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A17976 Iurisdiction regall, episcopall, papall Wherein is declared how the Pope hath intruded vpon the iurisdiction of temporall princes, and of the Church. The intrusion is discouered, and the peculiar and distinct iurisdiction to each properly belonging, recouered. Written by George Carleton. Carleton, George, 1559-1628. 1610 (1610) STC 4637; ESTC S107555 241,651 329

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meeting that matters might be composed if it might be and troubles preuented The meeting was appointed at Diuion Thither came Frederick and Uictor Thither came Henry the second King of England and William King of Scotland But Alexander was so much afraid of this meeting that hee perswaded Philip the French King who had promised to meete the Emperour here to practise a trick which better beseemed a shifting Pope then an honourable Prince The deuise was that the French King should come to the place before the Emperor was come wash his hands in the Riuer that ran by the place and by the voice of a Criar should call the Emperour three times and as if this were the keeping of his promise afterward hee should depart When the Emperour and the Kings of England and Scotland were come to the place and heard what the French King had done they were much offended that the King should so Popishly disappoint his promise therefore they willed Victor to returne to Rome and went their waies 112. I passe by Fredericks iourney to the holy land his warres there how Pope Alexander sent his Image to the Souldian how being taken prisoner when he would haue dissimulated his estate he was knowne by his picture how after his returne he raised an Army and led the same into Italy against Alexander how against the Venetians who tooke part with Alexander he sent his sonne Otho how his sonne was taken prisoner which estate of his sonne gaue Alexander the aduantage and made the Emperour content to yeelde The conclusion was The Emperour must come into Saint Marke his Church in Venice and there humbly seeke absolution at the Popes handes Fredericke did so The Pope commanded him to aske pardon prostrate on the ground the Emperour suspecting no contumely did so The humble milde and mortified Vicar of Christ hauing the Emperor thus prostrate before him set his foote vpon the Emperours necke vsing those wordes Super Aspidem Basiliscum ambulabis conculcabis Leonem Draconem The Emperours answere was Non tibi sed Petro The Pope replied Et mihi Petro. These be examples of the Popes power in excommunicating Emperours from which examples they draw the claim of a right which they pretend to haue The Popish writers hope that men will be perswaded by the examples of the Popes power that this power was giuen to S. Peter and in him to all Popes because there appeareth such Christian moderation humility and mildenesse therein Though there be nothing in Scripture for them but all against them though the auncient fathers expresly denied the Popes to haue Iurisdiction ouer other Bishpopes yet they doubt not but they shall finde some that will rest perswaded that Christ left this fulnesse of power to the Popes which conteineth Soueraigne Iurisdiction not onely ouer all Bishoppes but ouer all temporall Princes also Henry the sixt and Philip. 113. HEnry the sixt Emperour succeeded Frederic This Henry left a young sonne Frederic an Infant yet elect to be Emperour and committed his education and weldoing to the trust of Pope Innocens the third leauing the Empire to his brother Philip vntill the childe should growe to age Pope Innocent this trustie tutor purposing the destruction both of Philip and young Fredericke set vp another Emperour which procured great vexation and trouble to them and to all Germany And first he quarrelled Philip that he stood vnder an old excommunication of Celestinus but afterward making semblance of fauour and reconciliation with him hee sent the Bishoppe of Sutrium to demand pledges certaine men whose eyes his brother Henry had plucked out The Bishoppe came and receiued the blinde pledges and at the earnest request of Philip absolued him from the excommunication The Pope when he had gotten these blinde men made publicke shew of them to moue enuie against Philip that done he excommunicated the Bishoppe of Sutrium for absoluing Philip without his commaundement the Bishoppe was depriued and so stood depriued all the daies of his life Then laboured the Pope to stirre vp Bertholdu●… Duke of Zaringia against Philip whom he would haue obtruded to the Electours But Berthold vtterly refusing to rebell sent his Nephewes to Philip for Hostages of his Faith and Alleageance and came himselfe and sware Alleageance to him at which the Pope taking great indignation brake out into these wordes Either shall the Pope pull the Crown from Philip or Philip shal pull the Miter from the Pope And sent therefore to Otho sonne to Henry Leo a Prince more noted for boldnesse pride and ambition then for wisedome and moderation 114. To this man the Pope Innocent sent a Crowne and set him vp against Philippe for the Empire excommunicating Philippe and pulling all helpes from him that possible hee could and so filled the world with warres As Philip and Otho were thus plunged in warres all Princes and people troubled there was not a Bishopricke or Ecclesiasticall dignity or Parish-Church which was not made litigious and in the common miseries of Christendome and confusion of the Church the Pope onely reioyced increasing his wealth by the ruines of the Church the calamity of all men was turned to his happinesse To expresse this true felicity of the Pope and the Court of Rome in the misery and vexation of all the world mine Authour breaketh out into these wordes O our mother Rome reioyce because the Cataracts of earthly treasures are opened that vnto thee Riuers may flow and Mountaines of siluer may be brought in great abundance to thee be thou ioyfull for the iniquity of the sonnes of men because in recompence of so much mischiefe as from thee proceedeth the price returneth to thee Let thine heart be merry for the discord and dissention that troubleth all other but helpeth thee for out of the infernall pit it breaketh to heape vp much money as a reward to thee Thou hast that which alwaies thou hast thirsted after and longed for Now maist thou sing this song that thou hast ouercome the world not by thy Religion but by the malitiousnesse of men That which draweth men to thee is not thy deuotion or a pure conscience but impudency and boldnesse to commit all wickednes and hope of impunity for their hope is to defend and maintaine any wickednesse where thou art the Iudge and when the price is prepared Thus farre Uspergensis making some what bold with that innocent Pope Innocentius In this contention which the Pope raised Otho had the helpes of the King of Bohemia the Lantgraue of Thuring the Bishoppe of Colon these inclined to him being drawne as well by the Popes cursing of Philip as also for that they saw that Otho was strong by meanes of his Vncle Richard King of England But at last Otho being wearied with the warres and perceiuing Philips affaires to prosper was content to heare of peace 115. The Pope himselfe after all his malice thus spent made a motion of reconciliation
Dominion of Sicily for which hee was also excommunicated by the Pope and deposed After him Conradus sonne to Frederic the second obtained the Kingdome of Sicily and Apulia for which Pope Innocent the fourth deposed him from the Empire and set vp Guillia●… Lantgraue of Thuring commanding the Princes to make choice of him Conrad being excommunicate and deposed maintained his right by strength of armes but was secretly taken away by the practise of poison This was supposed to be the practise of Mamphred 131. Mamphr●…d the bastard sonne of Frederick the second tooke and held possession of these Kingdomes after the death of 〈◊〉 T●…is man was also excommunicated by the Pope and deposed the Pope seeking alwaies to bring this Kingdome vnder the obedience of the Church of Rome Pope Ur●…an the fourth a French-man borne finding his owne power too weake to effect this Mastery ouer Sicily and Apulia gaue these Kingdomes which neuer were his to giue to Charles brother to the French King Lewes the ninth who was called S. Lewes This was the beginning of those troubles which afterward brought so great warres and bloud-shed and thereby wel-nigh the vtter ruine of Italy Charles King of Sicily and Conradinus 132. FOR Charles comming with an Army into Italy at the Popes motion ioyning battell with Mamphr●…d ouerthrew him and slew him in battell neare to Beneuentum Pope Clement the fourth succeeding Vrban the fourth vnderstanding that after the death of Mamphred Couradinus the sonne of Conradus then but yong prepared forces in Germany to reco●…er his inheritance of Sicily made Charles brother to the French King the Vicar of the Empire to giue him ●…trength against Conradinus and wrote Letters to all Christians forbidding all men to write to Conradinus as to the King of Sicily And to the Princes of Germany hee wrote likewise forbidding them vnder the terrible paine of excommunicati●… to chuse Conradinus Emperour by which meanes the 〈◊〉 was without a Soueraigne Magistrate for the space of two and twenty yeares In which time Alphonsus King of Spaine and Richard Earle of Cornewall brother to Henry the third King of England contended for the Empire These had the titles of the Emperour bestowed vpon them by their friends but the Emperour was not placed till Rodolph Count of Habspurge was chosen In the meane time Charles grew strong in Italy being made by the Pope Vicar generall of the Empire 133. When Conradinus vnderstood th●…se practises of the Pope against him perceiuing that the Popes had a resolution to roote out the seede and vtterly to extinguish the blood of Frederic he wrote a lamentable Epistle deploring his owne fortunes and the Popes iniquities Innocent the fourth saith he hath ouerthrowne me an innocent man for Conradus my father King of Sicily left me yong and tender in the custody of the Church then Pope Innoc●…ntins pretending my wealth professing himselfe a trusty Tutor inuaded the whole Kingdome and when once he had gotten the possession thereof he sought vnmercifully to extinguish my name and blood deuiding my lands and Countries and distributing the same among his owne kinsemen and Nephewes After his death Alexander succeeding inuited others into the possession of that Kingdom excluding m●… After his death Vrbanus dealt very inurban●…ly for hee drewe Mamphred in excluding my selfe the true heyre The same Pope disanulling that match with Mamphred drew Charles to vndertake th●… businesse against my selfe After his death Clement vsed all indemency against me setting vp another King and not content herewith thundreth out his Processes against me thinking it a small matter that against God and against Iustice he hath robbed me of my Kingdome vnlesse he proceede also to take the title from me Last of all he hath established Charles Vicar of the Empire to preiudice and defeat me by all meanes Thus doth he complaine by which complaint we may vnderstand somewhat of the Popes purposes Conradinus gathered an Army and came into Italy the Pope as he passed by 〈◊〉 fome doe witnesse did prophesie his death which was not 〈◊〉 for him to doe when hee had so strongly prepared the meanes thereof Conradinus therefore was ouerthrowne by Charles and so was all the bloud of Frederick And thus was that noble line of the Dukes of Sueuia vtterly extinguished 134. When Charle●… had at the Popes suggestion made this distruction in the house of Sueuia the Popes not knowing how to liue in peace and quietnesse began to turn their malice vpon Charles And first Pope N●…cholas the third onely fearing that Charles should be too great in Italy hauing no quarrell against hi●… tooke from hi●… the o●…fice of Deputy of Hetruria pretending that R●…dolph Emperour was therewith so much offended that vnlesse Charles would deliuer vp into his handes that regiment he would not vndertake the iourney to the holy land se●…ing that place belonged to the Emperour by right But when the Pope had gotten this both from the Emperor from Charles together with 〈◊〉 〈◊〉 the Exarch of Rauenna he kept all saith Platina in his owne custody and thither he sent his Nephew Thus must all the world be troubled that principalities may bee procured to the Popes bastards This ●…ope saith 〈◊〉 had a desire to create two Kings in Italy of the Vrsini one of Hetruri●… against the French forces now placed in Sicily and Naples the other to be King of Lumbards against the Germanes and imperiall forces But first for the more speedy ouerthrow of Charle●… whom the former Popes had drawen into Italy as into a trap he conspired against him labouring by all his power to throw him out and therefore gaue his Kingdomes to Peter King of Arragon The great offence between Pope 〈◊〉 and Charles grew saith 〈◊〉 q●…ia 〈◊〉 a●…entiri noluit vt su●…s consanguineus contraheret cum 〈◊〉 Pontificis Charles would not agree that his kinred should match with the Popes kinred P●…ter King of Aragon 135. PEter King of Aragon being thus drawne in to the quarrell of Sicily by Pope Nicholas the third For saith Naucler the Pope perswaded Peter to take the Kingdom of Sicily in the right of his wife Constance who was the daughter of Mamphred and Niece to Conradinus brought an Army into Sicily and inuaded the Kingdome But Martin the fourth who succeeded Pope Nicholas excommunicated Peter deposed him depriuing him also of the Kingdome of Aragon Thus were these Princes first drawne into bloudy wars by the Popes who sometimes inuited them and laughed vpon them as louing friends sometimes plunged them in bloud as taking a delite in their destruction Let the Princes of Christendom once awake and consider the sauage nature of this wilde beast that is not onely drunk with the bloud of Saints but fed also fat with the bloud of Princes Thus the Popes filled all Christendome full of bloud with their excommunications Are these Christs Vicars are these the censures of Christes Church Martin then excommunicated Peter gaue
the second Pope espying this weaknesse and watching for an opportunitie to take the Empire at such disaduantage to driue the Emperour quite out of Italie vsed the helpe of the Lumbards against him and preuailed so far that he gaue the Emperors army the ouerthrow in a pitched field and slew Paulus the Exarch in battell ●…ac tempestate saith Palmerius inter ' Pontificem imperatorem maxima discordia fuit quam ob causam contra Pontific●…m in Italiam missi sunt primum Paulus Exarch●…s mox eo nterempto in eius locum substituitur Eutychus sub quo variè pugnatum est diuisa Italia In quo bello Antipharium Longobaraorum ducem auailia Pontifici praebuisse Constat That is At this time a great discord rose betweene the Pope and the Emperour for which cause first Paul the Exarch was sent to Italy but he was slaine and Eu●…ychus sent in his place vnder whom many battels were fought with variable fortune Italy being diuided In which warre it is well knowen that Antipharius Duke of the Lombardes did aide the Pope against the Emperour Nauclerus declareth that one especiall occasion of this breach betweene Leo the Emperour and Gregorie the second Pope was that Leo abolished images which were worshipped and commanded the Pope to do so wherat the Pope was so inraged that hee drewe all Italie from the obedience of the Emperour Tantamque authoritatem tune habuerunt Romani Pont. decreta saith Naucl●…r vt Rauennates primi exinde Venetia populi atque milites apertā in Imperatorē Exarchumque rebellionē pra se tulerint Ac eo processit rebellio vt depositis Exarchi magistratibus singulae ciuitates singula oppida proprios magistratus quos duces apellabant creare prasicere eurarent Such authority then had the Popes decrees that first the Rauennates after that the Venetians did raise an open rebellion against the Emperour and the Exarch And this rebellion proceeded so farre that euery city and euery towne put downe the Exarches and created proper Magistrates to themselues whom they called Dukes Thus fell the gouernment of Italy into so many partes euery one catching what they could as men vse to doe at a great shipwracke And the Pope was carefull to prouide that his part should not be the least 8. When thus the Pope had driuen the Emperour out of all Italie and by that meanes had drawen Italie into as many Dominions in a manner as there were great Cities the strongest began to pray vpon the weaker Heere began the fire of emulation to kindle betweene the Pope and the Lumbards for the Lumbards were the strongest part of Italie then and the Popes part was the second all other were weake in respect of these two and these two thereto agreeing well hitherto so long as both conspired against the Empire began now to fall at variance about the deuiding of the spoile The Pope finding the Lumbards too strong for him in this parting of the spoile of