Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	power_n	spiritual_a	temporal_a	8,634	5	8.7196	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A11771	Aphorismes of state or Certaine secret articles for the re-edifying of the Romish Church agreed vpon, and approued in councell, by the Colledge of Cardinalls in Rome, shewed and deliuered vnto Pope Gregory the 15. a little before his death. Whereunto is annexed a censure vpon the chiefe points of that which the cardinalls had concluded. By Tho. Scott. Very needfull and profitable for all those, who are desirous to vnderstand the euent of the restitution of the Palatinate: and of the state of the Prince-Electors, of Saxon and Brandenburgh, in the behalfe of the clergie in Rome. Fit for the Brittish nation, especially to take notice of, that they may euidently see, the issue of all our treaties, ambassages, and promises, with other hopes depending: wherein we haue beene long held in suspence, and are still like to be, to our vnrecouerable losse. Faithfully translated according to the Latine, and Netherlandish Dutch, into English.; Nieuwe, ongehoorde, vreemde en secrete artijckelen, tot herbouwinge vande Roomsche Kercke-standt, by het Collegie der Cardinalen binnen Romen. English	Scott, Thomas, 1580?-1626.; Catholic Church. Collegium Cardinalium.	1624 (1624)	STC 22065; ESTC S100964	18,484	32

people of Italy by processe of time and the Inuasion of many Nations and pillagings as being subiect to the Gothes Vice-Gothes Humes and Longbardes and being not able with their owne forces to defend themselues and the Grecians taking no care at all of them for the performance therof nay that which is more they themselues heaping euill vpon euill and vsing all diligence to suppresse and spoile them vsing to great auariciousnesse and desire of authoritie ouer them they marking the excessiue couetousnesse of the Grecians and also their carelesnesse obseruing also the worthinesse capacitie and equitie of the Germanes they transported the Empire from the Grecians vnto the Germanes and recommended the same to Carolus Magnus This transport of the Empire being effected by the Romans and other people of Italy and that with the common consent and authoritie of them all out of all doubt had full power and hath remained firme Hence appeareth plaine enough that they are either fooles or else are much deceiued which thinke that the Empire was transported to the Francks for heresie This also is worthy consideration that although the Easterne Empire was transported by Pope Leo to the Westerne that the Pope hath now the same right to remoue the Empire according to his will In olde time it was otherwise then it is now Let vs grant that the Pope of Rome had some right as the best qualified citizen of the citie nay that the City which neuer yet was done had transported all her power vnto him what doth that concerne these our present times since that the Pope hath driuen the Emperour out of the dominion of the Citie After what manner say I hereafter shall either Rome it selfe or the Pope of Rome pretend any right in the electing of an Emperour since they doe not acknowledge the Emperour for their Lord yea since it is acknowledged that the prince Electors are to be ordained by the consent and voices of the States and this is by the approbation of Gregory the 5 hath not the Pope lost his right when he consented hereunto so that hereby that authoritie which the Pope ascribeth to himselfe is quite ouerthrowne What a number of proofes might be produced against this power of the Pope yea also the testimonie of principall personages who by reason of their learning are exceeding famous Here followeth the third part which falleth very grieuously both with tooth and naile vpon the bodies of all those that dislike the sentence of the Pope and that consisteth in the three last Articles And first that is touched which concerneth the election that is the right of voice is taken from the Prince Elector the Duke of Saxon vnder this pretext because forsooth the Pope of Rome hath not confirmed that dignitie wherwith that family for these many yeares hath been invested nor is it confirmed by the Pope as if that illustrious Family had not been so wise as neuer to haue required the same of the Pope It is but too well knowne vnto them that they whom the Hope glorieth to haue honoured with the name of Empire or Authoritie that hee taketh away from them the maiestie of authoritie so that his investing may well be called disrobing and his crowning a dethroning or deposing For I pray you of what consequence is the confirmation of the Pope vnto those whom he driues into a bodily feare if he had no temporall power It is such as Origen long ago vnderstood to be which he taught as appeareth by his writings vpon Mathew on his twelfth Homily Among you which are mine these things shall not be to the end that those which haue any power in the Church doe not seeme to domineere ouer their brethren nor to vse any authoritie For like as a necessitie is imposed vpon temporall matters and not left to the will and spirituall matters in will and not in necessity so shall the dominion of spirituall Princes be confirmed in loue and not in bodily feare If therefore the power of the prince Electors be from the Pope because that the Emperiall power is from him as our adversaries affirme how can they proue that the dignitie of the prince Elector must proceed from the Pope if it be not needfull that the Emperour be confirmed by the Pope There is a text that saith The Army maketh an Emperour The Glosse saith thereby He is a right Emperour before he be confirmed by the Pope This they of Basil vnderstood very well who after the death of Lodowicke where the Lord of Bambergher chiefe President made this answer That Emperour which the prince Electors shall ordaine for vs him will we accept of although he haue no respect vnto the Pope This appeareth in supplemento Vrspergensi Nay that which is more the Pope himselfe confesseth that not the Empire it selfe but the Emperiall title rested onely in him Pope Adrian the fourth in his Epistle to the