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
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
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
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
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
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
consecration of Aaron and his sonnes is done altogether by Moses These things though they make faire shew for the Princes Iurisdiction Ecclesiasticall ouer Priests yet wee purpose not to stand vpon them 3. But when the Priest was once consecrated and ordained and all things fully perfected concerning his function and two seuerall and distinct functions set vp then will appeare without faile in Moses his successors the right of Princes in Aaron his successors the right of Priests After all things thus perfected we finde that all the lawes which in truth proceeded originally from God were established by the authoritie of Moses and this we finde true not onely in Iudiciall and Ciuill Lawes which were to rule that state but euen in ceremoniall and Morall Lawes which were to rule the Church There is not so much as one ceremoniall law established by the authoritie of Aaron but in all the name and authoritie of Moses is expressed only we finde concerning Aaron that if any doubt in the lawes ceremoniall did arise for the interpretation of those lawes and of such doubts the high Priest must sit as iudge For the people are charged in matters that are hard to consult with the Priest and ciuill iudge Deut. 17. 8. c. Which the learned interpreters vnderstand thus that if the cause be mixt partly Ciuill partly Ceremoniall or doubâ—…full that then both the Ciuill Magistrate and the Priest must iointly determine it but if the people haue distinct causes some Ciuill other Ceremoniall the Ciuill Magistrate must iudge the causes Ciuill and the Priest must iudge the causes Ceremoniall from the consideration of which place we may drawe certaine inferences 4. First all Lawes euen Ceremoniall that is Lawes whereunto Spirituall or Canon Lawes are answerable are established by the authoritie of the Ciuill Magistrate This taketh away all authoritie of the Popes Canon law in all Christian kingdomes where it is not established by the authoritie of Kings in their kingdomes For it is against all reaâ—…on and rules whether we looke vpon the light of nature or vpon the Scriptures or the lawfull practife of authoritie since the Scriptures were written that any Lawes should be imposed vpon a Prince against or without his consent as the Popes haue indeuoured to impose the Canon Lawes vpon Princes And this appeareth in the practise of Christian Magistrates so long as lawfull authoritie stood up without confusion in the world But heere we consider the fountaine of that practise which was from Gods Law wherein we see all Lawes confirmed and established by the authoritie of the Ciuill Magistrate And if it could bee prooued that in some Lawes Ceremoniall the authoritie of Aaron was requisite yet this helpeth them nothing that plead for the Popes Canons For these men would impose these Canons vpon Princes without their consent but in all these Lawes of Moses wherein is a perfect patterne for all law-makers they cannot shew one Law though neuer so nearely concerning the Church which is established without the authoritie of Moses the Ciuill Magistrate If they obiect these things were all done by an especiall commaundement of God I aunswere this doth more establish the authoritie of Princes and confirme our purpose for let them aunswere why God would haue all these things established by the Ciuill Magistrate and not by the Priest This then maketh a greater and clearer confirmation of the Princes right Then the Church may interpret Scripture determine controuersies of faith but cannot establish a Law the reason is because for the establishing of Lawes coactiue power is requisite which is in the Ciuil Magistrate not in the Church And therefore the Canon Lawes can haue no force of lawes but as they are receiued and established by Princes in their seuerall kingdomes For neither can the law haue the force of a law without coactiue power neither hath the Pope any coactiue power in the kingdomes of other Princes but onely in such places where himselfe is a Temporall Prince 5. Secondly we obserue that the high Priest is appointed by God a iudge for interpretation of those lawes that concerne the Church in questions of conscience in causes mixt or doubtfull This might moderate the humours of some who in loue to innouation would leaue no place of iudicature to Ecclesiasticall persons for these things are insert into Moses lawe taken from the law of Nature and not as things Ceremoniall which thing is apparant from the end vse and necessitie thereof for the things which had a necessary vse before the written law and must haue a necessary vse after the abrogation of that law must be acknowledged to be taken from a perpetuall law because there must be a perpetuall rule for a perpetuall necessity This then being perpetuall and necessary matters of question and of Ecclesiasticall audience still arising the hearing and iudging of such things belong to such as are most skilfull in those affaires And hence is the iudicature of fuch things assigned to the Priest which right of Ecclesiasticall iudgements and courts standeth no lesse now due to them in the time of grace then it was under the law because this office in iugdeing hearing and determining is not heere giuen to Priests as a thing Ceremoniall but as I haue declared deriued from the law of Nature as a perpetuall seruice for a perpetuall vse 6. Thirdly we consider that the lawes Ecclesiastical are established by the authoritie of the Ciuill Magistrate but for interpretation of them the Priest is appointed to iudge Hence riseth the ground of Iurisdiction both Temporall and Spirituall wee consider Iurisdiction here as our question importeth authority coactiue in externall iudicature in the execution of lawes The fountaine of this authoritie is in him principally by whose authoritie the law is established and without whose authoritie it is not The execution of this authoritie is in them that are appointed iudges And heerein there is no difference betweene Temporall and Ecclesiasticall authoritie I speake not nowe of Spirituall gouernment by the lawes of God executed within the court of Conscience but of Ecclesiasticall gouernment in the execution of lawes Ecclesiasticall wherin there is vse of coactiue power These two things being in themselues and in nature so distinct if this one distinction might be remembred it is ynough to aunswere all the confused collections of that Catholike Diuine who wrote of late against the fift part of Reports of the Lord Cooke For all that hee writeth there resting vpon no other ground then vpon the confounding of Spirituall and Ecclesiasticall power is answered in one word by this one poore distinction betweene these two powers Now the distinction is apparant because in Spirituall gouernment there is no coactiue power but in Ecclesiasticall iudicature there is coactiue power which maketh an euident and famous difference in Iurisdiction because this is most certaine that all that Iurisdiction wherin coactiue power is vsed is from the Ciuill Magistrate Then if these two
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
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
preuailed mightily afterward this vnblessed deuise of forgerie being attempted in a number of decretall Epistles to drawe in this Iurisdiction a practise wherof no learned Papists can speake or thinke without blushing and yet such is their miserable captiuitie that they are willing to make vse of that falshood whereof they cannot thinke without a secret confession of forgerie Thirdly the ingenuous reader cannot but see and vnderstand the vanitie of the Popes flatterers who striuing now for this Iurisdiction would blasphemously draw it from Scriptures such as thou art Peter c. And feede my Sheepe c. These Scriptures were first drawen by the forged decretall Epistles to proue the Popes Iurisdiction and are now commonly drawen to the same purpose but when Zozimus Bonifac◅ and Caelestinus began first to contend for Iurisdiction they claimed it not frō Scriptures this deuise was not then found out but they laid all the cause vpon a forged Canon of the Councell of Nice So that this is but a late kna◅erie of the Popes flatterers to countenance their newe found Iurisdiction by Scriptures 16. When this Canon was recited by the notarie the Fathers of the Councell were much offended and troubled at the absurditie thereof there were then present some of the best learned Diuines then liuing in the world they knew well there was no such Canon they neuer read it in any copies of the Nicen Councell they neuer heard of this thing before they resolued therefore not onely to denie the Canon but to refute the falshood of the Pope so famously that it might be knowen to all the world and that the Church afterward might take warning of the Romane ambition therefore they aunswered for the present thus that this Canon was not to bee found in their bookes And for a more full and sufficient examination of this matter they would send for the autentike copies of the Nicen Councell before they could graunt the Popes request To this purpose they writ a letter to Zozimus which was presented to Boniface his successour and is extant in the Tomes of the Councels 17. Boniface first receiuing these letters for Zozimus was dead before they returned pursueth the claime of Iurisdiction by corruption of the same Canon and with obstinate and resolute peruersitie maintaineth the falshood begun by his Predecessour In the meane time two copies autentike of the Nicen Canons were sent to the Fathers of the Councell of Carthage one from Cyrillus Bishop of Alexandria another from Atticus Bishop of Constantinople These copies were read but no such Canon could be found as the Bishop of Rome had foisted in the Fathers vnderstanding the fact and hauing taken the Bishop of Rome in a flagrant crime decreed that the true Canons of the Nicen Councell should be obserued reiecting this suborned and supposititious Canon This decree they sent to Pope Boniface but Gods iudgements hastily following these corruptors Boniface was dead before it came to Rome and Caelestinus next succeeding receiued it 18. Caelestinus as stiffe for this Iurisdiction as any of his predecessours maintained the cause by the same meanes resolued with shame ynough to stand for the adulterated Canon which pertinacy after open conuiction declareth that the pollicie of the Church of Rome began then to forsake religious courses and to rest vpon falshood and forgery to obtaine their willes And therefore it is not to be marueiled if the truth of Religion afterward for saked them Apiarius gaue a new occasion to the Pope to worke vpon for after that this man was receiued vnto the Communion by Zozimus and Boniface he returned to the Trabacens where for his foule and scandalous life he was excommunicated againe To recouer this disgrace he flieth to his onely refuge the Bishop of Rome then Caelestinus who receiueth him admitting him to the Communion and directeth his Legats Eaustinus Philippus Asellus to Affrica with a streight charge to draw the Councell to yeeld to the demaunds of his Predecessours for want of other helpe hee furnisheth them throughly with impudencie and inuict audacity for what other vertues were left to maintaine such a cause The Legats cōming with this Commission require of the Councell that Apiarius may be admitted to their Communion and that they would be content to submit themselues to the Romane Iurisdiction The Fathers of the Councell produce the autentike copies of the Nicen Canons which they had procured from Alexandria and Constantinople by which the Romane forgery was euidently conuinced Here began a fresh contention Faustinus resolued to execute his Commission to his vtmost power exclaimeth against the Sea Apostolike against the violatours of the Nicen Canons The Councell protesteth that they will imbrace all true Canons that they will yeeld to the Church of Rome all true priuiledges onely in the lawfull warrantable and necessary defence of their owne freedome and of the Churches freedome they must stand and therefore could not admit a forged claime without shew of truth As they were in the heat of contention the one side striuing to impose the yoke of their Iurisdiction vpon the Church the other resolued to stand close and faithfull for the freedome of the Church behold of a suddaine Apiarius the firebrand of this contention touched by the very finger of God and drawen to giue God the glory and so to end this contention falleth downe on his knees before them all and confesseth all those crimes to be most true which were obiected against him and with humble supplication craueth pardon of the Councell And so this Tragedy ended 19. The Fathers of this Councell hauing this experience of the Popes corruption and dishonestie write to Caelestinus to this purpose They intreat him not to trouble the Church by patronising such wicked men as Apiarius that he would not accept of appellations made by such scandalous and condemned men who would seeke a refuge for their wickednesse at Rome they declare that the Nicen Canonsderogate nothing from the African Church that the Fathers of the Nicen Councell sawe with great wisedome that all suits were to be ended in the places where they began that the grace of the holy Ghost should not be wanting to any Prouince that if any bee offended hee may appeale to a Prouinciall or to a generall Synode that transmaritim iudgments ought not to be admitted where witnesses cannot be conueniently produced either for sexe or age that to send any Legats from the side of the Romane Bishop is a thing found in no Synode established that the Canon of the Nicen Councell by which the Popes claimed this Iurisdiction is not to be found in the autentike copies of that Councell and therefore falsified Last of all they admonish him that hee and his successours must take good heede Ne fumosum typhu◅ saeculi in Ecclesiam Christi c. That is that they induce not the smoke of arrogancie to darken the Church of Christ which Church doth bring the light of simplicitie and
the bright day of humilitie to such as desire to see God Thus write the Fathers of that Councell to Pope Caelestinus intimating by what meanes that smoke did begin to rise to darken the Church which is prophesied in the Reuelation which came out of the bottomlesse piâ—…t like the smoke of a great furnace Vpon these reasons they make a decree to preuent his ambitious desires by which decree they forbid all appellations to Rome or to any other place from Affrica it is extant in the Affrican Councell and this it is Item placuit vt presby teri Diaconi vel caeteri inferiores Clerici causis quas habuerint si de iudicijs Episcoporum suorum questi fuerint vicini Episcopi eos audiant Moreouer it was thought good that Priests Deacons or other inferiour Clarkes if in their causes they complaine of the iudgements of their Bishops they shall bee iudged by the next adioyning Bishops c. And a little after Quod si ab ijs prouocandum putauerint non prouocent nisi ad Affricana Concilia vel ad primates Prouinciarum suarum Ad transmarina autem qui putauerit appellandum â nullointer Affricam in Communionem suscipiatur And if they appeale from them they shall not appeale but to the Affrican Councels or to the Primates of their Prouinces Whosoeuer appealeth to outlandish places shall be admitted to the Communion by none within Affrica This was not so much a new decree as the maintaining of that auncient decreed right which Cyprian doth mention testifying that it was decreed euen in his time by all the Bishops of Affrica Statutum est ab omnibus that the cause should bee there heard and examined where the fault was committed This Canon which was thus established in the Affrican Councell is for clearing of the truth and preuenting of these ambitious courses and claimes of Rome repeated and confirmed also in the Mileuitan Councell where Saint Augustine was also present For it must be obserued that the sixt Carthaginian the seuenth Carthaginian the Affrican and Meleuitan Councels were held all about this time by the same men so great was the care and diligence of the Fathers that by many Councels as it were by so many lights they might dispell the smoake of the darkenesse which they saw then rising out of the Church of Rome which smoake after those times quenched the light and couered the sight of the Church as a mist couereth the heauens 20 Thus did these worthy Fathers dispell this smoke for that time and reiect the yoake of the Popes Iurisdiction In all this businesse S. Augustine had an especiall hand and head And as long as he liued the Popes could neuer preuaile But the Bishops of Rome hauing thus once cast off all regard of truth and modesty were resolued to proceed on in this wretched course and neuer gaue ouer till at last they obtained their purpose There is an Epistle of Boniface the second written after these times extant in the Tomes of councels which whether it bee true or counterfait as much other stuffe is of this argument we are to obserue something out of it because it concerneth this question This Epistle is intituled De reconciliationae Carthaginensis Ecclesiae written to Eulalius Bishop of Alexandria he certifieth the Bishop of Alexandria of great ioy for as much as the Church of Carthage is now returned saith hee ad communionem nostram and receiueth all our mandates which by our Legates wee send them Hee signifieth that supplications must be made to GOD that other Churches may likewise be brought home to the same obedience That the Bishop of Alexandria must giue notice heereof to all the brethren about him that they cease not to giue thanks for such benefites of the heauenly fauour For saith he Aurelius praefatae Carthaginensis Ecclesiaeolim Episcopus cum collegis suis instigante diabolo superbire temporibus praedecessorum nostrorum Bonifacij atque Coelestini contra Romanam Ecclesiam coepit c. That is Aurelius once Bishop of Carthage began with his colleagues by the instigation of the diuell to wax proud against the Romane Church in the dayes of our predecessours Boniface and Coelestinus But Eulalius at this time Bishop of Carthage finding himselfe for the sins of Aurelius cut off from the coÌ„munion of the Church of Rome hath humbled himselfe and sought peace and the communion of the Church of Rome by his subscription and together with his colleagues hath by Apostolicall authority vtterly condemned all Scriptures and Writings which by any wit haue beene framed against the priuiledges of the Church of Rome 21 Whether this Epistle be forged or not it commeth all to one reckoning For if it be forged let the Bishop of Rome take the shame of the fórgery If it be the true writing of the Bish of Rome then he auoucheth that the holy worthy maÌ„ of God S. Augustine with Aurelius and the rest of his colleagues were stirred vp by the instigation of the diuell to withsâ—…and this Romane Iurisdiction We may the better beare the reproaches of the Romish Sinagogue when they sharpen their tongues and pennes against the seruants of GOD in our times seeing they laue done as much against the auncient godly Fathers For what can the late Popes say more against M. Luther Iohn Caluin or any other of the worthies of the reformed Churches then this Boniface the second saith against holy S. Augustine that he with the rest of his company were stirred and instigated by the diuell to stand against the Iurisdiction of the Romish Church Then when we denie their Iurisdiction wee denie it with the Fathers when wee are therefore condemned by the Pope and his Court we are condemned with the auncient Fathers with them we suffer with them we are reuiled and condemned The goodnesse of our cause the fellowship of the auncient Saints the warrant of the truth is able to support vs against the impotent malice and fury of these men that haue no other cause to be offended at vs then their Fathers had against S. Augustine and the rest of the auncient and holy Fathers who haue resisted the Romish Iurisdiction and therein haue left a worthy example to vs to follow their foot-steps Thus we see the Popes Iurisdiction was first attempted by forgery and afterward by falshood and tyrannie effected 22 Other Churches were afterward in time drawne to the obedience of this Iurisdiction The Churches of Rauenna Aquileia and Millane were long after this brought vnder the same yoake by Pope Stephen the third saith Sabellicus But Platina saith that Millaine was drawne to this obedience by Stephen the ninth If this be true then Millain stoode out till the yeare of Christ nine hundred and fourty And thus the quarrell for Iurisdiction was begun by Zozimus maintained by Boniface and Caelestinus but reiected by these Affrican Councels The cause was much helped by some that succeeded as Leo and