the Empire as before hee had vsed the strength of the Lumbards to suppresse the Emperour so now following the same arte called Pipin the Constable of Fraunce into Italie by whose power hee repressed the Lumbards and compelled Astulphus their King to receiue conditions of peace Platina saith that Gregorius chiefe Secretary to the Emperor did meet Pipin as he came into Italie and intreated him that if he should ouercome the Lumbards he would restore the Exarchate of Rauenna to the Emperour to whom of right said hee it belonged All that poore right that then he sought to hold in Italie detained as then by the Lumbards but presently falling vnto the Popes share and that he would not yeeld it to the Pope The aunswere of Pipin was he came into Italie to gratifie the Pope and that he would helpe him as much as he could That which after the victorie fell to the Popes part and to Rome was saith Platina all that lieth betweene Padus and the Appennine from Placentia to the Venetian standing waters and whatsoeuer is contained betweene the riuer Isaurus and Appennine Paulus Aemylius saith all that which before was called Flaminia wherein was Rauenna was hereupon commaunded to bee called Romandiola The match by negotiation betweene Pipin and the Pope was made thus that all that which was recouered from the Lumbards being before parcell of the Empire should be adiudged to the Pope and to Rome and Pipin for his seruice should bee made King of Fraunce by the Pope and Chilperic the lawfull King should be deposed All this was accordingly performed and Pipin was absolued from the Oath of Allegeance and so were all the Barons and people of France absolued from the Oath of obedience which before they had taken to Chilperic or as some call him Hilderic their King 9. This Storie I haue briefly set downe that the ground of the Popes Iurisdiction may be the better obserued for from such straunge grounds these Romane Catholikes draw the Popes Iurisdiction and the parts thereof as a man of ordinary reason would least suspect so capricious are they now growen As for example from this fact of Pope Zacharie who absolued subiects from the Oath of Allegeance to their true King who would thinke that the Popes Iurisdiction could bee drawen who would not rather iudge that the Popes arrogancy pride vsurpation oppression corruption might by this be prooued And yet Augustinus Anconitanus maketh this fact the onely ground and proofe of his Iurisdiction we looke for such a Iurisdiction as Christ left to his Church we looke for proofes from Scripture but we find no other Iurisdiction prooued then the Iurisdiction of Antichrist opposite to Christs Iurisdiction and ouer Princes for proofes out of the word of God we find no other proofes then such as are drawen from the Popes rebellion and conspiracie against the auncient Emperours from their vniust vsurpation and oppression of lawfull Kings from an impious power pretending authority to breake and violate oaths and faith and Allegeance of subiects And this manner of proose is held so strong that nothing is more common among them then thus to proue Iurisdiction One of that ranke would after the same maner proue this Iurisdictō by the Popes dispensing against oathes and vowes For saith he Edward the Confessour had made a vowe to goe in person to Rome but was dispensed by Pope Leo the ninth King Iohn sued to Pope Innocentius the third to be dispensed with all for his oath which he had made to the Barons of England And Henrie the seuenth procured from Pope Iulius the 2. that notorious dispensation for Prince Henrie his sonne to ma●…ry the Princesse Katherine of Spaine left by his brother Arthur Hereupon hee inferreth thus these alone are sufficient to shew what opinion was held from time to time by the Kings of England concerning the Popes Soueraigne Supreme Iurisdiction in spiritual matters belonging to conscience and directing of soules thus farre the Romane
quarrell I purpose to handle and discusse in the next Chapter in his proper place Theodoricus de Niem writing of this councell and of the end and purpose of those that held it saith that this Synod was gathered purposely to search out the auncient vses lawes and customes of the Empire and Church that each power knowing their owne limits the one might not encroach vpon the other Celebrata est saith he ab 153. viris religiosis Episcopis Abbatibus c. ab vniuersis regionibus et oramibus almae vrbis à cuncto eti●…m Clero huius sanctae Rom. Ecclesiae ex quirentibus vsus leges mores eiusdem Ecclesiae et imperij That is It was celebrated by one hundred and fifty three religious men Bishops Abbots c. by all the regions and degrees of the City of Rome by all the Clergy of this holy Church of Rome making search and inquisition for the vses lawes and customes both of this Church and of the Empire Then we see that Charles recouered some part of the auncient Iurisdiction of the Empire Which notwithstanding since his time the Popes by inuincible contentions wrested from the Emperours chalenging it to be a part of their owne Iurisdiction and charging the Emperours with Heresie and Schisme for practising that right which other Popes before them acknowledged to bee the auncient right of the Empire 14 And because to the Iurisdiction of Princes it belonged of olde both to call councels and to confirme them therefore Charles did not omit this part of Iurisdiction though as the euent declared it was much against the Popes pleasure He called a Synod at Frankford wherein was condemned the doctrine of worshipping of images which doctrine the Pope had late before confirmed The occasion hereof grew thus Leo Isaurus Emperour being much offended that the Saracines had that great and iust exception against Christians that they worshipped images called a Synod at Constantinople wherein the worship of images was condemned and the images burned He sent also to the Bishop of Rome as then Gregory the second commaunding him to doe the like if he would haue his fauour saith Paulus Diaconus Gregory the second tooke this in su●…h indignation that he rebelled against the Emperour and raised all Italy into a rebellion by which meanes the Emperour lost all that then was left in Italy Gregory the second in the middes of these stirres died and Gregory the third succeeded who prosecuting the purpose of his predecessour called a Synod at Rome in the yeare seuen hundred thirty three by Sigebert seuen hundred thirty nine by Palmerius In this Synod the doctrine of worshipping images was confirmed Leo the Emperor was excommunicated and depriued Thus began the Pope to practise a new Iurisdiction in deposing Emperours After this Constantine sirnamed or rather nick-named Copronimus in the yeare of Christ saith Sigebert seuen hundred fifty fiue called a Synod at Cōstantinople wherein the worship of images was againe condemned But another Synod was held at Rome by Pope Stephen the third in the yeare of Christ seuen hundred threescore and eight wherein the worshipping of images was againe approued Which was more famously confirmed in the yeare of Christ seuen hundred foure score and eight by another Constanstine and his mother Irene who called the second Nycen Synod wherein Imagerie preuailed much by the helpe of Pope Hadrian 15. Vpon these stirres Charles the great was moued to call a Synod at Franckford Thither sent Pope Hadrian the acts of the second Nicen Synod to be approued there and to direct this Synod at Frankford if they would take any direction from the Pope But the Fathers of this Synode not regarding the Popes direction tooke a meane course betweene the Greekes who destroyed and defaced images and the Church of Rome which maintained the worship thereof For they decreed that it was not impious to set vp images but to giue any worship to them this they held to be vtterly against Christian faith and to be a thing receiued from the superstition of the Gentiles This Synod was called and confirmed by Charles the great Then belike the Pope had not gotten all Iurisdiction ouer Kings which now he claimeth For the Emperour called Synods not the Pope Neither as then had hee gotten Iurisdiction ouer all Bishops because we see many Bishops were found in Germany France Aquitany and England for all these Nations Charles nameth in his letter to Elepandus Metropolitane of Tolet as fauouring and maintaining the trueth against the worship of images which resisted the Pope in this matter so that his great and soueraigne Iurisdiction was not then established 16. About this time that most worthy most religious and learned King Alfred raigned in England Aser Meneuensis writing his life entituleth him Omnium Britanniae insulae Christianorum rectorem Which title doth not much differ from that which is now in part giuen to the King supreame Gouernour of all persons Ecclesiasticall For whereas at this day the discipline of the Court of Rome exempteth Clerkes from the Kings Courts and consequently from the Kings gouernment it appeareth that in King Alfreds time this thing was vtterly vnknowne to the world therefore this King is called and acknowledged to bee the Gouernour of all Christians within his dominions Now because Bishops and Clerks were Christians he was hereby questionlesse vnderstood the gouernour of Clerkes aswell as of others As then all forraine gouernement and Iurisdiction was excluded by that title so nowe there is no other thing sought but in like sort to exclude all forraine power and Iurisdiction whether the Popes or any other At this time whe n King Alsred liued and raigned the sense iudgement and vnderstanding of the world was no other but that Kings were supreme gouernours of all persons and caufes Ecclesiasticall and Temporall within their owne Dominions Ivnderstand gouernment here as throughout this question I haue often admonished gouernment or power coactiue for this exemption of criminous Clarkes from their Kings Courts was a thing vnknowen in the world in those dayes And therfore whereas it is commonly taken by our aduersaries who vse to begge such principles as they cannot prooue that the religion sense and iudgement of the world ranne wholly for the Iurisdiction which now is practised in the Court of Rome this wee vtterly denie For we are able to shew when the sense iudgement and religion of the Church was against them in euery part of their pretended Iurisdiction For first whereas the Pope claimeth Iurisdiction ouer Bishops this is one part of his Iurisdiction and is now the sense and iudgement of the Court of Rome but in the times of the sixt and seuenth Carthaginian Councels of the Affrican and Mileuitan Synodes at this time I say and alwayes before the religion sense and iudgement of the whole world ran contrary If any obiect that these were not generall Councels but prouinciall I
man of a leaden heart and a brasen forehead to rush through these difficulties after the Romane Catholike maner without blushing but let a man in humility and good conscience set himselfe to seeke the truth herein and to giue God the glory and it will bee impossible for him to wrastle out of these nets but by confessing the forgerie and reiecting the Iurisdiction forged 13. Moreouer that it may it further appeare that this Iurisdiction is esteemed all in all and more then all by these men and that all other parts of their religion are not so deare to them as this we may further obserue that as the Pope ouer-ruled the Councell of Trent so the thing that swayed the Pope and forced him to resolue vpon this course which now is established by the Court of Rome in the Councell of Trent was onely the feare of loosing and care of maintaining this Iurisdiction For before the Councell of Trent which thing we shall hereafter by Gods helpe more manifest at good opportunity the Church of Rome stood so indifferently affected in the chiefe points of religion that if the respect and practise of the Pope had not misled them it may bee well iudged they would haue beene more ready to assent to the conclusions of Master Lut●…r and Iohn Caluin then to those that are established in the Councell of Trent so indifferent stood the world before that Councell For after that time that they had begun to challenge this Iurisdiction before the Councell of Trent the Popes were alwayes afrighted at the name of a generall Councell as Paul Iouius winesseth otherwise a flatterer of the Popes for he saith thus Id vnum concilij nomen supra caeteros insaelices humanarum rerum casus maximo terrori Pontificibus esse consueuit That is The onely name of a Councell more then all other humane incident miseries is wont to be a great terrour to Popes He giueth the reason there why the Popes were so much afraid of Councels because saith he in them questions of faith religion are interpreted the Popes Iurisdictiō censured curbed Ad castigandam sacerdotum luxuriam censorias leges condunt ipsi Pontificices Pontificio iur●… 〈◊〉 ei●…rare suprema●… dignitat●… seque demum Pontificatu abdicare coguntur hoc metu armati reges Pontifices terrent That is Councels make lawes to chastise the luxuriousnesse of Priests The Popes themselues circumuented by the Popish law are compelled to resigne the Suprea●…e dignitie and to relinguish the Papacie 14. So that before the Councell of Trent the Soueraigne Iurisdiction was neuer held to be in the Pope seeing the Church being gathered together in a Councell did vse to exercise Iurisdiction vpon the Popes For if the Popes were wont so much to feare and flie a generall Councell in regard of censur●…ng and inhibiting their Iurisdiction then must these conclusions follow That the Councell of Trent was not a generall Councell because the Pope was not afraid of it that the Popes themselues did acknowledge that the Iurisdiction of a Councell was aboue their Iurisdiction for otherwise why should the Pope be afraid of a free Councell So that if the Councell of Trent had beene like to those Councels which the Popes did so much feare it might haue giuen as good satisfaction to true Christians as now it doth to the followers and flatterers of the Court of Rome And before that Councell there was great hope that it might haue bin so For the minds of al good men were marueilously prepared to peace and to a mutuall consent And for the points of doctrine if the Friars and such as were by them infected had not troubled all the truth might haue preuailed For Cardinall Contaren made a good preparation to the doctrine of iustification which being the greatest point in controuersie is handled by him conformable to the doctrine of Luther Caluin and directly against that which was concluded in the Councell of Trent this he wrote in the yeere one thousand fiue hundred fourtie and one a little before that Councell The Cardinall therein teacheth nothing but that which was before him the knowen doctrine of the Church of Rome from which because the Councell of Trent swarued therefore they made the separation and not we This wisdome and moderation of Cardinall Contaren and others of that side gaue great hope to Master Bucer and some other of this side to labour for an agreement and mutuall consent and assuredly there was great reason to hope it For if the rest had beene of that spirit and moderation which Cardinall Contaren Georgius Cassander Iohn Ferus Master Antonius Flaminius Espencaeus and many others a mutuall consent would haue beene obtained But will yee haue the truth the points of faith and doctrine were not the things which most hindered this concord for in these things many of that side were very conformable and moe might haue beene drawen but there was another thing which crossed all peaceable purposes this was the Popes Iurisdiction If it had not bene for this Iurisdiction the doctrine of Luther might haue beene easily granted for what taught he which was not before him taught in the Church of Rome I graunt that the contrary was also taught by Friars for in the Church of Rome before the Councell of Trent some taught after the manner of the new deuised doctrines which Friars brought in others taught the truth preseruing the auncient doctrines in most points till that time as by their writings extant appeareth So that if the Councell of Trent had beene indifferently chosen of learned men then liuing and if their voyces had not bene forced and forestalled by an oath of obedience to the Pope and to satisfie his lust a desperate practise declaring a desperate cause things might haue beene aswell concluded against●… the Iurisdiction of the Pope and faction of Friars as now all is for them 15. And because wee haue so often mentioned and are so often to mention the Councell of Trent seeing we wholly reiect it and our aduersaries wholly rest vpon it it may bee expected that wee should giue some reasons why we disable it so much I may answere the reasons are in the doctrines and conclusions themselues which are throughly and worthily examined by Master Chemnifius and others But ouer and besides the falshood of doctrines which are concluded there directly against the manifest truth of holy Scriptures we haue also these iust exceptions that that Councell was neither a generall nor a free nor a lawfull Councell Generall it was not because if we consider these Westerne parts of Christendome for the benefite whereof that Councell is pretended to be gathered the greatest part was excluded from that Councell For all England Scotland Ireland all France and all Germanie that are Protestants will make a farre greater part then all the rest that consented to that Councell so that it was a Councell held of a small part
