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 adâ—…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 Ladâ—…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 Platinâ—… saith daily withdrew himselfe from the body of Christianity meaning from the obedience of the Pope did excommunicate and depose him setting vp Mathiâ—… King of Hungary against him Mathiâ—… 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 negociâ—…te these warres and to raise vp the Hungarians and Germanes against him and so farre preuailed that he eâ—…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 troubleâ—… 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 Nauâ—…rre 154. POpe Iulius the second the scourge of Christendome in his time vsed the like courtesie to Iohâ—… King of Nauarre for when this Vicar of Christ 〈◊〉 raised warres against the French King Iohâ—… King of Nauâ—…rre held as he had reason with the French King being a French-man by birth and hauing the greatest part of his paâ—…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 â—…ighth King of England to send him an Army to helpe him in the warres of Franâ—…e King Henry hauiâ—…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 Ferdiâ—…nd who for his better passage into Fraunce required of Iâ—…hn King oâ—… Nauarre through whose Dominions hee was to passe that he would deliâ—…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 Ferdinaâ—…d referreth the matter to the Pope The Pope Iâ—…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 kingdomâ—… 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 Iulâ—…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 venetâ—… 〈◊〉 excidiuâ—… 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 câ—…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 â—…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 Mâ—…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
IVRISDICTION REGALL EPISCOPALL PAPALL WHEREIN IS DECLARED HOW THE POPE HATH INTRVDED 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 IOHN 18. 36. My kingdome is not of this world if my kingdome were of this world my seruants would surely fight LONDINI Impensis Iohannis Norton 1610. THE CONTENTS OF THE SEVERAL Chapters of this Booke THe state of the question CHAP. I. That Kings in the time of the law of nature had all Ecclesiasticall power both of Order and Iurisdiction II. Externall coactiue Iurisdiction is a right belonging to Soueraigne Princes vnder the law III. Externall coactiue Iurisdiction was not left by Christ to his Church nor practised by the Church all that while that the Church was without Christian Magistrates IIII. Of the estate and Iurisdiction of the Church from the end of the first three hundred yeares vntill the yeare of Christ 600. V. Of the estate and Iurisdiction of the Church from the yeare of Christ 600. vntill the conquest of England VI. How the Papall Iurisdiction was aduanced from the time of the conquest and somewhat before vntill the yeare of Christ 1300. conteyning the meanes of raising that Iurisdiction by forgery Friars Oathes and the parts of the pretended Iurisdiction Inuestitures Exemptions lawes imposed Appellation deposing of Kings and absoluing their subiects from faith and Alleageance VII How this Iurisdiction after it was thus declared by the Popes Clerks was refuted by the learned men of the Church of Rome and repressed by Councels VIII TO THT MOST REVEREND FATHER IN GOD MY VERY GOOD LORD THE Lord Archbishop of CANTERBVRIE his Grace Metropolitan and Primate of al England and one of his Maiesties most Honourable Priuie Counsell IOb the man of God most Reuerend Father in God entring into the meditation of the care labor danger and deliuerance that we find in this present life compareth it for danger to a warfare for care and trauell to the dayes of an hireling which estate as euery member of the Church findeth in this life so the same is much more apparant in the whole Church which for the time of her warfare here as she is so is called militant As this assured and expected warfare from the beginning hath kept the Church in continuall exercise and watch against many and strong aduersaries so toward the end of this warfare that is toward the end of this world the aduersaries growing more skilfull more bòld and desperate then before the warfare must of necessitie bee made more daungerous The greatnesse of which daunger may draw the gouernours of the Church to a more sensible apprehension of their duties who according to the daunger of the Church cannot but vnderstand that their care industry vigilancy and courage must be increased for the preseruation of the peace and good of the Church of God which they gouern so that the malice industrie and desperate attempts of the aduersaries are to them so many prouocations stirring theÌ„ vp more carefully to watch Which care hath singularly appeared in your Grace who as a Generall in this warfare haue giuen no rest to your selfe but by preuenting