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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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fraud diuelish pride and Necromancy aspiring to the Papacy and was at last made Pope not onely without the consent of the Emperor but without the consent of the Cardinals also onely a company of armed men with some few of the Clergie gaue out that Hildebrand was chosen Pope by S. Peter he was much furthered by one Maude a Gentlewoman of great riches then in Italy with whom he had great familiarity 104. Henry the fourth Emperour called a Councell at Wormes to represse Hildebrand The Bishops of that Councell condemned Hildebrand for intruding into the Papacy for his infamous prodigious conuersation adiudgedhim to be deposed Hildebrand vpon the knowledg of these news excommunicated the Emperor depriued him of Gouernement absolued his subiects from their Oath of Alleageance The Emperor of a sudden being robbed of his friends subiects by the practise of them whom Hildebrād had set to negotiate this matter was driuen to the greatest debasement of himselfe that hath bin heard of bare-foot in a sharp Frost in deepe Winter three daies attending at Canusium with his wife child before he was admitted to the Popes presence when he was admitted and had craued pardon his censure was to stand at the mercy of Hildebrand Which when he had confirmed by an Oath the Pope absolued him but afterward set vp Rodolph Duke of Sueuia in warre against him Rodolph being thus stirred vp to Rebellion against his Soueraigne was so wounded in a battell that being carried to Merseburge without hope of life called the Nobles and Bishoppes that had fauoured him and in their presence beholding his right hand which was smitten off in the battell This quoth he is that hand by which I confirmed an Oath of mine Alleageance to my Master Henry this haue I gotten by following your Councell returne you to your Master and keep your first faith as for me I goe to my Fathers 105. The Emperour after this gathered a Synode at Brixia The Bishoppes of Italy Lumbardy Germany meeting there condemned Hildebrand for a disturber of Christendome a disorderer of the Church a periurous sacrilegious Incendiary a Witch and Necromancer The Emperour besieged him in the Castle of S. Peter but Hildebrand vnderstanding that the Emperour vsed to resort to S. Maries Church to pray set a knaue aboue the place where he vsed to pray to throw downe a great stone vpon him and to kill him VVhilst the varlet was setting the stone for that purpose downe comes the stone and the traytor with it who was crushed to peeces therewith After that Hildebrand had set vp many such practises against the Emperour without effect he betooke himselfe to flight And ●…andring like a Vagabond without comfort without helpe without hope though brought to a most pitifull estate yet pitied of no man trauelling vnder the vnsupportable burden of a restlesse conscience he died for griefe at Salernum By all which we see that this new and monstrous practise of deposing Kings was resisted by the Emperour as pestiferous against his estate disclaimed by Bishoppes as a thing strangely disordering the Church and ciuill States and iustly reuenged by God as a thing abhominable The Chronicles obserue as it is noted in Vspergensis Fol. 226. that this Henry the fourth had fought three score and two pitched battels in number surpassing M. Marcellus and Iulius Caesar of whom the one fought thirty the other fiftie Henry the fift 106. WHen Hildebrand and Rodolph both conspiring against Henry the fourth were both ouerthrowne the succeeding Popes maintaining the same pollicy and practise for it were pittie but that these Apostolicall practises were well knowne raised Henry the fift in armes against his father Henry the fourth this old Emperour being wearie of troubles and desirous to haue some repose made his purpose knowne that hee would resigne all gouernment to his sonne and goe himselfe in person to visite the Sepulcher of Christ but the sonne was stirred vp by the Popes to rebell against his Father before hee had vndertaken that iourney To colour his rebellion hee protested that hee sought not his Fathers Throne for desire of dominion neither wished he the deprination of his Lord and Father but if his Father would bee subiect to Saint Peter and his Successours then would he yeeld him the Empire The end of this contention was this The old Emperour was surprised imprisoned by his sonne and so died There is an Epistle of this Emperour extant in Naucler wherein he complaineth that he was betrayed against all humane and diuine Lawes being inuited by his sonne to a Treaty of peace after faith and assurance giuen for his life and honour comming peaceably to Mentz was surprised treacherously After all this Henry the fift comming to Rome found no more fauour then his Father had done For Paschalis the second contended with him so earnestly for Inuestitures which was the quarrell for which his Father felt so much the Popes anger that thereupon a tu●…ult was raised in that tumult Pope Paschalis was taken Who being in the Emperours power confirmed the Emperors Iurisdictión and disclaimed the right of Inuestitures yeelding it to the Emperour in that sort as his auncestours had vsed the same in former times 107. At this time the Cities of Italy tooke an Oath of aleageance to the same Emperour But after all this grant of Pope Paschalis no bond being sufficient