the Popes interdightmēt c. Item that he ioyned certaine in mariage in degrees forbidde he meaneth forbidden by the Popes Lawes and deuorceth them that were maried in the face of the Churche Whiche in deede was nothing els but that amōgest other Ecclesiastical lawes that the Emperour set forth were some for mariages and deuorcementes contrary to the Popes decrees In Fraunce king Charles denied the Pope the tenthes of his Clergie But Philip de Valoys that followed reformed and tooke away many late vpstart Ecclesiasticall abuses in the Clergy and Prelates in his Realme of the whiche diuerse complaintes being made vnto the king he called a councel at Paris and sommoned thither the Bishoppes as appeareth by his letters wherein he complaineth that they haue enchroched from him and his officers a great many of rightes bringing in their nouelties not due and vnwonted grieues vnder the pretence of Ecclesiastical causes whereby they haue broken the concorde of the Clergie and the Laity and therfore willing to prouide so muche as he can by Goddes helpe an healthfull remedy He requireth and neuerthelesse commaundeth them to appeare before him at Parys personally c. The Prelates appearing at the daye assigned before the kinge in his Palayce Archebisshoppes Bisshoppes and makinge reuerence to the kinges maiestie being set downe with his councell and certeine Barons assisting him a certeine knight of the kinges councell spake publykely for the kinge in the presence of them all takinge for his theme this texte Geue that vnto Caesar that belongeth to Caesar and that vnto God that is due vnto God c. The kinges admonition being made a great many complaintes were put vp vnto the king by his nobles and officers against the Clergies vsurpation in medling with contractes of mariages in their priuileges of Clerkes In citations to their Courtes in their excommunicatiōs in willes and hereditamentes in callinge of prouinciall councelles in making synodall Decrees and statutes in medling with realties in perēptory writes in examinations of mens beleues in enioyning of money penances In shauing of children and vnlauful persons making thē Clerkes in whoordome and fornication in wyddowes goodes in bloudshead in the Churcheyarde in inuentories c. and in a great many mo matters whiche ye call Spirituall or Ecclesiasticall causes the
Frenche kynge prouing them to be as in deede they were no other but temporall neuerthelesse not standinge muche about the name nor taking them all away from their iurisdiction he onely said he would reforme them Neuerthels for certeine daies there was muche disputing to and fro whether they belonged to the kinge to reforme or no till the king by his foresaide procuratour gaue them the kinges determinat aunswere declaring vnto them howe that they ought not to be troubled bicause the kinges intention was to keepe those rightes and customes of the Churche and Prelates which were good and reasonable but by reason of their faults the iudgement whiche were good and reasonable apperteined not vnto thē to determine but to the king Bicause the Decree Nouit c. saieth that the kinge of Fraunce in matters de Facto hath not his superiour c. VVhereuppon hee concluded that the kinge woulde heare all the informations And those Customes of the whiche he shoulde be fully enfourmed that they were good and reasonable he woulde make onely to bee obserued In cōclusion the Prelates made such importune labour that the forsaide attourney aunswered them for the kinge that if the Prelates themselues would amende those thinges that were to be amended and corrected the king would abide till the feaste of the Natiuitie next to come within whiche terme he woulde innouate nothing but if within the saide terme the Prelates had not amended those thinges that were to be amended and corrected that then the kinge would put to suche remedy as should be acceptable to God and the people Whiche in conclusion the king was faine to do by a sharpe seuere Lawe whan he sawe howe the Prelates dallied him of with faire wordes and therefore he him selfe Composuit rem sacerdotum did set in order the matters of the Priestes In England at this time many abuses about Ecclesiasticall causes were reformed although the Pope his Clergie did earnestly mainteine them by king Edwarde the. 3. who wrote his letters to y ◠Pope admonishing him to leue of his disordered doinges whan that woulde not serue he redressed them by act of parliament and as Nauclerus saith he commaunded that from thenceforth no body shoulde bring into the Realme any kinde of the Popes letters vnder the paine of drowning and expelled all persones out of his kingdom that weare by the Pope promoted to any benefice Next to Lewes was Charles the. 4. chosen Emperour who helde a councel at Mentze with y e Prelates Princes in the yere of the Lorde 1359. wherein he much reproued the Popes Legate for his disorders and commaunded the Archbishop of Mentze to reforme his Clergie and the disorders amongest them for otherwise he woulde see