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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A07192	Of the consecration of the bishops in the Church of England with their succession, iurisdiction, and other things incident to their calling: as also of the ordination of priests and deacons. Fiue bookes: wherein they are cleared from the slanders and odious imputations of Bellarmine, Sanders, Bristow, Harding, Allen, Stapleton, Parsons, Kellison, Eudemon, Becanus, and other romanists: and iustified to containe nothing contrary to the Scriptures, councels, Fathers, or approued examples of primitiue antiquitie. By Francis Mason, Batchelour of Diuinitie, and sometimes fellow of Merton Colledge in Oxeford.	Mason, Francis, 1566?-1621.	1613 (1613)	STC 17597; ESTC S114294	344,300	282

election according to the ancient manner and the laudable custome of the foresaid Church aunciently vsed and inuiolably obserued After which election orderly performed and signified according to the law it pleased her highnesse to send her letters pattents of Commission for his confirmation and consecration to seuen Bishops six whereof were lately returned from exile whose names with so much of the commission as concerneth this present purpose I will here set downe for your better satisfaction Elizabeth Dei gratia c. Reuerendis in Christo patribus Anth. Landauensi Will. Barlow quondam Bath Episcopo nunc Cicestrensi electo Ioh. Scory quondam Cicestrensi Episcopo nunc Herefordensi electo Miloni Couerdale quondam Exoniensi Episcopo Ioh. Suffraganeo Bedford Ioh. Suffraganeo The●ford Ioh. Bale Ossorensi Episcopo Quatenus vos aut ad minus 4. vestrum eundem Math. Parkerum in Archiepiscopum pastorem Ecclesiae Cathedralis Metropoliticae Christi Cantuar praedictae sicut praefertur electum electionemque praedictam confirmare eundem Magistrum Math. Parker in Arch Pastorem Ecclesiae praedictae consecrare caeteraque omnia singula peragere quae vestro in hac parte incumbunt pastorali efficio iuxta formam statutorum in ca parte editorum prouisorum velitis cum effectu c. Da● 6 Decem. Anno 2. Elizab that is That you or at the least foure of you would effectually confirme the said Matth Parker elected to bee Archbishop and Pastour of the Cathedrall and Metropoliticall Church of Christ at Canterbury aforesaid as is before mentioned and that you would effectually confirme the saide election and consecrate the saide Matthew Parker Archbishop and Pastour of the said Church and performe all and euery thing which belongs to your Pastorall office in this respect according to the forme of the statutes set out and prouided in this behalfe Behold how both the commission and statute concurre with the Canons PHIL. BVt was the consecration accordingly performed ORTH. You neede not doubt of it For first the Bishops to whom the letters patents were directed had reason to set their handes cheerefully to so good a worke so much tending to the aduancing of the true Religion which they all imbraced and for which all of them except one had beene in exile Secondly how durst they doe otherwise seeing it was enacted by a statute made in the 25. yeare of King Henry 8. and still in force that if any Archbishop or Bishop within the Kings dominions after any such election nomination or presentation signified vnto them by the Kings letters patents should refuse and not confirme inuest and consecrate with all due circumstance within twentie dayes after that the Kings letters patents of such signification or presentation should come to their hands then hee or they so offending should runne in the dangers paines and penalties of the statute of prouision and premunire made in the twentie fiue yeare of the raigne of king Edward the third and in the sixteenth of king Richard the second PHIL. This is some probabilitie but yet for all this seeing maister D. Sanders saith that you had neither three nor two Bishops and maister D. Kellison saith you could finde none I will not beleeue the contrary vnlesse you produce the consecration it selfe ORTHOD. Then to take away all scruple I will faithfully deliuer vnto you out of Authenticall records both the day when he was consecrated and the persons by whom Anno 1559. Matt. Park Cant. Cons. 17. Decem. by William Barlow Iohn Scorie Miles Couerdale Iohn Hodgeskins PHIL. IF all this were granted yet it were nothing vnlesse you could iustifie the consecration of his consecratours therefore you must tell me when they were made Bishops ORTHOD. Two of them in the raigne of king Henry 8. and two in the dayes of king Edward the sixt In the raigne of K. Henry B. Barlow and the Suffragan of Bedford Bishop Barlow was a man of singular note who to vse the wordes of Bale ab erudito ingenio famam accepit that is hee had great fame and renowne for a learned wit In regard whereof he was aduanced to be Prior of Bisham and from thence elected to the Bishoprick of Saint Asaph which election was confirmed 23. Febr 1535. and soone after it pleased the King to preferre him to the Bishopricke of Saint Dauids where hee continued all the dayes of King Henry duely discharging all things belonging to the order of a Bishop