Archbishop of Ments Tryer and Cullen saith The name of the Emperour is from the Pope but the Empire and Authoritie cometh from the prince Electors Hence then is confuted that which is said in the 27. Article since that the Pope hath confirmed the Duke of Bavaria in the dignitie of prince Elector that then not onely the King of Spaine who is there mentioned but also the Emperour is bereaued of the power to restore againe vnto the Palsgraue his hereditary possessions and the dignitie of the prince electorship For if the Pope hath no power in the affaires of the Empire then shall the Emperour by his doings not lose his right much lesse any other Prince if he before the Popes deed had any right of suffrage I am forced to stop my eares by the reason of that extreame proud and ambitious affront which is set downe in the 28 Article That although the two most puissant Kings of Great Brittaine and Denmarke or the two illustrous prince Electors of Saxon and Brandenburgh should require of the Emperour that the Palsgraue of the Rhine might be restored againe vnto his hereditary possessions and dignitie of prince Elector that they then robbed the Seate of Rome of the right of its maiestie and did attribute the power of the prince Electors dignitie vnto the Emperour The Pope of Rome doth very falsly attribute that Maiesty vnto himselfe which appertaineth to the Emperour and to the Princes of the Empire and the States Very falsly is the Pope of Rome called here the Fountaine and Sourse of the prince Electors dignities because that power is sprung out of the Councell of the Germaine Princes Like as Naucleius saith Generat 34. The writer Theodoricus Niemus vseth these words The Princes of Germanie haue ordained it so The very same also do other writers affirme Neither do I deny that it was with the approbatiō of Pope Gregory the 5. Therefore the temporall dignitie is not chiefely from the Pope for not the Pope but the princes of the Empire doe represent the whole body and people of the

vnto others for euer whereupon they presently assembled and elected Henry Emperour From all this very plainely appeareth that the French assuredly knew that it was in the Popes power to establish the Emperiall command in their Kingdome and to transport from the Germanes the Empire and the right of the Election and therefore may the Pope according to the plenitude of his power no longer vse conniuence when as these Arch-Hereticks the Saxon and the Brandenburgher would throw downe into hell the antiquity and order of the Empire The 12. Article IT is in the Popes hands as in all Histories appeareth to renew the Emperour in their Empire to transport the authority of one Nation vnto another and vtterly to abolish the right of Election how wickedly and vngodly then doth the Saxon in labouring to plucke the sayd power from the Chaire of Rome and to vnite the same vnto the Colledge of the Prince Electors By this meanes the Pope of Rome and the Emperour may expect that from this permission the rest of the Arch-Hereticks the Saxon and the Brandenburgher may change the Essence of the holy Church and of the Empire into an abhominable and cursed monster The 13. Article SInce that Wenceslaus by reason of his follies by the Prince-Electors was deposed from the Emperiall seat and contrarily Robert Palsgraue of the Rhine by the commaund and authority of Pope Boniface the 9. ascended to that high dignity In like manner also is the Palsgraue that Arch-hereticke because he had committed high treason and had disturbed the Common-peace of the Emperour and the Empire detruded from his Prince-Electorship And contrarily for the recouering of the Antiquity the Emperour with the sacred and true Prince-Electors as sonne obedient to the Church and diligent in maintaining Antiquity by Commission from the Pope hath promoted Maximilian Duke of Bauaria in all right vnto that high degree of Prince-Electorship The 14. Article SO that by the Authority of the Apostelicall seate the power of Electing an Emperour and a Prince Elector is drawne into the number of seauen Princes yet whereas according to the Concession of Gregory the 5. it appertained vnto all the Princes of Germany also by the same plenitude of power it is lawfull for the Pope to cut off the Dignity of the Prince-electorshippe from the Palsgraue and his heires and to transport the same vnto the Duke of Bauaria The 15. Article THe plenitude of the power of the Apostolicall seate is prooued by the publique documents as is the Election of Rudolph of Habsburgh Adolph Henry the 7 Charles the 4. Wenceslaus and Rupertus who had no other stability but from the grant and consent of Nicholas the third Boniface the 8. Clemens the 5. Clemens the 6. Gregory the 11. and Boniface the 9. which publique documents are kept with the Writings of the Apostolicall seate The 16. Article TO the end that the Antiquity of the Empire may the better bee manifested that the Pope and the Church hath onely the power to take notice discerne and to dispose of the affaires of the Empire Therefore the Emperour is Crowned with the Crowne by the Pope who therein hath the highest authority and this worke effected then is he establisht in the Emperiall seate Therefore all Doctors doe agree herein that hee that is Crowned by the Pope hath the power onely to beare the title of Emperour and Augustus To signe with the signe of the golden Bull and to take vpon him the administration of the Empire and when the Prince is not crowned by the Pope he is rightly forbidden to vse the same The 17. Article AT what time a great contention was risen betweene Charles the balde King of the Francks and his brother Lodowicke in the behalfe of the Empire Then presently Charles posted vnto Rome and so with gifts and entreaties obtained the Crowne And therefore Carelus Calvin according to the forme of Antiquity the Pope onely hath the power to take notice of matters of the Empire and therefore the Germane Hereticks doe very ill in saying That the same belongeth to the Colledge of the Prince Electors The 18. Article SInce that Fredericke the first by the Bishop of Bamberghen required