a Canon in some Church notwithstanding the priuiledges of that Church the customes to the contrary or statutes confirmed either by Oath or by Apostolicall confirmation or by any other strength c. By this Lawe as by many other it appeareth that the Popes Canons allowe that men should goe against their owne Oathes when the Popes letters doe commaund them so to doe Which is a forbidding of things honest iust and godly and commanding thinges euill and vnlawfull Therefore these Lawes forbid vertue and commaund vice and are consequently no iust Lawes in the iudgement of Bellarmine 89. The last condition that in Bellarmines opinion is required to make a Law iust is drawne from the forme Because saith hee the Law must keepe that proportion in distributing honours which the Subiects haue in the Common-wealth For example saith he if the Pope should make a Law that onely rich and noble men should be made Bishoppes and not poore and meane men otherwise more learned and more worthy this Law were simply vniust but it is certaine that the Popes Lawes are such I speake not here of their corrupt practise which since the Canon lawes came in was neuer found without strong and strange Simonie but I speake of their Lawes which command it For who made that Law which saith Pallium non datur nisi fortiter postulaâ—…i The Pall is not giuen to any man vnlesse he make a strong suit What is meant by a strong suit they know best that haue purchased Palls at the Popes hand But it is certaine that a poore man did neuer purchase a Pall therefore poore men though more learned then the rich purchaser are excluded from this honour by the Law that alloweth none to make suit but such as can make strong suit then the Law is vniust by Bellarmines confession It is also an vniust and an vngodly Law which saith Though the Pope should draw innumerable soules with himselfe downe into hell yet no mortall man may presume to say to him Sir why do you so It is an vncleane Law which so strictly denying the mariage of Priests yet doth allow them to haue Concubines Many other Lawes there be of this forme So that by all those conditions which Bellarmine will haue to be requisite in all Lawes that bee iust the Popes Lawâ—…s are found to be vniust By all which is euinced that the Pope commeth in his owne name maketh Lawes to rule those Subiects ouer whom he hath no authority respecteth therein his owne ends taketh vp a new Iurisdiction which hath beene denied by the auncient Bishops and which was vnknowne in the world all the while that the Popes liued vnder the obedience of the Emperours as other Bishoppes did vnder seuerall Princes § 7. Of Appellation 90. ANother part of this pretended Iurisdiction stoode in appellation to the Pope This they haue chalenged but it hath alwayes beene denied by the Kings of this land as being a thing preiudiciall to the auncient Lawes and customes of the Kingdome The first question about appeales in this land that I can finde began by Anselme Archbishop of Canterburie in the time of William Rufus For after that some breach was made betweene the King and the Archbishop the Archbishoppe Anselme desired leaue to depart the land to goe to Rome for his Pall. The King perceiuing that hee had a purpose to appeale to the Pope Aunswered That if hee should appeale to Pope Vrban or any other for at that time two stroue for the Papacy without his leaue then should he falsifie his alleageance The King reasoned thus saith Malmsbury Consuetudo Regâ—…imes est à Patre meo instituta vt nullus praeter licentiam Regis appelletur Papa Qui consuetuâ—…ines Regnitollit potestatem quoque toronam Regni violat qui coronam mihi aufert inimicitias infidelitatem in me agit For there was contention betweene the King the Archbishop First because the Archbishop would nominate a Pope without the Kings leaue Secondly because he would appeale to the Pope Concerning this matter of appeale the same Author a little after declareth that there grew an hot contention betweene them Anselme his answere was Tues Petrus super hanc Petram c. And therfore quoth he to the King the obedience which I offer to S. Peters Vicar is not against mine alleageance to the King Thus had the Popes with a strong kind of poyson as it were so enchaunted those words of holy Scripture as to make them serue for a cloake of disobedience and breach of alleageance to temporall Princes Anselme being further vrged by the King that he had promised to keepe all the customes of his kingdome and hee was bound to performe alleageance aunswereth thus What doe you tell me that I breake mine alleageance to the King by appealing to the Sea Apostolique I grant I promised but conditionally that I would keepe those customes which are agreeable to the lawes of God and honesty And therfore where you tell me that I haue broken mine alleageance by preuaricating your laws in appealing to the Sea Apostolique sauing your honour it is not true if another had spoken it For the faith which Iowe to the King I haue it from the faith of God whose Vicar is S. Peter to whose Sea I appeale with much stirre and strife to this effect Anselme held his resolution stiffely 91. Nowe let the Reader bee entreated to compare these times with the times of the Affrican Councell and Anselme Archbishop of Canterburie with Augustine Bishop of Hippo. S. Augustine with the rest of the Affrican Councell condemned appellations to Rome as standing against godlinesse order the freedome of the Church as quenching the light of simplicitie as inducing darkenesse pride and ambition into the Church Now that which in Saint Augustines time was vngodly can it be made godly and lawfull in Anselmes time Yet Anselme we see maketh this thing the cause of God Augustine condemned appellations to Rome simply without consideration of disobedience to Princes What then would he haue done if thereunto had beene added the commaundement of his Prince against such Appellations Anselme standing for Appellation to Rome which Augustine denied and withstanding the iust and 〈◊〉 commaundement of his Soueraigne hath no other coâ—… to cast ouer the matter then the pretence of God and Saint Peters Vicar If this obedience had beene required of God to Saint Peters Vicar in Anselmes time Why was not the same required and yeelded in Saint Augustines time This is the difference betweene the opinions brought in by men and the truths of God that the one standeth alwayes the same in the Church without chaunge the other hath his times of rising and falling as this opinion of Appellation to the Pope which was so strongly reiected by Augustine found a time to rise vp betweene the pride of the Popes and the seruile flattery of some Bishoppes And what greater signe of pride in the Pope and
had done commaunded Letters to bee fixed vpon the Church doors filled with threatnings and curses against Lodouicke if within three daies he did not make satisfaction to God and the Church by the Church vnderstanding himself vtterly desist froÌ„ administration of the Empire When three daies were expired hee pronounced him contumacious and thundred out his excommunication The Emperour sent his Ambassadours câ—…auing pardon promising satisfaction for any thing he had done amisse to the vtmost of his power wherevpon the Pope prescribed him a forme of reconciliation hard shamefull dishonourable that he shall confesse against himselfe all heresies and errours that hee shall relinquish the Empire and commit himselfe his children all his goods to the Popes mercy This the Embassadours sealed and confirmed But when this forme of reconciliation prescribed by the Pope came to the Emperours fight he sent copies thereof abroad to all the Princes and presently called a Diet at Franckfort the Princes iudged the presumption and pride of the Pope to be intollerable and therefore reiected this prescribed forme of his as being deuised to the bane and ruine of the Empire and promised the Emperour assured and faithfull aide if he would maintaine the liberties of the Empire as hee had done The Pope like a Tyger disappointed of his prey enâ—…red into a deeper conâ—…piracy against 〈◊〉 purposing an vtter extirpation of him and his posterity as the Popes his predecessours had done before to the house of Sueuia exterâ—…ninating all the feed and posterity of the Frederickes 149. And therefore this Clement at Masse curseth Frederiâ—…k againe renueth all the processes of Iohn the two and twentieth against him declareth him to be hereticall and schismaticall deposeth him from the Empire and commaundeth the Princes to proceede to a new Election To effect his purpose the better he remoueth Henry de Wirtenberg from the Archbishopricke of Mentz this man was deposed because he fauoured Lodâ—…uick and in his place he set Gerlac his Chaplaine Gerlac the newe Archbishoppe calleth the Princes to Rhenes and to goe thorough with his businesse which the Pope had giuen him in charge corrupted the Archbishoppe of Colon and the Duke of Saxony with great summes of money to confent to the Election of Charles sonne to the King of Bohemia They did so and Charles was elected â—…t Rhenes and afterward crowned at Bouna But after this when Lodouickeâ—…oned â—…oned the Princes of Germany to Spire there was not one found in all the Cities of Rhene Sueuia Franconia that regarded the election of Charles or the Popes processe The administration of Mentz was by Lodouiâ—… committed to another After that Lodâ—… had thus with great moderation and courage maintained his estate against the Pope and Charles so that his aduersaries had no hope to preuâ—…ile against him by force the next newes was Lodoâ—…icke was of a sudden fâ—…d dead This is the singular luke of those Princes that falling into the offence of the Pope will not be ouercome by force Some write that he was poysoned as he was to goe on hunting that by the agitation of his body the poyson might worke more effectually Charles the fourth 150. AFter the death of Lodouicke Charles the fourth whom the Pope aduanced to the vtter ruine not of Lodouicke only but of that Empire did by the instinct of his Ghostly father lay the Empire in the dust so lowe that it neuer rose vp to any such height as before him it held At his Coronation the Pope bound him with an Oath neuer to come to Rome nor to make longer abode in Italy then the Pope himselfe thought good Now to make Charles to waste and consume the reuennues of the Empire this cunning was vsed diuers competitours of the Empire were set vp against him to 〈◊〉 one competitor hee gaue two and twenty thousand Markes and two imperiall Towns in Thuringia to Fredericke Marquesse of Misna tenne thousand Markes There were at Millain at this time they who were called Vicounts who grew great and practised their tyranny oppressing the Cities of the Empire The Pope desired that they should be repressed but so that himselfe might be aduanced and therfore by the helpe of Charles he got many Cities out of their handes Charles being thus drawne to dilapidate the reuennues of the Empire dealt also secretly with these Vicounts to whom for a great summe of money he sold Millain and confirmed them in a perpetuall Office to be Vicars of the Empire after which time these Vicounts rose to a great Dominion in Italy The Kingdome of Arles which Oâ—… the first had conferred vpon the Empire hee deliuered to the French King for a great dinner at a Towne â—…eere to Auinion Sixteene Cities of Sueuia part of the Empire he sold to the neighbour Princes Bopardia and Wesali a imperiall Cities he morgaged to Cuno Archbishoppe of Triers Lusatia hee confirmed to the Kingdome of Bohemia for euer corrupting the Archbishoppe of Magdeburg for a great summe of money to sell the right of his Church for the Archbishop before that time held Lusatia of the Empire That Wenceslaus his sonne a man giuen to idlenesse ryot and pleasure might be chosen Emperour after him he practised a newe example promising to euery Electour an hundreth thousand Crownes and wanting money to performe this promise to some he morgaged the reuennues of the Empire to the Palatine of Rhene he morgaged Caesarea Luthrea Oppenheim Odenheim Ingolheim for an hundreth thousand crowns By this meanes the Maiesty of the Empire was throwne so flatte on ground that since it could neuer holde vp the head This the Pope long sought and at last by meanes of his vnblessed sonne Charles effected Wenceslaus 151. AT this time began a schisme in the Church of Rome betweene Vrban the sixt and Clâ—…ent the seuenth This was the greatest schisme the most terrible and longest that euer was in that Church it held fiftie yeares and could sâ—…arce be appeased by two generall Councels of Pisa and Constance In this schisme Wencestaus fauoured Urban in whose behalfe he sent his Ambassadours to Clement whom Clement vsed without all clemency for in a sauage manner he tortured them with exquisit tortures After this Boniface the ninth deuised a new practise to robbe the Churches of Christendome imposing the vse of Annates vpon all Benefices that whosoeuer obtained a Benefice should pay one halfe years profite to the Pope some say that Iohn the two and twentieth first deuised this robbery Whosoeuer inuented it the Popes like vnsatiable Harpyes deuising all meanes to bring confusion and misery vpon the Church to satisfie the Horse-leach that will neuer be filled increasing in couetousnesse increased these Annates in times and brought them to first fruites raking one whole yeares profite away from the Incumbents Wherein of these Harpyes we may say as the Poet saith of those other Harpyes Vestigia fada relinquâ—…t But the godly Princes
much lesse dissolution to the states of this world but the gouernement of the court of Rome now commonly called the Church of Rome breedeth trouble and dissolution to the states of this world therefore the gouernment of that court is contrary to the gouernment of Christs Church the assumption is a confessed truth too well knowen that the gouernment of the Popes court or Church breedeth trouble and dissolution to States by excommunications The proposition is prooued by the aunswere of Christ to Pilats feares my kingdome is not of this world whereby hee satisfieth Pilate that he needed not feare any trouble or dissolution of established authoritie by him for this was Pilats feare So that if wee admit that Christ did aunswere to the purpose and that Pilats feares and suspitions were remooued by his aunswere it must be confessed that by that aunswere the State was secured that Christs gouernement would not raise any trouble to it or procure the dissolution thereof And it must be well obserued that Christ thus securing the present State doth not speake of his owne person onely but vndertaketh for all that belong to him and his kingdome Therefore he saith not I am not or my person is not of this world but my kingdome is not of this world Then as hee secureth this State from any trouble that they might feare from his person so he secureth all States of the world during the time of this world from all troubles that they might feare from his members and from his kingdome which is his Church Wherby it followeth by strong euidence of reason that they who put States in feare of troubles or work the dissolutiō of Ciuill gouernment as the Pope doth by excommunication are not the members of Christ nor belonging to his kingdom 15. This is further declared in the same place by the words following If my kingdome were of this world then would my seruants surely fight that I should not be deliuered to thee In which words wee finde that Christes seruants may not fight not stirre vp tumults vproares and warres for the maintaining of their kingdome Therefore that Kingdome for which they raise so much warre is not the kingdome of Christ not Christs Church nor they that raise vp such warres Christs seruaunts Christ forbiddeth his seruaunts to fight for him and his kingdome the Pope commandeth his seruants to fight for him and his kingdome Can you haue two kingdomes more opposite two Kings more contrary 16. This doctrine that the Church may not stirre vp any vproares or warr◅s against the Magistrate hath beene alwayes maintained by the auncient Fathers For we finde that in the greatest persecutions the auncient Bishops taught Christians alwayes to liue in peace and to pray for the Emperours and gouernours though they were persecutors according to the commaundement of Christ Loue your enemies and pray for them that persecute you Iustin Martyr saith We pray that you speaking of the Emperour may be found to haue a good and sound mind with your imperiall power Plinie writing to Traian of the auncient manner of Christians saith they assembled to worfhip Christ and bound themseluer in a Bond not to set vppon any wicked practise Sed ne furta ne latrocinia ne adulteria committerent ne sidem fallerent Contrary to which practise the Pope by his excommunication deposing of Princes and discharging subiects from their oath and Allegeance bindeth men to raise warres and tumults to breake and violat◅ their faith and to commit many disorders Tertullian saith Cramus pro Imperatoribus c. That is We pray for Emperours for their deputies for powers for the State of this world for the quiet and peaceable gouernment of things Contrarie to which the Popes raise warres make the gouernment of States tumultuous and take away peace from the earth Optatus saith For good cause doth Paul teach that we must obey Kings and powers yea though an Emperour were such an one as liued after the manner of the Gentiles Augustine saith we are not to yeeld this power to any but onely to God the power I say to giue kingdomes c. Who giueth earthly kingdomes both to godly and vngodly And in another place hee prooueth that euill Kings and Tyrants are to be obeyed wherof he giueth a reason because saith hee Men consist of two parts a bodie and a soule as long as wee are in this life and neede the helpes of this life we must by that part which belongeth to this life be subiect to the powers of this world but by that part whereby we beleeue in God we owe no subiection to man but onely to God Ambrose saith If the Emperour should commaund any thing vnlawfull hee would not obey neither durst he resist by force but onely beare with patience Arma enim nosta sunt preces lachrymae Gregorie the first was so farre from this tumultuous disposition of his successours that hee held himselfe bound to obey the Emperour in the promulgation of that law which he thought the Emperour should not haue made Ego quidem iussioni tuae subiectus saith he to the Emperour Maurice eandem legem per diuersas terrarum partes transmitti feci quia lex ipsa omnipotenti deo minime concordat ecce per suggestionis meae paginam serenissimis dominis nunciaui vtrobique ergo quae debui exsolui quia Imperatori obedientiam praebui pro deo quod sensi minime tacui So farre were these auncient Fathers from the newe and strange practises of disobedience and rebellion against Magistrates which is nowe so stiffely taught and vnmercifully executed by the Popes vassals vnder pretence of Religion 17. But they tell vs that the Pope vseth onely his spirituall censures hee excommunicateth Kings for heresie or schisme and thereby deposeth them and dissolueth the obedience of Subiects I answer excōmunication as it is a censure of Christs Church containeth no coactiue power that is no such power as to depose Princes or to dissolue the faith and alleageance of Subiects Which thing is proued both by the vse of excommunication and by the power of the Church First if we consider the vse of excommunication we finde it was vsed in the Church of the Iewes and from them taken by the Church of Christians Then excommunication being found among the Iewes in his full vse and force all the kindes there of being distinctly obserued by the learned Iewes namely by Elias Leuita who obserueth out of the writings of the auncient Rabbines three diuers kindes of excommunication in vse in the Iewish Church it followeth that this censure of the Church can be no farther extended in the Church of Christians then it was in the Church of Israel where it was first instituted and established But in the Church of Israel it was neuer extended to deposing Kings and destroying obedience of Subiects therefore in the Church of Christians it may