euen Episcopall consecration as I haue already declared out of authenticall records He was also translated by King Edward to the Bishoprick of Bath and Wels and by Queene Elizabeth promoted to Chichester And as he was generally acknowledged and obeyed as a Bishop in his owne nation so Bucanan relating how King Henry sent him Embassadour into Scotland doth giue him his iust Episcopall title Now you told vs before out of Sanders that in King Henries time none might bee acknowledged for a Bishop vnlesse hee were consecrated by three with the consent of the Metropolitane Wherefore seeing Barlow was so famously and notoriously acknowledged not onely in the dayes of Queene Elizabeth and King Edward but also in the dayes of King Henry it is a cleare case that hee was so consecrated The same is to be said of the Suffragan of Bedford PHIL. What tell you mee of Suffraganes you know how Damasus speaketh against those titulary Bishops called Chorepiscopi ORTHOD. There are two sorts of Chorepiscopi the first had no Episcopall Consecration who are reproued and that iustly for they were onely Priests and not Bishops and of these Damasus speaketh in the iudgement of Bellarmine The second had Episcopall Consecration and these though they had no citie nor diocesse of their owne but onely some countrey towne for their See yet in regard of their Consecration they were true Bishops as Bellarmine confesseth Respondeo Suffraganeos esse veros Episcopos quia ordinationem habent Iurisdictionem licet careant possessione propriae Ecclesia that is I answere that Suffraganes are true Bishops because they haue both ordination and Iurisdiction although they are not possessed of a Church of their owne And of this latter sort are the Suffraganes of England established by act of Parliament in these wordes Be it therefore enacted by authority of this present Parliament that the townes of Thetford Ipswich Colchester Douer Gilsord Southampton Taunton Shaftesbury Molton Marleborrow Bedford Leicester Glocester Shrewsbury Bristow Penreth Bridgwater Nottingham Grantham Hul Huntingdon Cambridge and the townes of Pereth and Barwicke S. Germans in Cornewall and the I le of Wight shall bee taken and accepted for Sees of Bishops Suffraganes to bee made in this Realme and in Wales And the Bishops of such Sees shall bee called Suffraganes of this Realme And for their consecration prouided alwayes that the Bishop that shall nominate the Suffragane to the kings highnesse or the

constitutions proceeded from the Apostles then you must confesse that they are the fittest interpreters of the Canons of the Apostles PHIL. THe Canon will be cleerer if wee compare it with the Decretall Epistles ORTH. Those Decretals are out of date They haue long shrowded themselues vnder the vizard of reuerent antiquity but now they are vnmasked and appeere to bee counterfeit as is confessed by your owne men Yet I will not take you at this aduantage and therefore let vs heare them PHIL. Anacletus saith that Iames who was named the Iust and the brother of the Lord according to the flesh was ordained the first Archbishop of Ierusalem by the Apostles Peter the other Iames and Iohn giuing a forme to their successours that a Bishop should by no meanes bee consecrated by fewer then three Bishoppes all the rest giuing their consents Likewise Anicetus Wee know that the most blessed Iames called the Iust which also according to the flesh is called the brother of our LORD was ordained Bishoppe of Ierusalem by Peter Iames and Iohn the Apostles Now if so great a man was ordained of no lesse then three verilie it is apparant that they deliuered a forme or pattern● the Lord so appointing that a Bishop ought to bee ordained of no fewer then three Bishops ORTHODOX Heere are two things to bee considered the ordination of Iames and the collection thereupon Concerning the ordination your Anacletus and Anicetus affirme that hee was ordained Bishop of Ierusalem by three Apostles and the same is auouched by Eusebius Hierome and others But what is meant when it is said that the Apostles ordained him PHIL. What else but that they conferred vpon him the Episcopall power as our Bishops doe when they consecrate a Bishop ORTHOD. Then belike before this ordination Saint Iames had not the Episcopall power PHIL. Very true ORTHOD. Was not he an Apostle of Iesus Christ PHIL. Yes for they speake distinctly of Iames the brother of our Lord of whom Saint Paul saith None other of the Apostles saw I saue Iames the brother of our Lord so it is euident that hee was an Apostle ORTHOD. And was he not called to the office of an Apostle immediatly by Iesus Christ consequētly had he not from him al Apostolick authority PHIL. All Apostolick I grant but we speake of Episcopal ORTHOD. As though all Episcopall authority were not comprehended in the Apostolick For what commission can be more ample then this which Christ gaue ioyntly to all his Apostles As my Father sent mee so send I you and Saint Paul proclaimeth that hee was in nothing inferiour to the chiefe Apostles If in nothing then not in Episcopall power and authority This is agreeable to the iudgement of the best learned among you