APHORISMS OF STATE: OR Certain secret ARTICLES for the re-edifying of the ROMISH CHURCH agreed upon, and approved in Council, by the College of Cardinals in Rome, showed and delivered unto Pope Gregory the 15. a little before his death. Whereunto is annexed a censure upon the chief points of that which the Cardinals had concluded.  
By THO. SCOTT.  
Very needful and profitable for all those, who are desirous to understand the event of the restitution of the PALATINATE: And of the state of the Prince-Electors, of Saxon and Brandenburg, in the behalf of the Clergy in Rome. Fit for the British Nation, especially to take notice of, that they may evidently see, the issue of all our Treaties, Ambassages, and Promises, with other hopes depending: wherein we have been long held in suspense, and are still like to be, to our unrecoverable loss.  
Faithfully Translated according to the Latin, and Netherlandish Dutch, into English.  
Printed at Vtrech. 1624.   

New unheard of, and strange Articles.  

The first Article.  
WHereas Maximilian the Duke of Bavaria, for the establishing the state of his Prince-Electorship, hath sought unto the authority of the Apostolical seat, thereby hath the Apostolical Church obtained opportunity, to recover their lost obedience in the denied Ecclesiastical jurisdiction.   

The 2. Article.  
SInce the Pope of Rome by means of the present Duke of Bavaria, as being the most obedient son of the Church, may obtain again the Rights, which for these two hundred years and more, have been lost in the constituting of certain things, and orders in the Empire belonging to the Church, it will be a very small labour, to pluck the possessions of the Church goods, which depends upon the Ecclesiastical rights, out of the hands of the Heretics.   

The 3. Article.  
WHereas the Duke of Bavaria, according to the especial Oath, made unto the Church, hath an earnest desire, to restore again the Ecclesiastical State, as it was before the time of Pope Gregory the eleventh, The Heretics (who are the temporal Arm of the Empire) shall be bound to restore again those goods which they have possessed since the passa wish trans-action.   

The 4. Article.  
SInce that it properly appertaiveth to the Church to discern and take notice of the state and order of the Empire, therefore those Heretics which deny this antiquity, and the rights of the Church in the state and order of the Empire, which now by the Duke of Bavaria shall be reestablished in time to come, are not to be tolerated.   

The 5. Article.  
SInce that Pope Leo the third, had that power in respect of the heresy, to cut off, and separate the Eastern authority from the Western; and to pluck that from the Grecians: wherefore shall not the Pope now have the same power, to take the Prince Electorship from the Palsgrave, as being an Archhereticke, and transport the same unto the Duke of Bavaria, the most obedient son of the Church.   

The 6. Article.  
SInce that the divulsion of the Eastern Empire, from the Western, which was performed by the most blessed Pope, Leo the third, hath continued so firm and sacred even to this very time: that although the Western Empire hath often times been void of a possessor, was never as yet united unto the Eastern Empire, nor the laws of the one in the Provinces of the other were ever of force: wherefore then shall not the divulsion of the Prince Electors dignities of the Palsgrave that archhereticke, be maintained upon the most Catholic Duke of Bavaria, in the like sanctity of perpetuity and stability, by the Pope and the Holy league.   

The 7. Article.  
SInce that the transport of the Empire from the Grecians unto the French, performed with such a free arm, and such an active power by Pope Leo. The Grecian Emperors themselves, although they were the strongest, durst never oppugn the same, nay have many times & often very significantly commended and firmly kept the same, in like manner the ability not the opposition of the arch Heretic, the Saxon who is yet remaining, may not hinder, much less make opposition to the transport of the Prince Electors dignity, unto the most Catholic Duke of Bavavia: in regard that he as being an Heretic, and not knowing the sanctity, nor the antiquity of the rights original of the Empire, and ignorant of the laws and privileges thereof, may not enjoy that right.   

The 8. Article.  
WHen as Frederick the first, according to the will and pleasure of Pope Alexander the third, was detruded from the Imperial seat, than Emanuel Comnennus presented both men and money unto the Pope against Frederick, to the end the Grecian Church might be united to the Latins: by which undoubtedly he confesseth, that to establish and fortify the Pope's cutting off, and transport, and the uniting of one Kingdom with another, was forbidden, all men whatsoever, save only the Pope, who had first separated them; so in like manner these things like as they also be, so is it true that the Pope with the Holy league, are bound to employ all their power against the Archhereticke the Saxon, and all those Rebels that depend upon him: that the Sanctity of the Apostolical stool, and the Antiquity of the Romish Empire in the transport of the Prince Electors dignity, might be preserved and maintained.   

The 9 Article.  
AFter Pope Leo have other Popes also, only by the authority of their Chair, very often transported the said Western Empire from one Nation to another; wherefore then may not the Pope by the same authority of the Chair of Rome, pluck the Prince Electors dignities out of the hands of the Heretics, and transport the same to the Catholic Princes, to the end that the sacred Essence of the Romish Empire, by the extirpation of Heretics be again established.   

The 10. Article.  
Whereas in all right, Pope Boniface the eight, unto whom the supreme authority in the Church belonged, would not admit that Albert the first of that name, Emperor of the Romans, by right of inheritance might come to the Empire, like as he had sought both for himself and for his posterity and successors, but only by election: In like manner may the Pope, the Emperor, and the holy league, without violating the Apostolical seat, which always to be kept sacred in her antiquity, must be defended, not to suffer the Saxon and the Brandenburgher, that they should seek to draw the authority of the Antiquity in the transport of the Electorship from the Chair of Rome, to bring the same to the College of the Prince Electors.   