an Oath to stand to the Popes iudgement that at the pleasure of the Pope before the triall of his cause he should be ready either to leaue or to retaine his Kingdom that he should vse no Princely habite or ornament in the meane time that hee should not vndertake any part of gouernement that he should not exact an Oath of Allegeance of his owne subiects that hee should neuer reuenge this wrong vpon the Pope When he had thus hampered the Emperour with an Oath and with such strange and mercilesse conditions such is the Popes mercy where he is Master behold a stratagem a president of humility godlinesse patience mildenesse of a Pope he set vp Rodolph Duke of Sueuia against him in battell 40. The Popes hauing once extorted an Oath of the Emperour were desirous vpon such presidents to make lawes for they had no other meanes to build vp their Iurisdiction therefore when as first by force they extorted some Oathes afterward they set such examples in their Canons and last of all they expounded those Oathes which sometimes Emperours tooke to be Oathes of Allegeance to the Popes For this purpose there is a Canon in the Clementines Clement the first confesseth that Henry the seuenth Emperour refused the Oath which he would haue imposed vpon him and so doe other stories witnesse that the Emperour refused to take that Oath But if we will beleeue Clement in his Canon Henry afterward yeelded to that Oath but would not acknwledge that it was an Oath of Allegeance because the Emperours neuer sweare Allegeance to Popes but Popes to Emperours therefore Clement in that Canon declareth that these which some Emperours yeelded to some Popes were Oathes of Allegeance Declaramns saith he iuramenta praedicta fidelitatis existere censeri debere That is We declare that the foresaid Oathes are and must be accounted to be Oathes of Allegeance 41. By this we see how highly they would aduance the hornes of this Iurisdiction And still we finde this confirmed that the Oath which is giuen to the Pope is vnderstood an Oath of Allegeance And to certifie vs yet more fully of their meaning it is set downe not onely as a law in their Decretals but published as an ordinarie Ceremony which al must take knowledge of In the booke of their Ceremonies it is said that an Oath is to be ministred to all Emperours before their Coronation and before they enter the territories of the Romane Church The Oath is there thus set downe I will exalt the Pope secundum meum posse vitam hee shall neither loose member nor honour by my will councell consent or exhortation In Rome I will make no Decree or ordination of any thing that belongeth to his Holinesse without his councell In the same booke and place before cited it is said that Fredericke the third Emperour tooke that Oath 42. In this Mysterie of Oathes they haue proceeded so far as to exhibite an Oath not onely to the Clergie but to the temporall subiects of other Princes whom they may poyson and peruert by reconciling them to the Pope which as it is a practise most dangerous to them that are so taken and insnared as Birds in the net of their owne destruction so is it no lesse pernitious for such Princes from whose obedience these are drawen whereby the Pope seemeth to bring the question of Iurisdiction to an issue with the Princes of Christendome whether he shall ouerthrow them or they him for it is not possible that both should stand vp together for what is left to Princes if their Crownes and the hearts of their subiects be taken from them Or what is it that Princes can haue a more tender feeling of then of their Crownes and of the hearts of their subiects And what is more forcible to steale away the hearts of subiects from their Prince then to binde them with an Oath of Allegeance to another Prince Then these men that haue bound themselues by an Oath to the Pope how is it possible they should performe true Allegeance to the King For that the Oath which is exhibited to the Pope is an Oath of Allegeance and fidelity the Popes themselues by their Decretals haue assured vs. And if you will seeke it out this you shall finde to be the true reason why Pope Paulus the fift in his late Breues hath forbidden the Recusants of this land to take the Oath of Allegeance to the King because they haue taken an Oath of Allegeance to the Pope Now it is not possible that a man should performe Allegeance to two Soueraignes if one be vassal to the other happily one may hold Allegeance to two as for example a Tenant may sweare homage to his Land-lord and to his Prince also but this cannot be done to two Soueraignes And if one shall take an Oath of Allegeance to diuers Lordes it is concluded that if the Pope be one of those Lords he must be obeyed before all other whatsoeuer Then it is not a Fatherhood in the Church that the Pope striueth for but a power ouer Princes by weakning and vndermining their authority withdrawing the hearts of subiects exacting an Oath of Allegeance of all whom they can reconcile and not permitting their Conuerts to take an Oath of Allegeance to their owne Soueraigne Princes And because we find that moderate and conscionable Papists as Master Hart in the conference with Doctor Reynolds and such like being driuen to vnderstand the cause aright cannot chuse but iustifie our cause and will not yeeld to the Pope a Princehood ouer the world but onely a Fatherhood of the Church not graunting to him a power to depose Princes confessing also that the power which we giue to Princes is not vnderstood of themselues for they before they will vnderstand our cause thinke that wee meane to giue as much to the Prince as they doe to the Pope therefore we haue reason to rest herein assured that if the Iesuites entred not into the Popes battels with a Pontificall furie the Pope would vtterly be forsaken in this wherein all moderate spirits haue already forsaken him or if hee would relinquish this part of the quarrell which hee maintaineth against temporall Princes happily he might make himselfe much more stronger then he is or possibly can be by following this coâ—…rse But as the end is not Religion but a worldly Principality that they shoot at so the meanes which they vse are not the courses of moderation conscience and religion but of force and furie they will haue all or loose all Wherein the wisedome of the Iesuites will be called into great question for setting the Pope vpon such desperate courses at least for being the onely instruments of these new and furious practises which doubtlesse will in the end make an end of his Kingdome §. IIII. Of Inuestitures 43. HAuing spoken somewhat of the meanes whereby this Iurisdiction was sought wee are now to speake of the
of the Popes Canons which vse the same word shall it be thought a sufficient refutation on the other side to say the word was not then vsed and bring no reason thereof Then this thing was vsed in Charles his time and the name of Inuestitures knowne The same thing was vsed long before Charles his time but not vnder the name of Inuestitures This name and the ceremonie of a staffe and a ring came in by the Lumbards Then whether we consider the thing without this new name and ceremony or with it wee finde it alwayes the Princes right Thus Sigebert is iustified the truth tried and the Knaue knowne 62. Now to come to the Kings of England as their authority was no lesse then the authority of other Princes in their Kingdomes so more we seeke not And therefore whereas a certaine Catholique diuine telleth vs that Henry the first chalenged Inuestitures as vsed by his father and brother before him whereof yet saith he we finde no expresse proofe or example in any of our Histories that they had vsed them much lesse that they were lawfully graunted how strange is this dealing beseeming none but such as he is For is not this proofe good and sufficient when the King chalengeth no more then that which was in fresh memory and vse in his brothers dayes and fathers When wee finde so many testimonies of Story of Councels of Popes that there was no other right of giuing Inuestitures knowne through Christendome then the right of Princes shall base persons quarrell the testimonie of a King founded vpon such proofes Let the world iudge of the learning of him who writing hee knoweth not what will tell vs that the sense deuotion and iudgement of the world was neuer to the contrary fancying conclusions like a dreamer not prouing like a disputer Now touching the particular of Henry the first it is certaine that hee began no new custome but Pope Paschalis the second began to debarre him from that ancient custome and right which he and his Elders had alwayes vsed 63. For thus Roger Houeden reporteth In the yeare of Christ one thousand one hundred and three a great dissention grew betweene King Henry and Anselme Archbishop of Canterbury because the Archbishop would not consent that the King should giue Inuestitures of Churches Neither would he consecrate those Bishops to whom the King gaue them Because the Pope had forbid him all the rest to do so Quia Apostolicus saith he sibi omnibus interdixerat And againe he saith Quibusdam ad hoc nitentibus vt Rex eas faceret more patriâ—… fratris sui non iuxta praeceptum obedientiam Apostoliei Because the Pope had forbidden him the rest c. Some perswaded that the king would make Inuestitures after the custome of his father and brother and not according to the precept and obedience of the Pope Where note that it is not the Kings allegation that this was his fathers and brothers right but it is a truth acknowledged by Hoâ—…eden maintained by the Barons denied by none Against which there was nothing then known but onely the new Precept of Pope Paschalis The same Author declareth also that these customes and prerogatiues were not imposed by the King but sought out with exact care diligence by the Bishops Barons iointly For speaking of these customes in the time of Henry the second he recordeth an Epistle which the Bishops of the Prouince of Canterbury wrote to Thomas ' Becket wherein they testifie thus much Ne super his contentionis funis traâ—…eretur in posterum noticie publica delegari ad iuratis itaque per sidem per eam quae in Deum spes est maioribus natu Episcopis alijsque Regni maioribus retroacti temporis insinuato statu dignitates requisitae palam prolatae sunt summorâ—… in Regno virorum testimonijs propalatae Least this occasion of contention should proceede any farther heereafter it was brought to publique triall Therefore the most auncient Bishops and other Barons of the Kingdome tooke an Oath by their faith and by that hope which they haue in God to make a true search whereupon looking into the times past the priuiledges of the Kingdome were sought out and published and divulged by the testimonies of the greatest persons in the Kingdome Then these customes and auncient priuiledges of the Kings were sought out by the grauest and most learned of the Bishops and Barons they were sworne to deliuer the trueth as they should finde it in the auncient Records of the land After all these expresse proofes a masked Romane Catholique telleth vs that no proofe heereof is found in all our Stories If this mans Catholique diuinity were examined as when opportunity serueth it shal be it will appeare that it consisteth of extreme confidence and impudency patched vp with a fewe smooth words without knowledge of Diuinity or of solid learning 64. After this Calixtus held a councell at Rhemes wherein hee condemned all Inuestitures taken from a lay hand With this Pope Henry the second King of England met in conference at Gisars in Fraunce The King pressed the Pope that he might noâ—… be disquieted in his auncient right that the auncient Lawes and customes of his Kingdome might be kept inuiolable as in the time of his progenitours they were The Pope hauing nothing to say against these auncient customes drew the King into another matter intreating the Kings fauour for Thurstinus Archbishop of Yorke that he might be restored to his place for the King had depriued him The King answered that he had sworne the contrary The Pope replied but I am Pope and if you will doe as I bid you I will absolue you from your Oath Ego Apostolicus sum sifeceris quod ego postulo ab hâc fidei sponsione te absoluam This was the olde practise of abusing Kings And it was not much to be meruailed if some kings were then blinded when they were led by such guides Houeden doth likewise declare that the Decrees of that Councell of Rhemes were sent to the Emperour Henry The Emperours answere was Nihil in his se praetermissurum quod sui iuris esset suorumque sibi contulit antiqua consuetudo progenitorum That is That he would loose no part of that his right which the auncient custome of his progenitours had conferred vpon him And afterward saith Houeden other things he graunted Ultimum vero scilicet Inuestituram rerum Ecclesiasticarum concedere noluit The last thing that is to say Inuestitures of Ecclesiasticall dignities he would in no case graunt Then it appeareth that antiquity custome and the right of their progenitors stood for the Princes of this age and against them was nothing but the bare will and new commaundement of the present Popes herein falling away not onely from the auncient vse before but from the sense knowledge confession and iudgement of the auncient Popes 65. I stay the longer vpon this
Now this is the crueltie of our Lord the King that is so much spoken of through the world against the Church this is that persecution that he raiseth Then it is an auncient complaint of these Romish Catholickes to call the iust lawfull godly and necessary execution of iustice crueltie and persecution this complaint hath beene euer since continued by them and most of all where there is least cause euen in the milde and mercifull gouernement of the late Queene of famous memory What crueltie did they impute to her What persecution to her Gouernement When they are not able to proue that one man was executed for Religion but for treason Which was so much the more dangerous because it was masked with the visard of Religion but Religion is not nor euer was the cause why our Kings punished the Popes Clerkes but onely Iurisdiction For when the Pope will stretch his Iurisdiction so farre as to include coactiue power and to exclude Kings from the gouernement of their Subiects drawing the Clergie from the obedience of their Kings to the obedience and subiection of the Pope drawing the subiects of other Kings vnder his subiection by an Oath of Allegiance and hereupon perswading al that will hearken to him that they may not yeelde an Oath of Alleageance to their owne Princes the Popes Iurisdiction being drawne to these points as now by the confession of themselues they are the question betweene the Pope and Christian Princes is not of Religion but of Iurisdiction of ciuill and coactiue Iurisdiction and the summe of all is this Whether the Princes of Christendome shall be free Princes or the Popes Vassals 82. By this which we haue declared we see the cause of our Kings iustified against the Archbishoppe and the exemption of Clerkes for which the Archbishoppe stroue and which since that time is claimed to be an especiall priuilege of that Church to be condemned by the chiefe of the Clergy by all the Bishops of that Prouince and that euen to the Pope himselfe Which thing the Bishoppes of the English Church would neuer haue done vnlesse they had beene well assured that the Kings cause was good and that the contrary opinion was a pernicious nouelty a late vpstart deuice in the Church But howsoeuer the Popes Clerkes pretended their new forged priuiledges yet the Kings of this land held still their olde course in the auncient manner of execution of iustice against them that offended And therefore Henry the second by law commaunded as Houeden saith that the Bishoppes of London and Norwich should be summoned that they might be before the Kings Iustices to answere for that they against the statutes of the kingdome did interdict the land of the Earle Hugh 83. This exemption of Clarks was a new practise in the time of Marsilius of Padua and not so new as pestiferous occasioning the ruine of States and being as a furie sent abroad from hell to disorder all gouernment For thus he complaineth of it Quibus non contenti sed saecularium contra Christi Apostolorum praeceptum appetentes fastigia in legum Lationes seorsum ab ijs quae Ciuium vniuersitatis sunt proruperuut Omnem clerum ab his decernentes exemptum ciuile sâ—…hisma principatuum supremoruÌ„ pluralitatâ—…m inducentes ex ipsis c. Haec pestilentiae Italici regni radix est origo ex qua cuncta scandala germinauerunt prodeunt qua stante nunquaÌ„ ciuiles ibidem cessabunt discordiae c. That is Not content herewith they the Popes seeking the honour of secular gouernement against the commandement of Christ and his Apostles haue taken vpon them the ordaining of Lawes and Canons other then such as serue for the common good They decree that all the Clergie are exempt from temporall Princes heereby inducing a pluralitie of Soueraignties c. This is the roote and spring of the pestilence