tearme it from whence all Spirituall Iurisdiction must proceed to others some adde also Temporall of Spirituall Iurisdiction Bellarmine saith all Bishops receiue Iurisdiction from the Pope The like some of them or some others teach also of Temporall power the difference which they obserue is that Spirituall power is deriued from the Pope to all Bishops but Temporall power is giuen to execute some seruice Augustinus Triumphus of Ancona who wrote about three hundreth yeeres agoe at the commaundement of Iohn 22. Pope set foorth of late by the authoritie and priuiledge of Gregorie 13. did long before the Iesuits dispute this question of the Popes Soueraigne authoritie ouer Princes since which time the Friars haue closely followed his footsteps His assertion is Omnis potestas imperatorum regum est subdelegata respectu potestatis Papae And againe in the same place Omnis potestas saecularis est restringenda amplianda executioni mandanda ad imperium Papâ—… These and the like positions are now resolutely and stiffely maintained by the Iesuits and others of that faction 3. This agreeth well with the Canon lawes which are the fundamentall lawes of the court of Rome For thus they say Nos tam ex superioritate quam ad imperium non est dubium nos habere c. That is we aswell by that soueraignetie and right which without all doubt we haue to the Empire as also by that power whereby we succâ—…ed the Emperour in the vacancie of the Empire and no lesse also by the fulnesse of that power which Christ the King of kings and Lord of lords hath in the person of Saint Peter graunted to vs though vnworthy declare all such sentences and processes made by Henry 7. void and of none effect Thus saith Clement 5. Pope against Henrie 7. Emperour To the same purpose saith Boniface 8. Pope in a Constitution of his Oportet gladâ—…um esse sub gladio c. That is one sword must be vnder another sword and the Temporall authoritie must be subiected to the Spirituall authoritie for when the Apostle saith there is no power but of God and the powers that are are ordained of God They could not be ordinated vnlesse one sword were vnder another and a little after Thus of the Church and of the power Ecclesiasticall is verified the prophecie of Ieremie behold I haue sâ—…t thee ouer nations and kingdomes to plucke vp and to root out and to destroy and to throw downe and to build and to plant And againe we declare we say we define we pronounce that it is necessarie to saluation to beleeue that euery humane creature is subiect to the Pope of Rome These be the lawes of the court of Rome which some of late haue so much adored as to call them Catholike Diuinitie and which for truth and certaintie and for authoritie ouer their consciences they hold comparable euen with the holy Scriptures 4. By all which wee collect the doctrine of the court of Rome or the Popes faction to be that the Pope hath all power Spirituall and Temporall aboue all other whatsoeuer This I call the opinion of the Court of Rome or the Popes faction because we finde the most learned of the Church of Rome to hold the contrary For concerning spirituall power the best learned of the Church of Rome yea and whole councels maintaine the Spiritual power of the Church to be aboue the Pope as hereafter we shall declare And for this Temporall power aboue Kings and Emperours claimed by the Popes in their Canon Lawe maintained by their flatterers it seemeth so straunge so new and absurd that they who maintaine it are not as yet agreed vpon the state of the question For some hold that the Pope hath this power directly ouer Princes as the Canonists to whom some of the Shoole-men may be added as Triumphus and some of late called Congregationis Oratorij as Cardinall Baronius Bozius and such Others denying this direct power hold that the Pope hath the same power but indirectly as depending vpon his Spirituall power of this opinion is Cardinall Bellarmine and others these both hold the same conclusion but differ in the manner of holding it Others there be who are in some sort content to allowe the Popes Fatherhood in spirituall matters in case lie would not prooue incorrigible but vtterly denie this power ouer princes both direct and indirect of this opinion was Guil. Occham Ma' silius Patauinus and other learned men of the Church of Rome And of late Guil. Berclaius a French Lawyer hath with great learning refuted both the former opinions of the Popes power direct and indirect against Bozius and Bellarmine and yet this man professeth himselfe to be resolued to liue and die a Papist so that on the one side stand all the reformed Churches and many of the best learned of the Church of Rome I may say all the Church of old and of late On the other side standeth the Pope with his faction that is his flatterers and this I call with some of former ages the Court of Rome this is the opinion of our aduersaries 5. Our positiue sentence against this standeth in two parts as the Pope hath incroached on two sides both vpon the right of Kings and of the Church Concerning the Kings right we hold that in externall coactiue Iurisdiction the King hath supreame authoritie in all causes and ouer all persons Ecclesiasticall aswell as Ciuill This is that which hath bene published by diuerse writings and ordinances which by publike authoritie haue beene enacted and published declaring that the King within hi Dominions hath this soueraigne authoritie and that heerein there is no forraine power aboue the King The authority of the Church hath beene in like sort vsurped by the Pope by drawing to himselfe a supposed title of the head of the vniuersall Church by deuising a straunge authority in the fulnesse of power by claiming a newe and straunge priuiledge of his not erring iudgement and making himselfe the onely iudge of controuersies of faith This power in iudging and determining of controuersies of faith and religion being partly in the Church partly in the Scriptures the Pope hath wrested from both first extolling the Church aboue the Scriptures and then setting himselfe aboue the Church Then that the limits of each power may be truely knowne we giue all spirituall power to the Church all externall coactiue iurisdiction to the King when each of these shall haue taken vp his owne right there will not be so much left to the Pope as these great flatterers the Iesuits seeke to heape vpon him Our purpose is first to dispute the right which Kings haue in coactiue power ouer all persons and in all causes euen Ecclesiasticall within his dominions by persons ecclesiasticall wee vnderstand Archbishops Bishops Deans Rectors and all other set in calling and place Ecclesiasticall by causes Ecclesiasticall wee vnderstand causes Ecclesiasticall of externall coactiue
this opinion was r◅olued that Supreame Ecclesiasticall Iurisdiction was in the Popes And therefore we prouing that Supreame and last Appellation doth by the law of God belong to none but to the Soueraigne Prince conclude vndoubtedly that Supreame Iurisdiction belongeth to him onely 10. Heere a question may be mooued whether Saint Paul did well and orderly when he appealed to Caesar and whether Caesar was made iudge of these questions which were Doctrines We aunswere Saint Paul had no meaning to make C◅sar iudge of any point of faith But whereas hee was persecuted by the high Priests who sought his life in this matter of coactiue power Saint Paul giueth Iurisdiction to Caesar. There is also a difference betweene that power which heathen Princes haue and that which Christian Princes haue for heathen Princes haue all power coactiue whatsoeuer the cause be and without this helpe the Church could neuer deale in matters of this nature Christian Princes besides this coactiue power haue also as appeareth in the gouernment of Israel externall discipline in matters Ecclesiasticall 11. Thus we haue declared the distinct right of the King and the Priest after that they were distinguished by the written law of God we haue prooued that the Soueraigne Iurisdiction coactiue resteth in the Prince by a right which God hath giuen and therefore may not be taken away by man It followeth to consider how this right hath beene accordingly exercised by the godly Kings of Israel Ios◅ commanded the people to be circumcised and not Eleazerus the cause was Eccles◅ticall but to command in such causes declareth iurisdiction Dauid reduceth the Arke he appointeth Priests Leuites Singers Porters to serue at the Tabernacle he assigneth Officers of the sonnes of Aaro◅ All which being matters Ecclesiasticall the Prince as hauing soueraigne authority in both causes ordaineth Solomon buildeth the Temple and consecrateth it Asa remoueth Idols and dedicated the Altar of God that was before the porch of the Lord. Iehosaphat abolisheth Idolatry cutteth downe the groues sendeth Priests and Leuites to teach in Townes and Cities Setteth vp Iudges both ciuill and Ecclesiasticall and commandeth both to iudge according to godlinesse truth and Iustice. Because in the words of Iehosaphat these things are distinctly deliuered we will obserue the whole place The wordes are these And hee set iudges in the land throughout all the strong Cities of Iuda Citie by Citie And said to the Iudges take heed what you doe for you execute not the iudgement of man but of the Lord and he will be with you in the cause and iudgement Wherefore now let the feare of the Lord be vpon you take heed and doe it for there is no iniquitie with the Lord our God neither respect of persons nor receiuing of reward Moreouer in Ierusalem did Iehosaphat set of the Leuites and of the Priests and of the chiefe of the families in Israel for the iudgement and cause of the Lord and they returned to Ierusalem And he charged them saying thus shall you doe in the feare of the Lord with a perfect heart And in euery cause that shall come to you of your brethren that dwell in your Cities betweene blood and blood betweene Law and precept Statutes and iudgements you shall iudge them and admonish them that they trespasse not against the Lord that wrath come not vpon you and vpon your brethren And behold Amariah the high Preist shall be the chiefe ouer you in all matters of the Lord. 12. From which words we collect thus much concerning ◅he Kings Iurisdiction and the things wherein it consisteth ◅irst the King appointeth and placeth both Temporall and clesi◅sticall Iudges and commandeth and chargeth them so placed to execute their functions faithfully we inferre vpon this command in both alike that hee hath Iurisdiction ouer both causes But here let me remember a trifling obiection which some of our aduersaries haue deuised of late they would distinguish betweene command and Iurisdiction For they deny not but that all sortes of persons are vnder the Kings commaund and gouernment whom he may command each to doe their Office and yet they vtterly deny the Kings Iurisdiction and tell vs that command and Iurisdiction must not be hudled vp together Now let vs consider what hudling is in this when the Kings command and his Iurisdiction are set as things depending and cohaering one to the other When we say the King may command we meane plainely as we speake that the King hath from God lawfull authoritie to command and to punish them that breake his command This is the common vnderstanding of the Kings command But these Romish sophisters when they say the King may command do not vnderstand neither will they acknowledge at any hand that the King hath lawfull authoritie from God to punish the breach of his command for they vtterly deny that the King hath any authoritie to punish a Clarke though he should breake his commandement And call you this a command The King may command and goe without as the saying is This is the deuils sophistry taken vp by men hardned against shame content to stoupe downe to gather vp the meanest and basest shifts to dazell the simple The Iesuites resolue of this as of a truth most soundly concluded in their schooles That the King may not punish Ecclesiasticall persons that the Kings Court may not heare examine and iudge them though they should commit murders adulteries robberies or what other wickednesse soeuer And yet they tell vs that the King may command them Now to say one thing and yet to let the world see that they are resolued in the contrary this sauoreth strongly of the spirit of illusion when reason learning honestie and all faileth yet well fare a bold and hardned face which neuer faileth this generation 13. The truth is if the King haue not lawfull authority to punish he hath not lawfull authoritie to command and punish he cannot vnlesse he hath authority to iudge or cause iudgement to be done so that they who take away from the King power to iudge persons Ecclesiasticall take from him power to punish and consequently power to command but the Doctrine of the Papists this day as shall hereafter appeare in his due place taketh from the king power to iudge per sons Ecclesiastical therefore they rob him of power to punish and to cōmaund for nothing can more strongly take away the Kings command then to deny him power to punish and to iudge And yet they are not ashamed to tell vs that they deny not the kings cōmand but his Iurisdiction Then to leaue these men with their absurd and perplexed contradictions where the King ◅ay command he may iudge and punish the breach of that command and therefore his Iurisdiction appeareth in his lawfull authority and command Then by this charge and commaund of Iehosaph◅ is declared his Iurisdiction in these causes wherein he hath this authority
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
it must be before his Bishoppe if he will accuse the Bishoppe it must be in a prouinciall Synode if he will draw a Metropolitane to answer for some things which he hath done it must be either before the Primate or before the Bishoppe of Constantinople All this we graunt to be orderly established the things intended are matters of Ecclesiasticall Cognisance which are to bee heard in such Courts but our question is of Clerks that are conuinced to be murtherers or Traytors c. Whether such are to bee exempt from triall at Common Law Of which exemptions these auncient Bishops neuer dreamed 76. It is moreouer to be noted that diuers of these places which he citeth as that from Sulpitius of S. Martin and from Ambrose c. are vnderstoode of another thing and not of exemption of Clarkes at all For the auncient Bishops as before I haue declared thought it not lawfull that matters of faith and doctrine should be determined in ciuill Courts by ciuill Magistrates This is true and this is that which those testimonies speake of but what is this to criminous Clarks that Robbers Traytors murtherers of the Clergy should be protected by reason of their Order from triall in Kings Courts this is a doctrine neuer knowne to the auncients It was first knowne in England in the dayes of Henry the second stirred seditiously by Thomas Becket Archbishop of Canterbury when as before that time it was neuer heard of in this land The manner heereof I will briefly recite out of Roger Houeden 77. In the yeare of Christ 1163. the contention concerning exemption of Clerkes grew famous betweene King Henry the second and Thomas Becket Archbishop Rex volebat saith Houeden Presbyteros Diaconos Subdiaconos alios Ecclesiae rectores si comprehensi fuissent in latrocinio vel murdra vel felonia vel iniqua combustione vel in his similibus ducere ad saecularia examina punire sicâ—…t laicum Contra quod Archiepiscopus dicebat quod si Clericus in sacris ordinibus constitutus vel quilibet alius rector Ecclesiae calumniatus fuerit de aliqua re per viros Ecclesiasticos in curia Ecclesiastica debet iudicari Et si conusctus fuerit ordines suos amittere sic alâ—…enatus ab officio beneficio Ecclesiastico si postea forisfecerit secundum voluntatem Regis baliuorum suorum iudicetur That is The King required that Priests Deacons Subdeacons and other Rectors of Churches if they were taken in murther robbery felony burning of houses or such like should be brought to secular Courts and there punished as Lay-men were Against this the Archbishop affirmed that if a Clerke being within holy Orders or any other Parson of a Church were accused of any thing he must be iudged by Ecclesiasticall Iudges in the Ecclesiasticall Court and if he were conuict he should loose his orders And so being excluded from office and benefice Ecclesiasticall if after this he incurred the like fault then might he be iudged at the pleasure of the King and his Officers Thus farre Houeden 78. This manner of degrading and afterward deliuering criminous Clarkes to the Secular power crept in about the time of the Conquest Bellarmine pretending greater antiquity for it can neither bring reason nor testimony for his opinion For whereas he saith Eusebius Bishop of Nicomedia was first deposed by the Nicen Councell and afterward banished by Constantine by this offering to proue that they must first be deliuered to the Secular power before the Magistrate may punish and reproueth Caluin for not considering thus much We answere Bellarmine sheweth his skill in shifting and hiding the truth to deceiue the simple For Caluin in that place which he citeth against this Romish immunitie proueth two things First that coactiue power is in the hand of the Prince and not of the Church Ecclesia cogendi non habet potestatem de ciuili coactione loquor saith he Secondly that criminous Clarkes had no immunities from the ciuill Courts of Princes Now that Bellarmine saith Eusebius was first deposed by the Councell and then banished is nothing against Caluin but for him For the Church did not inflict the coactiue punishment of banishment but the Emperour And Caluin proueth at large in the same place that Kings and Emperours haue no authority to iudge in causes of faith Producing the example of Ambrose who in such a cause resisted the Emperour Valentinian Such a cause was that of Eusebius the Emperour knew not whether he was in fault or not before the Church had iudged the cause But Caluines iudgement and our question standeth in two thinges against which Bellarmine doth not so much as speake one word First that coactiue power was not then in the Church but in the Emperour Secondly that criminous Clerkes were then punished by the Magistrate Eusebius is not there proposed as a criminous Clerke but as an example wherein the coactiue power of the Magistrate appeared But now they say if a Clerke bee proued to be a felon murderer traytor c. the Kings Courts may not censure this man before he be degraded Against these immunities wee speake for which Bellarmine offereth not any proofe Let the manner of Bellarmines answering bee considered for it is easie for him thus to answere Caluin and all Protestants when he toucheth not the point in question but singling out of some peece from the whole wresteth that also from the true intent that he may shape a mis-shapen answere to it Then we say that before those desperate times wherein Iohn Wiclife saith and often affirmeth that Satan was loosed no man claymed such a beastly priuiledge as to be exempt from the Kings Lawes for murder treason and such like Godlinesse reason and the light of Nature seemeth to be extinguished in these men that being contented to take the benefite of Lawes will not be contented to bee ordered by Lawes This hath forced some Princes and States to ordaine Lawes that such should be out of the Kings protection Thus did that noble Prince Edward the third King of England Wherein the King seemed to open the true way to his successors to deale with these men for seeing as then they did so now they doe denie themselues to be the Kings subiects and affirme that neither by Diuine nor humane right they are bound to obey the King with his coactiue Lawes and that they are onely vnder the subiection of the Pope that for no crimes they are to bee examined in the Kings Courts is it not great reason that the protection of the King and of his Lawes should bee denyed to them that reiect both 79. Houeden declareth also that in the yeare one thousand one hundred sixtie foure the King called a Synod and required the Bishops vpon their allegeance to receiue his Graundfathers Lawes to vse and obserue them Thomas Becket answered for him and the rest they would keepe all the Lawes
