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
and Kings by their office must call Councâ—…ls Secondly that their office is likewise by coactiue power to see the things maintained and obserued which are defined in general Councels 12. Hitherto then haue we found the Soueraigne Iurisdiction alwayes in Christian Magistrates and neuer in the Bishop of Rome How then commeth the Bishop of Rome to this practise of Iurisdiction which now he claimeth Let vs here consider one Pageant of theirs which will declare the first claime and beginning of Iurisdiction which they haue so much increased since The first attempt was to winne Iurisdiction ouer Bishops the second was to get the same power ouer Kings and by that meanes ouer all These we meane to open with as much breuitie as we can and the matter will beare First then to bring Bishops of other Nations vnder their power a shamelesse deuise was plotted by the Bishop of Rome discried and reiected by the auncient Fathers that then liued but yet so closely followed afterward by the Popes that in the end it preuailed I will declare the storie as it is deliuered by their owne writers who haue collected the tomes of the Councels 13. The sixt Councell of Carthage was gathered in the yeere of our Lord foure hundred and twentie against the heresie of Pelagius it lasted sixe yeeres and more In it were gathered two hundred and seuenteene Bishops among whom was that worthy Father Saint Augustine and others of famous note as Prosper Orosius and diuers other of great vertue and learning Aurelius Bishop of Carthage Metropolitan of Affrica was chiefe In the time of this Councell three Bishops of Rome succeeding one another mooued great contention and quarell with the Fathers of this Councell for Iurisdiction which the Popes then began to claime affirming that they had Iurisdiction ouer the Church of Affrica which thing these Fathers of this Councell vtterly denied the contention began vpon this occasion 14. Apiarius a Priest of the Church of Sicca in Affrica was for his infamous and scandalous life excommunicated not onely by Vrbanus Bishop of Sicca but by a whole Synode of Bishops met together This fellow thus censured in Affrica fled to Zozimus Bishop of Rome to him he complained of wrong that the Bishops of Affrica had done him as he said Zozâ—…mus without examination of the cause vndertooke to maintaine him and admitted him to the Communion After this vnderstanding that the Bishops of Affrica were gathered in their Synode he sendeth to them Faustinus Bishop of Potentia and with him two Priests Philip and Asellus Them hee chargeth to defend the cause of Apiarius to cause the Synode of Affrica to recciue him to their Communion to excoÌ„municate Vrbanus Bishop of Sicca or else to call him to Rome vnlesse hee will reforme that is vndoe all that he had done against Apiarius Further he commaundeth them to draw the Councell to yeeld to the Iurisdiction of the Bishop of Rome and to acknowledge it lawfull for any Bishop or Priest to appeale from the sentence of their Metropolitan to Rome he commaundeth them also to signifie that he sent his Legate into Affrica who might vnderstand the causes of appellants that were grieued To effect this thing the better he chargeth them to declare that the Nicen Councell hath giuen this Iurisdiction to the Bishops of Rome for proofe hereof he deliuereth vnto them in writing a counterfeited Canon of the Nicen Councell 15. Faustinus comming to Affrica with these instructions and being admitted into the Councell declared that he had from Zozimus a Commission which he called Commonitorium and withall he declared the Iurisdiction of the Bishop of Rome confirmed by a Canon of the Nicen Councell Aurelius Prosident of the Councel answered let this Commission first be read which our brethren haue brought hereupon Daniel the notary reade and recited the Commission thus Zozimus Bishop of Rome to our brother Faustinus Bishop to our fons Philip Asellus Priests this businesse you know you are to doe all things as if our presence were with you nay because it is with you and the rather seeing you haue both our expresse commaund and the words of the Canons which for more full assurance we haue added to this Commission For thus most beloued brethren it is decreed in the Councell of Nice concerning the appellation of Bishops And then forsooth the forged Canon os the Councell of Nice followeth thus Placuit autem vt si Episcopus accusatus fuerit iudicauerint congregati Episcopi regionis ipsius de gradu suo deiecerint eum appellasse Episcopus videatur confugerit ad beatissimum Ecclesiae Romanae Episcopum valuerit audiri iustum putauerit vt reuocetur examen sâ—…ribere his Episcopis dignetur qui infinitima propinqua prouincia sunt vt ipsi diligentur omnia requirant iuxta fideÌ„ veritatis definiant Quoâ—… si is qui râ—…gat causam suam iterum audiri deprecatione sua mouerit Episcopum Romaâ—…uÌ„ vt è Latere suo presbyterum mittat erit in potestate Episcopi Romani quid velit quid existimet si decreuerit mittendos esse qui presentes cum Episcopis iudicent habentes authoritatem eius à quo destinati sunt erit in suo arbitrio Si vero crediderit sufficere Episcopos vt neggtio terminum imponant faciot quod sapientissimo consilio suo iudicauerit That is We thought good that if a Bishop be accused and the Bishops of that Prouince haue giuen sentence and deposed him if this Bishop seeme to appeale and flie to the most blessed Bishop of Rome and desire to be heard â—…f he thinke good to reuoke the sentence it may please him to write to those Bishops which are in that Prouince that they may diligently search the matter and iudge it truely But if he that moueth his cause may be heard againe shall by his petition intreat the Bishop of Rome to send a Legat from his side it shall be in the power of the Bishop of Rome to doe what hee thinketh best And if he decree to send some who with the Bishops of the Prouince may be present to iudge hauing authoritie from him from whom they are sent it shall be in his pleasure And if he thinke that the Bishops of that Prouince may suffice to end the businesse let him doe whatsoeuer in his most wise Councell he iudgeth best Before I proceed in this narration let some things of note bee obserued First the Bishops of Rome were now growen from the honest and godly conuersation of their Auncestours to admirable impudency that durst suborne a Canon of the Nicen Councell and publish their owne shame in the sight of the Church then and leaue an eternall monument thereof to the world for euer extant in publike Councels Secondly the ground of the Iurisdiction of the Bishop of Rome is forgerie famously attempted and famously conâ—…icted at that present time And yet this practise
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
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
