saying If thy brother hath offended thee c. I have therefore endeavoured by meanes of those whom I sent in my behalfe with gentle words once or twice to correct the fault which is committed in the whole Church and now I write my self I have left nothing undone which I ought to doe with humility but if I bee sleighted in this my correction it remaines that I must adde the Church That is according to Bellarmines opinion It remaines that I tell it to my selfe Anâ— Pope Nicholas the first will bee in the same taking who useth the same threatning to one of our Kings namely Lotharius in case hee would not forgoe his concubine Gualdrada 6 But see here a greater mystery yet for by this reckoning wee shall finde that the Pope is greater than St. Peter Heare what the same St. Gregory saithâ— in the same epistle Peter saith hee the chiefe of the Apostles is a member of of the holy Catholique Church Paul Andrew Iohn what are they else but heads of particular persons and yet all members of the Church under one head and to binde up all in the compasse of a brief manner of expressionâ— the Saints were before the law they are under the law they are under grace too and yet all three making up the body of the Lord are made members of the Church Now say we to make our argument good But the Pope is the Church therefore he is greater than St. Peter yea than God himselfe For it is said in this passage that all these Saints which are members of the Church make up the body of the Lord. But the Pope is the head of the Churchâ— nay he is the Church it self ergo he is greater than any of the Saints yea than Christ himselfe Besides all the world is spoken of in that passage except the Pope and yet he was a Pope that spoke it But there is nothing lost by this if this exposition bee admitted Only I finde my selfe a litle troubled to make sense of those words spoken to St. Peter in the same place of St. Matthew If he will not obey the Church let him be unto thee as a heathen or publican For it should seeme by these words that the Church and St. Peter are two things But I am out for is it all one as when we speak to a King to whom we sometimes say You and sometimes Your Majesty Good God what absurdities be these what impieties what monsters in an age so enlightned so well weeded You see here the testimony of one Pope behold yet another 7 Pope Damasus making answere to the Iudges deputed by the Synod of Capua in the case of Bonosus who did him the honour to aske his advice I received your letters saith he whereby either in truth or in modesty you have beene pleased to ask our opinion But it being adjudg'd by the Councell of Capua that Bishops next adjoyning should be assigned for Iudges to Bonosus and his accusers we are of opinion that the forme of judgement cannot stand with us for if the Synod were at this day unbroken up we should haply ordaine the very same which is contained in your commission It is your part therefore who have undertaken the charge of the judgemenâ— to proceed unto it and pronounce your sentence upon all that concernes itâ— against which nothing must be attempted And anon after Wherefore it is necessary in the first place that they passe judgement of it to whom the power of judgeing is committed For us it were not sitting that we should judge as having no commission so to doe by authority from the Synod To this it is said in the Popes defence that if he would have judged of this case he might have done so That 's true he being so fairely invited to it But it must be granted too that if he had not beene intreated to it by those to whom that charge was committed by the Councel he could not have done it Now it was wisely done of him not to meddle in it being he had no commission for in case either the defendant or the plaintives should have complained to the Councell of his judgement he could not have stood to it Hee addes that hee would have beene willing to have passed his sentence of it if the Councell had beene then assembled Which must bee understood in case hee had been required or appointed by the Synod so to doe For otherwise what greater power could he have during the sitting of the Councell then afterwards To say that hee would not meddle with it for feare lest he might seeme to wrong the Councell by reason of that deputation of Iudges by it already made the wrong had beene farre greater if hee should have bearded the Councell and undertaken to doe it without being appoynted thereunto 8 Pope Symmachus who lived at that time when Odoacer was King of Rome fearing least there might be some trouble about the Election of his successour entreated Basilius the Kings Lievetenant in that City that hee would assist at the election which was the reason that hee made a Decree about it But Symmachus perceiving the displeasure which the rest of the Clergy conceived against it caused a Councell to bee assembled to consult upon the matter which declared that the writing containing that Decreeâ— was of no forceâ— adding further that although it were valid and might stand Yet it