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A20775
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A discourse of the state ecclesiasticall of this kingdome, in relation to the civill Considered vnder three conclusions. With a digression discussing some ordinary exceptions against ecclesiasticall officers. By C.D.
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Downing, Calubyte, 1606-1644.
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1632
(1632)
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STC 7156; ESTC S109839
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68,091
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106
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for him to get began to practise the like domineering humour upon the other Potentates of Christendome sending his letters of claime to the Kings of France England Scotland Denmarke Poland Hungarie But being opposed by Philip le Beau King of France hee did flie backe to the Emperour for succour who then was Albertus the first Emperour of the house of Austria for though his father was Emperour yet hee was not of the house of Austria neither of the old Marquesses nor late Dukes but Earle of Hansburg who had conquered the Dukedome of Austria for his sonne This Boniface the Spaniard first began the faction betwixt the Kingdome of France and the house of Austria by giving the Kingdome of France to Albertus These two better agreed then any because the Pope had taken off the Emperour from seeking his owne right in Italie by imploying him as his champion to enlarge his dominion in other Kingdomes and partly because the Emperour had good hope to continue the Empire in his familie as it hath neere foure hundred yeares From which time the Emperours and Popes disagreements were not so frequent but onely when some French favourers were Popes and they sate at Avinion as Clement the fifth with Henry the seaventh and during the times of the Councels of Constance and Basill But by reason of the schismes in the Roman See they did one another neither much good nor harme vntill the time of Alexander the sixth a Spaniard who was exactly ambitious a great lover of his countrie and one that did much for it Anonymus Hisp in vita Alex. For hee joyned with Ferdinand the first Catholick King helping him to subdue Spaine and therefore first brought in the Inquisition Contra los Iudios y mores que le aviantornado Christianos which Caranza Arch-bishop of Toledo saith Ferdinand conceived himselfe bound in conscience to vse by vertue of an oath taken with an imprecation by one of his predecessours in the fourth Councell of Toledo Baronius Annal An. 637. which Baronius so much commends This Pope also bestowed vpon him the then discovered Indies with many other favours and for his sake and in opposition to the French hee was as fast a friend to the House of Austria as his deepe dissimulation would suffer him Philip. Cominoeus lib. 8. and the rather because they had lately matched with the House of Burgundie which much weakned the French force and strengthned their factions Thuanus hist. lib. 4. But then most when Philip the heire of the House of Austria and Burgundie incorporated himselfe with Spaine So that I will conclude these things considered that this forme is onely safe and convenient for those kingdomes that propose conquests and can rule it as the protectors of it § 5. So then seeing this Clergie is not for vs I will consider of the other which for distinct proceeding we may call Democraticall When the three Prime Potentates of Christendome were Charles the fifth Henry the eighth Francis the first such as deserved and desired to haue all the soveraigne power that could of right belong vnto them and yet were contrariwise vsurped vpon and deprived of all their eminent supremacie in those things that most concerned them perceiving some beginning to question the Pope a course of relieving themselues they began to vrge a Councell for reformation not onely in doctrine and manners but also in point of Ecclesiasticall government But it was so long vrged by them to no purpose that Henry the eigth advisedly wrote to the other That seeing the Pope had so long put it off Histo Trid. and now intended to hold it within his owne territories it were the best course for every one to reforme his owne Kingdome and he did so with the advise consent and desire of the Church and Statâ— representatiue No sooner was a reformation in any degree setled but presently it was excepted against by some that favoured the Church of Geneva as not fully reformed because not agreeing with their new neat platforme that was vrged vpoÌ„ vs as the only Apostolical government of the Church But I marvell how such an exact government should be so suddenly framed or else which is more strange that they could so conceale their happy invention as that Francis the first a King of France that searched into his government as much as any should not know of it For I am very much deceived if hee had not beene much mistaken knowing of this project to desire the Councell might be held at Geneva being it was Diametrically opposite to the Romane But our State had no reason to receiue it Hist Trid. For though it was necessary not onely in reason of State but also out of conscience that after we perceived the indisposition of the Romane Clergie to reforme themselues which they seem to hold impossible For though every Cardinall takes an oath in the vacancie yet it cannot binde him when he is Pope wee should then performe our duty especially seeing it stood with the publick good Yet neither of these considerations did engage vs to accept of such a forme of Clergie as seemed to runne a cleane contrary course seeing we propounded not an innovation but a reformatioa that being as dangerous as this was necessary it could not here be entertained without an vniversall innovation Now all stirring changes are dangerous especially when the body of the common-wealth is full of diseased discontented humours Because all alteration sets the humours a working and one humour being a-foote stirs vp all the rest either alluring by sympathie or provoking by antipathy and when they are once a-foote it is to be feared that they will not onely disburthen the body of malignant oppressing cruâ—â—ties but weaken it in the most principall parts causing it to receiue a disposition to the like distemper vpon every small distaste But it is most dangerous to innovate in that part of a common-wealth that is most essentially actiue and hath beene lately recovered especially if the matter proposed doe minister any cause of relapse Both which seem too true in this new discipline which gaue an occasion to the Clergie to revolt in the denying the supremacie which they lately acknowledged And being a forraine French devise might seeme to come within the compasse of a praemunire for intrusion as well as that of the Church of Rome for vsurpation But this was only propounded not brought in and that by men who were by some beleeved to be faithfull to our State And it may be they had no dangerous aime in it yet it would haue beene very dangerous for our kingdome since it did necessarily induce an alteration in the profession and practise of the lawes which by reason of their long vse are as it were naturalized into the manners and disposition of our nation 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist Rhetor. l. 2. cap 11. It must necessarily haue conferred ruines vpon our schooles of learning and hospitals
