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A04528 The Catholique iudge: or A moderator of the Catholique moderator Where in forme or manner of a plea or suite at law, the differences betweene those of the Reformed Church, and them of the Romish Church are decided; and without partialitie is shewed which is the true religion and catholique Church, for the instruction of either partie. Together with eight strong arguments or reasons, why the Popes cannot be competent iudges in these controversies. Written in the Dutch and French tongue, by Iohn of the Crosse, a Catholique gentleman. Translated out of French into English, by the right worshipfull and learned Knight Sir A.A. John of the Crosse, a Catholique gentleman.; A. A., Sir. 1623 (1623) STC 14651; ESTC S107831 50,836 96

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lib. 2. de Const pag. 138. Henry the fift Adrian the fourth and Alexander excommunicated Fredericke the first Innocent the third Philip the sonne of Fredericke Gregorie the ninth Fredericke the second and that three sundrie times to be briefe Innocent the fourth Conradus the fourth And all this was done for the most part because they would not in all things performe the will of the Popes And euen still at this present the greatest part of kings and Realmes Princes and Potentates of Christendome are in subiection to the Pope as his vassales and homagers Perfidiousnesse the sixt reason of refusall In the sixt place Persidiousnes the sixt reason of refusall the Reformed accuse the Popes of perfidiousnesse or faithlesnesse and sedition shewing by auncient Histories worthy of credit that the Popes haue euer tended to this end and purpose so soone as they vnderstand that any difference and dissention was raised or set on foote betweene kings and great Potentates to entertaine and nourish the same debate and dissention by their Emissaries and Messengers but yet according or compounding with the one or the other partie that if so be either of the two could vsurpe or obtaine that kingdome of his aduersarie that then he should make some acknowledgment to the Romane see for so good and happie successe And so soone as the sayd accord and secret conspiracie past was consented vnto the aduerse partie was forth-with excommunicated by the Popes as an heretike his realme exposed as a prey to whomsoeuer would invade or conquer it first by puting in for it The which the reformed shew by expresse examples for touching the first although the king of France Lewis the 12. deliuered to the Pope Iulius two certaine Cities so it is that the Pope not therewith contented did cast him out of his protection and exposed his realme to devastation or spoile Arnobius Benn Iuil Bul. masse lib. 5. And whereas the same Pope Iulius for diuers wicked and scandalous facts which are hereafter recited was suspended from his papall authoritie by the Counsel of Pisa albeit the sayd Counsell was disturbed by the sayd Pope and transported to Lions he was enraged with such choller that he was resolued to leauie an armie and to enter into France and when al things were in readinesse and himselfe mounted on horse-backe he caused the souldiers to passe through the Citie of Rome The Pope casts S. Peters Keyes into Tiber and drawes S. Pauls sword beyond the riuer Tiber and pronounced alowde and plainely these wordes in presence of many thousands of people Goe to since the keyes of S. Peter are no more availeable let vs vnsheath the rustie sword of S. Paul and therewithall casting Saint Peters keies into Tiber he drew his sword threatning with a grim and frowning countenance and gnashing his teeth to ruinate and vtterly destroy the Frenchmen The ensample of Philip Augustus is also like to the former for the said king Philip hauing conquered from the English a great part of his kingdome Pope Innocent the third first sent two Legats into France to trouble the state and to stirre vp tumults and seditions and afterwards had so incited incensed Otho the third and Ferdinand Earle of Flanders against the French that they had at that time lost their kingdom if the two Princes afore-said had not by their constancie hindered and withstood the wicked imaginations plotts of the Pope But what is this say the reformed to produce such ancient Histories considering that modern examples are yet fresh in euery mans memorie The yeere 1585. Pope Sixtus the fift thundered lightened with his excommunication against Henry of Burbone king of France of Nauarre Brut. fulmen Six 5. in regi Gall. Nauar. And against Henry of Burbone Prince of Condy likewise against all their race and posteritie and hauing excommunicated them as heretikes did therewithall giue in pray all their countries and Cities And that also which afterwards fell out is sufficiently knowne to all which is that the same Pope Sixtus the yere 1588. solemnly proclaimed the kingdome of England to be hereticall and gaue the same to Philip king of Spaine If we will also behold and consider the perfidiousnes or faithlesnesse and spirituall and Ecclesiasticall disloyaltie of Popes we shal find in ancient Histories that the Popes of Rome haue in all times contended among themselues for the papall Chaire or dignitie For Iohn the twentie foure being come to Bolonia as Legate with many Souldiers The Ecclesiasticall perfidiousnes of Popes much threatned