King in Europe hath had for this 400 yeares to vphold his Clergie and conferre favours and honours vpon it our present supreame head of our Civill state hath all that right and more reason to bee as royally indulgent to our present state Ecclesiasticall as none can deny but as he that hath chiefty of power over the whole body of the Common-wealth may rightly and justly favour bestow rewards priviledges and power vpon any publique societie or private person in the same so none will affirme that all that haue supreame power haue the same equalitie of right to endow with priviledges or inrich with rewards because that all doe grant that all Kings haue not Dominion in the same equall altitude and latitude and so cannot so highly advance in priviledges least they surmount their petty prerogatiue nor so largely giue them power and revenewes lest their extention shorten their owne And the grounds of this inequalitie are diverse in handling of which I will neither follow Machivell nor Iunius Brutus because I finde them to runne into two extreames the one granting it to all out of the loosenesse of a wanton wit the other denying it to all being carried by the stream of innumerous particular authorities that because as the other wanted conscience so he wanted experience or rather because Machivell lived when all Princes in Italie claimed and vsurped equall and full power and so writ what they did not what they should doe and Brutus might endeavour to diminish the power of all because he would not haue the French King haue so much which he might thinke too much for the present if hee considered it with the times before Lewis the eleventh wherein as the Peeres and Parliaments had too much so the Kings had too little so that their difference of Dominion is not according to that fullnesse Princes can make it when they are once in possession of a Kingdome nor according to that diminution wherewith disloyall subjects impaire it when they threaten and raise a rebellion but it is according to the severall meanes whereby they attaine or obtaine their Kingdome Now all supreame Dominion in a Monarchie is attained by conquest or succession or obtained by election Kings that come to it by the right of conquest may haue as much power as they will take they make their owne Charters those that come to it by succession haue as much power as their ancestours accepting of such lawes as they finde those that haue it by bequest Cujacius observ lib. 7. cap. 7. and are adopted heires for adoption is good by last will and testament haue the same right that a naturall successour hath if the adoption stand good Hottoman illustr quaest 1. As the Kingdome of France was giuen to Edward the third by Charles the sixt but those that are called to it onely by election their power is restrained and curbed with cautionary conditions and stands limited by them Now if all these haue great power in their supreame government by any one of these rights to attaine a Kingdome surely hee that hath it by all these rights conjoyned hath more power then any hath that is intituled to it but by one Brissonius de Regno Persico lib. 1. especially by election But our present gratious Soveraigne hath it by lineall succession from an absolute Conquerour which was confirmed to his father of pious memory by the Nuncupatiue will of his sacred predecessor Anno Iacobi A just recogniâ—on of an vndoubted succession who then adopted him and all was made sure vnto him by the electiue assent of the supreame Nobility without any crosse-course conditions as falls out when the souldiers or people elect And as it is plaine that hee holds by all these so I doe conceiue I could make it appeare that most Kings in Christendome hold primarily and principally but by one of these and that of least power But that I am loath to touch the ticklish and tender titles of forraine Potentates neither will I speake any thing of them as their states now stand but onely in a word shew what anciently they were for in my poore judgement their government may bee as good and lawfull if they haue had the power and opportunity to cast off and free themselues from these bridles and curbes of government for not the most limited power but the best rectified is safest both for Prince and people § 3 To shew then how it was with them heretofore and to begin with the Empire after it was translated to the Almaine Long hath that Empire continued by the election of the high Chamber of the Septem-viri the seaven selected Electors of Germany and some of the best Emperours haue so well liked it that they haue not onely beene willing to take the promissarie oath containing divers strict conditions but haue also granted them new free Charters and large prerogatiues as Charles the 4. in his Bulla aurea and so held so loose and light a hand over them that one of the Electors the Bishop of Ments in the Councell at Franckford said the government was Aristocraticall which might bee well taken if he meant it with reference to the Councell Clap Arca lib. 5 Comâ— 10. 〈◊〉 Graâ— cia l. manâ— Guic hist Iereâ— The Kingdome of France seemes not to haue beene anciently so absolute and vnrestrained as now it is for the twelue Peeres of France qui sunt ut in Germania principes electores had not onely royall priviledges and did not owe simple subjection but respectiue homage and had a regall authority in their severall Provinces and the command of the chiefe forces but also had the power if not to elect their King as Nauclerus saith and as it seemes true because they haue deposed them yet to determine when there is no great doubt who shall succeed and their setting alwayes vpon an heire male which is the course of electiue state shewes it to bee somewhat electiue for the restraining of it to the heire male did not primarily proceed from the Salique law because many of their Kings haue beene Lorraines Hottoman apollogia Catholica §. 6. which Dukes the French Civilians say doe not obserue nor are vnder the Salique law but if it bee not electiue it seemes not to be so cleare a succession because it is a masculine feud entayled vpon the heire male yea the predominant extravigant power of the Parisian Parliament seemes to intimate that the ancient state was not so free and absolute a Monarchie for they called in the Kings edicts sent forth the contrary and no appeale lay from their sentence Contra illud tantum supplicare licet a petition of right onely was permitted Gymerus Comment in prag sanct tit de autoritate Conciliorum so that this state which is most absolute of all others seeemes to haue been anciently not so free and uncontroleable in its government as a free Monarchie ought to be The next is the Kingdome