to it him selfe The Popes Legate seyng howe the Emperour tooke vpon him gate him to his shippe and saylled to Colayn as one that fledde awaye With whiche doynges the Emperour became very famouse for he was a man of great workes who dyd lyghten the kyngdome of Boheme bothe with the the settinge foorth of Religion and with the discipline of Lawes and good manners At this time wrote Nilus the Bishoppe of Thessalonica declaringe the onely cause of the diuision betwéene the Gréeke and the Latine Churche to be for that the Pope will not suffer frée and generall Councelles to be called by the Emperours accordinge to the auncient custome that his authoritie is not by the Lawe of God but by the positiue Lawes of Princes graunted onely because that than Rome was the greatest Citie in the worlde and hath no prerogatiue of Christ or Peter more than any other Bishoprike Kinge Richarde the. 2. called a Councell at VVestminster saith Polydore wherein it was thought good to the Kinge and the Princes for the weale of his realme of Englande if a parte of the Popes authoritie were bounded within the limites of the Occean sea he meaneth that it were driuen out of the Isle of Britaine wherfore it was decreed that hereafter it shoulde be lawfull to no man to trie any cause before the Bishop of Rome nor that any man be publikly pronounced wicked or enemy of Religion that is to wit as the common people terme it be excommunicate by his authoritie nor that if any man haue any suche commaundement from him they execute the same The penaltie ordeined to those that violate this lawe was that losinge all his goodes he shoulde be caste into perpetuall pryson The Churche of Rome at this time was maruailously torne in sunder with an horrible Schisme whiche continued about xl yéeres hauinge at ones thrée heades callinge them selues Popes euery one of them in moste despitefull wise calling the other Antichrist Schismatique Heretique tiraunt thiefe traytour the sonne of perditiō sower of Cockle the childe of Belial c. diuerse learned men of that time inueighed against them all thrée as Henricus de Hassia 10. Cerson Theodorych Nyem secretary before this to Pope Boniface who prooueth at lardge by good reasons by the woorde of God and by the Popes decrées that the refourmation of these horrible disorders in the Churche belonge to the Emperour and the secular Princes Sigismunde the noble Emperour vnderstandinge his duetie herein amongest other his notable actes called a Councell togeather at Constantia and brought againe to vnitie the Churche deuided in three partes whiche Councell saithe Nauclerus beganne by the Emperours commaundement and industry in the yeere 1414. To the whiche Councell came Pope Iohn before the Emperours comminge thinkinge to haue outfaced the Councell with his pretensed authoritie till the Emperour came who geuinge to all men in the Councell free libertie to speake their mindes a great companie of horrible vices were laide streight way to his chardge To the whiche when he was not hable to answeare he was deposed and the other twoo Popes also and an other chosen chiefly by the Emperours meanes called Martyn the. 5. After these thinges finished they entred into the communication of a reformation bothe of the Cleargie and the Layty to whiche purpose the Emperour had deuised a booke of Constitucions and also willed certaine learned Fathers there but specially the Bishoppe of Camera a Cardinall there presente to deuise what faultes they coulde finde and how they shoulde be redressed not sparinge any dégrée neither of the Prelates nor of the Princes them selues Whiche the Bishoppe did and compiled a litle booke or Libell entituled a Libell for reformation of the Churche gathered by Peter de Aliaco c. and offered to the Churche rulers gathered togeather in Constaunce Councell by the commaundement of the Emperour Sigismonde c. In this Libell of reformation after he hath touched the notable enormities in the Pope in the Courte of Rome in the Cardinalles in the Prelates in Religious personnes and in Priestes in exaction in Canons and Decretalles incollations of benefices in fastinges in the diuine seruice in Piaures in
without the authoritie of the Emperours as in all the former generall councels And so at the ende the whole councell put vp a supplication to the Emperour for the ratifiyng of all their doynges The which when the Emperour had heard openly recited and redde vnto them they forthwith alowed signed and sealed Gregorius 3. sent into Fraunce for succour to Charles Martell yelding surrendring vp vnto him that whiche the Pope had so longe sought by all subtile and mischieuous meanes to spoile the Emperour the Princes of This same Gregory the third saith Martinus Poenitentiarius VVhan Rome was besieged by the king of Lombardy sent by Shippe vnto Charles Martell Pipines father the keyes of saint Peters confession beseching him to deliuer the Churche of Rome from the Lombardes By the keies of S. Peters confession he meaneth all the preheminence dignitie