The 11. Article.  
PHilip King of the Francs, sent Ambassadors to Abignon unto Pope Clemens the fifth: That they very humbly should entreat him, that he would restore the Empire again to the French, under whom before it had been. Then did the Pope send Ambassadors unto the Prince Electors, by whom he commanded them, that they should choose Henry of Lutzenburgh Emperor: And that if they did the contrary, that they should incur great danger, and should forfeit the Empire, and the right of their Election unto others for ever; whereupon they presently assembled, and elected Henry Emperor. From all this very plainly appeareth, that the French assuredly knew, that it was in the Pope's power to establish the Imperial command in their Kingdom, and to transport from the Germans the Empire and the right of the Election: and therefore may the Pope according to the plenitude of his power, no longer use connivance, when as these Arch-heretics, the Saxon and the Brandenburgher, would throw down into hell, the antiquity and order of the Empire.   

The 12. Article.  
IT is in the Pope's hands, as in all Histories appeareth to renew the Emperor in their Empire, to transport the authority of one Nation unto another, and utterly to abolish the right of Election: how wickedly and ungodly then doth the Saxon, in labouring to pluck the said power from the Chair of Rome, and to unite the same unto the College of the Prince Electors? By this means the Pope of Rome and the Emperor may expect, that from this permission the rest of the Arch-heretics, the Saxon and the Brandenburgher, may change the Essence of the holy Church, and of the Empire, into an abominable and cursed monster.   

The 13. Article.  
SInce that Wenceslaus by reason of his follies, by the Prince-Electors, was deposed from the Imperial seat, and contrarily Robert Palsgrave of the Rhine, by the command and authority of Pope Boniface the 9 ascended to that high dignity. In like manner also is the Palsgrave that Archhereticke, because he had committed high treason, and had disturbed the Common-peace of the Emperor and the Empire, detruded from his Prince-Electorship: And contrarily for the recovering of the Antiquity, the Emperor with the sacred and true Prince-Electors, as son obedient to the Church, and diligent in maintaining Antiquity by Commission from the Pope, hath promoted Maximilian Duke of Bavaria in all right unto that high degree of Prince-Electorship.   

The 14. Article.  
SO that by the Authority of the Apostelicall seat, the power of Electing an Emperor, and a Prince Elector: is drawn into the number of seven Princes: yet whereas according to the Concession of Gregory the 5. it appertained unto all the Princes of Germany: also by the same plenitude of power, it is lawful for the Pope to cut off the Dignity of the Prince-electorshippe, from the Palsgrave and his heirs, and to transport the same unto the Duke of Bavaria.   

The 15. Article.  
THe plenitude of the power of the Apostolical seat, is proved by the public documents, as is the Election of Rudolph of Habsburgh, Adolph, Henry the 7: Charles the 4. Wenceslaus, and Rupertus, who had no other stability, but from the grant and consent of Nicholas the third, Boniface the 8. Clemens the 5. Clemens the 6. Gregory the 11. and Boniface the 9 which public documents are kept with the Writings of the Apostolical seat.   

The 16. Article.  
TO the end that the Antiquity of the Empire may the better be manifested, that the Pope and the Church hath only the power to take notice, discern, and to dispose of the affairs of the Empire: Therefore the Emperor is Crowned with the Crown by the Pope, who therein hath the highest authority, and this work effected, then is he established in the Imperial seat: Therefore all Doctors do agree herein, that he that is Crowned by the Pope, hath the power only to bear the title of Emperor and Augustus: To sign with the sign of the golden Bull, and to take upon him the administration of the Empire: and when the Prince is not crowned by the Pope, he is rightly forbidden to use the same.   

The 17. Article.  
AT what time a great contention was risen between Charles the bald King of the Francs, and his brother Lodowicke in the behalf of the Empire. Then presently Charles posted unto Rome, and so with gifts and entreaties obtained the Crown: And therefore 
Carelus Calvin.  according to the form of Antiquity, the Pope only hath the power to take notice of matters of the Empire: and therefore the German Heretics do very ill in saying, That the same belongeth to the College of the Prince Electors.   

The 18. Article.  
SInce that Frederick the first, by the Bishop of Bamberghen, required the Crown of the Empire from Pope Adrian the 4. (where the words under-written are used and placed to express the same sense) from whence very plainly appeareth, that he that receiveth not the Crown out of the Pope's hand, is in very deed no Emperor. Therefore most holy Father, fulfil without any longer delay, that which Maximilian the Duke of Bavaria wanteth in the plenitude of the Dignity of his Prince-Electorship, that the same may be accomplished by your Holinesses liberality, to the end the Empire may be reduced and brought into its old fashion again.   

The 19 Article.  
SInce that in the disposing and ordering of the affairs of the Empire, the Pope's respect only extendeth so fare, that it now and then hath been vexed, suppressed, nay hath been wholly and totally circumvented and defrauded; like as many Histories do testify, what hath passed between Pope Gregory the 7. and the Emperor Henry the 4. between Pope Alexander, and the Emperor Frederick: the first, between Pope Innocent the third, and the Emperor Ottoman the fourth, between Pope Innocent the fourth, and the Emperor Frederick between Pope john the 21. and the Emperor Lodowick the 4. between Pope Boniface the 9 and the Emperor Wenceslaus. By the same respect hath the Pope that undoubted right to take notice of the affairs of the Emperor, and to discern thereof, and not the College of the prince Electors.   

