JURISDICTION REGAL, EPISCOPAL, PAPAL. WHEREIN IS DECLARED HOW THE POPE HATH INTRUDED Upon the jurisdiction of Temporal Princes, and of the Church. The intrusion is discovered, and the peculiar and distinct jurisdiction to each properly belonging, recovered. Written by GEORGE CARLETON. JOHN 18. 36. My kingdom is not of this world: if my kingdom were of this world, my servants would surely fight. LONDINI Impensis johannis Norton. 1610. THE CONTENTS OF THE SEVERAL Chapters of this Book. THe state of the question. CHAP. I. That Kings in the time of the law of nature had all Ecclesiastical power both of Order and jurisdiction. II. external coactive jurisdiction is a right belonging to Sovereign Princes under the law. III. external coactive jurisdiction was not left by Christ to his Church, nor practised by the Church all that while that the Church was without Christian Magistrates. FOUR Of the estate and jurisdiction of the Church from the end of the first three hundred years, until the year of Christ 600. V. Of the estate and jurisdiction of the Church from the year of Christ 600. until the conquest of England. VI How the Papal jurisdiction was advanced from the time of the conquest, and somewhat before, until the year of Christ 1300. containing the means of raising that jurisdiction by forgery, Friars, Oaths: and the parts of the pretended jurisdiction, investitures, Exemptions, laws imposed, Appellation, deposing of Kings, and absolving their subjects from faith and Allegiance. VII. How this jurisdiction, after it was thus declared by the Pope's Clerks was refuted by the learned men of the Church of Rome, and repressed by Counsels. VIII. TO THAT MOST REVEREND FATHER IN GOD, MY VERY GOOD LORD, THE Lord Archbishop of CANTERBURY, his Grace, Metropolitan and Primate of all England, and one of his majesties most Honourable Privy Counsel. IOb the man of God, (most Reverend Father in God) entering into the meditation of the care, labour, danger and deliverance that we find in this present life, compareth it for danger to a warfare; for care and travel to the days of an hireling: job. 7. 1. which estate as every member of the Church findeth in this life, so the same is much more apparent in the whole Church, which for the time of her warfare here, as she is, so is called, militant. As this assured and expected warfare from the beginning hath kept the Church in continual exercise and watch against many and strong adversaries: so toward the end of this warfare, that is toward the end of this world, the adversaries growing more skilful, more bòld and desperate then before, the warfare must of necessity be made more dangerous. The greatness of which danger may draw the governors of the Church to a more sensible apprehension of their duties, who according to the danger of the Church, cannot but understand that their care, industry, vigilancy, and courage must be increased for the preservation of the peace, and good of the Church of God which they govern: so that the malice, industry and desperate attempts of the adversaries, are to them so many provocations stirring them up more carefully to watch. Which care hath singularly appeared in your Grace, who as a General in this warfare have given no rest to yourself, but by preventing the purposes of the enemies by espying their secrets, by answering their present encounters, by encouraging inferiors, have declared your careful service in this warfare setting the battle in order and encouraging every soldier in his proper standing, and place: under this conduct have I undertaken this piece of service for the opening the truth of ●…urisdiction of late so much oppugned, defaced, and confounded by the adversaries. Wherein as I can not promise any worth of my service, so I shall be able with a good conscience to challenge the reward of faithful and sincere dealing. The question I confess, requireth a man as skilful in distinguishing this confused mass of jurisdiction, which they now have cast upon the Pope, as Archimedes was in examining the gouldsmithes' fraud, who having received a certain Weight of gold of Hiero King of Sicily to make a golden Uitrwius lib. 9 cap. 3. crown which he would offer to his Gods; stole away much of the gold, and put silver in the place thereof, rendering to Hiero his true weight again. To examine this fraud without melting of the crown, was a work to exercise the great wit of Archimedes himself: such is this mass of jurisdiction, wherein fraudulent workmen (as they who confound gold, silver, copper, and brass together) have taken the jurisdiction of the Church, and of kings; and mingling both together, adding much of their own dross thereto, have made it as a deceitful crown to offer to their great God, to set it upon his h●…ad. To distingu●…sh this confused ma●…se, & to give to each his own right, was a thing wherein I found the greater difficulty, because none of late years hath trodden this path before me, whose footsteps might have directed me. For the question of the Supremacy is handled learnedly & worthithily by