among many and the best in the Church of Rome he declareth to be thus Secâ—… 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ecclesiâ—… 〈◊〉 〈◊〉 proâ—… 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. de Vniuersitate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Christi But according to another signification and that most truely and properly answering to the first imposition of this name the Church is called the Vniuersall company of all faithâ—…ull beleeuers which call vpon the name of Christ. Then the Church of Rome as the Pope is the Gouernour thereof was obserued to be but a particular Church and not the Catholicke Church which conteineth all Beleeuers 21. Occham hath also written another Booke Intituled Super potestate suâ—…i Pontifieis 〈◊〉 quoâ—… decisiones From whence I will obserue some things concerning our question of Iurisdiction disputing of that which the Friars and flatterers of Popes called 〈◊〉 potestatis he handleth it so that in the conclusion he putteth the Pope downe as low as the flatterers extolled him vp on high For thus he saith Principatui optimo repugnare videtur quod principans illam habeat plenitudinem potestatis c. Nam omnes subditi hâ—…benti talem plenitudinem sunt serui secundum strictissimam significationem vocabuli serui That is It seemeth to be vtterly against the nature of the best Gouernment that the Gouernour should haue this fulnes of power c. For all that are subiects to him that hath such fulnesse are his slaues according to the most strict vnderstanding of a bondslaue And because the Pope then began to flatter himselfe strangely and to swell with those words of pride that he was to iudge all men but no man might iudge him no man might accuse him Occham represseth this swelling vanitie thus Papa potest ab homine accusari destitâ—…i deponi omnis enim accusatio est coram iudice facienda Nec de hoc debet Papa perturbari ne contra doctrinam Christi Apostolis pro se propraelatis Ecclesiae traditam velit tanquam sal infatuatum mitti foras ab omnibus conculcari ne contra praeceptum eiusdem velit pro salute eius corporis mystici vt membrum putridum amputari ne desideret ipse potestatem qua se ex charitate correptum quamuis etiam Ecclesiam non audiret tanquam Ethnicus publicanus non siâ—…at se vt carnes putridas resecari vt ouem scabiosam repellendaâ—… â stabulis expurgandum vt fermentum quod totam massam corrumpit sed velit vt sibi parcatur vt vniuersa Ecclesia ad interitum perducatur Quae omnia à desiderio Papae qui aâ—…imam suam tenetur pro subditis ponere conuenit exulari That is The Pope may be accused forsaken deposed by a man for all accusation must be before the iudge Neither must this thing trouble the Pope otherwise he might sâ—…eme to make himselfe vnprofitable salt good for nothing but to be trod vnderfoot against the doctrine of Christ deliuered to his Apostles for themselues and for the Prelates of the Church and against the commaundement of Christ to be cut off like a rotten member for the preseruation of his mysticall body And so he might seeme to desire such a power by which being reprooued in charitie albeit like an heathen and Publican he should not heare the Chuâ—…ch yet he would not suffer himselfe to be cut of like dead flesh and like a scabbed sheepe to be driuen from the folds and to be purged like leauen that corrupteth the whole lumpe But he should by this seeke that for sparing him the whole Church might be brought to ruine All which ought to be farre from the Pope who ought to giue his life for his flocke Then this man foresaw and in some sort foretold all that mischiefe which fell vpon the Church by the Popes claime of this strange Iurisdiction which Iurisdiction if once it should be obtained by the Pope then hath Occham plainely foretolde that which since this time by too great experience we haue found that the Pope would hereby prooue vnsauery salt good for nothing but to be troden vnderfoot of men a rotten member cut off from the body of the true Church as rotten flesh to be cut off for the preseruation of the whole as a scabbed sheepe to bee kept from the fold as old leauen to be purged from corrupting and infecting the whole lumpe And that for sparing him the vniuersall Church must bee brought to desolation and ouerthrow All this William Occham foresaw all this we haue found by lamentable experience too true and all this followed vpon his intrusion into this Iurisdiction 22. Through this booke William Occham was driuen to carry himselfe cunningly for feare of the Popes greatnesse mouing many questions and doubts and reasoning after the manner of the schooles on both sides making no professed determination or conclusion but he leaueth such strength of reason on the one side and taketh away all obiections on the other side that any man may inferre the conclusion and vnderstand the reason why himselfe did not conclude For thus he saith in the end of that booke Haec breuâ—…er conferendo allegendo disputando sunt dicta non vt certa veritas in dubium reuocetur sed vt aliqua habeatur occasio c. Quid autem sentiam de praedictis non expressi quia hoc vt puto veritati non prodesset That is These things haue we said by conferring alleadging disputing not that a knowen truth should be called into question but to giue an occasion c. I haue not declared what mine opinion is of these things because as I take it that would not helpe the truth Another booke William Occham Intituleth Dialogus from whence I will cite onely one Sillogisme contained in few words but so strongly and soundly collected that it may make an end of all this controuersie his words are these Papa non 〈◊〉 〈◊〉 〈◊〉 â Iurisdictione 〈◊〉 〈◊〉 〈◊〉 iudicumquaâ—… fuerat Christus Apostoli sed Câ—…ristus 〈◊〉 fuerunt ab impâ—…ratore quantuÌ„ ad IurisdictioneÌ„ câ—…actiuam 〈◊〉 That is The Pope is no more exempt from the Iurisdiction of the Emperors other secular iudges then Christ his Apostles were but Christ his Apostles were iudged by the Emperor in respect of coactiue IurisdictioÌ„ therfore so the Pope ought to be iudged This Syllogisâ—…e to this day was neuer answered In respect of which sound and pithy handling of these things as Occhâ—… was surnamed Doctor inuincibilis in arguâ—…nto so the sense and iudgement of learned men was wholly for Occham Insomuch that Naucler witnesseth that this worthy William Occhâ—… threw downe all the Popes Temporall Dominion in the dust and carried the glory in all these disputations wherin many learned men followed him For he speaking of Daâ—…es that learned Florentine saith that this Dante 's also wrote a Booke De Monarchia wherein he prooueth that the Empire hath no
this power coactiue though they had vsurped many parts thereof 18. A third reason to prooue this authoritie to bee in the Ciuill Magistrate is as I teached before confirmed by the right of Appellations For in matters of coactiue Iurisdiction a man might appeale from the high Priest to the King as Saint Paul did to Caesar which was vtterly vnlawfull for him to doe vnlesse he might as lawfully haue appealed to a King if that state of Israel had then beene ruled by a King as at other times it was For that right which Saint Paul giueth to Nero to heare Appellations he would vndoubtedly yeeld to Dauid or Ezekâ—…as or any other godly King in his owne Dominions Wherefore it followeth that either Saint Paul must be condemned for yeelding an vnlawful power to Emperors or Kings must haue the same priuiledge which thing being admitted in matters Ecclesiasticall doth inuincibly prooue the Kings Iurisdiction in such matters The same thing is also confirmed from those words of the Apostle he is the minister of God and he beareth the sword If the Magistrate be the minister of God then he hath full authoritie and Iurisdiction from God whose minister and vicegerent he is if he beare the sword hee hath all power coactiue for coactiue power doth alwayes follow tâ—… sword which God hath giuen to the Ciuill Magistrate to beare Therefore Ioh. Chrysostoâ—… saith Regi corpâ—…ra commissa sunt sacerdoti animâ—… reâ—… maculas corporum remittit sacerdos maculas peccatorum illâ—… cogit hic exhâ—…rtatur ille habet arma sensibilia hic arma spiritualia Hâ—…m 4. de verb. Esa. vidi dom Then the true difference betweene the Magistrate and the Priest concerning this point is Ille cogit hic exhâ—…rtatur so that coactiue power is left wholy to the Magistrate Ambrosâ—… likewise speaking of the authoritie of the Church and of Bishops saith Coactus 〈◊〉 nâ—…n noui arma enim nostra preces sunt 〈◊〉 â—…at iâ—… Auxâ—…t where he declareth the difference betweene these two powers leauing nothing to the Church but preces 〈◊〉 wherin there is no coaction In which sense Thomas Aquinâ—…s faith vindicta quae fit authâ—…ritate publicae potestatâ—… sâ—…cundum 〈◊〉 iudicis pertieet ad iusticiam commutatiuam 2. 2. qu. 8. art 1. Therefore vindicatiue power or coaction belonges not to the Church but the Magistrate that exerciseth coâ—…utatiue iustice 19. In regard of which high power Princes are called Gods I haue said you are Gods And because an aduersarie of late hath told vs that this name is giuen aswell to Ecclesiasticall gouernours as to Kings we reply that it cannot be shewed that this name is giuen to Ecclesiasticall gouernours but either where such gouernours haue receiued authoritie from the Ciuill Magistrate or where themselues are the chiefe Magistrates so that it is a name giuen in respect of Soueraigne power For to manifest the Soueraigne emmency of the Prince compare the Prince and Priest togâ—…ther and by this comparison wee shall euidently know the truth for we find the Prince called a God not onely in respect of the people but in respect of the Priest also Where the Lord himselfe speaketh to Moses of Aaron comparing their power and offices together he saith thus He shall be thy spokesman vnto the people and he shall be as thy mouth and thou shalt be to him in stead of God In this comparing of these two great offices Moses is the directour Aaron the interpretour and preacher Where the Prince or Soueraign Magistrate is called a God not onely in respect of the people as in diuers other Scriptures but in respect of the Priest thou shalt be to him euen to Aaron as a God We find then that the Prince is called a God in respect of the Priest but we can neuer find that the Priest is called a God in respect of the Prince This declareth a Soueraigne authoritie of the Prince in matters of God and of Gods true Religion For he who by his office is to establish true Religion in his dominions doth heerein represent a liuely exâ—…mple both of the goodnesse and power of God and therefore Magistrates are called Gods as being Gods Vicegerents for establishing of true Religion 20. And this our Sauiour Christ confirmeth for whereas Psal. 82. They are called Gods I haue said you are Gods Our Lord expoundeth that place declaring in what sense they are so called For he saith If he called them Gods vnto whom the word of God was giuen