of the Empire from whence all scandals grow and which standing ciuill discord shall neuer haue an end c. Thus were these exemptions then found and acknowledged to be the pestilence and ruine of all states especially of the Empire And his reason is well to be obserued because saith he it bringeth in Pluralitatem supremorum principatuum quam velut impossibilem humanae quieti demonstrauimus he proueth the plurality of Soueraignty a thing impossible to stand with the quiet and peaceable Gouernement of the world Now this exemption must eyther induce a plurality of Soueraignties when the Pope is one Soueraigne and the Prince another which is impossible in nature saith Marsilius or else it denieth the Kings Soueraignty to establish the Popes which thing can neuer bee indured by any Prince §. VI. Of the Popes power in giuing lawes 84. ANother thing whereby this new Iurisdiction of the Pope was so highly aduanced was giuing of Lawes to Princes and their subiects whereas before Princes had giuen lawes to him Marsilius in the wordes last cyted in the end of the last Paragraffe speaking of these laws saith They now break out into a practise of Iurisdiction taking vpon them to make lawes separat and distinct from such lawes as are for the common and publique good of all meaning the Canon lawes which because they intend onely the priuate aduancement of the Pope and not the publique good of the Church being also made onely by the authority of the Pope and not by the publique consent of the Church therefore he doth not account them lawes but Oligarchicall and tyrannicall Decrees these lawes are to be considered because they make so great a shew of the Popes Iurisdiction 85. The Church before was gouerned by Bishoppes and Metropolitanes in such order that the affaires of euery particular Diocesse were ordered by the Bishoppe or by a Synode of his calling the affaires of the Prouince were determined by the Metropolitane or by a Prouinciall Synode of his calling from an Episcopall Synode a man might appeale to a prouinciall Synode and from a Prouinciall Synode to a nationall but from a prouinciall or from a nationall Synode none might appeale to the Bishoppe of Rome for which thing diuers Decrees were made in prouinciall Synodes as we haue before declared As the Bishoppes were Gouernours so the lawes whereby they did then gouerne the Church were the Canons of auncient Councels especially of those foure most famous Councels of Nice Constantinople Ephesus and Chalcedon For that the Canons of these Councels were held for the lawes of the Church it appeareth by a Constitution of Iustinian extant in the fift Synode held at Constantinople wherein Iustinian the Emperour declareth that Aâ—…thimus was deposed from the Bishoprike of Constantinople by Pope Agapetus and a whole Synode with him consenting for that he had departed from the doctrines of those foure holy Synodes the Nicen the Constantinopolitan the Ephesian and the Chalcedonian The Emperor also declareth that he being deposed by the Church should be banished by him ioyning his
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
Persians and that of the Persians by the Macedonians and that of the Macedonians by the Romanes so shal that of the Romanes be destroyed by Antichrist and that of Antichrist by our Lord Iesus Christ. 101. By all which wee findè by the consenting iudgement of the Fathers that Antichrist must rise vp vpon the ruine of the Romane Empire And finding the power and gouernement of the auncient Romane Emperours to be vtterly ruinated by Gregory the second the title of the Empire to be taken away from those Emperours by Gregory the third the rule of the City of Rome which was the auncient seate of the Empire taken vp and surprised by the Pope the Cities of the Empire neere adioyning to Rome to bee brought vnder the subiection of the Pope by conferring the Prophesies of Scripture interpreted by the Fathers with these euents which by History are truly recorded laying one thing to another the conclusion is euident My purpose is not to speake of Antichrist but onely passing through these Stories of the Popes temporall exaltation I thought it a small labour for the Reader to compare the Prophesies of Scripture and the iudgement of auncient Fathers with the euent which fell out in the time of the two Gregories the second and third Before which time the Popes neuer entred into such furious attempts against their Soueraigne Lords the Emperours For they yeelded exact obedience to Emperours from the time of the first Christian Emperour vntill the time of Gregory the first All which while they refused not to be ruled commaunded directed by the Emperours as by their Soueraignes not onely in ciuill affaires but euen in matters concerning the externall Discipline of the Church as calling of Councels and confirming them punishing and censuring disorderous Clarkes and Bishops that offended the Imperiall Lawes and such like In such things the Emperours ruled the Popes obeyed no striuing no threatning no casting off of the yoake appeared all this while But after that Phocas had granted to Beniface the third Pope the title of Oecumenicall Bishop and that the Church of Rome should be head of all other Churches then began that starre to fall from heauen falling from the simplicity of truth from sincerity of obedience into pride ambition and noysome lusts and neuer ceased rolling downwards till at last it fell into the deepe practises of the bottomlesse pit Thus when they began to fall they had one fall after another They fell not into the practise of deposing Princes vntill the time of Gregory the third Childeric or Chilperic 102. THe Popes hauing proceeded thus farre in deposing the Emperour thought all their labour lost vnlesse they might haue those Territories made subiect to themselues from which they had expulsed the Emperor Their feare was that either the seuerall Cities would procure their owne Freedome or that some that were strongest would surprise all the rest and so a small part might come to the Popes share The Lumbards were then strongest in Italy and had soone gotten the rest vnder their Dominion To preuent their rising and to inrich S. Peter with a new Patrimonie the Popes after they had vsed the power of the Lumbards against the Emperour so now against the Lumbards begin to call new aides into Italie drawing first Pipin and then Charles against the Lumbards by whose meanes they obteyned their purpose Pipin was made King of Fraunce for this seruice and Childeric the right King was deposed by Pope Stephen saith Harmannus Contractus other attribute this to Pope Zachary Childeric was shauen and thrust into a Monastery After all this there stuck a scruple in the conscience of Pipin for he had taken an Oath of Allegeance to Childeric his Soueraigne this scruple the Pope vndertooke to remoue For saith Vspergensis Pope Stephen absolued him of his Oath which in former times he had taken to his Soueraigne Childeric Thus were these great affaires ordered and disordered the Emperour deposed his subiects raised in rebellion against him the Pope exalted and inriched by the spoiles of the Empire the French king deposed his subiects absolued from their Oathes and Alleageance another set vp in the kingdome These were practises which before this time were neuer attempted by Popes From these beginnings and examples the succeeding Popes tooke light and made rules of their Gouernement and therefore after this the world could take no rest for the Popes Moreouer after these examples of Pipin and Charles they who through ambition aspired without right or Title to kingdomes haue deuoted their seruice wholly to the Pope And what holdeth the Spaniard so stiffe in Popery but onely an hope that by the Popes authority he may inlarge his Dominions in the same sort It is to be noted also that they who thus offer their seruice to the Pope are honoured by him as the onely defenders of the Church whereas none haue spoiled the Church more then these for Paulus Aemylius recordeth that Carolus Martellus father to Pipin being then Constable of France robbed the Churches and Monasteries of France at his pleasure promising that if he should obtain victorie against the Sarracins he would bountifully repay all But after most great and rich victories he not onely repayed nothing but thrust also the Bishpppes from their Seas held the Seas empty to pay souldiers which thing brought a foule confusion vpon the Church of Fraunce yet this man for his seruice to the Pope was accounted a great defendor of the Church Henry the fourth Emperour 103. THe auncient manner of choosing Popes was by the Emperours consent after that Emperours became Christian This was practised from the time of Constantine till Hadrian the third saith Platina who maketh this Hadrian the first who altred this auncient manner he tooke the opportunity of the absense of Charles the grosse then Emperor who was so incumbred with the warres of the Normanes that he could not attend this businesse But Onuphrius in his Chronicle of Popes setteth Iohn the fift to be the first Pope that was chosen without the Emperours commaundemâ—…nt and appointing both may be well reconciled for Onuphrius speaketh of the Popes vnder the auncient Emperours Platina of the Popes vnder the French and Germane Emperours for from Constantine till Iohn the fift Pope no Pope was chosen without the Emperours consent from Iohn the fift Pope till Charles the first no Pope was chosen by the Emperours consent Charles the first recouered the auncient rights of the Empire as before we declared from his time till Hadrian the third no Pope was chosen without the Emperours consent from Hadrian the third the consent of the Emperour was not required if Plaâ—…ina say true others witnesse that the Popes were alwaies chosen by the consent of the Emperor till Hildebrand The Popes thus striuing to cast off the ancient yoake when Gregory the seuenth was chosen Pope he added vnto this practise of reiecting the Emperours consent many moe practises by blood
his Kingdome to such as would inuade it absolued his Subâ—…ects from their faith alleageance drew those that had taken the Crosse for the warres of Ierusalem to fight against Peter And when Martiâ—… was dead Hoâ—…orius the fourth did redouble his curses vpon Peter After all these curses and so much bloud and warres procured by the Popes to the vexation of Christendome yet Peter maintained his chalenge and held those Kingdomes Philip the French King 136. BOnâ—…face the eight pretending to aduance the holy warres for this was not the least pollicy of that Sea to send Princes abroad that in the meane time they might suck their Kingdomes and draw the sinewes thereof to Rome for this purpose sent the Bishop of Ariminum to Philip the faire the French King The Bishop hauing vsed all perswasions hee could by faire meanes and finding the King nothing mooued with all that he alleadged from perswasions hee fell to threatnings The King being much offended at his threatnings and because as some adde the Bishoppe had rauished an ingenuous maid threw the Bishoppe in prison Others say he apprehended the Bishoppe Quod esset paterinus 〈◊〉 Whatsoeuer the cause was of the Kings offence Boniface was highly displeased and sent the Archdeacon of Narbon to command the King to acknowledge that he held his Kingdome of the Church of Rome or else to denounce the Anathema against him and obsolue all French men from their Oath of Alleageance When the Archdeacon arriued at Paris the King would not permit his Bulles to be published The Popes letters were taken from him and burned with fire The King also vnderstanding the end of the Popes earnest motion for his iourney to Ierusalem to be that in his absence he might draw great treasures out of France to Rome published an Edict wherein it was made vnlawfull for any to depart out of France to Rome or thither to carry money Whereupon Boniface cursed Philip to the fourth generation absolued his Nobles and gaue his Kingdome to Albert the Emperour inuesting Albert by his letters into the Kingdome of France but Albert protested that he would not stirre against the King vnlesse hee might haue thaâ—… Kingdome confirmed to him and to his heyres No quoth the Pope that may not be as long as Iezebell liueth meaning Elizabeth wife to Albert a woman of great fame and honour whom he hated for no other cause but for that her brethren and auncestors had done valiantly against the Sea of Rome 137. Against this furious attempt of Boniface Philip the French King in an Assembly at Paris appealed from the Pope to a generall Councell this appeale is diuersly reported All agreâ—… that he appealed from the Pope Platina confoundeth the Narration thus Adsedeâ—… Apostolicam tum vt ipse dicebat 〈◊〉 futuruâ—… que Concilium appellauit That is He appealed to the Sea Apostolicke then vacant as he said and to a Councâ—…ll which should after this be held Naucler deliuereth it thus Rex 〈◊〉 congregari fâ—…cit Paritijs omnâ—…s Praelatos Franciâ—… nec non Barones facto Concilio pro sui iustificatione appellauit ab illa senteÌ„â—…a se excusando contra Bonifacium inuehendo c. That is The French King gathered a Councell at Paris of Prelates and Barons and for his owne iustification hee appealed from that sentence excusing himself inueighing against Boniface This man then hath nothing of any appellation to the emptie Sea but the appellation was as diuers were about these times from the Pope to a generall Councell this appeale was sent by Sarra Columna a Nobleman of Rome and one Nogarelius a French Knight a man faithfull to the King The pretence was diuulged that they should goe to publish the Kings appeale against the Popes Decree but Sarra hauing another secret purpose came into Italy in the habite of a seruant gathered closely by the helpe of his friends a band of souldiers and with great secresie and silence came to Anagnia where the Pope lodged then in his fathers house Sarra breaking vp the doores tooke Boniface in bed bound him and brought him to Rome where after a few daies in great sorrow and desperation he ended his wretched life Ranulphus saith that he was set vpon an Horse vnbridled with his face turned to the horse taile and so running to and fro was famished with hunger and died like a Dogge as the common saying was of him that he entred like a Foxe raigned like a Lion and died like a Dogge It may be truely said of all the Popes that liued since the yeare of Christ one thousand which Naucler obserueth of this Pope Imperatoribus Regibus Principibus nationibusque torrorem potius quam religionem inij cere conabâ—…tur dare regna auferre pro arbitrio c. He sought not so much to plaâ—… Religion as terrour in Emperours Kings Princes and nations to giue and take away kingdomes at his pleasure Where hee doth truely describe the fruite of the Popes excommunications it is not for planting of Religion but for striking a terrour in Princes and breeding a confusion in the world and therfore it is no censure of Christs Church because all these censures plant Religion without confusion of Princes and disordering of the world 138. Finding in Story two Epistles one from Boniface to this Philip the other from Philip to Boniface I thought good to set them downe they are but short Boniface seruant of Gods seruants to Philip the French King feare God and keepe his commandements VVEe will haue you to vnderstand that you are subiect to vs both in spirituall and temporall affaires No collation of Benefices or Prebends belongeth to you and if you haue the vacation of any reserue the fruits thereof to the successours if you haue made any collation we iudge that such shall be of no validity that are to come and those that are past we reuoke reputing all Hereticks that thinke otherwise Dated at Later an c. The answere was thus returned Philip by the grace of God King of France to Boniface bearing himselfe as Pope health little or none at all YOur singular fooleship may vnderstand that in temporall affaires we are subiect to none that the collation of Churches and Prebends perteineth to vs by royall prerogatiue and the fruits thereof during the Vacation that the collation already made or hereafter to bee made are of iust force and validity and thatwe will defend the possessours thereof against all men reputing all foolish and madde men that thinke otherwise Henry the seuenth 139. HEnry the seuenth Emperor was much fauoured at the first by Clement 5. Pope for that Clement was highly offended with Philip the French King who then sought the Empire the hatred of Philip drew fauour to Henry but as passion ruled the Pope so pride ouer-ruled the passion and turned this fauour into greater hatred for when Henry came to order the State of Italy at that
