for him to get began to practise the like domineering humour upon the other Potentates of Christendome sending his letters of claime to the Kings of France England Scotland Denmarke Poland Hungarie But being opposed by Philip le Beau King of France hee did flie backe to the Emperour for succour who then was Albertus the first Emperour of the house of Austria for though his father was Emperour yet hee was not of the house of Austria neither of the old Marquesses nor late Dukes but Earle of Hansburg who had conquered the Dukedome of Austria for his sonne This Boniface the Spaniard first began the faction betwixt the Kingdome of France and the house of Austria by giving the Kingdome of France to Albertus These two better agreed then any because the Pope had taken off the Emperour from seeking his owne right in Italie by imploying him as his champion to enlarge his dominion in other Kingdomes and partly because the Emperour had good hope to continue the Empire in his familie as it hath neere foure hundred yeares From which time the Emperours and Popes disagreements were not so frequent but onely when some French favourers were Popes and they sate at Avinion as Clement the fifth with Henry the seaventh and during the times of the Councels of Constance and Basill But by reason of the schismes in the Roman See they did one another neither much good nor harme vntill the time of Alexander the sixth a Spaniard who was exactly ambitious a great lover of his countrie and one that did much for it Anonymus Hisp in vita Alex. For hee joyned with Ferdinand the first Catholick King helping him to subdue Spaine and therefore first brought in the Inquisition Contra los Iudios y mores que le aviantornado Christianos which Caranza Arch-bishop of Toledo saith Ferdinand conceived himselfe bound in conscience to vse by vertue of an oath taken with an imprecation by one of his predecessours in the fourth Councell of Toledo Baronius Annal An. 637. which Baronius so much commends This Pope also bestowed vpon him the then discovered Indies with many other favours and for his sake and in opposition to the French hee was as fast a friend to the House of Austria as his deepe dissimulation would suffer him Philip. Cominoeus lib. 8. and the rather because they had lately matched with the House of Burgundie which much weakned the French force and strengthned their factions Thuanus hist. lib. 4. But then most when Philip the heire of the House of Austria and Burgundie incorporated himselfe with Spaine So that I will conclude these things considered that this forme is onely safe and convenient for those kingdomes that propose conquests and can rule it as the protectors of it § 5. So then seeing this Clergie is not for vs I will consider of the other which for distinct proceeding we may call Democraticall When the three Prime Potentates of Christendome were Charles the fifth Henry the eighth Francis the first such as deserved and desired to haue all the soveraigne power that could of right belong vnto them and yet were contrariwise vsurped vpon and deprived of all their eminent supremacie in those things that most concerned them perceiving some beginning to question the Pope a course of relieving themselues they began to vrge a Councell for reformation not onely in doctrine and manners but also in point of Ecclesiasticall government But it was so long vrged by them to no purpose that Henry the eigth advisedly wrote to the other That seeing the Pope had so long put it off Histo Trid. and now intended to hold it within his owne territories it were the best course for every one to reforme his owne Kingdome and he did so with the advise consent and desire of the Church and Statâ— representatiue No sooner was a reformation in any degree setled but presently it was excepted against by some that favoured the Church of Geneva as not fully reformed because not agreeing with their new neat platforme that was vrged vpoÌ„ vs as the only Apostolical government of the Church But I marvell how such an exact government should be so suddenly framed or else which is more strange that they could so conceale their happy invention as that Francis the first a King of France that searched into his government as much as any should not know of it For I am very much deceived if hee had not beene much mistaken knowing of this project to desire the Councell might be held at Geneva being it was Diametrically opposite to the Romane But our State had no reason to receiue it Hist Trid. For though it was necessary not onely in reason of State but also out of conscience that after we perceived the indisposition of the Romane Clergie to reforme themselues which they seem to hold impossible For though every Cardinall takes an oath in the vacancie yet it cannot binde him when he is Pope wee should then performe our duty especially seeing it stood with the publick good Yet neither of these considerations did engage vs to accept of such a forme of Clergie as seemed to runne a cleane contrary course seeing we propounded not an innovation