and the Scripture cannot be broken c. Then the Magistrates who are here called Gods are such to whom the word of God is giuen For further declaration of the truth let this question be demaunded to whom is the word of God principally giuen to whose Soueraigne custodie is the word of God committed The words of our Sauiour Christ containe an aunswere to the Ciuill Magistrate For it is certaine that all that Psalme whence Christ taketh those words is wholly and intirely vnderstood of the Ciuill Magistrates and not of Priests or Ecclesiasticall gouernours Why then and is not the word of God giuen to Ecclesiasticall gouernours aswell as to Kings Yes verily but diuersly for to Ecclesiasticall gouernours the knowledge of the word is giuen to publish by preaching For the Priests lippes shall preserue knowledge and they shall seeke the law at his mouth for hee is the messenger of the Lord of hostes Then if the question be asked to whom is the word giuen by the way of knowledge to preach and publish it The answere is to the Priest but Christ speaketh not here of that manner of giuing the word but he toucheth that Commission which is giuen to Magistrates For to Magistrates it is not giuen by way of especiall knowledge to preach it but by way of an especiall commission to keepe it to establih it by authoritie to command obedience vnto it and to punish the violatours of it This is the authority of a Christian Prince for he hath called them Gods to whom the word was giuen Whom hath hee called Gods Ciuill Princes for of such onely of such that Psalme speaketh Why are they called Gods Because they are Gods vicegerents by their authority to establish Gods word Therefore they are acknowledged to bee custodes vtâ—…insque tabulae for which cause it was an ancient ceremony in the Church of Israel that at the Kings Coronation the Booke of God should be giuen into the hand of the King as we read in the Coronation of Ioash Which thing is confirmed by a commaundemant in the Law why was this thing so solemnly commanded so religiously preached but to shew that God hath committed the care of Religion principally to the King that by the vtmost of his power and authority it might be established in his Dominions 21. This doth proue that Moses was a Prince and not a Priest and Aaron a Priest but not a Prince because Moses
is called Aarons God but Aaron is not called Moses his God but his mouth Which thing though it bee so euident as that it seemeth to be the vndertaking of an idle and vn-necessary discourse to proue it yet because many bookes are of late filled with this conceit that Moses was a Priest which thing is taken as an especiall ground to build vp the Popes temporall Monarchie Let vs in a few wordes refute this fancy Franciscus Bozius who vndertaketh to proue this taketh a foundation so ruiâ—…ous and fallacious that it is no maruell if his whole building be answerable for he concludeth that Moses was a Priest properly so called because Psal. 99. it is written Moses and Aaron among his Priests and Samuel among such as call vppon his name The answere is easie and vulgarly knowne for Cohanim which word is there vsed signifieth both Priests and Ciuill gouernors It is vsed for Ciuill gouernors which stand in some honourable place 2. Sam. 8. 18 where the sonnâ—…s of Dauid are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which cannot be translated Priests as the Latin vulgar hath it Though this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 somtimes be takeÌ„ for a Priest yet it is certaine that Dauids sonnes were not Priests but chiefe rulers about the King as it is expounded 1. Chron. 18. 17. Then we answere that no proofe can bee drawne from this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to proue Moses a Priest because the word is ambiguous applyed both to Priests and to Ciuill gouernours And therefore the word is fitly applied to Moses and Aaron comprising both their Offices in one short word But that Moses was no Priâ—…st we prooue thus If he were a Priest it must be either before that Aaron and his successors were assumed to that Office or after Before the law assumed Aaron and his sonnes to be Priests Moses could not bee Priest because the Priesthood was annexed to the birth-right But Moses was not the first borne of Amram but Aaron was the eldest for we read Num. 33. Aaron was one hundred twentie three yeares old when he died But Moses out liuing Aaron was but one hundred twenty yeares old when he dyed Deut. 34. Theresore Aaron was questionlesse the elder brother If any obiect that the birth-right was sometimes taken from the eldest by an especiall appointment of God as appeareth in Sem and Iacob I answere this cannot help in this point for Aaron was so farre from loosing this priuiledge of his birth-right by any appointment of God that he had the Priesthood famously confirmed to him and to his posterity So that neither by the law of nature nor by any precept of God can Aaron be said to loofe any priuiledge that belonged to the Priesthood Then before the institution of the Leuiticall Priesthood Moses could not be Priest After the institution thereof the Priesthood was so appropriated to Aarons house that none could be Priests but Aaron and his sonnes onely Therefore it was not possible that Moses could be a Priest at all either before the consecration of Aaron or after 22 Another reason may be drawn from those places which declare that Iosua was appointed by God to succeede Moses and to gouerne as he did In all which places it appeareth that Iosua succeeded Moses in his place and function and was that in Israel in his time which Moses was before him But it is certaine that Iosua was no Priest therfore as certaine that Moses was no Priest For Iosua was the full and entire successour of Moses The same appeareth by the whole course of Moses his gouernment Who commandeth as a Prince is obeyed as a Prince both by the Priests and people By which command in matters temporall and ecclesiasticall if they suppose that a Priesthood is proued by the same reason all the Kings of Israel may as well be concluded to haue been Priests For they commaunded in all such thinges as Moses did Some obiect that Moses sacrificed Exod. 24. But this obiection is friuolous For the words of the Scripture are against it It is expresly said that Moses sent young men to sacrifice these were the first borne of the 12 Tribes For this was before the institution of the Leuiticall Priesthood If any obiect that Moses did something which might seeme to belong to the office of a Priest I answer so did the Kings of Israell some things which might seeme to belong to the office of a Priest For Iosias when all the people were gathered together read in their eares all the words of the booke of the couenant Which thing might seeme to belong to the Priests office So true is that principle of our common Law founded vpon the profound principles of diuinitie and good gouernment Rex est persona mixta because he hath both temporall and ecclesiasticall iurisdiction 23 And thus haue wee declared the Kings right vnder the Law from the precept of the Law practise of godly Kings Thus did Ezekiah thus did Iosiah and others and in so doing they vsurped no vnlawfull power but stood faithfull in the execution of that lawfull right which GOD committed to them From this commission they may not turne either to the right hand or to the left For as it was a great sinne in Vzziah on the one side to vsurpe the Priests office so should it be a great sinne on the other side for a King to neglect any part of a Kings office From all which wee collect the power of a Prince in matters ecclesiasticall to stand in these things He is to establish all ecclesiasticall Lawes for which no power is sufficient without his Neither is it reason that they should establish Lawes in whom there is no power to defend and maintaine the Maiestie of those Lawes so made He is to punish all transgressours of those Lawes hee is to appoint ecclesiasticall Ministers their places to be Iudges in matters of ecclesiasticall Lawes and if they offend to punish them hee may place and displace according to their merits So Salomon displaced Abiathar made Zadock high Priest in his roome But because of late suborned Mat. Tortus speaking of this example saith that Salomon did displace the high Priest as he was a Prophet not as hee was a King let vs by the way open the vanity of this shift The fault that Abiathar had committed was worthy of death as Salomon saith Thou art worthy of death But yet hee shewed him mercy because hee had borne the Arke of the Lord before his Father Dauid and had suffered in all things wherein Dauid was afflicted So that the thing which Salomon did to Abiathar he did as iudge of life and death To be a Iudge of life death was not the osfice of a Prophet but of the King therefore Salomon did it not as a Prophet but as a King Againe the Prophets office was extraordinary but this thing is so far from an
Theodoret rehearseth a Dialogue betweene Constans the Emperour and Liberius Bishop of Rome who afterward for feare and through weakenesse and irksomnesse of his exile was drawen to subscribe to Arianisme as witnesseth Hierom Ruffinus Platina and other In that Dialogue these words are worth the noting Constans willing Liberius to forsake the Communion with Athanasius and to condemne him Liberius his answere is Ecclesiastica iudicia cum summa iusticiae obseruatione fieri debent quare situae pietati places iudicium cogi impera vbi si damnandus Athanasius videatur sententiam illum ordine modoque Ecclesiastico feratur nam fieri nequit vt condemnetur à nobis de quo iudicium datum non sit That is Ecclesiasticall iudgements ought to proceed with exact obseruation of iustice Therefore if it please your Godlinesse command a Councell to be called wherein if Athanasius seeme worthy to be condemned let sentence passe against him in Ecclesiasticall order and manner For it cannot be that by vs hee should bee condemned seeing wee haue no authoritie to iudge him The Bishop of Rome here confesseth first That Iudicia Ecclesiastica Ecclesiasticall iudgements are to be appointed and established by the Emperour then he graunteth him Ecclesiasticall Iurisdiction and granteth that to call a Councell belongeth to his Iurisdiction Secondly the Emperour cannot make a man an hereticke but this must be done by a Councell or by the iudgement Ecclesiasticall This being a thing not of coactiue Iurisdiction but of knowledge in the word of God Thirdly the Bishop of Rome renounceth all right and authority of iudicature vpon Athanasius therefore in those daies hee had no Iurisdiction ouer other Bishops 6. This mixt Iurisdiction which now is practised by Bishops began in the time of Constantine So Nicephorus witnesseth Constantinus Clericos omnes constitutione lata immunes liberosque esse permisit iudiciumque iurisdictionem in eos Episcopis si ciuilium iudicum cognitionem declinare vellent mandauit quod Episcopi