The 20. Article.  
SInce that the power of the Electing the Emperor, was not purchased for money by the prince Electors, nor obtained by force of Arms, nor enjoyed by right of Inheritance, nor befallen unto them by the hands of the Emperors, but is descended from the authority of the Apostolical seat: Therefore it is not lawful for the German Arch-heretics, now at this present to believe any otherwise, thereby to molest the Antiquity and Sanctity of the Empire.   

The 21. Article.  
WHen as for a long time the custom of Electing the Emperor had been in use, according to the constitution of Pope Gregory the 5. by the Intercession of all the Chiefest and princess of Germany, and that many troubles and devisions arose by the great diversity of voices in their Election; The Empire is at last become to nought; So that the Chiefs and Princes with one accord (according to the decree and approbation of the apostolical seat) were agreed, that all the power which was granted unto them, all of pope Gregory the 5. should descend unto six Princes only; viz. to three spiritual and three temporal, unto whom afterwards the seaventh was adjoined, and solemnly concluded, that of these alone, without admitting any other thereunto (from henceforth the Emperor should be chosen) although they were of the like faculty, power, and authority.   

The 22. Article.  
LIke as in former time the Election was performed by virtue of the grant of Pope Gregory the fift. The same shall now at this present (by the same power proceeding from the good pleasure of the Popes transport) be effected by the seven. And like as in old time, the Popes commanded all the Chiefs and Princes of Germany, that they should choose an Emperor, even so at this time when need requireth, it shall be lawful for the Pope to command the seven Prince Electors, who do represent the Assembly of all the princes there. And like as the seven Prince Electors do enjoy a like power that authority of right, which in old time the Princes of Germany enjoyed: in like manner the Pope do enjoy wholly that authority which they had in the time of that Assembly, in regard that through process of years, or length of time, the vigour of the Church deminisheth not, nor the rights of the Apostolical seat do wax decrepit: How great then is the ignorance of those Doctors and Counsellors of the German Arch-heretickes, which neither know the antiquity nor the Rights: But according to their malicious conceit, are not ashamed to pervert the Antiquity and Sanctity of the Empire into novelty, and to bring order into confusion.   

The 23. Article.  
SInce than it hath been very amply proved, and shown to his Holiness, that the power as well of the new as of the old Prince Electors to Elect Emperors, hath been obtained by no other means, but from the most high Apostolical seat, which may be approved by the Writings of the most famous Authors, as jacob Winphilingis, Krantzius, Naucleri, Carion, Aventine, Cuspinianus, and other Transmontanian Writings, omitting the Italian Doctors, because that they in this point of controversy, might peradventure come in suspicion to be corrupted, and by that means might be rejected, of the German Heretics. Therefore it is, 
* The rest that should follow, must be taken from the former.  etc.   

The 24. Article.  
SInce the seven Prince Electors, by the public proofs of writings, subscribed with their own hands and Seals, do not deny that the faculty of Electing Emperors, is descended unto them from the Apostolical seat, & if the ignorant Counsellors of Saxon and Brandenburg, will not believe the same, the Writings themselves shall be produced and laid open before them, which do approve the same, dated in the year 1279. when Nicholas the third was Pope and Rudolphus. Hubspurgensis was Emperor, which are whole and good, in parchment, remaining with the Secretary of the Castle of Saint Angelo: where the seven Prince Electors most of them use these words. The mother Church of Rome in times past, as with a natural love embracing Germany, hath as with a present of temporal dignities honoured the same, with that which is above all names, only as temporally upon the earth, planting Princes therein, as godly Trees, and watering the same with a singular grace, and hath given unto them that growth of worldly power; that they being supported by the authority of the same Church, as a choice and famous plant, may cause to spring or grow up by their Election, him who hath the reynes of the Roman Empire in his hand. Therefore it is, 
* Here lacketh something which is to be conceived out of that which goeth before.  etc.   

The 25. Article.  
THe seven Prince Electors must confess to have this power from the Apostolical seat, like as sufficiently is proved in the former Article. And contrarily no man can take away the same; without the authority and consent of the same Apostolical seat. If it be taken from any, as being robbed thereof, it must not be esteemed as lawfully done, and that dignity which after that manner is so taken from one, and transported to another without the Pope's consent and authority hath no vigour, in regard the same is taken and given by them, whom in all right it is forbidden. Therefore if it be bestowed upon any man after this manner, in process of time, taking the right title, he shall not keep the same.   

The 26 Article.  
SInce that the transport of the dignities of the Prince-Electorship unto this present line of Saxon, is not established by the most holy Apostolical seat; Therefore the Pope and the Emperor for the dealing of the transport of the Electorship unto the Duke of Bavaria, shall not once be moved, but his exception against the Transport, shall not be esteemed for no exception: for that which is lawfully done, and simply is not done, is all one.   

The 27. Article.  
SInce that the transport of the dignities of the Prince-Electorship, is passed unto Maximilian Duke of Bavaria, and is confirmed by the most holy Father, Therefore it is no longer in the Emperor, nor in the King of Spain's power, to place that Arch-Heritick the Palsgrave, or his heirs in that dignity and dominion, out of which their Father is cast, nor to place him again in the Electorship, in regard that these Controversies do belong to the most holy Apostolical seat, and neither to the Emperor, nor the King of Spain.   