the second Pope espying this weaknesse and watching for an opportunitie to take the Empire at such disaduantage to driue the Emperour quite out of Italie vsed the helpe of the Lumbards against him and preuailed so far that he gaue the Emperors army the ouerthrow in a pitched field and slew Paulus the Exarch in battell â—…ac tempestate saith Palmerius inter ' Pontificem imperatorem maxima discordia fuit quam ob causam contra Pontificâ—…m in Italiam missi sunt primum Paulus Exarchâ—…s mox eo nterempto in eius locum substituitur Eutychus sub quo variè pugnatum est diuisa Italia In quo bello Antipharium Longobaraorum ducem auailia Pontifici praebuisse Constat That is At this time a great discord rose betweene the Pope and the Emperour for which cause first Paul the Exarch was sent to Italy but he was slaine and Euâ—…ychus sent in his place vnder whom many battels were fought with variable fortune Italy being diuided In which warre it is well knowen that Antipharius Duke of the Lombardes did aide the Pope against the Emperour Nauclerus declareth that one especiall occasion of this breach betweene Leo the Emperour and Gregorie the second Pope was that Leo abolished images which were worshipped and commanded the Pope to do so wherat the Pope was so inraged that hee drewe all Italie from the obedience of the Emperour Tantamque authoritatem tune habuerunt Romani Pont. decreta saith Nauclâ—…r vt Rauennates primi exinde Venetia populi atque milites apertaÌ„ in ImperatoreÌ„ Exarchumque rebellioneÌ„ pra se tulerint Ac eo processit rebellio vt depositis Exarchi magistratibus singulae ciuitates singula oppida proprios magistratus quos duces apellabant creare prasicere eurarent Such authority then had the Popes decrees that first the Rauennates after that the Venetians did raise an open rebellion against the Emperour and the Exarch And this rebellion proceeded so farre that euery city and euery towne put downe the Exarches and created proper Magistrates to themselues whom they called Dukes Thus fell the gouernment of Italy into so many partes euery one catching what they could as men vse to doe at a great shipwracke And the Pope was carefull to prouide that his part should not be the least 8. When thus the Pope had driuen the Emperour out of all Italie and by that meanes had drawen Italie into as many Dominions in a manner as there were great Cities the strongest began to pray vpon the weaker Heere began the fire of emulation to kindle betweene the Pope and the Lumbards for the Lumbards were the strongest part of Italie then and the Popes part was the second all other were weake in respect of these two and these two thereto agreeing well hitherto so long as both conspired against the Empire began now to fall at variance about the deuiding of the spoile The Pope finding the Lumbards too strong for him in this parting of the spoile of the Empire as before hee had vsed the strength of the Lumbards to suppresse the Emperour so now following the same arte called Pipin the Constable of Fraunce into Italie by whose power hee repressed the Lumbards and compelled Astulphus their King to receiue conditions of peace Platina saith that Gregorius chiefe Secretary to the Emperor did meet Pipin as he came into Italie and intreated him that if he should ouercome the Lumbards he would restore the Exarchate of Rauenna to the Emperour to whom of right said hee it belonged All that poore right that then he sought to hold in Italie detained as then by the Lumbards but presently falling vnto the Popes share and that he would not yeeld it to the Pope The aunswere of Pipin was he came into Italie to gratifie the Pope and that he would helpe him as much as he could That which after the victorie fell to the Popes part and to Rome was saith Platina all that lieth betweene Padus and the Appennine from Placentia to the Venetian standing waters and whatsoeuer is contained betweene the riuer Isaurus and Appennine Paulus Aemylius saith all that which before was called Flaminia wherein was Rauenna was hereupon commaunded to bee called Romandiola The match by negotiation betweene Pipin and the Pope was made thus that all that which was recouered from the Lumbards being before parcell of the Empire should be adiudged to the Pope and to Rome and Pipin for his seruice should bee made King of Fraunce by the Pope and Chilperic the lawfull King should be deposed All this was accordingly performed and Pipin was absolued from the Oath of Allegeance and so were all the Barons and people of France absolued from the Oath of obedience which before they had taken to Chilperic or as some call him Hilderic their King 9. This Storie I haue briefly set downe that the ground of the Popes Iurisdiction may be the better obserued for from such straunge grounds these Romane Catholikes draw the Popes Iurisdiction and the parts thereof as a man of ordinary reason would least suspect so capricious are they now growen As for example from this fact of Pope Zacharie who absolued subiects from the Oath of Allegeance to their true King who would thinke that the Popes Iurisdiction could bee drawen who would not rather iudge that the Popes arrogancy pride vsurpation oppression corruption might by this be prooued And yet Augustinus Anconitanus maketh this fact the onely ground and proofe of his Iurisdiction we looke for such a Iurisdiction as Christ left to his Church we looke for proofes from Scripture but we find no other Iurisdiction prooued then the Iurisdiction of Antichrist opposite to Christs Iurisdiction and ouer Princes for proofes out of the word of God we find no other proofes then such as are drawen from the Popes rebellion and conspiracie against the auncient Emperours from their vniust vsurpation and oppression of lawfull Kings from an impious power pretending authority to breake and violate oaths and faith and Allegeance of subiects And this manner of proose is held so strong that nothing is more common among them then thus to proue Iurisdiction One of that ranke would after the same maner proue this IurisdictoÌ„ by the Popes dispensing against oathes and vowes For saith he Edward the Confessour had made a vowe to goe in person to Rome but was dispensed by Pope Leo the ninth King Iohn sued to Pope Innocentius the third to be dispensed with all for his oath which he had made to the Barons of England And Henrie the seuenth procured from Pope Iulius the 2. that notorious dispensation for Prince Henrie his sonne to maâ—…ry the Princesse Katherine of Spaine left by his brother Arthur Hereupon hee inferreth thus these alone are sufficient to shew what opinion was held from time to time by the Kings of England concerning the Popes Soueraigne Supreme Iurisdiction in spiritual matters belonging to conscience and directing of soules thus farre the Romane
Catholike 10. If this kinde of proofe please them to prooue the Popes Soueraigne supreame authoritie â—…hey may haue ynough thereof For as Pope Zaâ—…harie dispensed with the oath of Pipin and all the French Barons and subiects so doe the Popes since practise this part of Iurisdiction with great feruency or rather surie they dispense with the oathes of subiects they raise vp rebellions against true natural and lawfull Kings they aduance vsurpers This Iurisdiction wee graunt Popes haue practised but with shame ynough heere is the difference betweene them and vs betweene an euill cause and a good betweene impudencie and confidence in the truth both they and we bring the same examples but to contrary ends they bring these examples of the Popes practises to prooue Iurisdiction wee vrge the same examples to shame the Pope with his Iurisdiction Let the indifferent and ingenuous reader iudge whether applie them to the true right and proper end For let them aunswere vs if they can whence the Popes haue authoritie to execute such a Iurisdiction as they haue neither from Christ nor from the Princes of this world For certaine it is that to dispense with oathes to stirre vp subiects against their naturall Princes to mooue rebellions is a power which the Pope hath not receiued from Christ nor from the Princes of this world From whence then hath he it let them tell vs who make it a part of his Iurisdiction 11. After this Charles the great sonne to Pipin was made Emperour by Leo the third Pope At this time it appeareth that the Iurisdiction which by the Emperour before this was vsually practised vpon the Bishop of Rome and other Bishops began to be taken out of the hand of the Magistrate For when Charles hearing many complaints against this Leo concerning his life and conuersation called him to an examination in a great meeting of Bishops it was aunswered by a great acclamation Sedem Apostolicam omnium Ecclesiarum caput à nemine laico praesertim iudicari debere That is It is not meet that the Apostolicke Sea the head of all Churches should be iudged of any man especiall a Lay-man This moued Châ—…rles to omit the matter so soone had they learned to turne this power against the Emperor which they had some two hundred yeres before receiued from the Emperor This Iurisdiction then by this time had receiued a great change for in former times as the inquisition of false doctrines belonged to the care of Bishops so the examination of the life and manners of Bishops belonged alwayes to the Magistrate So Solomon deposed Abiathar So Constantine banished diuers Bishops and reformed the Clergie The godly Popes and Bishops in former times yeelded this power to the Magistrate which God hath giuen him knowing that euery soule is subiect to them euen Bishops euen Popes yea Apostles themselues But now by the fall of the Empire Papacy rising and a newe straunge image of the Empire rising vp in the Papacy this Iurisdiction was then in hatching which afterward was brought foorth by a monstrous birth 12. My purpose is to note the occasions of alteration of Iurisdiction in the Church of Rome and how the Popes hauing cast off the Iurisdiction of the Ciuill Magistrate did in time draw to themselues a new forme of Iurisdiction increasing the same by degrees For wheras at the beginning as we haue shewed the Bishops of Rome with others were vnder the coactiue Iurisdiction of the Ciuill Magistrate the absence and fall of the Empire gaue opportunity to the Bishops of Rome to raise theÌ„selues The first beginning of their Iurisdiction was by getting appeales to be made to them the enlarging aduancing of it was by obtaining the title of caput Ecclesiae vniuersall B. The Pope was not called caput Ecclesiae but the Church of Rome got that title vnder Phocas the Pope got it by his flatterers long after And in the time of Charles the great they had gotten in one foote farther into this Iurisdiction for then they began to refuse the coactiue Iurisdiction of the ciuill Magistrate All this while they were not come to the height and top of thei Iurisdiction to practise coactiue power ouer and against the ciuill Magistrate to depose Princes to raise vp rebellions to absolue subiects from their faith and alleageance though some of these things were a new founding yet they were not come to their perfection till after this time as we purpose in order to declare And as we note their practises so we must no lesse haue an eye to the men and meanes which withstood them in these ambitious courses 13 These attempts of Iurisdiction were then most famously withstood when they were brought to their full hight For after that the Popes had begun to stretch their Iurisdiction to the preiudice of Kings and Princes then began the opposition most to appeare learned men being stirred vp to write and throughly to examine this question Whereof my purpose is to speake farther in the last Chapter of this Treatise Here we will onely note what resistance it found at the beginning before it was growne vp to that hight whereunto it came in time First wee finde that both Charles the great himselfe and other Princes and Bishops haue withstood the Bishop of Rome heerein and seeking to giue euery one his right haue giuen many parts of that Iurisdiction which now the Pope claimeth to the ciuill Magistrate For after that Charles had subdued the Lumbards as his father Pipin had done before him and besieging Desiderius King of the Lumbards came to Rome from the siege to know what hee should haue for his trauaile for recouering S. Peters Patrimonie as the late Patrimonie of the Emperour faling to the Pope then began to be called for the Pope had promised to Charles for oppressing the Lumbards and recouering this new Patrimonie so much desired so hotely pursued so dearely bought that hee should be made Emperour of the West and the auncient authority and Iurisdiction of the Empire should be restored to him For the better effecting of these affaires Charles hauing set a strong siege about Pauy and taken order with his Captaines for that seruice left the siege came to Rome bringing with him a great number of Bishops Abbots to holde a Synod with Pope Hadrian and therein by all their industry and knowledge to finde out what were the true and auncient priuiledges of the Empire and what was the Emperours Iurisdiction confessed Pope Hadrian receiued Charles honourably and at his pleasure called a councell Wherein questionlesse some parts of the auncient Iurisdiction were restored to Charles For that Synod gaue him power to choose the Bishop of Rome and in all Prouinces of his gouernment to inuest all Archbishops and Bishops Thus much is acknowledged by as many witnesses in a manner as are Writers of the Story of this time But of late some haue quarrelled against this Story denying it to be true which
draue Theophilact to flight Gregory the sixt he shut vp in prison and after that exiled him he caused the Bishop of Sabinum to relinquish the Papacie and returne to his owne sea and he set vp Pope Clement Hildebrand was commaunded to goe into banishment with his Master Gregory the sixt This Gregory dying in banishment Hildebrand as the same Author saith Perfidiae simul pecuniae â—…ius haeres extitit That is Was heire both of his perfidiousnesse and of his money The Emperours patience pitifull and too gentle nature is touched by the same Author Nimia pietate deceptus nec Ecclesiae Rom. nec sibi nâ—…c generi humano prospiciens nouos Idolatras nimis laxè habuit That is His gentle nature deceiued him for he gaue too much liberty to these new Idolaters neither prouiding well for the Church of Rome nor for himselfe nor for mankinde To make short Hildebrand attaining a release from banishment came to Rome and there falling to his olde practise stroue to make Brazutus Pope of whose friendship he was assured their mutuall familiarity being confirmed by many odious and bloudie practises This is that Brazutus by whose meanes sixe Popes were poisoned as wee haue declared But Hildebrand perceiuing that the Emperour and the Cardinals were wholly auersed from a man so infamous and odious set vp Alexander the second Who perceiuing himselfe set vp against the Emperours will professed that hee would not keepe the place without the licence and fauour of the Emperour For this thing he was well beaten and buffeted by Hildebrand who ruled all and receiued the reuenewes in the time of Alexander and after his death Hildebrand saith the same Author was chosen Pope eâdem horâ à militibus sine assensu cleri populi in cuius electione nullus Cardinalium subscripsit That is At the same instant by Souldiers without the assent of Clergy or people none of the Cardinals subscribed to his election Nauclerus dâ—…clareth an vngratious stratagem of his suddenly practised to draw the Cardinals to consent to his election For when the Clergy and people were gathered together for the celebration of the funerall of the former Pope of a suddaine a cry was raised among them that S. Peter had chosen Hildebrand for Pope That this man may better be knowne I will set downe the iudgement of a Councell gathered at Brixia consisting of a great number of Bishops and Abbots out of Italy Germany France These Prelates meeting in a publike Synod together pronounce Hildebrand to be Falsus monachus magus diuinaculus somniorum prodigiorumque coniector male de religione Christiana sentiens Primus omnium say they there Pontificatum maximum contra morem maiorum inuitis omnibus bonis emit c. ius humanum diuinumque peruertit falsa pro veris dooet sacrilegia periuria mendacia homicidia incendia veluti benefacta indulget collaudat ad haec perpetranda classicum canit c. Suauis homo Sacerdotes qui vxores habent legitimas sacrificos esse pernegat interim tamen scortatores adulteros incestuosos aris admouet A false Monk a Magitian a Witch a South-sayer by dreames and ostents one that thought corruptly of Christian Religion the first that bought the papacie against the custom of his auncestours against the good will of all good men he peruerteth all right humane and diuine teacheth falshood for trueth he fauoreth and commendeth as things good and iust thefe things sacriledges periuries lies murthers burnings he exhorteth and incourageth men to these outrages a sweet companion that denyeth preists that haue lawfull wiues to say Seruice but admitteth whoremongers adulterers incestuous men to the Sacraments This is the iudgement of a full Councell against his vnholinesse as Auentinus and Naucler report 4. This is the man that began the contention for Iurisdiction with the Emperour Henrie the fourth Tali dedicatore damnationis nostrae etiam gloriamur qui enim sâ—…it illum intelligere potest non nisi aliquid bonum grande ab Hildebrando damnatum For of him wee may iustly vse the fame words in the cause of Princes which Tertullian vseth of Nero in the cause of Christians Hildebrand being made Pope began to moue many contentions with the Emperour then being Henrie the fourth one speciall quarrell was for inuestitures For whereas before that time the auncient custome of the Empire was saith Naucler that when a Bishop was dead the chapter vsed to send a ring and the pastorall staffe to the Emperour which the Emperour deliuered to him whom he appointed Bishop of that place this auncient priuiledge of the Empire Hildebrand would not indure and therefore calling a Councell at Rome of one hundred and ten Bishops he cursed Henrie the Emperour and all Bishops that receiued inuestiture at his hands or any other Lay-men In this Councell he remooued married Priests from Diuine Seruice But before he proceeded thus farre he sent first to the Emperour warning him to remooue all Symoniacall Bishops from their places the good Emperour either supposing that this might proceed from an honest zeale or willing to declare that in him there should bee no want in reforming did accordingly thrust out all such as were suspected of Symonie from their Bishoprikes but behold Machiauell set to Schoole Hildebrand hauing made all these Bishops thus hatefull to the Emperour and hating him presently restored euery man to his place againe and to binde them sure to himselfe against the Emperour tooke an oath of them all as mine author saith Quos regi infestos reddiderat eos sibi familiari amiciria Å•econciliabat multis magnis iuramentis sibi fidos obnoxios efficiens prae alijs exaltabat That is When he had once made them to hate the Emperour then he reconciled them to himselfe in familiaritie and hauing made them so obnoxious to himselfe bound them by many and great oathes to be true to him these he preferred aboue all other Giuing the best preferments to them 5. Hauing thus by subtiltie spoiled the Emperour of his friends of a suddaine without any lawfull accusation without Canonicall citation without Iudiciall order he thundreth out an excommunication against him depriueth him absolueth his nobles and subiects from their oath of Allegeance Whilest he denounced this straunge sentence the Pue wherein he sat being made saith Cardinall Beno of new and strong timber of a suddaine brake in peeces Hildebrand thus triumphing ouer the Emperour began to depose all such Bishops as had receiued inuestitures froÌ„ a Lay-hand of this right of inuestitures we shall speake in fit place First let vs take a viewe and suruey of that Iurisdiction which wee finde practised in this age and of the meanes whereby the Pope attained thereto If first we consider the meanes which were vsed for the winning hereof the Iurisdiction will bee more apparant and better knowen which Iurisdiction wee will also declare by the seuerall parts and braunches thereof so farre as we