iudicassent id robur autoritatem sententiae omnem habere debere decreuit That is Constantine by an edict graunted the priuiledge of immunity to all Clerkes and graunted to Bishops iudgement and Iurisdiction ouer Clerkes in case they would decline from the courts of ciuill Iudges and he decreed that whatsouer the Bishops iudged that should stand in all strength and authority of a decree Sozomen declareth by what occasion it grew first For some began then to appeale from ciuill iudgements to Ecclesiasticall and some Bishops receiued the appellations which thing being approued by Constantine gaue great authority to this kind of Iurisdiction Episcopi saith he in causis ciuilibus sententias pronuntiarunt si qui à iudicibus ciuilibus ad eorum autoritatem appellassent Quam rem propter venerationem Episcoporum adeò approbauit Constantinus vt ratas haberi pâ—…tioresque quam aliorum iudicum sententias nec minus quam ab ipso imperatore essent pronunciatae per Magistratus milites Magistratuum ministres ad effectum perduci lege edixerit That is Bishops pronounced sentence in ciuill causes if any appeaed to them from ciuill Iudges This thing for the reuerence of Bishops Constantine approued so much that hee ordained by Law that these iudgements should be ratified and of greater authority then the sentences of other Iudges yea to be held of â—…o lesse force then if the Emperour himselfe had pronounced â—…hem so to be executed by the Shriefs their seruants 7 By which it appeareth that these courts with this Iurisdiction were vnderstood then no other then the Emperours courts The Emperour graunteth this Iurisdiction saith Nicephorus the Emperour ratifieth these iudgements saith Sozomen the Emperour commaundeth that the sentence of the Bishop should be euery where receiued as if it proceeded out of his owne mouth Which words are well to be obserued For the Emperour commaundeth not that the Bishops sentence should be receiued as a diuine sentence but only as an humane not as proceeding from the mouth of God but as proceeding from the mouth of the Emperour Now if these Courts were then so euidently proued to be the Emperours Courts our aduersaries may acknowledge their owne ignorance folly who make declamations and many idle discourses without solid proofe against them that call Ecclesiasticall Courts the Kings Courts as if this were a thing new strange and neuer heard of before these late yeares Their error is that common Sophisme which filleth most of their bookes which Aristotle calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 compounding confounding those things which we distinguish and which are distinct in nature For in this word of Iurisdiction they confound these two distinct things both that which is spirituall Iurisdiction yeelded by vs the right of the Church and all that also which Princes haue giuen to Ecclesiasticall Courts such as these priuiledges which Constantine gaue to Bishops Courts and other Princes since haue continued and enlarged If these things be not distinguished the truth can neuer appeare in this question by this the Reader may vnderstand who they are that hide and deface the truth by new varnishing of olde rotten Sophismes 8 Then all coactiue Iurisdiction came into the Church from the authority of Princes for as the power of the Church is internall and spirituall so externall and coactiue power was the right of Princes To this purpose Eusebius reporteth a speach of Constantine at a banquet calling himselfe a Bishop for things externall as they were for matters internall His words are these Vos quidem eorum quae intus sunt in Eccle sia agendâ—… ego vtro eorum quae extra hanc sunt Episcopus à Deo sum constitutus And whereas Iurisdiction is best knowne by appellations it hath been often seen that froÌ„ the Pope men haue appealed to a councel as hereafter we are todeclare but from a councel we find no appellation to the Pope but to the Emperor for some personall wrong Athanasius being vniustly condemned by the Synod of Tire appealed to Cinstantine as Socrates witnesseth In like sort Flauianus appealed to the Emperour when the Synod of Capua had referred his cause to Theophilus and the Bishops of Egypt Yea the heretiques themselues in those dayes knew no means to appeale from the Emperour Augustine saith that Donatus did still appeale to the Emperour being condemned by the Bishops and by Synodes And so religious were these auncient Bishops in preseruing the Emperors Iurisdiction and yet maintaining the truth without feare that when they were oppressed by Arians and by the power of an Arian Emperour yet they would vse no other meanes then these direct meanes And therefore the Bishops hauing a purpose to condemne the Arians craued a counsell of Valens an Arian Emperor who granted them a counsell at Lampsacum wherein they condemned the Arian doctrine So that without the Emperour they would not gather a counsell though it were to
preuailed mightily afterward this vnblessed deuise of forgerie being attempted in a number of decretall Epistles to drawe in this Iurisdiction a practise wherof no learned Papists can speake or thinke without blushing and yet such is their miserable captiuitie that they are willing to make vse of that falshood whereof they cannot thinke without a secret confession of forgerie Thirdly the ingenuous reader cannot but see and vnderstand the vanitie of the Popes flatterers who striuing now for this Iurisdiction would blasphemously draw it from Scriptures such as thou art Peter c. And feede my Sheepe c. These Scriptures were first drawen by the forged decretall Epistles to proue the Popes Iurisdiction and are now commonly drawen to the same purpose but when Zozimus Bonifac◅ and Caelestinus began first to contend for Iurisdiction they claimed it not frō Scriptures this deuise was not then found out but they laid all the cause vpon a forged Canon of the Councell of Nice So that this is but a late kna◅erie of the Popes flatterers to countenance their newe found Iurisdiction by Scriptures 16. When this Canon was recited by the notarie the Fathers of the Councell were much offended and troubled at the absurditie thereof there were then present some of the best learned Diuines then liuing in the world they knew well there was no such Canon they neuer read it in any copies of the Nicen Councell they neuer heard of this thing before they resolued therefore not onely to denie the Canon but to refute the falshood of the Pope so famously that it might be knowen to all the world and that the Church afterward might take warning of the Romane ambition therefore they aunswered for the present thus that this Canon was not to bee found in their bookes And for a more full and sufficient examination of this matter they would send for the autentike copies of the Nicen Councell before they could graunt the Popes request To this purpose they writ a letter to Zozimus which was presented to Boniface his successour and is extant in the Tomes of the Councels 17. Boniface first receiuing these letters for Zozimus was dead before they returned pursueth the claime of Iurisdiction by corruption of the same Canon and with obstinate and resolute peruersitie maintaineth the falshood begun by his Predecessour In the meane time two copies autentike of the Nicen Canons were sent to the Fathers of the Councell of Carthage one from Cyrillus Bishop of Alexandria another from Atticus Bishop of Constantinople These copies were read but no such Canon could be found as the Bishop of Rome had foisted in the Fathers vnderstanding the fact and hauing taken the Bishop of Rome in a flagrant crime decreed that the true Canons of the Nicen Councell should be obserued reiecting this suborned and supposititious Canon This decree they sent to Pope Boniface but Gods iudgements hastily following these corruptors Boniface was dead before it came to Rome and Caelestinus next succeeding receiued it 18. Caelestinus as stiffe for this Iurisdiction as any of his predecessours maintained the cause by the same meanes resolued with shame ynough to stand for the adulterated Canon which pertinacy after open conuiction declareth that the pollicie of the Church of Rome began then to forsake religious courses and to rest vpon falshood and forgery to obtaine their willes And therefore it is not to be marueiled if the truth of Religion afterward for saked them Apiarius gaue a new occasion to the Pope to worke vpon for after that this man was receiued vnto the Communion by Zozimus and Boniface he returned to the Trabacens where for his foule and scandalous life he was excommunicated againe To recouer this disgrace he flieth to his onely refuge the Bishop of Rome then Caelestinus who receiueth him admitting him to the Communion and directeth his Legats Eaustinus Philippus Asellus to Affrica with a streight charge to draw the Councell to yeeld to the demaunds of his Predecessours for want of other helpe hee furnisheth them throughly with impudencie and inuict audacity for what other vertues were left to maintaine such a cause The Legats cōming with this Commission require of the Councell that Apiarius may be admitted to their Communion and that they would be content to submit themselues to the Romane Iurisdiction The Fathers of the Councell produce the autentike copies of the Nicen Canons which they had procured from Alexandria and Constantinople by which the Romane forgery was euidently conuinced Here began a fresh contention Faustinus resolued to execute his Commission to his vtmost power exclaimeth against the Sea Apostolike against the violatours of the Nicen Canons The Councell protesteth that they will imbrace all true Canons that they will yeeld to the Church of Rome all true priuiledges onely in the lawfull warrantable and necessary defence of their owne freedome and of the Churches freedome they must stand and therefore could not admit a forged claime without shew of truth As they were in the heat of contention the one side striuing to impose the yoke of their Iurisdiction vpon the Church the other resolued to stand close and faithfull for the freedome of the Church behold of a suddaine Apiarius the firebrand of this contention touched by the very finger of God and drawen to giue God the glory and so to end this contention falleth downe on his knees before them all and confesseth all those crimes to be most true which were obiected against him and with humble supplication craueth pardon of the Councell And so this Tragedy ended 19. The Fathers of this Councell hauing this experience of the Popes corruption and dishonestie write to Caelestinus to this purpose They intreat him not to trouble the Church by patronising such wicked men as Apiarius that he would not accept of appellations made by such scandalous and condemned men who would seeke a refuge for their wickednesse at Rome they declare that the Nicen Canonsderogate nothing from the African Church that the Fathers of the Nicen Councell sawe with great wisedome that all suits were to be ended in the places where they began that the grace of the holy Ghost should not be wanting to any Prouince that if any bee offended hee may appeale to a Prouinciall or to a generall Synode that transmaritim iudgments ought not to be admitted where witnesses cannot be conueniently produced either for sexe or age that to send any Legats from the side of the Romane Bishop is a thing found in no Synode established that the Canon of the Nicen Councell by which the Popes claimed this Iurisdiction is not to be found in the autentike copies of that Councell and therefore falsified Last of all they admonish him that hee and his successours must take good heede Ne fumosum typhu◅ saeculi in Ecclesiam Christi c. That is that they induce not the smoke of arrogancie to darken the Church of Christ which Church doth bring the light of simplicitie and