of Christendome are to be intreated in the behalfe of God to remoue these greeuances from the Church which the insatiable couetousnesse of Popes brought in And seeing they haue remoued the Harpyes themselues why should they leaue the markes of their abhominable couetousnesse to the eternall oppression of the Church Why should these vncleane spoiles be found in the hands of godly Princes It would be the eternall honour of our Princes not to chaunge the oppressour but to remooue the oppression It was the honour of this land that when the Pope had oppressed all other Churches onely the Church of England was free Hanc consuetudinem omnes adâ—…isere praeter Anglos saith Naucler It was first imposed in the yeare one thousand and foure hundred it was not vsed in England when Naucler wrote as he witnesseth that is not before the yeare one thousand fiue hundred so odious an abuse so lately bred might soone be remoued if the cup of these sweete wines wherein the Pope began had not beguiled many men 152. When Boniface the ninth had begun this oppression much money was thereby gathered from the Clergie throughout the Emperours Dominions the money being thus collected was deteined by the greedy Emperour Wenceslaus from the more greedy Popes This turned the hearts of the Popes against him therefore Gregory the ninth deposed him and set vp Rupertus Count Palatine of Rhene against him George King of Bohemia 153. AFter the death of Ladislaus King of Bohemia who died without issue two great Kingdomes of Bohemia and Hungaria with the Duchy of Austria being vacant many Princes sought the Kingdome of Bohemia Charles King of Fraunce whose daughter Ladislaus married would haue placed one of his sonnes Casimire King of Polonia hauing married a sister sought it in her right so did Guilliam Duke of Saxony who married the elder sister of Ladâ—…slaus Sigismund and Albert Dukes of Austria were in good hope and Frederick the Emperour would haue had the administration of the Kingdome because the homage due to the Empire had beene neglected When the day of Election came 〈◊〉 〈◊〉 was chosen King and afterward confirmed by Fredericke the Emperour but Paul the second finding that this George fauored the Hussites or as Platinâ—… saith daily withdrew himselfe from the body of Christianity meaning from the obedience of the Pope did excommunicate and depose him setting vp Mathiâ—… King of Hungary against him Mathiâ—… gaue the Bohemians a great ouerthrow in the yeare one thousand foure hundred and 〈◊〉 and with such mortall hatred was Pope 〈◊〉 set against this King that he sent many Bishoppes to negociâ—…te these warres and to raise vp the Hungarians and Germanes against him and so farre preuailed that he eâ—…tinguished all the posterity and discent of George and would saith 〈◊〉 vtterly haue rooted out all the name and memory of the Heretickes vnlesse the Polonians had stayed 〈◊〉 For the Polonians claimed the Kingdome of 〈◊〉 as due to them 〈◊〉 being already busied enough with the warres of the Turke thought good not to draw new troubleâ—… vpon himselfe by prouoking the Polonians Thus the Pope rested at that time contented with the blood of George and his children seeing the power of his malice could then proceed no further King Iohn of Nauâ—…rre 154. POpe Iulius the second the scourge of Christendome in his time vsed the like courtesie to Iohâ—… King of Nauarre for when this Vicar of Christ 〈◊〉 raised warres against the French King Iohâ—… King of Nauâ—…rre held as he had reason with the French King being a French-man by birth and hauing the greatest part of his paâ—…imony in Fraunce 〈◊〉 King of Arragon then fauoured the Pope This 〈◊〉 prepared warre against the French King and to turne the mindes and speech of all men vpon the French warres from that purpose which secretly hee intended hee intreated Henry the â—…ighth King of England to send him an Army to helpe him in the warres of Franâ—…e King Henry hauiâ—…g maried the daughter of Ferdinand sent him sixe thousand footmen these came to the Frontiers of France and there stayed long for the army of Ferdiâ—…nd who for his better passage into Fraunce required of Iâ—…hn King oâ—… Nauarre through whose Dominions hee was to passe that he would deliâ—…er vp to his hands three of the strongest Castles that he would demaund the request as vniust was denied by the King of Nauarre Ferdinaâ—…d referreth the matter to the Pope The Pope Iâ—…lius not regarding the iustice or iniustice of the cause pronounceth the King of Nauarre a Schismaticke and Hereticke for fauouring the French King and therefore depriueth him of his kingdome and giueth his right to Ferdinand Who thereupon sent his army of a suddaine against the King of Nauarre who fled into France Thus was the kingdomâ—… of Nauarre surprised and no title pretended sauing onely the Popes excommunication The state of Venice 155. IT were too long to recompt all the mischiefes and miseries that the Popes Excommunications haue brought vpon Christendome I haue collected the chiefe and most eminent and will end this discourse with the memory of that affliction and desolation which the Pope brought vpon the Venetians Iulâ—…s the second following the steppes of his predecessours brought an armie before Bononia besieged the towne and tooke it The familie of the Bentiuoli he vtterly ruinated killing some banishing other When thus hee had ouerthrowne the Bentiuoli Then he set himselfe in like sort to root out the Venetian name Ad venetâ—… 〈◊〉 excidiuâ—… saith 〈◊〉 The better to effect the malice against the Venetians he drew 〈◊〉 the Emperour the French King the King of Spaine the Duke of Ferrara and the Duke of Mantua into a league when first himselfe had excommunicated and câ—…sed them hee set all these vpon them at once The Pope made choice of a fit time to doe them the greatest hurt he could for a little before this the state of Venice was brought so low that a weake enemie might soone haue â—…dangered them hauing had their whole army brought vnto Internecion at Abdua after that ouerthrowen in a great battell by Lewes the French King their chiefe generals Liuianus taken prisoner Petilianus put to flight The Pope tooke the aduantage of this their weakenesse and seeing them falling labored to thrust them headlong that they might neuer be able to rise againe Mâ—…ximilian tooke Verona Vicetia Padway Carni the French King surprised Bergamum Brixia Cremona Crema the Spaniard wan Tranum Monopolis and Barletta in Apulia The Popes share was Rauenna Ariminum all Aemilia The Duke of Ferrara got Rodigium and the Duke of Mantua Asula Thus was that noble state brought in manner to vtter ruine 156. Iulius hauing thus satisfied his malice and obtained his purpose in some measure against the Venetians being ledde by a spirit that would giue him no rest began to turne his furious wrath in like sort against 〈◊〉 contrary to his faith often promised and
IVRISDICTION REGALL EPISCOPALL PAPALL WHEREIN IS DECLARED HOW THE POPE HATH INTRVDED 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 IOHN 18. 36. My kingdome is not of this world if my kingdome were of this world my seruants would surely fight LONDINI Impensis Iohannis Norton 1610. THE CONTENTS OF THE SEVERAL Chapters of this Booke THe state of the question CHAP. I. That Kings in the time of the law of nature had all Ecclesiasticall power both of Order and Iurisdiction II. Externall coactiue Iurisdiction is a right belonging to Soueraigne Princes vnder the law III. Externall coactiue Iurisdiction was not left by Christ to his Church nor practised by the Church all that while that the Church was without Christian Magistrates IIII. Of the estate and Iurisdiction of the Church from the end of the first three hundred yeares vntill the yeare of Christ 600. V. Of the estate and Iurisdiction of the Church from the yeare of Christ 600. vntill the conquest of England VI. How the Papall Iurisdiction was aduanced from the time of the conquest and somewhat before vntill the yeare of Christ 1300. conteyning the meanes of raising that Iurisdiction by forgery Friars Oathes and the parts of the pretended Iurisdiction Inuestitures Exemptions lawes imposed Appellation deposing of Kings and absoluing their subiects from faith and Alleageance VII How this Iurisdiction after it was thus declared by the Popes Clerks was refuted by the learned men of the Church of Rome and repressed by Councels VIII TO THT MOST REVEREND FATHER IN GOD MY VERY GOOD LORD THE Lord Archbishop of CANTERBVRIE his Grace Metropolitan and Primate of al England and one of his Maiesties most Honourable Priuie Counsell IOb the man of God most Reuerend Father in God entring into the meditation of the care labor danger and deliuerance that we find in this present life compareth it for danger to a warfare for care and trauell to the dayes of an hireling which estate as euery member of the Church findeth in this life so the same is much more apparant in the whole Church which for the time of her warfare here as she is so is called militant As this assured and expected warfare from the beginning hath kept the Church in continuall exercise and watch against many and strong aduersaries so toward the end of this warfare that is toward the end of this world the aduersaries growing more skilfull more bòld and desperate then before the warfare must of necessitie bee made more daungerous The greatnesse of which daunger may draw the gouernours of the Church to a more sensible apprehension of their duties who according to the daunger of the Church cannot but vnderstand that their care industry vigilancy and courage must be increased for the preseruation of the peace and good of the Church of God which they gouern so that the malice industrie and desperate attempts of the aduersaries are to them so many prouocations stirring theÌ„ vp more carefully to watch Which care hath singularly appeared in your Grace who as a Generall in this warfare haue giuen no rest to your selfe but by preuenting the purposes of the enemies by espying their secrets by answering their present incounters by incouraging inferiours haue declared your carefull seruice in this warfare setting the battel in order and incouraging euery souldier in his proper standing and place vnder this conduct haue I vndertaken this peece of seruice for the opening the truth of â—…urisdiction of late so much oppugned defaced and confounded by the aduersaries Wherein as I can not promise any worth of my seruice so I shall bee able with a good conscience to challenge the reward of faithfull and sincere dealing The question I confesse requireth a man as skilful in distinguishing this confused masse of Iurisdiction which they now haue cast vpon the Pope as Archimedes was in examining the gouldsmithes fraude who hauing receiued a certaine Weight of gould of Hiero King of Sicily to make a goulden crowne which he would offer to his Gods stoale away much of the gold and put siluer in the place thereof rendring to Hiero his true weight againe To examine this fraud without melting of the crowne was a worke to exercise the great wit of Archimedes himselfe such is this masse of Iurisdiction wherin fraudulent workmen as they who confound gold siluer coper and brasse together haue taken the Iurisdiction of the Church and of kings and mingling both together adding much of their owne drosse thereto haue made it as a deceiptfull crowne to offer to their great God to set it vpon his hâ—…ad To distinguâ—…sh this confused maâ—…se to giue to each his own right was a thing wherin I fouÌ„d the greater difficulty because none of late yeeres hath troden this path before me whose footsteppes might haue directed me For the question of the Supremacy is handled learnedly worthithily by others who though they haue giuen some light to this question of Iurisdiction yet they doe it but in some passages not handling the question fully and purposely but by occasion sometimes falling into some parts thereof Wherefore I thought it would be a necessary seruice to the Church if this thing might be truely brought to knowledge and the fraudulent confusion of tâ—…is crowne of Iurisdiction standing vpon the proud head of the Pope examined distinguished the siluer seuered from the gold and the drosse from both As Iurisdiction lay thus confounded by those false workemen of Rome so at the first triall of it when it was examined by vnskilfull and deceitfull triars who fet the rules of their triall not from the truth but from ambition and adulation they taking vpon them to be triars of truth made things as bad or farre worse by their handling then they were before and so wrapped this question in newe difficulties For when Henrie the eight tooke this title of supreme head of the Church of England though the sounder and more iudicious part of the Church then vnderstood the words of that title so as no offence might iustly rise by it yet they that were suddenly brought from their olde opinion of perie not to the loue of the truth but to the obseruance of the Kings religion retained a grosse and impure sense of those words as most coÌ„monly by such is retained to this day For when Stephen Gardiner Bishop of Winchester was at Ratisbon in Germanie vpon the Kings affaires he there taking occasion to declare the meaning of that title supreme head of the Church giuen to king Henrie the eight taught that the King had such a power that hee might appoint and prescribe new ordinances of the Church euen matters concerning faith and doctrine and abolish old as namely that the King might forbid the marriage of Priests and might take away the vse of the cup in the Sacrament of the
and answereth to an obiection which I will set downe in his own words Quod si Christiani non deposuerunt olim Neronem Diocletianum Iulianum Valentem similes iâ—…suerat quia deerant vires temporales Christianis That is If Christians of old deposed not Nero Diocletian Iulian Valens and the like this was because Christians then wanted Temporall forces They will shortly without blushing tell vs that Iesus Christ also submitted himselfe to the heathen Emperours and to their deputies because he wanted power to resist them for this they may say with some sophisticall shew of reason aswell as that which they doe say Then his opinion is that the Pope as Pope hath not any Temporall power but yet the Pope and onely the Pope hath Temporall power aboue all Kings and Emperours This is one of the greatest points wherein the Pope hath incroached vpon the right of Kings 9. Besides this Temporall Iurisdiction there is another part of Iurisdiction called spirituall which the writers of the Church of Rome deuide into internall and externall internall they referre to the Sacraments onely Gerson de potest ecclesi consid 1. Bellar. de Rom. pont lib. 4. cap. 22. Bellarmine in the place last cited disputing of Iurisdiction saith there is a triple power in the Bishop of Rome first of order secondly of internall Iurisdiction thirdly of externall Iurisdiction the first is referred to the Sacraments the second to inward gouernment which is in the court of conscience the third to that externall gouernment which is practised in externall courts and confesseth that of the first and second there is no question betweene vs but onely of the third De primâ secundâ non est questio sed solum de tertiâ saith he Then of this wee are agreed that the question betweene vs and them is onely of Iurisdiction in the third sense and therein especially of Iurisdiction coactiue in externall courts binding and compelling by force of law and other externall mulcts and punishments beside excommunication as for Spirituall Iurisdiction of the Church standing in examinations of controuersies of faith iudging of heresies deposing of heretickes excommunication of notorious and stubborne offenders ordination of Priests and Deacons institution and collation of benefices and spirituall cures c. This we reserue intire to the Church which Princes cannot giue or take from the Church This power hath bene practised by the Church without coactiue Iurisdiction other then of excommunication But when the matters handled in the Ecclesiasticall consistorie are not matters of faith and religion but of a ciuill nature which yet are called Ecclesiasticall as being giuen by Princes and appointed to be within the cognisance of that consistorie and when the censures are not spirituall but carnall compulsiue coactiue here appeareth the power of the ciuill magistrate This power we yeeld to the magistrate and here is the question whether the magistrate hath right to this power or Iurisdiction which is thus described by the Romanists Externall Iurisdiction Ecclesiasticall is a power coactiue giuen to gouerne Christian people in contentious courts this is the principal question which we haue here to search Our English flatterers of the Pope that write now and of late haue written vndertake to prooue that this Iurisdiction is first and principally in the Pope and from him deriued to Bishops and that Kings haue not this power at all or any part of it vnlesse by commission from the Pope our assertion is contrary that this power of Ecclesiasticall Iurisdiction externall and coactiue beâ—…ongs to Kings only not to Ecclesiasticall persons but as they â—…aue commission from their Princes And because we would â—…ot be mistaken in the question we will set down the words of the best of that side for better euidence and assurance who take the question thus and not otherwise Iohn Gerson saith Potestas Ecclesiastica Iurisdictionis in foro exteriori est potestas Ecclâ—…siastica coactiua quae valet exerceri in alterum etiam iâ—…uitum Bellarmine speaking of the same power saith it is ad regendum populum Christianum iâ—… foro exteriori 10. Then this is the thing which wee are to prooue that Ecclesiasticall coactiue power by force of lawe and corporall punishments by which Christian people are to be gouerned in externall and contentious courts is a power which of right belongeth to Christian Princes Concerning the power of orders and institutions of excommunication and deposition and of internall Iurisdiction in the court of Conscience in administration of Sacraments absolution by power of the keyes this we giue not to Princes but Princes as they are preseruers of Religion and nurcing fathers of the Church are to see that Bishops and all inferiour ministers performe their faithfull duties in their seuerall places and if they be found faulty to punish them because that belongeth to external Iurisdiction coactiue Thus much may suffice for the state of the question For the manner of handling I purpose to search the right of Kinges first in the law of nature secondly in the written law giuen by Moses continued vntill the comming of our Lord Iesus Christ thirdly to declare the confirmation of the same right by Christ and his Apostles and the Church succeeding vntill that time that the Pope drew a newe estate and Iurisdiction to himselfe After which time I purpose to obserue how the Pope hath incroached first vpon the Bishops then vpon the right of kings and last vpon the right of the Church and generall Councels By all which will appeare how late how new and strange that Iurisdiction is which the flatterers of the court of Rome now yeeld to the Pope CHAP. II. Kings in the time of the Law of nature had all power Ecclesiasticall both of order and Iurisdiction IN the Law of nature we haue not many examples of Kings that gouerned a people where the Church of God was planted there is onely mention of Melchisedecke King of Salem of him it is said Gen. 14. Melchisedecke King of Salem was a priest of the high God In his person these two offices the kingdom the priesthood were ioyned both which offices followed the prerogatiue of the birthright for that this Melchisedeck was Sem is the receiued opinion of many interpretours wherein is some difference Some take Sem to be the eldest sonne of Noah but others from a probable collation of Scriptures hold him to be the second sonne but whether hee were eldest or not it is apparant and out of doubt by that blessing Gen. 9. that he had the birthright for Canaan is made his seruant which is the auncient stile and euidence of the birth-right as is expressed in the birthright of Iacob Iaphet is perswaded to dwell in the tents of Sem. Whereas therefore hee hath that honor aboue both his brethren the birthright is euidently confirmed vnto him Canaan being made his seruant and Iaâ—…het being directed to repaire to his