The 28. Article.  
SInce that the Pope both confirmed the transport of the Electorship: so is that demand (which the King of England, the King of Denmark, the Saxon, and the Brandenburgher, of the restitution of the Palsgrave into his dignities and Electorship) which they seek of the Emperor very unreasonable: for the requiring thereof is nothing else, but the detruding of the Apostolical seat (from the right of her Majesty, and to attribute unto the Emperor the fundamental original, contrary to the antiquity and Sanctity of the Church and Empire: And therefore the holy Father shall be wary, that from such like connivance there ariseth not a greater discommodity to the farther ruin of the Church.   

The 29. Article.  
TO the end than that the Essence of the Church may be preserved in her Antiquity and Sanctity: The most illustrious Prelates, the Cardinals, with one consent and accord have sworn, that the Holy Father having permitted the confirmation, on Maximilian the Duke of Bavaria: may not revoke the same without prejudice of the most holy Apostolical seat, and are bound by the laws of God, simply to maintain the aforesaid Duke of Bavaria with one common hand, with conjoined power of the whole Church, and with force of Arms, in the dignities of the Prince-Electorship.    

Here followeth the Censure, or Consideration upon the aforesaid Articles.  
HEre are presented unto us 29. Articles, from the Prelates of the Romish Church, whose Elegancy is not much to be commended, and do tend to the prejudice of Germany: for the better examination whereof, we will course through all the members or particulars, and to the end that no man may be bewitched therewith, we will administer unto the simple an Antidote against this poison.  
The beginning shall be of the three first Articles, wherein the Clergy of Rome do imagine unto themselves a most excellent growth as well of the jurisdiction, as of the Temporal goods.  
To speak in order of both these: I say the Pope for as much as he is Pope, hath no jurisdiction at all, but for as much as he is enriched by the liberality of Princes, he hath also his own lands, and hath a certain jurisdiction, which is well to be understood in his own lands: But in the Empire where he hath no place amongst the Princes of the Empire: no jurisdiction may be allowed him, without diminishing of the Imperial Majesty: Let no man suffer himself once to be moved for that which hath been so long said, that the Pope of Rome is in the place of Christ here upon earth. Christ himself denied that his Kingdom was of this world. The Disciple is not mightier than his Master, nor the servant greater than his Lord.  
What is more evident and plain, then that which Christ himself saith. Let the Kings of the Nations bear rule, but with you it must not be so: neither is that firmer that they hope for the victory, from the triumph, and other proofs, wherewith they have always defended their cause, that Christ said, All power is given me in heaven and in earth: Maldonatus refuteth this with these words. Christ speaketh not here of all power, but of that which he gave to the Apostles: that is of the power to obtain and gather together his spiritual Kingdom, for which business he sent out the Apostles; like as temporal Princes are careful of their temporal goods, so are they also of their jurisdictions. Here availeth that which the old Father Bernard wrote to Pope Eugenius, in his first book of Observations, Your power is over offences or sins, and not over possessions. These base and earthly things have their judges, Kings and Princes of the earth; wherefore dost thou enter upon other men's jurisdictions? Wherefore dost thou thrust thy Sickle or Sith into another man's Harvest? Moreover, he saith in his eleventh book, Dominion was forbidden the Apostles, darest thou then use it (A Lord) the Apostleship, or an Apostolical person dominion, verily both these are forbidden you, if you will enjoy both these at once. Therefore asketh Hostiensis, what shall we say of that which concerneth the Pope in worldly or temporal affairs? whereunto he maketh answer, with his Lord Innocentius, that unto him, viz. the Pope, it concerned nothing at all. The same also may the read by john Pariensis, in the tenth Chapter of the power of Kings and Popes. This is long ago told unto them, but they give it no audience, from hence ariseth the English complaint by Matthew Paris, where he treateth of Henry the third. That it is sufficiently known and found, that the wrath of God is fall'n upon the Romish Church, because their Magistrate and Regent, do not diligently apply themselves for the denotion of the people, nor for the gaining of souls; but to purchase Revenues, and to scrape money together.  
Other Nations used very grievously to complain thereof, and that with good reason, especially Germany, whose Princes long ago seeking remedy hereof, were not very acceptable, who could never satisfy the Romish Clergy, with riches and dignities: from this unsatiable gulf, also ariseth that they in the third Article, desire to cut off the conditions for their advantage, which for the common peace sake, were received above seaventy years since at Passow. But it is not in the Pope's power, not in the Clergy, to break that which was concluded by a general Council of the States, where the Authority of Charles entertained.  
Hear followeth the Censure upon the second part, which extendeth itself fare larger than the first, in regard that it not only showeth the Cardinalish Prince, but that which lieth next under. This aforesaid part containeth 20. Articles, in which they with the like proofs do proceed, as yet seemeth: yet their object indeed is something else, more than in the former. In which it seemeth to be sufficient to Michael Lonigus: That if the Duke of Bavaria could but be persuaded, that he would seek for the consent of the Pope, in those dignities where he was honoured. In such manner the chiefest Cardinals do take the reynes of good reason too too long into their hands; Nay, as Phacton upon the Wagon of their Avarice, to the great danger of the world, and more especially of Germany, do ride out of the common rout of the Popes: like as if it were a matter of no moment, to pronounce such an horrible sentence of the Transport of the Electorship of the Palsgrave, and the occasion thereof: whereof we will not now dispute, and so they fall aboard the Prince-Electors of Saxon and Brandenburg in the behalf of the Rights of the Election: what is it else but with the like thunderbolt to dash the heads of the sacred Empire? they say they are Heretics: It is now no time to inquire after heresy, but rather sound to dispute, whether that a Bishop like as he hath right