the Crowne of the Empire from Pope Adrian the 4. where the words vnder-written are vsed and placed to expresse the same sence from whence very plainely appeareth that hee that receiueth not the Crowne out of the Popes hand is in very deede no Emperour Therefore most holy Father fulfill without any longer delay that which Maximilion the Duke of Bauaria wanteth in the plenitude of the Dignity of his Prince-Electorship that the same may be accomplished by your Holinesses liberality to the end the Empire may bee reduced and brought into its olde fashion againe The 19. Article SInce that in the disposing and ordering of the affaires of the Empire the Popes respect onely extendeth so farre that it now and then hath beene vexed supprest nay hath beene wholy and totally circumuented and defrauded like as many Histories doe testifie what hath passed betweene Pope Gregory the 7. and the Emperour Henry the 4. betweene Pope Alexander and the Emperour Fredericke the first between Pope Innocent the third and the Emperour Ottaman the fourth betweene Pope Innocent the fourth and the Emperour Fredericke betweene Pope Iohn the 21. and the Emperour Lodowick the 4. betweene Pope Boniface the 9. and the Emperour Wenceslaus By the same respect hath the Pope that vndoubted right to take notice of the affaires of the Emperour and to discerne thereof and not the Colledge of the prince Electors The 20. Article SInce that the power of the Electing the Emperour was not purchased for money by the prince Electors nor obtained by force of Armes nor enioyed by right of Inheritance nor befalne vnto them by the hands of the Emperors but is descended from the authority of the Apostolicall seat Therefore it is not lawfull for the Germane Arch-hereticks now at this present to beleeue any otherwise thereby to molest the Antiquity and Sanctity of the Empire The 21. Article WHen as for a long time the custome of Electing the Emperour had beene in vse according to the constitution of Pope Gregory the 5. by the Intercession of all the Chiefest and princes of Germany and that many troubles and deuisions arose by the great diuersity of voyces in their Election The Empire is at last become to nought So that the Chiefes and Princes with one accord according to the decree and approbation of the apostolicall seat were agreed that all the power which was graunted vnto them all of pope Gregory the 5. should descend vnto sixe Princes onely viz. to three spirituall and three temporall vnto whom afterwards the seauenth was adioyned and solemnly concluded that of these alone without admitting any other thereunto from henceforth the Emperour should be chosen although they were of the like faculty power and authority The 22. Article LIke as in former time the Election was performed

APHORISMES OF STATE OR Certaine secret ARTICLES for the reedifying of the ROMISH CHVRCH agreed vpon and approued in Councell by the Colledge of Cardinalls in Rome shewed and deliuered vnto Pope Gregory the 15. a little before his death Whereunto is annexed a censure vpon the chiefe points of that which the Cardinalls had concluded By THO. SCOTT Very needfull and profitable for all those who are desirous to vnderstand the euent of the restitution of the PALATINATE And of the state of the Prince-Electors of Saxon and Brandenburgh in the behalfe of the Clergie in Rome Fit for the Brittish Nation especially to take notice of that they may euidently see the issue of all our Treaties Ambassages and Promises with other hopes depending wherein we haue beene long held in suspence and are still like to be to our vnrecouerable losse Faithfully Translated according to the Latine and Netherlandish Dutch into English Printed at Vtrech 1624. New vnheard of and strange Articles The first Article WHereas Maximilian the Duke of Bauaria for the establishing the state of his Prince-Electorship hath sought vnto the authority of the Apostolicall seat thereby hath the Apostolicall Church obtained oportunity to recouer their lost obedience in the denied Ecclesiasticall iurisdiction The 2. Article SInce the Pope of Rome by meanes of the present Duke of Bauaria as being the most obedient sonne of the Church may obtaine againe the Rights which for these two hundred yeares and more haue beene lost in the constituting of certaine things and orders in the Empire belonging to the Church it will bee a very small labour to plucke the possessions of the Church goods which depends vpon the Ecclesiasticall rights out of the hands of the Hereticks The 3. Article WHereas the Duke of Bauaria according to the especiall Oath made vnto the Church hath an earnest desire to restore againe the Ecclesiasticall State as it was before the time of Pope Gregory the eleuenth The Hereticks who are the temporall Arme of the Empire shall be bound to restore againe those goods which they haue possessed since the passa wish trans-action The 4. Article SInce that it properly appertaiueth to the Church to discerne and take notice of the state and order of the Empire therefore those Hereticks which denie this antiquity and the rights of the Church in the state and order of the Empire which now by the Duke of Bauaria shall be reestablished in time to come are not to be tollerated The 5. Article SInce that Pope Leo the third had that power in respect of the heresie to cut off and seperate the Easterne authority from the Westerne and to plucke that from the Grecians wherefore shall not the Pope now haue the same power to take the Prince Electorship from the Palsgraue as being an Arch-hereticke and transport the same vnto the Duke of Bauaria the most obedient sonne of the Church The 6. Article SInce that the divulsion of the Easterne Empire from the Westerne which was performed by the most blessed Pope Leo the third hath continued so firme and sacred euen to this very time that although the Westerne Empire hath often times beene voyd of a possessor was neuer as yet vnited vnto the Easterne Empire nor the lawes of the one in the Prouinces of the other were euer of force wherefore then shall not the divulsion of the Prince Electors dignities of the Palsgraue