inoleuerat tanta heresis That is Whom Dominicke did speedily ouercome by the helpe of Simon Monford for there was not so much neede of disputation as of armes that heresie was so rooted Then we vnderstand the end why Friars were instituted by their first and chiefe imployment they were founded in blood in treacherous practises against Princes for the seruice of the Pope Wherein wee behold the endes of such Councels as the Pope calleth and wherein he is President as the Councell of Lateran and the Councell of Trent For as vpon the time of holding the Lateran Councell the first Friars were ordained and allowed by the Pope so vpon the time of the Councell of Trent were the Iesuites confirmed to be an order by Pope Paul the third after both Councels great warres and bloodshed followed through Christendome wherein the Friars were the Popes instruments and the procurators of the warres at both times and euer since 27. As these first orders of Friars increased in number swarming like Locusts vnder the Popes protection he like an experienced Captaine prouidently ordered his troupes and set them to their seuerall taskes some to writing of books some to the practises of state against Princes By those that were set to write as Aquinas Scotus and such like the alterations of doctrines were brought into the Church of Rome first so that herein appeareth their full finall end in raising vp rebellions first against God and corrupting of the truth and then against Princes by impugning their soueraigne authoritie and Iurisdiction In both which practises the Friars take continuall direction from the Pope by whose power they were created by whose authoritie they stand from whose spirit they breath and for whose seruice they are deuoted and resolued to spend their breath and blood In these practises the Iesuites being the last brood striue to surpasse all other for their audacious corrupting of the truth and outragious interprises against the liues of Princes For which in the end they will vndoubtedly drawe vpon themselues the anger of God and of the Princes of Christendome I haue stayed the longer in these descriptions for the honour of the Iesuits that their descent and progenie may be knowen that we may behold the aduancers of the Popes Iurisdiction which Iurisdiction will the better appeare if the first and chiefe aduancers of it might be well knowen §. III. Of Oathes exacted by the Pope 28. ANother especiall meanes of aduauncing this Iurisdiction was practised by exacting Oathes which is also much practised now because by experience they finde great vse of it an Oath being the greatest bond of humane societie and the fittest meanes to ingage men throughly in any cause the first exacting of Oathes was from Archbishops and Bishops by which meanes their Allegeance was strangely withdrawen from their Soueraigne Princes Whereas then first princes for their owne safetie and for the safetie of their Countrey vsed to exact an Oath of Allegeance aswell of the Ecclesiasticall as Temporall subiects The Popes began to withdraw the Clergie from this obedience and Allegeance and so farre they preuailed that the Friars taught that the King of England was not lord of the Clergie but that the Pope was their lord as we haue declared from Ioh. Wiclife And now the Pope beginneth in these desperate dayes to forbidde them of the laity to take the Oath of Allegeance to their Soueraigne whereby as they began to steale away the hearts of the Clergie first from the true and lawfull obedience of their Soueraignes so now proceeding in the same course with the laity what will they leaue to Kings in the end And because this containeth an especiall mysterie of Iurisdiction therefore we thinke it needfull to be plainely opened 29. That Kings did out of dutie and Allegeance exact an Oath of their subiects euen of Bishops and had the same yeelded as a due homage to them and confirmed also by decrees of Councels it is well and worthily obserued of late by that booke written most learnedly and exactly intituled Tripliei nodo triplex cuneus Where this vse is confirmed from the practise of the fourth Toletan Councell held in the yeere sixe hundred and thirtie and from the fift Toletan Councell held about the same time And from the sixt Toletan Councell held in the yeere sixe hundred seuentie and sixe And from the tenth Toletan Councell gathered in the yeere sixe hundred ninetie and soure as also from the Councel of Aquisgrane in the yere eight hundred thirtie and sixe We may adde though it be needlesse some fewe and small obseruations thereto It appeareth that this practise of taking an Oath of Allegeance of subiects is drawen from the law of nature as necessary for the preseruation of States and it seemeth to be as auncient as the gouernement of States For Lycurgus the first founder of the State of Lacedemon hauing once well ordered that State by good lawes tooke an Oath of them all that they should preserue those orders till his returne from the Oracle that is alwayes If any thinke that this was not an Oath of Allegeance to the State I suppose it will be hard to distinguish betweene an Oath to preserue the lawes or to be true to the lawes and an Oath to be true to the State For it is certaine that the State of Lacedemon was preserued by those lawes in great honour and felicitie for the space of fiue hundred yeeres as the same Author reporteth Or as hee saith in another place for sixe hundred yeeres and vpon the breach of those lawes came in the ruine of that State as the same Author doth often obserue This declareth the antiquitie of this Oath as proceeding from the law of nature which yeeldeth this helpe to States for the necessarie preseruation of themselues For which cause it hath bene practised whensoeuer the State thought it needful for after the kings were driuen out of Rome L. Brutus and Collatinus Tarquinius being chosen Consuls Valerius Publicola grew so offended because himselfe was not respected in that choise that he retired from the Senate from all publick action to a priuate life This thing drewe the Senate into some suspicion of his Allegeance Wherfore Brutus the Consul called all the Senate to a solemne Oath of Allegance which Oath Valerius first of al others took most cheerefully Thus in the danger of the State they had recourse to this practise as the most lawfull and assured helpe of States And Scipio Africanus is much commended in the Romane stories for vsing this practise in the danger of that State for when hee vnderstood that some had a purpose to forsake the State hee caused them to take an Oath to bee true to the State and not to forsake it After the same manner was this Oath of Allegeance yeelded by the Church of the Iewes of old For Iosephus reporteth that Augustus Caesar required an Oath of Allegeance which Oath saith he all the
Sigebert the twelfth Councel of Toledo remembred this thing as we haue declared and before that Councell Hincmarus and before Hincmarus Gregory the first witnesseth that it was a custome in his time so auncient that the contrary had neuer beene heard of vnder any Christian Princes Then if we should adâ—…it that Sigebert had beene silent yet the right of Princes in this thing is sufficiently proued against the Pope 50. But let vs heare what the Cardinall can say for himselfe We must needes examine his proofes because diuers other doe rest vpon his iudgement and deliuer it peremptorily that Sigebert hath deuised this tale and that there was no such thing in truth Because the Discourse of Baronius is long I will gather his reasons and will leaue out nothing materiall that hee hath brought for himselfe First he telleth the Reader that when he hath heard all the matter he wil be forced to crie out O Scelus O impostura O Frauâ—… I suppose that this will proue true in the end that when the Reader hath heard all he will exclaime O villany O kâ—…auerie O cousenage But why For saith 〈◊〉 Sigebert perceiuing that he could not proue this by former Historiographers what did he Forsooth in the fauor of a schismaticall Emperour who challenged Inuestitures he thrust into his Chronography by fraud these wordes Postea rediens Carolus Papiam câ—…pit it erumque Romaâ—… redijt Syâ—…odumque constituit cum Hadriano Papa alijsque 15 3. religiosis Episcopis abbatibus in qua Hadrianus Papa cum vniuersa Synodo tradidiâ—…â—…i â—…us eligendi pontisicem ordinandi sâ—…dem Apostolicam dignitatemque patritiatus Insuper Archiepiscopos Episcopos per singulas prouincias ab eo inuestituram accipere definiâ—…it vt â—…isi à rege laudetur Inuestiatur à nemine consecretur Is it any rea son that a man who for almost fiue hundred yeares hath alwaies beene reputed an honest man should now be called by a passionate Cardinall a Knaue Was there euer any man before Baronius that put this imputation vpon Sigebert His memory in all ages since hee wrote hath beene famous for his learning grauity wisedome and integritie Sigebertus borum temporum sâ—…riptor saith Aâ—…entinus speaking of those times wherein he wrote vir alioquin etiam vt quisqÌ„ illa tempestâ—…te esse poterat omnis diuini humâ—…nique iâ—…ris consultâ—…ssimus That is Sigebâ—…rt a writer of these times a man most skilfull in all humane and diuine Law as any other whatsoeuer that could be found in that time Then it is not likely that he should now be found vnhonest that in so many ages hath passed for an honest man And if the testimony of others that witnesse with him the same thing be sufficient to cleare him he will be cleared by a great Iury and a firme verdict 51. Frosard writing the French Storie and collecting the actions of Charles the great out of the ancient Stories of that nation and where can the actions of the French Kings bee better knowne then by the Stories of that nation saith thus Charles came to Rome at the request of the Pope and there kept Easter And before he went away there was a Councell of one hundred fiftie and three Bishoppes and Abbots there Pope Hadrian by the consent of all the Councell gaùe him the honour to chuse the Pope c. and that Archbishoppes and Bishops should hold and haue their