against the greater part The King of England by publicke writing protested against it when first it was appointed by the Pope to be held at Mantua the reasons which King Henry alleaged against it are these That it belonged not to the Pope to cal Councels but to the Emperor to the Kings of Christendom that the Pope himselfe was to be censured by the Councell and therefore Italy was no fit place for it that there was no caution made to him and his Embassadours and Bishops for their safe conduct that though there were publike caution giuen yet the practice of Popes in breaking their faith and violating publike cautions and sucking the blood of innocent men was too well knowen In fine the King giueth aduise to all other Princes and Magistrates to gouerne their owne people to establish true religion to reiect the Popes tyrannie as hee had done 16. The French King made like Protestation against this Councell of Trent for the Abbot of Bellosan the French Kings Embassadour obtaining admittance into the Councell though not without great difficultie in the middest of that assembly against the expectation of many deliuered the Kings protestation thus That it was neither safe nor fit for him to send his Bishops to Trent that he held not that assembly for a publike and generall Councell but rather for a priuate conuenticle gathered not for the common good but for the pleasure and profite of some few that neither he himselfe nor any of his kingdome should be bound by those decrees and if need required that he would vse such remedie to restraine the Popes as his Auncestours had vsed before Thus did these Kings then protest against that Councell especially because it was called by the Popes authoritie who had no right to call generall Councels And both these kingdomes and the Churches ther●…in haue withstood the authoritie of this Councell yea the French Church of Papists would neuer admit the Councell of Trent so that it is not onely dissallowed of vs but by a number of them who professing to follow the auncient Church of Rome yet vtterly reiect this Councell of Trent as swaruing from the Church of Rome Of the Princes of Germanie there is no doubt made but that they would neuer yeelde consent to it Then generall it cannot be when as so many and so great a part haue withstood it yea a farre greater part then they can make who held it 17. And whereas in all ancient generall Councels the freedome and libertie of Bishops and of all that had voices in Councels was n●…uer impeached in this Councell of Trent it was quite otherwise for none might be admitted to haue voice therein but only such as should be bound in an oath of bondage and slauerie to the Pope And therefore when the Embassadours of Maurice Duke of Saxony came to the Councell and proposed from their Master these petitions That the forme of safe conduct might be made for his Diuines according to the forme which the councell of Basill graunted to the Bohemians that is to say that these particulars might be expressed therein that they also with other might haue deciding power that in euery controuersie the holy Scriptures the practise of the auncient Church the ancient Councels and Fathers agreeing with Scriptures and founding them vpon Scriptures might be admitted and receiued for the most true and indifferent iudge for thus much was contained in the safe conduct graunted by the Councell of Basill to the Bohemians that there might bee no proceeding till his Diuines came that when they were come all things precedent might be recalled that the Councell might be free for all nations that the Bishop of Rome might submit himselfe to the Councell and remit that oath which he had taken of the Bishops which were of the Councell that their voyces might be free and without such euident partiality and preiudice as they brought with them who were bound by oath to doe nothing against the pleasure of the Pope these petitions were reiected freedome vtterly excluded partiality and preiudice maintained with resolution 18. And that the same Councell of Trent was not a lawfull assembly it is no lesse euident because it was not called by lawfull authoritie for it was called onely by the Popes authoritie who neuer had authoritie to call generall Councels And though Charles the fift then Emperour was at the first drewen to yeeld a consent yet the Pope would neuer allow that the Emperour should haue the authoritie to call the Councell and to appoint the place as alwayes it was the Emperours Iurisdiction in auncient Councels but this Iurisdiction the Pope by vsurpation drew to himselfe in the Councell of Trent Insomuch that when the Emperour vtterly dissallowing the translation of the same Councell to Bononia wrote to them and sent his Embassadour Vargas to protest against them that he would hold all as vaine friuilous and vnlawfull whatsoeuer they did tearming them not a Councell but a Conuenticle Montanus the Popes Legat answered that it should neuer be indured that the Ciuill Magistrate should haue authority to call Councels or to appoint the place thereof To this purpose the Pope also writeth to Charles that the Emperour hath no right herein but the Pope himselfe is the man Qui solus iure diuino humano cogendi 〈◊〉 decernendi de rebu●… sacris potestatem obtineat This authoritie then being vtterly denied to the Emperour for calling the Councell of Trent we say that Councell was an vnlawfull assembly because it was not gathered by the authority of the Emperour and of Christian Kings And when it was thus gathered neither a generall Councell nor a free nor a lawfull Councell yet as it was with all these foule faults it could not serue the Popes turne vnlesse singular fraud and deceit had bene practised Olaus Magnus was intituled Archbishop of Vpsala and blinde Sir Robert a Scottishman was intituled Archbishop of Armach in Ireland so that for want of true Bishops some were set vp onely in name to fill vp the number and giue voices 19. And when all other shifts would not serue the Pope still reserued one for the last cast The greatest part of them that were present had a purpose to curb the Popes Iurisdiction especially the Spanish Bishops who saith Sleidan were most diligent in this Councell These combined with those few Germane Bishops which were there resolued saith he Pontificis Romani potestatemintra certos fines includere nec illius aulae tantum facultatis in omnes prouincias attribuere That is To reduce the Popes authority within some bounds and not to yeeld such power to that Court ouer all Prouinces The Pope fearing such a thing afore prouided that the greatest part of Bishops should be Italians none might be admitted of any other Nation but such as were made obnoxious to the Pope aswell by some other respects as by an oath If any were
an end of the institution of these orders to make some chaunge in that ancient religion which before stood in the Church of Rome in some tollerable measure and to vexe and persecute the professors thereof and especially to bring in a new Iurisdiction of the Pope it will better appeare if wee consider what hath bene in the beginning of their institution and since obserued of their innouations libertie luxuriousnesse and what desolation they haue brought into the Church That these men may better be knowen I will note what Iohn Wiclife and some others haue obserued Friars taught saith Wiclife that the King of England is not Lord of the Clargie but that the Pope is their Lord. Friars so streitched the priuiledges of the Clargie that though an Abbot and all his couent ben open traitours conspiring vnto death of the King and Queene and other Lords and inforce them to destroy all the Realme the King may not take fro them an half-penny ne farthing worth When Parish-churches ben appropred to men of singular religion that is to Friars such appropriation is made by false suggestion that such religious men han not ynough for lifelode and healing but in truth they han ou●…rmuch Let me obserue this by the way as being now better instructed in the opinion of Iohn Wi●…life concerning tithes Whereas he seemeth to be against tithes it is to be vnderstood as he doth in diuers places open himselfe against tithes as then they were abused by Fryars For Fryers then had power from the Pope to appropriate tithes to their Couents by which meanes tithes came into their possession This thing Wiclife thought vnlawfull and would haue had tithes reduced to their ancient vse againe now let vs returne to his obseruations Fryers sayen that their religion founden on sinfull men is more perfit then that religion or order which Christ himselfe made They sayen also that begging is lawfull the which is damned of God both in the old Testament and in the new Fryers after they had procured impropriations and left a poore Curat in place drewe also from Curats their office and Sacraments they got the confession of Lords and Ladies They pursuen true Priests and letten them to preach the Gospell Christ chargeth all his Priests to preach the Gospell truely and they pursuen them for this deed yea to the fire they will slea Priests for they doe Gods bidding When the King by his officers prisons a man that is commonly done for great and open trespasse and that is good warning to other misdoers some profit comes of the Kings Ministers but when Friars prisonen their brethren the paine is not knowen to men though the sinne were neuer so open and slaunderous and that does harme to other Liegemen Friars sayen that they han more power then the Curat and thus they make dissention and discord among Ch istian men Friars labour to roote out true Priests that preach Christs Gospel themselues han their chamber and seruice like Lords or Kings and senden out idiots full of couetise to preach not the Gospell but Chronicles Fables and leesings to please the people to rob them And yet for sending of those couetous fooles that ben limitors goes much Symonie enuy much foule Marchandise And who can best rob the poore people by false begging and other deceits that shall haue this Iudas office and so a nest of Antichrists Clarkes is maintained They shew not to the people their great sinnes and namely to mighty men of the world but pursuen other true preachers for they will not glose mighty men and comfort them in their sins Thus mighty men hire by great costs a false traitour to lead them to hell Friars deceiuen the people in faith and robben them of Temporall goods make the people trust more in dead parchment sealed with leesings and in vaine prayers of hypocrites that in case ben damned deuils then in the holy helpe of God and their owne good liuing Friars peruert the right faith of the Sacrament of the Auter bringing in a new heresie saying there is an accident withouten subiect which heresie neuer came into the Church till the foule fende Satan was vnbounden after a thousand yeeres Friars vndoe Parish Churches by building other needlesse meaning Abbeyes and Priories c. They destroy the obedience of Gods law magnifien singular obedience made to sinfull men and in case to diuels this is blind obedience brought in by them which obedience Christ insampled neuer ne in himselfe ne in his Apostles Friars being made Bishops robben men by extorsion as in punishing of sin for money and suffren men to lie in sinne they beare out the gold of our land to Aliens and sometimes to our enemies to get of Antichrist false exemptions They teach Lords and Ladies that if they die in Francis habite they shall neuer come to hell They are neither ruled by Gods law ne lawes of the Church ne lawes of the King They ben the cause and procuratours of all warres They say apertly that if the King and Lords and other standen thus against their false begging c. they will goe out of the land and come againe with bright heads and looke whether this be treason or none They teach and maintaine that holy writ is false and so they putten falsnesse vpon our Lord Iesus Christ and vpon the holy Ghost and vpon the blessed Trinitie Friars teach that it is not lawfull to a Priest or any other man to keepe the Gospell in his bounds and cleannesse without errour of sinnefull men but if he haue leaue thereto of Antichrist Friars by hypocrisie binden them to impossible things that they may not doe for they binden them ouer the commaundements of God as they say themselues hence are works of supererogation They burne Priests and the Gospell of Christ written in English to most honour of our Nation They call the curse of God the lesse curse and the curse of sinfull men the more curse They distroyen this Article of Christian mens faith I beleeue a common or generall Church For they teachen that tho men that shall be damned be members of holy Church and thus they wedden Christ and the diuell together They waste the treasures of the land for dispensations and vaine Pardons They ben most subtill and priuy procurators of Symonie and most priuily make Lords to maintaine the Pope and his robbing our land of treasure by his Pardons Priuiledges first fruits of Benefices in our land and Dis●…es and Subsidies 23. By this wee may in part see those innouations which Friars brought into the Church raysing a new Iurisdiction to the Pope defrauding and robbing the King of his auncient Iurisdiction these are they who first taught and practised obedience to another Soueraigne then the King conspiracy against the life of Princes
inoleuerat tanta heresis That is Whom Dominicke did speedily ouercome by the helpe of Simon Monford for there was not so much neede of disputation as of armes that heresie was so rooted Then we vnderstand the end why Friars were instituted by their first and chiefe imployment they were founded in blood in treacherous practises against Princes for the seruice of the Pope Wherein wee behold the endes of such Councels as the Pope calleth and wherein he is President as the Councell of Lateran and the Councell of Trent For as vpon the time of holding the Lateran Councell the first Friars were ordained and allowed by the Pope so vpon the time of the Councell of Trent were the Iesuites confirmed to be an order by Pope Paul the third after both Councels great warres and bloodshed followed through Christendome wherein the Friars were the Popes instruments and the procurators of the warres at both times and euer since 27. As these first orders of Friars increased in number swarming like Locusts vnder the Popes protection he like an experienced Captaine prouidently ordered his troupes and set them to their seuerall taskes some to writing of books some to the practises of state against Princes By those that were set to write as Aquinas Scotus and such like the alterations of doctrines were brought into the Church of Rome first so that herein appeareth their full finall end in raising vp rebellions first against God and corrupting of the truth and then against Princes by impugning their soueraigne authoritie and Iurisdiction In both which practises the Friars take continuall direction from the Pope by whose power they were created by whose authoritie they stand from whose spirit they breath and for whose seruice they are deuoted and resolued to spend their breath and blood In these practises the Iesuites being the last brood striue to surpasse all other for their audacious corrupting of the truth and outragious interprises against the liues of Princes For which in the end they will vndoubtedly drawe vpon themselues the anger of God and of the Princes of Christendome I haue stayed the longer in these descriptions for the honour of the Iesuits that their descent and progenie may be knowen that we may behold the aduancers of the Popes Iurisdiction which Iurisdiction will the better appeare if the first and chiefe aduancers of it might be well knowen §. III. Of Oathes exacted by the Pope 28. ANother especiall meanes of aduauncing this Iurisdiction was practised by exacting Oathes which is also much practised now because by experience they finde great vse of it an Oath being the greatest bond of humane societie and the fittest meanes to ingage men throughly in any cause the first exacting of Oathes was from Archbishops and Bishops by which meanes their Allegeance was strangely withdrawen from their Soueraigne Princes Whereas then first princes for their owne safetie and for the safetie of their Countrey vsed to exact an Oath of Allegeance aswell of the Ecclesiasticall as Temporall subiects The Popes began to withdraw the Clergie from this obedience and Allegeance and so farre they preuailed that the Friars taught that the King of England