to hold fast a Pope he called a Councell at Rome wherein he condemned all that himselfe had done in yeelding Inuestitures to the Emperour and excommunicated the Emperour The Emperor to preuent the dangers that might ensue came again into Italy and sent Ambassadors to the Pope to try if these matters might be brought to a peaceable end The Pope in the mean time calleth a Councell at the Lateran In this Councell Pope Paschalis excusing that fact of his for yeelding Inuestitures to the Emperour desired all that were present to pray for him that God would forgiue him For saith he that writing which I made which is called a priuiledge I doe heere condemne vnder an euerlasting curse and pray that all you will doe the same There followed a generall acclamation Fiat fiat that is be it so Then Bruno Bishop of Signinum faid We haue cause to thanke God that we haue heard the Pope from his owne mouth condemne this priuiledge Which is not a priuiledge but rather a prauiledge because it containeth prauity and heresie Whereupon another stood vp and said If that priuiledge containe heresie then hee who made it is an heretique Caietan being moued with the sharpnesse of that speach answered What dost thou in this Councell in the hearing of vs all call the Pope an heretique that writing was not heresie but it was euill Nay quoth another it was not euill c. Paschalis by his hand commaunding silence appeased the clamour and tolde them that heresie neuer entred into the Church of Rome This I haue
preuailed mightily afterward this vnblessed deuise of forgerie being attempted in a number of decretall Epistles to drawe in this Iurisdiction a practise wherof no learned Papists can speake or thinke without blushing and yet such is their miserable captiuitie that they are willing to make vse of that falshood whereof they cannot thinke without a secret confession of forgerie Thirdly the ingenuous reader cannot but see and vnderstand the vanitie of the Popes flatterers who striuing now for this Iurisdiction would blasphemously draw it from Scriptures such as thou art Peter c. And feede my Sheepe c. These Scriptures were first drawen by the forged decretall Epistles to proue the Popes Iurisdiction and are now commonly drawen to the same purpose but when Zozimus Bonifac●… and Caelestinus began first to contend for Iurisdiction they claimed it not frō Scriptures this deuise was not then found out but they laid all the cause vpon a forged Canon of the Councell of Nice So that this is but a late kna●…erie of the Popes flatterers to countenance their newe found Iurisdiction by Scriptures 16. When this Canon was recited by the notarie the Fathers of the Councell were much offended and troubled at the absurditie thereof there were then present some of the best learned Diuines then liuing in the world they knew well there was no such Canon they neuer read it in any copies of the Nicen Councell they neuer heard of this thing before they resolued therefore not onely to denie the Canon but to refute the falshood of the Pope so famously that it might be knowen to all the world and that the Church afterward might take warning of the Romane ambition therefore they aunswered for the present thus that this Canon was not to bee found in their bookes And for a more full and sufficient examination of this matter they would send for the autentike copies of the Nicen Councell before they could graunt the Popes request To this purpose they writ a letter to Zozimus which was presented to Boniface his successour and is extant in the Tomes of the Councels 17. Boniface first receiuing these letters for Zozimus was dead before they returned pursueth the claime of Iurisdiction by corruption of the same Canon and with obstinate and resolute peruersitie maintaineth the falshood begun by his Predecessour In the meane time two copies autentike of the Nicen Canons were sent to the Fathers of the Councell of Carthage one from Cyrillus Bishop of Alexandria another from Atticus Bishop of Constantinople These copies were read but no such Canon could be found as the Bishop of Rome had foisted in the Fathers vnderstanding the fact and hauing taken the Bishop of Rome in a flagrant crime decreed that the true Canons of the Nicen Councell should be obserued reiecting this suborned and supposititious Canon This decree they sent to Pope Boniface but Gods iudgements hastily following these corruptors Boniface was dead before it came to Rome and Caelestinus next succeeding receiued it 18. Caelestinus as stiffe for this Iurisdiction as any of his predecessours maintained the cause by the same meanes resolued with shame ynough to stand for the adulterated Canon which pertinacy after open conuiction declareth that the pollicie of the Church of Rome began then to forsake religious courses and to rest vpon falshood and forgery to obtaine their willes And therefore it is not to be marueiled if the truth of Religion afterward for saked them Apiarius gaue a new occasion to the Pope to worke vpon for after that this man was receiued vnto the Communion by Zozimus and Boniface he returned to the Trabacens where for his foule and scandalous life he was excommunicated againe To recouer this disgrace he flieth to his onely refuge the Bishop of Rome then Caelestinus who receiueth him admitting him to the Communion and directeth his Legats Eaustinus Philippus Asellus to Affrica with a streight charge to draw the Councell to yeeld to the demaunds of his Predecessours for