Bellarmine saith Obseruandum est in Apostolica authoritate contineri omnem Ecclesiasticam potestatem i. It is to be obserued that in the Apostolicke authoritie is contained all Ecclesiasticall power If all Ecclesiasticall then surely all Episcopall In another place he proueth the same by the authoritie of S. Cyrill grounding vpon the words of Christ before alleadged Likewise Franciscus de Victoria Omnem potestatem quam Apostoli habuerunt receperunt immediatè a Christo i. The Apostles receiued immediatly from Christ all the power which they had Wherefore to say That Christ made Peter Bishop with his owne hands and that the rest deriued Episcopall power from Peter is a mere fancie Likewise to say that Peter Iohn and Iames did ordeine Iames Bishop that is conferre vpon him any Episcopall power is a mere dreame PHIL. Doe not the fathers commonly say That he was a Bishop ORTHO They say so And in so saying they say truely if they be rightly vnderstood For 1. The Scripture saith of Iudas His Bishopricke let an other man take That is his Apostleship If the Apostleship may be called a Bishoprick then an Apostle may be called a Bishop 2. The word Bishop signifieth an Ouerseer and may most aptly be applied to the Apostles which were the chiefe ouerseers of the Church of Christ. PHIL. Euery Apostle in that he is an Apostle may be called a Bishop in this generall sence But Iames being an Apostle was properly made a Bishop in the vsuall Ecclesiasticall sence ORTHOD. A Bishop in the Ecclesiasticall sence hath two properties For 1. hereceiueth his Episcopall power by imposition of hands 2. For the execution thereof hee is confined to a certaine place Neither of which can properly be applied to an Apostle For though the Apostles made their chiefe abode in great Cities and populous places as namely Iames at Ierusalem yet because their Commission extended to all Nations they could not be so tied to any one place as the Bishop was Which is well expressed by Epiphanius saying The Apostles went often to other countreis to preach the Gospel and the Citte of Rome might not be without a Bishop As though he should say The Apostles were to preach to all Nations but the Bishops duetie did confine him to his owne charge This is correspondent to the Scripture which calleth the Apostles The light of the world whereas the 7. Bishops of Asia are stiled The 7. Starres and Angels of the 7. Churches And though the Apostles while they stayed in those Cities did preach ordeine Ministers execute Censures and all other things which are now performed by the Bishops who succeed them in the gouernement of the Church in regard whereof the fathers call them the Bishops of those places yet their Episcopall power was not distinct from their Apostolicke but included in it as a branch thereof not deriued from any Ordination by the hands of man but giuen them immediatly by Iesus Christ. PHIL. If Iames receiued no Episcopall power by Ordination in what sence is it said That they ordained him ORTHOD. Your glosse of the Canon Law giueth 4. senses of that speach Either say that these 3. did Consecrate him onely with visible Vnction but he was before Annointed of the Lord after an innisible maner Or say they did not ordeine him but onely shewed a forme of ordaining vnto others Or say that they ordained him not to be a Bishop but an Archbishop Or say that they ordained that is Inthronised him to the administration of a certaine place for before he was a Bishop without a title Hitherto the Glosse And verily as the Prophets and teachers at Antioch imposed hands with fasting and prayer vpon Paul and Barnabas not to giue them any new Ecclesiasticall power for that is more then wee finde in the Scripture but as the Text saith To set them apart for the worke whereunto the Lord had called them So the Apostles might impose hands vpon Iames not to giue him any Episcopall power that fancie hath bene before confuted but by common consent to designe him to the gouernement of the Church of Ierusalem and to commend him and his

Land in the time of the Apostles PHIL. OVr Countrie of great Brittaine hath beene three times conuerted to Christianitie by three Bishops of Rome First by Saint Peter Secondly by Eleutherius Thirdlie by Pope Gregory Saint Peter came hither in person Eleutherius and Gregorie by their Legates ORTHOD. The first conuersion may bee considered in generall or in particular In generall it is most cleare that our countrey receiued very anciently the Christian faith Theodoret saith Neither the Aethiopians which border vpon the Egyptian Thebes nor many other nations of the Ismaelites not the Lazi not the Sammi not the Auasgi not many other barbarians hauing yeelded themselues to the dominion of the Romans doe vse in their trafficke any of the Roman Lawes but these our fishermen and Publicans and this our tent maker haue brought the Euangelicall law vpon all nations neither haue they induced the Romans onely and those which liue vnder the Roman Empire but the Scythians Sauromatae also the Indians Persians Seres Hyrcans Britans Cymmery Germans and to speake in one word all kinde of men and all nations to receiue the lawes of