of Spaine which hath of old beene so disquieted with the continuall incursions and invasions of the Moores and Saracens from the South and Gothes from the North that it hath scarce time to settle as water tossed But when it did pitch vpon the forme of a Monarchie it was electiue as appeares out of the Councell of Tolledo Conâ—il Toletan 5. cap. 3. Si quis ad Regiae Majestatis pervenire fastigia ambit absque electione nobilitatis Anathema sit yea and in their latter dayes their forme of inauguration doth import and imply the same for thus it runnes Nos qui vale mos tanto comme vos y podemos mas quae vos vos elegemos Hieronymus de Blanca de Hist â—egamine Rey con estas y estas conditiones intra vos y nos yea and the Justice of Aragon hath had as much power as ever the Parliament of Paris as in plaine not onely in their vnlimited immunities but also the power they vsed against the Kings edicts as may bee seene in their writs called los manifestados y iure firmos from which power Idem Thua though the Inquisition haue freed the Kings since Fardinando yet I doe not conceiue how that state should bee more free then before because it is vnder the power of a tyrannicall Inquisition So that the Kings of Spaine had done more providently in preventing their prevailing greatnesse if wee consider their domestique freedome in government though their advancement may advantage them to bring forraine states vnder their servitude But it was hard to hinder them from at least so much power as they were able to take from the other so that Tullie had no great reason to aske Atticus and that in Greeke as a secret Ad A 9. ep not to bee vnderstood of any that should intercept his letters 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 few doubt it and this may bee most vnquestionable with Spaine witnesse Naples and Millaine These Inqiusitors are like Ephori in the Spartaine republique whose Kings are observed to haue the most restrained power Thuâ— for the chiefe of these Inquisitors hath a great power over the King in his owne Court Inquisitor generalis qui Aulam Regiam sequitur Thes lit cum adjunctis conciliarijs Ecclesiastici ordinis potestatem contra ipsum Regem vsurpari potest so that by all this it is plaine that the Spanish Monarchie hath not long beene a free Monarchie at home But that which makes most to proue these states not absolute is because an appeale will lie from any of them to the Optimates and orders of their Kingdomes for extrema provocatio is one principle inter summa iura imperii Clap Arcâ— lib. In imperio tamen Germanico vt testantur pragmatici ad sacram supernam Cameram provocatur apud Gallos ad octo curias matores apud Hispanos ad quatuor curias even as a generall Councell is aboue the Pope being electiue As for the other states of European Monarchies without all question they are at this present electiue as Poland which made their King Miecislaus send Lampartus Bishop of Cracovia to Pope Benedict the seaventh vt Regem se Polonorum posteros suos esse iuberet Herbert histor Poloniae lib. 1. sed ea res propter iustas causas ad aliquod tempus dilata fuit yea it was never obtained but it still continues electiue Moderata est principis Poloniae potestas Thuaenus hist lib. 50â— quia non naturae legibus in paternum regnum succedit sed communibus suffragiis senatorii equestris ordinis publica exclamatione nobilitatis eligitur Hungary also is electiue although the Spaniard hath intailed it upon the match with the Infanta which will easily bee cut off and suffer a recovery into the former freedome In Hungaria liberam habent electionem Cominaeus lib. 10. Coment inde ab eius morte proceri Budae conveniunt I might shew the like of Denmarke but no more of that I know not how this may be taken but I hope well because in this I deliver onely what is licenced intelligence even as Honorius and Theodosius did interdict ne alicuius regni arcana scrutarentur Guiccardino Hypomneses Polit 106. but it was with this Proviso Legatus tamen reversus omnia narrare debet § 4 These instances are sufficient to proue that our present Prince hath most vnresistible power and so most vnrestrained right to favour and freely bestow immunities priviledges and revenewes vpon any single society or singular person within his Dominions Now the next thing to bee prooved is that as hee hath more right to shew favour to what state hee will so hee hath more reason then they all to favour his Clergie most This government of our King is not more free in it selfe then it is freely and willingly sustained which shewes that it is the ancient equall and as it were the most naturall government of this Iland and therefore the power is most right because naturallized by custome when as in other Kingdomes yea in many pettie particular states that little power they haue improoved by force they keepe and exercise by the same meanes Hence it is that they dare onely trust forrainers to be their guards as the French haue the Scots and Suitzers the Dukes of Florence the low Dutch which choyse doth either proceed