distinctly set in two persons Moses keeping the ciuill gouernment and Aaron the Priesthood The gouernment of Moses and his successours being more ciuil The Priesthood of Aaron his successors ceremoniall it followeth that this ancient ordinance of the law of nature was altered by such positiue lawes of God which were either ciuil or ceremoniall and consequently that this alteration taketh not away the auncient right 6. If I might therefore in a matter of this nature declare my poore opinion leauing the censure hereof to the learned that are able to iudge I take it that as it is not simply vnlawfull that a King may be a Priest and neuerthelesse keepe his kingdome so I suppose this thing cannot be done without not only a lawfull but also an ordinarie calling from God and from the Church For no man taketh this honour to himselfe but he that was called thereto as was Aaron And this cannot bee done without an ordinary calling for when Kings were Priests and the first borne sacrificers as in the law of nature then they had an ordinary calling therto for that was then the ordinance of God ordinarie in the Church which now is not But if a man were first ◅ Priest and afterward aduanced to a kingdome by some Temporal right in this case it were assuredly vnlawfull for him to shake off his holy estate and betake himselfe wholly and only to his Temporall gouerment as some Cardinals haue done Then by the law of nature the King had both the power of order and Iurisdiction and howsoeuer this is altered by a positiue ordinance of God yet all is not taken away there remaineth still that part of Iurisdiction so farre as it standeth in power coactiue in respect wherof the common law of this land saith the King is persona mixta because he hath both Ecclesiasticall and Temporall Iurisdiction 7. This example of Melchisedeck both King and Priest hath much lifted vp the Pope and his flatterers for of this they take especiall hold and thinke hereby to prooue the Pope to be King of the Church because Melchisedeck was both King and Priest But to this we aunswere Melchisedeck had both these honours by a lawfull and ordinarie calling but so hath not the Pope for his Priesthood we graunt he had once thereto a lawfull calling both by locall and doctrinall succession which doctrinall succession Irenaeus calleth successionem principalem Tertullian doctrinae cōsanguinitatē cum Apostolica Ecclesia but now haue they forsaken that principall succession and haue nothing left to glory in but bare personall and locall succession Then to the office of a Bishop the Pope may shew some colour though the colour be now worne thredbare but to the princely office which he claimeth ouer the Church he can shew neither calling nor colour so that the example of Melchisedek which the Popes parasites drawe with such violence to him doth helpe him nothing but rather helpeth the cause of Christian Kings against him for it is certaine that Kings were Priests by an ordinary calling before these two offices were distinguished but it can neuer be prooued that Priests were Kings by such an ordinary calling after that these two offices were set in distinct persons If any man suppose that we haue stretched the example of Melchisedeck too farre because he was a type of Christ I aunswere this is nothing against my purpose that Melchisedeck was a type of Christ. For many men in their ordinary standing and executing ordinary functions did also beare some type extraordinarie thus did Moses Ioshua Dauid Solomon and others I speake of Melchisedeck as I finde him in his ordinary place a King and a Priest 8. By all which we conclude that vnder the law of Nature Kings were in the beginning inuested with all power Ecclesiasticall both of orders and Iurisdiction and therefore these things are not incompatible by nature All this time which lasted about the space of two thousand and fiue hundred yeeres Kings had Ecclesiasticall Iurisdiction without question And therefore this Iurisdiction of Princes which we haue vndertaken to examine is found aunswerable to the first gouernment of the world vntill the time of the law giuen by Moses CHAP. III. All externall Iurisdiction coactiue was a right belonging to Kings vnder the Law NOw let vs search what Iurisdiction in matters Ecclesiasticall was found due and acknowledged to belong to the Kings right all that time vnder the Law Then we find by an especiall commaundement of God these two offices of King and Priest were distinguished and set in two seuerall persons the one in Moses the other in Aaron And the tribe of Leui was taken to the seruice of God in stead of the first borne by an expresse commaundement and the first borne which in number exceeded the number of the Louites were redeemed by fiue shekels a man for the number of the first borne was taken 22273. the number of the Leuites 22000. so that the number of the first borne exceeded the number of the Leuites by 273. These were redeemed and after that redemption the first borne of other tribes were discharged from the attendance of the seruice of God the Leuites tooke vp their place Now the Kings office and the Priests being thus distinguished we must consider what things did properly belong to each office 2. First we find that Moses who had the place of a King in gouernement as he is also called a King doth consecrate Aaron the Priest Moses is commaunded to consecrate him and his son s Exod. 28. and performeth it Leuit. 8. therefore it is repeated Num. 3. These are the names of the sonnes of Aaron the anointed Priests whom Moses did consecrate to minister in the Priests office Heere then appeareth some Iurisdiction of Moses ouer Aaron But this I meane not to vrge for it may bee thought extraordinailry to belong to Moses as Gods Apostle or Ambassadour and lawgiuer vnto Israel for in such great chaunges as was from the law of Nature to the written law somewhat must bee admitted extraordinary and this I could be well content to vnderstand so though many doubts arise for the princes right against the Priests For first it may be obiected seeing there was a Prince and a Priest set vp distinct one from the other why should the Prince consecrate the Priest and not the Priest the Prince But here we finde that Aaron doth not consecrate Moses to be Prince but Moses doth consecrate Aaron to be Priest Another doubt may be moued why Moses should consecrate not onely Aaron but his sonnes also For though we should admit the consecration of Aaron to be done by Moses of necessitie as a thing extraordinary at the first beginning of this Priesthood yet this necessitie appeareth not so much in Aarons sonnes for they might haue beene consecrated by Aaron after that himselfe had bene once consecrated by Moses And yet we find that the
consecration of Aaron and his sonnes is done altogether by Moses These things though they make faire shew for the Princes Iurisdiction Ecclesiasticall ouer Priests yet wee purpose not to stand vpon them 3. But when the Priest was once consecrated and ordained and all things fully perfected concerning his function and two seuerall and distinct functions set vp then will appeare without faile in Moses his successors the right of Princes in Aaron his successors the right of Priests After all things thus perfected we finde that all the lawes which in truth proceeded originally from God were established by the authoritie of Moses and this we finde true not onely in Iudiciall and Ciuill Lawes which were to rule that state but euen in ceremoniall and Morall Lawes which were to rule the Church There is not so much as one ceremoniall law established by the authoritie of Aaron but in all the name and authoritie of Moses is expressed only we finde concerning Aaron that if any doubt in the lawes ceremoniall did arise for the interpretation of those lawes and of such doubts the high Priest must sit as iudge For the people are charged in matters that are hard to consult with the Priest and ciuill iudge Deut. 17. 8. c. Which the learned interpreters vnderstand thus that if the cause be mixt partly Ciuill partly Ceremoniall or doubâ—…full that then both the Ciuill Magistrate and the Priest must iointly determine it but if the people haue distinct causes some Ciuill other Ceremoniall the Ciuill Magistrate must iudge the causes Ciuill and the Priest must iudge the causes Ceremoniall from the consideration of which place we may drawe certaine inferences 4. First all Lawes euen Ceremoniall that is Lawes whereunto Spirituall or Canon Lawes are answerable are established by the authoritie of the Ciuill Magistrate This taketh away all authoritie of the Popes Canon law in all Christian kingdomes where it is not established by the authoritie of Kings in their kingdomes For it is against all reaâ—…on and rules whether we looke vpon the light of nature or vpon the Scriptures or the lawfull practife of authoritie since the Scriptures were written that any Lawes should be imposed vpon a Prince against or without his consent as the Popes haue indeuoured to impose the Canon Lawes vpon Princes And this appeareth in the practise of Christian Magistrates so long as lawfull authoritie stood up without confusion in the world But heere we consider the fountaine of that practise which was from Gods Law wherein we see all Lawes confirmed and established by the authoritie of the Ciuill Magistrate And if it could bee prooued that in some Lawes Ceremoniall the authoritie of Aaron was requisite yet this helpeth them nothing that plead for the Popes Canons For these men would impose these Canons vpon Princes without their consent but in all these Lawes of Moses wherein is a perfect patterne for all law-makers they cannot shew one Law though neuer so nearely concerning the Church which is established without the authoritie of Moses the Ciuill Magistrate If they obiect these things were all done by an especiall commaundement of God I aunswere this doth more establish the authoritie of Princes and confirme our purpose for let them aunswere why God would haue all these things established by the Ciuill Magistrate and not by the Priest This then maketh a greater and clearer confirmation of the Princes right Then the Church may interpret Scripture determine controuersies of faith but cannot establish a Law the reason is because for the establishing of Lawes coactiue power is requisite which is in the Ciuil Magistrate not in the Church And therefore the Canon Lawes can haue no force of lawes but as they are receiued and established by Princes in their seuerall kingdomes For neither can the law haue the force of a law without coactiue power neither hath the Pope any coactiue power in the kingdomes of other Princes but onely in such places where himselfe is a Temporall Prince 5. Secondly we obserue that the high Priest is appointed by God a iudge for interpretation of those lawes that concerne the Church in questions of conscience in causes mixt or doubtfull This might moderate the humours of some who in loue to innouation would leaue no place of iudicature to Ecclesiasticall persons for these things are insert into Moses lawe taken from the law of Nature and not as things Ceremoniall which thing is apparant from the end vse and necessitie thereof for the things which had a necessary vse before the written law and must haue a necessary vse after the abrogation of that law must be acknowledged to be taken from a perpetuall law because there must be a perpetuall rule for a perpetuall necessity This then being perpetuall and necessary matters of question and of Ecclesiasticall audience still arising the hearing and iudging of such things belong to such as are most skilfull in those affaires And hence is the iudicature of fuch things assigned to the Priest which right of Ecclesiasticall iudgements and courts standeth no lesse now due to them in the time of grace then it was under the law because this office in iugdeing hearing and determining is not heere giuen to Priests as a thing Ceremoniall but as I haue declared deriued from the law of Nature as a perpetuall seruice for a perpetuall vse 6. Thirdly we consider that the lawes Ecclesiastical are established by the authoritie of the Ciuill Magistrate but for interpretation of them the Priest is appointed to iudge Hence riseth the ground of Iurisdiction both Temporall and Spirituall wee consider Iurisdiction here as our question importeth authority coactiue in externall iudicature in the execution of lawes The fountaine of this authoritie is in him principally by whose authoritie the law is established and without whose authoritie it is not The execution of this authoritie is in them that are appointed iudges And heerein there is no difference betweene Temporall and Ecclesiasticall authoritie I speake not nowe of Spirituall gouernment by the lawes of God executed within the court of Conscience but of Ecclesiasticall gouernment in the execution of lawes Ecclesiasticall wherin there is vse of coactiue power These two things being in themselues and in nature so distinct if this one distinction might be remembred it is ynough to aunswere all the confused collections of that Catholike Diuine who wrote of late against the fift part of Reports of the Lord Cooke For all that hee writeth there resting vpon no other ground then vpon the confounding of Spirituall and Ecclesiasticall power is answered in one word by this one poore distinction betweene these two powers Now the distinction is apparant because in Spirituall gouernment there is no coactiue power but in Ecclesiasticall iudicature there is coactiue power which maketh an euident and famous difference in Iurisdiction because this is most certaine that all that Iurisdiction wherin coactiue power is vsed is from the Ciuill Magistrate Then if these two
gouernment which is reserued to Bishops as the Apostles successours After which example Gregorie the first writeth thus Serenissimi domini animum non ignoro quod se in causis sacerdotalibus miscere non soleat Gregorie calleth those causes with which the Emperours medled not causas sacerdotales meaning therby the same which Ambrose calleth causes of faith 12. Besides this Spirituall gouernment which is peculiar to Bishops there is also another part of gouernment giuen to Bishops which commeth from Princes which Constantine first gaue as hereafter we shall declare Of this Chrysostome saith I am vero pars illa quam Episcopum tractare in iudicijs conuenâ—…t infinita odia infinitas offensiones parit quae ipsa praetâ—…r quam quod negâ—…tijs quamplurimis plena est tam multas etiam difficultaies affert quam multas ne forenses quidem iudices sustinent and much more to the same purpose Augustine complaineth that he was too much troubled with these matters of iudic ture And Synosius professeth that he can not attend both businesses Antiquum tempus saith he tulit eosdem sacerdoâ—…es iudices eâ—…nim Aegyptij Hebraeorumque gens multum temporis â saceraotibus gubernata est and a little after Non condemno Episcopos qui versantur in negotiis c. Si qui vero sunt qui à rerum diuersarum aggressione non laeduntur illi for sitan possunt simul â—… fungi ciuâ—…tatibus praeesse In all these parts of Episcopal Iurisdiction which either by Apostolicall right or institution or by the fauour of Princes haue beene giuen to them the Pope hath intruded like a Foxe and maintaineth his intrusion like a Lion For as Christ left an equalitie and paritie among his Apostles often affirming and confirming that one of them should not be greater then another and yet the Apostles were in gouernement aboue other Ministers and that by the institution of Christ himselfe For the Lord after that he had chosen his twelue Apostles did chuse also seuentie Disciples and sent them two and two bâ—…fore him into euery citie where he himselfe should come saith S. Luke then Christ himselfe is the authour of this order in the Church which the Church hath since that time euer held the Bishops succeeding the Apostles as the inferiour Pastors succeeded the seuentie Disciples So the Apostles after them left the like equality among Bishops that one of them should not bee aboue another and yet Bishops in gouernment aboue other Ministers for Iurisdiction was neuer in the multitude but in gouernours the Bishops theÌ„ being the gouernors after the Apostles the like IurisdictioÌ„ was in all As Cypr. saith Episcopatus vnus est cuius à singulis pars in solidum tenetur And Hierom saith Vbicunque fuerit Episcopus siue Romae siue Eugubij c eiusdem meriti eiusdâ—…m est sacerdotij Which power in Bishops the Pope hath by surreption drawen to himselfe and now out of his fulnesse imparteth to Bishops at his pleasure as if hee were the fountaine of Iurisdiction 13. As thus he hath drawen their auncient right from Bishops so hath he drawen from Temporall Princes that which of auncient right was theirs we shall better vnderstand what he hath taken from Temporall Princes if we consider the true limits beâ—…weene the power of Princes and the power of the Church We say therefore that the Iurisdiction of the Church was neuer extended to coactiue power because God hath giuen all coactiue power to the Ciuill Magistrate to whom hee hath committed the sword And as coactiue power belongeth not to the Church so neither dooth it belong to the power of the Church to erect or establish to dissanull or dissolue this coactiue power as the Pope pretendeth to doe by excommunication deposing Kings and freeing their subiects from their faith and allegeance This dissolution of coactiue power cannot belong to the Church because this is both Temporall and coactiue the power of the Church being Spirituall cannot bee called either Temporall or coactiue Now that the power exercised by the Pope in excommunication is Temporall and coactiue is the graunt of Bellarmine for hee saith that the Church of old did not depose Nero Diocletian Iulian â—… c. Quia deerant vires temporales then he graunteth that in this present practise of the Popes there are vires temporales what is this but temporall coaction The Church in old time had all that power which Christ committed to his Church but then by the confession of Bellarmine the Church had no coactiue power therefore this coactiue power which the Pope vseth by Temporall force in deposing of Kings was not by Christ graunted to his Church And if we should yeeld Temporall coaction to the Church what power is left to the Magistrate Thus we see the auncient hedge is plucked vp and the bounds are chaunged which of old stood betweene these two powers Ciuill and Spirituall 14. Against this disordering of the auncient bounds wee haue the words of our Sauiour Christ. My kingdome is not of this world i f my kingdome were of this world my seruaunts would surely fight that I should not bee deliuered c. But because when these wordes are vrged against our aduersaries they looke ascant vpon them as if they touched them not Let vs consider how the kingdome of the Pope and his pretended Iurisdiction in deposing of Kings is vtterly ouerthrowen by these words which declare the power properly belonging to Christs kingdome that is to his Church Christ aunswereth heere to Pilats question Verse 33. Art thou the King of the Iewes By which question it appeareth there was some suspition and feares that Christ pretending for a kingdome might conspire against the state and worke the trouble and dissolution of the gouernment established For as Herod when he heard that Iesus was borne the King of the Iewes was troubled and all Ierusalem with him and entred into such feares and suspition that mooued him to kill all the young children from two yeeres old and vnder so the high Priests suggested the same suspitions to Pilate From this ground riseth this question of Pilate Art thou the King of the Iewes To this he aunswereth my kingdome is not of this world From which aunswere applied to such a question these positions issue It is against the nature of the kingdome of Christ to worke any trouble to the kingdomes of the world And that kingdome which worketh trouble to the kingdomes of this world is not the kingdome of Christ. Christs kingdome which is not of this world is his Church which is in this world but not of this world as himselfe saith If you were of this world the world would loue her owne but because you are not of this world but I haue taken you out of this world therefore this world hateth you Then we reason thus The gouernment of Christs Church breedeth no trouble