and iurisdiction that the Popes claime to them selues more and besides that whiche all other Churche ministers haue ouer and aboue all maner persons Ecclesiasticall or Temporall as geuen of Christe onely to S. Peter for his confession and so from him to the Popes of Rome by lineal successioÌ„ Seing that this Pope who was passingly well learned both in diuine and prophane learning and no lesse godly stoute and constant if you wil beleue Platina yeldeth and committeth all this iurisdiction and clayme that he hath ouer all persones Ecclesiasticall and Temporall so well in thinges or causes Ecclesiasticall as Temporall vnto Charles Martel a Lay Prince great maister of FrauÌ„ce it appeareth that Princes may Lawfully haue the rule gouernement and charge in Churche matters The heires and successours of this Charles Martell did keepe these keyes from rusting They exercised the same iurisdiction gouernement in Ecclesiastical causes y t the Emperours and kinges had doon from the time of Constantine the great vntill their time which was almost 400. yeres For Carolomanus sonne to kyng Pepin and nephew to Charles Martell no lesse Princelike than Christianly exercised this his Supreme authoritie in Ecclesiasticall causes and made notable reformation of the Ecclesiasticall state He sommoned a councell of his Clergie bothe Bishoppes and Priestes 742. yere from the incarnation of Christe wherein also he him selfe sate with many of his nobles and counsailours He sheweth the cause why he called this Synode That they should geue aduise saith he howe the Lawe of God and the Churche religion meaning the order and discipline may be restored againe whiche in the time of my praedecessours being broken in sonder fell cleane away Also by what meanes the Christian people may attaine to the saluation of their soules and peris he not being deceiued by false priestes He declareth what ordinaunces and decrees were made by his authoritie in that Synode VVe did ordeine Bisshoppes through the Cities saith he by the councell of the Priestes and my nobles and did constitute Bonifacius to be the Archebissop ouer them VVe haue also decreed a Synode to be called together euery yere that the decrees of the Canons and the Lawes of the Churche may be repaired in our presence and the Christian Religion amended c. That the money whereof the Churches haue been defrauded be restored VVe haue degraded the false Priestes Deacons and Clerkes being adulterers and fornicatours and haue driuen them to penaunce We haue vtterly forbidden all maner hunting and haukinge to the Clergie We decree also that euery priest dwelling in y e diocesse be subiect vnto his own bishop that always in Lent he make an accompt shew to the bishop the maner order of his ministery touching baptisme the catholique faith praiers the order of Masses And whaÌ„soeuer the Bishop shal go his circuite to confirme the people the priest shalve ready to receiue him with a collection helpe of the people That y e priest seke for new chrysme always on Maundy thursday at the Bishops hand that y e Bishop may be a witnes of his chast life of his faith and doctrine We decree further that no vnknowen Bishop or Priest be admitted into the church ministery before he be allowed by the Synode He maketh many suche like for the reformation of y â— Clergy in what sort they shalbe punished if thei coÌ„mit whordome likewise against sorcery wytchcraft diuinacions incantations all kinde of prophane superstitioÌ„s If there were no more exaÌ„ples of any church history but this of Caroloman it woulde suffice to make playne that to the Princes authoritie apperteineth to make Lawes and to the Clergy to geue him counsaile out of Gods worde howe to frame the discipline to the edifiyng of Goddes Churche About this time was one Bonifacius not Pope but as they call him the great Apostle of the Germaines the like for all the worlde to our Apostle here in Englande Augustinus Anglorum Apostolus Either of them might be called the Popes Apostles whose great champions they were And euen suche Ecclesiasticall matters as our Apostle treateth of hath this Apostle in his Epistles to the Pope as this He asketh his holines when fatte bakon should be eaten The Pope aunswereth when it is well smoke dried or resty and then sodden Likewise he asketh whether we shall eate Dawes Crowes Hares and wilde Horses The Pope biddeth him to beware of them in any wise Also he asketh him howe if Horses haue the fallinge sicknesse what we shall doo to them The Pope aunswereth hurle them into a ditche He asketh what we shall doo with Beastes bitten with a madde dogge the Pope biddeth him kepe them close or hurle them into a pitte He asketh if one Nonne may was he an others feete as men may the Pope aunswereth yea on Goddes name Also he asketh howe many Crosses and where aboutes in his body a man shoulde make them These and a great many suche like are the Popes and his Apostles Ecclesiasticall matters But leauyng these tryfles note that in those Ecclesiasticall mattâ—â—s whyche