from tyranny in the Kings or perfidiousnes in the nation 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as for instance Arist R 1. cap. the first Dukes of Florence were esteemed no lesse for it was libell-wise written over the doore of Cosmus De Medices the first Duke where he was sicke and tooke physick qui Medicè vivit miserè vivit which they vnderstood of the Medicean tyrannie both in respect of his feares and their wrongs in his oppression And in this age there were some that would haue brought an Italian guard into France and Scotland but it was when they aspired to vsurpe them both Thuanâ— lib. 23. Guisiani Italorum custodias quòd assuetis negotiis suis non satis fiderent adhibent sui potiùs quà m regni aut regis munimento when as our Kings haue found out by long experience that to be true which Dion Chrysostome told Trajane the Emperour Dion Ch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so that they regard no guard but the loue of the subject But to returne It is no small encouragement to me before I argue it in any point and a strong argument for me that a sacred Soveraigne hath and doth proue it true in his most royall and religious practice For I doe not beleeue that there hath beene any Emperour Monarch or Potentate since Charles the first and the great that did ever so truly and constantly favour and carefully protect a poore Clergie as hee hath done But let vs consider what great reason of this favour there is wherein I will not search vainly into
that of the pluralitie and non recidencie which the Archbishop of Canterbury limits by his approbation Eccl. Anglicanae Canon 41. And priviledges must necessarily bee where there are multitudes of statutes which be so strict in point of injunction as if the makers of them had not considered that politique lawes must be made with respect to morall possibilitie as what men may doe and yet the punishment of their transgression is not expressed but left to the pleasure or displeasure of the King But these are not the priviledges that the Kings royall prerogatiue doth grant as immunities and impunities for then the lawes should bee onely punitine if there were onely vse of protections and pardons but as lawes are also remuneratiue so Princes haue power to reward after a priviledging manner and chiefly in our Kingdome where it seemes to be on purpose omitted by the written lawes and left to the Kings pleasure and power especially concerning Ecclesiasticall persons who haue most neede of them and may now as freely enjoy them as any other persons For though heretofore it was prejudiciall to our Kings to grant priviledges to all Ecclesiasticall persons when they were so encreased in multitudes and overgrowne in magnitude for the whole Kingdome and the Popes would confirme them as irrevocable yet now they are but few in number and small in power and the King may call them in when hee pleases This want of these priviledges hath beene the cause of much evill in the Church and the more they are impeached by those that professe themselues the maintainers of the Kings peace lawes and royall prerogatiue the more will the state Ecclesiasticall runne to ruine And they are much infringed in our Vniversities which I am forced to complaine of with feare lest that fall out which happened to the Vniversitie of Prague which was vtterly ruined by Charles the fift taking the priviledges away at Don Leâ—is desire Whereas Francis the first of France fearing and favouring the Vniversitie of Paris restored all the priviledges which Lewis the eleventh had taken away vpon a just ground of sedition Dino hist 〈◊〉 which hath made it to reviue and flourish ever since But there are some politiques that hold it a needlesse thing to bee any way indulgent to silly Schollers Cujaâ— sent 1. tit as Cujacius saith out of Galen that they expressed weake men vnder the title of scholastici they make meere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Iohn a noakes of them but the fault is in themselues according to the French Proverbe Qui se fait brebis le lâ—up la mange For though the Clergie bee weake of it selfe and tempt the contemners of it to over-top and over-turne it Yet since we haue a pious prudent Prince that is royally ready vpon the first appeale to protect and relieue his poore Clergie we are not to be pittied if we neglect to implore his supreame assistance And thus it is something evident how the honour of the Clergie annexed to the power of order is granted and sustained by the Kings lawes and royall prerogatiue I must now in briefe shew the like of the honour annexed to the power of jurisdiction § 6 The power of jurisdiction which I doe here intend is not that deligated power which is in Bishops Vicars or Officialls nor that power Archdeacons and Deanes enjoy either by custome or priviledge but that ordinary power which is in Bishops To this power of jurisdiction there is honour annexed by the lawes of this land and the Kings royall prerogatiue which I divide as before into revenewes ordinary and priviledges the revenewes are their temporalls and part of the perquisits called the Census Cathedraticus the first of which are given and granted by the Kings royall bounty confirmed by the lawes the other are set downe and approved by the same lawes Bishops temporalls are annexed to their sees by the Kings gift Stanford praerogat cap. 1. and are as it were their Gleab but are indeed their Baronies which they hold of the King in capite and performe services for them and therefore they are as it were wards to the King during the vacancie quae ratione Baroniae as Linwood ad Episcopum spectare possunt Linwood de immunitatib Ecclesiae Duarenus de beneficijs l. 3. c. 11. Dominus Rex custodiam habet as Duarenus sayes of the Kings of France Princeps quà m diu vacat Episcopalis sedes feudorum lege praediorum omnium administrationem suscipit But these temporalls are not to be restored till consecration and so seeme to be annexed to the power of order in Bishops Augustinus de Ancona de potest P. P. quaest 22. Art 9. for their consecration according to the scholasticall Canonists is but perfectio characteris which they at first received when they tooke the order of Priesthood and so seeme not properly annexed to the power of jurisdiction for before consecration vpon election and confirmation they may exercise the power of jurisdiction though not of order Episcopus electus confirmatus potest exercere quae sunt jurisdictionis Panormitan in Decret Ver. Cons §. 