that arch-hereticke be maintained vpon the most Catholique Duke of Bauaria in the like sanctity of perpetuity and stability by the Pope and the Holy league The 7. Article SInce that the transport of the Empire from the Grecians vnto the French performed with such a free arme and such an actiue power by Pope Leo. The Grecian Emperours themselues although they were the strongest durst neuer oppugne the same nay haue many times often very significantly commended and firmely kept the same in like manner the ability not the opposition of the arch Heretick the Saxon who is yet remaining may not hinder much lesse make opposition to the transport of the Prince Electors dignity vnto the most Catholique Duke of Bauavia in regard that he as being an Heretique and not knowing the sanctity nor the antiquity of the rights originall of the Empire and ignorant of the lawes and priuiledges thereof may not enioy that right The 8. Article WHen as Fredericke the first according to the will and pleasure of Pope Alexander the third was detruded from the Emperiall seate then Emanuell Comnennus presented both men and money vnto the Pope against Fredericke to the end the Grecian Church might bee vnited to the Latines by which vndoubtedly he confesseth that to establish and fortifie the Popes cutting off and transport and the vniting of one Kingdome with another was forbidden all men whatsoeuer saue onely the Pope who had first seperated them so in like manner these things like as they also be so is it true that the Pope with the Holy league are bound to employ all their power against the Arch-Hereticke the Saxon and all those Rebels that depend vpon him that the Sanctity of the Apostolicall stoole and the Antiquity of the Romish Empire in the transport of the Prince Electors dignity might be preserued and maintained The 9. Article AFter Pope Leo haue other Popes also onely by the authority of their Chaire very often transported the sayde Westerne Empire from one Nation to another wherefore then may not the Pope by the same authority of the Chaire of Rome plucke the Prince Electors dignities out of the hands of the Heretickes and transport the same to the Catholique Princes to the end that the sacred Essence of the Romish Empire by the extirpation of Hereticks be againe established The 10. Article VVHereas in all right Pope Boniface the eight vnto whom the supreame authority in the Church belonged would not admit that Albert the first of that name Emperour of the Romans by right of inheritance might come to the Empire like as he had sought both for himselfe and for his posterity and successours but onely by election In like manner may the Pope the Emperour and the holy league without violating the Apostolicall seate which alwayes to be kept sacred in her antiquity must be defended not to suffer the Saxon and the Brandenburgher that they should seeke to draw the authority of the Antiquity in the transport of the Electorship from the Chaire of Rome to bring the same to the Colledge of the Prince Electors The 11. Article PHilip King of the Francks sent Ambassadours to Abignon vnto Pope Clemens the fifth That they very humbly should entreate him that hee would restore the Empire againe to the French vnder whom before it had bin Then did the Pope send Ambassadors vnto the Prince Electors by whom hee commanded them that they should chuse Henry of Lutzenburgh Emperour And that if they did the contrary that they should incurre greate danger and should forfait the Empire and the right of their Election

by vertue of the graunt of Pope Gregory the fift The same shall now at this present by the same power proceeding from the good pleasure of the Popes transport be effected by the seauen And like as in olde time the Popes commanded all the Chiefes and Princes of Germany that they should chuse an Emperour euen so at this time when neede requireth it shall be lawfull for the Pope to commaund the seauen Prince Electors who doe represent the Assembly of all the princes there And like as the seauen Prince Electors doe enioy a like power that authority of right which in olde time the Princes of Germany enioyed in like manner the Pope doe enioy wholly that authority which they had in the time of that Assembly in regard that through processe of yeares or length of time the vigour of the Church deminisheth not nor the rights of the Apostolicall seat doe wax decrepit How great then is the ignorance of those Doctors and Councellours of the Germane Arch-heretickes which neither know the antiquity nor the Rights But according to their malicious conceit are not ashamed to peruert the Antiquity and Sanctity of the Empire into nouelty and to bring order into confusion The 23. Article SInce then it hath beene very amply proued and shewed to his Holinesse that the power as well of the new as of the olde Prince Electors to Elect Emperours hath beene obtained by no other meanes but from the most high Apostolicall seat which may be approued by the Writings of the most famous Authors as Iacob Winphilingis Krantzius Naucleri Carion Auentine Cuspinianus and other Transmontanian Writings omiting the Italian Doctors because that they in this point of controuersie might peraduenture come in suspition to be corrupted and by that meanes might be reiected of the Germane Heretickes Therefore it is * The rest that should follow must be taken from the former c. The 24. Article SInce the seauen Prince Electors by the publick proofes of writings subscribed with their owne hands and Seales doe not deny that the faculty of Electing Emperours is descended vnto them from the Apostolicall seat if the ignorant Councellours of Saxon and Brandenburgh will not beleeue the same the Writings themselues shall be produced and laid open before them which doe approue the same dated in the yeare 1279. when Nicholas the third was Pope and Rudolphus Hubspurgensis was Emperour which are whole and good in parchment remaining with the Secretarie of the Castle of Saint Angelo where the seauen Prince Electors most of them vse these wordes The mother Church of Rome in times past as with a naturall loue