conclude directly against the Emperours purposes Thus doth Socrates report the calling of that councell but Sozomen saith it was not obtained of Valens but of Valentinian 9. Besides these publique and generall Synods there were also some more priuate and particular in calling whereof the Bishops had power The Bishop of the Diocesse vsed to call a Synod of his Clergy but could proceed no farther Prouinciall Synodes were called by Metropolitanes but in a generall Synod of many Nations the Emperour had alwayes the right of calling it as a King hath the onely right of calling a Synod of those Nations that are vnder his gouernment For as the counsell of Nice was called by Constantine so were all the counsels of these next three hundred yeares called by the Emperours that gouerned at such times Theodosius gathered the councell of Constantinople against the heresie of Macedonius in the third yeare of his raigne which was the yeare of Christ 383. saith Prosper The councell of Ephesus against Nestorius was gathered by the authority of Theodosius the younger and the fourth generall councell at Chalcedon by the authority of Martianus and Valentinianus Emperours Leo the first was a great man in these affaires and hee is the fittest to certifie vs of the truth against whose witnesse our aduersaries haue no reason to except This Pope then writing to the Emperour Theodosius saith Pietas vestra apud Ephesum constituit Synodale concilium And afterward declaring his obedience and conformity thereto saith Meum studium commodaui vt Clementiae vestrae studijs pareatur And againe Ne autem pijssimi Principis dispositioni nostra videatur praesentia defuisse fratres meos misi c. he hath the same also Epist. 23. ad Theodosium Againe hee writeth to Pulcheria to moue the Emperour to command a councell to be holden within Italy declaring that he wrote to the Emperour to intreat the same Which thing hee moueth also in other Epistles And though he much desired this that the Emperour would haue beene intreated to hold a councell within Italy yet could he not obtaine it and therefore was ready to obey the Emperour attending his pleasure therein who appointed it in another place 10 Which thing we obserue the rather because our aduersaries oflate haue yeelded this as a proper right to the Pope to call councels Catholici munus conâ—…andi concilia generalia saith Bellarmine ad Romanum pontificem propriè pertinere volunt And when they are driuen by these open and euident testimonies they shift it thus as to say another may doe it by the Popes consent but if the Pope neither appoint the place nor no other by his commaundement or consent then it is no councell but a conciliable These bee vaine and friuolous shifts of Friars For it is true that the Popes consent was to these auncient councels but no otherwise then as the consent of all other Bishops They consented because they could not chuse because they were resolued to be obedient but they could not appoint either place or time For Leo could not haue it where hee would but it was where and when the Emperour appointed 11 Before the councell of Chalcedon there is the Writ of the Emperours Valentinian and Martian called Sacra to call Bishops to Nicaea But another Sacra is sent to reuoke that and to call them to Chalcedon So that all this while the Emperors rule as those that haue Ecclesiasticall Iurisdiction They call councels they punish offenders of the Clergy they establish Ecclesiasticall Courts they are acknowledged the nourcing Fathers of Religion the keepers and preseruers of both Tables and of the discipline of the Church And therefore Leo writing to Constantinus Emperour who called the sixt Synod saith thus Cognouimus quod sancta vniuersalis maxima sexta Synodus quae per Dei gratiam imperiali decreto in regia vrbe congregata est c Wee know that the holy and vniuersall great sixt Synod which by the grace of God is called and gathered by the imperiall decree in the imperiall City c. And a little after Pietas vestra fructus misericordiae potestas custos disciplinae Your godlinesse is the fruit of Gods mercy your power is the keeper of discipline And againe Nec enim minor regnantium cura est praua corrigere quam de aduersarijs triumphare quia einimirum potestatem suam seruiendo subijciunt cuius munere imperare noscuntur c. Vnde diuinitus praordinata vestra Christianissima pietas c. Caput Ecclesia Dominum Iesum Christum veram pietatis regulam amplectendo c. For Gouernours ought to haue no lesse care to correct vngodly things then to triumph ouer their aduersaries for they submit their power to his seruice by whofe power they are knowne to rule c. Therefore your most Christian zeale preordained of God c. acknowledging our Lord Iesus Christ the true rule of godlinesse to bee the head of the Church Wherein the Bishop of Rome doth acknowledge first that the generall councell is to be called onely by the authority of the Emperour imperiali decreto Secondly that the Emperours power is such a power as is custos disciplinae Hee speaketh here in an Ecclesiasticall cause and of Ecclesiasticall affaires Now that power which is custos disciplinae Ecclesiae what is it but Ecclesiasticall Iurisdiction This word Iurisdiction was not then worne in such vse as now it is but we see the auncients vse words counteruailing it The Bishop of Rome acknowledgeth Ecclesiasticall power and Iurisdiction to be in the Emperour when hee yeeldeth him such a power as is preseruer of the discipline Ecclesiasticall Thirdly he confesseth that the care of the Church Church-gouernment for establishing the truth doth no lesse belong to the office of a Prince then to triumph ouer his foes in warre Fourthly the Bishop of Rome as then acknowledgeth no other head of the Church then Iesus Christ as appeareth by his words To the same purpose Saint Augustine saith Diuinitus praecipi regibus vt in regno suo bona iubeant mala prohibeant non solum quae pertinent ad humanam societatem verum etiam quae ad diuinam religionem Contra Crescentium li. 3. cap. 51. That is Kings are commaunded to estalish good things and prohibite euill in their Kingdomes not onely in things belonging to Ciuill societie but in such things also that belong to diuine Religion Gregorie the great following the footsteppes of his Fathers yeeldeth the fame authoritie to the King For writing to Theodoricus King of France he saith Iterata vos per vestram mercedem adhortatione pulsamus vt congregari Synodum iubeatis This part of Iurisdiction for calling of Councels is so fully confirmed to be the Emperours right by the Aunceants that Cardinall Cusanus sure no Lutheran disputing of this priuiledge concludeth from the confessed testimonies of the Aunceants these two things First That Emperours
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 therâ—…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 nâ—…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 rebuâ—… 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
partes of this Iurisdiction as wee finde the same practised at this time when it was at his height The partes of this Iurisdiction so much pursued by Popes we gather to be these power ouer Bishops power ouer generall Councels Inuestitures exemption of criminous Clerkes the Popes power in giuing lawes appellation and last of all a power to depose and depriue Kings In all which the Pope hath proceeded dâ—… facto to practise that power whereunto hee neuer had right The two first we purpose not to speake of here because of the first we haue spoken already Chapt. 5. Of the second we purpose to speake in the last Chapter the rest are here to be handled in Order and first of Inuestitures 44. The first Pope that claimed Inuestitures was Hildebrand William Malmsbury saith Hic Hildebranduâ—… quod alij iâ—…usitauerant palam eâ—…tulit excommunicans electos qui Inuestituras 〈◊〉 de manu Laici per annulum bacuâ—…m accipereâ—… That is He openly by excommunication thrust out them that had taken Inuestitures of Churches from a Lay hand by a Ring and a Staffe which thing before Hildâ—…bi and other Popes had not done Whereunto all the Histories of this time giue consent declaring that the first claime that the Popes made for Inuestitures was begunne by Hildebrand And because that the Popes were so peremptorie herein raising and continuing so great and so long a contention about this thing therefore it is thought by many that this right of Inuestitures was the Churches right and consequently the Popes And that Emperours and Kings did vsurpe it by inuasion and intrusion first priuately and then more publiquely We are therfore to seeke out this point to whose right Inuestitures did auncieâ—…tly belong whether to Kings or to Popes Now that they were a part of the auncient right of Emperours and Kings it is witnessed by Gratian for he bringeth an ancient testimonie which doth witnesse That Pope Hadrian did intreat Charles the great to come to Rome and defend the affaires of the Church and that there the Emperour held a Synode in which this auncient right was confirmed to him by Pope Hadrian Hâ—…drianus autem Papa cum vniuersa Synodo Carolo ius potâ—…statem eligendi pontificem ordinandi Apostolicam sedem dignitatem quoque patritiatus ei concesserunt Et Episcopos per singulas prouinciaâ—… ab eo Inuestituram accipere defiâ—…iuit vt nisi à rege laudetâ—…r Iâ—…uestiatur Episcopus à nemine consecretur That is Pope Hadrian with the whole Synode graunted to Charles the right and power of choosing the Pope and ordaining the Sea Apostolike and the priuiledge of the Romane Nobility and defined that Bishoppes through all Prouinces should take Inuestitures from him that a Bishoppe should be consecrated by none vnlesse he were first inuested by the Emperour Thus much is also testified by Sigebert and many moe The same is confirmed by Pope Leo who graunteth this to be the right of Otho the first as Hadrian did to Charles for thus saith Leo Othoni primo Teâ—…tonicorum Regi eiusque sâ—…ccessoribus c. perpetuam facultatem â—…ligendi successorem summae sedis Apostolicae Pontificem ac per hoc Archiepisâ—…opos seâ—… Episcopos vt ipsi ab eo Inuestituram accipiant To Otho the first Germane Emperour and to his Successours c. We grant the chusing our successour the Bishop of the chiefe Apostolicke Sea and by this to chuse Archbishoppes and Bishoppes that they may receiue Inuestitures from him 45. In both these Decrees as wel of Hadrian as of Leo there is Anathema denounced to the violators thereof Now Hildebrand was the first violator of them The things which the Popes decree in their Consistory in a full Synode vnder Anathema are things which must be vnchangeably kept or els there may be errours and vncertainty in the Decrees of his Holines which the Iesuites will not confesse But some of late presume that the Popes first graunted these Inuestitures to temporall Princes and that they haue no greater right or Title to them then from the Popes gift and the same authority say they which gaue them may reuoke this gift We answere this was yeelded to Charles when he was first made Emperour as the auncient right of the Empire This is proued first because in the same Distinction of Grâ—…tian this is often called antiqua consuetudo and prisca conâ—…uetudo and cap. 18. Pope Stephen answereth that he deferred the consecration of a Bishoppe Quod imperialem nobis vt mos est absolutionis minimè detulit Epistolam And a little after Uestrâ—… solertia imperialâ—… vt prisca dictat consuetudo percepta licentia nobis quem â—…dmodum vos scire credmus imperiali directa Epistola tunc voluntati vâ—…strae de hoc parebimuâ—… And againe Non debet ordinari qui electus fuerit nisi prius deâ—…retum generale introducatur in regiam vrbem secundum antiquam consuetudinem vt cum â—…ius scientiâ iussionâ—… debeat ordinaâ—…io prouenire Then the Bishops of Rome themselues graunt that this was the auncient vse and custome of the Empire The same is also confirmed from the reason that drew Charles then from the siege of Ticinum to that Synod it was to haue the auncient rights of the Empire confirmed to him Which thing is declared by diuers Histories especially by Theodoricus de Niem who testifieth that the reason which drew Charles to Rome at that time was to haue the right and auncient vses of the Empire clearely knowne There was saith he a Synod holden by Pope Hadrian and one hundred fifty three Bishops Abbats exquirentibâ—…s vsus leges mores eiusdem Ecclesiâ—… Imperij That is Making search of the vses lawes and customes of the same Church and of the Empire For all that could bee proued to be the auncient priuiledges of the Empire was Charles to haue then to be confirmed to him but then were Inuestitures confirmed to him therefore they were part of the auncient priuiledges of the Empire 46. Hincmâ—…rus Archbishop of Rhemes liued and wrote about the yeare eight hundred sixtie At what time without any question the auncient practise was continued of choosing Bishops by the consent of the King For he writing to the Bishops of France saith of the manner of choosing Bishops Consensu principis terrae qui res Ecclesiasticas diuino iudicio ad 〈◊〉 defendendas suscepit electione cleri atque plebis quisque ad Ecelesiasticum regimeâ—… absque vlla venalitate â—…rouehi debet That is By the consent of the Prince of the land who by the Diuine ordinance hath vndertaken the defence and preseruation of Ecclesiasticall causes and by the election of the Clergy and people ought euery one to be promoted to the Ecclesiasticall gouernment without Simony This then is the auncient right of euery Prince within his owne dominions As the same Hincmarus saith afterward Principi terrae
hath the same Story at large declaring that Pope Hadriaâ—… held a councel of one hundred and fifty three Bishops and Abbats by which Synod inuestitures were yeelded to Charles Vpon which graunt saith he the French Kings to this day hold the same priuiledges in diuers Prouinces and namely in Prouincijs Ceâ—…omanensi Rotomagensi Râ—…mensi What greater euidence can we seeke to proue that this thing was done then such confirmation from such witnesses and from such priuiledges of the kingdome of Fraunce that in the midst of Popery continued from that first priuiledge The same Author witnesseth that when Henry the fift Emperour came to Rome to appease this controuersie for Inuestitures between the Empire and the Papacy which was first raised by Hildebrand that the Emperour intreated no more then that which in publique recordes was continued the custome from Charles the great Imperator saith he volens vti consuetudine authoritate praedecessorum suorum petebat sibi seruari ea quae priâ—…ilegijs Carolo M. successoribus in Imperio iam per 300 annos amplius concessa obseruata fuâ—…runt Ex quibus priuilegijs licitè per 〈◊〉 annâ—…li virgae Episcopatus Abbatias conferebant The Emperour desiâ—…ous to vse the custome and authority of his predecesâ—…ours required that those priuiledges should bee reserued for him which were granted to Charles the great and to his successours in the Empire and obserued now for 300 yeares and more By which priuiledges it was lawfull for the Eâ—…perours to conferre Bishopricks and Abbacies by Inuestiture of a ring and a staâ—…e When the Emperour did shew these priuiledges and claimed nothing but that which by publique recordes was confirmed to him did any man then obiect that Sigebert had corrupted those euidences When the Pope nor no man for him would or could plead this corruption then it is too late and too grosse for Cardinall Baronius now to bring that plea. Against these knowne priuiledges of the Empire Pope Paschalis at that time pleaded nothing but Synodale decretum saith mine Author a late decree that the Pope himselfe had made 54. Then we haue witnesses of all sorts of all times since Sigebert But if Baronius sit as Iudge in this cause he will say all these are not able to moue him For all these wrote since the time of Sigebert and had the narration from him who by fraud and imposture put it into his Chronography as he is also charged to put the History of Pope Ioane a woman into his booke And I am perswaded that the Cardinall is more passionate in this particular against Sigebert because he reciteth also the Storie of Pope Ioane For if they can coÌ„uince him of a lie in any one thing his report may be iustly weakened for other things For Pope Ioanes matters I medle not I leaue them to him who hath of late learnedly and painfully handled the same I am now to cleare Sigebert from forgery in this point of Inuestitures And because Baronius doth peremptorily assure vs that no man before Sigebert did write it we are to search the times before him A man would think that the Cardinal so skilfull in Story as Baronius is taken to be affirming so confidently that before Sigebert none wrote thus and thereupon charging Sigebert of forgery the most hainous crime that can be committed by a vvriter of recordes should be sure of one of these two things that either in truth no Storie before Sigebert hath mentioned this or if any haue done it to expunge them so that the truth might neuer come