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
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
aunswere wee vrge not their Canons onely to rule the Pope but their testimonies to know the truth of those times and before For they made an exact and diligent search through all the famous Churches of Christendome for the Popes Iurisdiction ouer Bishops and hauing once so famously refuted that Iurisdiction we take and reuerence their testimonies which will for euer be held honorable in the Church Before these times the religion sense and iudgement of the world was not that any Bishop or Clarke of forraine Prouinces might appeale to Rome which now is the sense and iudgement of the Court of Rome The Pope claimeth now this Iurisdiction likewise to depose Princes to dissolue and vndoe the obedience of subiects this is now the sense and iudgement of the Court of Rome but before the time of King Pipin the sense and iudgement of the world ran alwayes contrary That the Pope is vniuersall Bishop and the Church of Rome the head of other Churches yea the Pope the head of the vniuersall Church is now the sense and iudgement of the Court of Rome but this was not the sense iudgement and religion of the Church of Rome before the time of Gregorie the first as the same Gregorie doth sufficiently witnesse That criminous Clarkes should be exempted from the Courts of their Kings is now the practise and iudgement sense and religion of the Court of Rome but before the yeere one thousand this was not the sense and iudgement of the world That the Pope is aboue a generall Councell is now the sense and religion of the present Court of Rome but it was not the sense and religion of the Church of Rome before the time of the Councell of Trent In like sort of any part of their Iurisdiction whereof here we speake we are able to point to the time when it was not the sense and iudgement of the Church of Rome 17. About the time wherein Alfred raigned who began his raigne in the yeere of Christ eight hundred seuenty two died in the yeere nine hundred The Popes hauing already intruded vpon the Iurisdiction of Bishops and Archbishops beganne to make many desperate attempts vpon the Iurisdiction of Kings also but they were repressed where the Emperours had any power to resist and though they assumed Iurisdiction ouer Emperours yet they brought not all to an effect Cranâ—…zius speaking of those times saith The Emperour placed a Bishop in Monster and maruaile not that a Bishop was appointed by the Emperour for this was the Custome of those times when Emperours had power to place and displace Popes for there was no free election of Chapters as now the Apostolicall confirmation was not then necessary for whomsoeuer the Prince did nominate that man was to be consecrated a Bishop by the next adioyning Bishops Concerning this Iurisdiction there was a long contention between the Papacie and the Empire this was the Iurisdiction which the two Henries the father and the sonne which the two Frederickes likewise the Grand-father and the Grand-child sought long to defend and maintaine but the sword of the Church preuailed and forced the Emperours to relinquish their right to the Churches By this it may appeare that before the yeere one thousand the Popes entred into no great contention with the Germane Emperours concerning this Iurisdiction But as the contentions betweene the two Henrics and the two Fredericks and others did fully open and reueale to the world the Popes purpose for Iurisdiction so when it was once reuealed and fully knowen to the world it was denied and oppugned by the men of the best learning that then liued in the Church of Rome which thing we are more fully to declare hereafter CHAP. VII How the Papall Iurisdiction was aduanced from the time of the conquest and somewhat before vntill the yeere of Christ one thousand three hundred The meanes raising that Iurisdiction is declared to be by Forgeries Friars Oathes and the parts of the Iurisdiction inuestitures exemptions lawes imposed appellation deposing of Kings and absoluing their subiects from faith and Allegeance IN the time of William the Conquerer about the seuenth yeere of his raigne Hildebrand was chosen Pope named Gregorie the seuenth This man aduaunced the Popes Iurisdiction to an higher pitch then euer it was before Now all that power which was extorted from Princes by such violent practises as Hildebrand vsed was afterward supposed to belong to the Popes Iurisdiction And these late Iesuits make no doubt to tell vs that all came from Christ and his Apostles and that it was a thing neuer heard that Temporall Princes should meddle in such matters and that the Religion deuotion sense and iudgement of all men ranne wholly for it Wee are therefore to obserue how the Popes wrested Iurisdiction from temporall Princes This thing will appeare better if we take a suruay of these times and of the meanes and parts of that Iurisdiction which wee finde chalenged by the Popes in these ages 2. At this time the Popes began first of all to striue for inuestitures Pope Gregory the seuenth began this contention with Henry the fourth Emperour which was the occasion of great warres and blood-shed through Christendome especially in Germany I will for the better vnderstanding of these proceedings with breuity and fidelity report out of the stories of this time in what state the Church of Rome then stoode In the time of Henry the third Emperour the Court of Rome was pestered with a sort of men infamous prodigious who taught Necromancy practised poisoning set vp as it were a schoole of vnlawfull Arts abominable to God and pernicious to men One chiefe of this profession was Theophilactus which was afterward Pope Benedictus the eight called Benedictus the ninth This Theophilact was Master to Hildebrand in his Art Magick who for his better furtherance in that knowledge was also instructed by Laurentius the Malfilan Archbishop and by Iohn the Archpriest of S. Iohn de porta latina This Theophilact gaue himselfe wholly to the sacrifices of deuils with his complices and schollers as he had beene iâ—…structed by Gerbertus which was Pope Syluester the second By these Masters and meanes Hildebrand aspiring to the Papacy ioyned himselfe in a strict league with one Brazutus who poisoned sixe Popes in the space of thirteene yeres their names mine Author setteth down in order thus Clemens this was Clemens the second Damasus 2 Leo 9 Victor 2 Stephaâ—…us 10. Benedictus this Pope escaped the poison but was cast out by force and cunning of Hildebrand Nicholaus 2. Thus he practised to make way for himselfe to the Papacy by poisoning all that stood in his way 3. For redressing of these enormities Henry the third Emperour was entreated by the religious sort of Cardinalls to purge the Church of this hellish rabble that thus pestered it The Emperor being drawne to seeke some reformation of these disorders because many Popes vsurped the Papacie at once he