embracing Germany hath as with a present of temporall dignities honoured the same with that which is aboue all names onely as temporally vpon the earth planting Princes therein as godly Trees and watring the same with a singular grace and hath giuen vnto them that growth of worldly power that they being supported by the authority of the same Church as a choyse and famous plant may cause to spring or grow vp by their Election him who hath the reynes of the Romane Empire in his hand Therefore it is * Here lacketh somthing which is to be conceiued out of that which goeth before c. The 25. Article THe seauen Prince Electors must confesse to haue this power from the Apostolicall seat like as sufficiently is proued in the former Article And contrarily no man can take away the same without the authority and consent of the same Apostolicall seat If it be taken from any as being robd therof it must not be esteemed as lawfully done and that dignitie which after that manner is so taken from one and transported to another without the Popes consent and authority hath no vigour in regard the same is taken and giuen by them whom in all right it is forbidden Therefore if it be bestowed vpon any man after this manner in processe of time taking the right title he shall not keepe the same The 26 Article SInce that the transport of the dignities of the Prince-Electorship vnto this present line of Saxon is not establisht by the most holy Apostolicall seate Therefore the Pope and the Emperour for the dealing of the transport of the Electorship vnto the Duke of Bauaria shall not once be moued but his exception against the Transport shall not be esteemed for no exception for that which is lawfully done and simply is not done is all one The 27. Article SInce that the transport of the dignities of the Prince-Electorship is passed vnto Maximilian Duke of Bauaria and is confirmed by the most holy Father Therefore it is no longer in the Emperour nor in the King of Spaines power to place that Arch-Heritick the Palsgraue or his heires in that dignity and dominion out of which their Father is cast nor to place him againe in the Electorship in regard that these Controuersies doe belong to the most holy Apostolicall seat and neither to the Emperour nor the King of Spaine The 28. Article SInce that the Pope hoth confirmed the transport of the Electorship so is that demand which the King of England the King of Denmarke the Saxon and the Brandenburgher of the restitution of the Palsgraue into his dignities and Electorship which they seeke of the Emperor very vnreasonable for the requiring thereof is nothing else but the detruding of the Apostolicall seat from the right of her Maiestie and to attribute vnto the Emperour the fundamentall originall contrary to the antiquity and Sanctity of the Church and Empire And therefore the holy Father shall be warie that from such like conniuence there ariseth not a greater discommodity to the farther ruine of the Church The 29. Article TO the end then that the Essence of the Church may be preserued in her Antiquity and Sanctity The most illustrious Prelates the Cardinalls with one consent and accord haue sworne that the Holy Father hauing permitted the confirmation on Maximilian the Duke of Bavaria may not reuoke the same without preiudice of the most holy Apostolicall seat and are bound by the lawes of God simply to maintaine the aforesaid Duke of Bauaria with one common hand with conioyned power of the whole Church and with force of Armes in the dignities of the Prince-Electorship Here followeth the Censure or Consideration vpon the aforesaid Articles HEre are presented vnto vs 29. Articles from the Prelates of the Romish Church whose Elegancie is not much to be commended and doe tend to the preiudice of Germany for the better examination whereof we will course through all the members or particulars and to the end that no man may be bewitched therewith we will administer vnto the simple an Antidote against this poyson The beginning shall be of the three first Articles wherein the Clergy of Rome doe imagine vnto themselues a most excellent growth as well of the Iurisdiction as of the Temporall goods To speake in order of both these I say the Pope

for as much as he is Pope hath no Iurisdiction at all but for as much as he is enriched by the liberality of Princes he hath also his owne lands and hath a certaine Iurisdiction which is well to be vnderstoode in his owne lands But in the Empire where he hath no place amongst the Princes of the Empire no Iurisdiction may be allowed him without deminishing of the Emperiall Maiestie Let no man suffer himselfe once to be moued for that which hath bin so long said that the Pope of Rome is in the place of Christ here vpon earth Christ himselfe denied that his Kingdome was of this world The Disciple is not mightier then his Master nor the seruant greater then his Lord. What is more euident and plaine then that which Christ himselfe saith Let the Kings of the Nations beare rule but with you it must not be so neither is that firmer that they hope for the victory from the triumph and other proofes wherewith they haue alwayes defended their cause that Christ said All power is giuen me in heauen and in earth Maldonatus refuteth this with these words Christ speaketh not here of all power but of that which he gaue to the Apostles that is of the power to obtaine and gather together his spirituall Kingdome for which businesse hee sent out the Apostles like as temporall Princes are carefull of their temporall goods so are they also of their Iurisdictions Here auaileth that which the olde Father Bernard wrote to Pope Eugenius in his first booke of Obseruations Your power is ouer offences or sinnes and not ouer possessions These base and earthly things haue their Iudges Kings and Princes of the earth wherefore doest thou enter vpon other mens iurisdictions Wherefore doest thou thrust thy Sickle or Sythe into another mans Haruest Moreouer he saith in his eleuenth booke Dominion was forbiden the Apostles darest thou then vse it A Lord the Apostleship or an Apostolicall person dominion verily