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
successe for fire shall come downe from God out of heauen and deuoure the enemies Vnto which seruice there is nothing so effectuall to animate the princes of Christendome as is this new and strange claime of the popes Iurisdiction ouer princes which thing because it is so much pursued by the Popes and their flatterers and onely by them as the great marke whereunto they addresse all their attempts and the very summe of all their Religion therfore I haue endeuoured to open the whole to distinguish the parts and to set this question in such a light as I could if not to satisfie all yet at least to giue an occasion to the iudicious I was desirous to leaue no part vntouched that all might come to a triall and am ready also withall to bring my selfe to the triall willing to learne and to amend any error after that it shall be manifested by the truth to bee an errour for which cause I submit all to the iudicious and godly censure of the Church My care was also after my seruice to God to performe herein a true seruice to his Maiesty by opening the Iurisdiction of Kings which I haue done not as they vse to doe who serue the Pope respecting no other rules of that seruice then his pleasure and their adulation but I haue disputed the Kings right with a good conscience from the rules of Gods word knowing that the noble disposition of his Maiesty will admit of no seruice whereby God or the truth is preiudiced All which as I commend to your Graces fauour and protection to whom God hath committed the care of his Church here so with my hearty prayers I commend your Grace to the faâ—…our and protection of God who inrich your heart with his plentifull graces that as for your proper comfort and direction you may enioy them so you may vse them to the glory of God and the comfort of his Church through Iesus Christ. Your Graces to be commanded in all duety GEORGE CARLETON An Admonition to the Reader IT may bee thought strange that so many are found to write in this contradicting age one contrary to another the trueth cannot bee on both sides and therefore there is a great fault on the one side the Reader that is desirous to trie where the fault is may be intreated to marke with aduised obseruation some things wherein our aduersaries wanting either knowledge or sinceritie haue broken all the rules of right writing to deceiue such as cannot iudge of which sort the greatest part consisteth I doe therefore intreat the Readers especially such as reade my Booke with a purpose to answere it to consider these things wherein we challeng our aduersaries for euil dealing in this particular Controuersie First In setting downe our opinion they make it not that which we hold but another thing and then make large discourses in vaine they should vnderstand our cause as we deliuer it for we deuise not their opinion but take it out of their owne bookes especially from the Popes Canons Secondly when they would refute vs they bring their owne Canon law which was deuised in preiudice of the freedome of Princes and is our aduersarie and therefore cannot bee our Iudge Thirdly When they produce the testimonies of ancient fathers the abuse for which we challenge them is that they will not vnderstand the question for the fathers write for the spirituall Iurisdiction of the Church aboue Princes which thing we neuer denied But against the coactiue Iurisdiction of Prinees in matters Ecclesiasticall which thing we hold the Fathers neuer wâ—…ote but they are for it If these things were faithfully obserued as they are all peruerted in this cause by one that termeth himself the Catholick Diuine and if the truth were sought with conscience and not preiudice maintained with resolution men would neuer presume so much vpon the simplicitie of the Readers nor in the confidence of their wit and learning would they suffer themselues to be set to the maintenance of any cause whatsoeuer Let me farther intreate him that would aunswere me to enter into this short and serious meditation with himselfe thus Either my purpose is to serue God for the truth and then I may looke for a blessing vpon my labours or else to serue man though against the truth and then I may looke for a curse vpon my selfe and my labours let this Meditation rule thy pen and heart I aske no more Last of all let me intreate thee of curtesie to amend the faults escaped in printing with thy pen thus P. 2. Lin. 10. Or some others superfluous p. 13. l. 2. as superfluous p. 14. l. 29 for more read meer p. 22. l. 28. the superfluous p. 30. l. 15 for teached r. touched p. 52. marg r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 73. l. 28 r. against the infringers of the priuiledges of the Sea Apostolick p. 85. l. 19. therto superfluous p. 98. l. 27. full superfluous p. 105. l. 8. r. M. Luther p. 107. l. 2. r. M. Luther p. 108. l. 16. r. M. Bucer p. 108. l. 20. r. M. Antonius Flam. p. 109. l. 10. r. M. Chemnicius p. 195. l. 19. Deposed by Pope Stephen r. deposed or his deposition allowed by the consent of Pope Stephen p. 198. l. 4. for the Bishops r. some Bishops p. 211. l. 11. for opportunelyr opportunity p. 228. l. r2 some report the poyson to haue beene giuen in the bread and some in the cup. p. 229. l. 31. for great r. greatest p. 234 l. 15. for Frederic r. Lodouic p. 234. l. 22. for Rhenes r. Rense p. 234. l. 27. for Rhenes r. Rense p. 236. l 19. generall superfluous p. 250. l. 28. r. adhaerentium adhaerere volentium p. 262. l. 21. for ver r. viri p. 272. l. 18. for chusing r. choosen p. 272. l. 22. for to r. in p. 279. l. 30. no supeâ—…fluous p. 294. l. 16. for cultus r. cultu OF THE IVRISDICTION OF PRINCES IN Causes and ouer Persons Ecclesiasticall CHAP. I. The state of the Question THe lawfull authoritie and Iurisdiction of Kings in matters Ecclesiasticall is now and hath beene for some ages heeretofore much impugned by such who by vsurpation hauing incroached vpon the right of Kings seeke by all subtill and colourable deuises to maintaine that by skill and some shew of learning which they haue gotten by fraud All this mischiefe proceedeth from the Bishop of Rome who vsurping powre and taking to himselfe that honour whereunto God hath not called him hath brought all authoritie Ecclesiasticall and Ciuill into great confusion by vsurping the right both of the Church and of States Now our desire being to open the truth and to declare the lawfull right of Princes and power of the Church it seemeth needfull first to set downe what power is giuen to the Pope by them that flatter him so shall the right of the King and of the Church better appeare 2 They yeeld to the Pope a fulnesse of power as they
Iurisdiction 6. From this consideration of persons and causes arise two great questions First concerning the exemption of all causes Ecclesiasticall from the Kings Iurisdiction secondly concerning the exemption of Ecclesiasticall persons from temporall audience and iudicature For the better vnderstanding hereof we may proceede by some distinctions for when our aduersaries teach that the Pope is the head of the Church and we that the King is the supreame gouernor of the Church though in some sound of wordes these things seeme not much to differ yet in truth there is great difference betweene their meaning and ours For they calling the Pope the head to distinguish him from Christ whom the Apostle calleth the head of the Church say that the Pope is the ministeriall head which deuise was first brought in by the Schoolemen for among the auncients it was not knowne but all that speake of the head of the Church before acknowledge none but Christ. Concerning this deuise of the ministeriall head we say with the ancient Fathers that the Catholike Church is but one and hath one head Christ Iesus because to one bodie there can bee but one head from whom grace is infused to the whole body This Catholike Church is as that head is both perfectly known to God not to man this then is but one in all times and places But the visible Churches or particular are many at many times in many places and therefore must haue heads or gouernours aunswerable to themselues for many Churches many gouernours These are either Spirituall gouernours or Temporall The spirituall gouernment of the Church is committed to spirituall gouernours as first from Christ to his twelue Apostles of whom none was aboue the rest in this spirituall gouernment or kingdome of Christ as the Lord doth often expresly declare to them from them to Bishops and Pastors their successors Temporall gouernours are such as haue the custody of externall coactiue Iurisdiction both in Temporall and Ecclesiasticall causes for the power of the Church with all her spirituall Iurisdiction neuer reached to coaction This was by God first giuen to Magistrates and neuer reuoked in all times practised but when the Church and Kings were oppressed by the great power of Antichrist When wee call the King the supreame gouernour of the Church our meaning is that hee is appointed by God to be a Father and preseruer of religion a keeper of Ecclesiasticall discipline and as the Prophet Isaiah calleth him a nourcing father of the Church he is the soueraigne in all affaires of coactiue Iurisdiction Likewise this word Church is not taken in the same sense by them and vs for our aduersaries saying that the Pope is the head of the Church vnderstand thereby the. Catholike Church spread ouer the whole world but we vnderstand a particular Church yeelding the King to bee gouernour next and immediatly vnder God of his own dominions and consequently of persons and causes within his owne dominions so that there is much difference betweene their meaning and ours Then we must come to such an issue wherein without equiuocating the question betweene vs is set for wee shall otherwise run into that fault which is so rife with the Popes Clarks that Bellarmine himselfe confesseth it Notandum est saith he multos ex nostris tempus terere dum probant quod Caluinus caeteri haeretici concedunt This is most common among them to bee large in disputing that which is not in question betweene vs and it is a signe of some ingenuitie to confesse it but neither doth himselfe for all his confession auoid it neither doe they that write since and depend vpon his learning shunne it after so faire warning neither in truth can a false cause be maintained in so many bookes and large volumes as now they set out vnlesse they tooke this libertie to themselues to be large in disputing things which are not in question The question then is concerning the lawfull authoritie of Kings in their owne dominions touching this part of Iurisdiction which is called Ecclesiasticall coactiue Iurisdiction 7. For better proceeding let the distinction be remembred which is vsually receiued of Ecclesiasticall power for all power Ecclesiasticall is commonly deuided into power of order and of Iurisdiction The power of order by all writers that I could see euen of the Church of Rome is vnderstood to be immediatly from Christ giuen to all Bishops and Priests alike by their consecration wherein the Pope hath no priuiledge aboue other Thus teach Bonauentuâ—…e in 4. sent d. 17. q 1. August Triumphus lib. de potest eccles qu. 1. ar 1. Ioh. Gerson li. de potest eccles consid 1. Cardinal Cusanus lib. de cathol concord 2. cap. 13. Cardinal Contarenus tract de eccles potest pontificis Bellarm. lib. 4. de Rom. Pont. cap. 22. This then being the common confession of all that the Pope hath no more power herein then any other Bishop or Pastor we moue no contradiction in this As they confesse that in this power the Pope hath no praeeminence but that it is giuen from Christto all Bishops and pastors equally so wee confesse that in this power the prince hath no part and that Bishops and pastors haue this power onely from the diuine ordinance and not from earthly princes then our question is onely of the power of Iurisdiction 8. This power of Iurisdiction is diuersly vnderstood by the writers of the Church of Rome Augustinus Triumphus doth deliuer it thus The power of Iurisdiction is Temporall or Spirituall and this power considered in generall is threefold immediate deriued or giuen to execute some seruice the power of Iurisdiction immediate of all things Spirituall and Temporall is onely in the Pope The power of Iurisdiction deriued is in Bishops to them deriued from the Pope the power of Temporall Iurisdiction giuen to execute some seruice for the helpe of the Church is in Emperours Kings and secular princes this power is not immediat from God but is giuen first to the Pope and so to Kings for the vse of the Church and â—…elpe of Pope and Prelates I haue deliuered this in the â—…ery words of Triumphus whom in this thing others followe though of late some of the finer Iesuits who hold the same are growen more cunning in the manner of deliuering it Bellarmine loath to leaue the opinion and ashamed so grossely to propose it deuiseth a mollification of it thus Asserimus Pontiâ—…icem vt pontiâ—…icem et si non habeat vllam meré temporalem potestatem tamen habere in ordine ad spirituale bonum summam potestatem disponendi de temporalibus rebus omnium Christianorum That is We auer that the Pope albeit he hath not any power merely Temporall as Pope yet hath power supreame in respect of Spirituall good to dispose of all the Temporalties of all Christians And in the next Chapter concludeth that the Pope hath authoritie to depose hereticall kings and princes
to command for otherwise the Kings command is but as the word of a priuat man or of a child if he haue not power to iudge and punish 14. Moreouer whereas Iehosaphat commandeth the Priests and Leuites to iudge betweene blood and blood Law and precepts statutes and iudgements In things that concerned questions of blood as when blood was shed by casualtie in which case the party offending had remedy by sanctuary and the high Priest was the immediat iudge as also in matters concerning lawes precepts â—…tutes iudgements that is ordinances ceremoniall or morall In these things stood the Ecclesiasticall Iurisdiction which then was practised in the Church for to take that distinction which we must often remember in this question it is confessed that all Ecclesiasticall power is either of order or Iurisdiction In both which the King hath a part bâ—…t differently In the power of orders the Kings part and office was to see that things of that nature were orderly done and the breach thereof punished but himselfe was not to execute any thing whereunto the Priests were apointed by the power of their orders as to offer incense c. Wherefore Vzziah was smitten with leprosie for medling with that part of the Priests office Now Iurisdiction is diuided into power internall which as often wee haue said belongeth not to the King and power externall which power externall when it is coactiue is nothing but that which wee call the Kings Iurisdiction though it be in matters Ecclesiastical And this Iurisdiction is here testified to be in Iehosaphat and from him deriued to all to all iudges vnder him both Temporall and Ecclesiasticall For as he commaunded the Temporall iudges so in like sort he commaunded the Ecclesiasticall And as the Ecclesiasticall iudges might replie if they had bene such as now these are of the Romane Clergie that Ecclesiasticall iudgements were holy and the cause of God and not of the King so doth the King witnesse of Temporall iudgements for speaking to Temporall iudges he saith you execute not the iudgements of man but of the Lord. Then Temporall iudgements are the Lords cause aswell as Ecclesiasticall and herein they differ not 15. Now this Iurisdiction which is in coactiue power wee prooue to be in the King and onely in the King I speake according to the forme of the state of Israel in those dayes wherof we now speake aunswerable to which is the Soueraigne magistrate in any other state This right I say we prooue to bee onely in the King and from him deriued to other iudges both Temporall and Spirituall by these reasons first the King and onely the King commaundeth both iudges to doe their duties in their seuerall places and hath lawfull power to punish them if they doe otherwise therfore the Kings Iurisdiction coactiue is ouer both sorts alike The antecedent hath two parts the first drawen from the expresse words of the Scripture in this text the second followeth by a necessitie For the commaund of a King is ridiculous and no commaund vnlesse he haue authoritie to punish The consequence followeth by the very definition of Iurisdiction which will prooue the second part of the antecedent For this Iurisdiction for which we plead is defined by the most learned of the Church of Rome authority coactiue If it be authoritie it may command if coactiue it may punish then it followeth that where Iehosaphat had first authoritie to commaund and last to punish that questionlesse hee had this Soueraigne Iurisdiction 16. If against this any obiect that the King may command in matters of orders of preaching the Word administring the Sacraments c. In all these things the King may lawfully command the parties to doe their duties and may punish them if they doe otherwise and yet no man will put the Kings Iurisdiction in these matters of orders Preaching Sacraments c. For aunswere let me intreat the reader with attention to consider these three things First to commaund secondly to execute thirdly to punish Iurisdiction standeth wholly in the first and last and nothing at all in the second that is in authoritie and not in action So that though the King should execute a thing which belongeth to his office yet in the execution therof his Iurisdiction should not appeare howsoeuer his wisedome knowledge and actiue vertues might appeare therein for Iurisdiction is in the authoritie of commaunding and power of punishing and supereminence that riseth from both And therefore in the preaching of the Word administration of Sacraments the King hath no part because therein Iurisdiction standeth not these things being matters of execution not of commaund but the authoritie to commaund these things by making or vrging lawes for them and to punish the transgression by corporall punishments this because it includeth coactiue power is in the Soueraigne Magistrate onely If the Magistrate should either neglect his dutie as the heathen did or commaund false doctrines to be preached as the Arian Emperours did in this case the Church hath warrant to maintaine the truth but without tumults and rebellion and rather in patience to loose their liues then to forgo any part of the truth 17. Another reason to prooue this Soueraigne authoritie coactiue to be only in the King and from him respectiuely deriued to both sorts of iudges may thus bee drawen For the iudges Temporall there is not so much question made all the doubt is of iudges Ecclesiasticall the chiefe of which iudges Ecclesiasticall in the Church of Israel was the high Priest Then this Iurisdiction whereof we speake must be confessed to haue been principally and originally either in the king or in the high Priest but in the high Priest it was not Therefore in the King it must be That it was not in the high Priest we proue by these reasons The high Priest is commaunded corrected punished and deposed by the King and not the King by the Priest therefore the Soueraigne Iurisdiction is not in the high Priest but in the King Againe the high Priests did neuer practise coactiue authoritie vnlesse when they were Soueraigne Magistrates as sometimes the high Priests in Israel were but as high Priestâ—… they had no such power for the causes betweene blood and blood which were of their cognisance are by the interpreters vnderdood such cases wherein a man was killed by chaunce without the purpose or against the will of the offender in which case the high Priest might graunt him the prâ—…uiledge of sanctuary and so deliuer him from the auenger of blood but he had no power coactiue to inflict death or such punishments at his pleasure which trueth was so constantly receiued and preserued in the Church afterward that euen in the greatest power highest ruffe of Poperie the Church of Rome did not take this full â—…oactiue power but onely proceeded to degradation and then to deliuer men vp to the secular powers which was a â—…ecret confession that they had no right to