the purposes of the enemies by espying their secrets by answering their present incounters by incouraging inferiours haue declared your carefull seruice in this warfare setting the battel in order and incouraging euery souldier in his proper standing and place vnder this conduct haue I vndertaken this peece of seruice for the opening the truth of â—…urisdiction of late so much oppugned defaced and confounded by the aduersaries Wherein as I can not promise any worth of my seruice so I shall bee able with a good conscience to challenge the reward of faithfull and sincere dealing The question I confesse requireth a man as skilful in distinguishing this confused masse of Iurisdiction which they now haue cast vpon the Pope as Archimedes was in examining the gouldsmithes fraude who hauing receiued a certaine Weight of gould of Hiero King of Sicily to make a goulden crowne which he would offer to his Gods stoale away much of the gold and put siluer in the place thereof rendring to Hiero his true weight againe To examine this fraud without melting of the crowne was a worke to exercise the great wit of Archimedes himselfe such is this masse of Iurisdiction wherin fraudulent workmen as they who confound gold siluer coper and brasse together haue taken the Iurisdiction of the Church and of kings and mingling both together adding much of their owne drosse thereto haue made it as a deceiptfull crowne to offer to their great God to set it vpon his hâ—…ad To distinguâ—…sh this confused maâ—…se to giue to each his own right was a thing wherin I fouÌ„d the greater difficulty because none of late yeeres hath troden this path before me whose footsteppes might haue directed me For the question of the Supremacy is handled learnedly worthithily by others who though they haue giuen some light to this question of Iurisdiction yet they doe it but in some passages not handling the question fully and purposely but by occasion sometimes falling into some parts thereof Wherefore I thought it would be a necessary seruice to the Church if this thing might be truely brought to knowledge and the fraudulent confusion of tâ—…is crowne of Iurisdiction standing vpon the proud head of the Pope examined distinguished the siluer seuered from the gold and the drosse from both As Iurisdiction lay thus confounded by those false workemen of Rome so at the first triall of it when it was examined by vnskilfull and deceitfull triars who fet the rules of their triall not from the truth but from ambition and adulation they taking vpon them to be triars of truth made things as bad or farre worse by their handling then they were before and so wrapped this question in newe difficulties For when Henrie the eight tooke this title of supreme head of the Church of England though the sounder and more iudicious part of the Church then vnderstood the words of that title so as no offence might iustly rise by it yet they that were suddenly brought from their olde opinion of perie not to the loue of the truth but to the obseruance of the Kings religion retained a grosse and impure sense of those words as most coÌ„monly by such is retained to this day For when Stephen Gardiner Bishop of Winchester was at Ratisbon in Germanie vpon the Kings affaires he there taking occasion to declare the meaning of that title supreme head of the Church giuen to king Henrie the eight taught that the King had such a power that hee might appoint and prescribe new ordinances of the Church euen matters concerning faith and doctrine and abolish old as namely that the King might forbid the marriage of Priests and might take away the vse of the cup in the Sacrament of the
impropriations turning tithes first from their true and auncient vse persecution for preaching the Gospell exemptions the vse of Legends in the Church and reading of fables to the people Symonie flattery pardons indulgences the heresie of an accident without a subiect singular and blind obedience the vse of commutation of penance into money they were instruments of warres and bloodshed they inuented works of supererogation the doctrin that reprobates are members of the Catholike Church to robbe the land of money These are the things in part which are obserued by Wiclife to haue beene first inuented by Friars Now whereas Iohn Wiclife was reputed an hereticke wee finde that this imputation was laid vpon him especially by Friars For he was a professed enemie to them and to their innouations holding with the Church of Rome and maintaining no other doctrine then that which he found publikely maintained and receiued in the world before Friars altered it Still he pleadeth the cause of the Priests against Friars which sheweth that he taught no otherwise then those Priests did teach And albeit the Friars did marueilouslly disorder the Church in his time yet hee witnesseth that the third part of the Clergie of England defended the truth against Friars Then the Friars being set vp to alter the auncient doctrine and Iurisdiction