Seas by him Functius hath the same storie Huldericus Mutius witnesseth as much Sabellicus saith Hadriano autore decretum vt Carolus rex qui opâ—…imè esset de Romana 〈◊〉 Italia meritus Pontificem lâ—…geret c. Par illi potestaâ—… de patritiatâ—… dando de Episcopis prouinciatim eligendis vt omnia demum irrita haberentur nisi quae Carolus probasset Walthramuâ—… Bishoppe of Naumburg saith Hadrianus Papa collaudantibus Romanis plâ—…na Synodo c. Carolo M. eius successoribus c. sub anathemate concessiâ—… patrâ—…tiatum inuestituras 〈◊〉 I must entreat the Readers patience For I am forced to cite these witnesses only for the iustifying of Sigebert which otherwise might haue beene spared if Baroniâ—…s had not brought Sigebert as it were to holde vp his hand at the barre vnreuerently raking vp the ashes of the dead disquieting the graue of a man that â—…as buried with honour and hath resâ—…ed so many ages without disturbance vntill the profane hands of Baromus light vpon his graue It would be a matter of iust reproofe and reprehension in vs not to be as courteous to the dead as they are cruell against them not to be aâ—… carefull for preseruing antiquities as they are to deface all aâ—…cient monuments that stand against them not to be as resolute for the truth as they are impudent to maintaine fâ—…lshood I must therefore proceed in producing witnesses who liued some since that time and some before that 〈◊〉 testimony may be iustified his honesty cleared and that tâ—…e world may see by what strong faction and passion Histories are now written to defend the Popes Iurisdiction by defacing all ancient records that stand against it 〈◊〉 de Babenberg hath written a booke de iâ—…re Regâ—…i Imperij Româ—…ni in which he hath the same story that Charles came into Italy at the request of Pope Hadrian that Hâ—…drian graunted inuestitures to Charles in a Synod held at Rome â—…asciculus temporum written by Rollewinkins Warner saith likewise of Hâ—…drian Iste Hadrianus c iâ—…s Carolo super ordinatione sedis Apostolâ—… institutione Episcoporuâ—… Abbatum c. in 〈◊〉 alâ—… concilio dedit Marsilius Patauiâ—…s in diuers places doth witnesse the same thing but more expresly in his booke dâ—… translatione Imperij where he saith thus Tune Hadrianus benefiâ—…ijs temporalibus dicti Principis allectus 153 Episcoporum Abbatâ—…m concilium Râ—…ma congregauit ibique cum vniuersa Syâ—…odo dedit ei ius â—…c And so declareth the same thing that inuestiâ—…res were confirmed to Châ—…rles Rodulohus de Columâ—… writeth a booke of the same argument wherein he witnesseth the same thing The Story which is called Registrum mundi written by Hartmâ—…s Shedell saith that Charles went from the siege of Pauy to Rome Pascha in vrbe celebrare constituit assumptis seâ—…um 〈◊〉 Abbatibuâ—… c. inde Synodum habuit Mat Palmerius speaketh to the same purpose Ranulphus in his Polychronicon saith likewise Hadrianus concilium 〈◊〉 in vrbe Roma cum Cl. patribus 〈◊〉 Caâ—…lo cui concessum est tunc ius inâ—…lectione Rom. Pontificis ordinandi sedem Apostâ—…licam c. To the same purpose speaketh Martinus who is intituled Papâ—… Primarius Capellanus 〈◊〉 in speculo Historiali hath the same narration at full of the siege of Papia of Charles his comming to Rome of the priuiledges graunted to Charles by Pope Hadrian in a councell among which inuestitures are expresly named 53. Nauclerus
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
so that we are not to looke for any helpe from this Edition Baronius hauing done his lust vpon it and so many eyes watching and handes working to see that nothing may come to light which may disproue that which Baronius hath once with such confidence vndertaken But these workes of darkenesse though neuer so cautelously handled will be found out and bring shame vpon the workers For Platina witnesseth that Anastasius Bibliothecarius wrote this that Pope Hadrian yeelded this right to Charles the great His wordes are these Bibliothecarius scribit Lodouicum liberam eligendorum Episcoporum potestatem Paschali 〈◊〉 cum antea â—…a quoque in re Imperatores consulerentur quam potestatem ab Hadriano Pontifice Carolo concessam idem autor refert That is Bibliothecarius writeth that Lodouic graunted to Pascalis the free choise of Bishoppes when as before that time the consent of the Emperours was required in this thing which power the same author Bibliothecarius declareth that Pope Hadrian gaue to Charles Then we are certified that Anastasius wrote it And though this late Printed Anastasius haue it not yet that dooth not impaire our cause but our aduersaries and dooth testifie before God Angels and men the execrable impietie of them who like Giants fight against God and truth expunging and defacing auncient Records Then Platina assureth vs that Anastasius wrote it and therefore Sigebert was not the first reporter of it 57. Theodoricus de Niem doth also witnesse that this same narration was transcribed by him out of an auncient Copie written so long before his time that for age the Bookes and places where they were kept were almost consumed hac scripta reperiuntur saith he iâ—… antiquissimis Bibliothecis poene praenimia vetustate consumptis In which Bookes he found it written thus Carolus rex ingressus Italiam Papiam obsedit c. Post haec reuersus est Romam vbi constituta est sancta Synoduâ—… a beato Papa Hadriano in Palatiâ—… Lateranensi videlicet in Ecclesia sancti Saluatoris qua reuerendissiâ—…è celebrata est ab 153. viris religiosis Episcopis abbatibus c. ab vniuersis regionibus ordinibus almae vrbiâ—… â—… cuncto etiam clero huius sanctae Rom. Ecclesiae exquirentibus usus leges â—…res eiusdem Ecclesiâ—… imperij Where the same testimony for Inuestitures followeth at large This mans credite hath not beene called in question for ought that I could finde and there can be no reason to except against him being the Popes Register or in some chiefe place vnder him for writing And the better to declare the truth and fidelity of this man it is worth the obseruing that he hath with exact care recorded where he found these antiquities naming the place where these bookes might haue beene seene of all men at that timâ—… when he wrote for before his booke he writeth thus Incipit descriptio de Inuestitura Episcopatuum regum Teutonicorum ex quodam antiquissimâ—… libro Florentino per me Theodoricum de Niem Litâ—…rarum Apostolicarum scriptorem abbreuiatorem reperto dum Dominus Papa Iohannes 23. illiâ—… cum curia sua resideret fide liter extracta sequitur de verbo ad verbum prout in dicto libro videbatur scriptum 58. This man then liuing in the time of Iohn the three and twentieth being the Popes Register or Secretary or in some such office dealeth faithfully For this extreame impudencie was not then knowen in the world which is now so much practised in the Court of Rome We haue also declared from the testimonie of Nauclorus whom Iohn Reuclin a man so much reuerenced for learning in his time did so much reuerence for fidelity and diligence as appeareth by that Preface which the same Reuclin hath set before Nauclers historie that this question of the Emperours right for Inuestitures came to a hearing and examination betweene Henry the fift Emperour and Pope Paschalis the second where the Emperor shewed records proouing for three hundred yeares before his time the custome of Inuestitures to haue beene continued from Charles the great On the other side for the Pope there could nothing be shewed but Synodale decretum Some decree which Hildebrand or some Pope after him did make Moreouer vpon that Canon of Gratian which before we cyted there is reference to Iuo Carnotensis Lib. 8. de Election Rom. Pont. So that it seemeth that Iuo also wrote this before Gratian. Howsoeuer it be we haue witnesses enow to proue Sigebert an honest man and yet haue wee iust cause to exclaime O sâ—…lus O impostura O fraus For when we finde the mouth of antiquity stopped the testimonies of approued writers partly reiected as impostures only because they make against the Popes Iurisdiction partly expunged by sacrilegious hands and malicious and cruell hearts that the truth by all meanes may be defaced and falshood adored and maintained by a generation framed and fashioned to vanity and vntruth appearing with the countenance and haire of women that is of Harlots for their impudency with the teeth of Lions for their cruelty with the tailes of Scorpions for their stinging and expunging of auncient Authours leaning the Markes of their poysoned strokes in all bookes which they handle haue we not then iust cause to exclaime O profound villany O admirable cousenage O Antichristian imposture drawen from the depth of Sathans pollicies And what could make Baronius so confident to assure that none before Sigebert wrote thus but a sure confidence and repose in the expunging of Anastasius And yet hath he not so expunged that Authour but that the true markes of that Narration remaine still in his booke as presently we shal declare But behold into what wretched times we are now fallen for we cannot write for the truth without feares least we should by conuincing falshood giue an opportunity to falsifiers to worke more falsly For who can warrant vs that this which we haue produced shall not hereafter bee cleane expunged out of these Authors that no memory in antiquitie may remaine against them And when they haue corrupted all auncient Recordes and their posterity shall triumph in the wickednesse of their Fathers then our hope is that Christ from heauen will shew himselfe and will not suffer that Kingdome long to indure which standeth vp by no other supporters then falshood and vngodlinesse These outragious practises against the truth cannot but raise vp the spirits of GODS children to an earnest longing and expectation of Christs comming to deliuer his truth out of this captiuity and filthy prison wherein vnrighteous men seeke to holde it downe suppressed 59. Baronius proceedeth and telleth vs that Eginhardus saith that Charles came but foure times to Rome then Baronius laboureth to proue that this thing could not be done at any of those times We answere It is enough for our purpose if Charles came but once to Rome for all those Authours which I haue cyted doe proue that this was
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