not be extended to these practises What can be denied heere For neither can they denie but that the censures of the Church should bee of greatest power there where they were first instituted neither can they denie that excommunication was first instituted in that Church of the Iewes neither can they shew vs that any King of that Nation was at any time deposed for pretended heresie or for knowne and professed idolatry though the Kings there were often great idolaters though the Priests were bolde and couragious in Gods cause yet we neuer finde that any Priest did by excommunication depose the King or destroy the bond of allegeance This thing then being neither practised by the Iewes where these censures were in first and chiefe force nor by Christ and his Apostles nor by the Fathers of the Primitiue Church nor known in the Church for the space of almost a thousand yeares as hereafter wee shall declare wee haue great reason to conclude that excommunication as it is an Ecclesiasticall censure hath no power coactine to alter any temporall authority to depose Kings to destroy and dissolue allegeance or to trouble any lawfull authority established in this world 18 This will no lesse appeare if wee consider the power which the Church hath alwaies practised for coactiue power was a thing which the Chnrch yeelded alwayes to the â—…iuill Magistrate And if the Bishops of Rome did sometimes breake out beyond their bounds yet were they in those ancient times alwayes repressed by the authority of the Church For that we may take a short suruay of the Iurisdiction of the Church during the first three hundred yeres so long as the Apostles liued no man doubteth but that they ruled all and that the greatest Iurisdiction of the Church was in them if we speake of spirituall Iurisdiction And if any one Apostle liued after the rest there was more power acknowledged to be in him then in any one that liued in the Church in his time Now it is for an assured historicall truth recorded by Eusebius and before him by Irenaeus whom the full consent of the auncients follow heerein that S. Iohn liued after all the other Apostles were dead that he continued in the gouernment of the Church vntill the times of Traian Emperour In which time the Bishops of Rome after Peter are recorded to be these Linus Anacletus Clemens Eâ—…aristus Alexander If the Bishop of Rome had then been the head of the Church the chiefe Pastor the Monarch the fountaine of all Iurisdiction as his flatterers now make him it must be confessed that Alexander in his time and Euaristus before him was S. Iohns head and before him Clemens and before him Anaclet and before him Linus Did these rule and gouerne S. Iohn or S. Iohn them shall we say that they had Iurisdiction ouer S. Iohn or S. Iohn ouer them If these Bishops each in his time had Iurisdiction ouer S. Iohn then there was an authority in the Church aboue the authority of the Apostles If they were gouerned by him then the Bishop of Rome was not the head of the Church There is no sober spirit that can doubt of these things or can thinke that in those dayes any liued in the Church who was not vnder the Iurisdiction of an Apostle 19 After Saint Iohns death who was liuing in the yeare of Christ 100. and after in the Church of Rome were Sixtus Telesphorus Hyginus Pius Anicetus Soter Eleutherius Victor These gouerned the Church of Rome in succession by the space of one hundred yeares together In which times they seemed willing to put to their helping hands to aduance the Church of Rome For Sathan hauing a purpose thence to raise Antichrist began betime to worke and to abuse those good men as it was not hard for him to beguile better men then they were though we admit them to be good men and holy Martyres Then were they drawne into a loue to aduance their seate and Iurisdiction yet so as neither in them is proued pernicious neither was it thought by the church to be very dangerous seeing they yeelded and submitted themselues in the end to the graue and godly aduise of the Church 20 The things wherein the Bishops of Rome sought first to aduance their power was by imposing ceremonies vpon other Churches Thus did Anicet contend for the celebration of Easter but was quieted by Polycarp who for the peace of the Church made a iourney to Rome and pacified Anicetus And was so much honoured of Anicetus that there he practised the function of a Bishop as Eusebius reporteth taking the storie from Irenaeus Thus was peace and loue then maintained on all sides whilest the Bishops of Rome were content to be ruled by others 21 A little after Victor grewe more violent in the fame quarrell and excommunicated the Easterne Churches which did not obserue Easter after the maner of the Church of Rome But Uictor was resisted and sharply reproued by Polycrates Bishop of Ephesus and the rost of the Easterne Bishops as also by Irenaeus Bishop of Lions in Fraunce These did freely reproue Victor for that he regarded not the peace of the Church they declare that in ceremonies there was great difference of olde and yet the Bishops liued in loue and peace together that the differences in ceremonies did not breake the consent in faith that these differences were before the time of Victor and that hee was therein to followe the examples of his auncients who preserued loue and peace and the doctrines of faith sincere with some diuersity in outward ceremonies This was all that the Bishops of Rome attempted in those dayes wherein there appeareth no Iurisdiction ouer others but rather the contrary For the godly Bishops of Asia reproued them and made them see and acknowledge their owne rashnesse and caused them to desist therefore the Church did not then acknowledge the Popes Iurisdiction 22 Betweene Victor and Syluester the first succeeded 18. Bishops of Rome in the space of 100 yeares next In which time there was no great attempt made for superiority or Iurisdiction onely the Bishops of other Churches did honour the Bishop of Rome following the Apostles rule In giuing honor goe one before another Which honour if they could haue remembred as well to giue to others as they did to receiue from others there could haue risen no question of Iurisdiction but that which began in loue and courtesie was afterward drawne to Iurisdiction We denie not but some of the auncients haue yeelded to S. Peter a Priority among the rest of the Apostles because of his great zeale and loue to Christ and to his trueth and for his excellent vertâ—…es and to the Bishops of Rome wee finde likewise that the auncients yeelded great and honourable titles but this was in respect of their vertue learning and integrity For the auncients knewe no other rule of fauouring men but vertue he was in the Church most honourable and
to seeke the fauour of Cornelius who without examination of the cause receiued them to the Communion Of which thing Cyprian complaineth much they saile to Rome saith he cum merce mendaciorum Against this hee declareth that it was ordained that neither the Bishop of Rome nor any straunger should be iudge of the causes of their Church And to Cornelius he writeth thus Quum statutum sit ab omnibus aquum sit pariter ac iustum vt vniuscuiusque causa illic audiatur vbi est crimen admissum singulis pastoribus portio gregis sit ascripta quam regat vnusquisque gubernet c. Opoâ—…tet vtiqueâ—…os quibus praesumus non circumcursare episcoporum concordiam cohaerentem sua subdola fallaci temeritate collidere sed agere illic causam vbi accusatores habere testes sui criminis possunt That is Seeing it is decreed by all and it is a thing both equall and iust that euery mans cause should be heard there where the crime was committed and a part of the flocke is appointed to each Pastor which each in seuerall must rule and guide c Verily it behooueth that they whom we gouerne should not gad and run about to others nor by their crafty and fallatious rashnesse breake in sunder the coherent concord of Bishops but there ought they to plead their cause where they may haue accusers and witnesses of their crime 26. Thus albeit the Bishops of Rome did seeke some inlarging of their authoritie sometimes by giuing countenance and patronage to criminous and scandalous men yet they were repressed and brought into order by the godly and learned Bishops that then liued in the Church Who would not suffer the priuiledges of the Church to be lost or any title of Iurisdiction to grow where there was no right Thus for the first three hundred yeeres the Church of Rome had no Iurisdiction ouer other Churches but the Bishops there were reuerenced by other partly for their wisedome learning and godlinesse partly because the Emperours fauoured them aboue other and because they were Bishops of the chiefe citie and seat of the Empire For as they had some fauour aboue the rest with heathen Emperours so they found much more fauour from Christian Emperours which thing caused them to be regarded by other Bishops but no Iurisdiction was as yet acknowledged CHAP. V. Of the estate and Iurisdiction of the Church from the end of the first three hundred yeeres vntill the yeere of Christ sixe hundred Wherein is declared that coactiue power was in the Christian Emperors from whom the Church receiued some parts of coactiue Iurisdiction The Popes began to seeke Iurisdiction by forgerie NOwe let vs consider the times that followed when the Church had peace from persecution and found the fauour of Christian Emperours In which time no Iurisdiction will be found in the Church of Rome aboue other and all coactiue Iurisdiction was acknowledged without question to bee in the Christian Emperours from whom the Church receiued some part thereof 2. Constantine who did as much honour the Church and was as much honoured of the Church as euer any Christian Emperour leauing therein an example which standeth as yet alone without a match did notwithstanding take all that to himselfe which is now called Ecclesiasticall Iurisdiction coactiue without any let or contradiction nay by the generall approbation of all that then liued When Caecilianus Bishop of Carthage was accused by Donatus and some other of that faction for deliuering the holy Scriptures to the enemies of Religion to be burned Constantine commaunded Caecilianus to come to Rome with a certaine number of Bishops which accused him and other that might heare and vnderstand the cause And commaunded the Bishop of Rome then Milciades with certaine Bishops of Fraunce to the number saith Optatus of nineteene to heare and end the matter the Bishops condemned Donaâ—…us who appealed from the sentence and albeit the Emperour was much offended at his appellation yet hee could not choose but receiue it In all this processe the Emperours Soueraigne Iurisdiction appeared the cause was a pretended crime of a Bishop the Emperour appointeth iudges and receiued the appellation which things declared Iurisdiction 3. Likewise after he had banished Eusebius Bishop of Nicomedia and Theognis Bishop of Nice he wrote an Epistle to the people of Nicomedia declaring the iust causes of their banishment and signifieth that his especiall pleasure and desire is to haue Bishops castos orthodoâ—…os humanos and shutting vp his speech he saith Quoasi quis audacter inconsulteque ad memoriam pestium illarum exarserit illius statim audaeia ministri dei hoc est mea exequutione coercebitur Where we see Constantine vseth coactiue Iurisdiction ouer Bishops he punisheth them he declareth the true ground of his Iurisdiction from the word of God by which warrant he is placed the Minister of God This is that coactiue Iurisdiction ouer Ecclesiasticall persons which did alwayes belong to the Soueraigne Magistrate and was neuer by God giuen to any other 4. It was alwayes held by all sober writers of the Church of Rome as hereafter shall be further declared that in the Church there is no power aboue the power of a Councell And yet this authoritie of a Councell so much and so worthily reuerenced could not restraine Constantine but he vpon good and iust causes brought the rash proceedings of some Councels to a newe examination For when Athanasius was wronged by a Councell of Arians he complained to Constantine The Emperour sent for all the Bishops of that Councell to render an accompt of their proceedings before him which declareth that his Iurisdiction coactiue was aboue the power coactiue of the Councell For heere we consider onely Iurisdiction coactiue and not the matter or subiect for otherwise wee acknowledge as before is declared that the determinations of generall Councels are matters of an higher truth and authoritie then the Statutes or decrees of any Emperour But wee speake heere of that Soueraigne Iurisdiction coactiue which hath alwayes appeared in the power of the ciuill Magistrate and wherein the Church had no more part then that she receiued from the liberalitie of godly Emperours for as Kings receiue the knowledge of faith and Religion from the Church and not the Church from Kings so coactiue Iurisdiction the Church receiueth from Kings and not Kings from the Church 5. There was no Councell held in Constantines time whether of Orthodoxe or heretikes but either by the expresse commaundement or license of the Emperour Ruffinus saith he called the Councel of Nice at the request of the Bishops Ex sacer dotum sententia apud vrbem Nicaeam concilium Episcopale conuocat Epiphanius saith that Councell was obtained of the Emperour at the suit of Alexander Bishop of Alexandria So the Bishops who then liued in the Church held it to be of the Emperours right and Iurisdiction to call Councels
conclude directly against the Emperours purposes Thus doth Socrates report the calling of that councell but Sozomen saith it was not obtained of Valens but of Valentinian 9. Besides these publique and generall Synods there were also some more priuate and particular in calling whereof the Bishops had power The Bishop of the Diocesse vsed to call a Synod of his Clergy but could proceed no farther Prouinciall Synodes were called by Metropolitanes but in a generall Synod of many Nations the Emperour had alwayes the right of calling it as a King hath the onely right of calling a Synod of those Nations that are vnder his gouernment For as the counsell of Nice was called by Constantine so were all the counsels of these next three hundred yeares called by the Emperours that gouerned at such times Theodosius gathered the councell of Constantinople against the heresie of Macedonius in the third yeare of his raigne which was the yeare of Christ 383. saith Prosper The councell of Ephesus against Nestorius was gathered by the authority of Theodosius the younger and the fourth generall councell at Chalcedon by the authority of Martianus and Valentinianus Emperours Leo the first was a great man in these affaires and hee is the fittest to certifie vs of the truth against whose witnesse our aduersaries haue no reason to except This Pope then writing to the Emperour Theodosius saith Pietas vestra apud Ephesum constituit Synodale concilium And afterward declaring his obedience and conformity thereto saith Meum studium commodaui vt Clementiae vestrae studijs pareatur And againe Ne autem pijssimi Principis dispositioni nostra videatur praesentia defuisse fratres meos misi c. he hath the same also Epist. 23. ad Theodosium Againe hee writeth to Pulcheria to moue the Emperour to command a councell to be holden within Italy declaring that he wrote to the Emperour to intreat the same Which thing hee moueth also in other Epistles And though he much desired this that the Emperour would haue beene intreated to hold a councell within Italy yet could he not obtaine it and therefore was ready to obey the Emperour attending his pleasure therein who appointed it in another place 10 Which thing we obserue the rather because our aduersaries oflate haue yeelded this as a proper right to the Pope to call councels Catholici munus conâ—…andi concilia generalia saith Bellarmine ad Romanum pontificem propriè pertinere volunt And when they are driuen by these open and euident testimonies they shift it thus as to say another may doe it by the Popes consent but if the Pope neither appoint the place nor no other by his commaundement or consent then it is no councell but a conciliable These bee vaine and friuolous shifts of Friars For it is true that the Popes consent was to these auncient councels but no otherwise then as the consent of all other Bishops They consented because they could not chuse because they were resolued to be obedient but they could not appoint either place or time For Leo could not haue it where hee would but it was where and when the Emperour appointed 11 Before the councell of Chalcedon there is the Writ of the Emperours Valentinian and Martian called Sacra to call Bishops to Nicaea But another Sacra is sent to reuoke that and to call them to Chalcedon So that all this while the Emperors rule as those that haue Ecclesiasticall Iurisdiction They call councels they punish offenders of the Clergy they establish Ecclesiasticall Courts they are acknowledged the nourcing Fathers of Religion the keepers and preseruers of both Tables and of the discipline of the Church And therefore Leo writing to Constantinus Emperour who called the sixt Synod saith thus Cognouimus quod sancta vniuersalis maxima sexta Synodus quae per Dei gratiam imperiali decreto in regia vrbe congregata est c Wee know that the holy and vniuersall great sixt Synod which by the grace of God is called and gathered by the imperiall decree in the imperiall City c. And a little after Pietas vestra fructus misericordiae potestas custos disciplinae Your godlinesse is the fruit of Gods mercy your power is the keeper of discipline And againe Nec enim minor regnantium cura est praua corrigere quam de aduersarijs triumphare quia einimirum potestatem suam seruiendo subijciunt cuius munere imperare noscuntur c. Vnde diuinitus praordinata vestra Christianissima pietas c. Caput Ecclesia Dominum Iesum Christum veram pietatis regulam amplectendo c. For Gouernours ought to haue no lesse care to correct vngodly things then to triumph ouer their aduersaries for they submit their power to his seruice by whofe power they are knowne to rule c. Therefore your most Christian zeale preordained of God c. acknowledging our Lord Iesus Christ the true rule of godlinesse to bee the head of the Church Wherein the Bishop of Rome doth acknowledge first that the generall councell is to be called onely by the authority of the Emperour imperiali decreto Secondly that the Emperours power is such a power as is custos disciplinae Hee speaketh here in an Ecclesiasticall cause and of Ecclesiasticall affaires Now that power which is custos disciplinae Ecclesiae what is it but Ecclesiasticall Iurisdiction This word Iurisdiction was not then worne in such vse as now it is but we see the auncients vse words counteruailing it The Bishop of Rome acknowledgeth Ecclesiasticall power and Iurisdiction to be in the Emperour when hee yeeldeth him such a power as is preseruer of the discipline Ecclesiasticall Thirdly he confesseth that the care of the Church Church-gouernment for establishing the truth doth no lesse belong to the office of a Prince then to triumph ouer his foes in warre Fourthly the Bishop of Rome as then acknowledgeth no other head of the Church then Iesus Christ as appeareth by his words To the same purpose Saint Augustine saith Diuinitus praecipi regibus vt in regno suo bona iubeant mala prohibeant non solum quae pertinent ad humanam societatem verum etiam quae ad diuinam religionem Contra Crescentium li. 3. cap. 51. That is Kings are commaunded to estalish good things and prohibite euill in their Kingdomes not onely in things belonging to Ciuill societie but in such things also that belong to diuine Religion Gregorie the great following the footsteppes of his Fathers yeeldeth the fame authoritie to the King For writing to Theodoricus King of France he saith Iterata vos per vestram mercedem adhortatione pulsamus vt congregari Synodum iubeatis This part of Iurisdiction for calling of Councels is so fully confirmed to be the Emperours right by the Aunceants that Cardinall Cusanus sure no Lutheran disputing of this priuiledge concludeth from the confessed testimonies of the Aunceants these two things First That Emperours