and to induce new did labour herein throughly imploying their best skill and power for the aduancement of the Pope and suppressing of the truth Heerein the Iesuites succeed their forefathes in this inheritance of innouation daily adding some new monsters to those which these old Friars left to their hands 24. The Vniuersitie of Paris hath likewise declared their iudgement against Friars somewhat before this time wherein Wiclife liued They gathered seuen Articles against Friars which because they proue Friars to be the authors introducers of innouation in the Church I will here set them downe First we say that Friars are not to be admitted into our Scholasticall societie except by our consent because the society ought not to be coact but voluntarie Secondly because wee haue found by experience that their fellowship hath beene many wayes hurtfull and dangerous to vs. Thirdly seeing they are of a diuerse profession from ours for they are regulars and wee schollers we ought not to be ioined or mingled together in one scholasticall office For the Spanish Councell saith Thou shalt not plow with an Oxe an Asse thatis thou shalt not associate men of diuers professions together in one office for how can they agree together whose studies vowes and purposes are diuers Fourthly because they raise dissentions offences but the Apostle saith we beseech you brethren that you obserue them that is that you discerne such as make dissentions for the doctrine which you haue learned of the Apostles and eschewe them for they serue not the Lord but their belly Gloss. for they flatter some they backbite others that they may fill their bellies and by glosing words and their benedictions they beguile the hearts of the simple Fiftly because we feare least they bee such as enter into houses because they thrust themselues into euery mans house they search and sift the consciences of men seduce such as they find like women ready to be seduced And whō they haue once seduced them they draw from the Councels of their owne Prelates to their Councels for they bind them by oath to their Councels such the Apostle commaundeth to eschew Sixtly because we feare they are false Prophets for they are not Bishops nor Parish-priests nor their Vicars nor by them inuited yet they preach being not sent against the Apostle saying Rom. 10. How shall they preach except they be sent For they worke no miracles thereby to witnesse that they may preach the Church then ought to auoid such men being so dangerous Seuenthly because they are curious and hauing no lawfull calling in the Church they busie themselues with other mens businesse thrust themselues into other mens callings and yet they are neither Apostles nor their successours that is Bishops neither are they of the seuenty and two Disciples of the Lord neither their helpers or Vicars as before is said Now the Apostle commaundeth vs to eschewe such as will liue so saying 2. Thess. vlt. We declare brethren to you in the name of the Lord Iesus Christ that you withdraw your selues from euery brother that walketh inordinately and not according to that tradition which they haue receiued of vs c. 25. Thus haue we set downe the sincere iudgement of that Vniuersitie before it was corrupted and infected with Friars They haue prooued that Friars haue no lawfull calling in the Church to preach or administer the Sacraments because they haue no institution of Christ or his Apostles And howsoeuer since those times the iudgement of that Vniuersitie was chaunged after they had once receiued these serpents into their bosomes yet the reasons which they haue brought against Friars are vnchaungeably true and will alwayes prooue that which then they prooued that neither the old Friars nor the new Iesuits haue any lawfull calling in the Church As thus they haue beene the bane of the Church in chaunging the old bounds so they haue beene the ruine of Princes and the cause of great warres and bloodshed yea of all the persecutions that haue bene since For before that time that the orders of Friars were brought foorth by a new and monstrous birth in the Church there was no bloodshed nor persecution offered by the Pope nor the Church of Rome for matters of Religion Berengarius was forced to a Recantation before but no blood was shed But after that Dominicke had instituted the order of the Iacobites or preaching Friars and Francis the order of the Minorites professed beggars then began great bloodshed and persecution to be practised vpon men that did not allow the Popes Iurisdiction in blood was it first founded and so it hath beene euer since maintained 26. The first persecution began against them that were called Albingenses whose opinions are made hainous by some that write affectionately since that time but by the writers of that time there appeareth no other thing wherewith they were charged but onely that they withstood the Popes pride and Iurisdiction for which they were persecuted The Earle of Tholouse who fauoured them was depriued of his Earledome his landes were giuen to Simon Monford the forces of the French and the Pope were raised against him when they were not able to vanquish him by force by fraud and falshood of the Friars and Popish Bishops they ouerthrew him In this ouerthrow of the Earle the industry and valour of Dominicke is much celebrated by the stories of this time Insomuch as the whole praise is attributed to him of him Platina witnesseth thus much Quos Albingenses Dominicus mira celeritate compescuit adiuuante etiā Simone Monteforti non enim disputationibus verum armis opus fuit adeo