some Emperours haue giuen some â—…emporalities to Popes as 〈◊〉 gaâ—…e to Siluestâ—… wee must not thinke that they gaue that which was their owne but onely restored that which vniustly and tyrannically was taken from Popes These things are such that in the iudgement of all men that are not destitute of iudgment need no reâ—…utation He saith also in the same place Potestâ—… omnis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 subâ—…legata respectu 〈◊〉 Papâ—… All power of Emperoâ—…s and Kings is to them delegated by the Popes power This is the Iurisdiction which is fought a temporall Iurisdiction ouer Princes this doctrine was deuised onely to maintaine the practise of the Popes excommunication And as this new and strange doctrine was found out for the defence of that new and strange practise so the manner of the defence is no lesse strange for he declareth that this Iurisdiction for which he pleadeth so much is not in the Pope as he is a Priest or Bishoppe but as he is a Prince It followeth then in his confession that this Iurisdiction is proper to Princes and not to Priests For thus he saith Papatus est nomen Iurisdictionis noâ—… ordinis That is The Papacy is a name of Iurisdiction and not of Order And againe Potest Papa habere omnem potestatem pertinentem ad Papam tamen â—…arere potestatâ—… ordinis That is The Pope may haue all Iurisdiction beloâ—…ging to the Pope and yet be no Priest This new doctrine teacheth great wonders that the Pope may haue all Iurisdiction and bee no Priest The Iesuites and our owne Popish Countrie-men crye out against vs for giuing Iurisdiction to such as are no Priests but onely temporall Princes It will be hard for them to accuse vs and defend their owne Doctors 4. Because this manner of maintaining the Popes Iurisdiction is grosse to set him aboue temporall Princes in temporall Iurisdiction therefore diuers since this time haue sought to mollifie this harsh manner of speech by a distinction which they haue found out of late betweene Power direct ouer Princes and indirect These men say that the Pope hath power to depose Princes not directly but indirectly in respect of some spirituall good But when they come to the application of this distinction it appeareth nothing but a Miste to dazzle the eyes of men wherein there is no simplicity or truth Bellarmine is one of those that admitteth this Distinction vpon which Distinction graunted by Cardinall Bellarmine Master Blackwel thinketh he hath a good ground for taking the Oath of Alleageance And when Bâ—…llarmine reproueth him for that he answereth him by his owne Distinction a reasonable answere aâ—…d yet such is the Mist of this Distinction that you can hardly tell whether of these two speaketh more cunningly For Bellarmine saith that the Pope hath power to depose Princes not directly but in respect of some spirituall good but when Master Blackwell saith that in his particular case the spirituall good of Catholickes was respected This Bellarmine will denie for he will say that no priuate man must be iudge of this spirituall good but onely the Pope Now let the Pope bee Iudge and then this Distinction is as good as nothing for whensoeuer the Pope deposeth a Prince or dischargeth his subiects from their Oath of Alleageance he will iudge it to be for some spirituall good So that in this vnderstanding and sense of Bellarmine there is no reall difference betweene direct power and indirect 5. In like sort when Master Blackwell saith the Pope hath power to depose Princes indirectly or in respect of some spirituall good and iudgeth the taking of the Oath of Alleageance to respect a spirituall good end giuing this reason because the refusal of this Oth wold bring vpon vs the ruines of Catholicke families the lamentable extirpation of the whole Catholicke estate among vs We say the case of this man and of those that depend vpon him is much better then the case of them that refuse the Oath but yet to drawe them a little further into the loue of obedience let vs note the imperfection of his defence We commend his action and speake here onely of his manner of defending it for the reason that draweth him to obedience and to take this Oath is not a conscience of that commaundement of God which commaundeth obedience to Magistrates but the danger of Catholickes and of himselfe which proueth an indirect obedience So that in pleading for a verball distinction of power direct or indirect they descry a reall distinction of obedience direct or indirect Now there is not much difference betweene these three opinions of them that holde the Popes direct power and his indirect power and that say his power is to respect the present danger of the Catholickes For whatsoeuer Triumphus bringeth vnder his direct power that Cardinall Bellarmine will reduce vnder indirect power so that though they differ in the manner how this power commeth to the Pope directly or indirectly yet they both are agreed that the Pope hath this power and this is also Master 〈◊〉 iudgement For remooue the danger of his Catholickes and then he hath nothing to say against this power of the Pope so that the question is not how he hath it but whether he hath this power or not Vnto which question all Romance Catholickes answer affirmatiuely and we negatiuely 6. Thus did those learned men conceiue the question that first began to handle it these later distinctions came in by such as would hide themselues in a miste and seeme to say something when they say nothing Now let vs declare the 〈◊〉 of those men that first came to the handling of this question of the Popes power after that it was fully made knowen to the world by the Popes decrees and the writings of 〈◊〉 Triâ—…phus The first occasion that set men on worke vpon the studâ—…e of this question was partly as I haue said the writings of 〈◊〉 but this occasion was â—…otoriously promoted by the vniust vexâ—…ions which the Popes offered to Lodoâ—…icke Duke of Bauâ—…re Emperour in prosecuting of their pretended Iurisdiction ouer Kings and Emperours This Emperour being persecuted by the Popes as before wee haue declared was desirous to know the iudgements of the best learned men that then liued in the world who with 〈◊〉 did search out and by learning did ouâ—…rthrowe this new sophiâ—…ent right The chiefe of them who then wrote â—…gainst the Popes Iurisdiction was Maâ—…sitius 〈◊〉 and 〈◊〉 Ocâ—… Of these and of some other that in one pâ—…rt or other haue conâ—…uted this Iurisdiction of Popes I am now to speake in order §. I. Obserâ—…ations out of the writings of Marsilius Pat. against the Popes Iurisdiction 7. MArsiliâ—…s about the yeere of Christ one thousand three hundred twentie and foure set ouâ—… that booke which he Intituleth 〈◊〉 pacis wherein hee shaketh the rotten and ruinous reasons of such as maintained this Iurisdiction because the booke is written with
thus For other learned men deuoted to the seruice of the truth entred into a further search of this Iurisdiction among whom Michael Cezena and William Occham were famous The occasion whicâ—… stirred them vp to make search of this point was this Michael Cezena Generall of the Order of the Minorites refuted three Constitutions of Pope Iohn the two and twentieth Ad conditorem Canonum Cum inter Quia quorundam These hee refuted and sent his bookes abroad against these Constitutions whereupon Iohn the two and twentieth depriued him and disabled him from taking any other dignity But Michael appealed from the Pope 15. Here arose the question whether a Christian might appeale from the Pope William Occham once a worthy fellow of Merton Colledg in Oxford vndertooke this question disputeth it throughly in that booke which he intitleth Opus nonaginta dierum He concludeth that a man may and might appeale from the Pope and that a Councell is aboue the Pope And saith that many moe learned men wrote diuers bookes at that time for confirmation of the same truth wherein they alleadge strong reasons to proue their purpose and answere all doubts De ista materia saith he plures libri prolixi sunt editi in quibus praedicti 〈◊〉 motiua adducunt quam plurima obiectiones refellunt quae possunt oriri dubia declarare nituntur That is Of this matter many long bookes set forth wherein these foresaid Disputers alledge many reasons refute obiections and seeke to cleare all doubts that can rise Of the Pope he saith thus Iohâ—…es 22. coâ—…scius 〈◊〉 suorâ—… ad iudiciâ—… generalis concilij veâ—…ire recusat That is Pope Iohn the two and twentieth his owne consciâ—…nce accusing himselfe of his errours refuseth to come to the iudgement of a Geâ—…erall Councel Thus the Pope hath euer bin affraid of a General Councell since the time that first he vsurped Iurisdiction The same Author confuteth the Constitutions of Iohâ—… the two and twentieth first by Scriptures then by Canons of Councels and testimonies of holy Fathers and last of al by the determination of the Church of Rome And for this question of Iurisdiction because the Popes then began to chalenge tempâ—…rall Iurisdiction ouer Princes his assertion is â—…eatus â—…etrus non fuit vicarius Christi quantum ad officium regâ—…i temporalis nec in â—…omporalibus qusbâ—…e That is S. Peter was not Christs Vicar in respect of a temporall Kingdome nor in respect of any tempoâ—…alities whatsoeuer Which Assertion he proueth thus If it were so that S. â—…eter were Christs Vicar in temporall Dominion then should S. Peter haue Iurisdiction ouer Emperours and Kings but this the Popes themselues denie for Pope Nicholas saith thus Quuâ—… ad verâ—… veâ—…tum est nec Imperator iura sibi Pontificatâ—…s c. That is When we come to know the truth neither hath the Emperour taken vpon him the right of the Pope nor the Pope vsurped the title of the Emperour for one Mediator of God and man Iesus Christ hath distinguished the Offices of both these powers by their proper actions and distinct dignities Ex hiâ—… saith Occhaâ—… datur 〈◊〉 quod Rom. Pontifex ex successione Petri non habet Iurisdictionem temporalem super 〈◊〉 That is Hence we may vnderstand that the Pope by succeeding Petâ—…r hath no temporall Iurisdiction ouer the Emperour 16. Against this determination he moueth some obiectious or rather taketh the â—…easons of 〈◊〉 Triumphus and maketh them his obiections though he suppresse the name of 〈◊〉 The obiectious are these First The Pope deposeth Kings 15. qu. 6. cap. aliâ—… Secondly The Pope trauslated the Empire Extra de Elect. cap. venerabilem Thirdly The Emperor taketh an Oath of Alleageance These are the reasons of Augustiâ—… Triumphus whereunto he aunswereth thus To the first he saith Rationâ—… eriminis habet spiritualâ—…m Iurisdictionem non temporalem That is In respect of some fault hee hath spirituall Iurisdiction but not temporall Then all the Iurisdiction which the Pope or any other Bishoppe hath is onely spirituall in his opinion in respect of sinne which may be censured by spirituall censures But a power to depose Kings includeth temporall Iurisdiction To the second he saith The Pope translated the Empire Non in qâ—…antum successor Petri sed authoritate Romanorum qui sibi potestatem huinsmodi concesserant That is Not as the successour of Peter but by the authority of the Romanes who graunted him that power To the third he saith the Emperour that first tooke an Oath of Alleageance did it from deuotion and humility and therefore afterward refused it Marfilius answereth to this last obiection somewhat otherwise for he vtterly reiecteth the testimony of that Canon that witnesseth that the Emperour tooke an Oath of Alleageance Intaâ—…tum vero ipsorum quidam prorupit aâ—…daciam saith Marsil vt in suis edectis expresserit Romanum Principem sibi iurameâ—…o