Now this is the crueltie of our Lord the King that is so much spoken of through the world against the Church this is that persecution that he raiseth Then it is an auncient complaint of these Romish Catholickes to call the iust lawfull godly and necessary execution of iustice crueltie and persecution this complaint hath beene euer since continued by them and most of all where there is least cause euen in the milde and mercifull gouernement of the late Queene of famous memory What crueltie did they impute to her What persecution to her Gouernement When they are not able to proue that one man was executed for Religion but for treason Which was so much the more dangerous because it was masked with the visard of Religion but Religion is not nor euer was the cause why our Kings punished the Popes Clerkes but onely Iurisdiction For when the Pope will stretch his Iurisdiction so farre as to include coactiue power and to exclude Kings from the gouernement of their Subiects drawing the Clergie from the obedience of their Kings to the obedience and subiection of the Pope drawing the subiects of other Kings vnder his subiection by an Oath of Allegiance and hereupon perswading al that will hearken to him that they may not yeelde an Oath of Alleageance to their owne Princes the Popes Iurisdiction being drawne to these points as now by the confession of themselues they are the question betweene the Pope and Christian Princes is not of Religion but of Iurisdiction of ciuill and coactiue Iurisdiction and the summe of all is this Whether the Princes of Christendome shall be free Princes or the Popes Vassals 82. By this which we haue declared we see the cause of our Kings iustified against the Archbishoppe and the exemption of Clerkes for which the Archbishoppe stroue and which since that time is claimed to be an especiall priuilege of that Church to be condemned by the chiefe of the Clergy by all the Bishops of that Prouince and that euen to the Pope himselfe Which thing the Bishoppes of the English Church would neuer haue done vnlesse they had beene well assured that the Kings cause was good and that the contrary opinion was a pernicious nouelty a late vpstart deuice in the Church But howsoeuer the Popes Clerkes pretended their new forged priuiledges yet the Kings of this land held still their olde course in the auncient manner of execution of iustice against them that offended And therefore Henry the second by law commaunded as Houeden saith that the Bishoppes of London and Norwich should be summoned that they might be before the Kings Iustices to answere for that they against the statutes of the kingdome did interdict the land of the Earle Hugh 83. This exemption of Clarks was a new practise in the time of Marsilius of Padua and not so new as pestiferous occasioning the ruine of States and being as a furie sent abroad from hell to disorder all gouernment For thus he complaineth of it Quibus non contenti sed saecularium contra Christi Apostolorum praeceptum appetentes fastigia in legum Lationes seorsum ab ijs quae Ciuium vniuersitatis sunt proruperuut Omnem clerum ab his decernentes exemptum ciuile sâ—…hisma principatuum supremoruÌ„ pluralitatâ—…m inducentes ex ipsis c. Haec pestilentiae Italici regni radix est origo ex qua cuncta scandala germinauerunt prodeunt qua stante nunquaÌ„ ciuiles ibidem cessabunt discordiae c. That is Not content herewith they the Popes seeking the honour of secular gouernement against the commandement of Christ and his Apostles haue taken vpon them the ordaining of Lawes and Canons other then such as serue for the common good They decree that all the Clergie are exempt from temporall Princes heereby inducing a pluralitie of Soueraignties c. This is the roote and spring of the pestilence of the Empire from whence all scandals grow and which standing ciuill discord shall neuer haue an end c. Thus were these exemptions then found and acknowledged to be the pestilence and ruine of all states especially of the Empire And his reason is well to be obserued because saith he it bringeth in Pluralitatem supremorum principatuum quam velut impossibilem humanae quieti demonstrauimus he proueth the plurality of Soueraignty a thing impossible to stand with the quiet and peaceable Gouernement of the world Now this exemption must eyther induce a plurality of Soueraignties when the Pope is one Soueraigne and the Prince another which is impossible in nature saith Marsilius or else it denieth the Kings Soueraignty to establish the Popes which thing can neuer bee indured by any Prince §. VI. Of the Popes power in giuing lawes 84. ANother thing whereby this new Iurisdiction of the Pope was so highly aduanced was giuing of Lawes to Princes and their subiects whereas before Princes had giuen lawes to him Marsilius in the wordes last cyted in the end of the last Paragraffe speaking of these laws saith They now break out into a practise of Iurisdiction taking vpon them to make lawes separat and distinct from such lawes as are for the common and publique good of all meaning the Canon lawes which because they intend onely the priuate aduancement of the Pope and not the publique good of the Church being also made onely by the authority of the Pope and not by the publique consent of the Church therefore he doth not account them lawes but Oligarchicall and tyrannicall Decrees these lawes are to be considered because they make so great a shew of the Popes Iurisdiction 85. The Church before was gouerned by Bishoppes and Metropolitanes in such order that the affaires of euery particular Diocesse were ordered by the Bishoppe or by a Synode of his calling the affaires of the Prouince were determined by the Metropolitane or by a Prouinciall Synode of his calling from an Episcopall Synode a man might appeale to a prouinciall Synode and from a Prouinciall Synode to a nationall but from a prouinciall or from a nationall Synode none might appeale to the Bishoppe of Rome for which thing diuers Decrees were made in prouinciall Synodes as we haue before declared As the Bishoppes were Gouernours so the lawes whereby they did then gouerne the Church were the Canons of auncient Councels especially of those foure most famous Councels of Nice Constantinople Ephesus and Chalcedon For that the Canons of these Councels were held for the lawes of the Church it appeareth by a Constitution of Iustinian extant in the fift Synode held at Constantinople wherein Iustinian the Emperour declareth that Aâ—…thimus was deposed from the Bishoprike of Constantinople by Pope Agapetus and a whole Synode with him consenting for that he had departed from the doctrines of those foure holy Synodes the Nicen the Constantinopolitan the Ephesian and the Chalcedonian The Emperor also declareth that he being deposed by the Church should be banished by him ioyning his
his Kingdome to such as would inuade it absolued his Subâ—…ects from their faith alleageance drew those that had taken the Crosse for the warres of Ierusalem to fight against Peter And when Martiâ—… was dead Hoâ—…orius the fourth did redouble his curses vpon Peter After all these curses and so much bloud and warres procured by the Popes to the vexation of Christendome yet Peter maintained his chalenge and held those Kingdomes Philip the French King 136. BOnâ—…face the eight pretending to aduance the holy warres for this was not the least pollicy of that Sea to send Princes abroad that in the meane time they might suck their Kingdomes and draw the sinewes thereof to Rome for this purpose sent the Bishop of Ariminum to Philip the faire the French King The Bishop hauing vsed all perswasions hee could by faire meanes and finding the King nothing mooued with all that he alleadged from perswasions hee fell to threatnings The King being much offended at his threatnings and because as some adde the Bishoppe had rauished an ingenuous maid threw the Bishoppe in prison Others say he apprehended the Bishoppe Quod esset paterinus 〈◊〉 Whatsoeuer the cause was of the Kings offence Boniface was highly displeased and sent the Archdeacon of Narbon to command the King to acknowledge that he held his Kingdome of the Church of Rome or else to denounce the Anathema against him and obsolue all French men from their Oath of Alleageance When the Archdeacon arriued at Paris the King would not permit his Bulles to be published The Popes letters were taken from him and burned with fire The King also vnderstanding the end of the Popes earnest motion for his iourney to Ierusalem to be that in his absence he might draw great treasures out of France to Rome published an Edict wherein it was made vnlawfull for any to depart out of France to Rome or thither to carry money Whereupon Boniface cursed Philip to the fourth generation absolued his Nobles and gaue his Kingdome to Albert the Emperour inuesting Albert by his letters into the Kingdome of France but Albert protested that he would not stirre against the King vnlesse hee might haue thaâ—… Kingdome confirmed to him and to his heyres No quoth the Pope that may not be as long as Iezebell liueth meaning Elizabeth wife to Albert a woman of great fame and honour whom he hated for no other cause but for that her brethren and auncestors had done valiantly against the Sea of Rome 137. Against this furious attempt of Boniface Philip the French King in an Assembly at Paris appealed from the Pope to a generall Councell this appeale is diuersly reported All agreâ—… that he appealed from the Pope Platina confoundeth the Narration thus Adsedeâ—… Apostolicam tum vt ipse dicebat 〈◊〉 futuruâ—… que Concilium appellauit That is He appealed to the Sea Apostolicke then vacant as he said and to a Councâ—…ll which should after this be held Naucler deliuereth it thus Rex 〈◊〉 congregari fâ—…cit Paritijs omnâ—…s Praelatos Franciâ—… nec non Barones facto Concilio pro sui iustificatione appellauit ab illa senteÌ„â—…a se excusando contra Bonifacium inuehendo c. That is The French King gathered a Councell at Paris of Prelates and Barons and for his owne iustification hee appealed from that sentence excusing himself inueighing against Boniface This man then hath nothing of any appellation to the emptie Sea but the appellation was as diuers were about these times from the Pope to a generall Councell this appeale was sent by Sarra Columna a Nobleman of Rome and one Nogarelius a French Knight a man faithfull to the King The pretence was diuulged that they should goe to publish the Kings appeale against the Popes Decree but Sarra hauing another secret purpose came into Italy in the habite of a seruant gathered closely by the helpe of his friends a band of souldiers and with great secresie and silence came to Anagnia where the Pope lodged then in his fathers house Sarra breaking vp the doores tooke Boniface in bed bound him and brought him to Rome where after a few daies in great sorrow and desperation he ended his wretched life Ranulphus saith that he was set vpon an Horse vnbridled with his face turned to the horse taile and so running to and fro was famished with hunger and died like a Dogge as the common saying was of him that he entred like a Foxe raigned like a Lion and died like a Dogge It may be truely said of all the Popes that liued since the yeare of Christ one thousand which Naucler obserueth of this Pope Imperatoribus Regibus Principibus nationibusque torrorem potius quam religionem inij cere conabâ—…tur dare regna auferre pro arbitrio c. He sought not so much to plaâ—… Religion as terrour in Emperours Kings Princes and nations to giue and take away kingdomes at his pleasure Where hee doth truely describe the fruite of the Popes excommunications it is not for planting of Religion but for striking a terrour in Princes and breeding a confusion in the world and therfore it is no censure of Christs Church because all these censures plant Religion without confusion of Princes and disordering of the world 138. Finding in Story two Epistles one from Boniface to this Philip the other from Philip to Boniface I thought good to set them downe they are but short Boniface seruant of Gods seruants to Philip the French King feare God and keepe his commandements VVEe will haue you to vnderstand that you are subiect to vs both in spirituall and temporall affaires No collation of Benefices or Prebends belongeth to you and if you haue the vacation of any reserue the fruits thereof to the successours if you haue made any collation we iudge that such shall be of no validity that are to come and those that are past we reuoke reputing all Hereticks that thinke otherwise Dated at Later an c. The answere was thus returned Philip by the grace of God King of France to Boniface bearing himselfe as Pope health little or none at all YOur singular fooleship may vnderstand that in temporall affaires we are subiect to none that the collation of Churches and Prebends perteineth to vs by royall prerogatiue and the fruits thereof during the Vacation that the collation already made or hereafter to bee made are of iust force and validity and thatwe will defend the possessours thereof against all men reputing all foolish and madde men that thinke otherwise Henry the seuenth 139. HEnry the seuenth Emperor was much fauoured at the first by Clement 5. Pope for that Clement was highly offended with Philip the French King who then sought the Empire the hatred of Philip drew fauour to Henry but as passion ruled the Pope so pride ouer-ruled the passion and turned this fauour into greater hatred for when Henry came to order the State of Italy at that
distinctly set in two persons Moses keeping the ciuill gouernment and Aaron the Priesthood The gouernment of Moses and his successours being more ciuil The Priesthood of Aaron his successors ceremoniall it followeth that this ancient ordinance of the law of nature was altered by such positiue lawes of God which were either ciuil or ceremoniall and consequently that this alteration taketh not away the auncient right 6. If I might therefore in a matter of this nature declare my poore opinion leauing the censure hereof to the learned that are able to iudge I take it that as it is not simply vnlawfull that a King may be a Priest and neuerthelesse keepe his kingdome so I suppose this thing cannot be done without not only a lawfull but also an ordinarie calling from God and from the Church For no man taketh this honour to himselfe but he that was called thereto as was Aaron And this cannot bee done without an ordinary calling for when Kings were Priests and the first borne sacrificers as in the law of nature then they had an ordinary calling therto for that was then the ordinance of God ordinarie in the Church which now is not But if a man were first ◅ Priest and afterward aduanced to a kingdome by some Temporal right in this case it were assuredly vnlawfull for him to shake off his holy estate and betake himselfe wholly and only to his Temporall gouerment as some Cardinals haue done Then by the law of nature the King had both the power of order and Iurisdiction and howsoeuer this is altered by a positiue ordinance of God yet all is not taken away there remaineth still that part of Iurisdiction so farre as it standeth in power coactiue in respect wherof the common law of this land saith the King is persona mixta because he hath both Ecclesiasticall and Temporall Iurisdiction 7. This example of Melchisedeck both King and Priest hath much lifted vp the Pope and his flatterers for of this they take especiall hold and thinke hereby to prooue the Pope to be King of the Church because Melchisedeck was both King and Priest But to this we aunswere Melchisedeck had both these honours by a lawfull and ordinarie calling but so hath not the Pope for his Priesthood we graunt he had once thereto a lawfull calling both by locall and doctrinall succession which doctrinall succession Irenaeus calleth successionem principalem Tertullian doctrinae cōsanguinitatē cum Apostolica Ecclesia but now haue they forsaken that principall succession and haue nothing left to glory in but bare personall and locall succession Then to the office of a Bishop the Pope may shew some colour though the colour be now worne thredbare but to the princely office which he claimeth ouer the Church he can shew neither calling nor colour so that the example of Melchisedek which the Popes parasites drawe with such violence to him doth helpe him nothing but rather helpeth the cause of Christian Kings against him for it is certaine that Kings were Priests by an ordinary calling before these two offices were distinguished but it can neuer be prooued that Priests were Kings by such an ordinary calling after that these two offices were set in distinct persons If any man suppose that we haue stretched the example of Melchisedeck too farre because he was a type of Christ I aunswere this is nothing against my purpose that Melchisedeck was a type of Christ. For many men in their ordinary standing and executing ordinary functions did also beare some type extraordinarie thus did Moses Ioshua Dauid Solomon and others I speake of Melchisedeck as I finde him in his ordinary place a King and a Priest 8. By all which we conclude that vnder the law of Nature Kings were in the beginning inuested with all power Ecclesiasticall both of orders and Iurisdiction and therefore these things are not incompatible by nature All this time which lasted about the space of two thousand and fiue hundred yeeres Kings had Ecclesiasticall Iurisdiction without question And therefore this Iurisdiction of Princes which we haue vndertaken to examine is found aunswerable to the first gouernment of the world vntill the time of the law giuen by Moses CHAP. III. All externall Iurisdiction coactiue was a right belonging to Kings vnder the Law NOw let vs search what Iurisdiction in matters Ecclesiasticall was found due and acknowledged to belong to the Kings right all that time vnder the Law Then we find by an especiall commaundement of God these two offices of King and Priest were distinguished and set in two seuerall persons the one in Moses the other in Aaron And the tribe of Leui was taken to the seruice of God in stead of the first borne by an expresse commaundement and the first borne which in number exceeded the number of the Louites were redeemed by fiue shekels a man for the number of the first borne was taken 22273. the number of the Leuites 22000. so that the number of the first borne exceeded the number of the Leuites by 273. These were redeemed and after that redemption the first borne of other tribes were discharged from the attendance of the seruice of God the Leuites tooke vp their place Now the Kings office and the Priests being thus distinguished we must consider what things did properly belong to each office 2. First we find that Moses who had the place of a King in gouernement as he is also called a King doth consecrate Aaron the Priest Moses is commaunded to consecrate him and his son s Exod. 28. and performeth it Leuit. 