all the Cardinals if they chuse a Pope that were not to his liking diuers being named and propounded to none of which he would giue his consent at length hee was required that himselfe would signifie whom he would haue to be chosen Then hee sayd giue me this vestment or attire of S. Peter Popes chuse themselues Stella venetus and I will deliuer it to him that shall be Pope which being done he put it vpon himselfe and said I am the Pope And albeit this act greatly displeased all the other Cardinalls they were notwithstanding forced against their willes to yeeld consent In like manner Iohn the twentie two chose himselfe to be Pope when the election was referred to him The Reformed Christians say moreouer that they can proue that the same time there haue been Foure three and two Popes at the same time gouerning sometimes foure sometimes three sometimes two Popes For Victor Alexander the third Calixtus the third and Paschall had altogether at once the papall authoritie In the time of the Emperour Fredericke Barbarossa and Benedict the eight Siluester the second and Gregorie the fift were Popes all at a time vntill at the length Henry the third Emperour deposed them Likewise Gregorie the twelfth Benedict the thirteenth and Alexander did by excommunications arrogate or obtaine the papall authoritie all of them thundering their thunder-boults the same time Moreouer diuers of them haue challenged the triple Crowne and for the same haue made warre one against the other Stephen the third against Constantine Sergius the third against Christopher Vrbane the fift against Clement the seventh Eugenius the fourth against Clement the eight And diuerse other Popes the mentioning of which would be too tedious and troublesome haue done the like as is verified by their owne Historiographers Let euery man iudge then say the Reformed if these actes aboue mentioned may not rightly bee called perfidiousnesse and sedition Antichristianisme the seventh cause of refusall In the seventh place The seventh reason the Popes cannot bee competent and sufficient Iudges in the controversie of Religion for that as the Reformed maintaine the Popes themselves were that Antichrist which the holy Scripture testifieth to be the wicked one the same childe of perdition 2 Thes 2. Apoc. 17. 1 Cor. 1.6 2 Cor. 6. Ephes 2. 1 Tim. 4. that opposeth and lifteth vp himselfe against all which is
to them from the Apostles Although it is most cleere and evident by ancient Histories that they haue for most part been instituted long after by the Popes thēselues For Pope Innocent did forbid the giving of the Cup in the Lords Supper to Lay-people When and by what Popes the traditions of the Church of Rome haue been instituted following the decree of the Laterane Councell Also hee ordained that the consecrated bread should be received only vpon Easter-day which bread is more properly called the Eucharist or bread of thankesgiuing Eugenius the fourth Decreed the contrary in the Councell of Basill Innocent and Honorius instituted that the consecrated bread should be reserved and kept for diverse and sundry purposes in Churches with great veneration and reverence Contrariwise Pope Clement would not suffer the sayd bread to be kept and reserved till the next day Vitilian the second and Agatho or Agathus the first did decree that the Masse should be administred in Latine And Nicholas the first on the other side gaue leaue to the Sclavonians and Polonians to administer and sing the Masse in their owne language Alexander the second commanded not to heare the Masse which was sung by a Priest that had a Concubine on the contrary side Lucius the third permitted it Siricius Pelagius the second some other Popes haue condemned the mariage of Priests And opposite to that Pius the second hath left in writing this sentence That marriage was debarred vnto Priests for a pregnant and weighty cause But that it must be allowed vnto them againe for a reason more vrgent and peremptory Leo the first Gregory the second and third and diverse other Popes haue approoued of the worshipping of Images Contrariwise Iohn the 23. greatly detested Images in the Church Boniface the fourth gaue power and authoritie to Cordiliers to preach to Baptize and to giue absolution Contrarie wherevnto Gregorie depriued them of that power Iohn the 24. Con. 16. qua 8. adijcing held for a sound article of faith that the Apostlos neuer made vowe of pouertie and of continencie Pius the second said that begging Monkes were the slaues of the Diuells adding these verses Non audet stigius daemon tentare quod audet Effraevis Monachus plenaque fraudi anus that is to say The verie Diuell Dares not vndergoe What lawlesse Monke and craftie hugge wil doe Pelagius the first ordained that Clerkes should daily read houres which they cal of seuen houres long Gregorie the first commanded them to performe their seruice not by singing but by teaching and preaching publickely Calixtus saith that it is not lawfull to beleeue otherwise then the Church of Rome doth Pope Iulian contradicted it Boniface commanded to celebrate the Iubilie euerie hundereth yeere whereas Clement the sixt hath reduced shortened it to the fifti●h yeere Boniface the ninth to the three and thirtieth And Sixtus the fourh to the 25. and Hadrian and Leo the third gaue authoritie to the Emperour Charles to chose the Popes