man of a leaden heart and a brasen forehead to rush through these difficulties after the Romane Catholike maner without blushing but let a man in humility and good conscience set himselfe to seeke the truth herein and to giue God the glory and it will bee impossible for him to wrastle out of these nets but by confessing the forgerie and reiecting the Iurisdiction forged 13. Moreouer that it may it further appeare that this Iurisdiction is esteemed all in all and more then all by these men and that all other parts of their religion are not so deare to them as this we may further obserue that as the Pope ouer-ruled the Councell of Trent so the thing that swayed the Pope and forced him to resolue vpon this course which now is established by the Court of Rome in the Councell of Trent was onely the feare of loosing and care of maintaining this Iurisdiction For before the Councell of Trent which thing we shall hereafter by Gods helpe more manifest at good opportunity the Church of Rome stood so indifferently affected in the chiefe points of religion that if the respect and practise of the Pope had not misled them it may bee well iudged they would haue beene more ready to assent to the conclusions of Master Lutâ—…r and Iohn Caluin then to those that are established in the Councell of Trent so indifferent stood the world before that Councell For after that time that they had begun to challenge this Iurisdiction before the Councell of Trent the Popes were alwayes afrighted at the name of a generall Councell as Paul Iouius winesseth otherwise a flatterer of the Popes for he saith thus Id vnum concilij nomen supra caeteros insaelices humanarum rerum casus maximo terrori Pontificibus esse consueuit That is The onely name of a Councell more then all other humane incident miseries is wont to be a great terrour to Popes He giueth the reason there why the Popes were so much afraid of Councels because saith he in them questions of faith religion are interpreted the Popes IurisdictioÌ„ censured curbed Ad castigandam sacerdotum luxuriam censorias leges condunt ipsi Pontificices Pontificio iurâ—… 〈◊〉 eiâ—…rare supremaâ—… dignitatâ—… seque demum Pontificatu abdicare coguntur hoc metu armati reges Pontifices terrent That is Councels make lawes to chastise the luxuriousnesse of Priests The Popes themselues circumuented by the Popish law are compelled to resigne the Supreaâ—…e dignitie and to relinguish the Papacie 14. So that before the Councell of Trent the Soueraigne Iurisdiction was neuer held to be in the Pope seeing the Church being gathered together in a Councell did vse to exercise Iurisdiction vpon the Popes For if the Popes were wont so much to feare and flie a generall Councell in regard of censurâ—…ng and inhibiting their Iurisdiction then must these conclusions follow That the Councell of Trent was not a generall Councell because the Pope was not afraid of it that the Popes themselues did acknowledge that the Iurisdiction of a Councell was aboue their Iurisdiction for otherwise why should the Pope be afraid of a free Councell So that if the Councell of Trent had beene like to those Councels which the Popes did so much feare it might haue giuen as good satisfaction to true Christians as now it doth to the followers and flatterers of the Court of Rome And before that Councell there was great hope that it might haue bin so For the minds of al good men were marueilously prepared to peace and to a mutuall consent And for the points of doctrine if the Friars and such as were by them infected had not troubled all the truth might haue preuailed For Cardinall Contaren made a good preparation to the doctrine of iustification which being the greatest point in controuersie is handled by him conformable to the doctrine of Luther Caluin and directly against that which was concluded in the Councell of Trent this he wrote in the yeere one thousand fiue hundred fourtie and one a little before that Councell The Cardinall therein teacheth nothing but that which was before him the knowen doctrine of the Church of Rome from which because the Councell of Trent swarued therefore they made the separation and not we This wisdome and moderation of Cardinall Contaren and others of that side gaue great hope to Master Bucer and some other of this side to labour for an agreement and mutuall consent and assuredly there was great reason to hope it For if the rest had beene of that spirit and moderation which Cardinall Contaren Georgius Cassander Iohn Ferus Master Antonius Flaminius Espencaeus and many others a mutuall consent would haue beene obtained But will yee haue the truth the points of faith and doctrine were not the things which most hindered this concord for in these things many of that side were very conformable and moe might haue beene drawen but there was another thing which crossed all peaceable purposes this was the Popes Iurisdiction If it had not bene for this Iurisdiction the doctrine of Luther might haue beene easily granted for what taught he which was not before him taught in the Church of Rome I graunt that the contrary was also taught by Friars for in the Church of Rome before the Councell of Trent some taught after the manner of the new deuised doctrines which Friars brought in others taught the truth preseruing the auncient doctrines in most points till that time as by their writings extant appeareth So that if the Councell of Trent had beene indifferently chosen of learned men then liuing and if their voyces had not bene forced and forestalled by an oath of obedience to the Pope and to satisfie his lust a desperate practise declaring a desperate cause things might haue beene aswell concluded againstâ—… the Iurisdiction of the Pope and faction of Friars as now all is for them 15. And because wee haue so often mentioned and are so often to mention the Councell of Trent seeing we wholly reiect it and our aduersaries wholly rest vpon it it may bee expected that wee should giue some reasons why we disable it so much I may answere the reasons are in the doctrines and conclusions themselues which are throughly and worthily examined by Master Chemnifius and others But ouer and besides the falshood of doctrines which are concluded there directly against the manifest truth of holy Scriptures we haue also these iust exceptions that that Councell was neither a generall nor a free nor a lawfull Councell Generall it was not because if we consider these Westerne parts of Christendome for the benefite whereof that Councell is pretended to be gathered the greatest part was excluded from that Councell For all England Scotland Ireland all France and all Germanie that are Protestants will make a farre greater part then all the rest that consented to that Councell so that it was a Councell held of a small part
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
impropriations turning tithes first from their true and auncient vse persecution for preaching the Gospell exemptions the vse of Legends in the Church and reading of fables to the people Symonie flattery pardons indulgences the heresie of an accident without a subiect singular and blind obedience the vse of commutation of penance into money they were instruments of warres and bloodshed they inuented works of supererogation the doctrin that reprobates are members of the Catholike Church to robbe the land of money These are the things in part which are obserued by Wiclife to haue beene first inuented by Friars Now whereas Iohn Wiclife was reputed an hereticke wee finde that this imputation was laid vpon him especially by Friars For he was a professed enemie to them and to their innouations holding with the Church of Rome and maintaining no other doctrine then that which he found publikely maintained and receiued in the world before Friars altered it Still he pleadeth the cause of the Priests against Friars which sheweth that he taught no otherwise then those Priests did teach And albeit the Friars did marueilouslly disorder the Church in his time yet hee witnesseth that the third part of the Clergie of England defended the truth against Friars Then the Friars being set vp to alter the auncient doctrine and Iurisdiction and to induce new did labour herein throughly imploying their best skill and power for the aduancement of the Pope and suppressing of the truth Heerein the Iesuites succeed their forefathes in this inheritance of innouation daily adding some new monsters to those which these old Friars left to their hands 24. The Vniuersitie of Paris hath likewise declared their iudgement against Friars somewhat before this time wherein Wiclife liued They gathered seuen Articles against Friars which because they proue Friars to be the authors introducers of innouation in the Church I will here set them downe First we say that Friars are not to be admitted into our Scholasticall societie except by our consent because the society ought not to be coact but voluntarie Secondly because wee haue found by experience that their fellowship hath beene many wayes hurtfull and dangerous to vs. Thirdly seeing they are of a diuerse profession from ours for they are regulars and wee schollers we ought not to be ioined or mingled together in one scholasticall office For the Spanish Councell saith Thou shalt not plow with an Oxe an Asse thatis thou shalt not associate men of diuers professions together in one office for how can they agree together whose studies vowes and purposes are diuers Fourthly because they raise dissentions offences but the Apostle saith we beseech you brethren that you obserue them that is that you discerne such as make dissentions for the doctrine which you haue learned of the Apostles and eschewe them for they serue not the Lord but their belly Gloss. for they flatter some they backbite others that they may fill their bellies and by glosing words and their benedictions they beguile the hearts of the simple Fiftly because we feare least they bee such as enter into houses because they thrust themselues into euery mans house they search and sift the consciences of men seduce such as they find like women ready to be seduced And whō they haue once seduced them they draw from the Councels of their owne Prelates to their Councels for they bind them by oath to their Councels such the Apostle commaundeth to eschew Sixtly because we feare they are false Prophets for they are not Bishops nor Parish-priests nor their Vicars nor by them inuited yet they preach being not sent against the Apostle saying Rom. 10. How shall they preach except they be sent For they worke no miracles thereby to witnesse that they may preach the Church then ought to auoid such men being so dangerous Seuenthly because they are curious and hauing no lawfull calling in the Church they busie themselues with other mens businesse thrust themselues into other mens callings and yet they are neither Apostles nor their successours that is Bishops neither are they of the seuenty and two Disciples of the Lord neither their helpers or Vicars as before is said Now the Apostle commaundeth vs to eschewe such as will liue so saying 2. Thess. vlt. We declare brethren to you in the name of the Lord Iesus Christ that you withdraw your selues from euery brother that walketh inordinately and not according to that tradition which they haue receiued of vs c. 25. Thus haue we set downe the sincere iudgement of that Vniuersitie before it was corrupted and infected with Friars They haue prooued that Friars haue no lawfull calling in the Church to preach or administer the Sacraments because they haue no institution of Christ or his Apostles And howsoeuer since those times the iudgement of that Vniuersitie was chaunged after they had once receiued these serpents into their bosomes yet the reasons which they haue brought against Friars are vnchaungeably true and will alwayes prooue that which then they prooued that neither the old Friars nor the new Iesuits haue any lawfull calling in the Church As thus they haue beene the bane of the Church in chaunging the old bounds so they haue beene the ruine of Princes and the cause of great warres and bloodshed yea of all the persecutions that haue bene since For before that time that the orders of Friars were brought foorth by a new and monstrous birth in the Church there was no bloodshed nor persecution offered by the Pope nor the Church of Rome for matters of Religion Berengarius was forced to a Recantation before but no blood was shed But after that Dominicke had instituted the order of the Iacobites or preaching Friars and Francis the order of the Minorites professed beggars then began great bloodshed and persecution to be practised vpon men that did not allow the Popes Iurisdiction in blood was it first founded and so it hath beene euer since maintained 26. The first persecution began against them that were called Albingenses whose opinions are made hainous by some that write affectionately since that time but by the writers of that time there appeareth no other thing wherewith they were charged but onely that they withstood the Popes pride and Iurisdiction for which they were persecuted The Earle of Tholouse who fauoured them was depriued of his Earledome his landes were giuen to Simon Monford the forces of the French and the Pope were raised against him when they were not able to vanquish him by force by fraud and falshood of the Friars and Popish Bishops they ouerthrew him In this ouerthrow of the Earle the industry and valour of Dominicke is much celebrated by the stories of this time Insomuch as the whole praise is attributed to him of him Platina witnesseth thus much Quos Albingenses Dominicus mira celeritate compescuit adiuuante etiā Simone Monteforti non enim disputationibus verum armis opus fuit adeo
an Oath to stand to the Popes iudgement that at the pleasure of the Pope before the triall of his cause he should be ready either to leaue or to retaine his Kingdom that he should vse no Princely habite or ornament in the meane time that hee should not vndertake any part of gouernement that he should not exact an Oath of Allegeance of his owne subiects that hee should neuer reuenge this wrong vpon the Pope When he had thus hampered the Emperour with an Oath and with such strange and mercilesse conditions such is the Popes mercy where he is Master behold a stratagem a president of humility godlinesse patience mildenesse of a Pope he set vp Rodolph Duke of Sueuia against him in battell 40. The Popes hauing once extorted an Oath of the Emperour were desirous vpon such presidents to make lawes for they had no other meanes to build vp their Iurisdiction therefore when as first by force they extorted some Oathes afterward they set such examples in their Canons and last of all they expounded those Oathes which sometimes Emperours tooke to be Oathes of Allegeance to the Popes For this purpose there is a Canon in the Clementines Clement the first confesseth that Henry the seuenth Emperour refused the Oath which he would haue imposed vpon him and so doe other stories witnesse that the Emperour refused to take that Oath But if we will beleeue Clement in his Canon Henry afterward yeelded to that Oath but would not acknwledge that it was an Oath of Allegeance because the Emperours neuer sweare Allegeance to Popes but Popes to Emperours therefore Clement in that Canon declareth that these which some Emperours yeelded to some Popes were Oathes of Allegeance Declaramns saith he iuramenta praedicta fidelitatis existere censeri debere That is We declare that the foresaid Oathes are and must be accounted to be Oathes of Allegeance 41. By this we see how highly they would aduance the hornes of this Iurisdiction And still we finde this confirmed that the Oath which is giuen to the Pope is vnderstood an Oath of Allegeance And to certifie vs yet more fully of their meaning it is set downe not onely as a law in their Decretals but published as an ordinarie Ceremony which al must take knowledge of In the booke of their Ceremonies it is said that an Oath is to be ministred to all Emperours before their Coronation and before they enter the territories of the Romane Church The Oath is there thus set downe I will exalt the Pope secundum meum posse vitam hee shall neither loose member nor honour by my will councell consent or exhortation In Rome I will make no Decree or ordination of any thing that belongeth to his Holinesse without his councell In the same booke and place before cited it is said that Fredericke the third Emperour tooke that Oath 42. In this Mysterie of Oathes they haue proceeded so far as to exhibite an Oath not onely to the Clergie but to the temporall subiects of other Princes whom they may poyson and peruert by reconciling them to the Pope which as it is a practise most dangerous to them that are so taken and insnared as Birds in the net of their owne destruction so is it no lesse pernitious for such Princes from whose obedience these are drawen whereby the Pope seemeth to bring the question of Iurisdiction to an issue with the Princes of Christendome whether he shall ouerthrow them or they him for it is not possible that both should stand vp together for what is left to Princes if their Crownes and the hearts of their subiects be taken from them Or what is it that Princes can haue a more tender feeling of then of their Crownes and of the hearts of their subiects And what is more forcible to steale away the hearts of subiects from their Prince then to binde them with an Oath of Allegeance to another Prince Then these men that haue bound themselues by an Oath to the Pope how is it possible they should performe true Allegeance to the King For that the Oath which is exhibited to the Pope is an Oath of Allegeance and fidelity the Popes themselues by their Decretals haue assured vs. And if you will seeke it out this you shall finde to be the true reason why Pope Paulus the fift in his late Breues hath forbidden the Recusants of this land to take the Oath of Allegeance to the King because they haue taken an Oath of Allegeance to the Pope Now it is not possible that a man should performe Allegeance to two Soueraignes if one be vassal to the other happily one may hold Allegeance to two as for example a Tenant may sweare homage to his Land-lord and to his Prince also but this cannot be done to two Soueraignes And if one shall take an Oath of Allegeance to diuers Lordes it is concluded that if the Pope be one of those Lords he must be obeyed before all other whatsoeuer Then it is not a Fatherhood in the Church that the Pope striueth for but a power ouer Princes by weakning and vndermining their authority withdrawing the hearts of subiects exacting an Oath of Allegeance of all whom they can reconcile and not permitting their Conuerts to take an Oath of Allegeance to their owne Soueraigne Princes And because we find that moderate and conscionable Papists as Master Hart in the conference with Doctor Reynolds and such like being driuen to vnderstand the cause aright cannot chuse but iustifie our cause and will not yeeld to the Pope a Princehood ouer the world but onely a Fatherhood of the Church not graunting to him a power to depose Princes confessing also that the power which we giue to Princes is not vnderstood of themselues for they before they will vnderstand our cause thinke that wee meane to giue as much to the Prince as they doe to the Pope therefore we haue reason to rest herein assured that if the Iesuites entred not into the Popes battels with a Pontificall furie the Pope would vtterly be forsaken in this wherein all moderate spirits haue already forsaken him or if hee would relinquish this part of the quarrell which hee maintaineth against temporall Princes happily he might make himselfe much more stronger then he is or possibly can be by following this coâ—…rse But as the end is not Religion but a worldly Principality that they shoot at so the meanes which they vse are not the courses of moderation conscience and religion but of force and furie they will haue all or loose all Wherein the wisedome of the Iesuites will be called into great question for setting the Pope vpon such desperate courses at least for being the onely instruments of these new and furious practises which doubtlesse will in the end make an end of his Kingdome §. IIII. Of Inuestitures 43. HAuing spoken somewhat of the meanes whereby this Iurisdiction was sought wee are now to speake of the
hath the same Story at large declaring that Pope Hadriaâ—… held a councel of one hundred and fifty three Bishops and Abbats by which Synod inuestitures were yeelded to Charles Vpon which graunt saith he the French Kings to this day hold the same priuiledges in diuers Prouinces and namely in Prouincijs Ceâ—…omanensi Rotomagensi Râ—…mensi What greater euidence can we seeke to proue that this thing was done then such confirmation from such witnesses and from such priuiledges of the kingdome of Fraunce that in the midst of Popery continued from that first priuiledge The same Author witnesseth that when Henry the fift Emperour came to Rome to appease this controuersie for Inuestitures between the Empire and the Papacy which was first raised by Hildebrand that the Emperour intreated no more then that which in publique recordes was continued the custome from Charles the great Imperator saith he volens vti consuetudine authoritate praedecessorum suorum petebat sibi seruari ea quae priâ—…ilegijs Carolo M. successoribus in Imperio iam per 300 annos amplius concessa obseruata fuâ—…runt Ex quibus priuilegijs licitè per 〈◊〉 annâ—…li virgae Episcopatus Abbatias conferebant The Emperour desiâ—…ous to vse the custome and authority of his predecesâ—…ours required that those priuiledges should bee reserued for him which were granted to Charles the great and to his successours in the Empire and obserued now for 300 yeares and more By which priuiledges it was lawfull for the Eâ—…perours to conferre Bishopricks and Abbacies by Inuestiture of a ring and a staâ—…e When the Emperour did shew these priuiledges and claimed nothing but that which by publique recordes was confirmed to him did any man then obiect that Sigebert had corrupted those euidences When the Pope nor no man for him would or could plead this corruption then it is too late and too grosse for Cardinall Baronius now to bring that plea. Against these knowne priuiledges of the Empire Pope Paschalis at that time pleaded nothing but Synodale decretum saith mine Author a late decree that the Pope himselfe had made 54. Then we haue witnesses of all sorts of all times since Sigebert But if Baronius sit as Iudge in this cause he will say all these are not able to moue him For all these wrote since the time of Sigebert and had the narration from him who by fraud and imposture put it into his Chronography as he is also charged to put the History of Pope Ioane a woman into his booke And I am perswaded that the Cardinall is more passionate in this particular against Sigebert because he reciteth also the Storie of Pope Ioane For if they can coÌ„uince him of a lie in any one thing his report may be iustly weakened for other things For Pope Ioanes matters I medle not I leaue them to him who hath of late learnedly and painfully handled the same I am now to cleare Sigebert from forgery in this point of Inuestitures And because Baronius doth peremptorily assure vs that no man before Sigebert did write it we are to search the times before him A man would think that the Cardinal so skilfull in Story as Baronius is taken to be affirming so confidently that before Sigebert none wrote thus and thereupon charging Sigebert of forgery the most hainous crime that can be committed by a vvriter of recordes should be sure of one of these two things that either in truth no Storie before Sigebert hath mentioned this or if any haue done it to expunge them so that the truth might neuer come to knowledge And to say the truth all his confidence as likewise all the confidence of that side consisteth in this new found vnblessed deuise of expunging ancient Authors And yet for all their expurgatoriall tables and shamelesse shifts this truth will not be hid We must therfore declare who hath written the same thing before Sigebert 55. First we produce Gratian Dist. 63. ca. 22. who recordeth the lame thing as before wee declared Nay saith Baronius Gratian wrote after Sigebert and hath transcribed this narration word for word out of Sigebert That Gratian wrote after him it is not altogether so cleare for there is some doubt of the time when Gratian wrote And if he wrote after him it was not long after for they liued together in one time And Gratian so much respecting the Popes authority as he doth so well read in antiquities as hee was is very vnlikely to take a tale from Sigebert which hee saw not confirmed by auncient writings or to receiue a slight report from one of his owne time and one of the Popes enemies as Baronius would make Sigebert But where he saith that Gratian transcribed this from Sigebert this wee vtterly denie for that which Gratian saith hereof if it be compared with that which Sigebert writeth cannot appeare transcribed because there are diuers words in the one narration which are not in the other Moreouer Gratian citeth another Author for it then Sigebert Let Baronius bee Iudge and Gratian the witnesse Gratian citeth the Ecclesiasticall History for this narration thus Ex Historia Ecclesiastica and then hee setteth downe the Story But Sigebert wrote no Ecclesiasticall Story therefore Gratian doth not transcribe this word for word out of Sigebert The proposition is euident in all Editions of Gratian yea euen in the Edition of Gregory the thirteenth which the same Gregory commaundeth to be preserued without addition or change in any thing Ne cuiquam liceat eidem operi quicquam addere vel immutare vel inuertere nullaue interpretamenta adiungere sed prout in hac nostra vrbe Roma nunc impressum fuit semper perpetuo integrum incorruptum conseruetur In this Edition that is with such caution and authority set forth this place of Gratian is cited out of the Ecclesiasticall Story Now that Sigebert wrote no Ecclesiasticall History all men know his booke is intituled thus Sigeberti 〈◊〉 Chronographia Baronius acknowledgeth so much and calleth it Sigeberts Chronography Neither was it his purpose to write an Ecclesiasticall History but a short and very succinct Chronography neither hath it euer beene taken and reputed for an Ecclesiasticall History Then Gratian citing an Ecclesiasticall History citeth not Sigebert but some other And this is enough to cleare the matter against Baronius that Gratian did not transcribe it from Sigebert 56. From whom then did Gratian transcribe it I say Baronius is refuted though I could not answere this question But if we must answere and make a further search I answere that Gratian cyted this assuredly from Anastasius Bibliothecarius who wrote the story of the Church and the Popes liues Anastasius is extant in Print Aâ—… one thousand sixe hundred and two Moguntiae This was long after that Baronius had vndertaken that none before Sigebert wrote thus In this Edition of Anastasius there are diuers references in the Margent to the Annals of Baronius