8. therefore it is repeated Num. 3. These are the names of the sonnes of Aaron the anointed Priests whom Moses did consecrate to minister in the Priests office Heere then appeareth some Iurisdiction of Moses ouer Aaron But this I meane not to vrge for it may bee thought extraordinailry to belong to Moses as Gods Apostle or Ambassadour and lawgiuer vnto Israel for in such great chaunges as was from the law of Nature to the written law somewhat must bee admitted extraordinary and this I could be well content to vnderstand so though many doubts arise for the princes right against the Priests For first it may be obiected seeing there was a Prince and a Priest set vp distinct one from the other why should the Prince consecrate the Priest and not the Priest the Prince But here we finde that Aaron doth not consecrate Moses to be Prince but Moses doth consecrate Aaron to be Priest Another doubt may be moued why Moses should consecrate not onely Aaron but his sonnes also For though we should admit the consecration of Aaron to be done by Moses of necessitie as a thing extraordinary at the first beginning of this Priesthood yet this necessitie appeareth not so much in Aarons sonnes for they might haue beene consecrated by Aaron after that himselfe had bene once consecrated by Moses And yet we find that the
gouernments I meane Ecclesiasticall and Temporal be directed by coactiue power there is no difference in the point of Iurisdiction betweene Temporall and Ecclesiasticall authoritie For the King and only the King is to appoint iudges in matters Temporall and Ecclesiasticall the King hath no more authoritie in reuersing the iudgement of the one then of the other being true iust and lawfull So that the Kings Iurisdiction standeth not in a power to dissanull true and righteous iudgemens but in a power supereminent by which he is charged First to confirme lawes Ecclesiasticall and Temporall Secondly to place Iudges for both causes Thirdly to see that those iudges of both sortes iudge iustly according to right and equity Fourthly to punish them if they shall be found to giue vniust and corrupt sentences Fiftly and last of all his Iurisdiction appeareth in appellations 7. But heere a question will be moued whether a man may appeale from an Ecclesiasticall iudge to the Prince For that one may appeale from a Temporall iudge I suppose it is not doubted at least I see no reason why it should be doubted But in a cause Ecclesiasticall and from a iudge Ecclesiasticall to appeale to the Temporall Magistrate of this some Romish Doctors doubt This doubt which the Canonists haue made may be increased by that place Deu. 17. 10. Thou shalt not decline from that thing which they shall shew thee neither to the right hand nor to the left And that man that will do presumptuously not hearkning to the Priest that standeth before the Lord thy God to minister there or vnto the iudge that man shall die It might seeme to be collected hence that there is no appellation from the Priest no though hee should iudge as some Rabbins expound the words I will declare their exposition because it sauoureth much like the expositions of some Papists where the text saith thou shalt not decline to the right hand nor to the left they expound it that if the Priest shall say thy right hand is thy left or thy left is thy right this sentence thou must receiue and therein rest 8. But this is a fond assertion not only without reason but against the expresse words of the Scripture for it is said according to the law which shall teach thee and according to the iudgement which they shall tell thee thou shalt doe Where we finde two rules for these two kindes of Iudges the Priest and the iudge the sentence of the Priest must be according to the written lawe the sentence of the other according to the truth of iustice and iudgement If a man be able to shew that he is wronged he may vndoubtedly appeale to a Superiour now a man may be able to shew that he is wronged if hee can shew that the Priest declineth from the law of God which is appointed his rule or the Temporall iudge from iustice And therefore if there be a Superiour in the land he may appeale but if there be no Superiour he is without remedie as when Hely was both Priest and iudge from him at that time there could be no appellation but where the forme of a kingdome is established where one King is set vp in lawfull authoritie by whose power iudges Spirituall and Temporall are placed in his dominions heere appeareth a fountaine of Iurisdiction deriued as it were into two inferiour riuers and from these inferior powers appellation may be brought if they shall not in their sentences keepe their rules prescribed to them the lawe and iustice for the appellation being grounded vpon the lawe of Nature to moderate the peruersitie and partialitie of iudges it were an absurd thing to denie this in causes Ecclesiasticall vnlesse a man would suppose that persons Ecclesiasticall may not be corrupt in their iudgements Now if we shall once graunt appellations then assuredly wee confirme the Iurisdiction of Princes in all matters wherein appellation may bee made to them And because Iurisdiction is assuredly proued by appellation we will for the farther manifestation of the truth seeke to cleere this point the rather becâ—…use our aduersaries tell vs confidently that in matters Ecclesiasticall all appellation belongeth to the Pope The Popes say so and they beleeue them we hold that appellation in causes Ecclesiasticall is to bee directed to the King who is by God set ouer the persons appellant 9. In the Old Testament we haue fewe examples or none that I remember of any that appealed from any inferior iudge Ecclesiasticall to the Soueraigne but in the New Testament there is one example sufficient to confirme the truth S. Paul being accused for causes Ecclesiasticall appealed from the high Priest to Câ—…sar Therfore it is lawfull in matters Ecclesiasticall to appeale from iudges Ecclesiasticall to the Ciuill Magistrate The consequence resteth vpon this that Saint Paul heerein did nothing but that which he might doe iustly and lawfully which thing I suppose the greatest enemie of Saint Pauls Doctrine will not denie for he came vp to Ierusalem with this profession and purpose I am ready not to bee bound onely but euen to die for the name of the Lord Iesus Neither durst he for sauing of his life giue a scandall to the Gospell The antecedent consisteth of these two parts First that the matters for which Saint Paul was accused were matters Ecclesiasticall Secondly that therein he appealed from the high Priest both are witnessed by the expresse words of the Scripture For Festusâ—…aith â—…aith They brought no crime against him but had certaine questions against him of their owne superstition and of one Iesus which was dead whom Paul affirmed to be aliue These questions be out of doubt Ecclesiasticall euen in the iudgement of our aduersaries that he appealed from the high Priest reskuing himselfe from his iudgement it is euident by the words in the twentie three Chapter where the Apostle speaketh to the high Priest as to his iudge Thou sittest to iudge me according to the law And when he was reskued from the Priests by Lysias and sent to Felix and left by him to Festus he neuer thinketh of appealing from any of theâ—…e ciuill gouernours But when Festus asked him if he will goe to Ierusalem and there be iudged of these things then Pâ—…ul vtterly refusing the high-Priest appealed to Câ—…sar by which it followeth that in matters Ecclesiasticall a man may appeale from iudges Ecclesiasticall to the Soueraigne Prince Whereupon this vndoubtedly followeth that there resteth Soueraigne Iurisdiction in the Prince And therefore the Popes their flatterers vnderstanding well that Supreame Iurisdiction could neuer bee prooued to rest in the Popes vnlesse first Appellation should be made to them wrought by all subtilty as hereafter we shall declare by right or wrong they neither cared nor spared to cause Appellations to be made to them which thing when once they had obtained that in all causes Ecclesiasticall Appellation might be made to the Popes then and not before
much lesse dissolution to the states of this world but the gouernement of the court of Rome now commonly called the Church of Rome breedeth trouble and dissolution to the states of this world therefore the gouernment of that court is contrary to the gouernment of Christs Church the assumption is a confessed truth too well knowen that the gouernment of the Popes court or Church breedeth trouble and dissolution to States by excommunications The proposition is prooued by the aunswere of Christ to Pilats feares my kingdome is not of this world whereby hee satisfieth Pilate that he needed not feare any trouble or dissolution of established authoritie by him for this was Pilats feare So that if wee admit that Christ did aunswere to the purpose and that Pilats feares and suspitions were remooued by his aunswere it must be confessed that by that aunswere the State was secured that Christs gouernement would not raise any trouble to it or procure the dissolution thereof And it must be well obserued that Christ thus securing the present State doth not speake of his owne person onely but vndertaketh for all that belong to him and his kingdome Therefore he saith not I am not or my person is not of this world but my kingdome is not of this world Then as hee secureth this State from any trouble that they might feare from his person so he secureth all States of the world during the time of this world from all troubles that they might feare from his members and from his kingdome which is his Church Wherby it followeth by strong euidence of reason that they who put States in feare of troubles or work the dissolutiō of Ciuill gouernment as the Pope doth by excommunication are not the members of Christ nor belonging to his kingdom 15. This is further declared in the same place by the words following If my kingdome were of this world then would my seruants surely fight that I should not be deliuered to thee In which words wee finde that Christes seruants may not fight not stirre vp tumults vproares and warres for the maintaining of their kingdome Therefore that Kingdome for which they raise so much warre is not the kingdome of Christ not Christs Church nor they that raise vp such warres Christs seruaunts Christ forbiddeth his seruaunts to fight for him and his kingdome the Pope commandeth his seruants to fight for him and his kingdome Can you haue two kingdomes more opposite two Kings more contrary 16. This doctrine that the Church may not stirre vp any vproares or warr◅s against the Magistrate hath beene alwayes maintained by the auncient Fathers For we finde that in the greatest persecutions the auncient Bishops taught Christians alwayes to liue in peace and to pray for the Emperours and gouernours though they were persecutors according to the commaundement of Christ Loue your enemies and pray for them that persecute you Iustin Martyr saith We pray that you speaking of the Emperour may be found to haue a good and sound mind with your imperiall power Plinie writing to Traian of the auncient manner of Christians saith they assembled to worfhip Christ and bound themseluer in a Bond not to set vppon any wicked practise Sed ne furta ne latrocinia ne adulteria committerent ne sidem fallerent Contrary to which practise the Pope by his excommunication deposing of Princes and discharging subiects from their oath and Allegeance bindeth men to raise warres and tumults to breake and violat◅ their faith and to commit many disorders Tertullian saith Cramus pro Imperatoribus c. That is We pray for Emperours for their deputies for powers for the State of this world for the quiet and peaceable gouernment of things Contrarie to which the Popes raise warres make the gouernment of States tumultuous and take away peace from the earth Optatus saith For good cause doth Paul teach that we must obey Kings and powers yea though an Emperour were such an one as liued after the manner of the Gentiles Augustine saith we are not to yeeld this power to any but onely to God the power I say to giue kingdomes c. Who giueth earthly kingdomes both to godly and vngodly And in another place hee prooueth that euill Kings and Tyrants are to be obeyed wherof he giueth a reason because saith hee Men consist of two parts a bodie and a soule as long as wee are in this life and neede the helpes of this life we must by that part which belongeth to this life be subiect to the powers of this world but by that part whereby we beleeue in God we owe no subiection to man but onely to God Ambrose saith If the Emperour should commaund any thing vnlawfull hee would not obey neither durst he resist by force but onely beare with patience Arma enim nosta sunt preces lachrymae Gregorie the first was so farre from this tumultuous disposition of his successours that hee held himselfe bound to obey the Emperour in the promulgation of that law which he thought the Emperour should not haue made Ego quidem iussioni tuae subiectus saith he to the Emperour Maurice eandem legem per diuersas terrarum partes transmitti feci quia lex ipsa omnipotenti deo minime concordat ecce per suggestionis meae paginam serenissimis dominis nunciaui vtrobique ergo quae debui exsolui quia Imperatori obedientiam praebui pro deo quod sensi minime tacui So farre were these auncient Fathers from the newe and strange practises of disobedience and rebellion against Magistrates which is nowe so stiffely taught and vnmercifully executed by the Popes vassals vnder pretence of Religion 17. But they tell vs that the Pope vseth onely his spirituall censures hee excommunicateth Kings for heresie or schisme and thereby deposeth them and dissolueth the obedience of Subiects I answer excōmunication as it is a censure of Christs Church containeth no coactiue power that is no such power as to depose Princes or to dissolue the faith and alleageance of Subiects Which thing is proued both by the vse of excommunication and by the power of the Church First if we consider the vse of excommunication we finde it was vsed in the Church of the Iewes and from them taken by the Church of Christians Then excommunication being found among the Iewes in his full vse and force all the kindes there of being distinctly obserued by the learned Iewes namely by Elias Leuita who obserueth out of the writings of the auncient Rabbines three diuers kindes of excommunication in vse in the Iewish Church it followeth that this censure of the Church can be no farther extended in the Church of Christians then it was in the Church of Israel where it was first instituted and established But in the Church of Israel it was neuer extended to deposing Kings and destroying obedience of Subiects therefore in the Church of Christians it may