want of other helpe hee furnisheth them throughly with impudencie and inuict audacity for what other vertues were left to maintaine such a cause The Legats cōming with this Commission require of the Councell that Apiarius may be admitted to their Communion and that they would be content to submit themselues to the Romane Iurisdiction The Fathers of the Councell produce the autentike copies of the Nicen Canons which they had procured from Alexandria and Constantinople by which the Romane forgery was euidently conuinced Here began a fresh contention Faustinus resolued to execute his Commission to his vtmost power exclaimeth against the Sea Apostolike against the violatours of the Nicen Canons The Councell protesteth that they will imbrace all true Canons that they will yeeld to the Church of Rome all true priuiledges onely in the lawfull warrantable and necessary defence of their owne freedome and of the Churches freedome they must stand and therefore could not admit a forged claime without shew of truth As they were in the heat of contention the one side striuing to impose the yoke of their Iurisdiction vpon the Church the other resolued to stand close and faithfull for the freedome of the Church behold of a suddaine Apiarius the firebrand of this contention touched by the very finger of God and drawen to giue God the glory and so to end this contention falleth downe on his knees before them all and confesseth all those crimes to be most true which were obiected against him and with humble supplication craueth pardon of the Councell And so this Tragedy ended 19. The Fathers of this Councell hauing this experience of the Popes corruption and dishonestie write to Caelestinus to this purpose They intreat him not to trouble the Church by patronising such wicked men as Apiarius that he would not accept of appellations made by such scandalous and condemned men who would seeke a refuge for their wickednesse at Rome they declare that the Nicen Canonsderogate nothing from the African Church that the Fathers of the Nicen Councell sawe with great wisedome that all suits were to be ended in the places where they began that the grace of the holy Ghost should not be wanting to any Prouince that if any bee offended hee may appeale to a Prouinciall or to a generall Synode that transmaritim iudgments ought not to be admitted where witnesses cannot be conueniently produced either for sexe or age that to send any Legats from the side of the Romane Bishop is a thing found in no Synode established that the Canon of the Nicen Councell by which the Popes claimed this Iurisdiction is not to be found in the autentike copies of that Councell and therefore falsified Last of all they admonish him that hee and his successours must take good heede Ne fumosum typhu●… saeculi in Ecclesiam Christi c. That is that they induce not the smoke of arrogancie to darken the Church of Christ which Church doth bring the light of simplicitie and
against the greater part The King of England by publicke writing protested against it when first it was appointed by the Pope to be held at Mantua the reasons which King Henry alleaged against it are these That it belonged not to the Pope to cal Councels but to the Emperor to the Kings of Christendom that the Pope himselfe was to be censured by the Councell and therefore Italy was no fit place for it that there was no caution made to him and his Embassadours and Bishops for their safe conduct that though there were publike caution giuen yet the practice of Popes in breaking their faith and violating publike cautions and sucking the blood of innocent men was too well knowen In fine the King giueth aduise to all other Princes and Magistrates to gouerne their owne people to establish true religion to reiect the Popes tyrannie as hee had done 16. The French King made like Protestation against this Councell of Trent for the Abbot of Bellosan the French Kings Embassadour obtaining admittance into the Councell though not without great difficultie in the middest of that assembly against the expectation of many deliuered the Kings protestation thus That it was neither safe nor fit for him to send his Bishops to Trent that he held not that assembly for a publike and generall Councell but rather for a priuate conuenticle gathered not for the common good but for the pleasure and profite of some few that neither he himselfe nor any of his kingdome should be bound by those decrees and if need required that he would vse such remedie to restraine the Popes as his Auncestours had vsed before Thus did these Kings then protest against that Councell especially because it was called by the Popes authoritie who had no right to call generall Councels And both these kingdomes and the Churches ther●…in haue withstood the authoritie of this Councell yea the French Church of Papists would neuer admit the Councell of Trent so that it is not onely dissallowed of vs but by a number of them who professing to follow the auncient Church of Rome yet vtterly reiect this Councell of Trent as swaruing from the Church of Rome Of the Princes of Germanie there is no doubt made but that they would neuer yeelde consent to it Then generall it cannot be when as so many and so great a part haue withstood it yea a farre greater part then they can make who held it 17. And whereas in all ancient generall Councels the freedome and libertie of Bishops and of all that had voices in Councels was n●…uer impeached in this Councell of Trent