so that we are not to looke for any helpe from this Edition Baronius hauing done his lust vpon it and so many eyes watching and handes working to see that nothing may come to light which may disproue that which Baronius hath once with such confidence vndertaken But these workes of darkenesse though neuer so cautelously handled will be found out and bring shame vpon the workers For Platina witnesseth that Anastasius Bibliothecarius wrote this that Pope Hadrian yeelded this right to Charles the great His wordes are these Bibliothecarius scribit Lodouicum liberam eligendorum Episcoporum potestatem Paschali 〈◊〉 cum antea â—…a quoque in re Imperatores consulerentur quam potestatem ab Hadriano Pontifice Carolo concessam idem autor refert That is Bibliothecarius writeth that Lodouic graunted to Pascalis the free choise of Bishoppes when as before that time the consent of the Emperours was required in this thing which power the same author Bibliothecarius declareth that Pope Hadrian gaue to Charles Then we are certified that Anastasius wrote it And though this late Printed Anastasius haue it not yet that dooth not impaire our cause but our aduersaries and dooth testifie before God Angels and men the execrable impietie of them who like Giants fight against God and truth expunging and defacing auncient Records Then Platina assureth vs that Anastasius wrote it and therefore Sigebert was not the first reporter of it 57. Theodoricus de Niem doth also witnesse that this same narration was transcribed by him out of an auncient Copie written so long before his time that for age the Bookes and places where they were kept were almost consumed hac scripta reperiuntur saith he iâ—… antiquissimis Bibliothecis poene praenimia vetustate consumptis In which Bookes he found it written thus Carolus rex ingressus Italiam Papiam obsedit c. Post haec reuersus est Romam vbi constituta est sancta Synoduâ—… a beato Papa Hadriano in Palatiâ—… Lateranensi videlicet in Ecclesia sancti Saluatoris qua reuerendissiâ—…è celebrata est ab 153. viris religiosis Episcopis abbatibus c. ab vniuersis regionibus ordinibus almae vrbiâ—… â—… cuncto etiam clero huius sanctae Rom. Ecclesiae exquirentibus usus leges â—…res eiusdem Ecclesiâ—… imperij Where the same testimony for Inuestitures followeth at large This mans credite hath not beene called in question for ought that I could finde and there can be no reason to except against him being the Popes Register or in some chiefe place vnder him for writing And the better to declare the truth and fidelity of this man it is worth the obseruing that he hath with exact care recorded where he found these antiquities naming the place where these bookes might haue beene seene of all men at that timâ—… when he wrote for before his booke he writeth thus Incipit descriptio de Inuestitura Episcopatuum regum Teutonicorum ex quodam antiquissimâ—… libro Florentino per me Theodoricum de Niem Litâ—…rarum Apostolicarum scriptorem abbreuiatorem reperto dum Dominus Papa Iohannes 23. illiâ—… cum curia sua resideret fide liter extracta sequitur de verbo ad verbum prout in dicto libro videbatur scriptum 58. This man then liuing in the time of Iohn the three and twentieth being the Popes Register or Secretary or in some such office dealeth faithfully For this extreame impudencie was not then knowen in the world which is now so much practised in the Court of Rome We haue also declared from the testimonie of Nauclorus whom Iohn Reuclin a man so much reuerenced for learning in his time did so much reuerence for fidelity and diligence as appeareth by that Preface which the same Reuclin hath set before Nauclers historie that this question of the Emperours right for Inuestitures came to a hearing and examination betweene Henry the fift Emperour and Pope Paschalis the second where the Emperor shewed records proouing for three hundred yeares before his time the custome of Inuestitures to haue beene continued from Charles the great On the other side for the Pope there could nothing be shewed but Synodale decretum Some decree which Hildebrand or some Pope after him did make Moreouer vpon that Canon of Gratian which before we cyted there is reference to Iuo Carnotensis Lib. 8. de Election Rom. Pont. So that it seemeth that Iuo also wrote this before Gratian. Howsoeuer it be we haue witnesses enow to proue Sigebert an honest man and yet haue wee iust cause to exclaime O sâ—…lus O impostura O fraus For when we finde the mouth of antiquity stopped the testimonies of approued writers partly reiected as impostures only because they make against the Popes Iurisdiction partly expunged by sacrilegious hands and malicious and cruell hearts that the truth by all meanes may be defaced and falshood adored and maintained by a generation framed and fashioned to vanity and vntruth appearing with the countenance and haire of women that is of Harlots for their impudency with the teeth of Lions for their cruelty with the tailes of Scorpions for their stinging and expunging of auncient Authours leaning the Markes of their poysoned strokes in all bookes which they handle haue we not then iust cause to exclaime O profound villany O admirable cousenage O Antichristian imposture drawen from the depth of Sathans pollicies And what could make Baronius so confident to assure that none before Sigebert wrote thus but a sure confidence and repose in the expunging of Anastasius And yet hath he not so expunged that Authour but that the true markes of that Narration remaine still in his booke as presently we shal declare But behold into what wretched times we are now fallen for we cannot write for the truth without feares least we should by conuincing falshood giue an opportunity to falsifiers to worke more falsly For who can warrant vs that this which we haue produced shall not hereafter bee cleane expunged out of these Authors that no memory in antiquitie may remaine against them And when they haue corrupted all auncient Recordes and their posterity shall triumph in the wickednesse of their Fathers then our hope is that Christ from heauen will shew himselfe and will not suffer that Kingdome long to indure which standeth vp by no other supporters then falshood and vngodlinesse These outragious practises against the truth cannot but raise vp the spirits of GODS children to an earnest longing and expectation of Christs comming to deliuer his truth out of this captiuity and filthy prison wherein vnrighteous men seeke to holde it downe suppressed 59. Baronius proceedeth and telleth vs that Eginhardus saith that Charles came but foure times to Rome then Baronius laboureth to proue that this thing could not be done at any of those times We answere It is enough for our purpose if Charles came but once to Rome for all those Authours which I haue cyted doe proue that this was
flatterie in his seruants then to resume these old condemned priuiledges and therewithall to patch yp a Iurisdiction standing so directly against the iudgement and practise of the ancient godly Fathers 92. And yet was Anselme as resolute in this as Augustine was in the contrarie But heerein a great difference appeared which might much sway the iudgement of indifferent readers if there were no other meanes to informe them that Saint Augustine standing against appellations to Rome had heerein the full consent of all his fellow Bishoppes not one dissenting But Anselme standing for appellations to Rome stood alone without the consent of so much as one Bishoppe which thing I report for the honour of the Church of England and of all the Bishoppes of England at this time who heerein resisted their Archbishoppe standing for the ancient liberties of the Church William Malmsburie witnesseth thus much In his exequendis saith he omnes Episcopi Angliae Primati suo suffragium negarunt That is In the execution of these things all the Bishops of England denied their consent to their Primate This sheweth that Archbishoppes were made the Popes seruants before Bishoppes were the reason was because the Archbishoppes vsed to purchase a Pall from the Pope which Pall Anselme had not yet at this time of his variance with the King obtained for Malmsbury saith he first asked leaue to goe to Rome for the Pall. Now the Pope in graunting the Pall conueyed an Oath of Alleageance with it as before we haue obserued which was the reason that moued our Archbishopps to stirre such rebellious tumults against the Kings of this land Such was this faction which Anselme maintained for the Pope against the King wherein he was condemned by all the Bishops of England in the question of Appellation as Thomas Becket was after this time condemned by all the Bishoppes in like sort in the question of Inuestitures 93. And therefore Henry the second had iust cause to publish that law which Roger Houeden calleth graue edictum execrabile against the Pope beginning Si quis inuentus fuerit literas vel mandatū ferens Domini Papae c. capiatur de eo sicut de regis traditore regui siue dilatione fiat iusticia That is If any be found bringing in the Popes Letters or Mandat c. let him be apprehended and let iustice be executed without delay vpon him as vpon a traytor to the King and Kingdome In the same law it is said Item generaliter interdictum est ne quis appellet ad Dominum Papam That is It is simply by law prohibited that no man appeale to the Pope This was not a new law now inuented by Henry the second but an auncient law now renued and vpon a iust occasion put in execution for William Rufus as before we haue declared vrged this law against Anselme proouing it to be one of his Fathers lawes and auerring that such appeales did stand against the auncient lawes and customes of his Kingdome so that the Kings Iurisdiction in such matters was maintained by the auncient lawes of this land 94. But because the antiquity of the lawes of our land is questioned by our aduersaries though this thing belong not to my profession yet let me in a few wordes declare what I haue met with in Stories concerning this point that it may appeare that the lawes of this land are much more auncient then that Religion which now is called the Religion of the Church of Rome King William Rufus the Conquerours sonne declareth as Malmsbury witnesseth that it was a custome of this kingdome confirmed by his father that without the Kings licence no man might appeale to the Pope Now these lawes and customes which William the Conquerour did publish and confirme were the auncient lawes and customes of the Saxons before him not first inuented by the Conquerour though enacted and established by him For Roger Houeden writing of these lawes which the Conquerour enacted saith that the King being once in minde to establish the lawes of the Danes was after much and earnest intreaty of the Barons perswaded to yeelde that the lawes of King Edward the Confessour should be retained still The Barons saith Houeden vrged the King Pro anima regis Eduardi qui et post diem suum concesserat coronam regnum cuius erant Leges Unde Concilio habito praecatui Baronum tandem acquieuit ex illa ergo die visa authoritate veneratae per vniuersam Angliam corroboratae confirmatae sunt prae caeteris patriae legibus leges Eduardiregis quae prius inuentae Constitutae erant in tempore Adgari aui sui For King Edwards soule who bequeathed him his Crowne and Kingdome after his death and whose lawes they were whereupon holding a Parliament he yeelded at last to the Barons request from that day forward the lawes of King Edward were by his authority honoured established and confirmed through all England which lawes were before found out and enacted in the time of Edgar Grandfather to King Edward After this Houeden entreth into a large discourse to proue that the lawes which the Conquerour established were King Edwards lawes which lawes saith he were called King Edwards lawes not because hee inuented them first but because after they had beene buried in some neglect lying vnregarded and not put in due execution for the space of three score and eight yeares after Edgars death for so many yeares are betweene King Edgars death and S. Edwards Coronation he reuiued them And thus much he confirmeth that the lawes established by the Conquerour were S. Edwards lawes and the same which were in vse here in the daies of that peaceable King Edgar And it is not without good reason collected that the same lawes proceeded from King Alphred for he like another Iustinian is reported to haue compiled certaine volumes of lawes not onely from the lawes of the Britaines Saxons and Danes but also of the ancient Grecians and other Besides that he translated into the Saxon tongue those lawes which were called the Molmucin lawes and also the Martia◅ lawes the one of Dunwallo Molmucius an auncient Brittish King the other so named of Martia Proba an auncient Brittish Queene And that William the Conquerour established the Saxon lawes it is likewise testified by Henry Huntingdon who saith thus Saxones pro viribus paulatim terram bello capessentes captam obtiuebant obtentam aedificabant aedificatam legibus regebant Nee non Normanici cito breuiter terram subdentes sibi victis vitam libertatem legesque antiquas regni iure concesserunt The Saxons by a strong hand ouercame the land in time by war built as they ouer came and as they built gouerned it by lawes The Normans also quickly subduing the land vnder them yet graunted by the right of the Kingdome lise and libertie and the auncient lawes to them whom they subdued 95. Then whereas William Rufus
place to Gregory the third who succeeded him This Pope as soone as euer he was chosen by the consent of the Romane Clergy depriued Leo the third Emperour from the Empire and from the communion of the faithfull for the same cause to wit for defacing Images which were set vp in Churches to be worshipped This was the ground of the Popes proceeding against the Emperour which is to be obserued By this wee see the state of Rome cleane changed for whereas the Emperours at the first were persecutours and the Bishops of Rome were such as suffered for righteousnesse Now had they changed places for the Popes were become persecutours and the Emperours were such as suffered for righteousnesse For what was the Emperour Leo his fault in breaking downe and defacing Images after that hee found that diuine worship was exhibited to them other then that so much commended zeale of Ezekias in breaking downe the brasen Serpent so that if we looke vpon this fact of the Emperour which was the occasion why the Popes so proceeded against him there can nothing appeare but the Popes persecution and the Emperours suffering for righteousnesse Pope Gregory the third after this called a Synod in Rome wherein the worship of Images was established and all excommunicated that held the contrary All Italy saith Onuphrius fell away from the obedience of Leo the Emperour with the City of Rome and other Westerne parts of the Empire which were before subiect to the Emperour excepting Sicily and a part of Liguria and a little corner of Calabria All this the Emperour lost at once by the practise of Popes 99. Now because wee consider these beginnings of the Popes persecutions for he began with the Emperour whom thus he driued out of Italy putting him from all gouernment in Rome and after tooke vp his place and gouernement let vs heere remember an auncient tradition of the auncient Fathers who wrote before these times with freedom For they are al resolued vpon this as vpon an Apostolicall tradition that Antichrist must driue the Emperour out of the gouernement of Rome and Italy and take vp his place and seate Tertullian doth often repeate this sentence Romanus status cedet Antichristo That is The Romane Empire must giue place to Antichrist And in another place he saith Qui nunc tenet teneat donec de medio fiat Quis nisi Romanus status That is Hee that now with-holdeth shall with-hold till he be taken out of the way Who is that the Romane Empire And vpon those words of the Apostle He that now with-holdeth shall with-hold vntill he be taken away The auncient Fathers writing doe with an admirable consent agree vpon this that the thing which the Apostle saith did with-hold and should with-hold for a time was the Romane Empire For the Empire of Antichrist must be raised vp in the same place where that Empire stood that is in Rome And therefore Hierome writing of those wordes of the Apostle except there come a departing first that that man be disclosed saith Nisi venerit discessio primum vt omnes gentes quae Romano Imperio subiacent recedant abeis That is Vnlesse a departing first come that all the Nations which now are subiect to the Empire of Rome may depart from that subiection Therefore he saith that the Apostle left this tradition which he thought not good to commit to writing Remember you not that when I was with you I tolde you of these things saith the Apostle If any man aske why the Apostle thought good rather to commit this thing to their memory then to writing to this the same Author Saint Hierome aunswereth in the same place Si apertè audacterque dixisset non veniet Antichristus nisi prius Romanum deleatur Imperium iusta causa persecutionis in orientem tunc Ecclesiam consurgere videbatur That is If Saint Paul had said plainly and boldly Antichrist shall not come vnlesse the Romane Empire be first destroyed this might haue ministred a iust cause of persecution to the Church then rising Then the Apostle would not speake this thing directly for feare of drawing a persecution vpon the Church but committed it to their memories Remember you not that when I was yet with you I told you If any man demaund this question why then doe you admit some Apostolicall traditions I answer 100. Let these two limitations be remembred and then I know not why Apostolicall traditions may not bee admitted First it must haue an euident ground in the Scripture Secondly it must haue the consenting testimonie of auncient Fathers confirming it to be an Apostolicall tradition These two conditions are both kept in this particular which now I speake of and in the baptising of Infants But to take a tradition from the bare testimony of any Church without a ground of Scripture and the testimonie of the ancient Fathers bearing witnesse that it was an Apostolicall tradition this wee vtterly refuse as vnwarrantable Concerning this particular the rest of the Fathers yeeld the like consent to these Ambrose saith Non prius veniet Antichristus quam Regni Romani fiat defectio Augustine saith Quidam putant hec de Imperio dictum fuisse Romano proptereà Paulum Apostolum non â—…d aperte scribere voluisse ne calumniam videlicet incurreret quasi Romano Imperiomalè optauerit And in the same place Tantum qui modo tenet teneat donec de medio tollatur non absurdè de ipso Romano Imperio creditur Another of the auncients saith thus Vt qui tenet nunc teneat donec de medio fiat Donec Regnum quod nunc tenet de medio auferatur priusquam Antichristus reueletur Iohn Chrysostome and Oecumenius summing his words say thns writing vpon that Scripture 2. Thess. 2. Solum est qui modo retinet Thronus videlicet Regnum Romanorum quodnunc impedimento est donec cesset finemque accipiat â—…uncreuelabitur iniquus ille hoc est Antichristus Vbi enim Imperium Rom. fuerit dissolutum tunc Antichristus rebellione irruet ac obtinere conabitur non hominum solum verum Dei Imperium Romanorum autem Imperium ipse Antichristus perfectè abolebit Quemadmodum 〈◊〉 Medorum Imperium à Babylonijs dissolutum est Babyloniorum à Persis Persarum quoque à Macedonibus Macedonum a Romanis it a Romanorum ab Antichristo Antichristi à Domino nostro That thing which withholdeth is the Romane Empire which now stayeth the matter till it cease and come to an end Then shall that wicked man be reuealed that is Antichrist For when the Romane Empire shall be destroyed then shall Antichrist by rebellion inuade and shall seeke to draw to himselfe not onely the power of men but of God also And Antichrist shall vtterly make an end of the Romane Empire For as the Empire of the Medes was destroyed by the Babylonians and that of the Babylonians by the