alijs Episcopis sunt terminandae And to proue that scandalous men of the Clargie should not be punished or examined by Lay-men this reason is often repeated in diuers Epistles that if since the Apostles times that course had beene taken to punish such then few or none should now haue beene left aliue in the Clargie which is a secret confession that all the Clargie of the Court of Rome were at this time of euill and scandalous life and conuersation Marcellus as writing to Maxentius the tyrant is produced to say thus Synodum absque huius sanctae sedis authoritate Episcoporum quanquam quosdam Episcopos possitis congr◅gare nonpotestis regulariter facere neque vllum Episcopum qui hanc appellauerit apostolicam sedem damnare autequā hinc sententia defintiua proccdat These and such like are their grounds of Iurisdiction which need no refutation for absurdities carie alwayes their owne bane in themselues this is refutation ynough for such things to make those things well knowen 9. These testimonies for Iurisdiction drawen from these forged Epistles may giue vs occasion to obserue First that the Bishops of Rome haue long greedily gaped after this Iurisdiction to obtain their purpose herein haue made no bones at forgerie As first they attempted that forgerie of a Canon of the Nicen Councellin Saint Augustines time but were then repressed so the diuell to bring them to greater shame mooued them afterward to greater forgerie in deuising so many decretall Epistles to establish this Iurisdiction by this shamelesse attempt which by other direct meanes they could not doe Seconly so greedily are they set vpon this purpose as men blinded with affection that they consider neither manner nor matter nor coherence onely the impotent loue to this Iurisdiction carrieth them through thicke and thin as in many things may be obserued I obserue onely that which toucheth our question for in these Epistles this Iurisdictiō of the Church of Rome and appellation to that Church is maintained as from the institution of Christ himselfe out of these words Tues Petrus c. Now these Epistles must be supposed to be written long before Saint Augustines time when Zoz◅mus Boniface and Caelestinus claimed the same Iurisdiction by the forged Canon of the Nicen Councell for before those times these Bishops liued who are deuised the authors of these Epistles If these Epistles had then beene extant why did not the Popes claime their Iurisdiction by these testimonies which were supposed to be written so long before the Canons of the Nicen Councell What needed they to haue forged a Canon if they had so faire euidences to shew And why did they claime it by a Canon of the Councell when they might haue laid their claime directly from the commaundement of Christ 10. But if these Epistles were not then extant as certainely they were not why should any credit bee giuen to things so manifestly forged Why should any claime be made to Iurisdiction vpon such false grounds Thirdly we obserue also the cursed obstinacie and affected blindnesse of the learned Papists Bellarmine and such who know well that these Epistles are forged and confesse it knowing that this Iurisdiction of the Pope was neuer claimed iure diuino as from Christs owne institution before these Epistles by forgerie inuented that claime are so bewitched in the seruice of the Pope and in this question of Iurisdiction that against learning iudgement conscience all they hold this Iurisdiction to be iure diuino in the grossest sort maintaine it no otherwise then these confessed forgeries haue taught them by those deprauations corruptions and detortions of Scriptures Tues Petrus and such like An indifferent man would thinke that either they should not confesse these forgeries or confessing them they should hate and abhorre these grounds of Iurisdiction which onely the forged Epistles haue deuised from Scripture Fourthly by this we may looke a little farther into the deepenesse of Satan and behold how the Popes Clarkes lie plunging for Iurisdiction 11. For the Councell of Trent being awaked at the preaching of Master Luther and other and finding that the corruptions which were brought into the doctrines of the Court of Rome could not bee mainteined by Scriptures being directly repugnant thereto deuised a very foule shift to maintaine all by vnwritten traditions And for this purpose enacted a Canon that the traditions of the Church of Rome must be honoured and imbraced with the like honour and reuerence as the holy Scriptures are honoured Therefore they deuise the word of God to be either written in Scriptures or vnwritten in Traditions which vnwritten Traditions they reuerence for Gods word no lesse then the holy Scriptures themselues And if you aske how shall men trie true Traditions they aunswere there is no better triall then the iudgement of the Church of Rome Ex tcstimonio huius solius Ecclesiae sumi potest certum argumentum ad probandas Apostolicas Traditiones By these principles if they might once haue them graunted they thinke themselues able to conclude any thing to delude the holy Scriptures and to set vp prophane and Barbarous forgeries in place of holy Scriptures For if wee denie this pretended Iurisdiction they will aunswere that it is grounded vpon the word of God if we demaund what word they haue for it They tell vs Tu es Petrus c. and such like If wee say the sense and meaning of those Scriptures doe no way maintaine that Iurisdiction the auncient Fathers neuer expounded them so that that sense was neuer drawen from these Scriptures before these forged decretall Epistles deuised it To this they will say they take that sense of Scriptures which the Church of Rome taketh and the Pope who onely hath authoritie to giue the sense of Scriptures The summe and conclusion of all is this the Traditions of the Church of Rome are to be honoured and reuerenced with the same honour as the holy Scripture but these filthy forged and corrupt Epistles containe the Traditions yea are the Traditions of the Church of Rome therefore these filthy forgeries of corrupt men are to be honoured and reuerenced as the holy Scriptures 12. Now though some men vnlearned may be caried away with this vaine shew of Traditions yet wee see not how their learned men can plead ignorance or excuse who know that those expositions of these Scriptures were first forged in the decretall Epistles these be their Apostolicall Traditions these be matched with holy Scriptures I appeale to the conscience of any Papist that either is or would bee esteemed learned whether these Epistles be not forged in his iudgement And whether the ground of their Iurisdiction be not hence drawen And whether this Iurisdiction which in these Epistles is maintained concerning appellation was not repressed and vtterly denied by Saint Augustine and the rest of those auncients in the Cartheginian Affrican and Mileuitan Councels Perhaps it is not hard for a