he dyd to any purpose the lay Princes had the entermedling as appeareth by the Pope Zacharias Epistle to this Boniface It is no marueile though this kinge Charloman as also Charles the great and other noble Princes after their time established by their authoritie in Synodes many superstitions and idolatrous obseruances as of Masses Chrysmes and suche like abuses beinge moued with the zeale that all Princes ought to haue But wanting the pure knowledge that good and faithful Bishops should haue instructed them withall seinge suche blynde bussardes as this Boniface had the teachinge of them who like blynde guydes ledde them in the bottomles pit of all supersticions and false Religion Adrianus the first Pope beinge muche vexed through his owne furious pryde by Desiderius kynge of Lombardy sendeth to Carolus Magnus and requireth him of his ayde against the Lombardes promysing to make him therfore Emperour of Rome Charles commeth vanquisheth Desiderius and so passeth into Rome whom the Pope receiued with great honour geuing to him in
power and authoritie to the Prince to execute the Iurisdiction now vnited and annexed to the Crowne by méete delegates to be assigned named authorised by coÌ„mission or letters patentes vnder the great Seale of Englande If yée will hereof inferre that bicause the Princes haue by vertue of the acte full power and authoritie to name assigne and authorise any person whome they shal thinke méete to exercise vse occupy and exequute vnder them all manner of iurisdictions priuileges and preheminences in any wise touchinge or concerning any Spirituall or Ecclesiastical iurisdiction with in their dominions or countreies Therefore all manner iurisdiction is in the Prince to be exercised vsed occupied and exequuted by them for otherwise you will say the Princes cannot geue and committe to others that which they haue not receiued and is not in them selues Your argument is easily answeared in fewe woordes it is a foule Sophistication a secundum quid ad simpliciter These woordes of the Acte all manner in any wise are restrained and bounded within the limites of the gifte where you of purpose to beguile the simple with all doo let them runne at lardge and sette them foorth as méere and simple vniuersalles without any limites at all The Act geueth or restoreth to the Prince iurisdictions priuileges superiorities and preheminencies spirituall Ecclesiasticall but it addeth this Limitacion suche as by any Spirituall or Ecclesiastical power or authoritie hath heretofore béene or may lawfully be exercised or vsed And for that these woordes as by any Spirituall or Ecclesiasticall power or authoritie hath heretofore been or may lawfully bee exercised and vsed may bee maliciously stretched by a wranglinge Papist and might seeme to some that haue good meaning also to geue ouer large a scope the matter or obiect wherein or where about these Spirituall or Ecclesiasticall iurisdictions priuileges superiorities and preheminences are exercised vsed and doo consiste is limited and added in these expresse woordes for the visitation of the Ecclesiasticall state and persones and for reformation order and correction of the same and of all manner errours heresies Schismes abuses offences contemptes and enormities whiche woordes of limitation in y e gifte as they geue not to the Prince the exercise of that iurisdiction that consisteth and woorketh in the inwarde and secrete Courte of conscience by the preaching of the woorde and mynstration of the Sacramentes whiche belongeth onely and alone to the Bishoppes neither doo they authorise the Prince to vse that iurisdiction that belongeth properly to the whole Church euen so doo they geue rightly vnto the Prince to exercise all maner iurisdictions priuileges superiorities and preheminences in any wyse touching and concerninge any Spiritual or Ecclesiasticall iurisdiction conteined vnder the seconde kinde of Cohibitiue iurisdiction for that may the Prince lawfully exercise and vse and doth not belong vnto the Bishops otherwise than by commission and authoritie of Positiue lawes This limitation of iurisdiction set forth by expresse wordes in y e Act you know right wel ye were also at sundry times put in minde thereof and you were wel assured that your alleaging y e wordes of the Act so darkely confusedly and vntruely could not further your cause amongest the wise and yet woulde you néedes publishe them in this sorte to the people whereby at the least to make both Prince and the Lawe odious vnto the simple subiectes The Bishoppes haue by the expresse woorde of God commission of Spiritual gouernmeÌ„t ouer their flock that is to féede the flock of Christ committed to their charge with Gods holy woorde as I haue declared before Thei haue commission to absolue the faithfully penitent and to reteine or binde the impenitent that is to declare and assure both the one the other by the worde of the Gospel of Gods iudgement towardes them What wil ye inferre hereof will ye coÌ„clude therfore they haue all maner