fraud diuelish pride and Necromancy aspiring to the Papacy and was at last made Pope not onely without the consent of the Emperor but without the consent of the Cardinals also onely a company of armed men with some few of the Clergie gaue out that Hildebrand was chosen Pope by S. Peter he was much furthered by one Maude a Gentlewoman of great riches then in Italy with whom he had great familiarity 104. Henry the fourth Emperour called a Councell at Wormes to represse Hildebrand The Bishops of that Councell condemned Hildebrand for intruding into the Papacy for his infamous prodigious conuersation adiudgedhim to be deposed Hildebrand vpon the knowledg of these news excommunicated the Emperor depriued him of Gouernement absolued his subiects from their Oath of Alleageance The Emperor of a sudden being robbed of his friends subiects by the practise of them whom HildebraÌ„d had set to negotiate this matter was driuen to the greatest debasement of himselfe that hath bin heard of bare-foot in a sharp Frost in deepe Winter three daies attending at Canusium with his wife child before he was admitted to the Popes presence when he was admitted and had craued pardon his censure was to stand at the mercy of Hildebrand Which when he had confirmed by an Oath the Pope absolued him but afterward set vp Rodolph Duke of Sueuia in warre against him Rodolph being thus stirred vp to Rebellion against his Soueraigne was so wounded in a battell that being carried to Merseburge without hope of life called the Nobles and Bishoppes that had fauoured him and in their presence beholding his right hand which was smitten off in the battell This quoth he is that hand by which I confirmed an Oath of mine Alleageance to my Master Henry this haue I gotten by following your Councell returne you to your Master and keep your first faith as for me I goe to my Fathers 105. The Emperour after this gathered a Synode at Brixia The Bishoppes of Italy Lumbardy Germany meeting there condemned Hildebrand for a disturber of Christendome a disorderer of the Church a periurous sacrilegious Incendiary a Witch and Necromancer The Emperour besieged him in the Castle of S. Peter but Hildebrand vnderstanding that the Emperour vsed to resort to S. Maries Church to pray set a knaue aboue the place where he vsed to pray to throw downe a great stone vpon him and to kill him VVhilst the varlet was setting the stone for that purpose downe comes the stone and the traytor with it who was crushed to peeces therewith After that Hildebrand had set vp many such practises against the Emperour without effect he betooke himselfe to flight And â—…andring like a Vagabond without comfort without helpe without hope though brought to a most pitifull estate yet pitied of no man trauelling vnder the vnsupportable burden of a restlesse conscience he died for griefe at Salernum By all which we see that this new and monstrous practise of deposing Kings was resisted by the Emperour as pestiferous against his estate disclaimed by Bishoppes as a thing strangely disordering the Church and ciuill States and iustly reuenged by God as a thing abhominable The Chronicles obserue as it is noted in Vspergensis Fol. 226. that this Henry the fourth had fought three score and two pitched battels in number surpassing M. Marcellus and Iulius Caesar of whom the one fought thirty the other fiftie Henry the fift 106. WHen Hildebrand and Rodolph both conspiring against Henry the fourth were both ouerthrowne the succeeding Popes maintaining the same pollicy and practise for it were pittie but that these Apostolicall practises were well knowne raised Henry the fift in armes against his father Henry the fourth this old Emperour being wearie of troubles and desirous to haue some repose made his purpose knowne that hee would resigne all gouernment to his sonne and goe himselfe in person to visite the Sepulcher of Christ but the sonne was stirred vp by the Popes to rebell against his Father before hee had vndertaken that iourney To colour his rebellion hee protested that hee sought not his Fathers Throne for desire of dominion neither wished he the deprination of his Lord and Father but if his Father would bee subiect to Saint Peter and his Successours then would he yeeld him the Empire The end of this contention was this The old Emperour was surprised imprisoned by his sonne and so died There is an Epistle of this Emperour extant in Naucler wherein he complaineth that he was betrayed against all humane and diuine Lawes being inuited by his sonne to a Treaty of peace after faith and assurance giuen for his life and honour comming peaceably to Mentz was surprised treacherously After all this Henry the fift comming to Rome found no more fauour then his Father had done For Paschalis the second contended with him so earnestly for Inuestitures which was the quarrell for which his Father felt so much the Popes anger that thereupon a tuâ—…ult was raised in that tumult Pope Paschalis was taken Who being in the Emperours power confirmed the Emperors Iurisdictión and disclaimed the right of Inuestitures yeelding it to the Emperour in that sort as his auncestours had vsed the same in former times 107. At this time the Cities of Italy tooke an Oath of aleageance to the same Emperour But after all this grant of Pope Paschalis no bond being sufficient to hold fast a Pope he called a Councell at Rome wherein he condemned all that himselfe had done in yeelding Inuestitures to the Emperour and excommunicated the Emperour The Emperor to preuent the dangers that might ensue came again into Italy and sent Ambassadors to the Pope to try if these matters might be brought to a peaceable end The Pope in the mean time calleth a Councell at the Lateran In this Councell Pope Paschalis excusing that fact of his for yeelding Inuestitures to the Emperour desired all that were present to pray for him that God would forgiue him For saith he that writing which I made which is called a priuiledge I doe heere condemne vnder an euerlasting curse and pray that all you will doe the same There followed a generall acclamation Fiat fiat that is be it so Then Bruno Bishop of Signinum faid We haue cause to thanke God that we haue heard the Pope from his owne mouth condemne this priuiledge Which is not a priuiledge but rather a prauiledge because it containeth prauity and heresie Whereupon another stood vp and said If that priuiledge containe heresie then hee who made it is an heretique Caietan being moued with the sharpnesse of that speach answered What dost thou in this Councell in the hearing of vs all call the Pope an heretique that writing was not heresie but it was euill Nay quoth another it was not euill c. Paschalis by his hand commaunding silence appeased the clamour and tolde them that heresie neuer entred into the Church of Rome This I haue
the Pope declaring why he so much desired his absence raised forces and sent them to subdue Apulia to bring it vnder his subiection The Souldiers which were signed with the Crosse for the holy wars he stayed and them he spoiled of their prouision Froderick in the meane time recouered Hierusalem 〈◊〉 Ioppe from the Soldan with other Townes and wrote to the Pope of his successe but the Pope suppressed those newes and gaue forth that Frâ—…derick was slaine tâ—… the end that he might with greater ease surprise certaine Cities of Apulia which stood faithfull to Frederick He slew with barbarous cruelty the Germane and French souldiers newly returned from the Easterne warres least they should tâ—…ll the truth of the Emperours good successe And when Frederick sent to him to be absolued for his seruice as the Pope had promised to absolue him if once hee would take that iourney this now hee vtterly denied And moreouer as Naucler reporteth hee enioyned the Knights that were called Templarians and Hospitularians with a strict commandement to vse Frederick no otherwise then a publique enemie This practise of turning the Souldiers which were crossed for the holy warres to the Popes purposes was much vsed by the Popes and the common vse of it made the Princes of Christendome vnderstand that the Popes vsed the pretence of the holy warres when they would bring to effect some particular of their own Thus were great preparations of the French and Germanes gathered by Innocent the third and Honorius the third vnder pretence of the warres of Ierusalem but turned wholly against the Emperour of Constantinople to reduce that Church to the obedience of Rome Thus were other preparations and â—…uch money collected pretended for the holy warres but turned by Maâ—…m the fourth against Peter King of Arragon Thus were the like preparations preâ—…ended for the same warres but imployed by Iohn the two and twentieth against Lodouick Duke of Bauare Prascripâ—…o sacrorum armorum aliâ—… spectauit sayeth Aemylius Pontifex hostem iudioarat Lodouiâ—…um Bâ—…uariae ducem 120. Frederick returning into Italy from the East after all these wrongs hauing both cause and means opportunely offering it selfe to reuenge his wrongs yet resolued not to bee drawne from his milde course He made mâ—…anes to be reconciled to the Pope the Pope would not heare of reconciliation vnlesse he would giue him one hundred and twenty thousand ounces of gold This was the price of his absolution That the Princes of the world might know that his excommunications stand in bloud cruelty and ambition his absolutions in couetousnesse Frederick being thus absolued was receiued by the Pope in a banquet but all was counterfeit cheere For no sooner was Frederick returned into Germany but presently hee vnderstood that the Princes of Germany had receiued directions from the Pope to câ—…use none of his family Emperour after him that the Pope had conspired with his enemies to deiect him from the Empire Frederick prepared an Army to represse the Lumbards who had conspired against him and tooke many Cities in Lumbardy Vmbria and Hetruria The Pope being one of the same conspiracy was so offended at Frederick that he thundred out now the third time his excommunication against him discharging áll his Subiects from their faith and alleageance He made a league with the Venetians and hee called the Lateran Councell wherein the purpose was to depose Frederick Hee commaunded also the heads of Peter and Paul to be caried through the City in solemne Procession And calling the people together in Saint Peters Minister hee made an Oration to them full of commiseration stirring them vp to fight against the Emperour and to take the signe of the Crosse as against an enemie of Christ promising euerlasting life to all that tooke Armes against him 121. The Emperour in whom it appeared that the greatest patience once broken is turned into the greatest furie vnderstanding that the Pope whom he had alwayes sought to mitigate was not to be drawne by kindnesse or faire meanes hearing also that against himselfe as against a Turke or Sarracine the Crosse was giuen brought his Army before the City of Rome and ioyning battell against his enemies put them to an ouerthrow but especially hee declared his indignation against such as had taken the Crosse. For hee commaunded that they should be cut in the manner of a Crosse. Some had their heads clouen in foure quarters crosse-wise The Clergie had first a câ—…owne cut off to the quicke and then were deepely crossed with a sword that as they were called so they might bee in truth signed with a Crosse. The Emperour also vnderstanding that the Popes Legates were sent out to call the Bishops of England and Fraunce to the Councell kept watch in all the wayes that none might come to the Councell He tooke diuers Cardinals and Bishops that were comming by shippe some he drowned others he hanged among whom was the Popes brother Pope Gregory hauing thus raised vp the quiet spirit of this Prince into suâ—…h a rage and knowing no way how to appease him or to rid himselfe out of these troubles which himselfe had procured for griefe died 122. Câ—…lestinus the fourth succeeding would alfo haue succeeded Gregory in the same hereditary spirit of rebellion and sauage crueltie but a sudden death and short gouernment would not suffer him to performe his purpose for within eighteene daies of his Election he was poisoned In his place came Innocentius the fourth who of a most inward friend of the Emperor became a most mortall foe and surpassed all his predecessours in spirituall fury against the good Emperour for when Baldâ—…in King of Ierusalem and Raymond Earle of Tholous laboured to establish peace betweene the Empire and Papacy and had procured for that purpose a meeting the Pope aided by the Fleete of Genua gaue them the slippe and came to Lyons in Fr ance where he called a Synode In this Synode the Pope caused Fred ericke to be cyted personally to appeare and to answere to such things as should be obiected against him The Emperour appeared not but sent thither Thaddaeus Suessanus a famous Lawyer in those daies among other that the Emperour sent Naucler nameth also Petrum de Vineis a learned and eloquent man at that time These pleading for the Emperor declared that he was hindred by such impediments that personally he could not be present and therefore they required with great submisnes on the Emperours behalfe that a conuenient time might be assigned to him wherein he might come and answere This reasonable petition was denied the Pope drew out his terrible toole excommunicating the Emperour absoluing all Princes of the Empire from their Oath and faith moued them to make choice of a new Emperour alleaging many causes falsly deuised as blasphemy periury sacriledge and such like 123. Fredericke after he heard of these proceedings against him made readie for a iourney to Lyons but as he was in the way vnderstanding that
for the better effecting of it it was thought fit expedient to raise vp new Sects of Friars which might be wholly at the deuotion and direction of the Pope to dissolue the discipline of the Church to mollifie and corrupt the auncient rigour of Bishops to alter the auncient doctrines and bend them to the Popes purposes and to be resolute and desperate Ministers for establishing the Popes authority and Iurisdiction oueâ—… Kings though it were to the wrack and common disordering of Christendome For these purposes were Friars established at this time And they wrought effectually to these ends For the grauity integrity true honor courage constancy and â—…eputation of Bishops was neuer vtterly ouerthrowne till Friars became Bishoppes then came these corruptions into Bishops Courts Then and neuer before came in these sordidous censures to punish sinne with pecuniary mulcts in Bishops Courts as Iâ—…hn Wiclif doth witnesse then and by them crept in the great corruptions of doctrine And because when the Pope had excommunicated and deposed Princes the Bishops in former times were not onely cold in executing the Popes fury but sometimes withstoode those attempts as new rash and bloudy the Friars were câ—…eated to bee the firebrandes of Christendome for all the Popes furious enterprises 127. The first seruice which the Friars did performe to the Pope was in the execution of his excommunication against the Earle of Tholouse The manner thereof by Mathew Paris and other Writers is described thus Raimundus Earle of Tholouse was much enuied by the Pope for fauouring them who then were called Aâ—…bigenses The Pope without examination of his cause without iudiciall proceeding against the Earle excommunicated him and gaue his lands to Simon Montford Which gift when Simon claimed in a parly before the Popes Legate the Earle defended his right and entreated the Cardinall the Popes Legat to come to his Cities And if hee found any that held any erroneous point of doctrine he promised it should be reformed And hâ—…rein the Earle promised his best helpe and assistance to the Cardinall So confident was the Earle knowing that no errour in doctrine could be found in his people knowing also that the quarrell was not then for doctrine but onely for Iurisdiction And this thing the Cardinall well vnderstanding would not make any examination of thâ—…ir Doctrines Onely it was concluded that the Earle and his people must be vndone and no other agreement might be admitted but this that the Earle must depart from his inheritance and suffer his people to be at the Popes pleasure The Legat hauing a purpose to raise great summes of money through Fraunce for this seruice applied that businesse and in the meane time this new generation of Friars were sent and dispersed in euery corner of France to incite men to take the Crosse and fight against the Albigenses 128. But especially and aboue all other the new start-vp S. Dâ—…inick was a man of great vse imployment in this seruice He went like a fire-brand through France and stirred vp both Princes and people to take the Crosse and to fight against the Earle and his people as against Turks Saracines The French King himselfe tooke the Crosse. The King and the Cardinall raised an Army of fifty thousand fighting men besides Wagganers Victualers c. And came before Auinion the Earles chiefe City In the siege there were two and twenty thousand of French slaine and drowned the Citizens valiantly defending the City In the meane time King Philip died and King Lewes who succeeded him died also in the Camp before Auinion The Cardinall perceiuing that the City was so well defended that all the losse fell on the besiegers seeing that by direct meanes he could not preuaile he put of the Lyons skinne and put on the skinne of the Fox and so preuailed by falshood in the end For he tooke a solemne Oath that if the people would let him in and the Bishops who were with him they would onely examine them of their faith and Religion and would attempt no other thing The people being well assured that for matters of faith and Religion nothing could be found against them assented to the motion of the Cardinall Whereupon the gates were set open to the Cardinall and so the City was betrayed For with the Cardinall and Bishops the French Souldiers thrust in and tooke the City By this meanes was Auinion brought first vnder the Popes yoakâ—… and made afterward the chiefe City of his residence for a time For Clement the fift in the yeare one thousand three hundred and fiue translâ—…ted the Popes seate to Auinion from Rome where it remained for the space of threescoâ—… and fourteene yeares 129. Though afterward the Earle repairing his Armie gaue the French diuers ouerthrowes yet could he neuer recouer this great losse Fasciculus Temporum witnesseth that because tho Albigenses were ouerthrowne by them that bare the Crosse therefore the Pope instituted a new Order of Friars called Crâ—…ciferi In all this action the industry and valour of Doâ—…nick is much celebrated by the Stories of this time the whole praise of this ouerthrow is attributed to him Of him Platinâ—… witnesseth thus much Quos Albingâ—…nses Dominicus 〈◊〉 â—…ritate compescuit adiuâ—…ante etiam Siâ—…one Montiforti non enim disputationibus verum armis opus fuit adeo 〈◊〉 tâ—…nia haeresis That is Dominick did tame the Albingenfes in a marueilous short time by meanes of the Armie which Siâ—…on Mâ—…ford brought For that heresie was so rooted that there was no vse of Disputation but of armed prouision against them Then we see that the first Order and Institution of Friars was founded in blood and treacherous practises against the State of Princes that withstood the Popes Iurisdiction And herein the Popes end may appeare in aduancing Friars not by disputations to search out a truth but by force and armes to oppresse the Popes aduersaries and so to fill Christendome full of blood and rebellions Conradus and Mamphred Kings of Sicily 130. THe next Prince that felt the stroake of the Popes Tâ—…derbolt was Mamphred King of Sicily Sicily with Naples being the auncient right of the Empire the Popes hauing gotten so much of that which before was the Emperours were desirous to haue this also to helpe the patrimonie of poore Sainâ—… Pâ—…ter After the fall of the Empire the Moores had taken Apulîa and Sicily and held those lâ—…ndes by force vntill one Robert Guiscard comming out of Fraunce with an Army draue out the Moores and first wonne the Dominion of Apulia and after in like sort of Sicily The Kingdome of Sicily he gaue to his brother Roger Rogâ—…r left it to William These men possessed it by the right of Conquest driuing thence the and Infidels But the Pope hauing no other Title but because he must succeede the Emperor in Italy first excommucated and deposed William After this Otho the fourth whom the Pope raised vp in rebellion against Philip got the