others, who though they have given some light to this question of jurisdiction, yet they do it but in some passages, not handling the question fully and purposely, but by occasion sometimes falling into some parts thereof. Wherefore I thought it would be a necessary service to the Church, if this thing might be truly brought to knowledge, and the fraudulent confusion of t●…is crown of jurisdiction standing upon the proud head of the Pope examined & distinguished, the silver severed from the gold, and the dross from both. As jurisdiction lay thus confounded by those false workmen of Rome, so at the first trial of it, when it was examined by unskilful and deceitful triars, who fet the rules of their trial not from the truth but from ambition and adulation, they taking upon them to be triars of truth, made things as bad or far worse by their handling then they were before: and so wrapped this question in new difficulties. For when Henry the eight took this title of supreme head of the Church of England, though the sounder and more judicious part of the Church then understood the words of that title so, as no offence might justly rise by it: yet they that were suddenly brought from their old opinion of perie, not to the love of the truth, but to the observance of the King's religion; retained a gross and impure sense of those words, as most commonly by such is retained to this day. For when Stephen Gardiner Bishop of Winchester was at Ratisbon in Germany Calvin in Amos 7. upon the King's affairs, he there taking occasion to declare the meaning of that title, supreme head of the Church given to king Henry the eight taught that the King had such a power, that he might appoint and prescribe new ordinances of the Church, even matters concerning faith and doctrine, and abolish old: as namely that the King might forbid the marriage of Priests, and might take away the use of the cup in the Sacrament of the Lords supper, and in such things might appoint what he list. This manner of declaring the King's jurisdiction, did so much offend the reformed Calvin in Amos 7. 13. Churches, that Calvin & the writers of the Centuries Praefat. in Centro. 7. do much complain thereof, and worthily, For the Bishop of Winchester sought not like a curious triar of metals to severe the gold from the silver and dross from both: but as he found this massy crown of jurisdiction upon the Pope's head, so he took it with gold, silver, copper, dross and all: and set upon the King's head: So that the thing which procured so much offence, was not the title, but the Bishop's false and erroneous declaration of that title. If any object against me: what then? will you take upon you to handle this thing, better than such a learned and prudent Prelate? I answer, the Bishop wanted neither wit nor learning for the opening of this point, but only a love to the truth: which love when I shall bring to this question, I find myself thereby so supported, that neither the perfections of other men, nor mine own imperfections can daunt me so much, as to cause me to give over the defence of the truth. True it is, that a more skilful Archimedes might have been set on this work, to distinguish the things that have lain so long confounded in this question; or the common help of many might have been combined, wherein our adversaries are now grown wiser in their generation then the children of light. And though it seem to be true, that an evil cause hath more need of helps: yet there is no reason that they who have the handling of a good cause, should in confidence of the cause neglect any help, that possibly they may attain unto. Albeit we must confess that the arm of God hath wonderfully declared itself by weak means against great. For if a man should look upon the means on both sides with an eye of flesh, he would think as Vzziah did, When the Ark was shaken, that the 2. Sam. 6. 7. Church could not possibly stand up by so weak means: For on the one side the Pope showeth himself with the riches of Saint Peter's great and potent patrimony, with the help of so many great Princes, with the council and policy of his Cardinals, with the armies of his Canonists, Priests secular and regular, but especially in these later years, of his Jesuits, who glorying so much of their learning, and filling the world with their vaunts, being supported by wealth and policy, abounding with all worldly means that their hearts can desire encouraged by preferments, march like armed troops entering a battle: On the other side a company of poor men, Luther, Bucer, Zuinglius, O●…colampadius, Martyr, Calvin and such like, v●…terly contemned of the Jesuits, bringing no other furniture with them, saving a good conscience, learning, and a love to the truth, seem to make a poor show without force, without glory. If God's truth were to ●…e upholden by human means, or if the servants of the truth were drawn to speak in the Church, as Lawyers are for their fees at the bar: then what hope could we have to stand against the Jesuits the Popes Lawyers, who by invincible clamours, facing and obstinacy, make not truth, but victory the end they aim at. But as there is great odds in the means on the one side, so there appeareth no less difference in the success on the other side: For by these weak and contemned means the world is subdued unto Christ, delivered from the bondage of superstition, wisdom is justified of her own children, and the truth triumpheth in the sincerity and godliness of weak means, against the malice, policy and strength of her prepotent adversaries. Which success compared with the means on both sides, doth manifest the arm of God to be in the cause, that groweth so much against the expectation of the world and means. For what other power could make so weak means prevail so much, against so great policy and strength, but the same power (though not in the sam●… measure) which by a company of poor Fishermen (despised in the world) subdued the whole world unto the obedience of Christ? As this success and blessing by the presence of God, hath been hitherto apparent in this cause: so the Jesuits take order that the same success and blessing may continually hereafter follow our cause, until it hath rooted out all the adversaries that make opposition against it: for what greater strength or advantage can be given to our cause, than the wickedness of our adversaries doth give? How often doth Moses declare to the Church of Israel, that the favour of God was so much declared towards them, not for their own righteousness, but for the wickedness of their adversaries? So that if we should stand still and look on, and hold ourselves in patience, our adversaries will work the means, by their own strange cruelties in their Inquisitions, by their profane and unclean conversation, by their gross Idolatry, by their horrible treasons and conspiracies against the lives of Princes, by their devilish devices for subversion of whole States at one blow, by their hypocrisy, falsehood and equivocations, and by that most admirable and exquisite villainy that ever was invented, in depraving, corrupting, altering and changing all ancient writers: by these, and the like practices of wickedness, they themselves will work the means of our success, and of their own destruction. And if the Prince of this world, and his first begotten had not blinded their eyes, and their hearts, they could not choose but see, and acknowledge the experience of God's favour and protection mightily declared from heaven upon our cause our Prince and State; and of late much increased and made apparent to all th●… world by their own wicked practices. Then the difference being so great in the means and in the success, so great also between our conversation and theirs, must needs declare a great difference between our hopes and theirs, our Religion and theirs: they have raised the Princes and armies of the world against us, when they pretended peace: we never used deceit or wrong against them: they have by barbarous devices attempted to procure our utter subversion, we desire heartily their conversion to God: they curse, revile, and baspheme us, we pray for them: this difference may show, where truth and Religion is; and might if they entered into the serious consideration of things, draw them to cease from all wicked attempts, to follow and embrace one truth, and to worship one God with us. But if there be no remedy, but that Princes and States must be oppugned by a perpetual league of Conspiracy from Rome: if nothing can satisfy them but the blood of Kings, than what remaineth but that the Princes of Christendom prepare themselves to that great battle, which S. john saith shall be fought in the plain of the earth against Gog and Magog. When God shall raise the spirits of princes Apoc. 20. 8. 9 to that work, he will open the way and give the success: for fire shall come down from God, out of heaven, and devour the enemies. Unto which service there is nothing so effectual to animate the princes of Christendom, as is this new and strange claim of the pope's jurisdiction over princes: which thing because it is so much pursued by the Popes and their flatterers, and only by them, as the great mark whereunto they address all their attempts; and the very sum of all their Religion: therefore I have endeavoured to open the whole, to distinguish the parts, and to set this question in such a light as I could, if not to satisfy all, yet at least to give an occasion to the judicious. I was desirous to leave no part untouched, that all might come to a trial, and am ready also withal, to bring myself to the trial, willing to learn and to amend any error, after that it shall be manifested by the truth to be an error: for which cause, I submit all to the judicious and godly censure of the Church. My care was also after my service to God, to perform herein a true service to his Majesty, by opening the jurisdiction of Kings: which I have done, not as they use to do who serve the Pope, respecting no other rules of that service, than his pleasure and their adulation, but I have disputed the King's right