but a reformatioa that being as dangerous as this was necessary it could not here be entertained without an vniversall innovation Now all stirring changes are dangerous especially when the body of the common-wealth is full of diseased discontented humours Because all alteration sets the humours a working and one humour being a-foote stirs vp all the rest either alluring by sympathie or provoking by antipathy and when they are once a-foote it is to be feared that they will not onely disburthen the body of malignant oppressing cruâ—â—ties but weaken it in the most principall parts causing it to receiue a disposition to the like distemper vpon every small distaste But it is most dangerous to innovate in that part of a common-wealth that is most essentially actiue and hath beene lately recovered especially if the matter proposed doe minister any cause of relapse Both which seem too true in this new discipline which gaue an occasion to the Clergie to revolt in the denying the supremacie which they lately acknowledged And being a forraine French devise might seeme to come within the compasse of a praemunire for intrusion as well as that of the Church of Rome for vsurpation But this was only propounded not brought in and that by men who were by some beleeved to be faithfull to our State And it may be they had no dangerous aime in it yet it would haue beene very dangerous for our kingdome since it did necessarily induce an alteration in the profession and practise of the lawes which by reason of their long vse are as it were naturalized into the manners and disposition of our nation 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist Rhetor. l. 2. cap 11. It must necessarily haue conferred ruines vpon our schooles of learning and hospitals
as to haue a religion so to frame the exercise of it according to their owne dispositions but some with more doting indulgence haue at last changed it into that which they were most naturally disposed to and did not alter and order their inclinations by it As the foure grand Monarchies the Chaldean with whom the Persian may well be joyned these turned the acts of religion into philosophicall considerations enquiries and explications of nature The Egyptians a principall branch of these Monarchies and from whom some thinke the Chaldeans were derived and that Belus Neptuni Libiaeque filius in Babyloniam colonos ex Aegypto traduxisset Diodorus Siculus Biblioth lib. 1. ex iis Sacerdotes quos Chaldeos Babylonii vocant qui more Aegyptiorum astra observant c. These Egyptians naturally 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 superstitious in religion curious in mysteries transformed religion into all kinde of superstitions and by trying conclusions and chymicall experiments vpon it conceited the substance of it into vnexpected phansies furthered by mimicall expressions leading into and leaving in mysticall mazes The Grecians by nature 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 intelligent able to find out and loving to contend drew religion into disputes and would beleeue no more than they could finde out by search of reason and apprehend by force of fansie and that they obstinately maintained by a wanton working wit which they might with more ease doe seeing their language was so happy for expression The Romans by nature inclined to dominion fitted the frame of their religion to a Monarchicall forme vnder the Pontifices Cujaci◠Origin lis §. 1 yet they seemed to seeke a Monopolie of all the Gods in the world for they receiued and worshipped the Gods of all the nations they conquered These nations framing religion to these ends August Civit 〈◊〉 20. cap had a forme of government vnder religious persons sutable to further contriue and compasse by all meanes their particular purposes and therefore they gaue them power of a most large extent yea they were ruled by them for the Chaldeans were originally Priests and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a priest Synesiu 126. and a Prince were all one with them So the Magi amongst the Persians the Priests of Apollo at Delphos amongst the Grecians did what they would Pomp◠Orig. I. And the Romans were led by their Pontifices and Augures but it was whither they would namely to a Monarchy Wee having not the ends of these nations in our religion must not vse the same forme of Clergie For I conceiue the aime of the best and wisest with vs is to preserue the Church and Common-wealth together Now that cannot be where the state of the Clergie governs but where it is governed Our ayme being such let vs consider what forme will be best governed vnder this Common-wealth There are but three distinct formes of Ecclesiasticall government in Christendome as the Monarchicall Aristocraticall Democraticall of these the Aristocraticall is most conformable to the rule of this Realme In proving of which assertion I will not onely insist vpon the proofe of past and present experience that it is so but discourse in reason why it should be so And first in opposition to the other formes