to knowledge And to say the truth all his confidence as likewise all the confidence of that side consisteth in this new found vnblessed deuise of expunging ancient Authors And yet for all their expurgatoriall tables and shamelesse shifts this truth will not be hid We must therfore declare who hath written the same thing before Sigebert 55. First we produce Gratian Dist. 63. ca. 22. who recordeth the lame thing as before wee declared Nay saith Baronius Gratian wrote after Sigebert and hath transcribed this narration word for word out of Sigebert That Gratian wrote after him it is not altogether so cleare for there is some doubt of the time when Gratian wrote And if he wrote after him it was not long after for they liued together in one time And Gratian so much respecting the Popes authority as he doth so well read in antiquities as hee was is very vnlikely to take a tale from Sigebert which hee saw not confirmed by auncient writings or to receiue a slight report from one of his owne time and one of the Popes enemies as Baronius would make Sigebert But where he saith that Gratian transcribed this from Sigebert this wee vtterly denie for that which Gratian saith hereof if it be compared with that which Sigebert writeth cannot appeare transcribed because there are diuers words in the one narration which are not in the other Moreouer Gratian citeth another Author for it then Sigebert Let Baronius bee Iudge and Gratian the witnesse Gratian citeth the Ecclesiasticall History for this narration thus Ex Historia Ecclesiastica and then hee setteth downe the Story But Sigebert wrote no Ecclesiasticall Story therefore Gratian doth not transcribe this word for word out of Sigebert The proposition is euident in all Editions of Gratian yea euen in the Edition of Gregory the thirteenth which the same Gregory commaundeth to be preserued without addition or change in any thing Ne cuiquam liceat eidem operi quicquam addere vel immutare vel inuertere nullaue interpretamenta adiungere sed prout in hac nostra vrbe Roma nunc impressum fuit semper perpetuo integrum incorruptum conseruetur In this Edition that is with such caution and authority set forth this place of Gratian is cited out of the Ecclesiasticall Story Now that Sigebert wrote no Ecclesiasticall History all men know his booke is intituled thus Sigeberti 〈◊〉 Chronographia Baronius acknowledgeth so much and calleth it Sigeberts Chronography Neither was it his purpose to write an Ecclesiasticall History but a short and very succinct Chronography neither hath it euer beene taken and reputed for an Ecclesiasticall History Then Gratian citing an Ecclesiasticall History citeth not Sigebert but some other And this is enough to cleare the matter against Baronius that Gratian did not transcribe it from Sigebert 56. From whom then did Gratian transcribe it I say Baronius is refuted though I could not answere this question But if we must answere and make a further search I answere that Gratian cyted this assuredly from Anastasius Bibliothecarius who wrote the story of the Church and the Popes liues Anastasius is extant in Print Aâ—… one thousand sixe hundred and two Moguntiae This was long after that Baronius had vndertaken that none before Sigebert wrote thus In this Edition of Anastasius there are diuers references in the Margent to the Annals of Baronius
of his auncetours Saluo in omnibus or dine suo honore dei saâ—…cta ecclesiâ—… This clause was thought new scrupulous and offensiue The King would haue him yeeld without exception but the Archbishop would not In this contention Philippus a Legat from the Popes side came into England by him the Pope and all the Cardinals commanded the Archbishop to yeeld to the King without exception whereupon hee did so but afterward reuolted from that promise Hence a new contention began but being againe perswaded hee promised obedience to the Kings Lawes The King to hold fast this slippery Merchant required all the Bishops to fet to their approbation and seales to those Lawes Hereunto when other assented the Archbishop swore that hee would neuer set his seale to them nor allowe them Afterward the Archbishop suspended himselfe from celebrating Masse and desired to goe to Rome but the King denied him The Bishop of London accused him of Magick The King perceiuing his rebellious disposition required the Barons to giue iudgement of him that being his subiect would not be ruled by his Lawes Cito facite mihi iusticiâ—…m de illo qui homo meus ligius est stare iuri in curia mea recusat As the Barons were attending this seruice and now ready to giue sentence I prohibite you quoth the Archbishop in the behalfe of Almighty God to giue sentence vpon me for I haue appealed to the Pope And so he departed Omnibus clamantibus saith mine Author quo progrederis prodiâ—…er exspecta â—… iudicium tuum The Archbishop after this stole away out of the land changing his apparrell and name for hee called himselfe Deerman The Archbishop thus conueying himselfe out of the land came to the Pope and shewed him a Copy of these Lawes which the King called his Grandfathers Lawes When the Pope heard them reade in the presence of his Cardinals and diuers others he condemned the Lawes and excommunicated all that maintained them Condemnauit illas in perpâ—…tuum anaâ—…hematizauit omnes qui eaâ—… tenerent alâ—…quo modo fauerent saith Houeden 80. Thus did the Popes then stirre to aduance their spirituall Iurisdiction as they called it to such an height that the Kings of the earth who are set vp by God to iudge the world could not execute iustice and iudgement vpon offenders might not be suffered according to the commaundements of God to take vengeance of murtherers robbers incendiaries traytors might not execute that office for which onely they beare the sword Now because the deuotion sense and iudgement of all ages is pretended to be for the Popes Iurisdiction and against the Kings let vs obserue the iudgement of the men that liued at this time We shall finde in all this question of Iurisdiction and of these exemptions in particular that the king was iustified and the Archbishop condemned The Kings auncient Iurisdiction acknowledged the Popes new Iurisdiction and the Archbishops disobedience disallowed and abhorred of all For all the Bishops of the Prouince of Canterbury wrote a letter to the Archbishop the letter is extant in Houeden Therein they entreat him to yeeld to the King they commend the Kings care and zeale for the Church They testifie that the king requireth no more of him then the due honour which his ancestours haue alwaies had Rex a Domino constitutus pacem prouidet subiectorum per omnia vt haâ—…c conserâ—…et Ecclesijs commissis sibi populis dignitates regibus ante se debitas exhibitas sibi vult exhiberi exigit The King ordained by God prouideth his subiects peace by all meanes that he may preserue this in the Churches and people vnder him hee requireth and exacteth that Iurisdiction which was due and exhibited to the Kings which were before him They charge him with rashnesse and furious anger for suspending and condemning the Bishop of Salisbury and the Deane before any question of their fault was moued Ordo iudiciorum nouus say they hic est huc vsque legibus eanonibus vt speramus incognitus damnare primum dâ—… culpa postremo cognoscere This is a new proceeding of iudgements and as wee hope vnknowne in Lawes and Canons to this day first to condemne a man and last of all to know the fault 81. And that the iustification of the King in this cause and the condemnation of the Archbishoppe might be made more euident to all the world the same Suffraganes that is all the Bishops of the Prouince of Canterbury wrote to Pope Alexander the third to whom they giue a worthy famous testimonie of the Kings iustice temperance and chastitie declaring that the King could not be suffred to execute his Princely office nor effect his good and godly purposes in execution of Iustice for the filthinesse of some of the Clergie Rex say they fide Christian ssimus in copula â—…oiugalis castimonij honestissimus pacis iusticiae coÌ„seâ—…uator dilataâ—…or incoÌ„parabiliter strenuissimus hoc voâ—… is agit totis in his feruet desiderijs vt de regno suo tollantur scandala cuÌ„spurciâ—…ijs suis eliminentur peccata pax totum obtineat atque iustitia c. Qui cum pacem regnisui enormi insolentium quorundam Clericorum excessu non medioâ—…riter turbari cognosceret c. That is The King in faith most Christian in the bond of matrimoniall chastity most honest for preseruation and dilatation of peace and iustice without comparison the stoutest doeth with great zeale and affections desire this that scandals may be remoued out of his Kingdome that sinnes with their filth may be banished c. and finding the peace of his Kingdome not a little troubled with the enormous excesse of some insolent Clerks c. And thus they proceede declaring wherein those strange exemptions stood which then began first to bee knowne in the world For say they if a Clerke should commit murder c. the Archbishoppe would haue him punished onely by degrading but the King thought that punishment not sufficient for establishing of peace and order and for execution of iustice Hiâ—… non dominationis ambitâ—… non opprimendae Ecclesia libertatis intuitâ—… sed solummodo pacis affectu eò Rex progressus est vt regni sui consuetudines regibus ante se in regno Angliae à personis Ecclesiasticis obseruatas pacificè reuerenter exhibitas Dominus noster Rex deduci vellet in medium That is Hereupon not through ambition of Domination not with any purpose to oppresse the liberties of the Church but onely in a zeale of peace the King proceedeth thus farre as that hee will haue the customes of his Kingdome now brought to open knowledge which Ecclesiasticall persons haue obserued and peaceably and reuerently exhibited vnto the Kings of the kingdome of England before him And a little after Haec est Domini nostri regis in Ecclesiam Dei toto orbe declamata crudelitas hac ab eo persecutio That is
maintained the lawes and customes of his father against the Pope and Henry the first the lawes and customes of his brother and father and Henry the second the lawes and customes of the Kingdome vsed by his Grandfather Henry the first or any other afterward referring themselues to the same lawes the lawes and customes of which they speake are the auncient lawes and priuiledges of this land confirmed by the Conquerour receiued from King Edward proceeding from King Edgar and before him from King Alphred And are therefore of much greater antiquity then the Popish Religion lately concluded in the Councell of Trent as many parts of that Religion were Then it appeareth that the auncient lawes of this land did forbid an appeale to Rome neither is that to be much maruelled for why should it be thought strange that an appeale to Rome was vtterly forbidden by the Church and State of England feeing long before that time we finde the same thing forbidden by the Church of Africa After this time wherein Appeales to Rome were forbidden in England we finde that in Fraunce the same thing was prohibited by the law which the French call the pragmaticall Sanction for in the yeare one thousand two hundred threescore and eight Lewes the ninth French King called S. Lewes ordeined the pragmatical Sanction wherein all the oppressions of the Church of Rome are vtterly forbidden that none of those things be practised in Fraunce vnlesse it be by the expresse and free consent of the King and Church of that Kingdome Thus haue Kings alwaies prescribed against the Pope in matters of Iurisdiction as the Church in like sort hath prescribed against the Pope in matters of faith and Religion as hereafter in the last Chapter shall be declared §. VIII Of deposing and depriuing Kings and dissoluing the Oath of Alleageance wherein consisted the highest pitch of this pretended Iurisdiction 96. THE last and greatest point of this Iurisdiction wherein the strings of this authority were stretched vp to the highest was that their practise of Deposing Kings and discharging Subiects from their Alleageance By which practise the Church was confounded the States of the world ouerturned Kings robbed of their right subiects of their faith and truth euery nation scourged with warres and blood-shed and in the common vexation of all Christendome onely the Popes state and worldly glory increased who could not otherwise rise but with the ruine of the Church and States In this place therefore I will as breefely as I can passe through by way of short History the practise of the Popes in deposing of Kings That it may be apparant to the world that we are so farre from being afraid to confesse this power which they so much boast of that we are rather readie to publish it to the world For hereby all men which haue any vnderstanding of that power which Iesus Christ left to his Church may know the Tyrannie vsurpation pride vaine-glory ambition and madnesse of him who exalteth himselfe in the Church against God and against them that are called Gods Wherein we may learne to be armed with patience to suffer for a time whatsoeuer the lust of proud and bloud-sucking Popes haue leaue to do for the sinnes of our Princes and people and Churches For their time is set and drawing to an end and nothing hath beene done but that which is fore-warned in the Scripture So that by these ambitious and bloudy practises wee shall finde how the Scriptures are fulfilled 97. For one Scripture saith that a starre must fall from heauen who must be a King of the Locusts which is called also the Angell of the bottomlesse pit whose name in Hebrew is Abaddon and in Greeke Apollyon that is a destroyer Which Prophesie of his destroying power is verified most apparantly in this practise of excommunicating Kings and loosing the knot of obedience Whereby confusion and destruction is brought vpon all Kingdomes of Christendome Hereby he is proued to be a destroyer an exterminator an excommunicator Therefore the vulgar translation addeth significantly Latine habens nomen exterminans Another Scripture saith The tenne Kings shall giue their power and authority to the beast Though the Kings of Christendome did neuer directly yeeld to the Pope this authority ouer their owne Kingdomes and ouer themselues that the Popes might depose and displace them at his pleasure yet this they gaue him in effect and by consequence For they gaue him so much that he might vpon their owne graunt challenge this and they who had graunted him so much had no reason to except against his challenge For though the King which was to be depriued denied the Pope this power yet such Princes did yeeld it to him to whom the Pope had giuen the Kingdom of the deposed Prince he did yeeld it who should vse the benefit of the Popes vsurped power For example though the late Kings of France haue alwaies denied that the Pope had any Authority to depose the French Kings yet the Kings of France haue giuen him this power For the former Kings yeelded it as Pipin and Charles For they had no other title to the Kingdome then from this power of the Pope Therefore they yeelded that the Pope had power and authority to giue Kingdomes and in that sense gaue their power and authority to the beast So that when these first French Kings honoured the Pope with this vndue honour though then they seemed to receiue Kingdomes from him yet the Scripture looketh farther into these practises then they did which practised them For they respected onely themselues their owne present greatnesse but in receiuing such power from the Popes they gaue in trueth their power and authority to the Popes For how could they in iustice denie but that the same power which deposed other Kings to raise them might as well haue deposed them to raise other Thus most of the Kings of Christendome gaue their kingdomes to the Popes That this new and strange power of Antichrist may better appeare I will open the beginning and continuance of the Popes practise herein Leo Iconomachus 98. THe first Prince vpon whom the Pope began this practise was Leo the Emperour whom Platina calleth Leo the third he was called Iconomachus for defacing of Images This Prince was deposed by Gregory the third who was Pope in the yeare seuen hundred ninety sixe Pope Gregory the second prepared the way thus When Leo the Emperour being much offended at the superstitious and foule abuse of Images which he saw daily then growing in the Church did vtterly deface Images in Churches and commaunded Pope Gregory the second then Bishop of Rome to doe the like the Pope tooke his aduise in such indignation that he raised all Italy in rebellion against him So the Emperour lost his holde in Italy and a number of little States were raised in Italy euery City striuing to make it selfe a free State Gregory the second hauing done thus much died and left the