was the Popes duety to repeale and cancell it in a Synodicall assembly 9 Here are two or three things remarkable in this matter 1 One that it was a Provinciall Synod of the Bishops of Italy as appears by the subscriptions where the Pope hath the maine authority as being the head of it according to the sixt and seventh Canons of the Councell of Nice in the commentary upon which Balsamon saith it was decreed by the sixt and seventh Canons That the foure Patriarches should bee honoured according to the ancient custome to wit he of Rome Alexandria Antioch and Ierusalem For the â—atriarch of Constantinople was created by the following Councell And speaking of the three last he assignes to every one of them their severall Churches and Provinces In as much saith he as the Bishop of Rome hath also under him the Westerne Provinces 2 Another that Symmachus caused that to bee abrogated by a Councell whereof himselfe was the authour as appeares by his owne relation extant in the Acts of the Councell 3 Thirdly that the Councell saith it belonged to him to cancell that Decree not of himselfe alone but together with the body of a Councell See now what wee inferre from hence If the Pope had recourse to a Provinciall Councel for the abrogating of a Decree whereof himselfe was the authour if the Councell did abrogate it if it said that the Pope could not repeal it himselfe but together with the assembly of a Councell then it follows that the Pope hath no authority of himselfe at least not
heads and the Popes Bull represented in their hands and his armes reversed All which was done by the advice of the Princes Lords Prelates and other Ecclesiastiques of his Kingdome together with the Parliament and University of Paris as appeareth by the Acts published concerning this particular Lewes the eleventh to wave the censures of Pius the second made his Atturney generall put in an appeale from that Pope to the next Councell Lewes the twelfth had a defensive warre against Iulius the second upon this occasion He had suspended him by the Councell of Pisa whereupon hee procured a Synod of the Gallicane Church held at Tours in September 1510. to determine against him That it is lawfull for Christian Princes to defend themselves against such Popes as stirre up unjust warres against them and to substract their obedience from them The Parliaments of this Kingdome and namely that of Paris have alwaies engaged their authority for the justice of such defence either by way of humble remonstrance made to our Kings who upon the perswasion of some bad Councellors sometimes yeelded too much to the Popes impositions or else by reason of the exigency of their affaires which those cunning fowlers were ever ready to spy out soothed them up in their humour too much or else by cancelling the Popes Bulls in cases of appeales as of abuse or some other way where the Advocates and Atturneyes generall have euer had a faire occasion to shew their strength and abilities in and whence many of them have purchased eternall commendations The famous University of Paris and more especially the learned Sorbon have as it were set bounds and limits to the power of the Popes and made them know their duty they have sleighted their injust Buls and what by their consultations what by their appeales to future Councels they have preserved our liberties and priviledges entire even untill this instant I will not robbe the Clergy of France of the honour they have atchieved nor of the share which is due unto them in all these tropâ—ees What though there were some of that ranke defective in their duty to their Prince out of a timorousnesse which they might have of being disobedient to him whom they accounted their spirituall Head yet there wanted not some of them who stood in little awe of his chafings and thundering The Prelates of France in the Synod of Rhemes held under Hugh Capet made a declaration that the Popes have nothing to doe to usurpe the power and authority of Kings Arnalt Bishop of Orleans maintained in that Synod that the Popes have no power at all over the Bishops of France so as to have any cognizance of cases belonging to them and hee declamed most stoutly against the avarice and corruption of the Court of Rome Gerbert Archbishop of Rhemes and afterwards Pope of Rome in an Epistle of his writ to Seguin Archbishop of Sens saith that Rome approveth such things as are condemned and condemneth such as are approved That saith he which wee say belongs onely to God the Apostle tells us If any preach unto you any other things than those ye have received though it be an Angell from heaven let him be accursed Must all Bishops burne incense to Iupiter because Pope Marcelline did so I dare boldly say if the Bishop of Rome have offended one of his brethrenâ— and will not heare the admonitions of the Church he ought to be accounted as a Heathen and a Publican The Bishops of the Councell of Ments writ yet a little more tartly to Nicholas the first calling his fury tyrannicall his decree injust unreasonable and against the Canon