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
coactiue power to the spirituall Iurisdiction of the Church This is the meaning of the imperiall Constitutions that are in this manner set forth by Emperors of religions and doctrinall matters For the Emperours neuer tooke vpon them by their authority to define matters of faith and Religion that they left to the Church but when the Church had defined such truthes against Heretiques and had deposed those Heretiques then the Emperours concurring with the Church by their imperiall Constitutions Sicque Diuina 〈◊〉 â—…umana concurrentia saith Iustinian in the same place vnam consonantiam rectis sententijs fecere did by their coactiue power giue strength to the Canons of the Church Aâ—…d thus was the Church then gouerned by the Canons of auncient approued Synodes for matters of faith and doctrine and by the Constitutions of Christian Princes for matters of externall coactiue Iurisdiction That Constantine by whose authority the sixt Synod was held at Constantinople declareth that the Canons of the fiue generall Councels adding this second Constantinopolitan to the other â—…ouce were the rules or Canons of the Church 86. So long as those Canons of auncient Councels stood for Church lawes executed by the Bishoppes who were the Gouernours so long the Gouernement of the Church stood vp in peace order and Godlinesse one Bishoppe incroached not vpon the Iurisdiction of another But after that the Pope had intruded vpon the Iurisdiction of the Church and was growen so great as that by coactiue power hee was able to maintaine his intrusion then began hee to giue lawes such as are comprised in the Decretals of Gregory the ninth who was Pope in the yeare one thousand two hundred and thirty the first publisher of those lawes which were continued by 〈◊〉 the eight 〈◊〉 fift Iohn the two and twentieth 〈◊〉 by some other Popes vnto the yeare one thousand foure hundred and eightie for then liued Sixtus the fourth whose Decrees are published in that part that is called extraâ—… Commun since which times those lawes haue beene in some force in diuers nations where they did not crosse the imperiall lawes of those nations nor the Iurisdiction of the Kings thereof Now seeing that the Popes Iurisdiction is so much set forth and aduanced by these Canon lawes let vs in few wordes examine how he came to this Iurisdiction to giue lawes and by what right he maintaineth it If any man haue right to make and giue lawes this right must either be from God giuen him or from men who haue had this right before in themselues for euery man cannot giue this right but onely such as haue it and haue power to giue it But the Pope receiued not this right of giuing lawes to all Churches from God for God hath no where giuen any such Commission to him The ancient Bishops of Rome either did not claime any such Iurisdiction or if any were carried by leuity and ambition out of their bounds they were presently recalled and repressed by the godly Bishoppes of that age As Anicet was by Polycâ—…rp Victor by 〈◊〉 Polyâ—…rates and the other Bishoppes of Asia Zozimus Boniface and 〈◊〉 by S. Augustine and the Affrican Bishoppes so that the Bishoppes of Rome could neuer be suffered to make lawes to the Church for one thousand or twelue hundred yeares after Christ therefore this right was not from Christ. 87. For if it had beene from Christ then should the Pope haue beene suffered to haue practised the same before twelue hundreth yeares were expired For the godly auncient Fathers did neuer withstand the Bishop of Rome in any Iurisdiction which hee could claime from Christ. But in this thing it is knowne that they withstoode him therefore this Iurisdiction whereunto after so many hundreth yeares hee intruded himselfe against the iudgement of the auncient Fathers who resisted him heerein is not from God Neither can this right bee claimed from man because they who chalenge it will haue it to be a diuine right not humane And they quarrell vs for that we admit that temporall Princes may haue such Iurisdiction so that they vtterly denie that this Iurisdiction is deriued from any humane power Now he 〈◊〉 to execute Iurisdiction which is neither giuen him from God nor man must needs be conuinced to be an intruder and to come in his owne name and consequently to fulfill that Scripture I came in my Fathers name and you receiue mee not If another shall come in his owne name him you will receiue Which the auntient Fathers expound of the comming of Antichrist in his owne name And what more pregnant proofe can be brought of this his comming in his owne name then is this intruding himselfe into a Iurisdiction which he had neither from God nor from the Princes of this world And because the Pope after one thousand and two hundred yeares had no more right to giue Lawes to the Church then in former ages he had therefore this Iurisdiction is vnlawfull which by these Lawes hee practiseth Wherein onely defacto he is found to doe that whereunto he neuer had right 88. Moreouer if Bellarmine haue declared the true conditions of iust and lawfull Lawes it will followe that the Canon Lawes are no iust Lawes Bellarmine confesseth that foure conditions are required in a Law to make it iust the first is drawne from the end for it must be referred to the common good for herein saith Aristotle a King differeth from a tyrant because a King respecteth the common good of his subiects but a tyrant looketh onely vpon his owne priuate profit and thus saith Bellarmine doth a iust Law differ from a tyrannicall Law Then are the Popes Canon Lawes proued tyrannicall and vniust because they respect not the common good but the priuate wealth of the Pope as all those doe that draw all appellations to him The second condition which in Bellarmines iudgement maketh a Law iust is drawne from the efficient For it must be from a man that hath full authority Nemo enim potest legem imponere â—…nsibi subdiâ—…o saith he By this it will likewise follow that the Popes Canons are no iust Lawes because the Pope hath no authority to make such Canons binding them that are not his subiects as we haue declared before The third condition that maketh a Law iust is drawne from the matter saith 〈◊〉 for it must not forbid vertue nor commaund vice but the Canon Lawes are such as forbid vertue and commaund vice as appeareth by all those Canons that proceede with their non obstante I will note one example of many There is a Canon that runneth thus Quum aliquibus recipiendi aliquem in Canonicum alicuius Ecclesiae non obstantibus ciusdem Ecclesiae priuilegijs consuetudinibus vel statutis â—…uramento confirmatione Apostolica vel quacunque firmitate alia roboratis per nostras literas concedimus facultatem c. That is When wee graunt power to any by our letters to receiue any to be