fidelitatis ástringitanquam coactiâ—…a Iâ—…risdictione subiectum vt ex suarum narrationum quas decretales appellant derisibili contemptâ—… prorsus inuolucro septimo de Sent re iâ—…dicata palam se inspicientibus offert That is One of them to wit Clement the fift hath broken out in such impudency in his Edicts that he affirmeth the Emperor is bound to him by an Oath of Alleageance as subiect to him in coactiue Iurisdiction as is openly to bee seene in 2. de Sent. re â—…udic out of that ridiculous and most contemptible collection of their Narrations which they call Decretals 17. But to returne to William Occham and Michael Cezena in whose cause Occhaâ—… was ingaged Michael was deposed by Iohn the two and twentieth in Iune in the yeare of Christ one thousand three hundred twentie and eight in his behalfe letters were directed to the Chapter of the Minorites assembled in Parpinian and Auinion in the yeare one thousand three hundred thirty and one These letters were subscribed by Henricus de Chalchem Franâ—…iscus de Esculo and Guilielmus de Occham not onely these men fauoured his cause but those two famous Vniuersities Oxford and Paris did approue the same Whereuppon Michael being arrested by the Pope did appeale from the Pope Consider the nature of his appeale for it openeth the sense and iudgement of learned men then liuing being approued by the greatest learned men then liuing and by all the learned men of that order in England and in Paris for so it is said there Quae determinatio fuit etiam ab omnibâ—…s Magistris baccalarijs in sacra pagina de Parisijs de Aâ—…glia dicti ordinis approbata Vâ—…iuersis Christi fidelibus destinata That is Which determination was also approued of all the Masters and Bachelours in Diuinity of the said order of Paris and England and directed to all Christians I will set downe the forme of his appeale as in the same place I finde it expressed and thus it is Habito prius
would haue imputed hereticall prauity to the Councell Thirdly and last of all the distinction betweene the Church of Rome and the Court of Rome wherof we haue so often spoken is here againe confirmed For these flatterers stood for the Popes Iurisdiction against the Church of Rome heere assembled in a Councell but howsoeuer they haue preuailed since wee see heere that by the Church of Rome they were accounted then but a base companie of flatterers These bee they who afterward preuailed in the Councell of Trent lifting vp the priuiledges of the Pope aboue the Church And this is that Church on the other side which then was in danger to be pronounced heretickes by the Pope and these who are marked and branded not by me but by Gerson Cusanus Aeneas Siluius and the rest of both these Councels of Constance and Basil to bee no better then a generation of base flatterers 54. Then there is no great thing done or at which the world may maruel when we see the reformed Churches at this day accounted heretickes by the Pope and his flatterers for this was a thing long looked for The Church did beare the pride of the Pope the ignorance and insolency of his flatterers as long as she could indure it And when there was no remedie made a separation indeede from the Pope and his flatterers holding on still in the auncient waies of our fathers who haue from time to time made resistance against the Pope and his seruants from which auncient way of our forefathers from their profession sense iudgement and religion the Councell of Trent hath made a famous defection hauing declined and turned aside from the ancient and constant profession of the truth in doctrine and Iurisdiction vnto these new and straunge deuises taken vp of late and inuented by Friars and flatterers of the Court of Rome This defection which the Pope hath made from the Church and the Church from him was long before looked for and diuers did speake of it before it came to passe as Mat. Paris declareth that some feared it might haue beene done by Bishop Grost head so Cardinall Cusanus declareth as hereafter we are to shew how the Church may depart from the Pope 55. The same Gerson saith also Concilium generale potestatem à Christo immediatè habet cui quilibet cuiuscunque status etiamsi Papalis existat obedire tenetur in his quae ad fidem extirpationem schismat is pertinent That is A generall Councell hath power immediatly from Christ whereunto euery man is bound to obey in things concerning faith and the extirpation of Schisme of what state soeuer he be though a Pope And he addeth thus much Saluberima haec determinatio lex fundamentalis velut infallibilis aduersus monstrosum horrendùque offendiculum quod positum erat per multos determinantes ex texibus grossè non ad regulam Euangelicam acceptis c. generale concilium totum â Papa robur immeditate sumere That is This most sound determination is a sundamentall law and as it were infallible against that monstrous and horrible offence which is giuen by many concluding from texts grossely vnderstood and not according to the Euangelicall rule c. That a generall Councell receiueth all strength immediatly from the Pope In which wordes hee obserueth that the Popes flatterers who brought in this Papall Iurisdiction aboue the Church Councels did induce hereby a monstrous and horrible offence in the Church This offence saith hee was giuen by such as would proue this Iurisdiction from certaine texts of Scripture as Tu es Petrus super hanc Petram aedisicubo Ecclesiam meam and oraui pro te Petre c. And such like which are wire-drawen to countenance this Papall Iurisdiction Which texts saith Gerson are grossely taken by these flatterers and not according to the rule of the Gospell And seeing we finde that the Iesuites at this day haue no other ground for the Popes Iurisdiction then the same texts by them and their forefathers distorted into a wrong sense as it is obserued by our forefathers against them let the Iesuites know themselues to be the generation of those that haue distorted the holy Scriptures and thereby brought a monstrous and damnable offence into the Church Gerson presenly after this declareth that against these flatterers the reuerend Cardinall Cameracensis whom he calleth his worthy master did write in defence of the truth Scripsit saith he super hanc materiam reuerendiss pater dominus Cardinalis Cameracensis praceptor meus inclytus which booke of Cameracensis if it be extant for I could not see it though I much desired I suppose might make these flatterers to be better knowen and the right of the Church more strongly confirmed 56. Gerson proceedeth and of that Iurisdiction which the Pope claimeth by imposing his Canon lawes vpon other Princes he saith Papa non debet 〈◊〉 vt Canones positi aut alienae traditiones humanaeâ—…nuariabiluer obseruentur per omnes nationes That is The Pope ought not to striue to impose his Canons or that other humane traditions bee kept inuariable of all nations Where he declareth that this imposing of the Popes Iurisdiction vpon other nations gaue occasion to the Greekes to make a separation from the Latins and daily ministreth occasions of contention through Christendome In the same Booke which he Intituleth De â—…uferibilitate Papae he holdeth positiuely that howsoeuer in some other respects there might be some vse of a Pope yet concerning this our question of Iurisdiction the Pope with all his pretensed Iurisdiction might be vtterly remoued from the Church his position is Auferibilis est Papa per generâ—…le concilium perpetuo 〈◊〉 adtempus quoad ea omnia quae sunt â—…urisdictionis That is The Pope may be remooued by a generall Councell either for euer or for a time in respect of all things pertaining to Iurisdiction Now if the Pope may be remoued from the Church in respect of Iurisdiction then the Canonists are quite put downe who hold that the very essence of the Papacy standeth in Iurifdiction Further concerning this question of Iurisdiction the same Iohn Gerson hath made a Treatise wherein he handâ—…eth this question An liceat in causis fidei a summo Poâ—…tifice appellare Wherein he determineth that a man may appeale from the Pope §. VI. Cardinall Cusanus 57. SOmewhat after this wrote Cardinall Cusanus who offered his Booke De concordantia Catholica to the Councell of Basil submitting himselfe and his labours to the iudgement of that Councell It appeareth that about this time there were some motions and consultations of a reuolt from the Pope and Court of Rome which consultations were moderated then for a time by such learned men as were in greatest estimation but afterward vpon the like reasons it brake foorth Cusanus disputeth this point in an Epistle written to Roderic de Treuino â—…rator to the King of Castile Wherein he seemeth first
to disswade the separation producing that out of Augustine Nullam posse causam dari ob quam necessarium sit ad schisma perâ—…enire That is That no cause can bee giuen for which it may bee necessary to come to a schisme But after much dispute at last hee resolueth that the case may be such that the Church may well depart from the Pope Quando sacer Princeps saith he contra sanctorum patrum statuta aliquid praesumit vbi non constat eum ex causa 〈◊〉 aut necessitatis moueri sed ex aliqua particulari indigâ—…a causa time ipse in priora Petri mandata offendit exiens vires potestatis suae Quapropter non esset inconâ—…eniens si pertinaciter in hoc persisteret Ab eo recedi posse per Ecclesiaâ—… That is When the holy Prince presumeth against the lawes of holy Fathers where it appeareth that he is not moued thereto because of the publike good or necessitie but from some particular of his owne and an vnworthy cause then hath he first offended against the former precepts of Peter going beyond the limits and strength of his power Therfore if hee persist therein incorrigibly it is nothing inconuenient for the Church to depart from him 58. Then if a Pope make a departure first from the Mandates Doctrines and faith of Saint Peter thus going out of the bounds of his power in this case it is the iudgement of the graue Cardinals of Rome who liued and wrote long before M. Luther was borne that the Church might make a separation from the Pope Iohn Gerson saith as before we heard that this separation may be for a time or for euer Now then whereas this separation is made from the Pope by the reformed Churches there is nothing done but that which the Church had in consultation to doe long before in case the Pope should persist in his pride and transgressions and shew himselfe incorrigible So that it is no maruaile if the Church which hath so long before thought of this departure being thereunto so much prouoked by the intollerable ambition of the Pope hath once performed that thing which was so long in consultation especially seeing the Church hath for the same both the warrant of holy Scriptures which doth fully not only prophesie of this departure which the Pope hath made from the truth and consequently which the Church was to make from the Pope but also giueth expresse