was not lord of the Clergie but that the Pope was their lord as we haue declared from Ioh. Wiclife And now the Pope beginneth in these desperate dayes to forbidde them of the laity to take the Oath of Allegeance to their Soueraigne whereby as they began to steale away the hearts of the Clergie first from the true and lawfull obedience of their Soueraignes so now proceeding in the same course with the laity what will they leaue to Kings in the end And because this containeth an especiall mysterie of Iurisdiction therefore we thinke it needfull to be plainely opened 29. That Kings did out of dutie and Allegeance exact an Oath of their subiects euen of Bishops and had the same yeelded as a due homage to them and confirmed also by decrees of Councels it is well and worthily obserued of late by that booke written most learnedly and exactly intituled Tripliei nodo triplex cuneus Where this vse is confirmed from the practise of the fourth Toletan Councell held in the yeere sixe hundred and thirtie and from the fift Toletan Councell held about the same time And from the sixt Toletan Councell held in the yeere sixe hundred seuentie and sixe And from the tenth Toletan Councell gathered in the yeere sixe hundred ninetie and soure as also from the Councel of Aquisgrane in the yere eight hundred thirtie and sixe We may adde though it be needlesse some fewe and small obseruations thereto It appeareth that this practise of taking an Oath of Allegeance of subiects is drawen from the law of nature as necessary for the preseruation of States and it seemeth to be as auncient as the gouernement of States For Lycurgus the first founder of the State of Lacedemon hauing once well ordered that State by good lawes tooke an Oath of them all that they should preserue those orders till his returne from the Oracle that is alwayes If any thinke that this was not an Oath of Allegeance to the State I suppose it will be hard to distinguish betweene an Oath to preserue the lawes or to be true to the lawes and an Oath to be true to the State For it is certaine that the State of Lacedemon was preserued by those lawes in great honour and felicitie for the space of fiue hundred yeeres as the same Author reporteth Or as hee saith in another place for sixe hundred yeeres and vpon the breach of those lawes came in the ruine of that State as the same Author doth often obserue This declareth the antiquitie of this Oath as proceeding from the law of nature which yeeldeth this helpe to States for the necessarie preseruation of themselues For which cause it hath bene practised whensoeuer the State thought it needful for after the kings were driuen out of Rome L. Brutus and Collatinus Tarquinius being chosen Consuls Valerius Publicola grew so offended because himselfe was not respected in that choise that he retired from the Senate from all publick action to a priuate life This thing drewe the Senate into some suspicion of his Allegeance Wherfore Brutus the Consul called all the Senate to a solemne Oath of Allegance which Oath Valerius first of al others took most cheerefully Thus in the danger of the State they had recourse to this practise as the most lawfull and assured helpe of States And Scipio Africanus is much commended in the Romane stories for vsing this practise in the danger of that State for when hee vnderstood that some had a purpose to forsake the State hee caused them to take an Oath to bee true to the State and not to forsake it After the same manner was this Oath of Allegeance yeelded by the Church of the Iewes of old For Iosephus reporteth that Augustus Caesar required an Oath of Allegeance which Oath saith he all the
nation of the Iewes did take sauing o●…ely the Pharises And therefore these Pharises he describeth to be seditious and intollerable stirrers in States euen such as the Friars prooued afterward The words of Iosephus though they be long yet I will set downe because they open the practise of this Oath of Allegance the consent of the auncient Church of the Iewes and the seditious and pestiferous practise of the Pharises that the Iesuites the broode of these Vipers may the better be knowen his words are these There was a sort of men among the Iewes glorying in the scrupulositie and subtiltie of the law by hypocrisie and simulation counterfeiting the holy worship of God by whom women were much moued and drawen c. These were called Pharises who had great power either to helpe or to hurt the kings State For they were troublesome seditious the stirrers of wars iniurious and immoderate prouokers of trouble without cause or ground For when the whole nation of the Iewes bound themselues by an Oath to be faithfull and true to Caesar and to obey him only these Pharises did not sweare these were in number somewhat aboue sixe thousand whom the King punished with a mulct pecuniarie which summe of money the wife of Pherora disbursed for them But they to recompence this her great liberalitie tooke vpon them the foretelling of things to come as men forsooth indued with diuine inspiration they prophesied that K. Herods end was at hand decreed by the diuine Maiestie and the end of all his issue and kinred and that this woman their Benefactour with her husband Pherora and the children descending of them should be Kings When this practise of the Pharises came to the Kings knowledge he killed them as stirrers of sedition and traitours to the State Thus fa●…re Iosephus Whereby we vnderstand that this Oath of Allegeance was well approoued of the Church of the Iewes and onely denied by the seditious Pharises who then inueigled women and weake men and by such meanes stirred rebellions as now their successors the Iesuites doe In like manner was this Oath practised in the Church of Christians as appeareth by the testimonies before cited and by these that followe The second Synode of Rhemes was gathered about the yeere nine hundred and ninetie against Arnulphus Archbishop of Rhemes where it was witnessed of that Archbishop that in the presence of the Kings and Bishops and Clergie and people he was of his owne consent bound by an Oath that to the vtmost of his skill and power he would be true and faithfull in Councell and aide to his Prince the manner and forme of his Oath is set downe thus Ego Arnulphus gratia Dei praeueniente Rhemorum Archiepiscopus promitto regibus Francorum Hugoni Rotberto me sidem purissimam seruaturum consilium auxi lium secundum meum scire posse in omnibus negotijs praebiturum inimicos ●…orū nec consilio nec auxilio ad eorum infidelitatem scienter adiuturum And so it proceedeth with a long execration vpon the breaker 30. Nauclerus doth likewise obserue that Fredericke Barbarossa Emperour perceiuing that the Pope by his excommunications practised secret conspiracies drawing subiects from Allegeance from faith and obedience to preuent these new and subtill practises did exact an Oath of Allegeance of all Bishops vnder his Dominions commaunding the Popes Agents to bee excluded from Germany vnlesse hee sent for them The same exclusion of the Papall Legats was often vsed by the Kings of England and France after that these Princes perceiued that the end of such Legacies was to strengthen the Popes excommunications and to stirre the people to rebellions or to robbe the land of tr●…asure The same Fredericke did also forbid his subiects to appeale to Rome and to goe thither By this iniunction of Fredericke the Popes Legate being forced to trudge home returning to Pope Hadrian made a grieuous complaint the Pope hereupon wrote a letter to the Emperour which because it openeth the Popes meaning concerning the Oath of Allegeance I will here set it downe Hadrian the fourth seruant of Gods seruants to Fredericke Emperour of Romanes health and Apostolicall blessing 31. THe law of God promiseth a long life to them that honour their parents and threatneth the sentence of death to such as curse their Father or Mother And we are taught by the voice of the truth it selfe that hee that exalteth himselfe shall be brought lowe Wherfore my sonne beloued in the Lord we maruaile not a little at your wisedome for that you seeme not to yeeld so much reuerence to S. Peter and the Church of Rome as you ought to doe for in the letters which you wrote to vs you set your name before curs wherein you doe incurre the note of insolency that I may not say arrogancie What shall I say of the Allegeance by you promised and sworne to S. Peter and to vs How can you keepe that Allegeance seeing that you your selfe require homage Allegeance of those that are Gods That are the sons of the most high that is Bishops and you haue held their hallowed hands in your hands manifestly declaring your selfe contrary to vs you shut out our Cardinals not onely out of your Churches but euen out of your Cities Repent therfore repentwe aduise you for whilst you seeke the Crown and Consecration at our hands we feare that seeking more you will loose that which you haue 32. By this wee perceiue the Popes meaning in denying that Kings ought to exact an Oath of Allegeance of Clarkes especially of Bishops for they finding that the Oath of Allegeance draweth subiects to the obedience of Princes resist it by all possible meanes because the Popes seeke Soueraigne Allegeance which cannot be performed both to the Pope and to Princes so that if the Popes purposes stand ciuill obedience to Princes cannot stand And howsoeuer the Iesuites cauill at the late Oath of Allegeance by Parliament enacted quarrelling against it as if it were not a meere Ciuill Oath yet this is but their friuoulous exception for it is euident by this Epistle of the Pope that an Oath of meere Ciuill Allegeance standeth against the Popes purposes For this Oath which Fredericke exacteth was for meere Ciuill Allegeance and yet the Pope denieth that the Emperour ought to take such an Oath of Bishops the reason was that which Iohn Wiolife descried because Bishops must be the Popes subiects not the Kings This was also a part of that quarrell wherewith Thomas Becket troubled the State in his time for he hauing first taken the Oath of Allegeance to King Henrie the second afterward repenting sought to be absolued of the Pope 33. Then this Oath of Allegeance to Kings was in vse before we finde it exacted by the Pope the Pope did first exact it of Archbishops The first that I can find to binde himselfe in an Oath to the Pope was Boniface tearmed the Germane
of the Popes Canons which vse the same word shall it be thought a sufficient refutation on the other side to say the word was not then vsed and bring no reason thereof Then this thing was vsed in Charles his time and the name of Inuestitures knowne The same thing was vsed long before Charles his time but not vnder the name of Inuestitures This name and the ceremonie of a staffe and a ring came in by the Lumbards Then whether we consider the thing without this new name and ceremony or with it wee finde it alwayes the Princes right Thus Sigebert is iustified the truth tried and the Knaue knowne 62. Now to come to the Kings of England as their authority was no lesse then the authority of other Princes in their Kingdomes so more we seeke not And therefore whereas a certaine Catholique diuine telleth vs that Henry the first chalenged Inuestitures as vsed by his father and brother before him whereof yet saith he we finde no expresse proofe or example in any of our Histories that they had vsed them much lesse that they were lawfully graunted how strange is this dealing beseeming none but such as he is For is not this proofe good and sufficient when the King chalengeth no more then that which was in fresh memory and vse in his brothers dayes and fathers When wee finde so many testimonies of Story of Councels of Popes that there was no other right of giuing Inuestitures knowne through Christendome then the right of Princes shall base persons quarrell the testimonie of a King founded vpon such proofes Let the world iudge of the learning of him who writing hee knoweth not what will tell vs that the sense deuotion and iudgement of the world was neuer to the contrary fancying conclusions like a dreamer not prouing like a disputer Now touching the particular of Henry the first it is certaine that hee began no new custome but Pope Paschalis the second began to debarre him from that ancient custome and right which he and his Elders had alwayes vsed 63. For thus Roger Houeden reporteth In the yeare of Christ one thousand one hundred and three a great dissention grew betweene King Henry and Anselme Archbishop of Canterbury because the Archbishop would not consent that the King should giue Inuestitures of Churches Neither would he consecrate those Bishops to whom the King gaue them Because the Pope had forbid him all the rest to do so Quia Apostolicus saith he sibi omnibus interdixerat And againe he saith Quibusdam ad hoc nitentibus vt Rex eas faceret more patri●… fratris sui non iuxta praeceptum obedientiam Apostoliei Because the Pope had forbidden him the rest c. Some perswaded that the king would make Inuestitures after the custome of his father and brother and not according to the precept and obedience of the Pope Where note that it is not the Kings allegation that this was his fathers and brothers right but it is a truth acknowledged by Ho●…eden maintained by the Barons denied by none Against which there was nothing then known but onely the new Precept of Pope Paschalis The same Author declareth also that these customes and prerogatiues were not imposed by the King but sought out with exact care diligence by the Bishops Barons iointly For speaking of these customes in the time of Henry the second he recordeth an Epistle which the Bishops of the Prouince of Canterbury wrote to Thomas ' Becket wherein they testifie thus much Ne super his contentionis funis tra●…eretur in posterum noticie publica delegari ad iuratis itaque per sidem per eam quae in Deum spes est maioribus natu Episcopis alijsque Regni maioribus retroacti temporis insinuato statu dignitates requisitae palam prolatae sunt summor●… in Regno virorum testimonijs propalatae Least this occasion of contention should proceede any farther heereafter it was brought to publique triall Therefore the most auncient Bishops and other Barons of the Kingdome tooke an Oath by their faith and by that hope which they haue in God to make a true search whereupon looking into the times past the priuiledges of the Kingdome were sought out and published and divulged by the testimonies of the greatest persons in the Kingdome Then these customes and auncient priuiledges of the Kings were sought out by the grauest and most learned of the Bishops and Barons they were sworne to deliuer the trueth as they should finde it in the auncient Records of the land After all these expresse proofes a masked Romane Catholique telleth vs that no proofe heereof is found in all our Stories If this mans Catholique diuinity were examined as when opportunity serueth it shal be it will appeare that it consisteth of extreme confidence and impudency patched vp with a fewe smooth words without knowledge of Diuinity or of solid learning 64. After this Calixtus held a councell at Rhemes wherein hee condemned all Inuestitures taken from a lay hand With this Pope Henry the second King of England met in conference at Gisars in Fraunce The King pressed the Pope that he might no●… be disquieted in his auncient right that the auncient Lawes and customes of his Kingdome might be kept inuiolable as in the time of his progenitours they were The Pope hauing nothing to say against these auncient customes drew the King into another matter intreating the Kings fauour for Thurstinus Archbishop of Yorke that he might be restored to his place for the King had depriued him The King answered that he had sworne the contrary The Pope replied but I am Pope and if you will doe as I bid you I will absolue you from your Oath Ego Apostolicus sum sifeceris quod ego postulo ab hâc fidei sponsione te absoluam This was the olde practise of abusing Kings And it was not much to be meruailed if some kings were then blinded when they were led by such guides Houeden doth likewise declare that the Decrees of that Councell of Rhemes were sent to the Emperour Henry The Emperours answere was Nihil in his se praetermissurum quod sui iuris esset suorumque sibi contulit antiqua consuetudo progenitorum That is That he would loose no part of that his right which the auncient custome of his progenitours had conferred vpon him And afterward saith Houeden other things he graunted Ultimum vero scilicet Inuestituram rerum Ecclesiasticarum concedere noluit The last thing that is to say Inuestitures of Ecclesiasticall dignities he would in no case graunt Then it appeareth that antiquity custome and the right of their progenitors stood for the Princes of this age and against them was nothing but the bare will and new commaundement of the present Popes herein falling away not onely from the auncient vse before but from the sense knowledge confession and iudgement of the auncient Popes 65. I stay the longer vpon this