it was quite otherwise for none might be admitted to haue voice therein but only such as should be bound in an oath of bondage and slauerie to the Pope And therefore when the Embassadours of Maurice Duke of Saxony came to the Councell and proposed from their Master these petitions That the forme of safe conduct might be made for his Diuines according to the forme which the councell of Basill graunted to the Bohemians that is to say that these particulars might be expressed therein that they also with other might haue deciding power that in euery controuersie the holy Scriptures the practise of the auncient Church the ancient Councels and Fathers agreeing with Scriptures and founding them vpon Scriptures might be admitted and receiued for the most true and indifferent iudge for thus much was contained in the safe conduct graunted by the Councell of Basill to the Bohemians that there might bee no proceeding till his Diuines came that when they were come all things precedent might be recalled that the Councell might be free for all nations that the Bishop of Rome might submit himselfe to the Councell and remit that oath which he had taken of the Bishops which were of the Councell that their voyces might be free and without such euident partiality and preiudice as they brought with them who were bound by oath to doe nothing against the pleasure of the Pope these petitions were reiected freedome vtterly excluded partiality and preiudice maintained with resolution 18. And that the same Councell of Trent was not a lawfull assembly it is no lesse euident because it was not called by lawfull authoritie for it was called onely by the Popes authoritie who neuer had authoritie to call generall Councels And though Charles the fift then Emperour was at the first drewen to yeeld a consent yet the Pope would neuer allow that the Emperour should haue the authoritie to call the Councell and to appoint the place as alwayes it was the Emperours Iurisdiction in auncient Councels but this Iurisdiction the Pope by vsurpation drew to himselfe in the Councell of Trent Insomuch that when the Emperour vtterly dissallowing the translation of the same Councell to Bononia wrote to them and sent his Embassadour Vargas to protest against them that he would hold all as vaine friuilous and vnlawfull whatsoeuer they did tearming them not a Councell but a Conuenticle Montanus the Popes Legat answered that it should neuer be indured that the Ciuill Magistrate should haue authority to call Councels or to appoint the place thereof To this purpose the Pope also writeth to Charles that the Emperour hath no right herein but the Pope himselfe is the man Qui solus iure diuino humano cogendi 〈◊〉 decernendi de rebu●… sacris potestatem obtineat This authoritie then being vtterly denied to the Emperour for calling the Councell of Trent we say that Councell was an vnlawfull assembly because it was not gathered by the authority of the Emperour and of Christian Kings And when it was thus gathered neither a generall Councell nor a free nor a lawfull Councell yet as it was with all these foule faults it could not serue the Popes turne vnlesse singular fraud and deceit had bene practised Olaus Magnus was intituled Archbishop of Vpsala and blinde Sir Robert a Scottishman was intituled Archbishop of Armach in Ireland so that for want of true Bishops some were set vp onely in name to fill vp the number and giue voices 19. And when all other shifts would not serue the Pope still reserued one for the last cast The greatest part of them that were present had a purpose to curb the Popes Iurisdiction especially the Spanish Bishops who saith Sleidan were most diligent in this Councell These combined with those few Germane Bishops which were there resolued saith he Pontificis Romani potestatemintra certos fines includere nec illius aulae tantum facultatis in omnes prouincias attribuere That is To reduce the Popes authority within some bounds and not to yeeld such power to that Court ouer all Prouinces The Pope fearing such a thing afore prouided that the greatest part of Bishops should be Italians none might be admitted of any other Nation but such as were made obnoxious to the Pope aswell by some other respects as by an oath If any were
Apostle Archbishop of Mentz an English man by birth named Winefride For Pope Gregorie the second desirous to draw the Germanes vnder the yoake of his ceremonies the Christian religion being long before planted among them sent this Winefride otherwise called Boniface to reduce all to the obedience of Rome as much as might be For this purpose he exacted an Oath of Boniface the forme of the Oath is extant in Auentinus thus In the name of our Lord and Sauiour Leo being Emperour c. I Boniface promise to thee S. Peter which wast the chiefe of Christs Apostles and to Gregorie who now representeth thy person and to all thy successours by the Father the Sonne and the holy Ghost c. I vow by this thy holy body that I will follow the sincere truth of Christian pietie as long as my life and strength last I will keepe concord I will shunne persons excommunicated I will giue notise of lying sects of pestiferous errours against the decrees of our Elders to the Bishop of Rome This Oath carrieth a shew of great moderation being compared with the formes of those Oathes which succeeding Popes exacted 34. We declared before how Hildebrand caused the Emperour Henrie the fourth to displace certaine Bishops and presently after that he