both these are forbiden you if you will enioy both these at once Therefore asketh Hostiensis what shall we say of that which concerneth the Pope in worldly or temporall affaires whereunto he maketh answere with his Lord Innocentius that vnto him viz. the Pope it concerned nothing at all The same also may de read by Iohn Pariensis in the tenth Chapter of the power of Kings and Popes This is long agoe tolde vnto them but they giue it no audience from hence ariseth the English complaint by Mathew Paris where hee treateth of Henry the third That it is sufficiently knowne and found that the wrath of God is falne vpon the Romish Church because their Magistrate and Regent doe not diligently apply themselues for the denotion of the people nor for the gaining of soules but to purchase Reuenues and to scrape money together Other Nations vsed very grieuously to complaine thereof and that with good reason especially Germany whose Princes long agoe seeking remedy hereof were not very acceptable who could neuer satisfie the Romish Clergie with riches and dignities from this vnsatiable gulfe also ariseth that they in the third Article desire to cut off the conditions for their aduantage which for the common peace sake were receiued aboue seauenty yeares since at Passow But it is not in the Popes power not in the Clergie to breake that which was concluded by a generall Councell of the States where the Authority of Charles entertained Heere followeth the Censure vppon the second part which extendeth it selfe farre larger then the first in regard that it not onely sheweth the Cardinalish Prince but that which lyeth next vnder This afore-said part containeth 20. Articles in which they with the like proofes doe proceede as yet seemeth yet their obiect indeede is something else more then in the former In which it seemeth to be sufficient to Michael Lonigus That if the Duke of Bauaria could but be perswaded that hee would seeke for the consent of the Pope in those dignities where he was honoured In such manner the chiefest Cardinals doe take the reynes of good reason too too long into their hands Nay as Phacton vpon the Waggon of their Auarice to the great danger of the world and more especially of Germany doe ride out of the common rout of the Popes like as if it were a matter of no moment to pronounce such an horrible sentence of the Transport of the Electorship of the Palsgraue and the occasion thereof whereof we will not now dispute and so they fall aboord the Prince-Electors of Saxon and Brandenburgh in the behalfe of the Rights of the Election what is it else but with the like thunderbolt to dash the heads of the sacred Empire they say they are Heretickes It is now no time to enquire after heresie but rather soundly to dispute whether that a Bishop like as hee hath right to excommunicate a man for heresie Whether therefore hee hath the power also to rob and spoile a man of his dignities and meanes verily therein is great difference Christ commaunded that the excommunicated should be counted as an Heathen or Publican but in no place willeth hee that men should rob the Heathens or Publicans of their Authority or should spoile them of their goods Christ himselfe paid Tole vnto the publicanes and by his example hath shewed vs the way what we should doe The Apostles liued vnder Heathenish Emperours and were obedient to their lawes in like manner also were all their Successors nay the Apostles being obedient vsed to pray to God for them There saith Tertullian in his Analogie in the thirtieth Chapter wee inuoke the eternall God for the prosperity of the Emperour praying that he may haue a long life a peacefull gouernment an establisht habitation strong Armies faithfull Councellours and a peacefull world When Iulian left Christianity and betooke himselfe to Heathenisme did the Christians then detrude him forth of his Empire When they heare of this then will they contend with later examples saying Wherefore then may not the Pope by the same right for heresie transport the dignity of the Prince-Electorship vnto another since that Pope Leo the third for the same occasion transported Empire from the Grecians vpon the Francks This is that Achilles which so boasts in the Colledge of the Cardinalls but yet he is not strong enough to take in our Citie of Elium They abuse themselues exceedingly with this example first from the Act of the Pope they conclude the iustnesse of the Act if we may so driue our Arguments there is no Act of any man but it may be found fault withall they erre also herein that they affirme that to be done which was neuer done We know it all of vs that the Empire was transported but withall that it was done by the councell of Rome as also all Italy consented thereunto either priuatly or publikely Of the westerne people I will passe ouer in silence They say againe that we haue many Writers which make repetition of that which

Leo did who denieth that but they commend Leo as being one of the chiefest citizens and so had the greatest respect of any man in the Citty they commend him also as being Bishop of Rome who with his hands was to set vp the crowne as being a sign or representation of the Empire Therefore these writers were in no heresie because they meant that either Leo did the same alone or else principally could haue done it Many other who are no lesse in number nor in respect then these doe relate vnto vs the cleane contrary they say expresly that the same was done and performed according to the decree will as is aforesaid of the Councell of Rome Sigebertussaith in the yeare 801 The Romans now who long agoe had withdrawne their affections from the Constantinopolitan Emperour as then finding very good opportunitie because that a woman when the Emperour Constantine was depriued of his sight gouerned them by his Son then proclaimed they with one accord the Emperour Charles for their Emperour they crowned him by the hand of Pope Leo they stiled him Emperour and Augustus A popish writer Theodoricus de Niem who afterwards was Bishop of Verden saith about the very time of the Coronation the people of Rome made a Law