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 sicâ—…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 alâ—…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
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
maintained the lawes and customes of his father against the Pope and Henry the first the lawes and customes of his brother and father and Henry the second the lawes and customes of the Kingdome vsed by his Grandfather Henry the first or any other afterward referring themselues to the same lawes the lawes and customes of which they speake are the auncient lawes and priuiledges of this land confirmed by the Conquerour receiued from King Edward proceeding from King Edgar and before him from King Alphred And are therefore of much greater antiquity then the Popish Religion lately concluded in the Councell of Trent as many parts of that Religion were Then it appeareth that the auncient lawes of this land did forbid an appeale to Rome neither is that to be much maruelled for why should it be thought strange that an appeale to Rome was vtterly forbidden by the Church and State of England feeing long before that time we finde the same thing forbidden by the Church of Africa After this time wherein Appeales to Rome were forbidden in England we finde that in Fraunce the same thing was prohibited by the law which the French call the pragmaticall Sanction for in the yeare one thousand two hundred threescore and eight Lewes the ninth French King called S. Lewes ordeined the pragmatical Sanction wherein all the oppressions of the Church of Rome are vtterly forbidden that none of those things be practised in Fraunce vnlesse it be by the expresse and free consent of the King and Church of that Kingdome Thus haue Kings alwaies prescribed against the Pope in matters of Iurisdiction as the Church in like sort hath prescribed against the Pope in matters of faith and Religion as hereafter in the last Chapter shall be declared §. VIII Of deposing and depriuing Kings and dissoluing the Oath of Alleageance wherein consisted the highest pitch of this pretended Iurisdiction 96. THE last and greatest point of this Iurisdiction wherein the strings of this authority were stretched vp to the highest was that their practise of Deposing Kings and discharging Subiects from their Alleageance By which practise the Church was confounded the States of the world ouerturned Kings robbed of their right subiects of their faith and truth euery nation scourged with warres and blood-shed and in the common vexation of all Christendome onely the Popes state and worldly glory increased who could not otherwise rise but with the ruine of the Church and States In this place therefore I will as breefely as I can passe through by way of short History the practise of the Popes in deposing of Kings That it may be apparant to the world that we are so farre from being afraid to confesse this power which they so much boast of that we are rather readie to publish it to the world For hereby all men which haue any vnderstanding of that power which Iesus Christ left to his Church may know the Tyrannie vsurpation pride vaine-glory ambition and madnesse of him who exalteth himselfe in the Church against God and against them that are called Gods Wherein we may learne to be armed with patience to suffer for a time whatsoeuer the lust of proud and bloud-sucking Popes haue leaue to do for the sinnes of our Princes and people and Churches For their time is set and drawing to an end and nothing hath beene done but that which is fore-warned in the Scripture So that by these ambitious and bloudy practises wee shall finde how the Scriptures are fulfilled 97. For one Scripture saith that a starre must fall from heauen who must be a King of the Locusts which is called also the Angell of the bottomlesse pit whose name in Hebrew is Abaddon and in Greeke Apollyon that is a destroyer Which Prophesie of his destroying power is verified most apparantly in this practise of excommunicating Kings and loosing the knot of obedience Whereby confusion and destruction is brought vpon all Kingdomes of Christendome Hereby he is proued to be a destroyer an exterminator an excommunicator Therefore the vulgar translation addeth significantly Latine habens nomen exterminans Another Scripture saith The tenne Kings shall giue their power and authority to the beast Though