a Canon in some Church notwithstanding the priuiledges of that Church the customes to the contrary or statutes confirmed either by Oath or by Apostolicall confirmation or by any other strength c. By this Lawe as by many other it appeareth that the Popes Canons allowe that men should goe against their owne Oathes when the Popes letters doe commaund them so to doe Which is a forbidding of things honest iust and godly and commanding thinges euill and vnlawfull Therefore these Lawes forbid vertue and commaund vice and are consequently no iust Lawes in the iudgement of Bellarmine 89. The last condition that in Bellarmines opinion is required to make a Law iust is drawne from the forme Because saith hee the Law must keepe that proportion in distributing honours which the Subiects haue in the Common-wealth For example saith he if the Pope should make a Law that onely rich and noble men should be made Bishoppes and not poore and meane men otherwise more learned and more worthy this Law were simply vniust but it is certaine that the Popes Lawes are such I speake not here of their corrupt practise which since the Canon lawes came in was neuer found without strong and strange Simonie but I speake of their Lawes which command it For who made that Law which saith Pallium non datur nisi fortiter postulaâ—…i The Pall is not giuen to any man vnlesse he make a strong suit What is meant by a strong suit they know best that haue purchased Palls at the Popes hand But it is certaine that a poore man did neuer purchase a Pall therefore poore men though more learned then the rich purchaser are excluded from this honour by the Law that alloweth none to make suit but such as can make strong suit then the Law is vniust by Bellarmines confession It is also an vniust and an vngodly Law which saith Though the Pope should draw innumerable soules with himselfe downe into hell yet no mortall man may presume to say to him Sir why do you so It is an vncleane Law which so strictly denying the mariage of Priests yet doth allow them to haue Concubines Many other Lawes there be of this forme So that by all those conditions which Bellarmine will haue to be requisite in all Lawes that bee iust the Popes Lawâ—…s are found to be vniust By all which is euinced that the Pope commeth in his owne name maketh Lawes to rule those Subiects ouer whom he hath no authority respecteth therein his owne ends taketh vp a new Iurisdiction which hath beene denied by the auncient Bishops and which was vnknowne in the world all the while that the Popes liued vnder the obedience of the Emperours as other Bishoppes did vnder seuerall Princes § 7. Of Appellation 90. ANother part of this pretended Iurisdiction stoode in appellation to the Pope This they haue chalenged but it hath alwayes beene denied by the Kings of this land as being a thing preiudiciall to the auncient Lawes and customes of the Kingdome The first question about appeales in this land that I can finde began by Anselme Archbishop of Canterburie in the time of William Rufus For after that some breach was made betweene the King and the Archbishop the Archbishoppe Anselme desired leaue to depart the land to goe to Rome for his Pall. The King perceiuing that hee had a purpose to appeale to the Pope Aunswered That if hee should appeale to Pope Vrban or any other for at that time two stroue for the Papacy without his leaue then should he falsifie his alleageance The King reasoned thus saith Malmsbury Consuetudo Regâ—…imes est à Patre meo instituta vt nullus praeter licentiam Regis appelletur Papa Qui consuetuâ—…ines Regnitollit potestatem quoque toronam Regni violat qui coronam mihi aufert inimicitias infidelitatem in me agit For there was contention betweene the King the Archbishop First because the Archbishop would nominate a Pope without the Kings leaue Secondly because he would appeale to the Pope Concerning this matter of appeale the same Author a little after declareth that there grew an hot contention betweene them Anselme his answere was Tues Petrus super hanc Petram c. And therfore quoth he to the King the obedience which I offer to S. Peters Vicar is not against mine alleageance to the King Thus had the Popes with a strong kind of poyson as it were so enchaunted those words of holy Scripture as to make them serue for a cloake of disobedience and breach of alleageance to temporall Princes Anselme being further vrged by the King that he had promised to keepe all the customes of his kingdome and hee was bound to performe alleageance aunswereth thus What doe you tell me that I breake mine alleageance to the King by appealing to the Sea Apostolique I grant I promised but conditionally that I would keepe those customes which are agreeable to the lawes of God and honesty And therfore where you tell me that I haue broken mine alleageance by preuaricating your laws in appealing to the Sea Apostolique sauing your honour it is not true if another had spoken it For the faith which Iowe to the King I haue it from the faith of God whose Vicar is S. Peter to whose Sea I appeale with much stirre and strife to this effect Anselme held his resolution stiffely 91. Nowe let the Reader bee entreated to compare these times with the times of the Affrican Councell and Anselme Archbishop of Canterburie with Augustine Bishop of Hippo. S. Augustine with the rest of the Affrican Councell condemned appellations to Rome as standing against godlinesse order the freedome of the Church as quenching the light of simplicitie as inducing darkenesse pride and ambition into the Church Now that which in Saint Augustines time was vngodly can it be made godly and lawfull in Anselmes time Yet Anselme we see maketh this thing the cause of God Augustine condemned appellations to Rome simply without consideration of disobedience to Princes What then would he haue done if thereunto had beene added the commaundement of his Prince against such Appellations Anselme standing for Appellation to Rome which Augustine denied and withstanding the iust and 〈◊〉 commaundement of his Soueraigne hath no other coâ—… to cast ouer the matter then the pretence of God and Saint Peters Vicar If this obedience had beene required of God to Saint Peters Vicar in Anselmes time Why was not the same required and yeelded in Saint Augustines time This is the difference betweene the opinions brought in by men and the truths of God that the one standeth alwayes the same in the Church without chaunge the other hath his times of rising and falling as this opinion of Appellation to the Pope which was so strongly reiected by Augustine found a time to rise vp betweene the pride of the Popes and the seruile flattery of some Bishoppes And what greater signe of pride in the Pope and