had made a breach betweene the Emperour and them he restored them all to their seuerall places againe and exacted an Oath of them to be true to him the forme of that Oath I find not but it seemeth that then an Oath was exacted much in preiudice of Princes For Anselme Archbishop of Canterburie by reason of that Oath which then the Popes exacted was enboldened to raise a contention with William Rufus about inuestitures And Thomas Becket by vertue of the like Oath contended with Henry the second for that vpon the quarrell for inuestitures Bishops were strictly tied to the Pope by an Oath we finde in the contention which was betweene Pope Paschalis the second and Henrie the fift Emperour For when Henrie the fift had bene set vp by the Pope to raise warres against his owne Father and had at the Popes instigation robbed him of his Empire and life he himselfe found afterward the same measure at the Popes hands which his Father had found before him for claiming the right of inuestitures as belonging to the auncient right of the Empire he was denied the matter brake out into a tumult in which tumult Pope Pascbalis was taken and being in the Emperours power graunted and confirmed vnto him the right of inuestitures From which graunt the Pope reuolted afterward and shewed himselfe more vehement in this quarrell then any before him After some stirres and contention the Pope held a Synode at Trecae in France this Synode was held in the yeere one thousand one hundred and seuen Wherein the Bishops of Germanie were suspended by the Pope for doing any part of Episcopall function saith Vspergensis because fauouring the Emperor they were not present in this Synode And Auentinu●… saith that all they that were present were bound by an Oath to the Pope to obey him herein A singulis Episcopis saith he iusiurandum exactum futuros in potestate Romani Pontificis That is An Oath was exacted of euery Bishop that they should be in the power and at the pleasure of the Pope 35. Thus were Kings robbed of their strength when Bishops were by an Oath so bound to the Pope that what hee commaunded they must doe And if the Pope listed to quarrell Princes for their auncient rights and priuiledges it was enough for him to say those priuiledges of Princes were matters Ecclesiasticall or Spirituall and must therefore belong to the Pope and not to Temporall Princes What thing could more weaken Princes and bring them to that poore state that the Pope might triumph ouer them as he did then this subtill practise whereby Bishops who before with other subiects held their Allegeance inuiolated to their Soueraignes were now by a new policie of Popes brought by Oath to the Popes subiection and forced to violate their Allegeance to their Princes Consider then what seruice Princes may expect from Popishbishops who are so bound by Oath to the Pope that they can doe no seruice either to God or their Prince if it be against the Pope but they must violate their Oathes And this is the great bond of their spirituall Iurisdiction as they call it The Popes haue wrested from Princes their auncient right by violence excommunications warres and great bloodshed these rights of Princes thus withdrawen from them the Popes hold as matters of their Iurisdiction and to strengthen them herein they bind Bishops and other chiefe of the Clergy by Oaths to themselues against their owne Kings these practises set the Pope in the possession of this Iurisdiction 36. Onuphrius speaking of that Oath which all Doctors tooke that were to bee made Bishops doth at large set downe the forme of it and among other particulars this Romano Pontifici B. Petri Apostolorum principis successori ac Iesu Christi vicario veram obedientiam spondeo ac iuro This Oath was ministred to all that proceeded Doctors which was the cause that some men of great worth and learning refused to take that degree in those dayes for besides other daungers it brought two great mischeifes vpon them that tooke it The first concerning Allegeance of subiects to their kings the second concerning Bishops or Doctors that might be called to a Councell For if a quarrell fall betweene the King and the Pope it is hard for any man to be a true subiect to the King that taketh such an Oath to the Pope Especially when the Pope must interprete that obedience which is vowed and sworne to him in such a sort as that it includeth a contradiction to the faithfull seruice and Allegeance which euery Subiect oweth to his King Moreouer if a Councell should bee called to determine Religious affaires and to reforme the abuses of the Court of Rome how can sinceritie and indifferencie bee expected of them that are aforehand bound by Oath to the Pope and ingaged so farre that as a Pope chargeth the Bishops of Germanie they cannot speake the trueth against the Pope but they breake their Oath And therefore since this Oath was exacted of the Clergie there were neuer such free sincere and holy Synodes held like to those which were in former times But of all Oathes or vowes that is the most seruile which the Iesuites by vertue of their Order professe to the Pope that they will serue him as Christs Vicar 37. These Oathes by the Pope were first exacted of Archbishops though in processe of time they came to bee farther imposed To this purpose there is a Canon in the Decretals of Gregorie the ninth which Canon because it openeth somewhat both of the reason and antiquitie of this Oath I will set downe the whole Thus it is Significasti Reges