quarrell I purpose to handle and discusse in the next Chapter in his proper place Theodoricus de Niem writing of this councell and of the end and purpose of those that held it saith that this Synod was gathered purposely to search out the auncient vses lawes and customes of the Empire and Church that each power knowing their owne limits the one might not encroach vpon the other Celebrata est saith he ab 153. viris religiosis Episcopis Abbatibus c. ab vniuersis regionibus et oramibus almae vrbis à cuncto etiâ—…m Clero huius sanctae Rom. Ecclesiae ex quirentibus vsus leges mores eiusdem Ecclesiae et imperij That is It was celebrated by one hundred and fifty three religious men Bishops Abbots c. by all the regions and degrees of the City of Rome by all the Clergy of this holy Church of Rome making search and inquisition for the vses lawes and customes both of this Church and of the Empire Then we see that Charles recouered some part of the auncient Iurisdiction of the Empire Which notwithstanding since his time the Popes by inuincible contentions wrested from the Emperours chalenging it to be a part of their owne Iurisdiction and charging the Emperours with Heresie and Schisme for practising that right which other Popes before them acknowledged to bee the auncient right of the Empire 14 And because to the Iurisdiction of Princes it belonged of olde both to call councels and to confirme them therefore Charles did not omit this part of Iurisdiction though as the euent declared it was much against the Popes pleasure He called a Synod at Frankford wherein was condemned the doctrine of worshipping of images which doctrine the Pope had late before confirmed The occasion hereof grew thus Leo Isaurus Emperour being much offended that the Saracines had that great and iust exception against Christians that they worshipped images called a Synod at Constantinople wherein the worship of images was condemned and the images burned He sent also to the Bishop of Rome as then Gregory the second commaunding him to doe the like if he would haue his fauour saith Paulus Diaconus Gregory the second tooke this in suâ—…h indignation that he rebelled against the Emperour and raised all Italy into a rebellion by which meanes the Emperour lost all that then was left in Italy Gregory the second in the middes of these stirres died and Gregory the third succeeded who prosecuting the purpose of his predecessour called a Synod at Rome in the yeare seuen hundred thirty three by Sigebert seuen hundred thirty nine by Palmerius In this Synod the doctrine of worshipping images was confirmed Leo the Emperor was excommunicated and depriued Thus began the Pope to practise a new Iurisdiction in deposing Emperours After this Constantine sirnamed or rather nick-named Copronimus in the yeare of Christ saith Sigebert seuen hundred fifty fiue called a Synod at CoÌ„stantinople wherein the worship of images was againe condemned But another Synod was held at Rome by Pope Stephen the third in the yeare of Christ seuen hundred threescore and eight wherein the worshipping of images was againe approued Which was more famously confirmed in the yeare of Christ seuen hundred foure score and eight by another Constanstine and his mother Irene who called the second Nycen Synod wherein Imagerie preuailed much by the helpe of Pope Hadrian 15. Vpon these stirres Charles the great was moued to call a Synod at Franckford Thither sent Pope Hadrian the acts of the second Nicen Synod to be approued there and to direct this Synod at Frankford if they would take any direction from the Pope But the Fathers of this Synode not regarding the Popes direction tooke a meane course betweene the Greekes who destroyed and defaced images and the Church of Rome which maintained the worship thereof For they decreed that it was not impious to set vp images but to giue any worship to them this they held to be vtterly against Christian faith and to be a thing receiued from the superstition of the Gentiles This Synod was called and confirmed by Charles the great Then belike the Pope had not gotten all Iurisdiction ouer Kings which now he claimeth For the Emperour called Synods not the Pope Neither as then had hee gotten Iurisdiction ouer all Bishops because we see many Bishops were found in Germany France Aquitany and England for all these Nations Charles nameth in his letter to Elepandus Metropolitane of Tolet as fauouring and maintaining the trueth against the worship of images which resisted the Pope in this matter so that his great and soueraigne Iurisdiction was not then established 16. About this time that most worthy most religious and learned King Alfred raigned in England Aser Meneuensis writing his life entituleth him Omnium Britanniae insulae Christianorum rectorem Which title doth not much differ from that which is now in part giuen to the King supreame Gouernour of all persons Ecclesiasticall For whereas at this day the discipline of the Court of Rome exempteth Clerkes from the Kings Courts and consequently from the Kings gouernment it appeareth that in King Alfreds time this thing was vtterly vnknowne to the world therefore this King is called and acknowledged to bee the Gouernour of all Christians within his dominions Now because Bishops and Clerks were Christians he was hereby questionlesse vnderstood the gouernour of Clerkes aswell as of others As then all forraine gouernement and Iurisdiction was excluded by that title so nowe there is no other thing sought but in like sort to exclude all forraine power and Iurisdiction whether the Popes or any other At this time whe n King Alsred liued and raigned the sense iudgement and vnderstanding of the world was no other but that Kings were supreme gouernours of all persons and caufes Ecclesiasticall and Temporall within their owne Dominions Ivnderstand gouernment here as throughout this question I haue often admonished gouernment or power coactiue for this exemption of criminous Clarkes from their Kings Courts was a thing vnknowen in the world in those dayes And therfore whereas it is commonly taken by our aduersaries who vse to begge such principles as they cannot prooue that the religion sense and iudgement of the world ranne wholly for the Iurisdiction which now is practised in the Court of Rome this wee vtterly denie For we are able to shew when the sense iudgement and religion of the Church was against them in euery part of their pretended Iurisdiction For first whereas the Pope claimeth Iurisdiction ouer Bishops this is one part of his Iurisdiction and is now the sense and iudgement of the Court of Rome but in the times of the sixt and seuenth Carthaginian Councels of the Affrican and Mileuitan Synodes at this time I say and alwayes before the religion sense and iudgement of the whole world ran contrary If any obiect that these were not generall Councels but prouinciall I
obserued to speake in the Councell with some freedome as some did especiall marke was taken of such these were withdrawen and recalled thence that other might take their place Of this the Protestant Princes complaine to Charles Fuerunt in eo concessu pauci quidem aliquanto liberiores in dicendo sed inuenta ratio fuit vt ijs reuocatis atque summotis alij summitterentur nequiores That is Some were in that company wâ—…o vsed some freedome of speech but a meanes was inuented to remoue and recall them that other more seruile might be in their places The Pope thus giuing continuall direction to the Councell and appointing by intercourse of messages coÌ„tinually trauelling betweene Rome and Trent what should be concluded insomuch that a common prouerbe was then taken vp among them that the holy Ghost trauelled from Rome to Trent in a packet and finding that after all this his purposes were crâ—…ssed by a certaine number of voyces the number being precisely brought vnto him began to flie to his last reserued shift For of a suddaine he created thirteene Cardinals in one day all Italians to whom hauing giuen vncertaine titles but certaine instruction he sent them to the Councell whom the other Fathers of the Councell welcomed not knowing their end At the next meeting the matters being proposed as before it was found that the voices of these that were come so lately did alter all and east it at the Popes pleasure and yet their wretched pollicies rested not thus If any were supposed to excell in knowledge grauitie learning and godlinesse they were some before the Councell that their presence should not hinder or disturbe the Popes purposes some afterward secretly taken away by poyson this was the end of that worthy Cardinall Contaren and others who for their eminency in vertue were suspected of Lutheranisme And that the world might know and take full notice of the Popes end and scope in calling this Councell that it was not the true faith and religion of the Germanes that hee sought but their blood it is euident by his practise For whilest thus they held the Germanes and all the world in expectation of a Councell the Pope in the meane time raised an army and sent it against the Protestants to be ioyned with other armies prepared for their vtter destruction The generall of the Popes armie Octauius Farnesius Graundchild to Pope Paulus the third by whom hee was sent departing out of Italy was obserued to say That he would destroy so many Germanes that his horse might swimme in the blood of Lutherans This is their holy Councell of Trent consisting of a fewe and those fewe bound by an oath to the Pope restrained prohibited poysoned and at last with many shifts drawen to serue a purpose assembled without lawfull authority called by the vsurped power of the Pope drawen and pulled by fraud and subtiltie ending in blood and warres and remaining the onely cause of all the warres which haue beene raised within these westerne parts of Christendome since that time to this day §. II. Of Friars by whom this Iurisdiction was maintained 20. MY purpose being to note the meanes by which this Iurisdiction hath beene aduanced I thinke it needfull after forgeries to speake of Friars For they haue beene the chiefe aduancers of this Iurisdiction and the fittest instruments that the Pope hath found for his purpose Iohn Wiclife in diuers places declareth out of assured knowledge of storie himselfe being neere those times and therefore more able to iudge therof that before the yeere of Christ one thousand two hundred there were no Friars in the world About which time Dominicus a Spaniard and Francis an Italian began their new orders Fasciculus temporum setteth their beginning about the yeere one thousand two hundred and foure and that they were confirmed by Pope Honorius the third about the yeere one thousand two hundred and fourteene Ordines quatuor mendicantium saith he videlicet Praedicatorum Minorum Augustinensium Carmelitarum consirmantur ab Honorio praeponuntur Praedicatores Minoribus in literis Papalibus quia sex mensibus ante eos confirmatifuerunt Matthaeus Palmerius setteth the confirmation of the Dominicans in the yere one thousand two hundred and sixteene Of the Franciscaâ—…es in the yeere one thousand two hundred twentie and three so that Wiclife hath a good ground for that assertion that Friars were neuer known in the world before the yeere one thousand two hundred 21. This was the first thing that made the alteration of the Church of Rome famous For before the institution of Friars the doctrines of the Church of Rome stood sound and vnchanged in most things The alteration was afterward wrought especially by these Friars both in doctrine Iurisdiction For at the first Friars were set vp to oppresse the old Priests to alter the auncient religion and to exalt the Popes power in a greater measure then it was before In which businesse they haue not beene idle but taking directions onely from the Pope haue brought in a great chaunge in all things Wiclife obserued that Friars pursued imprisoned and burned Priests onely for reprouing their sinnes So that then questions of doctrine made not the quarrell betweene Priests and Friars but only the reproofe of the corrupt and vncleane liues of Friars as in corruption they began so they continue And this is testified by others also that the first cause of the Popes persecutions was not for doctrine but onely for the Popes Iurisdiction Reinerius writing against the Waldenses testifieth thus much that they differed from the Church of Rome in no point of doctrine but onely they denied the Popes Iurisdiction Haec secta Leonistarum for so they were called magnam habet speciem pietatis saith he eo quod coram hominibus iuste viuant benè omnia de Deo credant omnes articulos qui in Symbolo continentur solam Romanam Ecclesiam blasphemant oderunt So that all the heresie which then was found in them was onely against the Popes Iurisdiction they swarued not from the doctrines of the Church of Rome but the Friars made the alteration from that auncient doctrine Then howsoeuer since that time some Popish writers vpon humour and partialitie haue charged them in points of doctrine yet the writers of that age and neere it euen their aduersaries do therin iustifie them and shew that the quarrell was not for points of doctrine but only for the Popes Iurisdiction And it is worth obseruation that the same Reinerius confesseth that there was no origin of this sect knowen some saith he asfirme that this sect hath continued from the time of Siluester others thinke it continued from the time of the Apostles himselfe concludeth that out of question it is ancienter then any other sect Then out of doubt they were much more auncient then Friars and Friars were raised vp paâ—…tly to this end to pull them downe 22. And that this was
an end of the institution of these orders to make some chaunge in that ancient religion which before stood in the Church of Rome in some tollerable measure and to vexe and persecute the professors thereof and especially to bring in a new Iurisdiction of the Pope it will better appeare if wee consider what hath bene in the beginning of their institution and since obserued of their innouations libertie luxuriousnesse and what desolation they haue brought into the Church That these men may better be knowen I will note what Iohn Wiclife and some others haue obserued Friars taught saith Wiclife that the King of England is not Lord of the Clargie but that the Pope is their Lord. Friars so streitched the priuiledges of the Clargie that though an Abbot and all his couent ben open traitours conspiring vnto death of the King and Queene and other Lords and inforce them to destroy all the Realme the King may not take fro them an half-penny ne farthing worth When Parish-churches ben appropred to men of singular religion that is to Friars such appropriation is made by false suggestion that such religious men han not ynough for lifelode and healing but in truth they han ouâ—…rmuch Let me obserue this by the way as being now better instructed in the opinion of Iohn Wiâ—…life concerning tithes Whereas he seemeth to be against tithes it is to be vnderstood as he doth in diuers places open himselfe against tithes as then they were abused by Fryars For Fryers then had power from the Pope to appropriate tithes to their Couents by which meanes tithes came into their possession This thing Wiclife thought vnlawfull and would haue had tithes reduced to their ancient vse againe now let vs returne to his obseruations Fryers sayen that their religion founden on sinfull men is more perfit then that religion or order which Christ himselfe made They sayen also that begging is lawfull the which is damned of God both in the old Testament and in the new Fryers after they had procured impropriations and left a poore Curat in place drewe also from Curats their office and Sacraments they got the confession of Lords and Ladies They pursuen true Priests and letten them to preach the Gospell Christ chargeth all his Priests to preach the Gospell truely and they pursuen them for this deed yea to the fire they will slea Priests for they doe Gods bidding When the King by his officers prisons a man that is commonly done for great and open trespasse and that is good warning to other misdoers some profit comes of the Kings Ministers but when Friars prisonen their brethren the paine is not knowen to men though the sinne were neuer so open and slaunderous and that does harme to other Liegemen Friars sayen that they han more power then the Curat and thus they make dissention and discord among Ch istian men Friars labour to roote out true Priests that preach Christs Gospel themselues han their chamber and seruice like Lords or Kings and senden out idiots full of couetise to preach not the Gospell but Chronicles Fables and leesings to please the people to rob them And yet for sending of those couetous fooles that ben limitors goes much Symonie enuy much foule Marchandise And who can best rob the poore people by false begging and other deceits that shall haue this Iudas office and so a nest of Antichrists Clarkes is maintained They shew not to the people their great sinnes and namely to mighty men of the world but pursuen other true preachers for they will not glose mighty men and comfort them in their sins Thus mighty men hire by great costs a false traitour to lead them to hell Friars deceiuen the people in faith and robben them of Temporall goods make the people trust more in dead parchment sealed with leesings and in vaine prayers of hypocrites that in case ben damned deuils then in the holy helpe of God and their owne good liuing Friars peruert the right faith of the Sacrament of the Auter bringing in a new heresie saying there is an accident withouten subiect which heresie neuer came into the Church till the foule fende Satan was vnbounden after a thousand yeeres Friars vndoe Parish Churches by building other needlesse meaning Abbeyes and Priories c. They destroy the obedience of Gods law magnifien singular obedience made to sinfull men and in case to diuels this is blind obedience brought in by them which obedience Christ insampled neuer ne in himselfe ne in his Apostles Friars being made Bishops robben men by extorsion as in punishing of sin for money and suffren men to lie in sinne they beare out the gold of our land to Aliens and sometimes to our enemies to get of Antichrist false exemptions They teach Lords and Ladies that if they die in Francis habite they shall neuer come to hell They are neither ruled by Gods law ne lawes of the Church ne lawes of the King They ben the cause and procuratours of all warres They say apertly that if the King and Lords and other standen thus against their false begging c. they will goe out of the land and come againe with bright heads and looke whether this be treason or none They teach and maintaine that holy writ is false and so they putten falsnesse vpon our Lord Iesus Christ and vpon the holy Ghost and vpon the blessed Trinitie Friars teach that it is not lawfull to a Priest or any other man to keepe the Gospell in his bounds and cleannesse without errour of sinnefull men but if he haue leaue thereto of Antichrist Friars by hypocrisie binden them to impossible things that they may not doe for they binden them ouer the commaundements of God as they say themselues hence are works of supererogation They burne Priests and the Gospell of Christ written in English to most honour of our Nation They call the curse of God the lesse curse and the curse of sinfull men the more curse They distroyen this Article of Christian mens faith I beleeue a common or generall Church For they teachen that tho men that shall be damned be members of holy Church and thus they wedden Christ and the diuell together They waste the treasures of the land for dispensations and vaine Pardons They ben most subtill and priuy procurators of Symonie and most priuily make Lords to maintaine the Pope and his robbing our land of treasure by his Pardons Priuiledges first fruits of Benefices in our land and Disâ—…es and Subsidies 23. By this wee may in part see those innouations which Friars brought into the Church raysing a new Iurisdiction to the Pope defrauding and robbing the King of his auncient Iurisdiction these are they who first taught and practised obedience to another Soueraigne then the King conspiracy against the life of Princes
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