to excommunicate a man for heresy; Whether therefore he hath the power also to rob and spoil a man of his dignities and means? verily therein is great difference: Christ commanded that the excommunicated should be counted as an Heathen or Publican: but in no place willeth he that men should rob the Heathens or Publicans of their Authority, or should spoil them of their goods. Christ himself paid Tole unto the publicans, and by his example, hath showed us the way what we should do. The Apostles lived under Heathenish Emperors, and were obedient to their laws: in like manner also were all their Successors: nay the Apostles being obedient, used to pray to God for them: There saith Tertullian in his Analogy, in the thirtieth Chapter, we invoke the eternal God for the prosperity of the Emperor, praying that he may have a long life, a peaceful government, an established habitation, strong Armies, faithful Counsellors, and a peaceful world: When julian left Christianity, and betook himself to Heathenism, did the Christians than detrude him forth of his Empire? When they hear of this, then will they contend with later examples, saying, Wherefore then may not the Pope, by the same right for heresy, transport the dignity of the Prince-Electorship unto another, since that Pope Leo the third, for the same occasion transported Empire from the Grecians upon the Francs? This is that Achilles which so boasts in the College of the Cardinals, but yet he is not strong enough to take in our City of Elium. They abuse themselves exceedingly with this example; first from the Act of the Pope, they conclude the justness of the Act, if we may so drive our Arguments, there is no Act of any man, but it may be found fault withal: they err also herein, that they affirm that to be done, which was never done.  
We know it all of us, that the Empire was transported, but withal that it was done by the council of Rome, as also all Italy consented thereunto, either privately or publicly. Of the western people I will pass over in silence; They say again that we have many Writers, which make repetition of that which Leo did; who denieth that: but they commend Leo, as being one of the chiefest citizens, and so had the greatest respect of any man in the City: they commend him also as being Bishop of Rome, who with his hands was to set up the crown, as being a sign or representation of the Empire; Therefore these writers were in no heresy, because they meant that either Leo did the same alone, or else principally could have done it. Many other who are no less in number, nor in respect then these, do relate unto us the clean contrary: they say expressly, that the same was done and performed according to the decree & will, as is aforesaid of the Council of Rome. Sigebertussaith in the year 801: The Romans now, who long ago had withdrawn their affections from the Constantinopolitan Emperor, as then finding very good opportunity, because that a woman, when the Emperor Constantine was deprived of his sight, governed them by his Son: then proclaimed they with one accord the Emperor Charles for their Emperor, they crowned him by the hand of Pope Leo, they styled him Emperor and Augustus. A popish writer Theodoricus de Niem, who afterwards was Bishop of Verden, saith, about the very time of the Coronation the people of Rome made a Law according to the old custom, but it was very troublesome to recollect all things that happened so often: therefore the sentence, right and power of the Empire, was left unto the Emperor as we find it written: then the people of Rome transported all this unto Charles, & gave unto him all their right and power.  
Blondus also in his first book, decad 2: and Aneas Siluius, or Pius 2. in Blondus his short relation: also jacobus Wymphelingies, in his short relation of the people of Rome, in the xi. Chapter, do affirm that the Coronation by Leo, was performed and done with the knowledge, and at the entreaty of the people of Rome. These are the words of Onuphrius Panuimus in fastis: Leo by the consent of the people of Rome, and at the entreaty of the clergy of Rome, proclaimeth Charles Emperor. So that from these and others who affirm that it was done by the Council, and the people of Rome; must those writers be interpreted, that they do not confirm, nor yet deny the same?  
How much more is it to believe that which is confirmed by witnesses, which is denied by none: than not to believe those which do confirm the same, because that all of them do not affirm, although there be no body that do deny the same: for after this manner writeth Michael Coccimmus very well, in his book of the transport of the Empire, we must believe that the same transport was performed, and had his power or operation from the consent and authority of the Romans, and other people of Italy. That which Innocentius the 3. wrote unto Bartold Duke of Zaringe, doth not contradict the same: That the apostolical seat of Rome, transported the Roman Empire unto the person of the famous Charles from the Grecians unto the Germans, for in this we consent: That the Apostolical seat upon no other meaning did transport the Empire, but that they who did transport the Empire, did consent thereunto, or else made declaration that they should transport the same. But such a transport hath had its power from the uniform consent of the people.  
Hence may very plainly appear in what manner the transport which Leo performed was done, and by this means that is very easily overthrown, which they say: That the Empire was transported for Heresy: the occasion of the transport is here formerly related out of Sigibertus: the true cause thereof was, because the Emperors of the East did neglect, or were careless of the Western Empire and authority: and so (as is aforesaid) did let it pass; this we can confirm and approve with very firm testimony; Lupoldus saith in his fourth book of the rights of the authority of the Empire, in this manner. The Grecian Emperor in the time of Carolas Magnus, nay before his time also, viz. when his Father Pepin, and his Grandfather Carolus Martellus lived, governed only with the name of the Western Empire: so that neither the Romish Church, nor the other Christian Congregations, nor those of the langobards, who were contrary to all law suppressed, could either by the Eastern Emperor, nor by their authority obtain any right in the Western Empire: so that the aforesaid Emperors made no account nor reckoning of the Western Empire, but held it loosely as a derelict, only commanding therewith the name, as appeareth in diverse Chronicles; Of the same opinion is johannes Parisiensis, in his 16. Chapter, writing of the Kingly and papal power. It was not done by the Pope only, but that it