it must be before his Bishoppe if he will accuse the Bishoppe it must be in a prouinciall Synode if he will draw a Metropolitane to answer for some things which he hath done it must be either before the Primate or before the Bishoppe of Constantinople All this we graunt to be orderly established the things intended are matters of Ecclesiasticall Cognisance which are to bee heard in such Courts but our question is of Clerks that are conuinced to be murtherers or Traytors c. Whether such are to bee exempt from triall at Common Law Of which exemptions these auncient Bishops neuer dreamed 76. It is moreouer to be noted that diuers of these places which he citeth as that from Sulpitius of S. Martin and from Ambrose c. are vnderstoode of another thing and not of exemption of Clarkes at all For the auncient Bishops as before I haue declared thought it not lawfull that matters of faith and doctrine should be determined in ciuill Courts by ciuill Magistrates This is true and this is that which those testimonies speake of but what is this to criminous Clarks that Robbers Traytors murtherers of the Clergy should be protected by reason of their Order from triall in Kings Courts this is a doctrine neuer knowne to the auncients It was first knowne in England in the dayes of Henry the second stirred seditiously by Thomas Becket Archbishop of Canterbury when as before that time it was neuer heard of in this land The manner heereof I will briefly recite out of Roger Houeden 77. In the yeare of Christ 1163. the contention concerning exemption of Clerkes grew famous betweene King Henry the second and Thomas Becket Archbishop Rex volebat saith Houeden Presbyteros Diaconos Subdiaconos alios Ecclesiae rectores si comprehensi fuissent in latrocinio vel murdra vel felonia vel iniqua combustione vel in his similibus ducere ad saecularia examina punire sic●…t laicum Contra quod Archiepiscopus dicebat quod si Clericus in sacris ordinibus constitutus vel quilibet alius rector Ecclesiae calumniatus fuerit de aliqua re per viros Ecclesiasticos in curia Ecclesiastica debet iudicari Et si conusctus fuerit ordines suos amittere sic al●…enatus ab officio beneficio Ecclesiastico si postea forisfecerit secundum voluntatem Regis baliuorum suorum iudicetur That is The King required that Priests Deacons Subdeacons and other Rectors of Churches if they were taken in murther robbery felony burning of houses or such like should be brought to secular Courts and there punished as Lay-men were Against this the Archbishop affirmed that if a Clerke being within holy Orders or any other Parson of a Church were accused of any thing he must be iudged by Ecclesiasticall Iudges in the Ecclesiasticall Court and if he were conuict he should loose his orders And so being excluded from office and benefice Ecclesiasticall if after this he incurred the like fault then might he be iudged at the pleasure of the King and his Officers Thus farre Houeden 78. This manner of degrading and afterward deliuering criminous Clarkes to the Secular power crept in about the time of the Conquest Bellarmine pretending greater antiquity for it can neither bring reason nor testimony for his opinion For whereas he saith Eusebius Bishop of Nicomedia was first deposed by the Nicen Councell and afterward banished by Constantine by this offering to proue that they must first be deliuered to the Secular power before the Magistrate may punish and reproueth Caluin for not considering thus much We answere Bellarmine sheweth his skill in shifting and hiding the truth to deceiue the simple For Caluin in that place which he citeth against this Romish immunitie proueth two things First that coactiue power is in the hand of the Prince and not of the Church Ecclesia cogendi non habet potestatem de ciuili coactione loquor saith he Secondly that criminous Clarkes had no immunities from the ciuill Courts of Princes Now that Bellarmine saith Eusebius was first deposed by the Councell and then banished is nothing against Caluin but for him For the Church did not inflict the coactiue punishment of banishment but the Emperour And Caluin proueth at large in the same place that Kings and Emperours haue no authority to iudge in causes of faith Producing the example of Ambrose who in such a cause resisted the Emperour Valentinian Such a cause was that of Eusebius the Emperour knew not whether he was in fault or not before the Church had iudged the cause But Caluines iudgement and our question standeth in two thinges against which Bellarmine doth not so much as speake one word First that coactiue power was not then in the Church but in the Emperour Secondly that criminous Clerkes were then punished by the Magistrate Eusebius is not there proposed as a criminous Clerke but as an example wherein the coactiue power of the Magistrate appeared But now they say if a Clerke bee proued to be a felon murderer traytor c. the Kings Courts may not censure this man before he be degraded Against these immunities wee speake for which Bellarmine offereth not any proofe Let the manner of Bellarmines answering bee considered for it is easie for him thus to answere Caluin and all Protestants when he toucheth not the point in question but singling out of some peece from the whole wresteth that also from the true intent that he may shape a mis-shapen answere to it Then we say that before those desperate times wherein Iohn Wiclife saith and often affirmeth that Satan was loosed no man claymed such a beastly priuiledge as to be exempt from the Kings Lawes for murder treason and such like Godlinesse reason and the light of Nature seemeth to be extinguished in these men that being contented to take the benefite of Lawes will not be contented to bee ordered by Lawes This hath forced some Princes and States to ordaine Lawes that such should be out of the Kings protection Thus did that noble Prince Edward the third King of England Wherein the King seemed to open the true way to his successors to deale with these men for seeing as then they did so now they doe denie themselues to be the Kings subiects and affirme that neither by Diuine nor humane right they are bound to obey the King with his coactiue Lawes and that they are onely vnder the subiection of the Pope that for no crimes they are to bee examined in the Kings Courts is it not great reason that the protection of the King and of his Lawes should bee denyed to them that reiect both 79. Houeden declareth also that in the yeare one thousand one hundred sixtie foure the King called a Synod and required the Bishops vpon their allegeance to receiue his Graundfathers Lawes to vse and obserue them Thomas Becket answered for him and the rest they would keepe all the Lawes
of his auncetours Saluo in omnibus or dine suo honore dei sa●…cta ecclesi●… This clause was thought new scrupulous and offensiue The King would haue him yeeld without exception but the Archbishop would not In this contention Philippus a Legat from the Popes side came into England by him the Pope and all the Cardinals commanded the Archbishop to yeeld to the King without exception whereupon hee did so but afterward reuolted from that promise Hence a new contention began but being againe perswaded hee promised obedience to the Kings Lawes The King to hold fast this slippery Merchant required all the Bishops to fet to their approbation and seales to those Lawes Hereunto when other assented the Archbishop swore that hee would neuer set his seale to them nor allowe them Afterward the Archbishop suspended himselfe from celebrating Masse and desired to goe to Rome but the King denied him The Bishop of London accused him of Magick The King perceiuing his rebellious disposition required the Barons to giue iudgement of him that being his subiect would not be ruled by his Lawes Cito facite mihi iustici●…m de illo qui homo meus ligius est stare iuri in curia mea recusat As the Barons were attending this seruice and now ready to giue sentence I prohibite you quoth the Archbishop in the behalfe of Almighty God to giue sentence vpon me for I haue appealed to the Pope And so he departed Omnibus clamantibus saith mine Author quo progrederis prodi●…er exspecta ●… iudicium tuum The Archbishop after this stole away out of the land changing his apparrell and name for hee called himselfe Deerman The Archbishop thus conueying himselfe out of the land came to the Pope and shewed him a Copy of these Lawes which the King called his Grandfathers Lawes When the Pope heard them reade in the presence of his Cardinals and diuers others he condemned the Lawes and excommunicated all that maintained them Condemnauit illas in perp●…tuum ana●…hematizauit omnes qui ea●… tenerent al●…quo modo fauerent saith Houeden 80. Thus did the Popes then stirre to aduance their spirituall Iurisdiction as they called it to such an height that the Kings of the earth who are set vp by God to iudge the world could not execute iustice and iudgement vpon offenders might not be suffered according to the commaundements of God to take vengeance of murtherers robbers incendiaries traytors might not execute that office for which onely they beare the sword Now because the deuotion sense and iudgement of all ages is pretended to be for the Popes Iurisdiction and against the Kings let vs obserue the iudgement of the men that liued at this time We shall finde in all this question of Iurisdiction and of these exemptions in particular that the king was iustified and the Archbishop condemned The Kings auncient Iurisdiction acknowledged the Popes new Iurisdiction and the Archbishops disobedience disallowed and abhorred of all For all the Bishops of the Prouince of Canterbury wrote a letter to the Archbishop the letter is extant in Houeden Therein they entreat him to yeeld to the King they commend the Kings care and zeale for the Church They testifie that the king requireth no more of him then the due honour which his ancestours haue alwaies had Rex a Domino constitutus pacem prouidet subiectorum per omnia vt ha●…c conser●…et Ecclesijs commissis sibi populis dignitates regibus ante se debitas exhibitas sibi vult exhiberi exigit The King ordained by God prouideth his subiects peace by all meanes that he may preserue this in the Churches and people vnder him hee requireth and exacteth that Iurisdiction which was due and exhibited to the Kings which were before him They charge him with rashnesse and furious anger for suspending and condemning the Bishop of Salisbury and the Deane before any question of their fault was moued Ordo iudiciorum nouus say they hic est huc vsque legibus eanonibus vt speramus incognitus damnare primum d●… culpa postremo cognoscere This is a new proceeding of iudgements and as wee hope vnknowne in Lawes and Canons to this day first to condemne a man and last of all to know the fault 81. And that the iustification of the King in this cause and the condemnation of the Archbishoppe might be made more euident to all the world the same Suffraganes that is all the Bishops of the Prouince of Canterbury wrote to Pope Alexander the third to whom they giue a worthy famous testimonie of the Kings iustice temperance and chastitie declaring that the King could not be suffred to execute his Princely office nor effect his good and godly purposes in execution of Iustice for the filthinesse of some of the Clergie Rex say they fide Christian ssimus in copula ●…oiugalis castimonij honestissimus pacis iusticiae cōse●…uator dilata●…or incōparabiliter strenuissimus hoc vo●… is agit totis in his feruet desiderijs vt de regno suo tollantur scandala cūspurci●…ijs suis eliminentur peccata pax totum obtineat atque iustitia c. Qui cum pacem regnisui enormi insolentium quorundam Clericorum excessu non medio●…riter turbari cognosceret c. That is The King in faith most Christian in the bond of matrimoniall chastity most honest for preseruation and dilatation of peace and iustice without comparison the stoutest doeth with great zeale and affections desire this that scandals may be remoued out of his Kingdome that sinnes with their filth may be banished c. and finding the peace of his Kingdome not a little troubled with the enormous excesse of some insolent Clerks c. And thus they proceede declaring wherein those strange exemptions stood which then began first to bee knowne in the world For say they if a Clerke should commit murder c. the Archbishoppe would haue him punished onely by degrading but the King thought that punishment not sufficient for establishing of peace and order and for execution of iustice Hi●… non dominationis ambit●… non opprimendae Ecclesia libertatis intuit●… sed solummodo pacis affectu eò Rex progressus est vt regni sui consuetudines regibus ante se in regno Angliae à personis Ecclesiasticis obseruatas pacificè reuerenter exhibitas Dominus noster Rex deduci vellet in medium That is Hereupon not through ambition of Domination not with any purpose to oppresse the liberties of the Church but onely in a zeale of peace the King proceedeth thus farre as that hee will haue the customes of his Kingdome now brought to open knowledge which Ecclesiasticall persons haue obserued and peaceably and reuerently exhibited vnto the Kings of the kingdome of England before him And a little after Haec est Domini nostri regis in Ecclesiam Dei toto orbe declamata crudelitas hac ab eo persecutio That is
flatterie in his seruants then to resume these old condemned priuiledges and therewithall to patch yp a Iurisdiction standing so directly against the iudgement and practise of the ancient godly Fathers 92. And yet was Anselme as resolute in this as Augustine was in the contrarie But heerein a great difference appeared which might much sway the iudgement of indifferent readers if there were no other meanes to informe them that Saint Augustine standing against appellations to Rome had heerein the full consent of all his fellow Bishoppes not one dissenting But Anselme standing for appellations to Rome stood alone without the consent of so much as one Bishoppe which thing I report for the honour of the Church of England and of all the Bishoppes of England at this time who heerein resisted their Archbishoppe standing for the ancient liberties of the Church William Malmsburie witnesseth thus much In his exequendis saith he omnes Episcopi Angliae Primati suo suffragium negarunt That is In the execution of these things all the Bishops of England denied their consent to their Primate This sheweth that Archbishoppes were made the Popes seruants before Bishoppes were the reason was because the Archbishoppes vsed to purchase a Pall from the Pope which Pall Anselme had not yet at this time of his variance with the King obtained for Malmsbury saith he first asked leaue to goe to Rome for the Pall. Now the Pope in graunting the Pall conueyed an Oath of Alleageance with it as before we haue obserued which was the reason that moued our Archbishopps to stirre such rebellious tumults against the Kings of this land Such was this faction which Anselme maintained for the Pope against the King wherein he was condemned by all the Bishops of England in the question of Appellation as Thomas Becket was after this time condemned by all the Bishoppes in like sort in the question of Inuestitures 93. And therefore Henry the second had iust cause to publish that law which Roger Houeden calleth graue edictum execrabile against the Pope beginning Si quis inuentus fuerit literas vel mandatū ferens Domini Papae c. capiatur de eo sicut de regis traditore regui siue dilatione fiat iusticia That is If any be found bringing in the Popes Letters or Mandat c. let him be apprehended and let iustice be executed without delay vpon him as vpon a traytor to the King and Kingdome In the same law it is said Item generaliter interdictum est ne quis appellet ad Dominum Papam That is It is simply by law prohibited that no man appeale to the Pope This was not a new law now inuented by Henry the second but an auncient law now renued and vpon a iust occasion put in execution for William Rufus as before we haue declared vrged this law against Anselme proouing it to be one of his Fathers lawes and auerring that such appeales did stand against the auncient lawes and customes of his Kingdome so that the Kings Iurisdiction in such matters was maintained by the auncient lawes of this land 94. But because the antiquity of the lawes of our land is questioned by our aduersaries though this thing belong not to my profession yet let me in a few wordes declare what I haue met with in Stories concerning this point that it may appeare that the lawes of this land are much more auncient then that Religion which now is called the Religion of the Church of Rome King William Rufus the Conquerours sonne declareth as Malmsbury witnesseth that it was a custome of this kingdome confirmed by his father that without the Kings licence no man might appeale to the Pope Now these lawes and customes which William the Conquerour did publish and confirme were the auncient lawes and customes of the Saxons before him not