great learning and iudgement I will record heere some obseâ—…uations of his for it seemeth that he had a purpose to reâ—…ute that former worke of Triumpâ—…us though the truth is hee nameth not Triumphâ—…s throughout all his booke concerning this point of Iurisdiction one especiall ground which hee layeth is this Ab â—…fficio principatâ—…s siâ—…e 〈◊〉 iurisdiction is 〈◊〉 soâ—… coactiuâ—… 〈◊〉 cuiuslibet in hoc sâ—…lo Christâ—…s seipsum Apostâ—…los exclusit 〈◊〉 vâ—…luit That is Christ hath excluded and purposed to exclude hiâ—…selfe and his Apostles from principalitie or contentious iurisdiction or regiment or any coactiue iudgment in this world Which thing he prouâ—…th at large both by Scriptures Fathers because Christ â—…aith his kingdome is not of this world by which words coactiue Iurisdiction is excluded as was the doctrine of Christ such was his example of obedience for he was alwayes subiect to the coactiue power of the Magistrate Thus by the â—…ound and cleere Scriptures with the expositions and iudgement of the ancient Fathers he resuâ—…eth that noueltiâ—… which had no other ground then the Popes decretals 8. Therefore he examineth the authority of the Popes deâ—…retals and giueth a learned and iuditious distinction declaring thereby how the Pope may bee obeyed or not obeyed commaunding against the Emperour for saith he if the Emperour commaund any thing against the law of God and the Pope commaund things agreeable to that law thou must ouâ—… of doubt obey the Pope and not the Emperour But if the Emperour commaund something according to his imperial law the Pope command somthing according to his decretals against the imperiall lawes no man subiect to the Emperour ought in such things to obey the Pope Which thing he proueth at large because the ciuill Magistrate beareth the sword because he is the Minister of God the reuenger of disobedience because euery soule is subiect to him Which things saith hee are not spoken of any spiritual Gouernour but of the Temporall Magistrate For the Goueâ—…nours to whom in coactiue Iuâ—…isdiction we must obey are such as by armed power defend their Countries and people which in no case can agree to a Bishop or Priest 9. By such reasons he proceedeth and proueth infallibly his purpose and conclusion that no spirituall Gouernour hath from Christ any Iurisdiction coactiue but this power is left wholly in the hands of the ciuill Magistrate And thus doth cut in sunder the sinewes of their disputations who plead for the Popes Iurisdiction which Iurisdiction they make to consist in power coactiue Of the Popes decretals which then were lately deuised Lawes against the auncient Iurisdiction of the Church as also against the Iurisdiction of Princes he saith Vt ipsi fabulantur in sâ—…is decretalibus quâ—… secundum veritatem nihil aliud sunt quà m ordinationes quaedam Oligarchicae quibus in nullo obedire tenentur Chrsti fideles in quuntum hâ—…smodi That is As they bable in their decretals which in truth are nothing but certaine Oligarchicall ordinations to which Christians are in no case bound to obey as they proceed from the Pope Wherein he deliuereth thus much that these Canon lawes or decretals ought to haue no force among Christians vnlesse they be confirmed by the lawes of the land and by Princes in their Dominions so many as Princes shall thinke fit for the gouernment of the Church in their proper Dominions may be established being established ought to be obeyed but not as the Popes laws vse but as the laws of those Princes for that is it which Marsilius saith the decretals are not to be obeyed in quaÌ„tuÌ„huiusmodi Now that all coactiue power is by God deliuered to the Temporall Magistrate hee prooueth solidly from these words he is the Minister of God to take vengeance by vengeance all coactiue power is vnderstood Neither doth he denie but that the Church gouernours may execute coactiue power but then they must haue it from Princes and from such Temporall powers which haue the same Which being expresly and distinctly written by him three hundred yeres agoe is no other thing then that which we now maintaine at which our aduersaries seeme to wonder as at some new doctrine neuer heard before when the same truth after the saâ—… manner beene maintained by the learned men that haue handled this question before vs. Nec in quenquam presbyterum saith he aut non pres byterum conâ—…enit coactiâ—…am in hoc saeculo Iurisdictionem habere quenquam Episcopum siâ—…e Papam â—…isi eadem siâ—…i per humanum legisâ—…atorem concessa fuerit in cuiâ—…s potestate semper est hanc ab ipsis reuocare That is No man Priest or not Priest can haue Iurisdiction coactiue in this world Bishop or Pope vnlesse it be granted to them by the humane law-maker in whose power it is at his pleasure to recall it from them 10. Concerning the right of calling Councels his determination is this If a cause of religion rise in question the Pope saith he may signifie the same to the chiefe Temporall Gouernour but the authority of gathering and calling the Councell belongeth to him that hath coactiue Iurisdiction and ought to bee gathered by his coactiue precept When it is gathered he leaueth the first and chiefe seat therein to the Bishop of Rome hee giâ—…eth him the honour to propose the matter to collect all together that is spoken to communicate the things determined to others and to excommunicate the transgressors And all this to doe not at his owne pleasure or vpon his owne head sed ex concilij sententia onely by the direction of the Councell This principality he yeeldeth to the Bishop of Rome and to that Church so long as thus it standeth and so long as it doth nothing to the contrary whereby this honour may be iustly withdrawen Secundum quâ—…m modum saith hee Romanae vrbis quamdiâ—… extiterit obicemque ad hoc non apposuerit populus ille c. poterit licitè ac debebit iâ—…m â—…ict a principalitas in Episcopo Eccleâ—…a continue reseruari That is According to which maner this principality may lawfully and ought to be reserued alwayes for that Bishop and that Church as long as it thus standeth and doth nothing to the contrary This honour if the Pope would haue held himselfe contented therewith might long time enough beene reserued vnto him But when this could not content him but he must haue all Iurisdiction ouer the Church and ouer secular Princes if he finde not that honour yeelded to him which hee expecteth he may thanke himselfe because he hath procured his owne contempt and by vsurpation of vndue honour he hath lost that which though it was not due to him yet from some custome was giuen might haue beene continued to this day if himselfe had not caused the Church to withdraw it For saith mine Author Licet circa 〈◊〉 Ecclâ—…sia 〈◊〉 Episcopi Ecclesiae fidelium neque diuina neque
thus For other learned men deuoted to the seruice of the truth entred into a further search of this Iurisdiction among whom Michael Cezena and William Occham were famous The occasion whicâ—… stirred them vp to make search of this point was this Michael Cezena Generall of the Order of the Minorites refuted three Constitutions of Pope Iohn the two and twentieth Ad conditorem Canonum Cum inter Quia quorundam These hee refuted and sent his bookes abroad against these Constitutions whereupon Iohn the two and twentieth depriued him and disabled him from taking any other dignity But Michael appealed from the Pope 15. Here arose the question whether a Christian might appeale from the Pope William Occham once a worthy fellow of Merton Colledg in Oxford vndertooke this question disputeth it throughly in that booke which he intitleth Opus nonaginta dierum He concludeth that a man may and might appeale from the Pope and that a Councell is aboue the Pope And saith that many moe learned men wrote diuers bookes at that time for confirmation of the same truth wherein they alleadge strong reasons to proue their purpose and answere all doubts De ista materia saith he plures libri prolixi sunt editi in quibus praedicti 〈◊〉 motiua adducunt quam plurima obiectiones refellunt quae possunt oriri dubia declarare nituntur That is Of this matter many long bookes set forth wherein these foresaid Disputers alledge many reasons refute obiections and seeke to cleare all doubts that can rise Of the Pope he saith thus Iohâ—…es 22. coâ—…scius 〈◊〉 suorâ—… ad iudiciâ—… generalis concilij veâ—…ire recusat That is Pope Iohn the two and twentieth his owne consciâ—…nce accusing himselfe of his errours refuseth to come to the iudgement of a Geâ—…erall Councel Thus the Pope hath euer bin affraid of a General Councell since the time that first he vsurped Iurisdiction The same Author confuteth the Constitutions of Iohâ—… the two and twentieth first by Scriptures then by Canons of Councels and testimonies of holy Fathers and last of al by the determination of the Church of Rome And for this question of Iurisdiction because the Popes then began to chalenge tempâ—…rall Iurisdiction ouer Princes his assertion is â—…eatus â—…etrus non fuit vicarius Christi quantum ad officium regâ—…i temporalis nec in â—…omporalibus qusbâ—…e That is S. Peter was not Christs Vicar in respect of a temporall Kingdome nor in respect of any tempoâ—…alities whatsoeuer Which Assertion he proueth thus If it were so that S. â—…eter were Christs Vicar in temporall Dominion then should S. Peter haue Iurisdiction ouer Emperours and Kings but this the Popes themselues denie for Pope Nicholas saith thus Quuâ—… ad verâ—… veâ—…tum est nec Imperator iura sibi Pontificatâ—…s c. That is When we come to know the truth neither hath the Emperour taken vpon him the right of the Pope nor the Pope vsurped the title of the Emperour for one Mediator of God and man Iesus Christ hath distinguished the Offices of both these powers by their proper actions and distinct dignities Ex hiâ—… saith Occhaâ—… datur 〈◊〉 quod Rom. Pontifex ex successione Petri non habet Iurisdictionem temporalem super 〈◊〉 That is Hence we may vnderstand that the Pope by succeeding Petâ—…r hath no temporall Iurisdiction ouer the Emperour 16. Against this determination he moueth some obiectious or rather taketh the â—…easons of 〈◊〉 Triumphus and maketh them his obiections though he suppresse the name of 〈◊〉 The obiectious are these First The Pope deposeth Kings 15. qu. 6. cap. aliâ—… Secondly The Pope trauslated the Empire Extra de Elect. cap. venerabilem Thirdly The Emperor taketh an Oath of Alleageance These are the reasons of Augustiâ—… Triumphus whereunto he aunswereth thus To the first he saith Rationâ—… eriminis habet spiritualâ—…m Iurisdictionem non temporalem That is In respect of some fault hee hath spirituall Iurisdiction but not temporall Then all the Iurisdiction which the Pope or any other Bishoppe hath is onely spirituall in his opinion in respect of sinne which may be censured by spirituall censures But a power to depose Kings includeth temporall Iurisdiction To the second he saith The Pope translated the Empire Non in qâ—…antum successor Petri sed authoritate Romanorum qui sibi potestatem huinsmodi concesserant That is Not as the successour of Peter but by the authority of the Romanes who graunted him that power To the third he saith the Emperour that first tooke an Oath of Alleageance did it from deuotion and humility and therefore afterward refused it Marfilius answereth to this last obiection somewhat otherwise for he vtterly reiecteth the testimony of that Canon that witnesseth that the Emperour tooke an Oath of Alleageance Intaâ—…tum vero ipsorum quidam prorupit aâ—…daciam saith Marsil vt in suis edectis expresserit Romanum Principem sibi iurameâ—…o fidelitatis ástringitanquam coactiâ—…a Iâ—…risdictione subiectum vt ex suarum narrationum quas decretales appellant derisibili contemptâ—… prorsus inuolucro septimo de Sent re iâ—…dicata palam se inspicientibus offert That is One of them to wit Clement the fift hath broken out in such impudency in his Edicts that he affirmeth the Emperor is bound to him by an Oath of Alleageance as subiect to him in coactiue Iurisdiction as is openly to bee seene in 2. de Sent. re â—…udic out of that ridiculous and most contemptible collection of their Narrations which they call Decretals 17. But to returne to William Occham and Michael Cezena in whose cause Occhaâ—… was ingaged Michael was deposed by Iohn the two and twentieth in Iune in the yeare of Christ one thousand three hundred twentie and eight in his behalfe letters were directed to the Chapter of the Minorites assembled in Parpinian and Auinion in the yeare one thousand three hundred thirty and one These letters were subscribed by Henricus de Chalchem Franâ—…iscus de Esculo and Guilielmus de Occham not onely these men fauoured his cause but those two famous Vniuersities Oxford and Paris did approue the same Whereuppon Michael being arrested by the Pope did appeale from the Pope Consider the nature of his appeale for it openeth the sense and iudgement of learned men then liuing being approued by the greatest learned men then liuing and by all the learned men of that order in England and in Paris for so it is said there Quae determinatio fuit etiam ab omnibâ—…s Magistris baccalarijs in sacra pagina de Parisijs de Aâ—…glia dicti ordinis approbata Vâ—…iuersis Christi fidelibus destinata That is Which determination was also approued of all the Masters and Bachelours in Diuinity of the said order of Paris and England and directed to all Christians I will set downe the forme of his appeale as in the same place I finde it expressed and thus it is Habito prius
magno maturo consilio ab ipso Domino Iohanne à dicta eius assertione arrestationâ—… infratempus Legitimum meo nomine omnium fratrum mihi adhâ—…rentium Uolentium ac dictâ—… ordinis secundum quod tradunt Canonicâ—… sanctiones ad sanctam Romanam Ecclesiam Catholicam Apostolicam appello That is After great and mature deliberation first had I appeale from the same Pope Iohn and from his said assertion and arrest within lawfull time for my selfe and for all my brethren that do adhaere or will hereafter adhaere to me and for the said Order according as the Canonicall Constitutions doe allow vnto the holy Romane Catholicke and Apostolicke Church In which place he professeth that he doth this by the example of diuers other who had done the like before 18. From whence I would obserue some things declaring the sense iudgement and religion of the men that then liued And first where he saith that he doth this by great and mature deliberation and that herein he hath the approbation of diuers learned men of diuers Vniuersities and that hee doth it by the examples of such as were before him we note that this is not the iudgement of one man but of the most famous learned men of this age For farther confirmation hereof we obserue also that Naucler speaking of this particular and of the cause of Lodouicke Emperour saith that many learned and godly men of Christendome held that Pope Iohn the two and twentieth was an Hereticke conuict of assured errours Iohannem Papam saith he magni multi theologi scientia vita probatidogmatizabant esse haereticum propter cersos errores And speaking of the learned men that wrote against the same Pope he nameth Dante 's and Occhaâ—… among other This agreeth with that which OcchaÌ„ witnesseth of this Pope that his own conscience accusing himselfe of his errors he durst not come to the iudgement of a generall Councell Then I note not here onely the iudgement of these learned men but the sense and iudgement of Christendome of a generall Councell of the Church of Rome For Cezena and Occham who was combined with Cezena in this cause would neuer haue appealed to the Church of Rome or to a generall Councell then representing that Church vnlesse they had been fully secured herein that the Church to which they appealed had condemned the errours of the Pope from whom they appealed They then knowing the sense and iudgement of that Church appealed from the Pope to it â—… which thing is further also confirmed by that which he saith in his appeale Secundum quod tradunt Canonicâ—… sanctiones as the Canonicall Constitutions deliuer then the Canons of the Church allow and approue such an appeale howsoeuer since this time the Popes haue alteâ—…ed the Canons and discipline of the Church yet then this discipline was in force and acknowledged through Christendome that the Pope might be censured in a generall Councell 19. Another thing which we obserue in this appeale is a remarkeable distinction famously obserued in the sense iudgement and religion of the men of this age betweene the Church of Rome and the Court of Rome For Cezeâ—…a after that hee hath appealed from the Pope to the Church of Rome complaineth much of the Court of Rome as being wholly gouerned by the Pope from whence he appealing to the Church of Rome declareth euidently that by the Church of Rome he vnderstood another thing then that which our aduersaries now cal by that name an assembly whereof the Pope is the heade which are wholly to be guided gouerned and directed by the Pope This is now commonly called the â—…hurch of Rome but at this time wherein Cezeâ—… liued the Church of Rome was vnderstood to be a free lawfull holy generall Councell assembled of the Churches of these Westerne parts of Christendome This is the Church of Rome which our forefathers haue so much honoured The sentence of this Câ—…urch they reuerence 〈◊〉 authority of this Church they acknowledge appealing from the Popes sentence as vniust reâ—…ecting his authority as vnlawfull still resting in the iudgement of the Church of Rome This declareth that the Pope may bee separated from the Church of Rome though not from the Court of Rome Now separate once the Pope from the Church of Rome as by these appeales it must so be vnderstood and then it followeth by infallible â—…nference that the Church of Rome as now it is commonly knowne by that name is no other thing then that which â—…se learned men called the Court of Rome and that this prâ—…ent Church of Rome is not that which our fathers called the Church of Rome It is not the same thing for from that Church of Rome the Pope might be separated from this he cannot From the Pope to that Church a Christian might appealâ—… which sentence was iustified by the most learned that then liued From the Pope to this Church there is no appeale Thus much I obserue from this appeale and from the appeale of Lodouâ—… the fourth Emperour which before we haue declared being to the same end and agreeing in the same forme with this being from the Pope to a generall Councell which also he calleth the holy Church of Rome In which same manner did Philip King of Fraunce appeale from Pope Boniface besides diuers other who vsed the same course as Michael Cizena witnesseth 20. Hence riseth this Corollary that the reformed Churches haue made no separation from the Church of Rome but onely from the Court of Rome And that the Pope and his Court that is Friars and Canonists who depend wholly vpon him terming themselues now the Church of Rome haue made the separation and haue altred the auncient bounds of the Church and plucked vp the old hedge which was the partition between the Church and Court of Rome Thus they reteyning onely the name haue chaunged all things and turned them vpside down So that albeit that which I shall say may seeme a strange Paradox yet it is a truth which will euery day bee more and more knowne and confessed The auncient Church of Rome yâ—… euen that Church of Rome which stood in the world before the Councell of Trent can now bee found no where in the world but among Protestants Marsilius Pâ—… obserued the beginning of this alteration thus Apud Mâ—…rnos Ecelesiâ—… 〈◊〉 importat ministros Presbyteros Episcâ—… c. 〈◊〉 Ecclesiâ—… Rom â—…rbis hoâ—… 〈◊〉 obtinuit cuius ministri praâ—…identes sunt Paâ—…a Râ—… Cardinâ—… ipsius qui 〈◊〉 ex usu quodâ—…â—…runt dici 〈◊〉 The Church importeth as much as Ministers Priests Bishoppes in late vse c. as the Church of the Citie of Rome hath now obtained this name whose Ministers and Gouernours are the Pope and his Cardinals who now from a certaine vse are called the Church But that vse was but late brought in especially by Friars for the auncient vse of this which was also long continued
the greater and more diuine power that is giuen them for edification not for destruction are bound the more to exclude and root out these wicked distroyers from the Church of God And therefore hee auerreth that the Pope cannot commaund such a sinne as this to be done So hatefull and detestable so abhominable to Christ so pernicious to man For this were an vtter defection from power and Iurisdiction a corruption and abuse thereof and a remotion from the throne of glory and a session in the chaire of pestilence and in eternall shame in hell next in place to those two great Princes of darkenesse Lucifer and Antichrist And because in such things no man ought to yeeld his obedience but is bound to disobey therefore he saith thus Out of duety and obedience and out of the loue of vnion with the bodie of Christ I vtterly reiect and resist these letters especially because they vrge me to such a sinne as is euidently abhominable to God and pernicious to man and because they are contrary to the holinesse of the sea Apostolike and against the Catholicke faith Filialiter obedienter non obedio contradico rebello And vnto that Sophisticall shift of Plenitudo potestatis whereby they vsed to cast a colour ouer these practises he aunswereth in such a sort as giueth a short rule of vnderstanding this fulnesse of power for thus he saith Breuiter autem recolligens dico Apostolicae sedis sanctitas non potest nisi quae in aediâ—…icationem sunt non in destructionem haec est enim potestat is plenitudo omnia posse in aedificationem That is Briefely recollecting what we haue said we say the holinesse of the sea Apostolicke cannot doe any thing but that which is for edification and not for destruction for this is fulnesse of power to be able to doe all things for edification In which sense who would haue denied the Pope a fulnesse 27. When this letter came to the Pope Nonse capiens prae ira saith mine Author quis ait est iste senex delirus surdus absurdus qui facta audax temerarius iudicat Per Petrum Paulum nisi me moueret innata ingenuitas ipsum in tantam confusionem praecipitarem vt toti mundo fabula foret stupor exemplum prodigium Nonne râ—…x Anglorum noster est vassallus vt plus dicam mancipium qui potest eum nutu nostro incarcerare ignominiae mancipare That is The Pope not being able to hold for anger said who is this foolish deafe absurd old man that with such rash présumption iudgeth our acts By Saint Peter and Saint Paul if mine ingenuous good nature did not stay me I should hurle him into such a confusion that he should be the fable of the world an astonishment an example a monster Is not the King of England our vassall or to say more our slaue who is able at our becke to imprison him and to appoint him to ignominie But the Cardinals appeased his holinesse especially Cardinall Egidius Hispanus who fearing that the Pope might prosecute some courses of extremitie against him as afterward hee did tolde him that it was not fit to vse that man hardly The things which he writeth quoth the Cardinall are true we cannot denie them or condemne him he is a Catholicke and holy man more religious more holy of a more excellent life then we are there is not thought to be a greater Prelate this day liuing no nor comparable to him All the Clergie of France and England know this to bee true hee is esteemed also a great Philosopher in the Latine and Greeke languages famously learned a man zealous of iustice a reader of Diuinitie in the schooles a preacher to the people a louer of chastitie a hater of Symonie c. The Cardinals therefore aduised the Pope to dissimulate the matter least some tumult might arise saith mine Author 28. And marke well why they feared that a tumult might rise in the Church about this matter this reason Mat. Paris relateth in these words Consilium dederunt Cardinales Domino Papae vt omnia haec conniuentibus oculis sub dissimulatione transire permitteret ne super hoc tumultus excitaretur maxime propter hoc quia scitur quod quandoque discessio sit ventura That is The Cardinals gaue this aduise to the Lord Pope that hee would winke at all these things and passe by them as dissimulating least a tumult might arise especially for this cause because it is well knowen that once there shal come a departure Let this be obserued It was written long before M. Luther was borne The Pope and the Cardinals knew long before that once a departure should bee made from the obedience of the Pope and therefore Robert Grosthead did put them in great feare least he might be the man that might worke this departure Then it seemeth in the iudgement of the Cardinals that he who first should worke this departure must be an excellent godly and learned man such one as Grosthead was then knowen to be But if Grosthead had done that thing then which vpon the like occasion Luther did afterward wee should haue heard him reuiled for the rankest hereticke the most wicked and vngratious man that euer liued as now Luther is by them who vsâ—… to curse where God blesseth and to blesse where God curseth Then they were in feare of Grosthead thought that this departure could not bee done but by some such excellent man And what hath M. Luther done but that which Grosthead was prouoked to do or who could doe otherwise that keepeth Grostheads principles 29. The godly zeale of this man is further declared by Mat. Paris who recordeth certaine Discourses and actions of his against the Popish practises Improbos Romanistas saith he praceptum habentes Papale vt eis prouideretur quasi venenum odit serpentium Dicebat enim quod si animarum custodiam ipsis traderet Satanâ—…zaret vnde saepius proiectis literis Papalibus bullatis talibus mandat is praecisâ—… contradixit The wicked Romanists that brought the Popes letters for prouisions he hated as the poyson of serpents for he said if he should commit the custody of soules to them that then he should play the diuels part Wherfore often he threw away the Popes bulled Letters precisely contradicting such commaundements The same Authour noteth a memorable saying that Grosthead was wont to vse Noâ—… liberabitur Ecclesia ab Aegyptiaca seruitute nisi in ore gladij cruentandi That is The Church shall not be deliuered from this Egytian bondage but by the edge of the bloody sword By all which we see the excellent spirit of this man against the spirit that ruled in the Popes and against their Iurisdiction neither are we to thinke that Grosthead followed any other religion then that which his fathers followed before him this is the religion sense and iudgement of the world then that is of all godly and iudicious that then