of Ecclesiasticall government what they are likely to produce woefull experience hath long since felt in the one and what we may expect vpon probable conjecture from the other is not to be desired by any that vnderstand and loue the happinesse of this Civill State For all their principles fundamentall in their grounds of augmentation in their growth of conservation in their heigth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Polybius lib. 6. and of reparation in their decayes are most dangerous for this Monarchy and the causes of their corruption would be so incorporated into the body and bowels of the Civill State that if it fall not before them and into their hands they would goe neere to pull it downe with them when they fall Not so speake of their power which they must haue and the exercise of it either in an ordinary and lawfull course or by indulgence or vsurpation and the manner of their proceedings in the execution of it what instruments they vse in counsell and action how much they trench vpon the power vndermine the government countermine the proceedings countermand the edict and confront a Monarchy I leaue it to wise and actiue men to consider § 3. First to speake of the Monarchicall which is now the Papall government How this Monarchicall forme hath heretofore agreed with this State all know and it is not likely that it should now so well accord with it because the reasons of that little agreement then the present particular interest in which this State vsed that Monarchy are ceased for then wee aymed to enlarge our dominion by the right of succession in France by the right of conquest in Scotland and Ireland But the causes of disagreement still remaine and are in their part aggravated to an vtter opposition so that as before it was dangerous so now it is a desperate case to re-entertaine that forme of Clergie which can and will rule vs and must necessarily alter and so worke the ruine of the present state Vnder this forme this Kingdome was no Monarchie but a Province vnder a forreiner an vsurper and a tyrant This was our best condition when that Clergie ruled vs though as favourable as they could or did any Monarchy in Europe The lawes and priviledges of the land were continually broken and infringed by them especially those lawes that did most immediatly vphold the Kings prerogatiue Against them they continually promulgated particular edicts for the decrees were too generall to be applyed to occasions and therefore they added the decretals so called because they gaue wings to the decrees for quicker dispatch And wee shall finde Duare◠benefici◠Prooem that most of the Decretall epistles which concerne Iurisdiction were written to English Prelates And as I conceiue some reason might be because the lawes of this land are more contrary to the Canon Law than the lawes of any other States in Christendome being they are more ruled by the Civill Law from which the Canon is derived and so more causes might arise here amongst vs either out of the contrariety of the Lawes or out of the narrower extent of the Common Law and also partly out of the ignorance of the proceedings of this State which was then likely to be most because intercourse and intelligence with Rome for that time was abridged for Henry 2. being then at variance with Thomas Becket who was sheltered by the Pope Alexander the third permitted not any Legate to reside in the kingdome but as soone as Vivian was arrived he was questioned and that by the Bishops of Winchester and Ely how hee durst land without the Kings speciall licence And partly they writ the oftner to English Bishops because they suspected them and justly to be
his Majesties particular reasons for I should not be able to finde them out because a Kings heart is not to be sounded and searched by a private head that is not able to conceiue the heigth of their ends but I will discourse of it a hee is our King â—f from a single relation there doe arise as singular respect surely a double portion of respect will follow a double relation Now this Aristocraticall Clergie haue not onely relation to their Prince as hee is a crowned King and they his lawfull subjects but also as hee is the Lords annoynted defender of the faith according to his just title as his Maiestie pleases to speake in his declaration before the Articles For they also are the Lords annoynted deliuering that faith and the Primate of them the immediate instrument of his consecration so that as by the crowning they are by right his subiects so this annoynting of God superinduceth a brotherhood betwixt Kings and Bishops as Sr Francis Bacon in his Booke to King Iames for this relation is onely ancient in our Kings amongst the Princes of Christendome for though as our Soveraigne is crowned by the Archbishop of Canterbury so the Emperours when they were Kings of France began to be annoynted and crowned by the Archbishops of Mentz Collen and Trier as they were Emperours and by the Archbishop of Rhemes as they were Kings of France Yet the Kings of France of the first line at