was the people's desire, who may subject themselves to whom they will, without prejudice to any other: and therefore that was done for a necessary reason, for to defend them against the Heathens and infidels, because they could not be defended by any other: which right they might do: for the people make the King, and the Army the Emperor. Aneas Silvius in his book of the rising, and authority of the Roman Empire, saith in the 9 Chap. At the last when the Grecians were careless of Rome, and leaving the same to be made a prey, and to be ransacked one while by the Barbarians, and also by others: the people of Rome, who with their blood had got such great riches, who by their valour had erected the Monarchy of the world, saluted by the name of Emperor, Carolus Magnus then King of the Francs, being a German borne, who delivered the City and the Holy place from the invasion of enemies: first greeting him with this title, Patricius: and afterwards Augustus: the Pope's good will and pleasure hereunto concurring. Also saith Navelerus in his 27. generat, in the year 800, upon the day of the Birth of our Lord, good deliberation proceeding: Leo the Pope of Rome, considering that the Constantinopolitan Emperors did very carelessly defend that name, and held the Western Empire as lost: he declared, with the consent of the people of Rome, Charles Emperor of the Romans, and crowned him with the Crown; when the commonalty of the Romans three times cried out aloud, Carolo Augusto, etc.  
Paulus Aemilius in his History of the Francs, saith thus: The Majesty of the Emperors was now at this time, and before very slight; and there after he saith: the principallest of the Romans being of another courage and audacity, gave their voices, that the seat of the Empire being (as it were void) and possessed of none: as if it had been God's will, and had been so ordained: should be invested with the King of the Francs, because that he by his service which he had done for the Church, had well deserved the same: and that they were obligde and bound to him, etc.  
Michael Coccimus speaketh yet more plain concerning the transport of the Empire, saying: When the Romans, and almost all the people of Italy by process of time, and the Invasion of many Nations and pillagings, as being subject to the Goths, Vice-Gothes, Humes, and Longbardes, and being not able with their own forces to defend themselves, and the Grecians taking no care at all of them for the performance thereof: nay that which is more, they themselves heaping evil upon evil, and using all diligence to suppress and spoil them, using to great avariciousnesse and desire of authority over them; they marking the excessive covetousness of the Grecians, and also their carelessness: observing also the worthiness, capacity, and equity of the Germans: they transported the Empire from the Grecians unto the Germans, and recommended the same to Carolus Magnus; This transport of the Empire being effected by the Romans, and other people of Italy, and that with the common consent and authority of them all, out of all doubt had full power, and hath remained firm.  
Hence appeareth plain enough, that they are either fools, or else are much deceived, which think that the Empire was transported to the Francs for heresy.  
This also is worthy consideration, that although the Eastern Empire was transported by Pope Leo to the Western, that the Pope hath now the same right to remove the Empire according to his will. In old time it was otherwise then it is now. Let us grant that the Pope of Rome had some right, as the best qualified citizen of the city; nay that the City (which never yet was done) had transported all her power unto him, what doth that concern these our present times, since that the Pope hath driven the Emperor out of the dominion of the City. After what manner (say I) hereafter shall either Rome itself, or the Pope of Rome pretend any right in the electing of an Emperor, since they do not acknowledge the Emperor for their Lord; yea since it is acknowledged that the prince Electors are to be ordained by the consent and voices of the States, and this is by the approbation of Gregory the 5; hath not the Pope lost his right when he consented hereunto? so that hereby that authority which the Pope ascribeth to himself is quite overthrown. What a number of proofs might be produced against this power of the Pope? yea also the testimony of principal personages, who by reason of their learning, are exceeding famous.  
Here followeth the third part, which falleth very grievously both with tooth and nail upon the bodies of all those that dislike the sentence of the Pope, and that consisteth in the three last Articles.  
And first that is touched which concerneth the election, that is, the right of voice is taken from the Prince Elector the Duke of Saxon; under this pretext, because forsooth the Pope of Rome hath not confirmed that dignity wherewith that family for these many years hath been invested, nor is it confirmed by the Pope: as if that illustrious Family had not been so wise, as never to have required the same of the Pope. It is but too well known unto them, that they whom the Hope glorieth to have honoured with the name of Empire or Authority, that he taketh away from them the majesty of authority: so that his investing may well be called disrobing, and his crowning a dethroning or deposing. For I pray you, of what consequence is the confirmation of the Pope unto those whom he drives into a bodily fear, if he had no temporal power? It is such as Origen long ago understood to be; which he taught, as appeareth by his writings upon Matthew, on his twelfth Homily: Among you which are mine, these things shall not be; to the end that those which have any power in the Church, do not seem to domineer over their brethren, nor to use any authority. For like as a necessity is imposed upon temporal matters, and not left to the will; and spiritual matters in will, and not in necessity: so shall the dominion of spiritual Princes be confirmed in love, and not in bodily fear. If therefore the power of the prince Electors be from the Pope, because that the Imperial power is from him, as our adversaries affirm: how can they prove that the dignity of the prince Elector must proceed from the Pope, if it be not needful that the Emperor be confirmed by the Pope? There is a text that saith, The Army maketh an Emperor. The Gloss saith thereby, He is a right Emperor before he be confirmed by the Pope. This they of Basil understood very well; who after the death of Lodowicke, where the Lord of Bambergher chief Precedent made this answer: That Emperor which the prince Electors shall ordain for us, him will we accept of, although he have no respect unto the Pope. This appeareth in supplemento Vrspergensi. Nay that which is more; the Pope himself confesseth, that not the Empire itself, but the Imperial title rested only in him. Pope Adrian the fourth, in his Epistle to the Archbishop of Ments, Tryer and Cullen, saith: The name of the Emperor is from the Pope, but the Empire and Authority cometh from the prince Electors. Hence then is confuted that which is said in the 27. Article, since that the Pope hath confirmed the Duke of Bavaria in the dignity of prince Elector, that then not only the King of Spain (who is there mentioned) but also the Emperor is bereft of the power to restore again unto the Palsgrave his hereditary possessions and the dignity of the prince electorship. For if the Pope hath no power in the affairs of the Empire, then shall the Emperor by his doings not lose his right, much less any other Prince, if he before the Pope's deed had any right of suffrage.  