to disswade the separation producing that out of Augustine Nullam posse causam dari ob quam necessarium sit ad schisma perâ—…enire That is That no cause can bee giuen for which it may bee necessary to come to a schisme But after much dispute at last hee resolueth that the case may be such that the Church may well depart from the Pope Quando sacer Princeps saith he contra sanctorum patrum statuta aliquid praesumit vbi non constat eum ex causa 〈◊〉 aut necessitatis moueri sed ex aliqua particulari indigâ—…a causa time ipse in priora Petri mandata offendit exiens vires potestatis suae Quapropter non esset inconâ—…eniens si pertinaciter in hoc persisteret Ab eo recedi posse per Ecclesiaâ—… That is When the holy Prince presumeth against the lawes of holy Fathers where it appeareth that he is not moued thereto because of the publike good or necessitie but from some particular of his owne and an vnworthy cause then hath he first offended against the former precepts of Peter going beyond the limits and strength of his power Therfore if hee persist therein incorrigibly it is nothing inconuenient for the Church to depart from him 58. Then if a Pope make a departure first from the Mandates Doctrines and faith of Saint Peter thus going out of the bounds of his power in this case it is the iudgement of the graue Cardinals of Rome who liued and wrote long before M. Luther was borne that the Church might make a separation from the Pope Iohn Gerson saith as before we heard that this separation may be for a time or for euer Now then whereas this separation is made from the Pope by the reformed Churches there is nothing done but that which the Church had in consultation to doe long before in case the Pope should persist in his pride and transgressions and shew himselfe incorrigible So that it is no maruaile if the Church which hath so long before thought of this departure being thereunto so much prouoked by the intollerable ambition of the Pope hath once performed that thing which was so long in consultation especially seeing the Church hath for the same both the warrant of holy Scriptures which doth fully not only prophesie of this departure which the Pope hath made from the truth and consequently which the Church was to make from the Pope but also giueth expresse commaundement to the people of God to depart from thence Go out of her my people And besides this warrant of holy Scriptures they had also the iudgement of the Church before them which Church whether we consider it in particular members as the learned men principall instructours and preseruers of doctrine or in generall Councels hath as we see oftentimes declared herselfe to bee wearied with bearing the Popes proud and ambitious Iurisdiction and hath beene in great consultation to cast off the yoake of this Aegyptian bondage 59. Now from that booke which this Cardinall Cusanus wrote De 〈◊〉 Catholicâ—… we will obserue some things wherein he declareth his iudgement against this Papall Iurisdiction And first he disputeth against them that thinke the Pope hath more power then other Bishops Oportet primum si hoc verum foret Petrum aliqâ—…d à Christo singularitatis recepisse Papam in hoc successorem esse sed scimus quod Petrus nihil plus potestatis à Christâ—… accepit alijs Apostolis 21. d. in nouo 24. q. loquitur That is First if this be true it must bee graunted that Peter receiued some singular power from Christ and that herein the Pope is his successor but wee know that Peter receiued no more power from Christ then the other Apostles 21. d. in nouâ—… 24. q. loquitur And of this spirituall Iurisdiction he saith thus Cum potestas ligandi soluendi in qua fundatur omnis Ecclesiastica Iurisâ—…ictio sit immediate à Christo quia ab illa potestate ligandâ—… soluendi sit diuiâ—…a Iurisdictionis potestas patet omnes Episcopos forte etiam presbyteros aequales esse quoad Iurisdictionem That is Seeing the power of binding and loosing in which all Ecclesiasticall Iurisdiction is founded is immediately from Christ and because the power of diuine Iurisdiction is from this power of binding and loosing it is euident that all Bishops perhaps also all Priests are equall in respect of this Iurisdiction And againe hee saith Quod vniuersale concilium propriè captuÌ„ scilicet quod vniuersam EcclesiaÌ„ representat sit supra Patriarchas Roman Pontificem credo â—…ubium esse non debere That is I hold it a truth not to bee doubted that a generall Councell properly taken that is as it representeth the vniuersall Church is aboue Patriarches and the Bishop of Rome And againe Papa per Synodum in criminibus etiam alijs quam hâ—…resi iâ—…dicari potest That is The Pope may be iudged by a Synod for other crimes also besides heresie Now for the Iurisdiction of the ciuill Magistrate the same Author speaketh thus Imperator Christianorum in sua praesidentia est Christi vicarius That is A Christian Emperour in his office is Christs Vicar And againe Omnis rex Imperator habet officium Publicum ad Publicam vtilitatem or diâ—…atum Publica vtilitas est paâ—…ad quam ordinantur iusticia iusta praelia principium autem pacis est ad â—…inem 〈◊〉 â—…rigere subditâ—…s media illum 〈◊〉 sunt sacra institâ—…ta religionum quare prima cura Imperialis in 〈◊〉 obseruandis verâ—…ur That is Euery King and Emperour hath a publike office ordinate to the publike good the publike good is peace whereunto iustice and iust warres are ordinated the fountaine of peace to direct subiects to an eternall end the meanes to obtaine that end the holy ordinances of religion wherefore the first and chiefe care Imperiall consisteth in the obseruation of those ordinances And therefore he saith Imperator curam custodiae gerit And againe isto modo imperator dicitur aduocatus vniuerâ—…alis Ecclesiae custos sides orthodoxae Which thing he proueth by the ancient practise of the Church because in the Chalcedon Councell the Emperour Martiaâ—…us is called custos fidei and the Emperour Basilius in the beginning of the eight Councell saith that the gouernement of the Church was by the prouidence of God committed to his hands 60. The same Author speaking further of the office of Kings and of their Iurisdiction in Church affaires and in Councels saith Debent râ—…ges principes Synodos congregare iuxta admonitionem sancts Gregorij ad Theodoricum regem Francorum ex registro 273. Iterata vos per vestram mercedem adhortatione pulsamus vt congregari Synodum iubeatis That is Kings and Princes ought to gather Synodes according to the admonition of Gregory writing to Theodoricus the French King ex registro 273. We moue you with our redoubled petition that euen for that
reward that is reserued for you you will commaund that a Synode may bee gathered Another part of the office of a Prince is saith he Confirmare custodire in concilijs 〈◊〉 which thing hee proueth by diuerse auncient authorities and concludeth that Emperours haue euer had this authoritie Hee saith that in this thing hee had made diligent search and had found this practise continued in all generall Councels vntill the eight Synode inclusiuely In which search saith hee I finde by the acts of all generall Councels aswell in Chalceon as in Constantinople Nice Ephesus that either the Emperour was present in person or some iudges his Vicegerents and those not aboue twentie seldome fifteene but when the Emperour himselfe was present in person I finde saith he that hee was alwayes Presedent of the Councell no other secular Prince hath right to be present in the Councell sauing the Emperour Vnlesse the Emperour appoint some to be present but being present they haue no voice in the Councell but may sit onely to heare this he proueth by that testimony of Ambrose in the cause of faith Bishops are the iudges and not the Emperours 61. And whereas this auncient Iurisdiction of Princes was so disordered by the Pope that by Papall intrusions and incroachments the Princes had well-nigh lost their right and temporall Iurisdiction turned into spiritual Iurisdiction of this he much complaineth and openeth the true cause of all this disorder to be in the insatiable couetousnes of the Court of Rome for thus he saith Rabidus appetitus ad ipsa terrena Ecclesijs annexa Dominia Episcopis ambitiosis hodie inest c. de temporalibus omnis cura de spiritualibus nulla Non fuit ista intentio Impâ—…ratorum non volebant spiritualia à temporalibus absorberi c. dum vacant Ecclesiae semper in periculo schismat is existunt c. Si perelectionem prouidendum est ambitio procurat diâ—…isionem vâ—…torum Si per curiam facilius persuadetur pro plus offerente omnia illâ—… grauamina adueniunt pauperibus subditis curia attrahit quicquid pingue est id quod Imperium contulit pro Deicultus bono publico ordiâ—…auit sanctissime auaritia cupiditate exorta palleatis rationibus nouis adinuentionibus totaliter peruertitur Imperiale efficitur Papale spirituale temporale That is Such a rauenous appetite is in ambitious Bishoppes at this day toward the temporall Dominions annexed to Churches c. all their care is for the temporalties not for spirituall matters this was not the meaning of Princes they meant not that the spirituall labours should be deuoured by temporalties c. Whilst the Churches are vacant there is alwaies some danger of a schisme c. If they proceed by election ambition procureth a diuision of the voyces If by the Court he that bringeth most is best heard and soonest preuaileth And all these greeuances come vpon the poore subiects whatsoeueris fat and rich the Court of Rome draweth to her selfe and that which the Empire as well for the worship of God as for the publicke good hath conferred vpon the Church and ordeined to an holy end all is vtterly peruerted through filthy couetousnesse and certaine painted reasons and new inuentions are deuised to colour it And thus the Imperiall right is now made Papall and temporall right is made spirituall Then these be the obseruations of the learned men of the Church of Rome long before vs that the Pope had intruded vpon the Emperours right now what soeuer the Pope had once practised that must be called spirituall Thus the Iurisdiction of the Emperor being once by cunning or force wrested from the Emperour being found in the Popes hand it was presently called spirituall Iurisdiction as he doth most truely obserue Imperiale efficitur Papale spirituale temporale 62. By all which we find the iudgement of this man to be directly against the Popes pretensed Iurisdiction and for the right of temporall Magistrates when we finde the Cardinals of the Church of Rome to write thus before the time of the contention and before M. Luther was borne wee are not so much to consider their priuate iudgements in these things as the receiued iudgement of the Church wherein they liued that is the Church of Rome from the iudgement of that Church they departed not but in these things do faithfully deliuer vnto vs the iudgement of the same Church standing against the iudgement of the Pope and his Court consisting of Friars and flatterers Thus we see the cause of the Reformed Churches throughly iustified by this learned Cardinall their separation from the Pope and the Court of Rome warranted because the Pope hath first made the separation from the profession of Saint Peter and from the faith of holy Scriptures and the idugement of auncient fathers In which case he granteth that the Church may depart from the Pope and thereby doth iustifie the separation that is made §. VII Aeneas Siluius 63. AT this time wrote Aeneas Siluius afterward called Pope Pius the second he hath written a booke of the actes and proceedings of the Councell of Basil from which I will note some things wherein the iudgement of this man may appeare concurring with the iudgement of the Church of Rome in his time but repugnant to the Pope and his flatterers First handling that Text Tues Petrus super hane Petram c. he saith thus A quibus verbis ideó placuit exordiri quod aliqui verba hâ—…c ad extollendam Rom Pontificis authoritatem solent adducere sed vt statiâ—… patebit alius est vâ—…rborum Christi sensus That is With which words I thought good to begin because some vse to alledge these words to extoll the authoritie of the Bishop of Rome but as it shall soone appeare there is another sense of Christs words Who are they who in the iudgment of this man do peruert the words of Christ Let the Iesuites aunswere and let them giue vs some reason able to satisfie a man of reason why that cause should not bee helde damnable which is condemned by their owne writers their Bishoppes their Cardinals their Popes Let them not tell vs that this Pope Pius was of another mind afterward when he was Pope and before he was Pope he might erre but after he was once Pope he could not erre these bee plaine collusions of them who write such things and illusions of such as beleeue them For it is not possible that any man should write or speake or thinke such things from conscience Shall I thinke that any learned man can thinke in conscience this to bee true that the Pope cannot erre when I heare the testimonie of the Church so full against it When I heare such as come to be Popes refute it before they come to that place When I heare such as haue beene in the place exclaime in the extremitie of desperation that no man in
7. Caluin in Amos 7. 13. Praefat. in Centro 7. 2. Sam. 6. 7. Apoc. 20. 8. 9. De Rom. Pontific lib. 4. cap. 24 Lib. de potest Eccles q. 1. Art 1. Clement lib. 2. de senten re iudic Can. 2. Extrau Com. lib. 1. de maior obed c. vnam sanctam Ierem. 1. 10. Answere to the fift part of Reports Iniunctions An. 1559 and Anno 1562. Ephes. 1. 22. Matâ—…h 18. 1. Maâ—…c 9. 34. Luke 9. 46. Isai. 49. 32. De eccles militant lib. 3. ca. 13 De potest eccles qu. 1. art 1 Lib. 5. de Rom. pont cap. 6. Lib. 4. cap. 22. de Rom. Pont. What is the Iurisdiction in question De potest Eccleconsid 4. Gen. 14. 19. Gen. 9. 26 27. Gen. 27. 29. Gen. 4. 26. Gen. 9. 26. 27. Num. 3. 12. 8. 6. Lyra in Num. 3. 12. In Num. 8. 16 In Gen. 14. Plato in politic Arist. 3. de repub Cic. 1. de diuinat Clem. Alex. str 8. Heb. 5. 4. 10. H. 7. 18. Jren. li. 4. ca. 43. Tertul. prescript Num. 3. 12. 8. 6. Num. 3. Gen. 36 31. Deut. 33. 5. Num. 3. 3. Deut. 17. 12â—… Verse 11. Act. 25. 23. Act. 21. 13. Act. 25. 18 19. Act. 23. 3. Act. 25. 10. Iâ—…s 5. 2. Sam. 6. 1. Paral. 16. 1. Paral. 24. 2. Paral. 6. 2. Paral. 15. 2. Chron. 19. 5 6. â—… 8. 9. 10. 11. Answere to the first part of reports c. 9. 2. Chron. 26. 1. 2. 3. 4. Rom. 13. 4. Psal. 82. Mat. Tortus Papiensis Exod. 4. 16. Moses Legislator interpres Dei. Ioh. 10. 35. Malach. 2. 7. 2. Reg. 11. 12. Deut. 17. 18. Psalm 99. 6. So 2. Sam. 20. 26. Where Tharg hath a Prince or mighty Num. 33. 39. Deut. 34. 7. Num. 27. 17. 18. Deut. 31. 14. Ios. 1. 17. Exod. 24. 5. 2. Reg. 23. 2. 2. Chron. 26. 1. Reg 2. 26. Mat. 18. 18. Joh. 20. 23. Answere to the fift part of Reports Mat. 16. 18. Joh. 20. 15. Serm. pro viagio regis Rom. direc 1. Lib. de gestis Basil. consil 1. Act. 14. 23. Titus 1. 5. 2. 1. Tim. 1. 3. Tit. 1. 11. Apoc. 2. 20. Tit. 1. 5. 7. 10. 11. 1. Tim. 1. 3. 1. Tim. 5. 19. 4. Acts 15. 6. 7. Acts. 5. Lib. 5. Lib. 3. cap. 3. Cyprian Epist. 75. Epist. ad Euagrium Lib. 5. Lib. 2. ca. 57. 1. Tim. 1. 3. Ambrose lib. 4. Epist. 32. Idem ibid. Orat. in Auxent Lib. ad Constantium August Theodoret. lib. 5. cap. 32. Lib. 3. epist. 20. De sacerdotio lib. 3. August epist. 9. Synes epist. 57. Mat. 18. 1. Marc 9. 34. Luc. 9. 46. Luke 10. 1. Cypr. lib. de vnitat Eccle. Hiero. ad Euagrium tom 2. Lib. 5. cap. 7. de Rom. Pont. Iohn 18 36. Mat. 2. 3. Joh. 15. 19. Iohn 18. 36. Mat. 5. 44. Iust. apol 2. Plin. epist. li. 10. Tertul. apoâ—… cap. 39. Optat. lib. 3. De ciuit dei lib. 5. cap. 21. Lib. de natur boni aduers. 〈◊〉 cap. 2. Expositio quarund questionum ex epist. ad Rom. proposit 72. Orat. in Auxent Lib. indist 11. cap. 100. Elias Thisbet verbo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Euseb. lib. 5. ca. 24. Euseb. ibid. Rom. 12. 10. Titles of honour giuen to other Bishops as much as to the Bishops of Rome Basil. Epist. 55. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lib. 6. Epist. 1. Lib. 6. Epist. 4. Lib. 7. Epist. 4. Lib. 6. Epist. 7. Euseb. lib. 7. cap. 23. 24 25. c. Damnatur ab omnibus quae sub coelo sunt Ecclesiis Christi Euseb. ibid. Omni Ecclesiae Catholicae quae sub Coelo est ibid. Euseb. lib. 7. cap. 4. 5. Cyprian Epist. 55 Ibid. Optatus lib. 1. Euseb. li. 10. ca. 5 Theodoret. lib. 1. cap. 19. Socrat. lib. 1. cap. 33. 34. Russin hâ—…tor Eccle. li. 10. ca. 1 Lib. 2. Tom. 2. heres â—…8 Hieron in chron catalog Ruffi li. 10. ca. 27 Platin. Liberio Theodoret. lib. 2. cap. 16. Lib. 7. cap. 46. Sozom. lib. 1. ca. 9. Tripartit lib. 1. cap. 9. Arift Elench Euseb. lib. 4. de vita Constantini Socrat. lib. 1. cap. 23. Ambios Epist. ad Theodos. August Epist. 162. et â—…libi Socrat. lib. 4. cap. 2. Prosper in Chroniâ—…is Leo. Epist. 12. Ibid. Epist. 17. Epist. 24. Epist. 31. Bellarm. de concil cap. 12. Bellar. Ibid. Leo Iunior Act. 18. Synodus sextae Regist. ca. 273. Cusanus lib. de Cath. concordantia 3. cap. 19 Prosper in Chrenicis Concil Affrican cap. 101. Concil Carthag 6. Concil Carthag 6. cap. 3. Concil Affrican cap. 101. Concil Affrica cap. 105. Concil Affrican cap. 105. Quaecunque negotia in suis locis vbi orta sunt finienda nec gratiam spiritus S. vnicuique Prouinciae defutâ—…ram Apoc. 9. 2. Concil Affrica cap. 92. Cyprian Epist. 55 Concil Mileuit cap. 22. Epist. 2. Bonis 2. inter decreta eiusdem Epist. Stephanâ—… 3. apud Sabellicum Platin. Stephano 9. Lib. 4. indict 13. Epist. 82. Epist. 36. lib. 4. Bellar. de Rom. Pont. lib. 2. cap. 31. Bellar. de Rom. Pont. lib. 3. cap. 13. Bellar. ibid. â—…aub VVarnefrid Pâ—…uca Vspergens Chronic Platin. Bonifac 3. Vol. 2. Generat 21. In chronic an 726. Naueler Voâ—… 2. generat 25. Uspergensis Nauâ—…ler An answere of a Catholike Diuine to the fift part of reports of Sir Edward Cooke P. 123. Platin. Leone 3. Naucler gener 27. Theodor. de Niem Paulus Diacon Sigebert Palmerius Sigebert In Synodo Francsord Aser praefat ad Alphredum Metrop Crantzij lib. 2. cap. 29. Beno Cardinal in vita gestis Hildâ—…brand Auent lib. 5. Annal. Beno Cardinal Naucler 2. generation 36. Auentin lib. 5. Naucler 2. generation 37. Tertul. apol ca. 5 Naucler Vol. 2. gener 36. Beno Cardin. Lib. 2. Cap. 14. de Rom. Pont. Anaclet Epist. 1. Ibid. Anaclet Epist. 2. Euarist Epist. 2. Euseb. Epist. 1. Anaclet Epist. 3. Sixtus Epist. 2. Zepherin Epist. 1 Marcel Epist. 2. 2. 3. 4. Concil Trid. sess 4. decret 1 Bellar. de verbo Dei non scrip lib. 4. cap. 9. Paul Iouius li. 2. historiarum Iouius ibid. Card. Contaren tract de iustificatione The Councell of Trent Not a generall Councell Iohn Sleidan lib. 11. Sleidan lib. 22. The Councell of Trent not free Sleidan lib. 23 Lex diuina praxis Christi Apostolica Ecclesiae primitiuae vna cum consilijs doctoribusque fâ—…ndantibus sâ—… veraciter in eadem pro verissimo indifferente iudico in hoc Basiliensi consilio ad mittentur consili Basil. sess 4. Epist. 4. The Councell of Trent not a lawfull Councell Sleidan lib. 19. Sleidan lib. â—…6 Sâ—…eidan lib. 23. Sleidan lib. 17. Sleidan lib. 14. Sleidan lib. 17. VViclifâ—…s complaint to the King and Parliament art 1. Fasciculus temp The first cause of persecution by Popes not for doctrine but for Iurisdiction Reinerius VViclife lib. de sundam legum Angl. cap. 36. pag. 42. 4. Companit pag. 9 Ibid. pag. 14. Treat against Friars pag. 19. p. 24. p. 2â—… p. 55. p. 3â—… p. 40. p. 28. p.