according to the old custome but it was very troublesome to recollect all things that happened so often therefore the sentence right and power of the Empire was left vnto the Emperour as we finde it written then the people of Rome transported all this vnto Charles gaue vnto him all their right and powor Blondus also in his first book decad 2 and Aneas Siluius or Pius 2. in Blondus his short relation also Iacobus Wymphelingies in his short relation of the people of Rome in the xi Chapter doe affirme that the Coronation by Leo was performed and done with the knowledge and at the entreatie of the people of Rome These are the wordes of Onuphrius Panuimus in fastis Leo by the consent of the people of Rome and at the entreatie of the clergie of Rome proclameth Charles Emperour So that from these and others who affirme that it was done by the Councell and the people of Rome must those writers be interpreted that they doe not confirme nor yet deny the same How much more is it to beleeue that which is confirmed by witnesses which is denied by none then not to beleeue those which doe confirme the same because that all of them do not affirme although there be no body that doe deny the same for after this manner writeth Michell Coccimmus very well in his booke of the transport of the Empire we must beleeue that the same transport was performed and had his power or operation from the consent and authoritie of the Romans and other people of Italy That which Innocentius the 3. wrote vnto Bartold Duke of Zaringe doth not contradict the same That the apostolicall seate of Rome transported the Roman Empire vnto the person of the famous Charles from the Grecians vnto the Germanes for in this wee consent That the Apostolicall seate vpon no other meaning did transport the Empire but that they who did transport the Empire did consent thereunto or else made declaration that they should transport the same But such a transport hath had its power from the vniforme consent of the people Hence may very plainely appeare in what maner the transport which Leo performed was done and by this meanes that is very easily ouerthrowne which they say That the Empire was transported for Heresie the occasion of the transport is here formerly related out of Sigibertus the true cause thereof was because the Emperours of the East did neglect or were carelesse of the Westerne Empire and authoritie and so as is aforesaid did let it passe this we can confirme and approue with very firme testimony Lupoldus saith in his fourth booke of the rights of the authoritie of the Empire in this maner The Grecian Emperour in the time of Carolas Magnus nay before his time also viz. when his Father Pepin and his Grandfather Carolus Martellus liued gouerned onely with the name of the Westerne Empire so that neither the Romish Church nor the other Christian Congregations nor those of the Longobardes who were contrary to all law supprest could either by the Easterne Emperour nor by their authoritie obtaine any right in the Westerne Empire so that the aforesaid Emperours made no account nor reckoning of the Westerne Empire but held it loosely as a derelict onely commanding therewith the name as appeareth in diuers Chronicles Of the same opinion is Iohannes Parisiensis in his 16. Chapter writing of the Kingly and papall power It was not done by the Pope onely but that it was the peoples desire who may subiect themselues to whom they will without preiudice to any other and therefore that was done for a necessary reason for to defend them against the Heathens and infidels because they could not be defended by any other which right they might doe for the people make the King and the Army the Emperour Aneas Syluius in his booke of the rising and authoritie of the Roman Empire saith in the 9. Chap. At the last when the Grecians were carelesse of Rome and leauing the same to be made a pray and to be ransacked one while by the Barbarians and also by others the people of Rome who with their blood had got such great riches who by their valour had erected the Monarchie of the world saluted by the name of Emperour Carolus Magnus then King of the Francks being a German borne who deliuered the Citie and the Holy place from the inuasion of enemies first greeting him with this title Patricius and afterwards Augustus the Popes good will and pleasure hereunto concurring Also saith Nauelerus in his 27. generat in the yeare 800 vpon the day of the Birth of our Lord good deliberation proceeding Leo the Pope of Rome considering that the Constantinopolitan Emperours did very carelessely defend that name and held the Westerne Empire as lost he declared with the consent of the people of Rome Charles Emperour of the Romans and crowned him with the Crowne when the commonaltie of the Romans three times cried out aloude Carolo Augusto c. Paulus Aemilius in his Historie of the Francks saith thus The Maiestie of the Emperours was now at this time and before very slight and there after he saith the principallest of the Romans being of another courage and audacitie gaue their voyces that the seate of the Empire being as it were voyde and possessed of none as if it had beene Gods will and had beene so ordained should be inuested with the King of the Francks because that he by his seruice which he had done for the Church had well deserued the same and that they were obligde and bound to him c. Michaell Coccimus speaketh yet more plaine concerning the transport of the Empire saying When the Romans and almost all the