commaundement to the people of God to depart from thence Go out of her my people And besides this warrant of holy Scriptures they had also the iudgement of the Church before them which Church whether we consider it in particular members as the learned men principall instructours and preseruers of doctrine or in generall Councels hath as we see oftentimes declared herselfe to bee wearied with bearing the Popes proud and ambitious Iurisdiction and hath beene in great consultation to cast off the yoake of this Aegyptian bondage 59. Now from that booke which this Cardinall Cusanus wrote De 〈◊〉 Catholicâ—… we will obserue some things wherein he declareth his iudgement against this Papall Iurisdiction And first he disputeth against them that thinke the Pope hath more power then other Bishops Oportet primum si hoc verum foret Petrum aliqâ—…d à Christo singularitatis recepisse Papam in hoc successorem esse sed scimus quod Petrus nihil plus potestatis à Christâ—… accepit alijs Apostolis 21. d. in nouo 24. q. loquitur That is First if this be true it must bee graunted that Peter receiued some singular power from Christ and that herein the Pope is his successor but wee know that Peter receiued no more power from Christ then the other Apostles 21. d. in nouâ—… 24. q. loquitur And of this spirituall Iurisdiction he saith thus Cum potestas ligandi soluendi in qua fundatur omnis Ecclesiastica Iurisâ—…ictio sit immediate à Christo quia ab illa potestate ligandâ—… soluendi sit diuiâ—…a Iurisdictionis potestas patet omnes Episcopos forte etiam presbyteros aequales esse quoad Iurisdictionem That is Seeing the power of binding and loosing in which all Ecclesiasticall Iurisdiction is founded is immediately from Christ and because the power of diuine Iurisdiction is from this power of binding and loosing it is euident that all Bishops perhaps also all Priests are equall in respect of this Iurisdiction And againe hee saith Quod vniuersale concilium propriè captuÌ„ scilicet quod vniuersam EcclesiaÌ„ representat sit supra Patriarchas Roman Pontificem credo â—…ubium esse non debere That is I hold it a truth not to bee doubted that a generall Councell properly taken that is as it representeth the vniuersall Church is aboue Patriarches and the Bishop of Rome And againe Papa per Synodum in criminibus etiam alijs quam hâ—…resi iâ—…dicari potest That is The Pope may be iudged by a Synod for other crimes also besides heresie Now for the Iurisdiction of the ciuill Magistrate the same Author speaketh thus Imperator Christianorum in sua praesidentia est Christi vicarius That is A Christian Emperour in his office is Christs Vicar And againe Omnis rex Imperator habet officium Publicum ad Publicam vtilitatem or diâ—…atum Publica vtilitas est paâ—…ad quam ordinantur iusticia iusta praelia principium autem pacis est ad â—…inem 〈◊〉 â—…rigere subditâ—…s media illum 〈◊〉 sunt sacra institâ—…ta religionum quare prima cura Imperialis in 〈◊〉 obseruandis verâ—…ur That is Euery King and Emperour hath a publike office ordinate to the publike good the publike good is peace whereunto iustice and iust warres are ordinated the fountaine of peace to direct subiects to an eternall end the meanes to obtaine that end the holy ordinances of religion wherefore the first and chiefe care Imperiall consisteth in the obseruation of those ordinances And therefore he saith Imperator curam custodiae gerit And againe isto modo imperator dicitur aduocatus vniuerâ—…alis Ecclesiae custos sides orthodoxae Which thing he proueth by the ancient practise of the Church because in the Chalcedon Councell the Emperour Martiaâ—…us is called custos fidei and the Emperour Basilius in the beginning of the eight Councell saith that the gouernement of the Church was by the prouidence of God committed to his hands 60. The same Author speaking further of the office of Kings and of their Iurisdiction in Church affaires and in Councels saith Debent râ—…ges principes Synodos congregare iuxta admonitionem sancts Gregorij ad Theodoricum regem Francorum ex registro 273. Iterata vos per vestram mercedem adhortatione pulsamus vt congregari Synodum iubeatis That is Kings and Princes ought to gather Synodes according to the admonition of Gregory writing to Theodoricus the French King ex registro 273. We moue you with our redoubled petition that euen for that
reward that is reserued for you you will commaund that a Synode may bee gathered Another part of the office of a Prince is saith he Confirmare custodire in concilijs 〈◊〉 which thing hee proueth by diuerse auncient authorities and concludeth that Emperours haue euer had this authoritie Hee saith that in this thing hee had made diligent search and had found this practise continued in all generall Councels vntill the eight Synode inclusiuely In which search saith hee I finde by the acts of all generall Councels aswell in Chalceon as in Constantinople Nice Ephesus that either the Emperour was present in person or some iudges his Vicegerents and those not aboue twentie seldome fifteene but when the Emperour himselfe was present in person I finde saith he that hee was alwayes Presedent of the Councell no other secular Prince hath right to be present in the Councell sauing the Emperour Vnlesse the Emperour appoint some to be present but being present they haue no voice in the Councell but may sit onely to heare this he proueth by that testimony of Ambrose in the cause of faith Bishops are the iudges and not the Emperours 61. And whereas this auncient Iurisdiction of Princes was so disordered by the Pope that by Papall intrusions and incroachments the Princes had well-nigh lost their right and temporall Iurisdiction turned into spiritual Iurisdiction of this he much complaineth and openeth the true cause of all this disorder to be in the insatiable couetousnes of the Court of Rome for thus he saith Rabidus appetitus ad ipsa terrena Ecclesijs annexa Dominia Episcopis ambitiosis hodie inest c. de temporalibus omnis cura de spiritualibus nulla Non fuit ista intentio Impâ—…ratorum non volebant spiritualia à temporalibus absorberi c. dum vacant Ecclesiae semper in periculo schismat is existunt c. Si perelectionem prouidendum est ambitio procurat diâ—…isionem vâ—…torum Si per curiam facilius persuadetur pro plus offerente omnia illâ—… grauamina adueniunt pauperibus subditis curia attrahit quicquid pingue est id quod Imperium contulit pro Deicultus bono publico ordiâ—…auit sanctissime auaritia cupiditate exorta palleatis rationibus nouis adinuentionibus totaliter peruertitur Imperiale efficitur Papale spirituale temporale That is Such a rauenous appetite is in ambitious Bishoppes at this day toward the temporall Dominions annexed to Churches c. all their care is for the temporalties not for spirituall matters this was not the meaning of Princes they meant not that the spirituall labours should be deuoured by temporalties c. Whilst the Churches are vacant there is alwaies some danger of a schisme c. If they proceed by election ambition procureth a diuision of the voyces If by the Court he that bringeth most is best heard and soonest preuaileth And all these greeuances come vpon the poore subiects whatsoeueris fat and rich the Court of Rome draweth to her selfe and that which the Empire as well for the worship of God as for the publicke good hath conferred vpon the Church and ordeined to an holy end all is vtterly peruerted through filthy couetousnesse and certaine painted reasons and new inuentions are deuised to colour it And thus the Imperiall right is now made Papall and temporall right is made spirituall Then these be the obseruations of the learned men of the Church of Rome long before vs that the Pope had intruded vpon the Emperours right now what soeuer the Pope had once practised that must be called spirituall Thus the Iurisdiction of the Emperor being once by cunning or force wrested from the Emperour being found in the Popes hand it was presently called spirituall Iurisdiction as he doth most truely obserue Imperiale efficitur Papale spirituale temporale 62. By all which we find the iudgement of this man to be directly against the Popes pretensed Iurisdiction and for the right of temporall Magistrates when we finde the Cardinals of the Church of Rome to write thus before the time of the contention and before M. Luther was borne wee are not so much to consider their priuate iudgements in these things as the receiued iudgement of the Church wherein they liued that is the Church of Rome from the iudgement of that Church they departed not but in these things do faithfully deliuer vnto vs the iudgement of the same Church standing against the iudgement of the Pope and his Court consisting of Friars and flatterers Thus we see the cause of the Reformed Churches throughly iustified by this learned Cardinall their separation from the Pope and the Court of Rome warranted because the Pope hath first made the separation from the profession of Saint Peter and from the faith of holy Scriptures and the idugement of auncient fathers In which case he granteth that the Church may depart from the Pope and thereby doth iustifie the separation that is made §. VII Aeneas Siluius 63. AT this time wrote Aeneas Siluius afterward called Pope Pius the second he hath written a booke of the actes and proceedings of the Councell of Basil from which I will note some things wherein the iudgement of this man may appeare concurring with the iudgement of the Church of Rome in his time but repugnant to the Pope and his flatterers First handling that Text Tues Petrus super hane Petram c. he saith thus A quibus verbis ideó placuit exordiri quod aliqui verba hâ—…c ad extollendam Rom Pontificis authoritatem solent adducere sed vt statiâ—… patebit alius est vâ—…rborum Christi sensus That is With which words I thought good to begin because some vse to alledge these words to extoll the authoritie of the Bishop of Rome but as it shall soone appeare there is another sense of Christs words Who are they who in the iudgment of this man do peruert the words of Christ Let the Iesuites aunswere and let them giue vs some reason able to satisfie a man of reason why that cause should not bee helde damnable which is condemned by their owne writers their Bishoppes their Cardinals their Popes Let them not tell vs that this Pope Pius was of another mind afterward when he was Pope and before he was Pope he might erre but after he was once Pope he could not erre these bee plaine collusions of them who write such things and illusions of such as beleeue them For it is not possible that any man should write or speake or thinke such things from conscience Shall I thinke that any learned man can thinke in conscience this to bee true that the Pope cannot erre when I heare the testimonie of the Church so full against it When I heare such as come to be Popes refute it before they come to that place When I heare such as haue beene in the place exclaime in the extremitie of desperation that no man in