least were not annoynted as one of the freest Historians confesses De la primiere Lignèe oinct ny sacre à Rhemes Girarddu Hallon des affoâ—â—es l. 2. And though the Kings of Spaine are crowned by the Arch-bishop of Tolledo the Kings of Denmarke by the Arch-bishop of Vpsale the Kings of Polonia by the Arch-bishop of Guesire the Kings of Hungarie by the Arch-bishop of Strigon the Kings of Navarre by the Bishop of Pampolune yet none of them were anciently annoynted Now it cannot be denied but as this reall relation doth more peculiar and appropriate the State Ecclesiastick to our King Vid. Legibus saucti Edvardi so it makes him not onely the supreame head and governour but also the chiefe guide and guardian for by it he is more than a meere Lay-man hee is a mixt person having supreame Ecclesiastick as well as Civill government Reges sancto oleo vncti sunt spiritualis iurisdictionis capaces Which sentence was applied to our King in the time of Edward the third 33. Ecâ— Aide lâ— Gryme 12. §. And Guymer in his Comment on the pragmaticall sanction of France is peremptorie quòd Reges inuncti non sunt meri Laici and addes inde Reges Angliae conferunt beneficia So that by this is there some addition granted to the power of Princes over the Church Though the old glosse vpon the Clementines avouch quòd vnctio nil addit ad potestatem Imperatoris which the Gregorian edition of the Common Law did well to dislike Clemeâ— tit 6. Regis but they should haue done better not to haue given a worse And if it adde to their power over the Church then as they haue more right by it so they haue more reason from it to doe what good they please for the Clergie So that doe but consider the quality and qualifications of our Kings person to doe for his Clergie and you will say he hath greatest reason of any Prince Consider againe the reasons on the part of the present State Ecclesiasticall and you shall finde that they deserue more of their Prince than any Clergie these foure hundred yeares § 5. But I must presuppose before that will be granted that our Monarch of great Brittaine hath not any reason to giue or bestow meanes and revenues vpon any forraine State Ecclesiasticall No Prince hath reason to bestow â—is free favours vpon any over whom hee hath for the present no right to rule nor hath heretofore promised it neither by himselfe or by his predecessours and thereby bound himsesfe to farther and favour them So that though the Romane Clergie doth claime and clamour for revenues and priviledges from our King yet as they haue no right to claime them so they haue no reason to expect them for they are so farre from being his deserving domestick subiects that they are his deadly enemies though they be imbred and homebred They haue not then any right for neither our K. nor any of his lawfull predecessours did ever binde themselues to any such performances Later better learned writers of the Romish faction finding by the carefull and curious examination of sundry passages in infinite interpreters how hard a thing it was to proue their vniversall supremacie in temporalibus by direct evidence out of Gods word resolue to proue it by Charter-grant and priviledge from Princes pieties as Augustinus Steucus Librarian to Pope Paul the third sets downe the claime the Pope laid to all the kingdomes in Christendome grounding all from the particular grants from the Kings but especially Boniface the eights letter of Demands As for instance from Constantine the first and the best one Phocas the first and the worst from the vniversall gifts of those vniversall Emperours they ground a generall right in all kingdomes The Bononian Canonists deale cunningly and seeme to deale ingenuously playing the sophisters more than the sycophants in this point discoursing of this donation of Constantine for they lay it downe as a presupposed presumption in the Law That there is such a true deed notwithstanding there be no mention made of it in any part of the sincere Civill Law Sed quae notabiliter fiunt specialiter notanda sunt But they never question it de facto but enquire quo iure and an sit revocabile and since they doe not full affirme that he gaue it vp â— will not so much as shew the falsitie of it but referre all to the most judicious and modestly moderate amongst them But for Phocas his grant Covâ—â—â—u vias 〈◊〉 quest c. 1 mem 9. Decius Consil 130. a faithlesse vsurping tyrant I leaue it to be judged of by those that chuse to measure claimes and titles by the line of equity and not by the Last of ambition Yet thus I will inferre against it that a Charter granted as this was chiefly vpon a ground of cunning with a purpose to maintaine a plot by partie which was vndertaken and begun by fraud might haue beene after revoaked by himselfe or anulled or repealed by his successours And farther I say that though this grant were authentick in all points yet the Popes could haue no right to this kingdome by it because this kingdome was excluded from the care protection and providence of the Romane Empire neere two hundred yeares before Phocas For Aelius L. Lieutenant for Valentimanus in the parts of France Polyâ— cap. 1 sent word to the Brittains that they were to looke for no more ayde from the Empire which was fallen into faction scarce able to