Christ crucified not vsing any armour not an infinite number of chosen souldiours not the violence of Persian crueltie but the perswasion of wordes setting before them the commoditie of the Lawes which they preached Thus farre Theodoret. And before him Saint Hierome France and the Brittaines and Affricke and Persia and the East and India and all Barbarous nations adore one Christ and obserue one rule of trueth And before him Saint Chrysostome Whithersoeuer thou shalt goe to the Indians to the Moores to the Brittaines to the Spaniards yea to the furthest end of the world thou shalt finde in the beginning was the word and the word was with God c. And before Chrysostome Athanasius To which Fathers of the Nicen Councell all Churches euery where haue giuen their consent in Spaine Britaine France c. And before Athanasius Tertullian the places of the Britanes whereunto the Romans could not haue accesse are subiect vnto Christ. And before Tertullian Origen When did the land of Britaine consent to the Religion of one God before the comming of Christ when did the land of the Moores when did the whole world at once but now the whole earth prayeth to the Lord of Israel with ioy because of the Churches which are in the vtmost cost of the world To these agreeth that which Polydor Virgil bringeth out of Gyldas the most ancient Writer of our nation That Britaine receiued the faith ab initio orti Euangelij from the first springing of the Gospell So at the very dawning of the day to them that were in darkenesse and in the shadowe of death the euerlasting light appeared and the Sunne of righteousnesse did shine vpon them The barren wildernesse of Britaine became a fruitfull garden and was graciously watered with the dew of heauen Thus it was in part fulfilled which was foretold by the Psalmist I will giue thee the heathen for thine inheritance and the vttermost parts of the earth for thy possession HItherto in generall Now in particular who were the first golden pipes and Conduits to conueigh the water of life vnto them is not so certaine PHIL. Some thinke it to be Saint Peter some Saint Paul some Simon Zelotes some Aristobulus some Ioseph of Arimathea But the best opinion is that it was Saint Peter which father Parsons hath prooued by sundry authorities First by Simeon Metaphrastes ORTHODOX This authoritie deserueth small credit as you may learne of Baronius in these speeches If any credit bee to bee giuen to Metaphrastes And againe In many other things by him set downe it is certaine that he erreth PHIL. This matter seemeth to bee somewhat confirmed by that which Innocentius the first Bishop of Rome hath left written aboue a thousand and two hundred yeeres agoe saying That the first Churches of Italy France Spaine Africa Sicilia and the Ilands that lye betwixt them were founded by Saint Peter or his schollers or successors ORTHOD. Parsons proposeth this very faintly not daring to say it is but it seemeth to bee neither seemeth to bee confirmed but seemeth to bee somewhat confirmed and yet this somewhat is neuer a whit for Innocent saith not that these Churches were all founded by Saint Peter but by Saint Peter or his schollers and successors Neither doth it appeare that hee speaketh of Britaine either expresly or by consequence for though it bee an Iland yet it lyeth neither betweene Italy and France nor Italy and Spaine nor Italy and Africk nor betweene France and Spaine nor France and Africk nor betweene Spaine Africk neither is it neere to Sicily What then is the meaning of Innocent hauing named on the one side of the Mediterranean sea Italy France and Spaine and on the other side Africk hee addeth Sicily and the Ilands that lye betweene them as though hee should haue saide Sicily and the other Ilands in the Mediterranean sea howsoeuer the scituation will not suffer vs to vnderstand it of Britaine PHIL. Gulielmus Eysengrenius in his first Centurie or hundred yeeres doth write also that the first Christian Churches of England were founded by Saint Peter vnder Nero. ORTH. Eysengrenius a man liuing in our owne age for he wrote Anno. ●566 cannot bee of great authoritie especially in a matter of antiquitie and yet hee is of lesse because hee leaneth on such rotten reedes as Metaphrastes saying Metaphrastes affirmeth that many Churches were built by Peter the standard bearer of the Apostles through Britaine PHIL. To this founding of Churches in England by Saint Peter it may bee thought that Gildas had relation when expostulating with the Britaine Priestes of his time for their wickednesse for which the wrath of God brought in the English Saxons vpon them hee obiecteth among other things Quod sedem Petri apostoli inuerecundis pedibus vsurpassent That they had vsurped the seate of Saint Peter with vnshame fast feete meaning thereby either the whole Church of Britanie first founded by him or some particular place of deuotion or Church which hee had erected ORTH. Neither is Parsons peremptory in this point For he saith not it is to be thought but it may be thought wherefore in his owne iudgement it is not a consequence of necessitie but a collection of probabilitie and to any indifferent man it will not appeare so much as probable if hee ponder the place of Gildas Sedem Petri Apostoli inuerecundis pedibus vsurpantes sed merito capiditatis in Iudae traditoris pestilentem Cathedram decidentes they occupy the seate of Peter with vnshame fast feete but by the desert of their couetousnesse they fall into the pestilent chaire of the traitour Iudas If the chaire of Iudas doe not argue that Iudas was in England why should the seate of Peter argue that Peter was in England And the

of excluding Emperours periury cruelty abominable lust and all manner of villany CHAP. VIII Of the election of Popes from the time of the Emperour Otho to Henry 4. WHen the race of Charles fayling the Westerne Empire was translated to Otho the Romans ashamed to see such a snake in the seat of Peter earnestly Intreated the Emperor to prouide for the Church by remoouing the monster Whereupon Iohn the 12. was deposed and Leo the 8 made Pope in his place PHIL. Leo was no Pope but a schismaticall Antipope ORTHOD. Hee was chosen in a great Romane councell by the voice of all in the presence and with consent of the Emperour Hee is acknowledged for a lawful Pope and put into the Catalogue of Popes by an infinite number of writers as Binius confesseth And therefore you must giue mee leaue so to call and account him Now to proceed This Pope Leo in a Synod with the whole Clergie and people of Rome decreed that from hence forth no man of what dignity or religion soeuer should haue any power to elect either Patricius or Bishop of the high See Apostolike or to ordaine any other Bishop without the consent of the Emperour PHIL. This Canon is counterfeit which may appeare because Leo is heere said to propose vnto himselfe The example of Adrian who graunted Inuestitures to Charles whereas the name of Inuerstitures was not in vse in the time of Charles ORTHOD. Baronius from whom you borrow this argument should haue done wel to haue cast the natiuity of Inuestitures that so we might haue known vnder what constellation they had bin borne Is it enough for him to say they were after Charles not to proue it I need not here dispute whether they came from the Lumbards or no the testimony of the Canon law is sufficient to ouerballance the bare coniecture of Baronius PHIL. It is said in the Canon That this grant was made to Otho in the Church of our Sauiour Now what author maketh mention of any such councel wherin any such grant was made to Otho ORT. Luitprandus maketh mention of this councell at which hee was present and Gratian hath recorded and enrolled this very Canon what would you more we cite the Popes own Canō out of the Popes Canon-law notoriously known to all the Canonists the pillars of Popery acknowledged by Genebrard a most partiall parasite and related by Sigon●us the Popes owne chronicler The noble men of Rome saith hee to aduance their owne priuate power corrupted them to whō the Popes election belonged thereby filled the Church almost 200 yeres together with grieuous seditions scandalous euils and disorders These were the Marques Albert Alberike his sonne a Consul the Earles of Thusculum and they who were of their kinne or by their meanes had growne to wealth Who either bribing the people and Clergy with money or spoiling them of the ancient libertie of the Election by whatsoeuer other meanes preferred at their lust their kinsmen or friendes men commonly nothing like to the former Popes in holinesse and good order For the repressing of whose outrage Pope Leo the eight reuiued the law which had beene made by Adrian the first and repealed by the third that no Pope elected should vndertake the Popedome without the Emperours consent Which law being taken away the state of the Church was put againe in great danger through the priuate lustes of the same factions Thus hee acknowledgeth that Leo was a Pope that Pope Leo reuiued this Canon and likewise that this Canon was profitable to represse sinne and that the abrogation of it had brought the Church into great danger But though this Canon were so good made by the approbation of the Romanes which had sworne before vnto Otho that they would neuer chuse a Pope without the consent of him and his sonne yet they went about presently to plucke their neckes out of the coller Otho was no sooner departed then they put out Leo and restored Iohn after whom dying within a fewe dayes they put in Benedict whom the Emperour comming with fire and sword compelled them to deliuer vp vnto him and to admit of Leo. AFter the death of Leo the Romanes sent Embassadours into Saxonie to the Emperour to know his pleasure at whose returne Iohn the thirteenth was chosen whom after a while the Romanes banished When the Emperour heard this hee came to Rome Banished the consuls hanged the tribunes and caused Peter the gouernour of the citie being the cause of all these broiles to be stripped and whipped and carried through the streets vpon a horse with his face backward Thus Otho put a bit in their mouthes and kept the bridle in his hand while hee liued but after his decease the former faction preuailed For Boniface the seuenth who came in by villanie robbed his Church and being cast out by violence recouered it againe by money got with sacriledge was chosen by the Romanes of whom Baronius saith that hee was a most cruell murderer of two Popes and had not one haire of a Roman Bishop deseruing to bee reckoned among most famous thieues and ransakers of their countrey in which he went beyond Sylla and Catiline Yet after this the Emperours had againe a hand in the election For Otho the third aduanced his cosen Gregory the fifth whom Crescentius a rich Romane expelled and put another in his place which when the Emperour heard hee came to Rome with a great armie hee caused the Antipope to bee apprehended commanded his hands and eares to bee cut off and his eyes to bee pulled out Then hee besieged Crescentius and hanged him vp aloft in the sight of the citie Thus Gregory was restored vnto his place PHIL. PRoceed vnto the next Pope Syluester the second was not hee also chosen by the Emperour you tell vs of monsters but if wee may beleeue Platina this was a monster of monsters For hee is said to haue beene a Nicromancer and for the Popedome to haue sold his soule to the diuell such were the elections of the Emperours ORTHOD. If hee were a Coniurer then I beseech you make a stand a while looke backe and take a view of your golden succession wherein are so many monsters villaines and rakehels But what if hee were not Baronius thinketh that this is a slander arising from his sodaine promotion and beleeued among the ignorant because he was an excellent Astronomer Onuphrius wondreth that Platina and some others were so negligent and credulous as not onely to suffer without reproofe such imputations to be laid vpon the best and most learned men by the writers of those times but also to follow their ignorance Thus in stead of a Coniurer hee is become a most holy and learned man But whatsoeuer he was if the Emperour did chuse him it was at the request of the people as may appeare by

already performed by Imperiall authoritie Thus you see the practise of the Emperours in the Church of Constantinople no man contradicting them and the very last of these examples was aboue 300. yeeres before the grant of Adrian yea aboue 100. yeeres before Vigilius Now from the Imperiall Cities let vs come to the kingdome of Spaine CHAP. X. Of the Election of the Bishops of Spaine IN the 16. Councell at Tolledo it was concluded That if a Bishop did not set his helping hand to the extirpation of Idolatrie he should be deposed Alio ibidem Principali Electione constituto Another being appointed there by the Princes Election This Councell was holden in the yeere 693. fourescore yeeres before Inuestitures were granted to the Emperour Charles by Pope Adrian And before that it was decreed in the 12. Councel of Tolledo as followeth It hath pleased all the Bishops of Spaine and Galicia That sauing the priuiledge of euery Prouince it shall hencefoorth be lawfull for the Bishops of Tolledo to set vp such Prelates in the Sees of their predecessours and to choose such successours for Bishops departed as the Princely power shall Elect and finde worthy by the iudgement of the foresaid Bishops of Tolledo This Councell was holden in the yeere 681. almost an 100. yeeres before Pope Adrian And yet the Kings of Spaine had authoritie to Elect before this Councel which may appeare by these wordes of Baronius Wee must not be ignorant of this point that the Kings of the Gothes in Spaine did challenge to themselues the nomination of such Bishops as were to bee made which nomination of them made by the King was referred to a Councell that they might iudge of the qualitie of the person whether he were worthy of a Bishoprick These things are euident by the Monuments of ancient writers Now because much time passed before they could be dispatched by reason whereof the Sees were long vacant therefore the Councell made the decree Thus it is euident that the authoritie of the Councell was translated to the Archbishop but the Kings authoritie was the same as before and had so bene from the time of the Gothes PHIL. Indeed in the time of the Gothes it was in the Kings and so hath continued in the Kings of Spaine to this present age by the indulgence of the Popes ORTHOD. The ancient Kings of the Gothes were Arrians and enemies to Christ did they elect Bishops by indulgence of Popes PHIL. They did it by tyrannie will you take a paterne from Arrians and Tyrants ORTHOD. The Arrians of Spaine were conuerted in the yeere 589. and professed the faith in the third Councell of Toledo Yet the Orthodox Kings continued their authoritie in Elections Shall we say that they tooke a patterne from Tyrants and Arrians Neither did the Arrian Kings offend in that they elected Bishops but in that they elected Arrian Bishops Neither is an Orthodox Prince bound to relinquish his owne right because it hath bene abused by hereticall Princes For the right of Princes is most ancient deriued neither from Pope nor Arrian but from the patterne of Salomon who chose Sadok high Priest aboue 1000 yeeres before either Arrian or Papist was borne Hitherto of Spaine CHAP. XI Of the Election of the Bishops of France IN France the Kings had the choise of Bishops almost 300. yeeres before the Empire came to their hands For their first Christian King Clodoueus conuerted in the yeere 499 elected Dinifius Bishop of Turone After him succeeded Childibertus who made his brethren Clodomer Theodorick and Clotharius partakers of his Kingdome all which vsed the same authority for by the commandement of Clodomer Omasius was made Bishop of Turone after Dinifius by the commandement of Theodorick Quintianus was made Bishop of Aruerne by the commandement of Clotharius Cato was appointed to be Bishop of Turone which when he refused and afterward would haue had it the King repelled him After the death of Clotharius raigned his sonne Cheribert who made Pascentius Bishop of Poictiers But why should I reckon vp any moe There is a world of examples recorded by Gregorius Turonensis collected from him by one of our learned Bishops all which were aboue a thousand yeeres agoe Afterward when the French Kings became Roman Emperours Pope Adrian decreed and defined that they should haue not only Inuestitures but also the disposing of the Roman See as hath beene declared And although Lodowick the sonne of Charles bee said to haue renounced the right of choosing the Bishop of Rome yet as the Court of Paris affirmeth He alwaies retained Inuestitures Neither had the Kings of France of ancient time authority in Bishopricks onely but in benefices also Si ad priscorum institutorum normam saith Duarenus omnia exigere velimus nullum est in Gallia beneficium nullum Ecclesiae ministerium quod absque regis consensu cuiquam deferri possit if wee will examine all things according to the rule of ancient constitutions there is in France no benefice no ministry of any Church which can bee conferred vpon any man without the consent of the King Notwithstanding it came to passe in processe of time that the Pope by his prouisions reseruations and expectatiue graces made lamentable desolation in the Church of God for redresse whereof when the councell of Basill had published most worthy decrees Pope Eugenius went about to disanull them VVherefore Charles the 7. king of France at the supplication of the councell and by the aduice of his owne Bishops assembled in Synod vndertooke to protect them to which purpose hee set out that noble constitution called the pragmaticall sanction which was receiued with such an applause of all good men that the like was neuer heard of in the kingdome of France This pragmatical sanction was fitly called by a great learned man the Palladium of France for as the image of Pallas was said to fall downe from heauen among the Troianes so this sanction seemed to be sent from heauen by diuine prouidence among the Frenchmen And as Apollo did prophesie that the remouing of the Palladium would be the destruction of Troy so wise men presaged that the taking away of this Sanction would portend great calamity to the Church of France Yet for al this the Popes would neuer be quiet till they had if not wholly vanquished yet wonderfully weakened it especially Pius the 2. who was one of the Bishops in the councel of Basil but now beeing Pope hee is become another man neither wanted there some which to please the Pope opposed themselues against it whose subtilties and Sophismes are answered by that famous Canonist Archbishop Panormitan who was himselfe also one of the Bishops in the councel of Basil. Yea the court of Paris offered a booke to Lodowick the eleuenth wherein they declared how by the abrogation of the Sanction foure mischiefs would follow the first A confusion of the

whole Ecclesiasticall order the 2. a desolation of their country the 3. the impouerishing of the kingdome by wasting their treasure the 4. the ruine and subuersion of Churches The consideration of which things so preuailed with the King that Pope Pius was disapointed of his purpose PHIL. That which Pius could not performe in the daies of Lewis videlicet that the pragmaticall Sanction should be taken cleane away was afterward effected by Leo the 10. in the reigne of King Francis the first therefore in the councell of Lateran the pragmaticall Sanction was abrogated by a publique Decree ORTH. King Francis to vse the words of Duarenus made choice rather to serue the stage and the time with his owne profit as hee himselfe confesseth and remit somewhat of the publique right then to striue so oft with the Popes about this Helena especially seeing he perceiued that some danger from them did hang ouer his head Yet for al this the Sanction cannot be said to bee cleane taken away For the vniuersity of Paris did interpose an appeale to the next general councell which appeale stood with iustice equity for 3. reasons first because the fact of the king was not voluntary but by compulsion Secondly because the Parisians whom it must concerned were neither called nor heard Thirdly because there is no reason that the councell of Lateran and constitution of Leo should derogate from the authority of the councel of Basil. And if we should suppose that it did not onelie derogate from it but also abrogate it yet the verie constitution of Pope Leo yeeldeth to the King the power of nomination in these wordes VVhen a