But Stephen the fourth and Hadrian the fourth and Sergius the second haue ascribed the sayd authoritie to the Ecclesiasticall persons to the Magistrate and to the people of Rome And Alexander the second did only permit it to the Cardinalls Finally the Whore Matilda chose to bee Popes Victor the third and Vrbane the second As also the Harlet Theodora elected Iohn the eleuenth Ficinensis lib. 1. cap. 3. Popes lay-men ignorant or vnlearned the Strumpet Marozia Sergius the third Antheras ordained that none should be chosen Pope who had not first beene Bishop Contrariwise to which decree Constantine the second and Benedict the eight were Lay persons Benedict the ninth and Iohn the second were altogether ignorant and vnlearned Can. omnibus vtriusque Gregorie the first did forbid to eate flesh milke Cheese Butter Egges on fasting dayes Eleutherius ordained contrarily that no meate should superstitiously bee refused Innocent the third brought in Auricular confession Nectarius Patriarch of Constantinople on the other-side did abrogate it because that vnder coulour of confession an Adulterie was committed Honorius the third instituted the eliuation De conse dist 1. can vata dist 96. can vbi nom lifting vp of the bread in the Masse Gregorie the ninth that a little bell should be rung at the same Instant And Innocent the fourth that at the very instant men should fall on their knees Zephirin brought in Challices of glasse instead of wodden ones And Vrban Chalices or Cuppes of gold instead of glasse Nicholas the first excluded from the Counsell Emp. as being lay persons One the other-side Marcellus Damasus and Iulius permitted them to assist and be present at Councels Plat devitis Pontifi Stephen abolished openly the decrees of Constantine the second Stephen the sixt likewise reiected the decrees of Formosus Romanus the first disanulled the decrees of Stephen the sixt and Theodorus those of Romanus and Damasus those of Liberius and Paul the second those of Pius the second Behold say the Reformed the Traditions Alphon. con haeres lib. 1. cap. 4. Here. Marcel Eckine Iohan Gerson decrees and Canons which the Papists would attribute to the Apostles Behold the Christian Religion which the Popes of Rome boast to haue preserued and continued so sincere and pure without saying any thing of the most manifest heresies of the Popes that is to say that Pope Honorius was a Monothelite that Liberius was an Arrian that Marcellinus sacrificed to the Idols of the Pagans that Anastatius was a Photrinian and Iohn the 22. held opinion that soules perished and died before the day of Iudgement Sacriledge the fourth cause of refusall The fourth cause and reason why the Reformed Christians will not consent to receiue the Popes for their Iudges is their Simonie The fourth reason For it is verie cleare and manifest that the Popes gather together more gold and siluer by Annates first fruites or vacanties by presentations resignations in fauour recommendations dispensations for age and regularity of bodily infirmities by graces or fauours expectatiue reuolutions benefices vacant exemptions of visitations creations of notar●●s and protonotaries Apostolike for non obstantes for Indulgences to sculer Priests for reuocations for tolleration and suffering of Concubines and for diuers such like chaffers then all the Romane Monarches euer could collect or rayse from all the quarters of the world during the time that the Romane Monarchie was in most flourishing estate There is extant at this day a complaint in writing of the Kingdome of France The complaint of the Kingdome of France touching the Popes Simonie that the Popes had wont yeerely to draw out of the Realme only about eight and twentie tunnes of gold Diuers other such like complaints of kings may be readily found out yea of Clerkes themselues and of other great Ecclesiasticall persons all which accuse verie greatly the Simonie of Popes And how true all it afore-said is it manifestly appeareth by the
onely example of Iohn the 22. The excessiue treasure of Iohn the 22. who left after his death in his owne treasurie about the summe of two hundereth and fifteth tunnes of gold As Francis Petrarch an author worthie of credit doth plainly testifie Boniface the seuenth seeing he could stay no longer at Rome in safetie by stealth conueyed away out of the Chest or Shrine of Saint Peter the most precious Iewels kept therein fled to Constantinople Clement the eight and diuers other Popes haue beene often conuinced by their owne fellowes of such like sacriledges Gregorie the ninth sold to the Emperour his absolution for an hundered thousand ounces of gold Benedict the twelfth being possessed with feare sold to Gregory the sixt the Popedome for fiue and twenty hundred pounds of silver The simonie of Alexander the sixt is also sufficiently knowne by his Epitaph which is yet fresh in memory Vendit Alexander Coelos Altaria Christum Emerat ille prius vendere iure potest That is to say Heaven Altars Christ did Alexander sell He bought them first sell them he might as well Furthermore how Leo the tenth caused to be sold by Tetzalias and diverse other Popes by their Emissaries or Legats their Indulgences Buls pardons is better knowne throughout all Christendom then is wel-pleasing to the Popes Treason the fift cause of refusall The fift cause wherefore the Popes cannot be