more partiall for their Prince than the Prelates of any other kingdome as appeares by their readinesse to examine this Legate and also by an epistle Decretall of Alexander the third to the Bishop of London Lib 4. tâ—â—t 17. câ—p 7. qui filij legitimi Sarisburiensis de nugis curial lib. 7. cap. 24 who then was Gilbert Foliot a man much commended by Mathew Paris and Iohn Sarisburiensis in that epistle hee curries favour with him in a cause which hee knew was of Ecclesiasticall cognizance and was so judged here in the Kings court as appeares out of Glanvill then Lord chiefe Iustice I think in the very particular case Glanvill lib. 7. cap. 15. Ad Regem Angliae pertinet de possessionibus iudicare Iohannes de Parisijs contra Bonifacium octavum cap. 12. But he feared seeing the Bishop could doe so much with the King and would doe so much for his King least hee should finde some way to entitle it to the Crowne and hee had good reason to feare since the Bishop had so often in the Kings behalfe opposed Thomas Becket and him These may bee some reasons why the Popes sent so many epistles into England and I am the more confirmed in them because I finde they were for the greatest part written by the most Pragmaticall Popes who busied and bestirred themselves most in setting up orders and new fresh Fryes and fraternities of Fryers and in pulling downe the powers both of our Kings and Bishops to wit from those seaven Popes who were the thirds and I thinke the worst of their names I am sure of their predecessors As for the most part they were written from Alex. 3. Lucius tertius Vrbanus tertius Clemens tertius Coelestinus tertius Innocens tertius and Honorius tertius these men did and undid very much because they were active and lived long If then this forme of Clergie was thus prejudiciall to our state before it was opposed and incensed by the statute of Proviso and Premunire and cast off by the Kings just re-assuming their power which shewes that all their right was nothing but our soveraignes wrong surely now wee are not to expect so much favour from them and therefore as the State then thought it necessarie and right to casheere it and brought their purpose fully to passe so it is now more necessary and just to keepe it out since it is infinitely increased in tyranny since that unhappy unadvised ill advised conventicle at Trent § 4. Those nations shall have the best use of that forme who propound a civill state as large as their Ecclesiasticall and to whom he hath first sought too for assistance and withall are able to overrule it For after Iustinianus the last of the true Roman Emperours and Gregory the last of the good Popes that See claue to Phocas who named the Pope Vniversall Bishop that hee might proclaime him Catholique Emperour But when in the next Centurie the Easterne Emperours were infested with Saracens warre began to pull downe images as some cause of the warres which the Pope endeavoured to set up againe then by the second Councell of Nice whether because they did him wrong in disobedience or rather because they could doe him no good the Greeke Pope Zachary fell off to the French before the next Centurie And then Pipin used him to confirme not to conferre his new atchived Kingdome for in those dayes they gave no such power neither did Pope Zachary claime it for hee deposed not Childericke but consented to the deposing which was by the Peeres of France neither did he set up Pipin in his roome but they that deposed the other onely sent to Rome to have Zacharies advise in it Bulla 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because it might passe more plausibly in the world by the consent of so grave an Oracle as it hath alway beene good wisedome to winde in the conscience of one who is esteemed an upright Iudge for the countenance of an unusuall cause humorously undertaken by the first Author especially there being then a faction amongst the Bishops of France Baroâ— nal 〈◊〉 so that this inquirie of his judgement in point of fact did non submit to any claime of right And Gotefridus Viterbrensis affirmes and Baronius confesses Francos non Zachariae paruisse decreto Baroâ— nal 〈◊〉 sed acquievisse consilio and there is great difference betwixt an absolute injunction and a politique advise which is onely an answere out of discretion and left to discretion implies no obligation of necessitie But this is without question Pipin being ambitious of the Kingdome and desirous to cover and colour it with religious ends used the Pope to countenance and compasse his designe who would not withstand him being ingaged to him for protection and by bounty or which is likelier hee durst not being too much in his power But howsoever it was he clave fast unto the French for that Century especially to Charles the great the repairer of the Westerne Empire from