they whom he had banished from Parma were returned thither by the Popes practise and taking the Towne by force had giuen a great ouerthrow to the other Citizens fearing least this example might draw other Cities to the like reuolt he gaue ouer the iourney to Lions and wrote Letters to the French King and all Prelates refuting the Popes friuolous obiections declaring the iustice of his cause and his innocency Innocentius regarding neither iustice nor innocency pursued him by violence malice open warres secret conspiracies seeking all meanes that his vnholy head could inuent to take away the life of Fredericke As he was taking his recreation in hauking at Grossetum by the Sea shore neare to Sien the Pope drew his owne seruants to a conspiracy the conspiracy was detected and the traytors had the reward of their treason Innocentius who could not rest till he had done some Pontificall exploit against the life of this Prince stirred vp the Princes of Germany to thrust downe Fredericke and to set vp another first was set vp Henry Lantgraue of Thuringia this man besieging Vâ—…mes was wounded by the shot of an Arrow and shortly after resigned both his life and the Empire After this was William Earle of Holland set vp this man was slaine in the warres which he had gaged against the Frisians neither of these saith Naucler were numbred among the Emperours At last after so many secret traps laid for the life of this Prince behold the end of the Popes malice where strength faileth the Emperour was destroyed by poison King Iohn of England 124. THe King of England sped no better then others for by this vnbridled power of vsurped Iurisdiction King Iohn with the whole Kingdome was brought into great trouble and perplexity these troubles grew vpon a quarrell of Election betweene the Monkes of Canterbury and the Suffraganes in the seuenth yeare of King Iohn for after the death of Hubert Archbishoppe of Canterbury the Monkes without the knowledge of the King or respect of the Suffraganes chose Reynold the Subpriour of the house to be Archbishoppe who secretly went to Rome to haue this his election confirmed by the Pope but stay was made at Rome because he shewed not Letters commendatory from the King The Monkes perceiuing that without those letters commendatory they could not proceede made request to the King that they might chuse another whom the King might commend this the King liked well and commended Iohn Gray the Bishoppe of Norwich being his Chaplaine and President of his Counsell as Hollinshed saith but Mat. Paris whom he cyteth hath not so much The Monkes gladly obeyed the Kings request and madâ—… choise of this man but the Pope refusing both thrust vpon them Stephen Langton commanding and compelling so many of those Monkes of that Couent as were then at Rome to chuse him the King was herewith much moued because Stephen Langton was brought vp vnder the French King and bound to him betweene whom and King Iohn there was at that time much warre and dissention wherefore the King banished the Monkes that had chosen Stephen and wrote to the Pope that he had no reason to admit Stephen to such a place in his Kingdome a man promoted by the French King and at his commaund This contention continuing the Pope sent to the Bishoppes of England commaunding them to put the King and his land vnder the sentence of interdiction denouncing him and his land accursed The Bishoppes to whom the Pope wrote being by this time become the Popes subiects and sâ—…ruants and not the Kings which is the end which the Pope seeketh by his Iurisdiction denounced the interdiction and then fledde to Rome King Iohn seeing many fall from his obedience to the obedience of the Pope drewe his people to an Oath of Alleageance After this came Paâ—…dulph Legat from the Pope who after that he had beene here a while was commaunded by the Pope to repaire to the French King there with Stephen Langton to take Councell and to stirre vp the French to make warres vpon King Iohn Thus King Iohn was depriuâ—…d of his Gouernement his subiects absolued from their Alleageance by which practise many reuolted from him so that he was left weake and when the Popâ—… had thus weakned him then he set vp the French King in armes against him The issue was this The King circumuented by these practises of the Pope and oppressed being also bereaued of all helpe was forced to deliuer his Crowne to Pandulph and receiued it from him againe as from the Popes hands And thus was Stephen Langton made Archbishoppe this was done in the fifteenth yeare of King Iohn An. Dom. 1213. The Earle of Tholous 125. WHen Frederick the second liued so persecuted by the Pope as we haue declared a new and strange generation rose vp of a suddaine neuer seene in the world before starting vp like those armed Souldiers which the Poets faine to haue sprung vp suddenly of the Serpents teeth being sowed by Cadmus Such a serpentine generation of Friars were newly hatched at this time the first founders of them were Francis and Doâ—…inick For the Popes hauing a purpose to raise themselues aboue the Church and aboue Kings and Emperours as both by their profession and claime in the Canon Law and by their practise was apparant and for this purpose thundring out their excommunications vpon euery occasion practising this power in deposing Princes found themselues much crossed in these courses by Bishops and especially by the Bishops of Germany who stood out for a long time faithfull in the Church and couragious against the Popes tyranny Auentiâ—…us giueth many testimonies of the courage of the German Bishops as else-where also we haue obserued of the English Bishops for he writing of the times of Frederick the second the Bishops then saith he were not as now they are addict to the seruice of the Pope giuen to idlenesse and pleasure but learned industrious louing Christ and declaring their loue by feeding their flockes diligently These were not for the Popes purpose For in diuers Synodes they censured the Popes folly and ambition freely and withstood his tyrannie Then was the Church so gouerned by Bishops all matters so iudged and determined that the Pope might aduise but hee could not by authority attempt any thing in the Prouince of any Bishop thinges being guided by truth law the iudgement of the wisest and best learned in the Prouince and by the Councel and common consent of the Clergy of that Prouince Who had reason to know the estate of their Church and Prouince better then the Pope or any stranger could doe This godly order in the Church the Pope had a purpose to confound to oppâ—…esse the Bishops authority and to draw all power to himselfe Hoc iâ—…stitutum to vse the words of Aueâ—…tinus tollere antiquare Episcoporum autoruatem Labefactare ad vnius cuâ—…cta potestatem redigere complacitum est 126. This being the purpose of Popes
Dominion of Sicily for which hee was also excommunicated by the Pope and deposed After him Conradus sonne to Frederic the second obtained the Kingdome of Sicily and Apulia for which Pope Innocent the fourth deposed him from the Empire and set vp Guilliaâ—… Lantgraue of Thuring commanding the Princes to make choice of him Conrad being excommunicate and deposed maintained his right by strength of armes but was secretly taken away by the practise of poison This was supposed to be the practise of Mamphred 131. Mamphrâ—…d the bastard sonne of Frederick the second tooke and held possession of these Kingdomes after the death of 〈◊〉 Tâ—…is man was also excommunicated by the Pope and deposed the Pope seeking alwaies to bring this Kingdome vnder the obedience of the Church of Rome Pope Urâ—…an the fourth a French-man borne finding his owne power too weake to effect this Mastery ouer Sicily and Apulia gaue these Kingdomes which neuer were his to giue to Charles brother to the French King Lewes the ninth who was called S. Lewes This was the beginning of those troubles which afterward brought so great warres and bloud-shed and thereby wel-nigh the vtter ruine of Italy Charles King of Sicily and Conradinus 132. FOR Charles comming with an Army into Italy at the Popes motion ioyning battell with Mamphrâ—…d ouerthrew him and slew him in battell neare to Beneuentum Pope Clement the fourth succeeding Vrban the fourth vnderstanding that after the death of Mamphred Couradinus the sonne of Conradus then but yong prepared forces in Germany to recoâ—…er his inheritance of Sicily made Charles brother to the French King the Vicar of the Empire to giue him â—…trength against Conradinus and wrote Letters to all Christians forbidding all men to write to Conradinus as to the King of Sicily And to the Princes of Germany hee wrote likewise forbidding them vnder the terrible paine of excommunicatiâ—… to chuse Conradinus Emperour by which meanes the 〈◊〉 was without a Soueraigne Magistrate for the space of two and twenty yeares In which time Alphonsus King of Spaine and Richard Earle of Cornewall brother to Henry the third King of England contended for the Empire These had the titles of the Emperour bestowed vpon them by their friends but the Emperour was not placed till Rodolph Count of Habspurge was chosen In the meane time Charles grew strong in Italy being made by the Pope Vicar generall of the Empire 133. When Conradinus vnderstood thâ—…se practises of the Pope against him perceiuing that the Popes had a resolution to roote out the seede and vtterly to extinguish the blood of Frederic he wrote a lamentable Epistle deploring his owne fortunes and the Popes iniquities Innocent the fourth saith he hath ouerthrowne me an innocent man for Conradus my father King of Sicily left me yong and tender in the custody of the Church then Pope Innocâ—…ntins pretending my wealth professing himselfe a trusty Tutor inuaded the whole Kingdome and when once he had gotten the possession thereof he sought vnmercifully to extinguish my name and blood deuiding my lands and Countries and distributing the same among his owne kinsemen and Nephewes After his death Alexander succeeding inuited others into the possession of that Kingdom excluding mâ—… After his death Vrbanus dealt very inurbanâ—…ly for hee drewe Mamphred in excluding my selfe the true heyre The same Pope disanulling that match with Mamphred drew Charles to vndertake thâ—… businesse against my selfe After his death Clement vsed all indemency against me setting vp another King and not content herewith thundreth out his Processes against me thinking it a small matter that against God and against Iustice he hath robbed me of my Kingdome vnlesse he proceede also to take the title from me Last of all he hath established Charles Vicar of the Empire to preiudice and defeat me by all meanes Thus doth he complaine by which complaint we may vnderstand somewhat of the Popes purposes Conradinus gathered an Army and came into Italy the Pope as he passed by 〈◊〉 fome doe witnesse did prophesie his death which was not 〈◊〉 for him to doe when hee had so strongly prepared the meanes thereof Conradinus therefore was ouerthrowne by Charles and so was all the bloud of Frederick And thus was that noble line of the Dukes of Sueuia vtterly extinguished 134. When Charleâ—… had at the Popes suggestion made this distruction in the house of Sueuia the Popes not knowing how to liue in peace and quietnesse began to turn their malice vpon Charles And first Pope Nâ—…cholas the third onely fearing that Charles should be too great in Italy hauing no quarrell against hiâ—… tooke from hiâ—… the oâ—…fice of Deputy of Hetruria pretending that Râ—…dolph Emperour was therewith so much offended that vnlesse Charles would deliuer vp into his handes that regiment he would not vndertake the iourney to the holy land seâ—…ing that place belonged to the Emperour by right But when the Pope had gotten this both from the Emperor from Charles together with 〈◊〉 〈◊〉 the Exarch of Rauenna he kept all saith Platina in his owne custody and thither he sent his Nephew Thus must all the world be troubled that principalities may bee procured to the Popes bastards This â—…ope saith 〈◊〉 had a desire to create two Kings in Italy of the Vrsini one of Hetruriâ—… against the French forces now placed in Sicily and Naples the other to be King of Lumbards against the Germanes and imperiall forces But first for the more speedy ouerthrow of Charleâ—… whom the former Popes had drawen into Italy as into a trap he conspired against him labouring by all his power to throw him out and therefore gaue his Kingdomes to Peter King of Arragon The great offence between Pope 〈◊〉 and Charles grew saith 〈◊〉 qâ—…ia 〈◊〉 aâ—…entiri noluit vt suâ—…s consanguineus contraheret cum 〈◊〉 Pontificis Charles would not agree that his kinred should match with the Popes kinred Pâ—…ter King of Aragon 135. PEter King of Aragon being thus drawne in to the quarrell of Sicily by Pope Nicholas the third For saith Naucler the Pope perswaded Peter to take the Kingdom of Sicily in the right of his wife Constance who was the daughter of Mamphred and Niece to Conradinus brought an Army into Sicily and inuaded the Kingdome But Martin the fourth who succeeded Pope Nicholas excommunicated Peter deposed him depriuing him also of the Kingdome of Aragon Thus were these Princes first drawne into bloudy wars by the Popes who sometimes inuited them and laughed vpon them as louing friends sometimes plunged them in bloud as taking a delite in their destruction Let the Princes of Christendom once awake and consider the sauage nature of this wilde beast that is not onely drunk with the bloud of Saints but fed also fat with the bloud of Princes Thus the Popes filled all Christendome full of bloud with their excommunications Are these Christs Vicars are these the censures of Christes Church Martin then excommunicated Peter gaue
confirmed in the publike assembly of the States And so furious was this Vicar of Christ that himselfe led the Army vsing these words as hee went out of Rome that seeing Saint Peters keyes would not preuaile hee would trie what Saint Pauls sword could doe and so hee threw the keyes into Tiber. 157. And thus when the Princes of Christendome shall recompt their miseries the spoâ—…le and desolation of their kingdomes the ruine of auncient houses the vexation of their subiects the circumuention of their persons the exâ—…irpation and extermination of many noble families the bloody warre and by reason of warres all the troubles and calamities of Christendome then must the Pope come to remembrance with his excommunication as a firebrand in his hand taken out of the infernall pit and carried in the handes of these furies who onely hath brought all these troubles vpon the Princes of the earth so that since the time that hee began to exercise his excommunication against Princes there hath not beene much warres in these westerne parts of Christendome but such as the Pope himselfe hath raised dashing one Prince against another when first he had cast them into a deadly sleepe to make them insensible of the wrongs which hee hath done them but when they are awaked out of their sleepe they will remember all For the Popes as the great conspiratours against the States of Princes haue set Friars their resolute creatures to practise all secret treasons against the persons of Princes And because this cannot be done without great bloodshed they come resolued to shed blood like hungry wolues so headlong are they carried herein seeking a temporall Iurisdiction ouer Princes secretly by the conspiracâ—…e of Friars openly by their excommunications that if the world should stand long before the Pope with his Babylon be ouerthrowen wee haue reason to thinke that the Popes will in time vtterly cast off and reiect the maske of religion wherewith they couer their practises now and will in plaine tearmes quarrell the Princes of Christendome for their Temporall right and Iurisdiction And then will the Princes thinke it is time for them to awake CHAP. VIII Wherein is declared what opposition this Iurisdiction found in the Church after it was thus established by Popes It was confuted first by particular learned men then by generall Councels 1. AFter that this Iurisdiction thus deuised and maintained began to bee well knowen in Christendome men of learning and iudgement began to be mooued with the noueltie and examined the whole matter with care and industrie the occasion which first moued them to examine this question was the defence of this strange Iurisdiction first claimed by the Popes and afterward more fully disputed and maintained by â—…ugustinus Triumphus 〈◊〉 who was set on worke vpon this taske by the Pope For in the end of his booke we finde this written 〈◊〉 iâ—… suâ—…ma dâ—… 〈◊〉 Ecclesiasticâ—…â—…dita à frâ—…tre 〈◊〉 Triumpho 〈◊〉 in sacra 〈◊〉 magistro 〈◊〉 Eremit â—…rum sancti Augusti 〈◊〉 〈◊〉 22. 〈◊〉 M. Aâ—… 〈◊〉 1320. Where we find from what spirit this defence of this new Iurisdiction proceedeth conâ—…ing from the especiall direction of the Pope This 〈◊〉 proceedeth herein according to his direction concluding all Iurisdiction both Spirituall and Temporall to be from the Pope 2. Which thing though it seemed straunge newe absurd yet in truth 〈◊〉 could no lesse then publish for he laboureth not so much to prooue it as to publish it the Popes challenge hauing vndertaken the businesse Foâ—… the Popes before this had begunne to prescribe in their Canons so much that their flatterers had their rules now prescribed to them â—…ow farre they must stretch their consciences for the mainetenance of Iurisdiction For â—…ither they â—…ust maintaine all that the Popes had taken vpon them or else giue ouer the cause as desperate From this spirit and direction Triumphus entreth into this cause as an hireling speaking for his fee taking this ground that the Pope is as directly lord of the whole world in Temporalibus as hee is the head of the vniuersall Church in 〈◊〉 and that he hath directly Soueraigne authoritie in respect of such his worldly Dominion ouer all Emperours Kings and Princes to dispose of them and their kingdomes This opinion is now strongly maintained by the Iesuits and hath beene of late by Tho. Bozâ—…us Francisc. Bozius Card. Baronâ—…us Zecchus Carerius and other But because Triumphus is as I take it the first Friar that hath handled this question on the Popes behalfe and the learned men that first wrote against the Popes Iurisdiction haue beene mooued thereto by his writings as alâ—…o because the booke is rare to bee had I will set downe some of his 〈◊〉 poâ—…itions that the Reader may the better vnderstand what it is which they seeke and what is that against which these learned men that I am hereafter to produce doe oppose themselues 3. One poâ—…ition of 〈◊〉 is this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 â—…st 〈◊〉 〈◊〉 〈◊〉 â—… Deâ—… 〈◊〉 alijs Prâ—…latis Ecclesiâ—… iâ—… quibâ—… residet potestâ—… 〈◊〉 which he proâ—…eth by such reasons as need no other reâ—…utation sauing only the recitall thereof For it was truely said of 〈◊〉 Martyr that to know and truely to vnderstand an absurd reason is a sufficient refutation thereof His reason is 〈◊〉 potestaâ—… est data in 〈◊〉 alteri per quâ—…m habet institâ—…i regulari ordinari atque 〈◊〉 si â—…ona sit per quam habet iudâ—…cari si 〈◊〉 〈◊〉 sit sed talis est potestas sâ—…cularium Imperatorum regum c. Quia per potestatem Papâ—… habet institui regulari ordiâ—…ari si bâ—…a fit pâ—…r ipsam habet condemâ—…ari iudicari â—…i mala sit That power is giuen for seruice to another by which it must be instituted oâ—…dered and confirmed being good and iudged being euill but such is the power of secular Emperours and Princes c. For by the Pope it must be instituted ruled and ordered being good and by him it must be condemned and iudged being euill All the proofe that he bringeth for this is that Pope Zâ—…chary deposed the French King Câ—…ilperic and set â—…p 〈◊〉 in his place Aâ—… other reason is this Illa pâ—…testas est iâ—… 〈◊〉 〈◊〉 alteri â—…i 〈◊〉 â—…delitatis prâ—…stat ab ea 〈◊〉 esse â—…ne quod habet sed omnis potestas saecâ—…arium Principum Imperatorâ—… â—…iorum â—…st â—…alis Dist. 63. Can. cum tibâ—… 〈◊〉 That power is giuen and subiected for seruice to another to whom it yeeldeth an Oath of Alleageanâ—…e acknowledging all that it hath from the same but such is all the power of temporall Princes Emperours and such like Againe he saith thus Sâ—… 〈◊〉 quandoqâ—…e 〈◊〉 â—…mperatores deâ—…isse aliqua 〈◊〉 sumâ—…is 〈◊〉 sicut 〈◊〉 â—…edit Silâ—…estro hâ—…c non est 〈◊〉 â—…os dâ—…re quod sâ—…m est sed restituere quâ—…d iniusâ—… tyâ—…annice â—…blatum 〈◊〉 If sometimes we finde that