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A02862 A reporte of a discourse concerning supreme power in affaires of religion Manifesting that this power is a right of regalitie, inseparably annexed to the soueraigntie of euery state: and that it is a thing both extreamely dangerous, and contrarie to the vse of all auncient empires and commonwealths, to acknowledge the same in a forraine prince. Hayward, John, Sir, 1564?-1627. 1606 (1606) STC 13001; ESTC S116592 39,799 62

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that they must seeke the Pope for receiuing the Imperiall crowne whereforuer he shall be and follow him if he chance to remoue with diuers like tokens and testimonies of de●ection of the Maiesty of that State and subiection thereof to the Sea of Rome For further declaration whereof during the life of the Emperour the Popes challenge to be his Iudge and the Emperiall feate being void they claime the exercise of Imperiall power and haue giuen inuestitures and receiued fealtie of those who held of the Empire as of Iohn and Luchi● Vicounts of Milane For which cause the Canonists also who set vp these strings to the highest strame doe maintaine opinion that the Emperour cannot resigne his Imperiall dignitie to any other then the Pope and that it is a streine of heresie not to beleeue that the Emperor is subiect to the Pope and that the Emperour is but the Popes Minister to vse his sword only at his becke Lastlie Pope Clement the fifth expressely declared by decree that the oath which the Emperour maketh to the Pope is no other then an oath of fealtie Neither hath it been against the Empire only that the Popes haue had this power to preuaile but against diuers other Christian countries in so much as they haue claimed to hold either as feudataries or as trubutaties to their Sea the kingdomes of Naples Sicilie Hierusalem Sardinia Corsica Arragon Portugale Nauarre Ireland England Scotland Poland Hungarie to which Cuiacius adioyneth the kingdome of France which Pope Boniface the eight declared to be deuolued to the Church for the contempt and disobedience of King Philip the faire And Pope Alexander the sixt in diuiding the late discouered parts of the world betweene the Kings of Castile and Portugale expressely reserued to his Sea the Iurisdiction and soueraignety of them by consent of both Kings who from that time became his vassals of all the purchases and conquests which before they had atchieued or intended to enterprise in times to ensue Generally they do challenge temporall soueraigntie in all countries habitually at the least which at pleasure they may produce into act whereby the subiects of any State may haue recourse vnto them to some complaint or suite against their Prince to be relieued or protected by them and to receiue priuiledges and immunities at their hands Whereby also they may iudge the actions of Princes and vpon such cause as they shal thinke meet punish excommunicate de priue them denounce publike warre against them free their subiects from subiection vnto them As Pope Pius the first not only absolued the subiects of England from their alleagance to the late Queene Elizabeth but commanded them also to turn● traytours and take armes against her After which Bull few yeeres passed without some notable attempt either against her person or against the State It would be very redious to giue but a light touch to all the desperate distresses that hereupon haue bin occasioned in diuers foraine countries which out of their Annal may be furnished with ease And the sequell now sheweth that the chiefe encrease and establishment of the Turkish Empire hath proceeded from the outragious warres which by this meanes haue been occasioned among the Christians which made Europe on all sides to bath her limmes in the blood of her children Against our owne State we cannot be ignorant what heretofore hath bin acted especially vnder the raigne of King Iohn What hath been lately what freshly what is daily attempted it cannot possiblie escape the memorie of those that liue in this present age and for helpe of those who are to succeed report there of shall be made at large in a historie Intended for the times lately passed and now presently running The accumulating of these examples in this place would be a matter of some labour for cleering that which hath litle doubt Thus much in substance but somwhat more briefly deliuered it seemed that there was not any man in that presence who either in replie or in supplie had not somewhat to say That only was a hinderāce to the discharging of their minds which is pleasantly said to haue dissolued the Parliament of women because they could not agree to speake one at once Many shewed themselues so impatient of silence and they who vpon aduisement could haue said least were vpon the suddaine most franke and forward in words At the last that which was the cause that no man could haue free libertie of speech did driue them all into a dumbe dumpe which opportunity was forthwith apprehended by a thick Theologian whose formall attire countenance and cariage was a good supplie to other defects And so hauing composed himselfe to al complements of grauitie and grace he began his speech after the set and solemne manner of those disputers who contenting themselues with commendation of memorie doe more diligently endeuour to repeate then to reply You haue declared vnto vs said he that the proper qualities of the rights of Maiestie are to be both perpetuall and also absolute as neither depending vpon any other nor yet held either vpon charge or with exception and restraint That these rights cōsist in managing affaires of highest nature which cannot be separated from the soueraigne power because vpon the guiding of them all the fortunes of a State do follow That nothing is of so high nature in a State as is religion and that therefore the ordering thereof is annexed as a right of Maiestie to the soueraigne power whether it be setled in a King or in the Nobilitie or in the people● For seeing religion commandeth the conscience and holdeth the soule in subiection if supremac●● therin be acknowledged to be in a forren Prince the sinewes of domesticall soueraigntie are cut in s●nder You haue brought certaine examples of dangerous consequence when either strangers or subiects haue bin followed for religion You shewed y● for auoiding the like dangers two policies were anciently obserued one consisted in excluding external ceremonies rites the other in setling the gouernment for matters in religion in the supreame power and authority in the State That this last was practised among the Iewes Aegyptians in diuers other countries In the foure great Monarchies also of Assyria of Persia of Graecia and of Rome Of Rome you say first vnder the gouernment of Kings secondly in the popular state thirdly vnder Heathen Emperours and lastly for a good space vnder Christian Emperors who in matters of circumstance and of external forme in religion both vsed and were acknowledged to haue supreame authoritie of whose lawes diuers were afterwards either assumed by Popes or attributed vnto them Concerning matters of substance and of internall forme they assembled generall Councels wherein they held the Primacie and confirmed the acts of them by Imperiall decree You declared also that when Constantinople was aduanced to be the head of the Empire a stiffe strife did arise