whom the Caroline succession continued till Otho the third But then the French Kings being distracted by warres at home Augustinus de Aâ—cona de potest Papae quaest 37. Art 5. could no more assist them Gregory the fift an Almaine transferred it to the Almaines chose those seaven Electors but they agreed not well together after the Almaine Pope was dead and Italians succeeded they presently began to quarrell with the Emperour and to send challenges of right into Italy knowing that the Emperour was not able to doe much for them in giving them as the French had done and perceiving hee was more unable to hold from them that which they would have Segebertus â—hron passim so that the Emperours were continually imbroiled by them being not able to rule them decreasing as fast as they rose Then the opposition betwixt many particular Popes and Emperours as betwixt Gregory the seaventh and Henry the fourth and Alexander the third with Fredericke Barbarossa was very strong But after it grew to such a height that they were setled into factions of separations as the Ecclesiastiques and Imperialists especially in Italy Nabrigensis hist Anglicana lib. 4. cap. 13. which the Italians quickly perceiving because earnestly desiring the Emperours power over them to be looser began to make use of the Papall present opposition to procure their full liberty Abbas Vnspergensis chron passim and therefore these factions were most strong there Yet that grand faction distinguished by many formalities was principally maintained under the names of the Guelfs and Gibellins which swallowed up all the private and pettie familie factions of Italie As the Vrsini in Rome were Guelfes Mat hist Ann the Collonensi Gibellins the Vberti in Florence were Gibellins the Bondelmonti Guelfes and so it was in Naples Venice Millaine which strife continued hot till Boniface the eight who perceiving how much his predecessors had gained upon the Emperour and saw but little more
the event of this action was good is proved by the deliverance of the state But for the action in it selfe considered as I doe not commend it so I will not condemne it because I am not able to sift and search into the circumstances of it but I will onely say thus much of it That actions that ayme at and make great alteration though to the best doe seldome keepe a just mediocrity especially in respect of that part of the common-wealth which is the subject of the alterations as a strong stirring Chymicall spirit-purge doth in a naturall body that stirres vp more than should be moved and purges out good as well as ill humours But no sooner was our State thus delivered from vnder the tyrannie of the Ecclesiasticall Monarchy but it as soone pitched vpon the Aristocraticall government as suitable and fitting best with the weale-publick And as all the Christian world did then in sincere judgement of State rebus sic staantibus approue their choyce so we haue ever since found the happy effects of it in the safety honour and treasure of the State Consider it first how it wrought little or no alteration in the receiving being according to the lawes taken by their owne choyce restrayned with the limitations of the Civill State For all the turmoyle and tossing tumult was onely in casting out the other forme as a privation before the induction of a new forme in naturall bodies It was received without force as most naturall to the Civill State and no other could haue beene brought in with such certaine good security of the state for the Monarchicall that time could not be received Histor Concil Trid. lib. 2. but either vpon their repentance of what they had done and by procuring of a pardon from the Pope as it was in Queene Maries dayes and doe but consider how evill that was for the State or else by helpe of forraine force joyning with domestick rebellion as was often attempted But this was not any thing safe for the kingdome as is already proved And for the Democraticall discipline there was great and certaine danger in receiving of that for it could not possibly be conceived to be received but with a schismaticall sedition since it was approved but by a faction Now doe but consider how dangerous seditions are in an ancient kingdome if it were now a settling happily the vigour of youth would beare it out as one maine reason as I conceiue why the Roman Monarchy was not ruined by those foure first grand seditions was because it was but secunda aetas quasi adolescentia Lucius Florus lib. 1. cap. 22. But when a State is growing old seditions are desperate courses to procure changes though it be for the best For though the events of them be but doubtfull yet the deciding-place is certaine of losse But for this present forme as it re-entred without a State-earthquake without any shaking of the ground of the Civill government so it hath ever continued peaceable and a pacifier of growing differences being the middle State of three carrying it selfe as a moderating mediator betwixt the King and the Subjects And all this good and much more proceeds from the temper