I am forced to stop my ears by the reason of that extreme proud and ambitious affront which is set down in the 28 Article: That although the two most puissant Kings of Great Britain and Denmark, or the two illustrious prince Electors of Saxon and Brandenburg should require of the Emperor that the Palsgrave of the Rhine might be restored again unto his hereditary possessions and dignity of prince Elector, that they then rob the Seat of Rome of the right of its majesty, and did attribute the power of the prince Electors dignity unto the Emperor. The Pope of Rome doth very falsely attribute that Majesty unto himself, which appertaineth to the Emperor, and to the Princes of the Empire and the States. Very falsely is the Pope of Rome called here, the Fountain and Source of the prince Electors dignities, because that power is sprung out of the Council of the German Princes. Like as Naucleius saith, Generate. 34. The writer Theodoricus Niemus useth these words: The Princes of Germany have ordained it so. The very same also do other writers affirm. Neither do I deny that it was with the approbation of Pope Gregory the 5. Therefore the temporal dignity is not chiefly from the Pope, for not the Pope, but the princes of the Empire do represent the whole body and people of the Empire, in whom immediately, as in the subject the temporal power consisteth.  
Nicholas Cusanus in his third book of the catholic concordance, in the 4. Chap. In my judgement judgeth very well thereof, writing in this manner, saith: The prince Electors, who elected in the place of others, were (in the time of Pope Gregory the 5, being a German) ordained of the natural kindred of Otho and therefore it is not tolerable that the prince Electors should have their power of electing from the Pope of Rome; (so that now, unless he consented these should not have it: or if he would, that he would take it from them.) I ask, who hath given the people of Rome power to elect an Emperor, but the Law of God and nature; for by way of a voluntary subjection, and consent in predecedencie, all sorts of governments are well and holy instituted: and afterwards there he setteth down yet something else; the prince Electors that were constituted by the general uniformity of voices, of all Germans and others belonging to the Empire: in the time of Henry the 2. had their fundamental power from the general consent of voices of all, who by the law of nature might choose themselves an Emperor, not from the Pope of Rome himself, in whose power it is not to give to every province a King or an Emperor when it pleaseth him, and when it doth not please him.  
Lastly, the Articles were sealed up with this Oath. That the Pope himself, without prejudice to his seat, may not revoke the Electorship from the Duke of Bavaria, since that he hath confirmed him in that dignity; nay, that all the Prelates of the Romish Church, are bound with force of Arms to maintain the Duke of Bavaria: and yet more, that all those that are of the Romish Church, are bound to bring all their force together to maintain the same. So that the Romish Clergy disdaining the prerogative of Kings and Princes, doth very boldly determine and decide these controversies which arise in the Empire, and threatneth to force them by war who are not content with the Pope's sentence; How ilsavourly these things do suit and agree with Pope and Clergy of Rome, is showed unto us in that famous place of Peter Damianus, who lived in the year 1060, his words in his Letter unto the Bishop Firminus are these.  
Like as the Son of God himself did overcome all the obstacles of this raging world, not by any proof of vengeance, but by constant patience, and invincible Majesty: so sitteth it best that we rather suffer, and patiently endure the world's raging with humility: then either by taking Arms in hand, or requiting wounds with wounds: especial since that between the Empire and the Priesthood, the offices are several; The King shall use the temporal Arms, the Priest shall put on a spiritual sword, which is the word of God; Paul saith of the princes of this world, that he beareth not the sword in vain, being a Minister of God, and his revenger in wrath, upon him that doth evil. King Azarias, because he took upon him the Priest's office, was stricken with Leprosy: so that Priests which shall take up Arms, (which is the work of the Laity) what deserveth he? If now any man would object, that Pope Leo oftentimes thrust himself into wars, and yet for all that was a just Pope: I tell you mine opinion. Peter never obtained the Apostle-ship because he forsook his Master; Nor David the gift of prophesing, because he defiled another's man's bed. Here is not to be considered of good and evil things according to the desert of the possessors, but they are to be judged according to their own qualities. Do we read any where that Pope Gregory, who endured so many roberies and pillages of the Longebeards, either did or wrote the like; Do we read any where, that any of the holy and worthy Popes did ever take up Arms to make a war: no never in no place; grant then that the Laws of the civil Magistrate may narrowly fift, pry, and determine any certain question which ariseth in the Church: or else determine and judge of that which concerns not the judgement seat of the civil Magistrate, by an Edict of the Council, or an assembly of Divines: to the end that either by the judgement of the Magistrate, or the judicate of the Pope, there arise no war which might be accounted to our shame.  