6. non quae sunt ordinis Episcopalis ante consecrationem as Othobone vpon Linwood suspendere potest à beneficio non ab officio Linwooâ— de constiâ— Glanvil cap. 10. quia ab officio suspendere est à potestate ordinis ordinaria But Iustice Glanvil seemes to intimate that they were restored when they were but Lords elect because electi ante consecrationem homagia sua facere solent but whether it were de jure or de gratia as the learned in the Common law distinguish I leaue to them to determine and thinke it great happinesse for the Bishops and the great honour of our moderne Kings that they are so fully restored at all since they haue as much power and may pretend as much reason to seise the temporalls into their hands as well as others But our Royall Soveraignes pious Father 1. Iacob set a good example to his Majestie to follow for in the first yeare of his raigne hee enacted a statute to prevent all diminution of Episcopall revenewes though it were to alienate them to the vse of his Crowne yea though it were but in exchange for impropriations a course which was too common in Queene Elizabeths dayes insteed whereof our Kings haue out of royall indulgence given some licences for Mortmaines If this redresse had come before they had beene too much impaired Bishops would not haue desired so many Commendams nor Rectors of Parishes made vse of the statute of pluralitie To their revenewes in these temporalls there are many honourable priviledges annexed as they are Barones So that Bishops haue the priviledges of Barons in the Parliament and that vpon good ground since they hold of the King and performe the services belonging to them Mathew Hen. 2. as Mathew Paris Episcopi de rege tenent in capite Baronias faciunt
his Majesties particular reasons for I should not be able to finde them out because a Kings heart is not to be sounded and searched by a private head that is not able to conceiue the heigth of their ends but I will discourse of it a hee is our King â—f from a single relation there doe arise as singular respect surely a double portion of respect will follow a double relation Now this Aristocraticall Clergie haue not onely relation to their Prince as hee is a crowned King and they his lawfull subjects but also as hee is the Lords annoynted defender of the faith according to his just title as his Maiestie pleases to speake in his declaration before the Articles For they also are the Lords annoynted deliuering that faith and the Primate of them the immediate instrument of his consecration so that as by the crowning they are by right his subiects so this annoynting of God superinduceth a brotherhood betwixt Kings and Bishops as Sr Francis Bacon in his Booke to King Iames for this relation is onely ancient in our Kings amongst the Princes of Christendome for though as our Soveraigne is crowned by the Archbishop of Canterbury so the Emperours when they were Kings of France began to be annoynted and crowned by the Archbishops of Mentz Collen and Trier as they were Emperours and by the Archbishop of Rhemes as they were Kings of France Yet the Kings of France of the first line at least were not annoynted as one of the freest Historians confesses De la primiere Lignèe oinct ny sacre à Rhemes Girarddu Hallon des affoâ—â—es l. 2. And though the Kings of Spaine are crowned by the Arch-bishop of Tolledo the Kings of Denmarke by the Arch-bishop of Vpsale the Kings of Polonia by the Arch-bishop of Guesire the Kings of Hungarie by the Arch-bishop of Strigon the Kings of Navarre by the Bishop of Pampolune yet none of them were anciently annoynted Now it cannot be denied but as this reall relation doth more peculiar and appropriate the State Ecclesiastick to our King Vid. Legibus saucti Edvardi so it makes him not onely the supreame head and governour but also the chiefe guide and guardian for by it he is more than a meere Lay-man hee is a mixt person having supreame Ecclesiastick as well as Civill government Reges sancto oleo vncti sunt spiritualis iurisdictionis capaces Which sentence was applied to our King in the time of Edward the third 33. Ecâ— Aide lâ— Gryme 12. §. And Guymer in his Comment on the pragmaticall sanction of France is peremptorie quòd Reges inuncti non sunt meri Laici and addes inde Reges Angliae conferunt beneficia So that by this is there some addition granted to the power of Princes over the Church Though the old glosse vpon the Clementines avouch quòd vnctio nil addit ad potestatem Imperatoris which the Gregorian edition of the Common Law did well to dislike Clemeâ— tit 6. Regis but they should haue done better not to haue given a worse And if it adde to their power over the Church then as they haue more right by it so they haue more reason from it to doe what good they please for the Clergie So that doe but consider the quality and qualifications of our Kings person to doe for his Clergie and you will say he hath greatest reason of any Prince Consider againe the reasons on the part of the present State Ecclesiasticall and you shall finde that they deserue more of their Prince than any Clergie these foure hundred yeares § 5. But I must presuppose before that will be granted that our Monarch of great Brittaine hath not any reason to giue