good Iudges in the differences say the Reformed is the crime of high treason or conspiracy The fift reason for they proue by true Histories that in all times they held the Emperours Kings Extrava de maior obed Can. 1. extra Mat. cons Extra de ma. obed and Princes of all Europe not onely for their vassals and liege-men or homagers but also for their vile slaues and base servants Pope Adrian alighting from his horse as the Emperour Fredericke Barbarossa The Emperor horse-keeper to the Pope with great reverence approached to the right side of his horse to hold his stirrop the Pope was offended at the fault committed by the Emperour Hol. chron 5. Cal. cap. 8. Nau. lib. 1. Gen. 79. Ram. in vit Pontif. reproving him somewhat sharply whereupon the Emperour still full of devotion answered in excuse that it so fell out with him because hee was not accustomed to hold stirrops and that it was the first time he ever exercised such an office And the Popes choller being the more stirred by such an excuse the Emperour said vnto him I would faine know whether this my service proceed from good-will or from dutie If it come from good will who will taxe for any negligence him that is officious and ready to do service And if it proceede not of dutie it imports not much on which side he holds the stirrop who came but to show and performe courtesie and seruice The next day the Emperour met the Pope and being become more circumspect by the foresaid reprehension held the left stirrop so conducting and guiding the Pope towards his armie Behold surely an exceeding contempt and disgrace of superiour authority Nau Ga. 39. Bern. d●pen Funct in cron And yet the Reformed affirme that they can produce a greater despitefulnes and indignitie that is to say of Alexander who became Pope after Adrian aforesaid For hee having excommunicated the said Emperour Fredericke Barbarossa when he requested to bee absolved of his excommunication the Pope assigned him a certaine day vpon which hee should appeare in the great Church of Venice whither being come into the presence of this Pope and of many Cardinalls and Bishops hee would not giue him his absolution vnlesse first he prostrated and cast himselfe downe at his feete entreating pardon of him The which the Emperour doing the Pope lifted vp his foot and put it on his neck causing at the instant his Prelats to sing that verse of the 91. Psalme Platin● Thou shalt walke vpon the Lion and Aspe the young Lion and the Dragon shalt thou tread vnder thy feete Wherewith the Emperour being much displeased answered hereunto Not vnto thee but to Saint Peter but the Pope treading the second time on the Emperours necke replyed both to mee and to Saint Peter And the History of Philip the faire King of France agreeth very well with the former For whereas the sayd King was by Boniface the eight banished or accursed as an Heretique and Enthusiast The King notwithstanding surceased not to proceed in his resolution And after hee had convinced the said Pope by evident testimonies of diverse grievous faults and offences hee caused him to be imprisoned in Rome And as this Pope entred like a Fox and raigned as a Lion in the end hee died like a dogge In the yeere 1300. a great number of people of all Nations being assembled in Rome to celebrate the Iubilie the same Boniface shewed himselfe to the people the first day adorned with pontificall vestments and attyre The Pope beares the two swords Abbas Vesp in P●●a Annal. Gal. M●● in Euseb cap. and the next day appearing in Imperiall habite caused a naked sword to be carried before him crying with a lowd voyce I am Pope and Emperour I haue Signiorie or Dominion earthly and celestiall And a few dayes after when Albert who was chosen Emperour by the Electors requested to be confirmed by the sayd Pope hee refused at the first entreaty saying that such an Election as was made without his commandement authority ought not to be esteemed for good and lawfull yet within a short time after he condescended to the desire of the Emperour but vnder this condition that vpon the first occasion offered hee should invade the kingdome of France Innocent the third did so hate the Emperour Philip because hee was chosen Emperour against his will that he often-times sayd Let either the Pope take away the Imperiall Crowne or let Philip take the Apostolicall Diademe from the Pope Ab Vesp Ser. Plat. Mars an Gal. imper Clement the sixt sayd to the Embassadors that hee would never giue absolution to their King Lodowicke or Lewis for his offence vnlesse freely yeelding vp his kingdom he committed himselfe with his kingdome and all his goods into the Popes power with promise not to accept nor receiue againe any of those things but from the meere favour and onely grace of the Pope The Reformed adde moreouer to the former that vpon the same foundation and ground Pope Constantine the first was the first that caused the Emperour to kisse his feet That Martin the fift caused the Emperour Sigismund to doe the like as also Iohn the 17. Crescent Consull of Rome Emperours excommunicated by Popes and Benedict the third the Emperour Moreover say the Reformed this ought not to be passed over in silence that is to say that Pope Innocent the third excommunicated O tho the fourth as also Gregorie the seuenth excommunicated Henry the fourth and Paschall the second Aug. stan