The Clergy men of Rome are altogether of another opinion, practising and endeavouring almost nothing else but war, not only with their Arms, but also threatening others, and whilst they are doing this, they are not ashamed to affirm, that they are bound thereunto by the Laws of God; Let them observe what Christ commanded the Apostle Peter, to put up the sword into the sheath. Where hath ever God commanded the Clergy, that they should intermeddle in matters of temporal dignities, or should undertake wars: much less that they should blow the Trumpet, or beat Alarms as they do now. (have I the desire of Dominion their God) Observe diligently I pray you, that bloody Oath intended by all the Prelates, to the end the fashion of the ancient and holy Church might be maintained entire, like as if the fashion of their Church now were, as it was wont to be in former times; Let us read that which Tertullian, Ambrose, Augustine, and other Writers, who subject the Clergy under the power of the Temporal; Pope Gregorius Magnus, writeth himself unto the Emperor Mauritius these words: I the unworthy servant of your piety: and a little after he saith yet farther, To this end authority is given to me from heaven above all men, that belong to my Lords the Emperors for piety cause; When as the said Mauritius, would have that Pope Gregory should publish a law which he had made: and this Pope adjudging the same to be unreasonable, and opposing the liberty of the Church: he therefore did not blaspheme against the Empire, but was obedient unto the command of the Emperor his Master, not dissembling to speak his mind and opinion of the Emperor's Law: these are the Popes own words: I being subject to authority, have sent these Laws into several quarters of the world, and because they are not agreeable to almighty God, I have communicated the same unto the Illustrouse Lords, by amissive of my own opinion, so that I have fully discharged my duty on both sides: showing as I am bound obedience to the Emperor: and not concealing my opinion in that which concerneth God.  
Here ought we to observe, how cunningly and craftily the College of Cardinals observe and aim at the example of the ancient holy Church, chief in the time of Pope Gregory the 7: under which this lurketh, that this Pope Gregory was the very first who durst ascribe & take unto himself the right of the Empire; At what time (I pray you) lived this Pope? about the year 1100. is the antiquity whereof they boast; I may affirm with Tertullian, that this is novelty; what holiness was there in those days, when all manner of fractious, cussennings, frauds, deceits, and villainies had their full swinge: and to write much thereof would be to dangerous, and be no honour to Christendom; Like as the Writer of those times affirmeth in the days of the Emperor Henry the 4. It is very well known unto all men, what Cardinal Benno hath written and translated of that Pope: (although Cardinal Bellarmine judgeth that the same was wrtten by a Lutheran;) In like manner, it is also but to well known by other Writers, who have painted out in lively colours this Pope Gregory even to the life. A certain man named Orthamus Gracious, very much addicted to the Romish Church, was the first publisher thereof in a book, wherein are contained very many remarkable observations: out of the actions of this Pope Gregory, the College of Cardinals, in the 19 Articles do conclude the Pope's authority, and not out of these actiones only, but also of other Popes who have dealt most tyrannically with the Empire. One could also hit the Cardinals in the teeth, with that which Cardinal Bellarmine in his second Book of the Popes of Rome saith, in the 29. Chap. upon the 4. Argument, viz. That the Christian Emperors have oftentimes been judges of the Popes: whereunto very subtly he inferreth or answereth; That these things have been done, but how well they have done the same, and by what right, that they themselves shall answer.  
It is indeed much to be wondered at, that the Clergy men are grown to that pass, that they so stoutly attempt that which all the world hath in abomination, and with such polluted hands to lay hold upon the most famous state of the Empire. We observe also how shameless the College of Cardinals are, willing that we (from the evil lives and wicked actions of deceased Popes) should conclude how great the authority of the Pope is: at least they need not to be so contumelious, and arrogant against those Emperors, which in former times the Popes have acknowledged to be themselves servants of the Emperors; The Pope also aught to have in consideration that he by means of the Empire hath obtained so great riches, and now by the greatness of his power, and all manner of sensuallities, blindeth the eyes of many temporal princes.  
How blind are the men of this age, when the Sun shineth so bright, how little do they know or think what will fall out in the end; he hath got so great treasures from those of the Empire, to the end that he wanting nothing, might give the better lustre unto his religion: now abuseth he these gifts, by driving the Empire into a great fear. He is enriched with earthly countries, to the end he should enrich us with the heavenly, and now they serve him to take away our earthly; He is enriched, to the end that by his religious care, we might live in greater security in the Empire: now he careth not for that, although there be trouble raised in the Empire, so he may live bravely and laciviously; This is the reward of perverted liberalty: so that for many ages it hath been very truly said: Religion brought forth riches, and the Daughter hath devoured the Mother.  
You props and pillars of the Empire, (most Illustrious Emperor, Prince's Electors, Princes, and States) tolerate no longer this triumph and pride of the Romish Clergy: you see how boldly they violate the laws of the Empire, they limit your established law, and prefer unto you that which they do but think and invent: leaving unto you the bare name of the empire, but have drawn the majesty thereof long ago to themselves.  
What will this work in the end, if you be content any longer with patience to behold or look upon the same, never think that they will omit to increase theirs, and decrease yours; You have heard how they threaten you, and what they intent as enemies to prosecute: and you know that the abominable deeds which the Popes have performed against the Emperors, do serve them now for very fair examples.  
Since than it is not yet to late, take council providently, that the Romish Cardinals in the end may be glad to leave their affronts, and their proud courage may quail, undertake firm and substantial courses, that their dissolute and insolent desire of dominion may be restrained and bridled: then shall the Majesty of the empire be preserved: whereunto Almighty God give you his blessing in all your consultations. from whom you have received the possession and government of the Empire.  
FINIS: