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A44721 A German diet, or, The ballance of Europe wherein the power and vveaknes ... of all the kingdoms and states of Christendom are impartially poiz'd : at a solemn convention of som German princes in sundry elaborat orations pro & con ... / by James Howell, Esq. Howell, James, 1594?-1666. 1653 (1653) Wing H3079; ESTC R4173 250,318 212

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jure suffragiorum beneficio Electorum atque populi quisque imperat Haec verissima esse convenit inter omnes annalium rerum humanarum divinarumque peritos atque jam saepius utriusque juris Caesarei atque Pontificii coelestis thesauri testimoniis comprobatum est Nonnulli quidem sanctuli praeter fas contra naturae legem docere non erubescunt pastoris beneficiarium esse Dominum neque ante principem principum esse aut nominari oportere quàm ille servus servorum Author fiat dignum judicârit qui regnet sed haec cum maxima Christianae Reipub. pernicie intollerabili populi Christiani imperatoriae Majestatis jacturâ nec sine gravissimo Tetrarcharum Dynastarum Clientium imperii detriment●… instigante Stygio principe domino hujus mundi commenta esse eventus docet exitus probat Quare decernimus perpetuò sancimus Edicto nimirùm ex solo Electionis beneficio omnem potestatem imperiumque proficisci nec ullo pacto pontificis Romani in hac re sanctimonia flaminio authoritate consensu opus esse Quicunque aliter docuerit senserit ●…actitarit crimine laesae Majestatis reus hostis reipub atque proscriptus esto capite paenas solvito bona ejus publica sunto praedia infiscentur The most holy Empire being the highest power upon earth is the gift of heaven For the Emperour is first before all and second after God Almighty by whom the eternall Majesty does bestow Lawes Rights and Kingdomes to mankind and so great a name is onely given by God to whom onely he is accountable for the administration of the Commonwealth By the election of the Heptarchicall Electors according to the custome of our Ancestors and by the Law of Nations he is King and call'd so For him to send Ambassadours to the Priest of Rome that he would authorize him and give him leave to administer is against the Majesty of the Empire but to binde himself unto him by oath and seek of him the use of the royal Diadem is Religion The Pastor hath no right to any of these things who is servant to his sheep and serves the flock in consecrating the Lord For by right of suffrage by the benefit of the Electors and people every one reignes That these things are true is well known to all those that are vers'd in Antiquity never so little where they shall finde this Doctrine confirm'd not onely by Caesarean but Pontificial testimonies themselves Yet neverthelesse some Sciolists or little modern Saints doe not blush to teach the contrary viz. That the Lord is a Beneficiary to the Shepheard and that the Emperour may not be call'd Prince of Princes till he receive his authority from servus servorum from the servant of servants as the Pope stiles himself to be But this cannot be without much mischief to the Christian Commonwealth and without the utter overthrow of the Imperial Majesty on which so many Princes and Potentates depend Therefore it may be called a Doctrin suggested by the Stygian Prince and belched forth out of hell Therefore we decree and divulge it for an everlasting Sanction that the Caesarean Majesty is derived from the power of Election and not from any sanctimony consent or confirmation of Pontificall authority And whosoever shall maintain publish or teach otherwise we pronounce him criminall of High Treason a professed Enemy to the Imperial Commonwealth and worthy of capitall punishment or Proscription that the property of his goods be altered and confiscated Yet notwithstanding this solemn Sanction how hath the Papal power encreas'd upon the Imperial of late times Caesar was us'd to summon universal Councells It was Constantine the Great who call'd the Nicene Counsel Theodosius the Constantinopolitan Theodosius Iunior the Ephesian Martianus that of Chalcedon which four Councels are next in authority to the 4. Evangelists they are like the 4. Rivers that ran through Paradis Besides how many other General Councels were indicted by Emperors Besides it was their Prerogative to institute Popes Henry the 3. created Clement the 2. Damasus the 2. Leo 9. and Victor the 2. Nay Caesar was us'd to punish the contumacies and exorbitances of the Pope So did Otto the 1. chastice Pope Iohn and Benedict Henry the 3. Sylvester and Gregory Henry the 5. depos'd Pope Paschal There is a cloud of examples to prove this The summons of Henry the 4. to Gregory Hildebrand that Satanical St. as Damianus stiles him are very remarkable Tu Hildebrande non jam Apostolice sed false Monache descende vendicatam tibi sedem Apostolicam relinque Alius sedem B. Petri ascendet qui nulla violentiam Religione palliet sed Beati Petri doctrinam doceat Ego Henricus Rex dei gratiâ cum omnibus Episcopis nostris tibi dicimus descende descende Thou Hildebrand who art no apostolical but a false Monk descend leave the Apostolical seat which thou claimst another shall ascend blessed Peters Throne who will not palliate violence with Religion but teach Peters pure Doctrine I Henry by the grace of God King with all our Bishops do tell thee descend descend I do not see but the Emperor is Caesar still and endow'd with the same power Now touching the oth which the Pope exhibits to the Emperor it is not an Oth of alleageance or fidelity but that Oth relates to the protection and defence which he is bound thereby to give the Holy Church which Lords use to promise ordinarily to their Vassalls and temporal Princes to their subjects And whereas of old the Emperor out of a pious reverence to the Church did use to calculate the time of his reign from the day of his Coronation by the Pope we know well that that custom is grown obsolet and antiquated by a long desuetude In so much that the German or Electorian Coronation is now as valid as the other And I pray how many Emperors have omitted the Papal Coronation and neglected those superfluous formalities and ceremonies The Emperor Henricus Auceps being invited by the Pope to be crown'd at Rome answered It was sufficient for him to be King of the Romans by Gods Grace and so oblig'd to protect Germany from the incursion of infidells Rodolph the 1. gave such an other answer being advis'd to go to Rome to be crown'd Italy said he I know hath consum'd many Alman Kings I will not to Rome I am already King I am already an Emperor and I hope I shall be able to act for the Christian Common-wealth as if I had perform'd that ceremony at Rome The Canonists whose main endeavours are to elevate the Popes Miter above the Imperial Majesty would have it that when Caesar dies the Right is devolv'd to the Pope till a new Election But we well know most noble Princes that by our Golden bull it is ordain'd otherwise that during the Vacancy of the Empire the right of Administration appertains to the Electors of the Rhine and Saxony It is well known how Paul the 4. would have