they whom he had banished from Parma were returned thither by the Popes practise and taking the Towne by force had giuen a great ouerthrow to the other Citizens fearing least this example might draw other Cities to the like reuolt he gaue ouer the iourney to Lions and wrote Letters to the French King and all Prelates refuting the Popes friuolous obiections declaring the iustice of his cause and his innocency Innocentius regarding neither iustice nor innocency pursued him by violence malice open warres secret conspiracies seeking all meanes that his vnholy head could inuent to take away the life of Fredericke As he was taking his recreation in hauking at Grossetum by the Sea shore neare to Sien the Pope drew his owne seruants to a conspiracy the conspiracy was detected and the traytors had the reward of their treason Innocentius who could not rest till he had done some Pontificall exploit against the life of this Prince stirred vp the Princes of Germany to thrust downe Fredericke and to set vp another first was set vp Henry Lantgraue of Thuringia this man besieging Vâ—…mes was wounded by the shot of an Arrow and shortly after resigned both his life and the Empire After this was William Earle of Holland set vp this man was slaine in the warres which he had gaged against the Frisians neither of these saith Naucler were numbred among the Emperours At last after so many secret traps laid for the life of this Prince behold the end of the Popes malice where strength faileth the Emperour was destroyed by poison King Iohn of England 124. THe King of England sped no better then others for by this vnbridled power of vsurped Iurisdiction King Iohn with the whole Kingdome was brought into great trouble and perplexity these troubles grew vpon a quarrell of Election betweene the Monkes of Canterbury and the Suffraganes in the seuenth yeare of King Iohn for after the death of Hubert Archbishoppe of Canterbury the Monkes without the knowledge of the King or respect of the Suffraganes chose Reynold the Subpriour of the house to be Archbishoppe who secretly went to Rome to haue this his election confirmed by the Pope but stay was made at Rome because he shewed not Letters commendatory from the King The Monkes perceiuing that without those letters commendatory they could not proceede made request to the King that they might chuse another whom the King might commend this the King liked well and commended Iohn Gray the Bishoppe of Norwich being his Chaplaine and President of his Counsell as Hollinshed saith but Mat. Paris whom he cyteth hath not so much The Monkes gladly obeyed the Kings request and madâ—… choise of this man but the Pope refusing both thrust vpon them Stephen Langton commanding and compelling so many of those Monkes of that Couent as were then at Rome to chuse him the King was herewith much moued because Stephen Langton was brought vp vnder the French King and bound to him betweene whom and King Iohn there was at that time much warre and dissention wherefore the King banished the Monkes that had chosen Stephen and wrote to the Pope that he had no reason to admit Stephen to such a place in his Kingdome a man promoted by the French King and at his commaund This contention continuing the Pope sent to the Bishoppes of England commaunding them to put the King and his land vnder the sentence of interdiction denouncing him and his land accursed The Bishoppes to whom the Pope wrote being by this time become the Popes subiects and sâ—…ruants and not the Kings which is the end which the Pope seeketh by his Iurisdiction denounced the interdiction and then fledde to Rome King Iohn seeing many fall from his obedience to the obedience of the Pope drewe his people to an Oath of Alleageance After this came Paâ—…dulph Legat from the Pope who after that he had beene here a while was commaunded by the Pope to repaire to the French King there with Stephen Langton to take Councell and to stirre vp the French to make warres vpon King Iohn Thus King Iohn was depriuâ—…d of his Gouernement his subiects absolued from their Alleageance by which practise many reuolted from him so that he was left weake and when the Popâ—… had thus weakned him then he set vp the French King in armes against him The issue was this The King circumuented by these practises of the Pope and oppressed being also bereaued of all helpe was forced to deliuer his Crowne to Pandulph and receiued it from him againe as from the Popes hands And thus was Stephen Langton made Archbishoppe this was done in the fifteenth yeare of King Iohn An. Dom. 1213. The Earle of Tholous 125. WHen Frederick the second liued so persecuted by the Pope as we haue declared a new and strange generation rose vp of a suddaine neuer seene in the world before starting vp like those armed Souldiers which the Poets faine to haue sprung vp suddenly of the Serpents teeth being sowed by Cadmus Such a serpentine generation of Friars were newly hatched at this time the first founders of them were Francis and Doâ—…inick For the Popes hauing a purpose to raise themselues aboue the Church and aboue Kings and Emperours as both by their profession and claime in the Canon Law and by their practise was apparant and for this purpose thundring out their excommunications vpon euery occasion practising this power in deposing Princes found themselues much crossed in these courses by Bishops and especially by the Bishops of Germany who stood out for a long time faithfull in the Church and couragious against the Popes tyranny Auentiâ—…us giueth many testimonies of the courage of the German Bishops as else-where also we haue obserued of the English Bishops for he writing of the times of Frederick the second the Bishops then saith he were not as now they are addict to the seruice of the Pope giuen to idlenesse and pleasure but learned industrious louing Christ and declaring their loue by feeding their flockes diligently These were not for the Popes purpose For in diuers Synodes they censured the Popes folly and ambition freely and withstood his tyrannie Then was the Church so gouerned by Bishops all matters so iudged and determined that the Pope might aduise but hee could not by authority attempt any thing in the Prouince of any Bishop thinges being guided by truth law the iudgement of the wisest and best learned in the Prouince and by the Councel and common consent of the Clergy of that Prouince Who had reason to know the estate of their Church and Prouince better then the Pope or any stranger could doe This godly order in the Church the Pope had a purpose to confound to oppâ—…esse the Bishops authority and to draw all power to himselfe Hoc iâ—…stitutum to vse the words of Aueâ—…tinus tollere antiquare Episcoporum autoruatem Labefactare ad vnius cuâ—…cta potestatem redigere complacitum est 126. This being the purpose of Popes
coactiua quae valet exerceri in alterum etiam inuitum That is Ecclesiasticall power of Iurisdiction in the exteriour Court is an Eccleâ—…iasticall power coactiue which may be exercised against another though it be against his will And a little after speaking of the same coactiue power he saith Potestas haec Iurisdictionis Ecclesiasticae adeo vicina est Iurisdictioni faeculari politicae quodlaicis imò mulieribus pleruinque in multis casibus communicari potest executio vel commiâ—…ti That is This power of Ecclesiasticall Iurisdiction commeth so neere to secular and Ciuill Iurisdiction that the execution hereof may be communicated or committed for the most part and in many cases to Lay-men yea euen to women Then this power is not from Christ directed to Church-gouernours which may be executed by Lay-men and women For Christ gaue no Iurisdiction to his Church which may be executed by such Now if this coactiue Iurisdiction may be executed by Lay-men why not by Magistrates If by women of which thing most of the Popish writers are agreed how then standeth it against the lawes of nature and grace the Ciuill and the Canonicall lawes and I know not what other lawes as the Catholicke diuine telleth vs that a woman should haue this Iurisdiction for if a woman may be a Magistrate it must needs follow that a woman may haue that power which God hath giuen to Magistrates 51. Gerson speaking of the power of the Church not this coactiue but that which is giuen secundum leges Euangelicas declareth that it is founded vpon the text of Mat. 18. Dic Ecclesiae c. Fundaâ—…ur in hoc textu saith he Plenitudo potestatis gladis spiritualis executio eius in Ecclesia super quemlibet Christianum quiest frater noster etiam si Papa fuerit nec accipiendum hic dic Ecclesiae id est Papae quia Christus Petro loquebatur qui non dixisset sibi ipsi That is The fulnesse of the spirituall sword aboue any Christian that is our brother though he be a Pope is founded vpon this Text neither must we take it so tell the Church that is the Pope for Christ spake this to Peter who was not bidden to tell it to himselfe He declareth also and much complaineth that the Ecclesiasticall Iurisdiction was by the practise of Popes intruding â—…pon Ciuill Gouernment so strangely confounded that a man could not in those dayes decerne the difference betweene the right of the Church and of Princes Potestatem Ecclesiasticam confundit magna caligine â—…upiditas ambitiosa quaerens quae sua sunt quae crescentibus beneficâ—…orum dotationibus impudenter excreuit Ita vt vix decerni modo possit quid ex primaria institutione Christi vel inuariabilâ—… iure diuino tenendum sit That is Ambitious coueteousnesse seeking her owne and impudently inlarging her power as the dotation of benefices increased hath confounded the Ecclesiasticall power with a great mist So that now it may scarsely bee decerned what we are to hold of the first institution of Christ or by the inuariable diuine law Then this Iurisdiction was by the Popes hurled into such a confusion that men of the best learning were much troubled with distinguishing this confused masse And so farre did this confusion growe by meanes of the Canonistes extolling the Popes Iurisdiction without measure that the same Author was forced to complaine bitterly thereof thus Hinc â—… quiuocatio per dominos iuristas qui loquentes de plenitudine Ecclesiasticae poâ—…estatis Papalis solum loqui videntur de potestate Iurisdictionis ex qua locutione videtur haec absurditas sequi quod purè Laicus imo foemina posset esse Papa habere plenitudinem Ecclesiasticae potestatis That is Hence commeth equiuocation induced by my masters the Canonists who speaking of the fulnesse of the Papall Ecclesiasticall power seeme to speake onely of the power of Iurisdiction by which speech this absurdity seemeth to follow that a pure Lay-man yea a wòman may be Pope and haue the fulnesse of Ecclesiasticall power 52. And thus I trow they will bring their Iurisdiction to a faire issue that if wee should graunt it as they claime it this inference must also goe with it that a Lay man or a woman may be Pope were it not much better to giue to each his own right to the Magistrate all power coactiue to the Church power ouer the soules of men according to the lawes of the Gospell then to follow all these absurd fancies by taking away from the Church and Magistrates their distinct rights and casting a new vnlawfull confounded Iurisdiction vpon the Pope And that we may vnderstand how the Papal Iurisdiction grew onely by the Popes flatterers of such knaues he saith thus Adulatio negat PapaÌ„posse Simoniacam committere quoniam sua sunt omnia Ecclesiastica bona concedit quod super 〈◊〉 est potens ab altero ius suum tollere quod nec ab eo appellari neque eum iudicâ—…aliter euocari nec obeaientiam ab â—…o subâ—…rahi hic 〈◊〉 symbolum fideâ—… condere hic solus causas eiusdem fidei tractare potest Solus definitiones regulas leges Canones condit alioquin quic quid per alios definitur statuitur c. irritum est fallor si non ante celebrationem huius Concilij Constantiensis sic occupauerat mentes plurimorum ista traditio vt oppositorum dogmatizatio fuisseâ—… de hereticâ—… prauitate vel notata vel damnata That is Flatterie denieth that the Pope can commit Simony because al Ecclesiastical goods are his it graunteth that the Pope is aboue law able to take from a man his right and that neither an appeale may be made from him neither may he be called iudicially to triall nor obedience be drawne from him he onely must make Articles of faith he onely must determine the causes of faith onely hee must make definitions rules laws and Canons otherwise whatsoeuer is defined ordeined by other c. it is voide I am deceiued if before the celebration of this Councell of Constance this tradition did not possesse the mindes of most men insomuch that they who taught otherwise were noted or condemned for hereticall prauity 53. In these words some things are obseruable First That this vnlimited Iurisdiction is giuen to the Pope onely by base fellows flattering knaues against the iudgement of the learned and graue men of the Church of Rome and against the iudgement of these Councels Secondly that the iudicious and graue men of this age as Gerson and such like yea all that were assembled in this Councell were noted by these base flatterers and suspected or condemned of heresie The Pope and his flatterers wanted no good will then to haue made them al hereticks And it is to be obserued that the heresie which most of all troubled the Pope with his flatterers stood in this pretensed Iurisdiction for this is the cause wherefore flatterie as Gerson saith
would haue imputed hereticall prauity to the Councell Thirdly and last of all the distinction betweene the Church of Rome and the Court of Rome wherof we haue so often spoken is here againe confirmed For these flatterers stood for the Popes Iurisdiction against the Church of Rome heere assembled in a Councell but howsoeuer they haue preuailed since wee see heere that by the Church of Rome they were accounted then but a base companie of flatterers These bee they who afterward preuailed in the Councell of Trent lifting vp the priuiledges of the Pope aboue the Church And this is that Church on the other side which then was in danger to be pronounced heretickes by the Pope and these who are marked and branded not by me but by Gerson Cusanus Aeneas Siluius and the rest of both these Councels of Constance and Basil to bee no better then a generation of base flatterers 54. Then there is no great thing done or at which the world may maruel when we see the reformed Churches at this day accounted heretickes by the Pope and his flatterers for this was a thing long looked for The Church did beare the pride of the Pope the ignorance and insolency of his flatterers as long as she could indure it And when there was no remedie made a separation indeede from the Pope and his flatterers holding on still in the auncient waies of our fathers who haue from time to time made resistance against the Pope and his seruants from which auncient way of our forefathers from their profession sense iudgement and religion the Councell of Trent hath made a famous defection hauing declined and turned aside from the ancient and constant profession of the truth in doctrine and Iurisdiction vnto these new and straunge deuises taken vp of late and inuented by Friars and flatterers of the Court of Rome This defection which the Pope hath made from the Church and the Church from him was long before looked for and diuers did speake of it before it came to passe as Mat. Paris declareth that some feared it might haue beene done by Bishop Grost head so Cardinall Cusanus declareth as hereafter we are to shew how the Church may depart from the Pope 55. The same Gerson saith also Concilium generale potestatem à Christo immediatè habet cui quilibet cuiuscunque status etiamsi Papalis existat obedire tenetur in his quae ad fidem extirpationem schismat is pertinent That is A generall Councell hath power immediatly from Christ whereunto euery man is bound to obey in things concerning faith and the extirpation of Schisme of what state soeuer he be though a Pope And he addeth thus much Saluberima haec determinatio lex fundamentalis velut infallibilis aduersus monstrosum horrendùque offendiculum quod positum erat per multos determinantes ex texibus grossè non ad regulam Euangelicam acceptis c. generale concilium totum â Papa robur immeditate sumere That is This most sound determination is a sundamentall law and as it were infallible against that monstrous and horrible offence which is giuen by many concluding from texts grossely vnderstood and not according to the Euangelicall rule c. That a generall Councell receiueth all strength immediatly from the Pope In which wordes hee obserueth that the Popes flatterers who brought in this Papall Iurisdiction aboue the Church Councels did induce hereby a monstrous and horrible offence in the Church This offence saith hee was giuen by such as would proue this Iurisdiction from certaine texts of Scripture as Tu es Petrus super hanc Petram aedisicubo Ecclesiam meam and oraui pro te Petre c. And such like which are wire-drawen to countenance this Papall Iurisdiction Which texts saith Gerson are grossely taken by these flatterers and not according to the rule of the Gospell And seeing we finde that the Iesuites at this day haue no other ground for the Popes Iurisdiction then the same texts by them and their forefathers distorted into a wrong sense as it is obserued by our forefathers against them let the Iesuites know themselues to be the generation of those that haue distorted the holy Scriptures and thereby brought a monstrous and damnable offence into the Church Gerson presenly after this declareth that against these flatterers the reuerend Cardinall Cameracensis whom he calleth his worthy master did write in defence of the truth Scripsit saith he super hanc materiam reuerendiss pater dominus Cardinalis Cameracensis praceptor meus inclytus which booke of Cameracensis if it be extant for I could not see it though I much desired I suppose might make these flatterers to be better knowen and the right of the Church more strongly confirmed 56. Gerson proceedeth and of that Iurisdiction which the Pope claimeth by imposing his Canon lawes vpon other Princes he saith Papa non debet 〈◊〉 vt Canones positi aut alienae traditiones humanaeâ—…nuariabiluer obseruentur per omnes nationes That is The Pope ought not to striue to impose his Canons or that other humane traditions bee kept inuariable of all nations Where he declareth that this imposing of the Popes Iurisdiction vpon other nations gaue occasion to the Greekes to make a separation from the Latins and daily ministreth occasions of contention through Christendome In the same Booke which he Intituleth De â—…uferibilitate Papae he holdeth positiuely that howsoeuer in some other respects there might be some vse of a Pope yet concerning this our question of Iurisdiction the Pope with all his pretensed Iurisdiction might be vtterly remoued from the Church his position is Auferibilis est Papa per generâ—…le concilium perpetuo 〈◊〉 adtempus quoad ea omnia quae sunt â—…urisdictionis That is The Pope may be remooued by a generall Councell either for euer or for a time in respect of all things pertaining to Iurisdiction Now if the Pope may be remoued from the Church in respect of Iurisdiction then the Canonists are quite put downe who hold that the very essence of the Papacy standeth in Iurifdiction Further concerning this question of Iurisdiction the same Iohn Gerson hath made a Treatise wherein he handâ—…eth this question An liceat in causis fidei a summo Poâ—…tifice appellare Wherein he determineth that a man may appeale from the Pope §. VI. Cardinall Cusanus 57. SOmewhat after this wrote Cardinall Cusanus who offered his Booke De concordantia Catholica to the Councell of Basil submitting himselfe and his labours to the iudgement of that Councell It appeareth that about this time there were some motions and consultations of a reuolt from the Pope and Court of Rome which consultations were moderated then for a time by such learned men as were in greatest estimation but afterward vpon the like reasons it brake foorth Cusanus disputeth this point in an Epistle written to Roderic de Treuino â—…rator to the King of Castile Wherein he seemeth first