first inuented by the Conquerour though enacted and established by him For Roger Houeden writing of these lawes which the Conquerour enacted saith that the King being once in minde to establish the lawes of the Danes was after much and earnest intreaty of the Barons perswaded to yeelde that the lawes of King Edward the Confessour should be retained still The Barons saith Houeden vrged the King Pro anima regis Eduardi qui et post diem suum concesserat coronam regnum cuius erant Leges Unde Concilio habito praecatui Baronum tandem acquieuit ex illa ergo die visa authoritate veneratae per vniuersam Angliam corroboratae confirmatae sunt prae caeteris patriae legibus leges Eduardiregis quae prius inuentae Constitutae erant in tempore Adgari aui sui For King Edwards soule who bequeathed him his Crowne and Kingdome after his death and whose lawes they were whereupon holding a Parliament he yeelded at last to the Barons request from that day forward the lawes of King Edward were by his authority honoured established and confirmed through all England which lawes were before found out and enacted in the time of Edgar Grandfather to King Edward After this Houeden entreth into a large discourse to proue that the lawes which the Conquerour established were King Edwards lawes which lawes saith he were called King Edwards lawes not because hee inuented them first but because after they had beene buried in some neglect lying vnregarded and not put in due execution for the space of three score and eight yeares after Edgars death for so many yeares are betweene King Edgars death and S. Edwards Coronation he reuiued them And thus much he confirmeth that the lawes established by the Conquerour were S. Edwards lawes and the same which were in vse here in the daies of that peaceable King Edgar And it is not without good reason collected that the same lawes proceeded from King Alphred for he like another Iustinian is reported to haue compiled certaine volumes of lawes not onely from the lawes of the Britaines Saxons and Danes but also of the ancient Grecians and other Besides that he translated into the Saxon tongue those lawes which were called the Molmucin lawes and also the Martia●… lawes the one of Dunwallo Molmucius an auncient Brittish King the other so named of Martia Proba an auncient Brittish Queene And that William the Conquerour established the Saxon lawes it is likewise testified by Henry Huntingdon who saith thus Saxones pro viribus paulatim terram bello capessentes captam obtiuebant obtentam aedificabant aedificatam legibus regebant Nee non Normanici cito breuiter terram subdentes sibi victis vitam libertatem legesque antiquas regni iure concesserunt The Saxons by a strong hand ouercame the land in time by war built as they ouer came and as they built gouerned it by lawes The Normans also quickly subduing the land vnder them yet graunted by the right of the Kingdome lise and libertie and the auncient lawes to them whom they subdued 95. Then whereas William Rufus
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 V●…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 mad●… 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 s●…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 Pa●…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 depriu●…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 Pop●… 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 Do●…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 Auenti●…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 opp●…esse the Bishops authority and to draw all power to himselfe Hoc i●…stitutum to vse the words of Aue●…tinus tollere antiquare Episcoporum autoruatem Labefactare ad vnius cu●…cta potestatem redigere complacitum est 126. This being the purpose of Popes
of Christendome are to be intreated in the behalfe of God to remoue these greeuances from the Church which the insatiable couetousnesse of Popes brought in And seeing they haue remoued the Harpyes themselues why should they leaue the markes of their abhominable couetousnesse to the eternall oppression of the Church Why should these vncleane spoiles be found in the hands of godly Princes It would be the eternall honour of our Princes not to chaunge the oppressour but to remooue the oppression It was the honour of this land that when the Pope had oppressed all other Churches onely the Church of England was free Hanc consuetudinem omnes ad●…isere praeter Anglos saith Naucler It was first imposed in the yeare one thousand and foure hundred it was not vsed in England when Naucler wrote as he witnesseth that is not before the yeare one thousand fiue hundred so odious an abuse so lately bred might soone be remoued if the cup of these sweete wines wherein the Pope began had not beguiled many men 152. When Boniface the ninth had begun this oppression much money was thereby gathered from the Clergie throughout the Emperours Dominions the money being thus collected was deteined by the greedy Emperour Wenceslaus from the more greedy Popes This turned the hearts of the Popes against him therefore Gregory the ninth deposed him and set vp Rupertus Count Palatine of Rhene against him George King of Bohemia 153. AFter the death of Ladislaus King of Bohemia who died without issue two great Kingdomes of Bohemia and Hungaria with the Duchy of Austria being vacant many Princes sought the Kingdome of Bohemia Charles King of Fraunce whose daughter Ladislaus married would haue placed one of his sonnes Casimire King of Polonia hauing married a sister sought it in her right so did Guilliam Duke of Saxony who married the elder sister of Lad●…slaus Sigismund and Albert Dukes of Austria were in good hope and Frederick the Emperour would haue had the administration of the Kingdome because the homage due to the Empire had beene neglected When the day of Election came 〈◊〉 〈◊〉 was chosen King and afterward confirmed by Fredericke the Emperour but Paul the second finding that this George fauored the Hussites or as Platin●… saith daily withdrew himselfe from the body of Christianity meaning from the obedience of the Pope did excommunicate and depose him setting vp Mathi●… King of Hungary against him Mathi●… gaue the Bohemians a great ouerthrow in the yeare one thousand foure hundred and 〈◊〉 and with such mortall hatred was Pope 〈◊〉 set against this King that he sent many Bishoppes to negoci●…te these warres and to raise vp the Hungarians and Germanes against him and so farre preuailed that he e●…tinguished all the posterity and discent of George and would saith 〈◊〉 vtterly haue rooted out all the name and memory of the Heretickes vnlesse the Polonians had stayed 〈◊〉 For the Polonians claimed the Kingdome of 〈◊〉 as due to them 〈◊〉 being already busied enough with the warres of the Turke thought good not to draw new trouble●… vpon himselfe by prouoking the Polonians Thus the Pope rested at that time contented with the blood of George and his children seeing the power of his malice could then proceed no further King Iohn of Nau●…rre 154. POpe Iulius the second the scourge of Christendome in his time vsed the like courtesie to Ioh●… King of Nauarre for when this Vicar of Christ 〈◊〉 raised warres against the French King Ioh●… King of Nau●…rre held as he had reason with the French King being a French-man by birth and hauing the greatest part of his pa●…imony in Fraunce 〈◊〉 King of Arragon then fauoured the Pope This 〈◊〉 prepared warre against the French King and to turne the mindes and speech of all men vpon the French warres from that purpose which secretly hee intended hee intreated Henry the ●…ighth King of England to send him an Army to helpe him in the warres of Fran●…e King Henry haui●…g maried the daughter of Ferdinand sent him sixe thousand footmen these came to the Frontiers of France and there stayed long for the army of Ferdi●…nd who for his better passage into Fraunce required of I●…hn King o●… Nauarre through whose Dominions hee was to passe that he would deli●…er vp to his hands three of the strongest Castles that he would demaund the request as vniust was denied by the King of Nauarre Ferdina●…d referreth the matter to the Pope The Pope I●…lius not regarding the iustice or iniustice of the cause pronounceth the King of Nauarre a Schismaticke and Hereticke for fauouring the French King and therefore depriueth him of his kingdome and giueth his right to Ferdinand Who thereupon sent his army of a suddaine against the King of Nauarre who fled into France Thus was the kingdom●… of Nauarre surprised and no title pretended sauing onely the Popes excommunication The state of Venice 155. IT were too long to recompt all the mischiefes and miseries that the Popes Excommunications haue brought vpon Christendome I haue collected the chiefe and most eminent and will end this discourse with the memory of that affliction and desolation which the Pope brought vpon the Venetians Iul●…s the second following the steppes of his predecessours brought an armie before Bononia besieged the towne and tooke it The familie of the Bentiuoli he vtterly ruinated killing some banishing other When thus hee had ouerthrowne the Bentiuoli Then he set himselfe in like sort to root out the Venetian name Ad venet●… 〈◊〉 excidiu●… saith 〈◊〉 The better to effect the malice against the Venetians he drew 〈◊〉 the Emperour the French King the King of Spaine the Duke of Ferrara and the Duke of Mantua into a league when first himselfe had excommunicated and c●…sed them hee set all these vpon them at once The Pope made choice of a fit time to doe them the greatest hurt he could for a little before this the state of Venice was brought so low that a weake enemie might soone haue ●…dangered them hauing had their whole army brought vnto Internecion at Abdua after that ouerthrowen in a great battell by Lewes the French King their chiefe generals Liuianus taken prisoner Petilianus put to flight The Pope tooke the aduantage of this their weakenesse and seeing them falling labored to thrust them headlong that they might neuer be able to rise againe M●…ximilian tooke Verona Vicetia Padway Carni the French King surprised Bergamum Brixia Cremona Crema the Spaniard wan Tranum Monopolis and Barletta in Apulia The Popes share was Rauenna Ariminum all Aemilia The Duke of Ferrara got Rodigium and the Duke of Mantua Asula Thus was that noble state brought in manner to vtter ruine 156. Iulius hauing thus satisfied his malice and obtained his purpose in some measure against the Venetians being ledde by a spirit that would giue him no rest began to turne his furious wrath in like sort against 〈◊〉 contrary to his faith often promised and
the greater and more diuine power that is giuen them for edification not for destruction are bound the more to exclude and root out these wicked distroyers from the Church of God And therefore hee auerreth that the Pope cannot commaund such a sinne as this to be done So hatefull and detestable so abhominable to Christ so pernicious to man For this were an vtter defection from power and Iurisdiction a corruption and abuse thereof and a remotion from the throne of glory and a session in the chaire of pestilence and in eternall shame in hell next in place to those two great Princes of darkenesse Lucifer and Antichrist And because in such things no man ought to yeeld his obedience but is bound to disobey therefore he saith thus Out of duety and obedience and out of the loue of vnion with the bodie of Christ I vtterly reiect and resist these letters especially because they vrge me to such a sinne as is euidently abhominable to God and pernicious to man and because they are contrary to the holinesse of the sea Apostolike and against the Catholicke faith Filialiter obedienter non obedio contradico rebello And vnto that Sophisticall shift of Plenitudo potestatis whereby they vsed to cast a colour ouer these practises he aunswereth in such a sort as giueth a short rule of vnderstanding this fulnesse of power for thus he saith Breuiter autem recolligens dico Apostolicae sedis sanctitas non potest nisi quae in aedi●…icationem sunt non in destructionem haec est enim potestat is plenitudo omnia posse in aedificationem That is Briefely recollecting what we haue said we say the holinesse of the sea Apostolicke cannot doe any thing but that which is for edification and not for destruction for this is fulnesse of power to be able to doe all things for edification In which sense who would haue denied the Pope a fulnesse 27. When this letter came to the Pope Nonse capiens prae ira saith mine Author quis ait est iste senex delirus surdus absurdus qui facta audax temerarius iudicat Per Petrum Paulum nisi me moueret innata ingenuitas ipsum in tantam confusionem praecipitarem vt toti mundo fabula foret stupor exemplum prodigium Nonne r●…x Anglorum noster est vassallus vt plus dicam mancipium qui potest eum nutu nostro incarcerare ignominiae mancipare That is The Pope not being able to hold for anger said who is this foolish deafe absurd old man that with such rash présumption iudgeth our acts By Saint Peter and Saint Paul if mine ingenuous good nature did not stay me I should hurle him into such a confusion that he should be the fable of the world an astonishment an example a monster Is not the King of England our vassall or to say more our slaue who is able at our becke to imprison him and to appoint him to ignominie But the Cardinals appeased his holinesse especially Cardinall Egidius Hispanus who fearing that the Pope might prosecute some courses of extremitie against him as afterward hee did tolde him that it was not fit to vse that man hardly The things which he writeth quoth the Cardinall are true we cannot denie them or condemne him he is a Catholicke and holy man more religious more holy of a more excellent life then we are there is not thought to be a greater Prelate this day liuing no nor comparable to him All the Clergie of France and England know this to bee true hee is esteemed also a great Philosopher in the Latine and Greeke languages famously learned a man zealous of iustice a reader of Diuinitie in the schooles a preacher to the people a louer of chastitie a hater of Symonie c. The Cardinals therefore aduised the Pope to dissimulate the matter least some tumult might arise saith mine Author 28. And marke well why they feared that a tumult might rise in the Church about this matter this reason Mat. Paris relateth in these words Consilium dederunt Cardinales Domino Papae vt omnia haec conniuentibus oculis sub dissimulatione transire permitteret ne super hoc tumultus excitaretur maxime propter hoc quia scitur quod quandoque discessio sit ventura That is The Cardinals gaue this aduise to the Lord Pope that hee would winke at all these things and passe by them as dissimulating least a tumult might arise especially for this cause because it is well knowen that once there shal come a departure Let this be obserued It was written long before M. Luther was borne The Pope and the Cardinals knew long before that once a departure should bee made from the obedience of the Pope and therefore Robert Grosthead did put them in great feare least he might be the man that might worke this departure Then it seemeth in the iudgement of the Cardinals that he who first should worke this departure must be an excellent godly and learned man such one as Grosthead was then knowen to be But if Grosthead had done that thing then which vpon the like occasion Luther did afterward wee should haue heard him reuiled for the rankest hereticke the most wicked and vngratious man that euer liued as now Luther is by them who vs●… to curse where God blesseth and to blesse where God curseth Then they were in feare of Grosthead thought that this departure could not bee done but by some such excellent man And what hath M. Luther done but that which Grosthead was prouoked to do or who could doe otherwise that keepeth Grostheads principles 29. The godly zeale of this man is further declared by Mat. Paris who recordeth certaine Discourses and actions of his against the Popish practises Improbos Romanistas saith he praceptum habentes Papale vt eis prouideretur quasi venenum odit serpentium Dicebat enim quod si animarum custodiam ipsis traderet Satan●…zaret vnde saepius proiectis literis Papalibus bullatis talibus mandat is praecis●… contradixit The wicked Romanists that brought the Popes letters for prouisions he hated as the poyson of serpents for he said if he should commit the custody of soules to them that then he should play the diuels part Wherfore often he threw away the Popes bulled Letters precisely contradicting such commaundements The same Authour noteth a memorable saying that Grosthead was wont to vse No●… liberabitur Ecclesia ab Aegyptiaca seruitute nisi in ore gladij cruentandi That is The Church shall not be deliuered from this Egytian bondage but by the edge of the bloody sword By all which we see the excellent spirit of this man against the spirit that ruled in the Popes and against their Iurisdiction neither are we to thinke that Grosthead followed any other religion then that which his fathers followed before him this is the religion sense and iudgement of the world then that is of all godly and iudicious that then