his Majesties particular reasons for I should not be able to finde them out because a Kings heart is not to be sounded and searched by a private head that is not able to conceiue the heigth of their ends but I will discourse of it a hee is our King â—f from a single relation there doe arise as singular respect surely a double portion of respect will follow a double relation Now this Aristocraticall Clergie haue not onely relation to their Prince as hee is a crowned King and they his lawfull subjects but also as hee is the Lords annoynted defender of the faith according to his just title as his Maiestie pleases to speake in his declaration before the Articles For they also are the Lords annoynted deliuering that faith and the Primate of them the immediate instrument of his consecration so that as by the crowning they are by right his subiects so this annoynting of God superinduceth a brotherhood betwixt Kings and Bishops as Sr Francis Bacon in his Booke to King Iames for this relation is onely ancient in our Kings amongst the Princes of Christendome for though as our Soveraigne is crowned by the Archbishop of Canterbury so the Emperours when they were Kings of France began to be annoynted and crowned by the Archbishops of Mentz Collen and Trier as they were Emperours and by the Archbishop of Rhemes as they were Kings of France Yet the Kings of France of the first line at least were not annoynted as one of the freest Historians confesses De la primiere Lignèe oinct ny sacre à Rhemes Girarddu Hallon des affoâ—â—es l. 2. And though the Kings of Spaine are crowned by the Arch-bishop of Tolledo the Kings of Denmarke by the Arch-bishop of Vpsale the Kings of Polonia by the Arch-bishop of Guesire the Kings of Hungarie by the Arch-bishop of Strigon the Kings of Navarre by the Bishop of Pampolune yet none of them were anciently annoynted Now it cannot be denied but as this reall relation doth more peculiar and appropriate the State Ecclesiastick to our King Vid. Legibus saucti Edvardi so it makes him not onely the supreame head and governour but also the chiefe guide and guardian for by it he is more than a meere Lay-man hee is a mixt person having supreame Ecclesiastick as well as Civill government Reges sancto oleo vncti sunt spiritualis iurisdictionis capaces Which sentence was applied to our King in the time of Edward the third 33. Ecâ— Aide lâ— Gryme 12. §. And Guymer in his Comment on the pragmaticall sanction of France is peremptorie quòd Reges inuncti non sunt meri Laici and addes inde Reges Angliae conferunt beneficia So that by this is there some addition granted to the power of Princes over the Church Though the old glosse vpon the Clementines avouch quòd vnctio nil addit ad potestatem Imperatoris which the Gregorian edition of the Common Law did well to dislike Clemeâ— tit 6. Regis but they should haue done better not to haue given a worse And if it adde to their power over the Church then as they haue more right by it so they haue more reason from it to doe what good they please for the Clergie So that doe but consider the quality and qualifications of our Kings person to doe for his Clergie and you will say he hath greatest reason of any Prince Consider againe the reasons on the part of the present State Ecclesiasticall and you shall finde that they deserue more of their Prince than any Clergie these foure hundred yeares § 5. But I must presuppose before that will be granted that our Monarch of great Brittaine hath not any reason to giue or bestow meanes and revenues vpon any forraine State Ecclesiasticall No Prince hath reason to bestow â—is free favours vpon any over whom hee hath for the present no right to rule nor hath heretofore promised it neither by himselfe or by his predecessours and thereby bound himsesfe to farther and favour them So that though the Romane Clergie doth claime and clamour for revenues and priviledges from our King yet as they haue no right to claime them so they haue no reason to expect them for they are so farre from being his deserving domestick subiects that they are his deadly enemies though they be imbred and homebred They haue not then any right for neither our K. nor any of his lawfull predecessours did ever binde themselues to any such performances Later better learned writers of the Romish faction finding by the carefull and curious examination of sundry passages in infinite interpreters how hard a thing it was to proue their vniversall supremacie in temporalibus by direct evidence out of Gods word resolue to proue it by Charter-grant and priviledge from Princes pieties as Augustinus Steucus Librarian to Pope Paul the third sets downe the claime the Pope laid to all the kingdomes in Christendome grounding all from the particular grants from the Kings but especially Boniface the eights letter of Demands As for instance from Constantine the first and the best one Phocas the first and the worst from the vniversall gifts of those vniversall Emperours they ground a generall right in all kingdomes The Bononian Canonists deale cunningly and seeme to deale ingenuously playing the sophisters more than the sycophants in this point discoursing of this donation of Constantine for they lay it downe as a presupposed presumption in the Law That there is such a true deed notwithstanding there be no mention made of it in any part of the sincere Civill Law Sed quae notabiliter fiunt specialiter notanda sunt But they never question it de facto but enquire quo iure and an sit revocabile and since they doe not full affirme that he gaue it vp â— will not so much as shew the falsitie of it but referre all to the most judicious and modestly moderate amongst them But for Phocas his grant Covâ—â—â—u vias 〈◊〉 quest c. 1 mem 9. Decius Consil 130. a faithlesse vsurping tyrant I leaue it to be judged of by those that chuse to measure claimes and titles by the line of equity and not by the Last of ambition Yet thus I will inferre against it that a Charter granted as this was chiefly vpon a ground of cunning with a purpose to maintaine a plot by partie which was vndertaken and begun by fraud might haue beene after revoaked by himselfe or anulled or repealed by his successours And farther I say that though this grant were authentick in all points yet the Popes could haue no right to this kingdome by it because this kingdome was excluded from the care protection and providence of the Romane Empire neere two hundred yeares before Phocas For Aelius L. Lieutenant for Valentimanus in the parts of France Polyâ— cap. 1 sent word to the Brittains that they were to looke for no more ayde from the Empire which was fallen into faction scarce able to