the Kings of Christendome did neuer directly yeeld to the Pope this authority ouer their owne Kingdomes and ouer themselues that the Popes might depose and displace them at his pleasure yet this they gaue him in effect and by consequence For they gaue him so much that he might vpon their owne graunt challenge this and they who had graunted him so much had no reason to except against his challenge For though the King which was to be depriued denied the Pope this power yet such Princes did yeeld it to him to whom the Pope had giuen the Kingdom of the deposed Prince he did yeeld it who should vse the benefit of the Popes vsurped power For example though the late Kings of France haue alwaies denied that the Pope had any Authority to depose the French Kings yet the Kings of France haue giuen him this power For the former Kings yeelded it as Pipin and Charles For they had no other title to the Kingdome then from this power of the Pope Therefore they yeelded that the Pope had power and authority to giue Kingdomes and in that sense gaue their power and authority to the beast So that when these first French Kings honoured the Pope with this vndue honour though then they seemed to receiue Kingdomes from him yet the Scripture looketh farther into these practises then they did which practised them For they respected onely themselues their owne present greatnesse but in receiuing such power from the Popes they gaue in trueth their power and authority to the Popes For how could they in iustice denie but that the same power which deposed other Kings to raise them might as well haue deposed them to raise other Thus most of the Kings of Christendome gaue their kingdomes to the Popes That this new and strange power of Antichrist may better appeare I will open the beginning and continuance of the Popes practise herein Leo Iconomachus 98. THe first Prince vpon whom the Pope began this practise was Leo the Emperour whom Platina calleth Leo the third he was called Iconomachus for defacing of Images This Prince was deposed by Gregory the third who was Pope in the yeare seuen hundred ninety sixe Pope Gregory the second prepared the way thus When Leo the Emperour being much offended at the superstitious and foule abuse of Images which he saw daily then growing in the Church did vtterly deface Images in Churches and commaunded Pope Gregory the second then Bishop of Rome to doe the like the Pope tooke his aduise in such indignation that he raised all Italy in rebellion against him So the Emperour lost his holde in Italy and a number of little States were raised in Italy euery City striuing to make it selfe a free State Gregory the second hauing done thus much died and left the
they whom he had banished from Parma were returned thither by the Popes practise and taking the Towne by force had giuen a great ouerthrow to the other Citizens fearing least this example might draw other Cities to the like reuolt he gaue ouer the iourney to Lions and wrote Letters to the French King and all Prelates refuting the Popes friuolous obiections declaring the iustice of his cause and his innocency Innocentius regarding neither iustice nor innocency pursued him by violence malice open warres secret conspiracies seeking all meanes that his vnholy head could inuent to take away the life of Fredericke As he was taking his recreation in hauking at Grossetum by the Sea shore neare to Sien the Pope drew his owne seruants to a conspiracy the conspiracy was detected and the traytors had the reward of their treason Innocentius who could not rest till he had done some Pontificall exploit against the life of this Prince stirred vp the Princes of Germany to thrust downe Fredericke and to set vp another first was set vp Henry Lantgraue of Thuringia this man besieging Vâ—…mes was wounded by the shot of an Arrow and shortly after resigned both his life and the Empire After this was William Earle of Holland set vp this man was slaine in the warres which he had gaged against the Frisians neither of these saith Naucler were numbred among the Emperours At last after so many secret traps laid for the life of this Prince behold the end of the Popes malice where strength faileth the Emperour was destroyed by poison King Iohn of England 124. THe King of England sped no better then others for by this vnbridled power of vsurped Iurisdiction King Iohn with the whole Kingdome was brought into great trouble and perplexity these troubles grew vpon a quarrell of Election betweene the Monkes of Canterbury and the Suffraganes in the seuenth yeare of King Iohn for after the death of Hubert Archbishoppe of Canterbury the Monkes without the knowledge of the King or respect of the Suffraganes chose Reynold the Subpriour of the house to be Archbishoppe who secretly went to Rome to haue this his election confirmed by the Pope but stay was made at Rome because he shewed not Letters commendatory from the King The Monkes perceiuing that without those letters commendatory they