liued 30. But was not Bishoppe Grosthead of the same faith and Religion with the Church of Rome Yes verily and so will I be if you grant me his conditions exceptions for he putteth two clauses very memorable by which he will condition with the Church of Rome or any other particular Church whatsoeuer First That the doctrines of that Church be the doctrines of Christ and his Apostles Secondly That so wee may regard the Church of Rome that wee be sure to hold vnity with the true Church the body of Christ. These excellent and famous men that haue heretofore liued in the vnity of the Church of Rome haue beene willing wee confesse to yeelde so much to the Pope and that particular Church as they might doe holding vnity with the true body of Christ. But if the vnity with the Romane Church doe draw them away from the vnity with Christs body then haue they alwaies beene resolued to giue ouer the vnity with that particular Church This confirmeth that which before I obserued in the Distinction betweene the Church of Rome and the Court of Rome because we see many learned and worthy men of our forefathers were of the Church of Rome that is held the bond of vnity with it who were professed enemies to the Court of Rome Now the Pope and his flatterers haue forsaken that vnity with the Church of Rome which stood in Apostolicall doctrines and vnity with the true body of Christ howsoeuer they boast of the name and haue nothing now to shew for themselues but the pride and faction of the Court of Rome 31. Now come we to the time wherein liued Iohn Wiclif another of the worthies of Merton Colledge in Oxford his aduersaries would blot him with the name of an Hereticke some things are vntrue wherewith they iniuriously charge him some things are true which they vniustly call Heresie In this question of Iurisdiction as he receiued the truth from Occham his Senior in Merton Colledge so he deliuered the same faithfully Speaking of the Kings Iurisdiction as well ouer the Clergie as Laity he saith The chiefe Lordshippe in this land of all temporalties both of secular men and religious pertaine to the King of his generall Gouernement for else hee were not King of all England but of a little part thereof Therefore the men that busien them to take away this Lordshippe from the King as don Friars and their sautors in this point beene snarper enemies and Traytors then Frenchmen and all other nations Wiclif labored worthily to descry refute the errors concerning Iurisdiction that in his time came creeping in introduced by Friars For he witnesseth that the Friars taught thus Rex Angliae non est rex totius Angliae sed regulus paruae partis super residi●…um vero mortificatum est Papa Dominus Veruntamen non est disp utandum inquiunt de hac materia quousque fuerit in effectu potentius stabilita sed tolerandae sunt iniuriae dominorum saecul●…rium quousque arriserit opportunit as temporis That is The King of England is not King of all England but Lord of a little part ouer the residue in a dead hand the Pope is Lord but say they there is no disputing of this matter vntill it be powerfully brought in effect In the meane time they say the iniuries of temporall Lords must be borne vntill an opportunity fauo ur them This is plaine dealing The Friars declare what is that thing at which they haue long aimed For what other meaning haue their pretended exemptions then by making a reuolt from the obedience of their soueraigns to become wholly the Popes seruants and creatures 32. But this late generation of Friars I meane the Iesuites exceeding these olde Friars in admirable practises in the blood and destruction of Princes and states are yet so confident in their wit and eloquence that they thinke themselues able to perswade the Kings of the earth to account them among good and loyall subiects The old Friars dealt more plainely they professed not obedience to Princes these professe more and would colour their deepe deuises in destruction of Princes with impudency and dissimulation as if they meant not the same things which daily they practise Now that which Wiclif taught against these wicked and prophane opinions of these olde Friars was no other thing then the iudgement of the learned Diuines which liued before and in his time for he brought in no nouelties but the Friars introduced the nouelties in Religion and Iurisdiction And that Distinction which before we obserued betweene the Church of Rome and the Court of Rome he confirmeth as a thing notori●…usly marked in his time for of the Church of Rome he saith thus Protestor publice quod amando venerando Romanam Ecclesiam matrem meam desidero procuro defensionem omnium priuilegiorum suorum That is I protest publiquely that louing and honouring the Church of Rome Ireuerence my mother and procure the defence of all her priuiledges But of the Court of Rome or that particular Church of Rome which was gouerned by the Pope hee saith much otherwise not doubting but that the iudgement of the particular Church of England might in many things be preferred before that particular Church of Rome guided by the Pope Fieripotest saith he quod Dominus Papa foret ignarus legis scripturae quod Anglicana Ecclesia foret longe praestantior in iudicio veritatis Catholica quam tota ista Romana Ecclesia collecta de istis Papa Cardinalibus That is It may come to passe that the Lord Pope may be ignorant of the law of Scripture and that the Church of England may be more excellent in the iudgment of the Catholicke truth then all this Romane Church collected of the Pope and Cardinals Then in those dayes there was not much attributed to the Popes not erring iudgement or to the authority of that Church which was wholly gouerned by the Pope seeing the Pope might be ignorant of the lawe of God and the Church of England might haue a more excellent iudgement in the truth then that particular Church of Rome That which Wiclif saith might come to passe the world seeth and acknowledgeth that since that time it is come to passe That Friars were the introducers of Nouelties we haue already shewed out of Iohn Wiclifes obseruations In this sorte things stood vntill the time of the Councell of Pisa which was helde some twentie yeares after Iohn Wiclifes death §. IIII. The Popes Iurisdiction ouerthrowne by Councels 33. THus haue we heard the iudgement of learned men against the Popes Iurisdiction after that the same Iurisdiction began to be practised these haue refuted especially that part of his claime which was in temporalibus Now we will consider another part of his pretended Iurisdiction which was in spiritualibus in this we finde his feathers as well pulled as in the former so that when both temporall and spirituall Iurisdiction is
pulled from him and when Princes take their owne right in temporalties and Councels in spirituall Iurisdiction the Bird will be left naked betweene them that was so glorious with the feathers of others 34. Before the time of the Councell of Trent this hath bin alwaies acknowledged and preserued a trueth in the Church that the authority of a Councell is aboue any particular whatsoeuer whether he be the Bishop of Rome or any other This was neuer once brought in question the first thousand yeares but when the Popes had framed a Ladder of their supposed Iurisdiction to clime aboue Princes and Friars began to puffe vp the Sailes of the Popes pride by the winde of their flatterie then began some question to bee made of the authority of a Councell The Friars hoisted vp the Pope aboue the Councel but there were alwaies in the Church of Rome some remaining yea a great number and sometimes as the best part so the strongest who held and maintained the auncient true Iurisdiction of a lawfull free generall Councell to be aboue the Pope and to haue authority to depose the Pope or otherwise to censure him as in their wisedome they thought meete This question of the Iurisdiction of a Councell had often beene moued as we finde by the appeales of Emperours and Kings and others from the Pope to a generall Councell but it came not to be put in execution before the Councell of Pisa which was gathered vppon this occasion 35. After a ●…ong schisme in the Church of Rome Gregory the twelfth was chusing during the schisme Gregory tooke an Oath as soone as he was elected to take away the schisme by all possible meanes and wrote to Benedict the thirteenth inuiting him to a mutuall abdication for peace Benedict returned an answere to the same words backe again As the Popes colluded together without any sincere purpose of abdication the question began to be mooued of the authority of the Church which might order them both because the Church is aboue all euen the Popes are subiect to this power and therefore it was thought fit that a generall Councell should be called representing the Church of these Westerne parts The Councell was summoned to meete at Pisa the Bishops Prelates and Princes being orderly summoned and meeting heere in the yeare one thousand foure hundred and eight proceeded against both the Popes deposed and depriued them condemning them both for Heretickes and Schismatickes commanding all Christians not to take them for Popes or yeelde obedience to them In this Councell there was great disputation of the authority of a Councell and it was determined none contradicting sayeth mine Authour that the Councell had authority to depose the Popes persisting in a scandall and to chuse another This was the ground and occasion of calling the Councell of Constance not long after this 36. This Councell of Pisa is much commended by Iohn Gerson and by the Councell of Constance as the same Authour Gerson doth witnesse Where he saith also that the Church of England sent learned men to that Synode at Pisa who as they came through Paris were entertained with an Oration of the same Gerson then Chauncellor of the Vniuersity of Paris declaring the consent of that Vniuersity with them Then wee haue the Councell of Pisa and herein the iudgement of the Church of England concurring with many other Churches against the Popes Iurisdiction The same will likewise appeare by the Councell of Constance 37. The Councell of Constance was called by the commandement of Sigismund Emperor in the yeare one thousand foure hundred and fourteene for the same end For the Synode of Pisa had deposed the two Popes that maintained the schisme and chosen a new Pope Alexander the fift but the other two helde their places by force and there were now three Popes after Alexander 5. death Ioh●… the three and twentieth was chosen this man came to Constance and shewed himselfe willing to be deposed so that the other two in schisme might be ordered and pulled downe from the places which they held but this Iohn finding that the Councell had a purpose after that he was deposed to chuse another and not himselfe fled away from the Councell and refused to be ordered by it but hee was apprehended and brought backe againe so his life and conuersation being examined by the Councell he was deposed but when he sent Charles Malatesta to approue the sentence of the Synode and to make for him and in his name a free abdication of the Papacy he died for griefe that Malatesta had performed that commission so roundly and so quickly 38. The other two Popes Gregory and Bened●…ct stood vp mainteining the schisme all this while To order them Sigismund Emperor tooke great paines with the Kings of England Fraunce and Arragon Gregory yeelded to be ruled by the Synode but Benedict stood out stiffely a long time who in the end also was depriued and pronounced an Hereticke and Schismaticke It is obserued that there was nothing concluded in this Councell without the consent of the fiue Nations The Synode hauing thus deposed all those other Popes made choyce of Martin the fift And to preuent such schismes and the troubles which grewe by them it was decreed in the same Synode that such Synodes should be often called the first should bee called fiue yeares after this the second seauen yeares after the first the third tenne yeares after the second and so from tenne yeares to tenne yeares continually This order and Iurisdiction of the Church declared in Synodes did so terrifie the Popes that they sought by all meanes to defeat it they could not indure such a Iurisdiction aboue themselues to call them censure them depose them as this Synode had throwen downe three Popes at once Therefore the Popes after this laboured by all meanes how they might oppresse the authority of a Councell which they could neuer doe before the Councell of Trent and all these partes of Christendome on the other side laboured to maintaine the authority of the Councell aboue the Pope 39. For the better confirmation hereof this Synode declareth the authority and Iurisdiction of a generall Councell thus Declarat haec sancta Synodus quod ipsa in spiritu sancto legitimè congregata Concilium generale faciens Ecclesiā Catholicam representans potestatem à Christo immediate habet cui quilibet cuiuscunque fuerit status vel dignitatis etiam si Papalis existat obedire tenetur in his quae pertinent ad fidem extirpationem dicti schismatis reformationē dictae Ecclesiae in capite in membris That is This holy Synode declareth that they being gathered in the Holy Ghost making a generall Councell and representing the Catholicke Church haue power immediately from Christ to which euery man of what s●…ate and dignity soeuer though he be a Pope is bound to obey in those things which pertaine to faith and the extirpation of schisme and reformation
2. Ep. 10. 20. Cuspinian vit Fred. 2. Anno 1247. The Earle of Tholous Simon Montford Ea●…le of Leister when peace was concluded betweene Henry the third King of England the Barons fledde from England to France and put himselfe in the seruice of the French ●…ing ●…ian Anno 1245. Platin. Innoc●…nt 3. Ann●… 1263. Epist. Conradin apud Naucler●… Generat 43. Quem cum Pontifex transeuntem vidisset prophetica voce vsus adolesce●…s dixit hic tanquam victimam ad caedem ducitur Naucler Plati●… Nichol. 3. Naucl. gener 43 Platin. Mart. 4. Naucler Mandans regi recognitionem regni facere sedi Apostolicae Naucler Naucl. gener 44. Naucl. gener 44. Platin. ●…onif 8. Naucl. gener 44. Plat. Bonif. 8. Polychron l. 7. cap. 39. Fatuitas vestra Anno 1038. Platin. Clem. 7. Clem. de sent re iudic pastoralis Anno 1313. Cuspinian Naucler Plat. Naucl. gener 45 Naucl. gener 45. Anno 1338. Paralipom Usperg Ora. in Auxent Cuspinian Naucler Anno 1346. Naucl. gener 45. Paralipom Vsperg An. 1346 Cuspinian vit●… Guntheri Cuspin in vit●… Caroli Vicecomites Auentin l. 7. Naucl. gener 46 Nauel gener 46 AEnaeas Siluius hist. B●…hem cap. 33. Ann●… 1379. Naucler Anno 1400. Na●…cl gener 47. Virgil. AEn li. 3. Naucler Platin. Paul 2. Palmer Platin. Paul 2. Nebress lib. 1. cap. 3. Onuphr Iul. 2. Qu. 1. art 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Iustin 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Q. 4. Artic. 2. In ordine ad spirituale bonum l. 5. c. 6. de Rom. Pont. Examination of M. George Blackwell Epist to Bellarmine Part. 2. cap. 4. Part. 2. cap. 5. Rom. 13. 4. Part. 2. cap. 5. Part. 2. cap. 22. Part. 2. cap. 22. Mat. 28. 18 Part. 2. cap. 23. Ibid. Ibid. Cap. 1. Cap. 2. Cap 93. Dist. 96. cap. cum ad verum Cap 93 Part. 2. cap. 22. * Septimo de Sent. c. lege secund de Sent. This Narration is w●…ten by Occh●…m extant in his worke●… Literae recitatoriae gestorum fratris Michaelis Cezenae inter opera Guilielm Octham Nauel ●…ner 45 Paradox Part. 2. cap. 2. Quest. 3. cap. 5. Quest. 3. cap. 6. Lib. 3. ●…ract 2. cap. 33. Ex regi●…tro collegij Mertonens Naucl. gener 45. VViclif complaint pag. 14. Mat. Paris Henric 3. 37. ●…n 1253. Mat. Paris Mat. Paris ibid. VViclifs complaint Artic. 2. Lib. de fundam legum Angliae ca. 36. pag. 424. De veritat Scriptur pa. 196 Ibid. Chapt. 7. §. 2●… Naucl. gener 47. Ioh. Gerson lib. de auferibilitate Papae Sess. 5. Anno 1430. Sess. 38. Sess. 45. decretum quinque conclusionum Saluus conductus Boemorum conc Basil. sess 4. Ibid. sess 17. Sine omni Iurisdictione coactiua Concili Basil. Sess. 12. decretum citat contra Papam Ibid. Responsio Synodal de authorit concilij generalis super Papam quoslibet Epist. Synodal responsiua ad inuectiuam Eugenij Epistola Synodal ad vniuers Christi fidel de obediendo concil gener Lib. 1. de Concil cap. 7. Gerson de potest Eccles. consid ●… Answere to the fift part of Reports De potest Eccles. consid 4. Ibid. consid 4. Ibid. consid 8. Ibid. consid 10. Ibid. consid 12. Serm. pro viagio reg Rom. direc 1 Lib. de auferebilit Pap. consid 8. Ibid. consid 15. Written An. Dom. 1442. Apoc. 18. 4. Lib. 2. cap. 13. de Cathol Concord Ibid. Ibid. cap. 17. Ibid. Ibid. lib. 3. cap. 5. Ibid. Ibid cap. 13. Reperio eum semper presedisse cap. 16. Laici non habent vocem Synodalem sed tantum audire debent lib. 3. cap. 17. Lib. 3. cap. 24. Lib. 1. de gestis ●…asil concil Ibid. Ibid. Ibid. Ibid. Ibid.