lawes accusing him of rashnesse pride and cousenage and so giving him to know that he had no power over them and that he ought to acknowledge them for his brethren and fellow-Bishops Vrban the second forbade the Bishops of France to crowne Philip whom he had excommunicated but they were readier to obey their Kings commands than his prohibitions as we shall tell you anon The most of those oppositions made by our Kings whereof wee have spoken were abetted by the Prelates and other Ecclesiastiques These latter times afford us as pregnant examples as any of the precedent wherein we have seene the most learned and honourable Prelates of France banded together for the maintenance and defence of their King their rights and liberties of their Countrey and Church of France against a Gregory the fourteenth a Sixtus the fifth and such others as projected the demolition and utter ruine of this State It were too hard a taske to goe about to reckon up the words deeds and writings of the many Prelates and Churchmen of this Kingdome whereby they have many times repulsed the invasions of Rome 12 Suffice it us to say that in the greatest stormes God hath ever raised up men of courage and discretion as many yea more of that order than any other who have rung the alarum sounded the trumpet taken up armes and given our Kings to understand how farre they might exercise their power in spiritualls for the preservation of their rights and liberties 13 Nicholas the first in a Synod of his holden at Rome in the yeer 865. revoked the Decrees of the Councell of Ments pretending that it had attempted to make a divorce betwixt King Lotharius and Thiberg his wife promising withall that he should afterwards marry with Waldrada and this without the authority of the See Apostolique he also deprived of their dignities and excommunicated Theugot Archbishop of Triers and Gunther Archbishop of Cuâ—â—en and passed the same sentence of condemnation upon the rest of the Bishops of that Councell in case they did imitate and uphold the former Please you heare his owne words The sentence of deposition which we have denounced against the foresaid Theugot and Gunther and the other chapters made by us and the holy Councell shall be here inserted Yet for all these menaces they caused pretty stout letters to be writ to the Pope in the name of Theugot and Gunther whereby they shewed that they made no great reckoning of his thundering and condemnations though hee had given them a taste of a Councell We doe not receive said they that corrupt sentence which is far from any zeale of equitie injust unreasonable and against the Canon law But together with the whole assembly of our brethren we disregard and reject it as a matter unconscionable and full of wickednesse pronounced in vaine Nor will we communicate with thee who art a favourer of such as are anathematized and cast out despisers of holy Church and dost indeed hold communion with them But we content our selves with communion with the whole Church and that fraternall society which thou proudly misprizest in exalting thy selfe above it and excludest thy selfe from it making thy selfe unworthy of it by an over-haughty advancing thy selfe So that out of an inconsiderate lightnesse thou art strucke with an anathema
how bad soever they were as Constantius the Arrian Iulian the Apostat Maximus the tyrant when occasion place and the cause required it c. And they say that the scripture of this age holds that every Kingdome of this world is got by armes and enlarged by victories and cannot be purchased by excommunications from the Popes or other Bishops and they urge that holy Scripture saith that Kingdomes are from the Lord by whom Kings reigne and that by the ministerie of men and Angels he confers them upon whom hee pleases See here are things which without all compare deserve rather to be struck with an Ecclesiastical thunderclap than the giving way unto a Duell or interposing their authoritie in a matter of marriage 4 Now whatsoever others bee our Kings are exempted from such thunders so as neither the Bishops of this Kingdome nor strangers no nor the Pope himselfe have any power over them in this regard Wee have hereof divers testimonies our French men do avouch it in an article which was drawne by them in behalfe of King Lotharius against Pope Nicholas the first who would have excommunicated him for his marriage with Waldrada As hee cannot bee excommunicated say they speaking of the King by his Bishops whatsoever his fact bee so cannot he bee judged by other Bishops 5 Vincent in his allegations after he hath set downe the good deeds of the Kings of France towards the Church saith This is the cause why the Kings of France cannot bee excommunicated by reason of their priviledge else their labour should bee fruitlesse Likewise their souldiers and their men of warre and their Captaines inasmuch as they cannot offend by obeying them These last words must bee understood of an excommunication thundred out against the men of warre for this reason because they fight for