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
time greeuously troubled and vexed for want of the Emperors presence and had twise ouerthrown Ruperi or as some call him Robert King of Sicily the son of Charles whence grewe a new vexation of Italy betweene these two Pâ—…inces and as Platina saith the blame was laid vpon Clement who had called the Emperour with an Armie into Italy hee came to Rome for the Emperiall Crowne as Clement had inuited him thereto But because the Popes must bee alwaies like themselues Clement first denied his Coronation afterward hee consented vpon condition that Henry should take an Oath of Alleageance to the Pope This the Emperour refused as being a thing strange and without example Heere is descried an other end of these excommunications the Popes purpose to bring Kings and Emperours vnder them in respect of temporall Iurisdiction therefore they required of Emperours an Oath of Alleageance Clement the fift in one of his Canons maketh a long processe to proue that Henry tooke an Oath of Alleageance and that such an Oath is due to the Pope from Emperours 140. Clement pursuing his hatred against Henry aduanced the Title of Robert to Sicily whom the Emperour had by an ordinary processe of law condemned for Treason and declared an enemy to the Empire The Popes exception against Henry was that the Kingdome of Sicily belonged not to the Empire but he alleaged saith Platina that it was the Popes right to bestow the Kingdome of Sicily on this side and beyond Pharus vpon whom he pleased or to take it from whom hee would hence began great stirres to grow betweene the Pope and Emperor The Emperour pursuing his right brought an Armie into Italy and comming to Bonauentum his purpose was there to rest himselfe a few daies and to betake himselfe to prayer and fasting and other good workes that his lawfull labours and purposes might be blessed of God intending on the feast of the assumption to take the holy Sacrament The Bishoppe of Trent his Confessour was absent at that time being sent to Pope Clement but there was one sent backe in his roome a Iacobin Friar of S. Dominicks Order suborned for to worke a feate this man at that time administring the Sacrament hauing mingled Adamantin dust which is thought to be the strongest poyson in the flower whereof the Eucharist was made gaue it so prepared to the Emperour the poyson was so strong that the Emperour presently perceiued the danger and when the Masse was ended he called the Friar and said to him O Sir depart quickly for if my seruants shall knowe what a mischiefe you haue done vpon me you should die a miserable death but God forgiue you And so the Friar escaped and the Emperour died Lodouicus Bauarus 141. AFter the death of Henry the seuenth the Princes Electors were at variance for a successour some were for Frederiâ—…ke Duke of Austria others for Lodouicâ—… Duke of Bauare Iohn the two and twentieth Pope apprehended the occasion to dash one of these Princes against the other First he reiected Fredericâ—… with great contumely for when Fredericke had sent a Bishoppe to moue the Pope to ratifie his Election and the Bishoppe eloquently declared the Nobility of Fredericke and his valiant Progenitours vsing that speech Fortes crâ—…antur fortibus bonis the Pope with Pontificall arrogancy answered that Solomon the wisest man that euer was begot a most foolish sonne Against Lodouicke likewise hee pretended a quarrel for that he tooke more vpon him then belonged to his place and sometimes seeming to fauour the one and sometimes the other at last he promised Fredericke that hee would make him Emperour if hee would bring an Army into Italy to reueng him of Maphaeus and of his sonnes called Vicounts By this means great warres were raised vp in Italy and in Germany the two Princes Lodouicke and Fredericke met also in a battell fought from Sunne rising to Sunne setting wherein Lodouicke had the victory Fredericke was taken prisoner 142. Whereupon Pope Iohn without lawfull processe excommunicated Lodouicke in his Consistory at Auinion and declared him to be schismaticall hereticall and rebellious against the Church and depriued not onely Fredericke himselfe of all his Dominions as much as in him lay but depriued also all Clerkes that should giue him councell or aide Against this excommunication the Emperour appealed the forme of which Appellation is to be well obserued for albeit some write that he appealed from the Pope mis-informed to the Pope truly foâ—…d and to a generall Councell yet this is but the relation of such as fauoured the Popes Iurisdiction thinking that no appeale could be made from the Pope simply And therefore no relation of others can satisfie vs in this point so well as the very authenticke writ of Lodouicke himselfe wherein hee declareth his appeale which writ or declaration is set downe at large in Naucler from whence I would obserue some things which the Emperour declareth concerning the Popes Iurisdiction for therein he toucheth many points of his Iurisdiction and taketh exception against such partes of Iurisdiction which the Pope claimed partly in preiudice of the temporall Magistrate partly in preiudice of the Church For the question of Iurisdiction was better studied by learned men in the time of this Emperor then euer it was since 143. Lodouick then vnderstanding by men of greate learning in humane and diuine lawes which that age brought forth that the Pope had incroached vpon the right of temporall Princes and vpon the Iurisdiction of the Church and that hee ought to be gouerned iâ—… temporall affaires by the Emperour in spirituall affaires by the Church appealed from the Pope to a generall Councel and to the Catholicke Church thus the Emperour declareth his appeale appellauimus ad futurum generale Concilium ad sanctam Catholicam Ecclesiam This was done in an Assembly held at Franckfort published as a Decree against the Processes of Iohn the two and twentieth which Decree though it be somewhat large yet because it conteineth the iust claime of the temporall Magistrate against the pretended Iurisdiction of the Pope I must draw at least the summe of it to giue some satisfaction to the Reader He declareth the Popes claime for he claimed that hee had temporall Iurisdiction ouer Princes that the imperiall power was from the Pope that he that is chosen King of the Romanes hath no Iurisdiction by his sole Election vntill he be annointed consecrated and crowned that in temporall matters the Pope hath a fulnesse of power This was first the Popes claime whereunto the Emperour answereth That this standeth against the auncient Canons of the Church against law and against reason Hee cyteth for this diuers Canons to proue that the Emperour hath not his power from the Pope but from God alone Against each of the foresaid Positions he cyteth diuers Canons out of the Decrete of Gratian. Secondly Pope Iohn the two and twentieth obiected against the Emperour that hee the