or bestow meanes and revenues vpon any forraine State Ecclesiasticall No Prince hath reason to bestow â—is free favours vpon any over whom hee hath for the present no right to rule nor hath heretofore promised it neither by himselfe or by his predecessours and thereby bound himsesfe to farther and favour them So that though the Romane Clergie doth claime and clamour for revenues and priviledges from our King yet as they haue no right to claime them so they haue no reason to expect them for they are so farre from being his deserving domestick subiects that they are his deadly enemies though they be imbred and homebred They haue not then any right for neither our K. nor any of his lawfull predecessours did ever binde themselues to any such performances Later better learned writers of the Romish faction finding by the carefull and curious examination of sundry passages in infinite interpreters how hard a thing it was to proue their vniversall supremacie in temporalibus by direct evidence out of Gods word resolue to proue it by Charter-grant and priviledge from Princes pieties as Augustinus Steucus Librarian to Pope Paul the third sets downe the claime the Pope laid to all the kingdomes in Christendome grounding all from the particular grants from the Kings but especially Boniface the eights letter of Demands As for instance from Constantine the first and the best one Phocas the first and the worst from the vniversall gifts of those vniversall Emperours they ground a generall right in all kingdomes The Bononian Canonists deale cunningly and seeme to deale ingenuously playing the sophisters more than the sycophants in this point discoursing of this donation of Constantine for they lay it downe as a presupposed presumption in the Law That there is such a true deed notwithstanding there be no mention made of it in any part of the sincere Civill Law Sed quae notabiliter fiunt specialiter notanda sunt But they never question it de facto but enquire quo iure and an sit revocabile and since they doe not full affirme that he gaue it vp â— will not so much as shew the falsitie of it but referre all to the most judicious and modestly moderate amongst them But for Phocas his grant Covâ—â—â—u vias 〈◊〉 quest c. 1 mem 9. Decius Consil 130. a faithlesse vsurping tyrant I leaue it to be judged of by those that chuse to measure claimes and titles by the line of equity and not by the Last of ambition Yet thus I will inferre against it that a Charter granted as this was chiefly vpon a ground of cunning with a purpose to maintaine a plot by partie which was vndertaken and begun by fraud might haue beene after revoaked by himselfe or anulled or repealed by his successours And farther I say that though this grant were authentick in all points yet the Popes could haue no right to this kingdome by it because this kingdome was excluded from the care protection and providence of the Romane Empire neere two hundred yeares before Phocas For Aelius L. Lieutenant for Valentimanus in the parts of France Polyâ— cap. 1 sent word to the Brittains that they were to looke for no more ayde from the Empire which was fallen into faction scarce able to
support it selfe being thus abandoned all lawes did free them from duty and dependance Baron nal 4 But to make these generall grants the stronger they pretend particular grants from our owne Kings as from Ina King of the West Saxons that was indeed religious and from King Iohn that was impious as well sans foye as his title was sans terre as the King of France Math 1216. Philip the second said Iohannes nunquam fuit verus Rex neither of these binde our State for â—he Peter-pence contributed to Rome by Ina are called in the lawes of Conatus Larga Regis benignitas and in the abstract which is the best of the confessours and conquerours decrees Regis Eleemosynae which imports not due nor duty but charity and the Popes to be his beads-man not the King to be his homager There were many manifest nullities in King Iohns grant for he had no right to hold the Kingdome and if he had held it by right yet he could not grant any thing in prejudice of the whole State without the consent Regni vniversitatis as Mathew Paris tearmeth the Parliament and a third mullitie is in the force of the grant where whatsoever is passed in the body of the grant is resumed by this proviso in the conclusion Math. ibidem Salvis nobis haeredibus nostris Iustitiis liberalitatibus regalibus nostris which being luckily inserted salues all and makes it absolutely voyd But the maine grant which Baronius relies vpon is a donation from Ethelulphus King of the West Saxons which seemes very lawfull if it were as he saith salubri consilio Episcoporum Principum Baron Annal. Anno. 854. but yet that deed if wee free it from being forged was voyd if you doe but consider amongst many other things the incompetencie and incapacitie of the person to whom the deed was made Now Baronius is peremptory that it was made to the immediate successour of Leo the fourth which according to all the truest writers of the Popes liues was Iohn the eight which they conclude was a woman fu vna donna natio de Inghilterra che vacata là sede Apostolica Petro de Mexia della silva cap 9. per la morte di Leon quarto fu eletta per sonno Pontifice di Roma as Petro de Mexia and Boccacio de las mugeres illustres the King might perhaps haue done much for his country woman if he had knowne it but shee was not capable to receiue such a deed to her vse and therefore the Iurists haue reason to make this question Hottoman quaest illust 17. Vtrum acta Iohannis octavi in papatu rata esse debent And if what shee did was voyd what was done for her iâ— not firme being it was given supposing shee was capable So it is plaine that this engine is not able to vphold this claime being so loose and hanging together in the joynts like sick mens dreames