Empire in whom immediatly as in the subiect the temporall power consisteth Nicholas Cusanus in his third booke of the catholicke concordance in the 4. Chap. In my iudgement iudgeth very well thereof writing in this maner saith The prince Electors who elected in the place of others were in the time of Pope Gregory the 5 being a Germaine ordained of the naturall kindred of Otho and therefore it is not tollerable that the prince Electors should haue their power of electing from the Pope of Rome so that now vnlesse he consented these should not haue it or if he would that he would take it from them I aske who hath giuen the people of Rome power to elect an Emperour but the Law of God and nature for by way of a voluntary subiection and consent in predecedencie all sorts of gouernments are well and holy instituted and afterwards there he setteth downe yet something else the prince Electors that were constituted by the generall vniformitie of voices of all Germaines and others belonging to the Empire in the time of Henry the 2. had their fundamentall power from the generall consent of voices of all who by the law of nature might chuse themselues an Emperour not from the Pope of Rome himselfe in whose power it is not to giue to euery prouince a King or an Emperour when it pleaseth him and when it doth not please him Lastly the Articles were sealed vp with this Oath That the Pope himselfe without preiudice to his seate may not reuoke the Electorship from the Duke of Bauaria since that he hath confirmed him in that dignitie nay that all the Prelates of the Romish Church are bound with force of Armes to maintaine the Duke of Bauaria and yet more that all those that are of the Romish Church are bound to bring all their force together to maintaine the same So that the Romish Clergie disdaining the prerogatiue of Kings and Princes doth very boldly determine and decide these controuersies which arise in the Empire and threatneth to force them by warre who are not content with the Popes sentence How ilsauourly these things doe sute and agree with Pope and Clergie of Rome is shewed vnto vs in that famous place of Peter Damianus who liued in the yeare 1060 his words in his Letter vnto the Bishop Firminus are these Like as the Sonne of God himselfe did ouercome all the obstacles of this raging world not by any proofe of vengeance but by constant patience and inuinceable Maiestie so sitteth it best that we rather suffer and patiently endure the worlds raging with humilitie then either by taking Armes in hand or requiting wounds with wounds especiall since that betweene the Empire and the Priest-hood the offices are seuerall The King shall vse the temporall Armes the Priest shall put on a spirituall sword which is the word of God Paul saith of the princes of this world that he beareth not the sword in vaine being a Minister of God and his reuenger in wrath vpon him that doth euill King Azarias because he tooke vpon him the Priests office was stricken with Leprosie so that Priests which shall take vp Armes which is the worke of the Laitie what deserueth he If now any man would obiect that Pope Leo oftentimes thrust himselfe into warres and yet for all that was a iust Pope I tell you mine opinion Peter neuer obtained the Apostle-ship because he forsooke his Master Nor Dauid the gift of prophesing because he defiled anothers mans bed Here is not to be considered of good and euill things according to the desert of the possessors but they are to be iudged according to their owne qualities Doe we reade any where that Pope Gregory who endured so many roberies and pillages of the Longebeards either did or wrot the like Doe we reade any where that any of the holy and worthy Popes did euer take vp Armes to make a warre no neuer in no place grant then that the Lawes of the ciuill Magistrate may narrowly fift pry and determine any certaine question which ariseth in the Church or else determine and iudge of that which concernes not the Iudgement seate of the ciuill Magistrate by an Edict of the Councell or an assembly of Diuines to the end that either by the iudgement of the Magistrate or the Iudicate of the Pope there arise no warre which might be accounted to our shame The Clergie men of Rome are altogether of another oppinion practising and endeauouring almost nothing else but warre not onely with their Armes but also threatening others and whilst they are doing this they are not ashamed to affirme that they are bound thereunto by the Lawes of God Let them obserue what Christ commanded the Apostle Peter to put vp the sword into the sheath Where hath euer God commanded the Clergie that they should intermeddle in matters of temporall dignities or should vndertake warres much lesse that they should blow the Trumpet or beate Allarmes as they do now haue I the desire of Dominion their God Obserue diligently I pray you that bloody Oath intended by all the Prelates to the end the fashion of the ancient and holy Church might be maintained intire like as if the fashion of their Church now were as it was wont to be in former times Let vs reade that which Tertullian Ambrose Augustine and other Writers who subiect the Clergie vnder the power of the Temporall Pope Gregorius Magnus writeth himselfe vnto the Emperour Mauritius these words I the vnworthy seruant of your pietie and a little after he saith yet farther To this end authoritie is giuen to me from heauen aboue all men that belong to my Lords the Emperours for pietie cause When as the said Mauritius would haue that Pope Gregory should publish a law which he had made and this Pope adiudging the same to be vnreasonable and opposing the liberty of the Church he therefore did not blaspheme against the Empire but was obedient vnto the command of the Emperour his Master not dissembling to speak his minde and opinion of the Emperours Law these are the Popes owne wordes I being subiect to authoritie haue sent these Lawes into seuerall quarters of the world and because they are not agreeable to almightie God I haue communicated the same vnto the Illustrouse Lords by amissiue of my owne oppinion so that I haue fully discharged my dutie on both sides shewing as I am bound obedience to the Emperour and not concealing my opinion in that which concerneth God Here ought we to obserue how cunningly and craftily the Colledge of Cardinalls obserue and aime at the example of the ancient holy Church chiefly in the time of Pope Gregory the 7 vnder which this lurketh that this Pope Gregory was the very first who durst ascribe take vnto himselfe the right of the Empire At what time I pray you liued this Pope about the yeare 1100. is the antiquitie whereof they boast I may affirme with Tertullian that this is noueltie what