of the forme of government For it is the onely forme fit to be vnder this Monarchy because it will onely be easily ruled and ordered by the State when as both the other will rule wher they are entertained although after a divers manner one having dominion over the Civill the other without it But this is vnder the Civill in relation to the head and in it in relation to the body And as it is easily ruled so it will not easily be disordered as the other will though they should submit to be ruled for a time till they be able to resist For ambition is so perniciously provident that it will be something able to resist the power of its opposite to get from vnder it before it trie to goe about it First taking care not to be oppressed before it endeavour to oppresse for all the branches of rebellion are rooted and hid in the depths of dissembled disobedience But this is not so inclined for if any forme of policie degenerate it must be either into a Tyranny an Oligarchy or a dissolute Ochlocraty Now an Aristocracie cannot be immediately dissolved either into a tyranny or a tumultuous popularity And it is not easie to conceiue how it should by any meanes by the course of State corruption ever degenerate into a head-strong popularity of it owne accord without externall force And as little reason there is why this should advance it selfe to a tyranny by turning the Church into a court Earle 〈◊〉 bury hi◠to scan◠papers and religion into a vassall to ambition for it must be reduced and restrained into an Oligarchie and there is no great reason in this point to feare the Clergie in this kingdome all things considered It is true as all Historians and Politicks obserue that an Aristocracie is subject and prone to be corrupted into an Oligarchie But doe but obserue the end of an Oligarchie and you will finde that an Aristocracie can haue no such ayme for their end is to grow rich as the States of Venice and the Belgick provinces and their counsels driue at that end Arist Rhet. lib. 1. c. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and according to this end and this counsell to it he that will prevaile in perswading with them must deliberate Sen. Suasor 1. in libera civitate non vt apud reges quae delectant sed quae prosunt suadenda sunt But our Ecclesiasticall Aristocracie is not to be so perswaded having no such counsels because not the same end only they may be rich if they did desire it because being poore they are a fit subject of wealth The poverty of this Clergie hath charmed it against actiue ambition so that one of the Optimates doe not looke higher than his peeres set with him in equall power and honour in relation to their severall Diocesses though the power of jurisdiction be in some cases larger in the provinciall Prelate Nemo nostrum Episcopum se Episcoporum esse dicit Augustinus contra Donat. lib. 4. cap. 1. neque tyrannico terrore ad obsequendi necessitatem collegas suas adigit so that per accidens the impoverishing of the Clergie in Henry the eight when it seemed in the eye of some too rich for the Civill State did this good to preserue them from an Oligarchie even as to take so much bloud away in a plurisie as to bring a man to a deepe consumption is a probable preservatiue against dying of a burning feaver So that alteration of this State is not much to be feared in respect they haue no reason to alter it and withall it is not easily altered if they had this or any other ground to doe it For an Aristocracie in it selfe considered is a government of a most constant
support it selfe being thus abandoned all lawes did free them from duty and dependance Baron nal 4 But to make these generall grants the stronger they pretend particular grants from our owne Kings as from Ina King of the West Saxons that was indeed religious and from King Iohn that was impious as well sans foye as his title was sans terre as the King of France Math 1216. Philip the second said Iohannes nunquam fuit verus Rex neither of these binde our State for â—he Peter-pence contributed to Rome by Ina are called in the lawes of Conatus Larga Regis benignitas and in the abstract which is the best of the confessours and conquerours decrees Regis Eleemosynae which imports not due nor duty but charity and the Popes to be his beads-man not the King to be his homager There were many manifest nullities in King Iohns grant for he had no right to hold the Kingdome and if he had held it by right yet he could not grant any thing in prejudice of the whole State without the consent Regni vniversitatis as Mathew Paris tearmeth the Parliament and a third mullitie is in the force of the grant where whatsoever is passed in the body of the grant is resumed by this proviso in the conclusion Math. ibidem Salvis nobis haeredibus nostris Iustitiis liberalitatibus regalibus nostris which being luckily inserted salues all and makes it absolutely voyd But the maine grant which Baronius relies vpon is a donation from Ethelulphus King of the West Saxons which seemes very lawfull if it were as he saith salubri consilio