nation of the Iewes did take sauing o◅ely the Pharises And therefore these Pharises he describeth to be seditious and intollerable stirrers in States euen such as the Friars prooued afterward The words of Iosephus though they be long yet I will set downe because they open the practise of this Oath of Allegance the consent of the auncient Church of the Iewes and the seditious and pestiferous practise of the Pharises that the Iesuites the broode of these Vipers may the better be knowen his words are these There was a sort of men among the Iewes glorying in the scrupulositie and subtiltie of the law by hypocrisie and simulation counterfeiting the holy worship of God by whom women were much moued and drawen c. These were called Pharises who had great power either to helpe or to hurt the kings State For they were troublesome seditious the stirrers of wars iniurious and immoderate prouokers of trouble without cause or ground For when the whole nation of the Iewes bound themselues by an Oath to be faithfull and true to Caesar and to obey him only these Pharises did not sweare these were in number somewhat aboue sixe thousand whom the King punished with a mulct pecuniarie which summe of money the wife of Pherora disbursed for them But they to recompence this her great liberalitie tooke vpon them the foretelling of things to come as men forsooth indued with diuine inspiration they prophesied that K. Herods end was at hand decreed by the diuine Maiestie and the end of all his issue and kinred and that this woman their Benefactour with her husband Pherora and the children descending of them should be Kings When this practise of the Pharises came to the Kings knowledge he killed them as stirrers of sedition and traitours to the State Thus fa◅re Iosephus Whereby we vnderstand that this Oath of Allegeance was well approoued of the Church of the Iewes and onely denied by the seditious Pharises who then inueigled women and weake men and by such meanes stirred rebellions as now their successors the Iesuites doe In like manner was this Oath practised in the Church of Christians as appeareth by the testimonies before cited and by these that followe The second Synode of Rhemes was gathered about the yeere nine hundred and ninetie against Arnulphus Archbishop of Rhemes where it was witnessed of that Archbishop that in the presence of the Kings and Bishops and Clergie and people he was of his owne consent bound by an Oath that to the vtmost of his skill and power he would be true and faithfull in Councell and aide to his Prince the manner and forme of his Oath is set downe thus Ego Arnulphus gratia Dei praeueniente Rhemorum Archiepiscopus promitto regibus Francorum Hugoni Rotberto me sidem purissimam seruaturum consilium auxi lium secundum meum scire posse in omnibus negotijs praebiturum inimicos ◅orū nec consilio nec auxilio ad eorum infidelitatem scienter adiuturum And so it proceedeth with a long execration vpon the breaker 30. Nauclerus doth likewise obserue that Fredericke Barbarossa Emperour perceiuing that the Pope by his excommunications practised secret conspiracies drawing subiects from Allegeance from faith and obedience to preuent these new and subtill practises did exact an Oath of Allegeance of all Bishops vnder his Dominions commaunding the Popes Agents to bee excluded from Germany vnlesse hee sent for them The same exclusion of the Papall Legats was often vsed by the Kings of England and France after that these Princes perceiued that the end of such Legacies was to strengthen the Popes excommunications and to stirre the people to rebellions or to robbe the land of tr◅asure The same Fredericke did also forbid his subiects to appeale to Rome and to goe thither By this iniunction of Fredericke the Popes Legate being forced to trudge home returning to Pope Hadrian made a grieuous complaint the Pope hereupon wrote a letter to the Emperour which because it openeth the Popes meaning concerning the Oath of Allegeance I will here set it downe Hadrian the fourth seruant of Gods seruants to Fredericke Emperour of Romanes health and Apostolicall blessing 31. THe law of God promiseth a long life to them that honour their parents and threatneth the sentence of death to such as curse their Father or Mother And we are taught by the voice of the truth it selfe that hee that exalteth himselfe shall be brought lowe Wherfore my sonne beloued in the Lord we maruaile not a little at your wisedome for that you seeme not to yeeld so much reuerence to S. Peter and the Church of Rome as you ought to doe for in the letters which you wrote to vs you set your name before curs wherein you doe incurre the note of insolency that I may not say arrogancie What shall I say of the Allegeance by you promised and sworne to S. Peter and to vs How can you keepe that Allegeance seeing that you your selfe require homage Allegeance of those that are Gods That are the sons of the most high that is Bishops and you haue held their hallowed hands in your hands manifestly declaring your selfe contrary to vs you shut out our Cardinals not onely out of your Churches but euen out of your Cities Repent therfore repentwe aduise you for whilst you seeke the Crown and Consecration at our hands we feare that seeking more you will loose that which you haue 32. By this wee perceiue the Popes meaning in denying that Kings ought to exact an Oath of Allegeance of Clarkes especially of Bishops for they finding that the Oath of Allegeance draweth subiects to the obedience of Princes resist it by all possible meanes because the Popes seeke Soueraigne Allegeance which cannot be performed both to the Pope and to Princes so that if the Popes purposes stand ciuill obedience to Princes cannot stand And howsoeuer the Iesuites cauill at the late Oath of Allegeance by Parliament enacted quarrelling against it as if it were not a meere Ciuill Oath yet this is but their friuoulous exception for it is euident by this Epistle of the Pope that an Oath of meere Ciuill Allegeance standeth against the Popes purposes For this Oath which Fredericke exacteth was for meere Ciuill Allegeance and yet the Pope denieth that the Emperour ought to take such an Oath of Bishops the reason was that which Iohn Wiolife descried because Bishops must be the Popes subiects not the Kings This was also a part of that quarrell wherewith Thomas Becket troubled the State in his time for he hauing first taken the Oath of Allegeance to King Henrie the second afterward repenting sought to be absolued of the Pope 33. Then this Oath of Allegeance to Kings was in vse before we finde it exacted by the Pope the Pope did first exact it of Archbishops The first that I can find to binde himselfe in an Oath to the Pope was Boniface tearmed the Germane
Apostle Archbishop of Mentz an English man by birth named Winefride For Pope Gregorie the second desirous to draw the Germanes vnder the yoake of his ceremonies the Christian religion being long before planted among them sent this Winefride otherwise called Boniface to reduce all to the obedience of Rome as much as might be For this purpose he exacted an Oath of Boniface the forme of the Oath is extant in Auentinus thus In the name of our Lord and Sauiour Leo being Emperour c. I Boniface promise to thee S. Peter which wast the chiefe of Christs Apostles and to Gregorie who now representeth thy person and to all thy successours by the Father the Sonne and the holy Ghost c. I vow by this thy holy body that I will follow the sincere truth of Christian pietie as long as my life and strength last I will keepe concord I will shunne persons excommunicated I will giue notise of lying sects of pestiferous errours against the decrees of our Elders to the Bishop of Rome This Oath carrieth a shew of great moderation being compared with the formes of those Oathes which succeeding Popes exacted 34. We declared before how Hildebrand caused the Emperour Henrie the fourth to displace certaine Bishops and presently after that he had made a breach betweene the Emperour and them he restored them all to their seuerall places againe and exacted an Oath of them to be true to him the forme of that Oath I find not but it seemeth that then an Oath was exacted much in preiudice of Princes For Anselme Archbishop of Canterburie by reason of that Oath which then the Popes exacted was enboldened to raise a contention with William Rufus about inuestitures And Thomas Becket by vertue of the like Oath contended with Henry the second for that vpon the quarrell for inuestitures Bishops were strictly tied to the Pope by an Oath we finde in the contention which was betweene Pope Paschalis the second and Henrie the fift Emperour For when Henrie the fift had bene set vp by the Pope to raise warres against his owne Father and had at the Popes instigation robbed him of his Empire and life he himselfe found afterward the same measure at the Popes hands which his Father had found before him for claiming the right of inuestitures as belonging to the auncient right of the Empire he was denied the matter brake out into a tumult in which tumult Pope Pascbalis was taken and being in the Emperours power graunted and confirmed vnto him the right of inuestitures From which graunt the Pope reuolted afterward and shewed himselfe more vehement in this quarrell then any before him After some stirres and contention the Pope held a Synode at Trecae in France this Synode was held in the yeere one thousand one hundred and seuen Wherein the Bishops of Germanie were suspended by the Pope for doing any part of Episcopall function saith Vspergensis because fauouring the Emperor they were not present in this Synode And Auentinuâ—… saith that all they that were present were bound by an Oath to the Pope to obey him herein A singulis Episcopis saith he iusiurandum exactum futuros in potestate Romani Pontificis That is An Oath was exacted of euery Bishop that they should be in the power and at the pleasure of the Pope 35. Thus were Kings robbed of their strength when Bishops were by an Oath so bound to the Pope that what hee commaunded they must doe And if the Pope listed to quarrell Princes for their auncient rights and priuiledges it was enough for him to say those priuiledges of Princes were matters Ecclesiasticall or Spirituall and must therefore belong to the Pope and not to Temporall Princes What thing could more weaken Princes and bring them to that poore state that the Pope might triumph ouer them as he did then this subtill practise whereby Bishops who before with other subiects held their Allegeance inuiolated to their Soueraignes were now by a new policie of Popes brought by Oath to the Popes subiection and forced to violate their Allegeance to their Princes Consider then what seruice Princes may expect from Popishbishops who are so bound by Oath to the Pope that they can doe no seruice either to God or their Prince if it be against the Pope but they must violate their Oathes And this is the great bond of their spirituall Iurisdiction as they call it The Popes haue wrested from Princes their auncient right by violence excommunications warres and great bloodshed these rights of Princes thus withdrawen from them the Popes hold as matters of their Iurisdiction and to strengthen them herein they bind Bishops and other chiefe of the Clergy by Oaths to themselues against their owne Kings these practises set the Pope in the possession of this Iurisdiction 36. Onuphrius speaking of that Oath which all Doctors tooke that were to bee made Bishops doth at large set downe the forme of it and among other particulars this Romano Pontifici B. Petri Apostolorum principis successori ac Iesu Christi vicario veram obedientiam spondeo ac iuro This Oath was ministred to all that proceeded Doctors which was the cause that some men of great worth and learning refused to take that degree in those dayes for besides other daungers it brought two great mischeifes vpon them that tooke it The first concerning Allegeance of subiects to their kings the second concerning Bishops or Doctors that might be called to a Councell For if a quarrell fall betweene the King and the Pope it is hard for any man to be a true subiect to the King that taketh such an Oath to the Pope Especially when the Pope must interprete that obedience which is vowed and sworne to him in such a sort as that it includeth a contradiction to the faithfull seruice and Allegeance which euery Subiect oweth to his King Moreouer if a Councell should bee called to determine Religious affaires and to reforme the abuses of the Court of Rome how can sinceritie and indifferencie bee expected of them that are aforehand bound by Oath to the Pope and ingaged so farre that as a Pope chargeth the Bishops of Germanie they cannot speake the trueth against the Pope but they breake their Oath And therefore since this Oath was exacted of the Clergie there were neuer such free sincere and holy Synodes held like to those which were in former times But of all Oathes or vowes that is the most seruile which the Iesuites by vertue of their Order professe to the Pope that they will serue him as Christs Vicar 37. These Oathes by the Pope were first exacted of Archbishops though in processe of time they came to bee farther imposed To this purpose there is a Canon in the Decretals of Gregorie the ninth which Canon because it openeth somewhat both of the reason and antiquitie of this Oath I will set downe the whole Thus it is Significasti Reges
regni maiores admiratione permotos c. That is You signified to me by your Letters that the Princes and Barons of the Kingdome were mooued with admiration that the Pall was offered you by our Apocrisiaries that is Chaplanes with this condition that you should take that Oath which they brought you written from vs. Let them in like sort maruell at our Lord Iesus Christ in this cause Who committing the charge of his sheepe to Peter put thereto a condition saying If thou louest me feed my sheepe Now if the creator of consciences and searcher of secrets vsed this condition and that not once but the second time and againe till he had made him sorie What care then ought we to haue that so great a Prelateship of the Church bee not by vs committed to our brethren whose consciences we know not They obiect that all Oathes are prohibited by the Lord and that this practise of exacting Oathes is not found either established by the Apostles of Christ or by Councels What then is that which the Lord addeth as next following That which is more then this is of euill For euill compelleth and forceth vs the Lord permitting to exact this which is more For is not this euil to start from the Church and obedience of the Sea Apostolicke And to breake out against the constitutions of Canons Which many haue done after their Oath to the contrarie We are therefore compelled by this euill and by necessitie to exact an Oath for Fealtie for Obedience and Vnitie They obiect that this thing is not established by Councels as though any Councels may prescribe a Law to the Romane Church seeing all Councels are by the Authoritie of the Bishops of Rome enacted and haue their strength And in their Canons the Popes Authoritie is manifestly excepted 38. The Reader may be intreated hence to obserue First that this Oath in the time of Paschalis the second who wrote this for Gregorie the ninth Collected it from him was receiued with great admiration both of Temporall Lords and of the Archbishop himselfe as a thing neuer practised before that time Then we haue the antiquitie of imposing such an Oath Secondly we obserue this cursed boldnesse of the Pope in peruerting Scriptures to serue his pride and lust Without which blasphemous abuse of holy Scriptures this Iurisdiction could neither at first haue beene imposed nor since maintained Thus hee handleth all the Scriptures that he meeteth withall as in these few words two diuers Scriptures Thirdly he graunteth that euill compelled him to this God onely permitting which is as if he should say The diuell compelleth and driueth him to it God onely permitteth He who acknowledgeth thus much is wittingly and willingly the seruant of the diuell and of that euill which by his owne confession compelleth him Fourthly he reiecteth the authoritie of the Apostles and Councels as being himselfe aboue them Fifthly his reason is to bee noted drawen from Scripture Christ saith That which is more then this is of euill therefore the Pope may exact an Oath of Archbishops And the Popes Canons hauing once expounded this Scripture thus it must alwayes be the true sense of it For that say they is the true sense which the Pope giueth Sixthly where we find this Oath exacted of an Archbishop accounted a thing so strange by the Barons of the land We collect that the Pope at the first required this Oath of Archbishops onely which was the cause that mooued many Archbishops to ioyne with the Pope in the pursuite of this new Iurisdiction against their owne Soueraignes And hence we see a reason why Anselme withstood the King against the liking and consent of all the Bishops of the land as we shall hereafter declare Because this Oath was exacted of Archbishops Anselme had taken it For as by this Canon it appeareth it was conueyed with the Pall to the Archbishops if they will haue the Pall besides the other price they must take this Oath But the Bishops as then had not taken the Oath which made them freer to withstand Anselm Seuenthly and last of all obserue what kind of Oath the Pope required An Oath of Allegeance And therefore the summe and purpose of that former Canon is thus set downe in the Edition of Gregorie the thirteenth Electo in Archiepiscopum sedes Apostolica Pallium non tradet nisi prius praestet fideluatis obedientiae iuramentum That is The Sea Apostolike will not deliuer the Pall to any Elect for Archbishop except he first take an Oath of Fidelitie and Obedience Then the Oath which the Pope requires is an Oath of Allegeance By this the purpose reason Antiquitie and honestie of this Oath may the better appeare 39. Besides this Oath which Popes haue exacted of the Clergie they haue laboured to bring the Emperours also vnto their obedience by an Oath There is the forme of an Oath set downe Dist. 63. as exacted by Pope Iohn the twelfth of Otho the first Emperour but because in that distinction there is much counterfeited stuffe thrust in as that Canon which beginneth Ego Ludouicus c. which Carolus Molinaeus hath by irrefragable proofes manifested to be forged therfore this is to be suspected to be of the same kinde And this thing seemeth so vnlikely that there is no reason to receiue it without better story then the Popes Canons For Otho the first was a Prince of great worth wise and valiant and Iohn the twelfth a Pope that deserueth no better Titles of the Historiographers then a Monster and a Beast Neither was this Emperour at any time in the power of that Pope but the Pope in his for Iohn the twelfth helped Beringarius and his sonne against Otho which caused Otho to bring an Armie against him And as Luitprandus saith Iuramentum Othoni Papa Iohannes supra pretiosissimum corpus Petri praestitit se nunque Beringario Aberto eius filio auxiliaturum Naucler saith that this Iohn whom he also calleth a Monster and a Beast hauing intelligence that two Cardinals wrote to Otho to call him to Rome cut off the nose from the one and the hand from the other Then for any Oath that Otho should take to the Pope we finde nothing in Storie but the contrarie True it is that Henry the fourth Emperour was forced by Hildebrand to such an Oath for this Emperour being by him excommunicated his Nobles and Bishops falling from his obedience was driuen to come bare-foote with his wife and little sonne in a sharpe frost to Canusium where the Pope then lay and to stay at the gates of the Citie all night and though in greatest humility he intreated pardon yet Hildebrand was so busied forsooth in company of his Harlots that the Emperour was forced to attend three daies in this grieuous affliction before he might haue accesse to his holinesse And when hee came before him he must be contented to be bound by