said Pope had annihilated the Emperours Election and that therefore the Emperor had no right to administer the imperiall lawes but that this administration belonged by right to the Pope To this the Emperour answereth That this standeth against the liberties of the Empire and against the liberties of them that are Electors against the lawes and liberties of all the Princes and subiects of Germany 144. And whereas thirdly the Pope obiecteth that he hath excommunicated all that shall adhaere performe obedience and reuerence to the Emperour and saith that the iudgement of the Pastor whether it be iust or vniust is to be obserued To this the Emperor answereth That these denunciations are of none effect for it is a rule that if a Prelat in commaunding or forbidding shall not keepe the forme prescribed by the Canons they who disobey him doe not incurre the sentence of excommunication Now the Canons and the Church doe take from the Pope power in temporalities which power Iohn the two and twentieth vsurpeth this is one of those cases wherein the sentence of a Prelat is not to be feared Another reason is because by law that sentence is of no force where there is an expresse errour in the sentence as if a subiect should be commanded not to obey his Superiour or if something should be commaunded against God or against holy Scripture Now it is manifest that Iohn the two and twentieth hath commaunded the subiects of the Empire not to obey vs whom they are bound to obey by the lawes of God and man Another reason is because it is a thing confessed that the sentence which is giuen after a lawfull appeale is void and of no strength but it is well knowne that from Iohn the two and twentieth and his Processes against God and iustice we appealed to a generall Councell and to the holy Catholicke Church which appellation was brought to the knowledge of the said Iohn before he published Excommunication against them that fauour vs. 145. If it be said the Pope hath no Superiour and therefore no man may appeale from him To this the Emperour answereth thus It is manifest by the Catholicke doctrine that the Pope in matters of faith is subiect to Councels 16. dist sicut in tex in Gloss. 25. q. 2. sunt quidam 19. di Anastasius 40. di Si Papa Moreouer in matters of diuine right a Councell is aboue the Pope Thus then we haue appealed to a Superiour that is to a generall Councell against our aduersaries who impugne vs the Empire the Catholicke faith which the holy Church of Rome handleth This is the summe of that Decree which the Emperour published against the Pope it was dated at Franckfort the eighth of August Anno one thousand three hundred thirty and eight The processe of this worthy Prince giueth vs occasion to consider some things which declare the sense iudgement and Religion of the Ghurch of Rome at this time By the Church of Rome I vnderstand these Westerne parts of Christendome for so I find it tearmed heere and other-where separate and distinct from the Pope 146. For first by this appeale from the Pope to a generall Councell we finde that it was the iudgement and common receiued sentence of that age that a general Councel is aboue the Pope may iudge the Pope censure and depose him this is here declared and confirmed this was not onely the doctrine of the Church then but long after it continued and was neuer denied by the Church of Rome before the Councell of Trent as hereafter we shall declare Moreouer we finde a distinction obserued by the learned men that held this Assembly that is by the Prelates of the Empire for so the Decree runneth De concilio ac assensu Praelatorum omnium c. And many other learned men of Christendome yea many Friars which were here assembled especially the Minorites who were then oppressed by the Pope The distinction I say betweene the Pope and his flatterers on the one side and the Church of Rome on the other side For the Emperour appealeth from the Pope to the Church and this was a practise vsed by diuers as hereafter we shall obserue Then the Pope and his flatterers did not represent the Church of Rome as now they pretend to doe Againe wee obserue that the Emperour being defamed for heresie and appealing to a generall Councell as he denieth the Pope to be his Iudge so he refuseth not to be iudged by the Church for as S. Ambrose saith Imperator intra Ecclesiam non supra Ecclesiam est Then the authority of the Church bindeth the greatest members thereof euen Kings and Emperours If our aduersaries obiect against vs and our Church why then doe you giue to the King the Title of supreame head or Gouernour of the Church We answere such obiections proceede from an obstinate and wilfull ignorance in mistaking of our doctrine For when the question is of Iurisdiction externall coactiue wee giue to the King the place of a supreame Iudge but if the question bee of faith and Religion we say the King is no Iudge but to be iudged by the Church as we see godly Princes haue beene and namely this worthy Prince Lodouicke who being accused of heresie by the Pope appealeth to the Church 147. Last of all we obserue in the sense and iudgement of this Emperour and of the learned men that were assembled with him that in the point of Iurisdiction no such thing is left to the Pope as he claimeth For in matters of faith the Iurisdiction is in the Church as here it is acknowledged in matters of coactiue power the Iurisdiction is in the Emperor as all these learned men did yeelde in this Councell and after the Councell did maintaine by their writings For wee finde the same trueth maintained by William Ockham Marsilius Patauinus Michael Caesina and many moe who with great courage and learning did maintaine the Emperours Iurisdiction heerein against the Popes vsurpation This wisedome and moderation of the Emperour in defending his right not onely by force of Armes but by learning and iudgement moued the Pope who succeeded Iohn the two twentieth that is Benedict the twelfth in spite of malice to giue him many hoâ—…orable testimonies to promise to restore him by absolâ—… agâ—…ine to this place But the Pope did but fraudulently put him off from day to day which thing when the Emperour perceiued he called a Diet of the Empire at Rensium where he did with that wisedome courtesie and liberality binde the Princes Electours to him that they tooke a solemne Oath to maintaine the liberties of the Empire and decreede that all the processes of Iohn once Pope against Lodâ—…uick were of no force and that the Pope ought not to attempt such things against the Emperour seeing their Iurisdictions were so much distinct 148. Clement the sixth sucoeeded Benedict the twelfth this Clement falling into deeper fits of rage against the Emperour then his Predecessours
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