Episcoporum Principum Baron Annal. Anno. 854. but yet that deed if wee free it from being forged was voyd if you doe but consider amongst many other things the incompetencie and incapacitie of the person to whom the deed was made Now Baronius is peremptory that it was made to the immediate successour of Leo the fourth which according to all the truest writers of the Popes liues was Iohn the eight which they conclude was a woman fu vna donna natio de Inghilterra che vacata là sede Apostolica Petro de Mexia della silva cap 9. per la morte di Leon quarto fu eletta per sonno Pontifice di Roma as Petro de Mexia and Boccacio de las mugeres illustres the King might perhaps haue done much for his country woman if he had knowne it but shee was not capable to receiue such a deed to her vse and therefore the Iurists haue reason to make this question Hottoman quaest illust 17. Vtrum acta Iohannis octavi in papatu rata esse debent And if what shee did was voyd what was done for her iâ— not firme being it was given supposing shee was capable So it is plaine that this engine is not able to vphold this claime being so loose and hanging together in the joynts like sick mens dreames shewing their inconsiderate inconstant humours their proofes being as weake as their imagination is strong all standing vpon slender supposals particular interest making partiall But they haue another ground for a presumption of their right because some poore oppressed Princes haue desired to hold their kingdomes from them as some vsurpers sought to obtaine dominions by their gift who depose Kings that they may dispose of their kingdomes But this is nothing and they stand not vpon it but when they haue nothing else to say I doe not by this goe about to deny that our Kings haue beene bountifull Benefactors to the Roman Clergie but this onely I stand vpon that they haue no reason to continue so still since they were never lawfully bound to it Neither doe I deny that any Prince should conferre favours vpon some forraine Ecclesiasticall State with this caution that he be not prejudiced by the kindnes may haue so good vse of their thankefulnesse As suppose any Prince should be called into Germany or Italy Dies nuâ— transit 〈◊〉 aliquod pâ— fecerit sâ— vt Aeraâ— non eveâ— vt de Seâ— Lampr. or any other kingdom by an oppressed State Ecclesiasticall that Prince may doe royally to invest them into their former spirituall possessions and yet never impoverish or inslaue his owne kingdome to them and also binde them to him for protection Thus did Pipine Charles the great Lodovicus pius they releeved the Roman Clergie and bestowed very much vpon them in large territories but they gaue them nothing in France but onely what they recovered for them in Italy it is then evident Guicc li hist Itaâ— that our King hath no reason to bestow honour or power revenues or priviledges vpon any forraine State Ecclesiasticall and it is as plaine that he hath the greatest reason of any Prince in Christendome to bestow them all vpon his owne domestick Clergie § 6. The Nobility and the Clergie are the prime pillars of a Monarchie and the Communaltie is the ground whereon they stand And this they well know that intend the ruine of it for they will be sure to strike at these two props knowing that then it will fall and the ground and foundation remaine to them to erect a-new as Ball a Masse-Priest Chaplain to Wat Tyler advised his chieftane to destroy all the Clergie and Nobility so Garnet did the Traytors in the powder-plot as the Earle of Northampton well observeth and therefore Philip the second of Spaine who was seldome in an errour about the vpholding or inlarging a Monarchie advises his sonne Philip the third to stick fast to the Clergie los Clerigos amigo as I haue beene but yet so as you disregard not the Nobility otherwise they will hate you and envie them and ruine all Now if the Kings of Spaine haue reason so highly to favour their Clergie as to feare least their kindnesse to them should kindle indignation in the Nobility surely our Prince hath more reason so highly to succour his Clergie as that it may not be the object of the contempt of the vulgar For the Clergie of Spaine and all the Romish faction are not simply subject to them but deny Civill obedience alwayes to their Prince where Canonicall obedience commands the contrary or priviledges aboue it when as our Clergie are as true subjects as any State renounce all obedience to any other Potentate So that this hearty adherence to his Majestie is one reason yea they bestow all their labours in Gods service onely in dominions expect favour from none but his highnesse and they are more beneficiall to their King than any Clergie in Christendome to his natiue Prince or any State in this kingdome to the Crowne For though the revenues of other Clergies as of Spaine be infinitely aboue ours Nicholaus Olâ—evâ—â— de regno Hispaniae as one of their Historians Opes Ecclesiasticorum paenè aequales sunt secularium vnà cum Regis Yet they are not so constantly beneficiall to the King but to the