declared that the Reader may vnderstand what graue matters are handled in some Popish Councels In this Councell the excommunication against the Emperour was renued Whereupon such a ruine and vastation of Italy followed that nothing could bee seene there for a time but bloud-shed burnings robberies the State and Church confounded the true heires turned o●…t of their possessions robbers and oppressours thrust in All this moued not the Popes to remit Inuestitures The Emperour perceiuing that nothing could moue the Popes to loose so beneficiall a Pray no not the common calamity of Christendome was perswaded to yeeld to the Pope in the end in respect of the miseries that followed this contention And so resigned Inuestitures to the Pope Whereupon peace followed for a time Frederick Barbarossa 108. FRederick the first sirnamed Barbarossa is highly commended by the Writers of that age and of them that followed for a Prince of great worth wisedome and valour When he came into Italy the Pope met him not with a purpose to honor him but by him to be reuenged vpon the King of Sicily with whom the Pope was at variance Frederick receiued the Pope with great reuerence and as he lighted from his horse held the left stirrope This was made a great quarrell against Frederick and though he made his reasonable excuse that this was the first time that euer hee serued in that sort and might therefore be pardoned for any thing vnskilfully done that the office proceeding from good will it made not much matter on which side he came that came to reuerence him yet the Pope would not be satisfied but shewed himselfe so much offended that the Emperour began to be somewhat moued so that the parting was with some stomacke on both sides The next day the Emperour meeting the Pope helde the right stirrope to please him and when they were set the Pope thus began The Princes of auncient times your predecessours when they came to make petition for the Imperiall crowne were wont by some worthy office to promerit the fauour of the Church of Rome that by preuenting the blessing they might declare by some egregious seruice that the Crowne was due to them Thus did Charles by ouerthrowing the Lumbards Thus did Otho by defeating the Berengarij Thus did Lotharius by repressing the Normanes So must you doe and represse the King of Sicily with the Normanes and restore Apulia to vs and the Church and then you shall see what we will doe for our part The Emperour vnderstanding well how vnreasonable the motion was that Apulia which was by right a part of the Empire should be taken from the King of Sicily at the Emperors charges and bestowed vpon the Pope yet for that time did giue a moderate answer that he would goe into Germany returne with fresh forces for that seruice because these which were with him were much decayed 109. This mention of the King of Sicily draweth vs to speake somewhat of him our purpose being to obserue the practise of Popes in deposing of Kings William King of Sicilia held also Apulia as hee receiued it from his Father Roger to whom it came from Robert Guiscard who first draue out the Moores from thence and wonne the possession thereof This William because he would not giue Apulia to the Pope for inlarging of Saint Peters Patrimonie was excommunicated by Pope Hadrian the fourth deposed from his Kingdome his subiects discharged of their Oath and Alleageance And because William stood vpon his strength in his owne iust defence against the Pope therefore the Pope would gladly haue set Frederick the Emperour against him In the end William in feare partly of Frederick but especially of Immanuel the Greeke Emperour whose Orator Palaeologus promised to driue William out of Italy and to giue the Pope fiue thousand pound weight of gold if three Hauen Townes of Apulia might be giuen to his Master by couenant after the victory was driuen to compound with the Pope and being thus forced thereto did acknowledge that he held both those Kingdomes of the Pope 110. When Frederick the Emperour vnderstoode that the Pope had made a league with William and confirmed him in both the Kingdomes after that he had moued Frederick to vndertake the warres against him was not a little greeued thereat considering also other greeuances and oppressions of Germany Whereupon he began to execute some seuere discipline against certaine dissolute persons of the Clergy at which the Pope grew highly offended hereupon some sharpe letters passed betweene them as before we declared But when the Emperour prepared a iourney into Italy with an Army the Pope fearing the worst made meanes and was reconciled to him A little after when Frederick besieged Crema some Cities of Italy conspiring against him the Pope followed the first opportunity of rebellion and excommunicated the Emperour and cursed him Naucler declareth the motiue that drew the Pope to excommunicate the Emperour Data pecunia immensa Domino Hadriano Papae vt imperatorem excommunicaret A huge summe of money was giuen to Pope Hadrian to excommunicate the Emperour These be the Apostolicall censures and these be the meanes that draw his holinesse to depose Princes Pope Hadrian shortly after at Anagnia walking abroad to take the ayre as he would haue drunke a little water in a spring a flie falling in to his mouth stucke so fast in his throate that no helpe of Ph●…sicke preuailing to remoue her he was choaked therewith and died 111. I may not omit what Iohannes Flasboriensis a Writer in this time obserueth of this Hadrian as from him Naucler reporteth This Iohn affirmeth that he heard Hadrian confesse thus much No man liueth in the world more miserable then the Pope of Rome In this Sea haue I found so many miseries that in respect of this present estate all the bitternesse of my former life seemeth pleasure happinesse This ambition to seek the Papacy euen by shedding our brothers bloud this is to succeed Romulus in Paricide not Peter in feeding By this autentick testimonie of Pope Hadrian a witnesse without exception we see what it is to be a Pope Marcellus the secōd as Onuphrius reporteth in his life gaue the like censure of the Papacy adding thus much That hee saw no meanes how any Pope could be saued These are the testimonies of the Popes themselues who deserue to be beleeued speaking of a matter whereof they had so great experience After the death of Hadrian Alexander the fift being chosen Pope renueth the excommunication against Frederick thundering out great curses vpon him and sent letters abroad to all Princes and people to raise tumults against him The Emperour to pacifie the troubles of Christendome which were growing by the Schisme which then began betweene this Alexander and Victor the fourth entreated the French King in some conuenient place to meete him and to bring Alexander as he would also bring Victor to this
betweene them vpon this condition that Philips daughter should be giuen in marriage to Richard the Popes brothers sonne newly created Earle of Thuscia Spoletum and Marchia Anconitana hoping that these lands and Titles which then his Nephew inioyed onely by the Popes fauour and at his will might by this meanes afterward passe by right of inheritance The Pope seemed to be so earnest for this match that Uspergensis saith it was promised Here is descried one end of the Popes excommunications and absolutions and of raising warres in Christendome that they might by troubling Christendome drawe some aduantages to themselues The Popes motion was scorned of the Princes and the daughter of Philip was giuen in marriage to Otho and Articles agreed on that Philip during his life should gouerne and after him Otho Otho the fourth 116. PHilip the last Emperour being murdered by the practise and hand of the Countie Palatin Wittlespach Germany fell within the power of the Popes vexation more then before Hoc vno Philippo p●…rempto saith Naucler Germania summis insidijs Pontificis Romani agitata vires pene suas omnes in sese experta est truculenter That is This one Prince Philip being dead Germany vexed with the great and most fraudulent deceits of the Pope did feele in a manner all his force and power against it Otho after this comming to Rome Innocentius the third who had set him vp in armes against Philip entertained him with great shew of fauor but this loue was turned shortly into greater hatred For whilst Pope Innocent was somewhat too busie in exacting an Oath of Otho and sti●…red vp or heartned some of the Citizens of Rome against the Germanes the Romanes drew to a tumult and killed one thousand and a hundred Germanes who suspected no harme Otho being much moued at this Romish entertainment first moued that in some peaceable manner mends might be made but perceiuing them to be inraged that they seemed more ready to giue him a new on-set then to offer or to accept peace hee departed out of the Citie and finding by suspitions and presumptions that Pope Innocent had giuen some occasion and heartning to the Citizens in that tumult he resolued to be reuenged vpon the Pope and entred into the lands of S. Peters Patrimony making great wast and desolation where he came Wherefore Pope Innocent excommunicated him and absolued all Prelates Lordes and all the people that were subiect to the Empire from that Oath of Alleageance which they had taken to Otho commanding all men not to call him or account him Emperour nor in any thing to yeelde obedience to him 117. Otho being thus excommunicated and cursed by the Pope proceeded on in the same course denying that the Pope had any power ouer the Emperour or to dispose of the Empire and therefore notwithstanding all that the Pope had done still he did beare himselfe as Emperour And comming into Germany he held a Diet at Norinberge where he opened to the Princes of Germanie the manifold and fraudulent practises of the Pope against him and mine Authour reporteth that there he made this speech Now is the time come O Princes for you to shew your courage and care of the Empire and for the administration thereof for to you onely to you belongeth this right of disposing of the Germane Empire therefore it must be your care to preuent these troubles This we confesse to be in your power and of your right to create an Emperour or to depose him to set him vp or pull him downe and that herein the Pope hath no Iurisdiction when any trouble ariseth in the Empire you haue the power and right to redresse it Now then like true Germanes defend your owne right shew your courage and strength in the maintenance of your Country lawes and of the imperiall dignity either now maintaine your owne right or else you shall loose all for if by your facility you permit the Pope to dispose of the Empire at his pleasure you shall soone finde most assuredly that your power in the choise of an Emperour shall be vtterly ouerthrowne and brought to nothing Thus did Otho then reiect the Popes power but the Pope was too subtill and too strong for him for he set vp Fredericke the son of Henry the sixt against him to whom the Princes of Germany were bound in an auncien●… Oath of Alleageance The memory of which bond did so preiudice Otho that he was forsaken and Frederick was made Emperour Frederick the second 118. FRederick the second purposing to demerit the Popes fauour and to asswage the insatiable thirst of bloud and warres gaue many great and rich gifts to the Pope granted much land and many territories in Italy to the Church of Rome but nothing could asswage the spirit that ruled in the Popes For after all this kindnesse of the Emperour the Pope then Honorius the third gaue fauour and encouragement to two Earles of Thuscia Richard or as Vspergensis calleth him Mathew and Thomas notorious enemies of the Emperour and conuict of Treason against him Whom when Frederick pursued in battell they betooke themselues to the protection of the Pope as their surest refuge The Emperor followed them within the Popes territories he declared also his right to Sicily and Apulia and the auncient Priuiledges which those Kings had alwaies vsed for Inuestitures which priuiledges in his nonage who was left to Innocent the third as to a faithfull Tutor were surprised by the same Innocent taken from his mother Constantia himselfe being yong not able to make resistance As thus Frederick sought to maintaine his right Honorius draweth out this new and strange weapon against him excommunicating and depriuing him raising vp his subiects against him perswading them to shake off their faith Oath Alleageance and all respect of the Emperor The Lumbards he stirred vp in rebellion against the Emperour procuring thereby great preiudice to the Empire saith Naucler and defeating the purpose of the iourney which Frederick intended to the holy land and in the beginning of these furious attempts hee was cutte short by Death 119. Gregory the ninth who succeeded began there where Honorius left And because he sought a pretence for his fury he accused the Emperour for that he had not performed his vowe of that iourney to Ierusalem whereunto he was drawne by Honorius Though this iourney he performed afterward Thus the Pope neither conuicting him no●… conuenting him nor once hearing him thundred out his bolt of excommunication When the Emperours Ambassadours entreated that they might be admitted to rēder reasons of his stay they could not be admitted but the Pope doubled redoubled his excommunication Frederick to mitigate this mon●…trous rage vndertooke the iourney to Ierusalem and performed the seruice with great labour and no lesse glory But now behold the true reach of the Popes excommunications and exhortations to the holy seruice As soone as euer the Emperour was gone to Asia then