shewing their inconsiderate inconstant humours their proofes being as weake as their imagination is strong all standing vpon slender supposals particular interest making partiall But they haue another ground for a presumption of their right because some poore oppressed Princes haue desired to hold their kingdomes from them as some vsurpers sought to obtaine dominions by their gift who depose Kings that they may dispose of their kingdomes But this is nothing and they stand not vpon it but when they haue nothing else to say I doe not by this goe about to deny that our Kings haue beene bountifull Benefactors to the Roman Clergie but this onely I stand vpon that they haue no reason to continue so still since they were never lawfully bound to it Neither doe I deny that any Prince should conferre favours vpon some forraine Ecclesiasticall State with this caution that he be not prejudiced by the kindnes may haue so good vse of their thankefulnesse As suppose any Prince should be called into Germany or Italy Dies nuâ— transit 〈◊〉 aliquod pâ— fecerit sâ— vt Aeraâ— non eveâ— vt de Seâ— Lampr. or any other kingdom by an oppressed State Ecclesiasticall that Prince may doe royally to invest them into their former spirituall possessions and yet never impoverish or inslaue his owne kingdome to them and also binde them to him for protection Thus did Pipine Charles the great Lodovicus pius they releeved the Roman Clergie and bestowed very much vpon them in large territories but they gaue them nothing in France but onely what they recovered for them in Italy it is then evident Guicc li hist Itaâ— that our King hath no reason to bestow honour or power revenues or priviledges vpon any forraine State Ecclesiasticall and it is as plaine that he hath the greatest reason of any Prince in Christendome to bestow them all vpon his owne domestick Clergie § 6. The Nobility and the Clergie are the prime pillars of a Monarchie and the Communaltie is the ground whereon they stand And this they well know that intend the ruine of it for they will be sure to strike at these two props knowing that then it will fall and the ground and foundation remaine to them to erect a-new as Ball a Masse-Priest Chaplain to Wat Tyler advised his chieftane to destroy all the Clergie and Nobility so Garnet did the Traytors in the powder-plot as the Earle of Northampton well observeth and therefore Philip the second of Spaine who was seldome in an errour about the vpholding or inlarging a Monarchie advises his sonne Philip the third to stick fast to the Clergie los Clerigos amigo as I haue beene but yet so as you disregard not the Nobility otherwise they will hate you and envie them and ruine all Now if the Kings of Spaine haue reason so highly to favour their Clergie as to feare least their kindnesse to them should kindle indignation in the Nobility surely our Prince hath more reason so highly to succour his Clergie as that it may not be the object of the contempt of the vulgar For the Clergie of Spaine and all the Romish faction are not simply subject to them but deny Civill obedience alwayes to their Prince where Canonicall obedience commands the contrary or priviledges aboue it when as our Clergie are as true subjects as any State renounce all obedience to any other Potentate So that this hearty adherence to his Majestie is one reason yea they bestow all their labours in Gods service onely in dominions expect favour from none but his highnesse and they are more beneficiall to their King than any Clergie in Christendome to his natiue Prince or any State in this kingdome to the Crowne For though the revenues of other Clergies as of Spaine be infinitely aboue ours Nicholaus Olâ—evâ—â— de regno Hispaniae as one of their Historians Opes Ecclesiasticorum paenè aequales sunt secularium vnà cum Regis Yet they are not so constantly beneficiall to the King but to the
as to haue a religion so to frame the exercise of it according to their owne dispositions but some with more doting indulgence haue at last changed it into that which they were most naturally disposed to and did not alter and order their inclinations by it As the foure grand Monarchies the Chaldean with whom the Persian may well be joyned these turned the acts of religion into philosophicall considerations enquiries and explications of nature The Egyptians a principall branch of these Monarchies and from whom some thinke the Chaldeans were derived and that Belus Neptuni Libiaeque filius in Babyloniam colonos ex Aegypto traduxisset Diodorus Siculus Biblioth lib. 1. ex iis Sacerdotes quos Chaldeos Babylonii vocant qui more Aegyptiorum astra observant c. These Egyptians naturally 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 superstitious in religion curious in mysteries transformed religion into all kinde of superstitions and by trying conclusions and chymicall experiments vpon it conceited the substance of it into vnexpected phansies furthered by mimicall expressions leading into and leaving in mysticall mazes The Grecians by nature 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 intelligent able to find out and loving to contend drew religion into disputes and would beleeue no more than they could finde out by search of reason and apprehend by force of fansie and that they obstinately maintained by a wanton working wit which they might with more ease doe seeing their language was so happy for expression The Romans by nature inclined to dominion fitted the frame of their religion to a Monarchicall forme vnder the Pontifices Cujaci◠Origin lis §. 