Cathedrall or Metropoliticall Church is vacant let not the Bishoppe bee chosen by the Colledge of Canons but let the King within sixe monethes offer and nominate a graue and fit man to the Pope Thus it is euident that the French Kings retained their right and authoritie in making of Bishoppes euer since their first embracing of the Christian faith And had they this by the indulgence of the Pope Let the Councell of Basill be witnesse let Charles the seuenth bee witnesse let the Court of Paris bee witnesse yea let King Francis himselfe who confessed that when hee went against the sanction hee remitted of the publique right be witnesse And thus much for France CHAP. XII Of the Election of the Bishops of England PHILOD COncerning England King Henry the first did pretend to challenge Inuestitures as vsed by his father and brother before him whereof yet notwithstanding wee finde no expresse proofe or example in any of our histories that they vsed them much lesse that they were lawfully granted vnto them ORTHOD. I will prooue both that they vsed them and that they vsed them lawfully That his brother William Rufus vsed them may appeare by William of Malmesbury who declareth that the King being sicke made mention of the Archbishopricke of Canterbury which was then voide and willed the Bishops to consider of it who answered that whom the King should thinke worthy they all would accept willingly Itaille cubito se attollens hunc ait sanctum virum Anselmum eligo ingenti subsecuto fragore fauentium so he raising himselfe vp vpon his elbowe saide I elect this holy man Anselmus whereupon followed a great applause Now that Bishoprickes in those dayes were giuen by deliuering of a ring and a staffe may appeare by Rafe Bishop of the South Saxons who being threatened by the same King baculum protendit annulum exuit vt si vellet acciperet held out his Crosier put off his ring that the King might take them if hee would intending thereby to resigne his Bishoprick That William the Conquerour vsed the like authoritie is also manifest by the same authour saying Nondum ille efflauerat cum a Gulielmo Rege Lanfrancus Cadomensis Abbas ad Archiepiscopatum electus est Stigandus had not yet breathed out his Ghost when Lanfranck Abbot of Saint Steuens in Cane was elected by King William the Conquerour to the Archbishoprick The like may be shewed before the Conquest where by the way let me tell you that wee stand not so much vpon the ring and the staffe as vpon the thing it selfe that is the Princes power and authoritie for which I will produce some examples as it were a few clusters of a great vintage beginning with Edward the Confessour of whom Malmsbury faith Rex Robertum quem ex Monacho Gemiticensi Londoniae fecerat Episcopum Archiepiscopum creauit the King Edward the Confessour created Robert Archbishop whom before of a Monke he had made Bishop of London And before that King Alfred made Asserio Bishop of Shierburne and Denewulfus Bishop of Winchester and more then two hundred yeeres before that Edelwalke King of the South Saxons promoted Wilfrid to an Episcopall See Thus it is euident that as in other Kingdomes so in England Inuestitures were anciently practised by Princes Wherefore King Henrie the first might haue challenged them not onely as vsed by his father and brother but also as the ancient custome of the Kingdome in the time of the Saxons Wherein onely this was the difference that in ancient time Princes vsed them without contradiction but now the Popes perceiuing that if Princes should haue the bestowing of them after the olde custome it would abate that power to which they themselues aspired beganne to spurne excommunicating both the giuers and takers This was done in the fifth and seuenth Romane Councels vnder Gregory the seuenth but Pope Vrban went further decreeing that not onely the giuers and takers but also all such as consecrated any man so promoted should bee excommunicate At this Councell Anselmus was present by whose aduise and perswasion the decree was made Whereupon when after the death of William Rufus King Henry the first not knowing of this decree much lesse imagining that it was concluded by the meanes of Anselmus had called him home hee well rewarded the kindnesse of so gracious a Prince for first hee would not bee induced to doe his homage to his Lord and Soueraigne was not this a good subiect did hee not well deserue to be canonized for a Saint then he refused to consecrate those whom the King did inuest to Bishoprickes by a staffe and a ring so the King commanded Gerard Archbishop of Yorke to performe that office as Malmsbury Matthew Paris and Roger Houeden doe testifie PHIL. But what followeth in the same authours William Gifford Elect of Winchester refused to receiue Consecration from him and was therefore by the king banished the land Rinelmus Elect of Hereford resigned his Bishopricke into the kings hands being troubled in conscience because hee receiued inuestiture from a lay Prince by occasion of which broiles the rest to whom the king had giuen inuestitures remained vnconsecrated ORTHOD. Whose fault was that not the kings who required no more then was confirmed