point and am more willing to search the truth herein because it is a matter of especiall importance concerning this question of Iurisdiction which wee seeke to know For Robert Persons the masked Catholique diuine confesseth in effect thus much that if wee can proue that Inuestitures belong to temporall Princes we haue in his iudgement questionlesse obtained the cause for which we striue Let me set downe his owne words Three things saith he do concurre in making of a Bishop by diuine and Canon law to wit election confirmation and consecration The first to wit election when it is iustly made doth giue right to the elected to pretend the second and third c. Yet can he not vpon his only Election exercise any part of his office of a Bishop either in Iurisdiction or order But when he hath the second part which is confirmation and induction to the benefice which is properly called Inuestiture then hath he Iurisdiction vpon those people and may exercise the Acts thereof by visiting punishing or the like but not the Acts of order vntill he haue consecration also that is to say he cannot make Priests nor administer the Sacrament of confirmation c. And a little after he saith the second which is confirmation and giuing of Iurisdiction must onely proceede from him that is the fountaine of all spirituall Iurisdiction vnder Christ which is the Bishoppe of Rome or some Metropolitane or Bishoppe vnder him that hath authority and Commission from him Thus much the Catholicke Diuine 66. I forgiue many particular escapes in this short discourse not spending time in the examination of by-points I would meete him there where he thinketh himselfe strongest For where he saith confirmation which also he calleth induction or which properly as he graunteth may be called Inuestiture giueth Iurisdiction this we yeeld And then heere wee ioyne issue with olde Sir Robert in that part of his Collection whereon he layeth his greatest hold and are content to trie the whole cause thereon whether Inuestiture which by his confession and the doctrine of his Church and the consent of all giueth Iurisdiction belong of ancient right to the Pope or to temporall Princes If he be able to proue by any auncient full cleare vnsuspected witnesse that the Popes within the space of the first thousand yeares or before Hildebrand either had that right or did practise or so much as challenge that right I will for my part yeeld the cause and will confesse mine errour if thus much be euidently euicted But seeing we haue proued by vndoubted Histories by the consent of Popes themselues by the Decrees established in Councels that this was an auncient right of temporall Princes called Prisca consuetudo by Pope Stephen Antiqua consuetudo by another that the contrarie was neuer heard of vnder any Christian Prince confessed by Gregory the first Then hath he reason either to yeelde vs the cause wholly or to reuoke his wordes againe that Inuestiture giueth Iurisdiction 67. Then the right of Inuestitures standing as the auncient right of our Kings being neuer questioned in Christendome before the time of Pope Gregory the seuenth neuer questioned in this land before the time of Henry the first that King had reason to pleade the vse of his father and brother for himselfe because it being a thing quietly possessed by them was out of doubt peaceably inioyed before them because before them the Popes neuer made title thereto Now concerning the tumults warres blood and confusion in Christendome both in the Church and temporall states which for this quarrell the Popes procured for fiftie yeares together as Malmsbury witnesseth of this it is not my purpose to speake It is enough for mee to open the time when it began and before which time it was neuer challenged by any Pope and to declare that the Popes late practise is condemned by the Iudgement of the auncient Church §. V. Exemption of criminous Clerkes 68. OVr purpose being to take a suruey of that Iurisdiction which we finde challenged by Popes at and somewhat after the time of the Conquest of England at what time the Popes power was at the highest we are to consider in the next place Exemption of criminous Clerkes for as Inuestiture of Bishoppes began then to be claimed so about these times crept exemption of the Popes Clerkes which is taken to be another part of this Iurisdiction My purpose is not to speake of lawfull exemption of the Clergie for both Diuine and humane lawes approue such immunities without which how could the Clergie attend vpon their heauenly businesse These immunities which Emperours and Princes haue giuen to the Church the Church ought to inioy without disturbance and to withdraw such immunities were high sacriledge and impiety against God and his Church But the question is not of these immunities which Christian Kings haue giuen to the Church but of those immunities which the Pope without the leaue or authoritie of Princes hath bestowed out of his fulnesse of power vpon the Clergie which liue vnder the gouernement of other Princes by which the Clergie inioyed a protection from punishment for any sinne This is the thing for which they are not ashamed to striue euen at this day as earnestly as they did in the midst of blindenesse This thing will be better knowne if we search the originall foundation of this errour from the beginning and the occasion by which it grew in the Church For now this opinion is and for some late hundred yeeres hath beene so rooted in the Court of Rome that the Clergie though neuer so much offending by murther treason theft robberies or such like is priuiledged from all temporall Courts of Princes and punishment from the Laity vnlesse first the Church proceede against them and make them no Clerks that they are perswaded both of the truth and antiquity hereof as of a point of faith the occasion grew thus 69. The first auncient and famous Emperours did out of their godly and zealous affections and as we may well iudge vpon good reasons to helpe the Church and to preserue discipline ioyne the aide of their coactiue lawes to the spirituall censures of the Church ordeining that whosoeuer by the gouernours of the Church could not be brought to obedience and order should by the seuerity of temporall punishment be reduced to obedience The vsuall punishment which Emperours did inflict vpon Clerkes was deportation So did Constantine the great punish Eusebius Bishop of Nicomedia and Theognius Bishoppe of Nice And albe it some were threatned with capitall punishment as appeareth by a Letter which Constantine wrote to the Bishoppes of the Nicen Councel recorded by Socrates and inserted in the first Tome of Councels yet the vsuall censure of the Emperour was exile This kind of punishment was often inflicted by other Emperors vpon Bishops the examples are famously knowne and acknowledged I need not to speake of them Insomuch that it began to be
of his auncetours Saluo in omnibus or dine suo honore dei saâ—…cta ecclesiâ—… This clause was thought new scrupulous and offensiue The King would haue him yeeld without exception but the Archbishop would not In this contention Philippus a Legat from the Popes side came into England by him the Pope and all the Cardinals commanded the Archbishop to yeeld to the King without exception whereupon hee did so but afterward reuolted from that promise Hence a new contention began but being againe perswaded hee promised obedience to the Kings Lawes The King to hold fast this slippery Merchant required all the Bishops to fet to their approbation and seales to those Lawes Hereunto when other assented the Archbishop swore that hee would neuer set his seale to them nor allowe them Afterward the Archbishop suspended himselfe from celebrating Masse and desired to goe to Rome but the King denied him The Bishop of London accused him of Magick The King perceiuing his rebellious disposition required the Barons to giue iudgement of him that being his subiect would not be ruled by his Lawes Cito facite mihi iusticiâ—…m de illo qui homo meus ligius est stare iuri in curia mea recusat As the Barons were attending this seruice and now ready to giue sentence I prohibite you quoth the Archbishop in the behalfe of Almighty God to giue sentence vpon me for I haue appealed to the Pope And so he departed Omnibus clamantibus saith mine Author quo progrederis prodiâ—…er exspecta â—… iudicium tuum The Archbishop after this stole away out of the land changing his apparrell and name for hee called himselfe Deerman The Archbishop thus conueying himselfe out of the land came to the Pope and shewed him a Copy of these Lawes which the King called his Grandfathers Lawes When the Pope heard them reade in the presence of his Cardinals and diuers others he condemned the Lawes and excommunicated all that maintained them Condemnauit illas in perpâ—…tuum anaâ—…hematizauit omnes qui eaâ—… tenerent alâ—…quo modo fauerent saith Houeden 80. Thus did the Popes then stirre to aduance their spirituall Iurisdiction as they called it to such an height that the Kings of the earth who are set vp by God to iudge the world could not execute iustice and iudgement vpon offenders might not be suffered according to the commaundements of God to take vengeance of murtherers robbers incendiaries traytors might not execute that office for which onely they beare the sword Now because the deuotion sense and iudgement of all ages is pretended to be for the Popes Iurisdiction and against the Kings let vs obserue the iudgement of the men that liued at this time We shall finde in all this question of Iurisdiction and of these exemptions in particular that the king was iustified and the Archbishop condemned The Kings auncient Iurisdiction acknowledged the Popes new Iurisdiction and the Archbishops disobedience disallowed and abhorred of all For all the Bishops of the Prouince of Canterbury wrote a letter to the Archbishop the letter is extant in Houeden Therein they entreat him to yeeld to the King they commend the Kings care and zeale for the Church They testifie that the king requireth no more of him then the due honour which his ancestours haue alwaies had Rex a Domino constitutus pacem prouidet subiectorum per omnia vt haâ—…c conserâ—…et Ecclesijs commissis sibi populis dignitates regibus ante se debitas exhibitas sibi vult exhiberi exigit The King ordained by God prouideth his subiects peace by all meanes that he may preserue this in the Churches and people vnder him hee requireth and exacteth that Iurisdiction which was due and exhibited to the Kings which were before him They charge him with rashnesse and furious anger for suspending and condemning the Bishop of Salisbury and the Deane before any question of their fault was moued Ordo iudiciorum nouus say they hic est huc vsque legibus eanonibus vt speramus incognitus damnare primum dâ—… culpa postremo cognoscere This is a new proceeding of iudgements and as wee hope vnknowne in Lawes and Canons to this day first to condemne a man and last of all to know the fault 81. And that the iustification of the King in this cause and the condemnation of the Archbishoppe might be made more euident to all the world the same Suffraganes that is all the Bishops of the Prouince of Canterbury wrote to Pope Alexander the third to whom they giue a worthy famous testimonie of the Kings iustice temperance and chastitie declaring that the King could not be suffred to execute his Princely office nor effect his good and godly purposes in execution of Iustice for the filthinesse of some of the Clergie Rex say they fide Christian ssimus in copula â—…oiugalis castimonij honestissimus pacis iusticiae coÌ„seâ—…uator dilataâ—…or incoÌ„parabiliter strenuissimus hoc voâ—… is agit totis in his feruet desiderijs vt de regno suo tollantur scandala cuÌ„spurciâ—…ijs suis eliminentur peccata pax totum obtineat atque iustitia c. Qui cum pacem regnisui enormi insolentium quorundam Clericorum excessu non medioâ—…riter turbari cognosceret c. That is The King in faith most Christian in the bond of matrimoniall chastity most honest for preseruation and dilatation of peace and iustice without comparison the stoutest doeth with great zeale and affections desire this that scandals may be remoued out of his Kingdome that sinnes with their filth may be banished c. and finding the peace of his Kingdome not a little troubled with the enormous excesse of some insolent Clerks c. And thus they proceede declaring wherein those strange exemptions stood which then began first to bee knowne in the world For say they if a Clerke should commit murder c. the Archbishoppe would haue him punished onely by degrading but the King thought that punishment not sufficient for establishing of peace and order and for execution of iustice Hiâ—… non dominationis ambitâ—… non opprimendae Ecclesia libertatis intuitâ—… sed solummodo pacis affectu eò Rex progressus est vt regni sui consuetudines regibus ante se in regno Angliae à personis Ecclesiasticis obseruatas pacificè reuerenter exhibitas Dominus noster Rex deduci vellet in medium That is Hereupon not through ambition of Domination not with any purpose to oppresse the liberties of the Church but onely in a zeale of peace the King proceedeth thus farre as that hee will haue the customes of his Kingdome now brought to open knowledge which Ecclesiasticall persons haue obserued and peaceably and reuerently exhibited vnto the Kings of the kingdome of England before him And a little after Haec est Domini nostri regis in Ecclesiam Dei toto orbe declamata crudelitas hac ab eo persecutio That is
of Christendome are to be intreated in the behalfe of God to remoue these greeuances from the Church which the insatiable couetousnesse of Popes brought in And seeing they haue remoued the Harpyes themselues why should they leaue the markes of their abhominable couetousnesse to the eternall oppression of the Church Why should these vncleane spoiles be found in the hands of godly Princes It would be the eternall honour of our Princes not to chaunge the oppressour but to remooue the oppression It was the honour of this land that when the Pope had oppressed all other Churches onely the Church of England was free Hanc consuetudinem omnes adâ—…isere praeter Anglos saith Naucler It was first imposed in the yeare one thousand and foure hundred it was not vsed in England when Naucler wrote as he witnesseth that is not before the yeare one thousand fiue hundred so odious an abuse so lately bred might soone be remoued if the cup of these sweete wines wherein the Pope began had not beguiled many men 152. When Boniface the ninth had begun this oppression much money was thereby gathered from the Clergie throughout the Emperours Dominions the money being thus collected was deteined by the greedy Emperour Wenceslaus from the more greedy Popes This turned the hearts of the Popes against him therefore Gregory the ninth deposed him and set vp Rupertus Count Palatine of Rhene against him George King of Bohemia 153. AFter the death of Ladislaus King of Bohemia who died without issue two great Kingdomes of Bohemia and Hungaria with the Duchy of Austria being vacant many Princes sought the Kingdome of Bohemia Charles King of Fraunce whose daughter Ladislaus married would haue placed one of his sonnes Casimire King of Polonia hauing married a sister sought it in her right so did Guilliam Duke of Saxony who married the elder sister of Ladâ—…slaus Sigismund and Albert Dukes of Austria were in good hope and Frederick the Emperour would haue had the administration of the Kingdome because the homage due to the Empire had beene neglected When the day of Election came 〈◊〉 〈◊〉 was chosen King and afterward confirmed by Fredericke the Emperour but Paul the second finding that this George fauored the Hussites or as Platinâ—… saith daily withdrew himselfe from the body of Christianity meaning from the obedience of the Pope did excommunicate and depose him setting vp Mathiâ—… King of Hungary against him Mathiâ—… gaue the Bohemians a great ouerthrow in the yeare one thousand foure hundred and 〈◊〉 and with such mortall hatred was Pope 〈◊〉 set against this King that he sent many Bishoppes to negociâ—…te these warres and to raise vp the Hungarians and Germanes against him and so farre preuailed that he eâ—…tinguished all the posterity and discent of George and would saith 〈◊〉 vtterly haue rooted out all the name and memory of the Heretickes vnlesse the Polonians had stayed 〈◊〉 For the Polonians claimed the Kingdome of 〈◊〉 as due to them 〈◊〉 being already busied enough with the warres of the Turke thought good not to draw new troubleâ—… vpon himselfe by prouoking the Polonians Thus the Pope rested at that time contented with the blood of George and his children seeing the power of his malice could then proceed no further King Iohn of Nauâ—…rre 154. POpe Iulius the second the scourge of Christendome in his time vsed the like courtesie to Iohâ—… King of Nauarre for when this Vicar of Christ 〈◊〉 raised warres against the French King Iohâ—… King of Nauâ—…rre held as he had reason with the French King being a French-man by birth and hauing the greatest part of his paâ—…imony in Fraunce 〈◊〉 King of Arragon then fauoured the Pope This 〈◊〉 prepared warre against the French King and to turne the mindes and speech of all men vpon the French warres from that purpose which secretly hee intended hee intreated Henry the â—…ighth King of England to send him an Army to helpe him in the warres of Franâ—…e King Henry hauiâ—…g maried the daughter of Ferdinand sent him sixe thousand footmen these came to the Frontiers of France and there stayed long for the army of Ferdiâ—…nd who for his better passage into Fraunce required of Iâ—…hn King oâ—… Nauarre through whose Dominions hee was to passe that he would deliâ—…er vp to his hands three of the strongest Castles that he would demaund the request as vniust was denied by the King of Nauarre Ferdinaâ—…d referreth the matter to the Pope The Pope Iâ—…lius not regarding the iustice or iniustice of the cause pronounceth the King of Nauarre a Schismaticke and Hereticke for fauouring the French King and therefore depriueth him of his kingdome and giueth his right to Ferdinand Who thereupon sent his army of a suddaine against the King of Nauarre who fled into France Thus was the kingdomâ—… of Nauarre surprised and no title pretended sauing onely the Popes excommunication The state of Venice 155. IT were too long to recompt all the mischiefes and miseries that the Popes Excommunications haue brought vpon Christendome I haue collected the chiefe and most eminent and will end this discourse with the memory of that affliction and desolation which the Pope brought vpon the Venetians Iulâ—…s the second following the steppes of his predecessours brought an armie before Bononia besieged the towne and tooke it The familie of the Bentiuoli he vtterly ruinated killing some banishing other When thus hee had ouerthrowne the Bentiuoli Then he set himselfe in like sort to root out the Venetian name Ad venetâ—… 〈◊〉 excidiuâ—… saith 〈◊〉 The better to effect the malice against the Venetians he drew 〈◊〉 the Emperour the French King the King of Spaine the Duke of Ferrara and the Duke of Mantua into a league when first himselfe had excommunicated and câ—…sed them hee set all these vpon them at once The Pope made choice of a fit time to doe them the greatest hurt he could for a little before this the state of Venice was brought so low that a weake enemie might soone haue â—…dangered them hauing had their whole army brought vnto Internecion at Abdua after that ouerthrowen in a great battell by Lewes the French King their chiefe generals Liuianus taken prisoner Petilianus put to flight The Pope tooke the aduantage of this their weakenesse and seeing them falling labored to thrust them headlong that they might neuer be able to rise againe Mâ—…ximilian tooke Verona Vicetia Padway Carni the French King surprised Bergamum Brixia Cremona Crema the Spaniard wan Tranum Monopolis and Barletta in Apulia The Popes share was Rauenna Ariminum all Aemilia The Duke of Ferrara got Rodigium and the Duke of Mantua Asula Thus was that noble state brought in manner to vtter ruine 156. Iulius hauing thus satisfied his malice and obtained his purpose in some measure against the Venetians being ledde by a spirit that would giue him no rest began to turne his furious wrath in like sort against 〈◊〉 contrary to his faith often promised and