could not proceede made request to the King that they might chuse another whom the King might commend this the King liked well and commended Iohn Gray the Bishoppe of Norwich being his Chaplaine and President of his Counsell as Hollinshed saith but Mat. Paris whom he cyteth hath not so much The Monkes gladly obeyed the Kings request and madâ—… choise of this man but the Pope refusing both thrust vpon them Stephen Langton commanding and compelling so many of those Monkes of that Couent as were then at Rome to chuse him the King was herewith much moued because Stephen Langton was brought vp vnder the French King and bound to him betweene whom and King Iohn there was at that time much warre and dissention wherefore the King banished the Monkes that had chosen Stephen and wrote to the Pope that he had no reason to admit Stephen to such a place in his Kingdome a man promoted by the French King and at his commaund This contention continuing the Pope sent to the Bishoppes of England commaunding them to put the King and his land vnder the sentence of interdiction denouncing him and his land accursed The Bishoppes to whom the Pope wrote being by this time become the Popes subiects and sâ—…ruants and not the Kings which is the end which the Pope seeketh by his Iurisdiction denounced the interdiction and then fledde to Rome King Iohn seeing many fall from his obedience to the obedience of the Pope drewe his people to an Oath of Alleageance After this came Paâ—…dulph Legat from the Pope who after that he had beene here a while was commaunded by the Pope to repaire to the French King there with Stephen Langton to take Councell and to stirre vp the French to make warres vpon King Iohn Thus King Iohn was depriuâ—…d of his Gouernement his subiects absolued from their Alleageance by which practise many reuolted from him so that he was left weake and when the Popâ—… had thus weakned him then he set vp the French King in armes against him The issue was this The King circumuented by these practises of the Pope and oppressed being also bereaued of all helpe was forced to deliuer his Crowne to Pandulph and receiued it from him againe as from the Popes hands And thus was Stephen Langton made Archbishoppe this was done in the fifteenth yeare of King Iohn An. Dom. 1213. The Earle of Tholous 125. WHen Frederick the second liued so persecuted by the Pope as we haue declared a new and strange generation rose vp of a suddaine neuer seene in the world before starting vp like those armed Souldiers which the Poets faine to haue sprung vp suddenly of the Serpents teeth being sowed by Cadmus Such a serpentine generation of Friars were newly hatched at this time the first founders of them were Francis and Doâ—…inick For the Popes hauing a purpose to raise themselues aboue the Church and aboue Kings and Emperours as both by their profession and claime in the Canon Law and by their practise was apparant and for this purpose thundring out their excommunications vpon euery occasion practising this power in deposing Princes found themselues much crossed in these courses by Bishops and especially by the Bishops of Germany who stood out for a long time faithfull in the Church and couragious against the Popes tyranny Auentiâ—…us giueth many testimonies of the courage of the German Bishops as else-where also we haue obserued of the English Bishops for he writing of the times of Frederick the second the Bishops then saith he were not as now they are addict to the seruice of the Pope giuen to idlenesse and pleasure but learned industrious louing Christ and declaring their loue by feeding their flockes diligently These were not for the Popes purpose For in diuers Synodes they censured the Popes folly and ambition freely and withstood his tyrannie Then was the Church so gouerned by Bishops all matters so iudged and determined that the Pope might aduise but hee could not by authority attempt any thing in the Prouince of any Bishop thinges being guided by truth law the iudgement of the wisest and best learned in the Prouince and by the Councel and common consent of the Clergy of that Prouince Who had reason to know the estate of their Church and Prouince better then the Pope or any stranger could doe This godly order in the Church the Pope had a purpose to confound to oppâ—…esse the Bishops authority and to draw all power to himselfe Hoc iâ—…stitutum to vse the words of Aueâ—…tinus tollere antiquare Episcoporum autoruatem Labefactare ad vnius cuâ—…cta potestatem redigere complacitum est 126. This being the purpose of Popes
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 â—…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 Iohâ—… 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 Benedâ—…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 EcclesiaÌ„ 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 reformationeÌ„ 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 sâ—…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