their Prince 6 Lancelot Conrade a Lawyer of Millain subject to the King of Spaine saith as much in expresse termes The King of France pretends to have this prâ—viledge that hee cannot bee excommunicated neither by the Canons nor by men As the Doctours collect in the division of the chapter Vbi Periculum in princip de elect in 6. When the Parliament of Paris gave their opinion and all the Chambers met together about receiving the Cardinall d' Amboise and the qualifications that should bee put to his Faculties which was upon the eleventh of December 1501 The lawes of the Land and the liberties of the Gallicane Church were represented at large amongst which this was one That the King of France cannot bee excommunicated that his Kingdome cannot bee put in interdict as is collected out of the ancient Registers 7 Yet notwithstanding alwaies as oft as the Popes have gone about to attempt any such excommunications whether by their owne proper authority or joyntly with Councels they have found strong resistance and the French have got this commendation that they never abandoned their Princes in such conflicts The Histories thereof are knowne to all men and they have been so canvased in divers writings set out during our late troubles that it will bee fitting to overpasse them that wee renew not the memorie of our former miseries We will only say that some Popes have in good sincerity acknowledged this right and prerogative of our Kings yea which is more they have confirmed it by their Buls declaring thereby that the King of France cannot bee excommunicated nor his Kingdome interdicted and amongst others Martin the third and fourth Gregory the eighth ninth tenth and eleventh Alexander the fourth Clement the fourth and fifth Nicholas the third Vrban the fifth and Boniface the twelfth whose Buls are yet preserved in the treasurie of the Kings Charters as divers testifie 8 Pope Benedict th' eleventh partly as it is probable upon this occasion revoked the excommunication which was denounced by Boniface the eight his predecessour against Philip the Faire of his own meere motion and without being desired unto it by any man as Walsingam witnesseth He absolved saith he Philip the Faire King of France from the sentence of excommunication given out against him by his predecessour without being desired to it Wee read the Bull thereof to this day in Mr. Nicholas Gille in his Annals of Aquitain Amongst the testimonies of Popes wee will put that of Sylvester the second for the judgement which he passed before he was preferred to the Popedome and the excommunication which the Pope that then was threatned against the King and some Prelates of this Kingdome See here the place taken out of one of his Epistles which hee writ to the Arch-Bishop of Sens 9 I say confidently and boldly that if a Bishop of Rome hath offended against his brother and will not give eare to the admonitions which should bee divers times given by the Church I say that same Bishop of Rome by the commandement of God must bee accounted as an Heathen and a Publicane For by how much the degree is higher by so much the fall is greater But if hee account us unworthie of his communion forasmuch as none of us will consent with him in that which is against the Gospel hee cannot therefore separate us from the communion of Christ. And presently after We should not therefore give this advantage to our ill-willers as to make the Priesthood which is but one in all places as the Catholique Church is but one seeme to bee subject to one man only in such sort that if hee be corrupted by money or favour or fear or ignorance no man can bee Priest but hee that shall be commended unto him by such virtues as these 10 Whence wee collect that the Popes have no more power over our Kings in matter of excommunications than other Bishops whether of their owne Kingdome or strangers The Courts of Parliament of this Realme and especially that of Paris have alwaies stood out against such excommunications and have declared them to bee frivolous nullities and abusive yea and have proceeded with rigour and severitie against the bearers of them The Arrests given out against the Buls of Benedict the thirteenth the two Gregories the thirteenth and fourteenth are sufficient witnesses hereof Now it is not only true that our Kings cannot be excommunicated but which is more they may absolve such of their subjects as are excluded from the Communion of the Church yea they are accounted to restore them to their former state by the meere admitting of them to their table or into their company This is a thing which wee finde upon record in the Capitularie of Charles the Great in these words If the Royall power doe receive any delinquents into favour or admit them to his table they shall be likewise received into the assemblies of the people and Clergy in Ecclesiasticall communion to the intent that the ministers of God may not reject what the pietie of the Prince doth admit The Prelats of France have observed this law at other times Ivo Bishop of Chartres saith hee