1 yet they seemed to seeke a Monopolie of all the Gods in the world for they receiued and worshipped the Gods of all the nations they conquered These nations framing religion to these ends August Civit 〈◊〉 20. cap had a forme of government vnder religious persons sutable to further contriue and compasse by all meanes their particular purposes and therefore they gaue them power of a most large extent yea they were ruled by them for the Chaldeans were originally Priests and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a priest Synesiu 126. and a Prince were all one with them So the Magi amongst the Persians the Priests of Apollo at Delphos amongst the Grecians did what they would Pomp◠Orig. I. And the Romans were led by their Pontifices and Augures but it was whither they would namely to a Monarchy Wee having not the ends of these nations in our religion must not vse the same forme of Clergie For I conceiue the aime of the best and wisest with vs is to preserue the Church and Common-wealth together Now that cannot be where the state of the Clergie governs but where it is governed Our ayme being such let vs consider what forme will be best governed vnder this Common-wealth There are but three distinct formes of Ecclesiasticall government in Christendome as the Monarchicall Aristocraticall Democraticall of these the Aristocraticall is most conformable to the rule of this Realme In proving of which assertion I will not onely insist vpon the proofe of past and present experience that it is so but discourse in reason why it should be so And first in opposition to the other formes of Ecclesiasticall government what they are likely to produce woefull experience hath long since felt in the one and what we may expect vpon probable conjecture from the other is not to be desired by any that vnderstand and loue the happinesse of this Civill State For all their principles fundamentall in their grounds of augmentation in their growth of conservation in their heigth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Polybius lib. 6. and of reparation in their decayes are most dangerous for this Monarchy and the causes of their corruption would be so incorporated into the body and bowels of the Civill State that if it fall not before them and into their hands they would goe neere to pull it downe with them when they fall Not so speake of their power which they must haue and the exercise of it either in an ordinary and lawfull course or by indulgence or vsurpation and the manner of their proceedings in the execution of it what instruments they vse in counsell and action how much they trench vpon the power vndermine the government countermine the proceedings countermand the edict and confront a Monarchy I leaue it to wise and actiue men to consider § 3. First to speake of the Monarchicall which is now the Papall government How this Monarchicall forme hath heretofore agreed with this State all know and it is not likely that it should now so well accord with it because the reasons of that little agreement then the present particular interest in which this State vsed that Monarchy are ceased for then wee aymed to enlarge our dominion by the right of succession in France by the right of conquest in Scotland and Ireland But the causes of disagreement still remaine and are in their part aggravated to an vtter opposition so that as before it was dangerous so now it is a desperate case to re-entertaine that forme of Clergie which can and will rule vs and must necessarily alter and so worke the ruine of the present state Vnder this forme this Kingdome was no Monarchie but a Province vnder a forreiner an vsurper and a tyrant This was our best condition when that Clergie ruled vs though as favourable as they could or did any Monarchy in Europe The lawes and priviledges of the land were continually broken and infringed by them especially those lawes that did most immediatly vphold the Kings prerogatiue Against them they continually promulgated particular edicts for the decrees were too generall to be applyed to occasions and therefore they added the decretals so called because they gaue wings to the decrees for quicker dispatch And wee shall finde Duare◠benefici◠Prooem that most of the Decretall epistles which concerne Iurisdiction were written to English Prelates And as I conceiue some reason might be because the lawes of this land are more contrary to the Canon Law than the lawes of any other States in Christendome being they are more ruled by the Civill Law from which the Canon is derived and so more causes might arise here amongst vs either out of the contrariety of the Lawes or out of the narrower extent of the Common Law and also partly out of the ignorance of the proceedings of this State which was then likely to be most because intercourse and intelligence with Rome for that time was abridged for Henry 2. being then at variance with Thomas Becket who was sheltered by the Pope Alexander the third permitted not any Legate to reside in the kingdome but as soone as Vivian was arrived he was questioned and that by the Bishops of Winchester and Ely how hee durst land without the Kings speciall licence And partly they writ the oftner to English Bishops because they suspected them and justly to be
more partiall for their Prince than the Prelates of any other kingdome as appeares by their readinesse to examine this Legate and also by an epistle Decretall of Alexander the third to the Bishop of London Lib 4. tâ—â—t 17. câ—p 7. qui filij legitimi Sarisburiensis de nugis curial lib. 7. cap. 24 who then was Gilbert Foliot a man much commended by Mathew Paris and Iohn Sarisburiensis in that epistle hee curries favour with him in a cause which hee knew was of Ecclesiasticall cognizance and was so judged here in the Kings court as appeares out of Glanvill then Lord chiefe Iustice I think in the very particular case Glanvill lib. 7. cap. 15. Ad Regem Angliae pertinet de possessionibus iudicare Iohannes de Parisijs contra Bonifacium octavum cap. 12. But he feared seeing the Bishop could doe so much with the King and would doe so much for his King least hee should finde some way to entitle it to the Crowne