of spirituall gouernement or iurisdiction ouer them Yonge Logicians knowe this is an euell consequent that concludeth vpon one or diuerse particulers affirmatiuely an vniuersall Thus ye argue Bishoppes by the expresse worde of God haue commission to preache to their cures to remitte or reteine synnes Ergo they haue commission by the expresse woorde of God to Sommon councels or Synodes generall or prouinciall to visite that is iudicially sitting in iudgement to enquire of mens manners and forinsically to punishe or correct and to decide the controuersies amongest the people touching contractes of matrimony whoordome tyethes sclaunders c. and to ordeine decrees Lawes ceremonies rites c. If this conclusion followe consequently vpon your antecedeÌ„t than doth it ouerthrowe the doctrine of your Romishe diuinitie whiche graunteth not to the Bishoppes immediatly from God this power without a speciall commission from the Pope in whome onely as the Papistes saye is fulnes of iurisdictioÌ„ and power But if this conclusion followe not consequently vpon the antecedent as a man more than halfe blynde may plainely see it doth not than haue ye concluded nothing at all by Christes diuinitie that may further the matter yee haue taken in hande to proue You falsely reporte the Scriptures in this that you say the Bishops haue commission by the expresse woorde of God to geue vnto their flockes cures the holy ghost by the imposicion of their handes For the place which yée quote for that purpose expresseth no suche commission neither any other place of the holy Scriptures The Bishoppes haue so daungerous a cure and chardge ouer the soules committed vnto them that God will require the bloud of those that perishe thorough their negligence at their handes and therfore hath geuen them sufficient commission for the dischardge of their cures It were therefore an horrible absurditie if they might not exercise any Iurisdiction ouer theÌ„ if they might not visit refourme order and correct them by that commission without a further commissiâ—n from the Q. highnes But doo yée not perceiue which the most simple may sée whereof also yée often were admonished by me your warblinge slaight and Sophisticall quarellinge in equiuocation of woordes termes As there are twoo sortes of Iurisdiction whereof the one not Cohibityue properly belongeth to the Bishoppe whiche he may and ought to exercise ouer his flocke without any other commission than of Christ so to visit refourme order and correct are of twoo sortes the one a Scripturely visitacion reformation and correction by the onely woorde of God which the Bishoppes may and ought to exercise in time and out of time with all possible watchefulnes and diligence without any further commission The other kinde of visitacion reformation correction is Forinsecall or courtly whiche I comprehende vnder the seconde kinde of Cohibitiue Iurisdiction and this the Bishoppe may not exercise without a further commission from the Prince Wherefore it is ouer foule an absurditie in you to inferre that the Bishoppes may not exercise any Iurisdiction visitacion reformacion or correction bicause they may
the Kinge of the misorder of Thurstan whome the Kinge had made Abbot of Glastonbury by whose iudgement the Abbot was chaunged and tourned to his owne Abbay in Normandy but the Monkes scattered aboute by the Kinges hest After this the kinge bestowed many Bishoprikes on his Chaplaines as London Norwiche Chester Couentry c. And ruled both the Temporalty and the Spirytualty at his owne will saithe Polychronicon He tooke noman fro the Pope in his lande he meaneth that the Kinge woulde suffer no Legate to enter into the lande from the Pope but he came and pleased him he suffered no Councell made in his owne countrey without his owne leaue Also he woulde nothinge suffer in suche a councell but as he woulde assent So that in geuinge or translatinge of Spiritual promocions in geuing his assent to councels and suffring nothing to passe without his coÌ„sent in hearing and determining Ecclesiasticall causes in restreining the Popes libertie without his speciall licence and in ruling the sâ—iritualtie at his owne wil king William sheweth plaine that he tooke him selfe for the supreame gouernour within this Realme in all maner of causes so well Ecclesiasticall as Temporall In like maner did his sonne William Rufus who made Anselme Bishoppe of Yorke and afterwardes translated him to Cantorbury But within a while strief and contention fell betweene him and Anselme for Anselme might not call his Synodes nor correct the Bisshops but as the king would the king also challenged the inuestiture of Bishoppes This king also forbad the paiyng of any money or tribute to Rome as saith Polychronicon The like inhibitioÌ„ made Henry the first and gaue Ecclesiasticall promocions as his auncestours had doone wherefore Anselme fel out with the king and would not consecrate suche Prelates as he beynge a Lay man had made but the Archebishop of Yorke did consecrate them and therefore