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
personis id intelligendum est non de vniuersali Ecclesia quae saepe obedientiam iustis de causis Romanis Pontificibus subiraxit vt Marcellino Anastasio Liberio Ioha 12. Benedict 9. Benedicto 13. Iohanni 23. That is That is to be vnderstood of particular Churches persons not of the Vniuersall Church which many times vpon iust occasions hath withdrawen obedience from the Bishops of Rome as for example from Marcellinus Anastasius Liberius Iohn the twelfth Benedict the ninth Benedict the thirteenth Iohn the twentie three They haue in like sort concluded that the Popes Gouernment in the Church is to be admitted not that he rule at his pleasure but according to the doctrine of Saint Peter Ut ipse Ecclesiam Dei salubriter regat non quidem vt pro libito voluntatis suae cuncta peragere velit spreâ—…is canonibus sacrorum conciliorum sed iuxta beatiss Petrâ—… doctrinam sic regat non vt dominans in clero sed vt formafactus gregis Romanus enim Pontifex est vniuersalis Ecclesiae minister non Dominus That is That he may soundly rule the Church of God not that he should doe all things according to the lust of his owne will reiecting the Canons of holy Councels but according to the doctrine of Saint Peter let him so rule not as a lord ouer the Lords inheritance but as examples to their flockes for the Bishop of Rome is the Minister of the Vniuersall Church and not the Lord. They haue concluded that if this Iurisdiction bee graunted to the Pope which he claimeth aâ—…d which his flatterers pretend for him that by this meanes the way is laid wide open for Antichrist Aperite oculos videte qualis ex hoc daretur ingressus Antichristo That is Open your eyes and behold what an entrance by this meanes would be made for Antichrist So that they who yeeld any authoritie and reuerence to these Councels must needs acknowledge that the Popes Iurisdiction is laid downe in the dust 47. Now let Bellarmine come with his fine distinctions and tell vs that these Councels are partly confirmed partly reiocted partim confirmata partim reprobata these be pleasant heads that can take of these Councels what pleaseth them and reiect all that is against them but let them collude with their owne consciences as they list they are not able to answere that which we vrge or any way to shift vs off for wee doe not vrge these conclusions as decrees of Councels though against them they may iustly stand for such but wee doe not produce them to that end but onely to declare the religion sense and iudgement of Christendome what it was at this time and before what was the doctrine of the Church concerning Iurisdiction What the wisest the most learned and best men in Christendome then taught What was the iudgement of the Church of Rome then This is euidently declared by these Councels and that we may vrge no more but this by this wee haue enough to proue that the Church of Rome then stood fully against the Popes Iurisdiction If they tell vs that Eugenius and they who followed him was the Church and not these that were gathered in Basil I aunswere this doth more and more confirme that which I haue obserued betweene the Church of Rome on the one side and the Pope with his flatterers on the other side who albeit they haue gotten the vpper hand by force and fraud yet let them know the basenesse of their birth and progeny they are but a late vpstart generation beginning when Friars began lifted vp by the winde which themselues did raise for increasing the Popes pride crossed and contradicted yea refuted and condemned by the learned and godly that liued in the Church of Rome neuer fully preuailing before the Councell of Trent Then let them not demaund of vs such fâ—…iuolous questions where was our Church before M. Luther for we are able to shew both our Church and their Church the antiquitie and not interrupted continuance of the one and the base vpstart and late rising of the other §. V. Iohn Gerson 48. HAuing thus farre declared the iudgement of the Church of Rome assembled in diuers Councels now let vs consider how in particular the learned men of these ages stood affected in this question and who they were that tooke part with these Councels to aduance the authoritie of the Church aboue the Pope for they who followed the Pope in this faction were onely Friars and flatterers but on the other side were these as then the great lights of Christendome for learning that I may of many remember a few 49. First Iohn Gerson a man of great authoritie in the Councell of Constance who hath written diuers bookes wherein he preferreth the authority of a Councell before the Popes authoritie and speaketh much otherwise of Iurisdiction then the Court of Rome vseth now to speake His booke De potestate Ecclesiastica was pronounced and approued in the Councell of Constance in the yeere of Christ one thousand foure hundred and seuenteene as in the end thereof appeareth from whence I will obserue some things declaring his iudgement in our question of Iurisdiction First he describeth that spirituall power which Christ hath left to his Church thus Potestas Ecclesiastica est potestas quae à Christo supernatur aliter specialiter collata est suis Apostolis discipulis ac eoruÌ„ successoribus legitimis vsque ad fineÌ„ saeculâ—… â—…d aedificationeÌ„ Ecclesiae militantis secunduÌ„ leges Euangelicas pro 〈◊〉 faelicitatis aeternae That is Ecclesiasticall power is a power supernaturally especially giuen by Christ to his Apostles and Disciples and their lawfull successors vnto the end of the world for the edification of the Church Militant according to the Euangelicall lawes for the obteining of eternall life This power we acknowledge with Gerson nay with all the auncients who speake no otherwise of the power which Christ hath committed to his Church But then we wish that our aduersaries might vnderstand how they wander in ignorance and confusion confounding this power which is spirituall executed secundum leges Euangelicas with that power which is coactiue and executed secundum leges Canonicas It is their common manner to confound these things and thereby to perplexe themselues and their readers but of all that euer I read he surpasseth who calleth himselfe the Catholike diuine for confused vnlearned handling of these things Then the power which Christ left to his Church is practised secundum leges Euangelicas this is the true power of the Church But our question hath beene altogether of Iurisdiction coactiue executed not secundum leges Euangelicas therefore not giuen by Christ to his Church but belonging to such lawes to whom all coactâ—…ue power peculiarly belongeth 50. Of this coactiue power the same Gerson saith thus Potestas Ecclesiastica Iurisdictionis in foro exteriori est potest as Ecclesiastica
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