and hee had good reason to feare since the Bishop had so often in the Kings behalfe opposed Thomas Becket and him These may bee some reasons why the Popes sent so many epistles into England and I am the more confirmed in them because I finde they were for the greatest part written by the most Pragmaticall Popes who busied and bestirred themselves most in setting up orders and new fresh Fryes and fraternities of Fryers and in pulling downe the powers both of our Kings and Bishops to wit from those seaven Popes who were the thirds and I thinke the worst of their names I am sure of their predecessors As for the most part they were written from Alex. 3. Lucius tertius Vrbanus tertius Clemens tertius Coelestinus tertius Innocens tertius and Honorius tertius these men did and undid very much because they were active and lived long If then this forme of Clergie was thus prejudiciall to our state before it was opposed and incensed by the statute of Proviso and Premunire and cast off by the Kings just re-assuming their power which shewes that all their right was nothing but our soveraignes wrong surely now wee are not to expect so much favour from them and therefore as the State then thought it necessarie and right to casheere it and brought their purpose fully to passe so it is now more necessary and just to keepe it out since it is infinitely increased in tyranny since that unhappy unadvised ill advised conventicle at Trent § 4. Those nations shall have the best use of that forme who propound a civill state as large as their Ecclesiasticall and to whom he hath first sought too for assistance and withall are able to overrule it For after Iustinianus the last of the true Roman Emperours and Gregory the last of the good Popes that See claue to Phocas who named the Pope Vniversall Bishop that hee might proclaime him Catholique Emperour But when in the next Centurie the Easterne Emperours were infested with Saracens warre began to pull downe images as some cause of the warres which the Pope endeavoured to set up againe then by the second Councell of Nice whether because they did him wrong in disobedience or rather because they could doe him no good the Greeke Pope Zachary fell off to the French before the next Centurie And then Pipin used him to confirme not to conferre his new atchived Kingdome for in those dayes they gave no such power neither did Pope Zachary claime it for hee deposed not Childericke but consented to the deposing which was by the Peeres of France neither did he set up Pipin in his roome but they that deposed the other onely sent to Rome to have Zacharies advise in it Bulla 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because it might passe more plausibly in the world by the consent of so grave an Oracle as it hath alway beene good wisedome to winde in the conscience of one who is esteemed an upright Iudge for the countenance of an unusuall cause humorously undertaken by the first Author especially there being then a faction amongst the Bishops of France Baroâ— nal 〈◊〉 so that this inquirie of his judgement in point of fact did non submit to any claime of right And Gotefridus Viterbrensis affirmes and Baronius confesses Francos non Zachariae paruisse decreto Baroâ— nal 〈◊〉 sed acquievisse consilio and there is great difference betwixt an absolute injunction and a politique advise which is onely an answere out of discretion and left to discretion implies no obligation of necessitie But this is without question Pipin being ambitious of the Kingdome and desirous to cover and colour it with religious ends used the Pope to countenance and compasse his designe who would not withstand him being ingaged to him for protection and by bounty or which is likelier hee durst not being too much in his power But howsoever it was he clave fast unto the French for that Century especially to Charles the great the repairer of the Westerne Empire from whom the Caroline succession continued till Otho the third But then the French Kings being distracted by warres at home Augustinus de Aâ—cona de potest Papae quaest 37. Art 5. could no more assist them Gregory the fift an Almaine transferred it to the Almaines chose those seaven Electors but they agreed not well together after the Almaine Pope was dead and Italians succeeded they presently began to quarrell with the Emperour and to send challenges of right into Italy knowing that the Emperour was not able to doe much for them in giving them as the French had done and perceiving hee was more unable to hold from them that which they would have Segebertus â—hron passim so that the Emperours were continually imbroiled by them being not able to rule them decreasing as fast as they rose Then the opposition betwixt many particular Popes and Emperours as betwixt Gregory the seaventh and Henry the fourth and Alexander the third with Fredericke Barbarossa was very strong But after it grew to such a height that they were setled into factions of separations as the Ecclesiastiques and Imperialists especially in Italy Nabrigensis hist Anglicana lib. 4. cap. 13. which the Italians quickly perceiving because earnestly desiring the Emperours power over them to be looser began to make use of the Papall present opposition to procure their full liberty Abbas Vnspergensis chron passim and therefore these factions were most strong there Yet that grand faction distinguished by many formalities was principally maintained under the names of the Guelfs and Gibellins which swallowed up all the private and pettie familie factions of Italie As the Vrsini in Rome were Guelfes Mat hist Ann the Collonensi Gibellins the Vberti in Florence were Gibellins the Bondelmonti Guelfes and so it was in Naples Venice Millaine which strife continued hot till Boniface the eight who perceiving how much his predecessors had gained upon the Emperour and saw but little more