Anselme fledde the Realme In an other councell at London the Spiritual condescended that the kinges officers should punishe Priestes for whoordome The cause of this decree as it seemeth was that a Cardinall named Ioannes Cremensis that came to redresse the matter after he had enueighed against the vice was him selfe the same nyght taken tardy In the whiche councell also saith Polydore the king prouided many thinges to bee enacted whiche shoulde greatly helpe to leade a Godly and blessed life After this the kinge called an other counsell at Sarisbury Sommoning thither so well the chief of the Clergie as the people and swore them vnto him and vnto William his sonne Whereupon Polydorus taketh occasioÌ„ to speake of the order of our Parliament though it haue a French name yet in deede to be a councell of the Clergy and the Laitie whereof the Prince hath a ful ratifiyng or enfringing voyce And not only saith he this king did make Bisshoppes and Abbottes whiche he calleth holy rites Lawes of Religion and Church ceremonies as other likewyse cal it Ecclesiasticall busines but the Princes of euery nation began euery where to claime this right vnto them selues of naming and denouncing of Bisshoppes the whiche to this daie they holde fast with toothe and nayle Also Martinus here noteth Vntill this time and from thence euen till our daies the king of Hungary maketh and inuestureth according to his pleasure Bisshops and other Ecclesiastical persones within his Dominions And here sithen I am entred into the noting of the practises of other countries in this behalfe I might not onely note the doinges about this time of Frederike king of Sicill and Iames the king of Spain his brother in reformation of Religion in their Dominions as appeareth in their Epistles writen by Arnoldus de noua Villa but also make a digression to the state of other partes in Christendom as of the Churches of Grece of Armenia of Moscouia c. that acknowledged not any but onely their Princes to be their supreme gouernours in all thinges next to Christe as especially also to note that most auncieÌ„t part of Christendome southwarde in Aethyopia conteining 62. kingdomes vnder y e ruling of him whom we misname Presbyter Ioannes as who saye he were a Prieste and head Bishoppe ouer those Christian Realmes hauinge suche a power with them as the Popes vsurpation hath challenged here in Europe to be an head or vniuersall Priest and kinge If we may beleue Sabellicus who sayth that he hath bothe often talked with the marchauntes that haue their traffique there and hath also diuerse tymes enquired the matter by an interpretour of the inhabitauntes there borne they all saie that his name is neither Presbyter Ioannes nor Pretto Ianes but saye they his name is GyaÌ„ that is mightie and they marueile greatly what the Italians meane to call him by the name of Priesthoode But this they saie that all the suites or requestes euen of their greate Bisshoppes are brought before the kinge him selfe and that all their benefices or Spirituall promotions be obteined at his handes So that there beynge as Sabellicus telleth further an exceadinge great nomber of chiefe Prelates or Metropolitanes and vnder euery one Prelate at the least twenty Bishoppes all their sutes and causes Ecclesiasticall beyng brought vnto him and he the maker of all these Prelates Bishoppes and other Ecclesiasticall persones he is called ouer them all Clergie or Laye in all causes Ecclesiasticall or temporall CyaÌ„ the mightie that is the supreme Ruler and Gouernour and euen so hath continued sithen those partes were first Christened as they saye of Thomas Dydimus the Apostle vntill our time But this by the waye nowe from them to retourne to our owne countrey In England also king Stephan reserued to him self the inuestitures of the Prelates as likewise after him did Henry the seconde that made Thomas Becket Archebisshoppe of Cantorburie who thereat was sworne to the kinge and to his Lawes and to his Sonne In the ninth yeere of his reigne this kinge called a Parliament at Northampton where he entended reformation of many priuileges that the Clergie had and amongest these was one that although one of the Clergie had committed felonie murder or treason yeaâ— might not the kinge put him to death as he did the Laye menne The whiche thinge with many other the kinge thoughte to redresse in the saide Parliament Thomas Becket resisted him but he mighte not praeuayle againste the kinge For well neere all the Bisshoppes of Englande were against him In the 17 â–ª â—ere of his reigne the king made a iourney into Ireland wherewith great trauaile he subdued the Iris he and after with the helpe of the Primate of Arâ—â—ch he refourmed the manners of the people and dwellers in that countrey and that in three thinges especially â—irst in rulinge and orderinge of the Churche by the Curates and howe they shoulde order their diuine Seruice and minister the Sacrament of matrimonie as it was in Englande and other Christian Regions The seconde was howe