with a good conscience, from the rules of God's word, knowing that the noble disposition of his Majesty will admit of no service, whereby God or the truth is prejudiced. All which as I commend to your Grace's favour and protection, to whom God hath committed the care of his Church here, so with my hearty prayers, I commend your Grace to the fa●…our and protection of God; who enrich your heart with his plentiful graces, that as for your proper comfort and direction, you may enjoy them, so you may use them to the glory of God, and the comfort of his Church through jesus Christ. Your Graces to be commanded in all duty, GEORGE CARLETON. An Admonition to the Reader. IT may be thought strange, that so many are found to write in this contradicting age, one contrary to another: the truth cannot be on both sides, and therefore there is a great fault on the one side: the Reader that is desirous to try where the fault is, may be entreated to mark with advised observation some things, wherein our adversaries wanting either knowledge or sincerity, have broken all the rules of right writing, to deceive such as cannot judge (of which sort the greatest part consisteth) I do therefore entreat the Readers, especially such as read my Book with a purpose to answer it; to consider these things, wherein we challenge our adversaries for evil dealing, in this particular Controversy: First, In setting down our opinion, they make it not that which we hold, but another thing; and then make large discourses in vain: they should understand our cause as we deliver it: for we devise not their opinion, but take it out of their own books, especially from the Pope's Canons: Secondly, when they would refute us, they bring their own Canon law, which was devised in prejudice of the freedom of Princes, and is our adversary, and therefore cannot be our judge: Thirdly, When they produce the testimonies of ancient fathers, the abuse, for which we challenge them, is, that they will not understand the question: for the fathers write for the spiritual jurisdiction of the Church above Princes; which thing we never denied. But against the coactive jurisdiction of princes in matters Ecclesiastical: which thing we hold, the Fathers never w●…ote, but they are for it. If these things were faithfully observed (as they are all perverted in this cause by one that termeth himself the Catholic Divine) and if the truth were sought with conscience, and not prejudice maintained with resolution, men would never presume so much upon the simplicity of the Readers, nor in the confidence of their wit and learning, would they suffer themselves to be set to the maintenance of any cause whatsoever. Let me farther entreat him that would answer me, to enter into this short and serious meditation with himself, thus: Either my purpose is to serve God for the truth, and then I may look for a blessing upon my labours; or else to serve man though against the truth, and then I may look for a curse upon myself and my labours: let this Meditation rule thy pen and heart: I ask no more. Last of all let me entreat thee of courtesy, to amend the faults escaped in printing, with thy pen, thus. P. 2. Lin. 10. Or some others, superfluous. p. 13. l. 2. as, superfluous. p. 14. l. 29 for more read mere. p. 22. l. 28. the superfluous. p. 30. l. 15 for teached r. touched. p. 52. marg. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 73. l. 28 r. against the infringers of the privileges of the Sea Apostolic. p. 85. l. 19 thereto superfluous. p. 98. l. 27. full superfluous. p. 105. l. 8. r. M. Luther. p. 107. l. 2. r. M. Luther. p. 108. l. 16. r. M. Bucer. p. 108. l. 20. r. M. Antonius Flam. p. 109. l. 10. r. M. Chemnicius. p. 195. l. 19 Deposed by Pope Stephen, r. deposed or his deposition allowed by the consent of Pope Stephen. p. 198. l. 4. for the Bishops, r. some Bishops. p. 211. l. 11. for opportunelyr. opportunity. p. 228. l. r2. some report the poison to have been given in the bread, and some in the cup. p. 229. l. 31. for great r. greatest. p. 234 l. 15. for Frederic r. Lodovic. p. 234. l. 22. for Rhein's r. Rinse. p. 234. l. 27. for Rhein's r. Rinse. p. 236. l 19 general superfluous. p. 250. l. 28. r. adhaerentium, & adhaerere volentium. p. 262. l. 21. for ver r. viri. p. 272. l. 18. for choosing r. chosen. p. 272. l. 22. for to. r. in. p. 279. l. 30. no supe●…fluous. p. 294. l. 16. for cultus r. cultu. OF THE JURISDICTION OF PRINCES, IN Causes and over Persons Ecclesiastical. CHAP. I. The state of the Question. THe lawful authority and jurisdiction of Kings in matters Ecclesiastical, is now and hath been for some ages heretofore much impugned by such, who by usurpation having encroached upon the right of Kings, seek by all subtle and colourable devices to maintain that by skill and some show of learning, which they have gotten by fraud. All this mischief proceedeth from the Bishop of Rome, who usurping power, and taking to himself that honour whereunto God hath not called him, hath brought all authority Ecclesiastical and Civil into great confusion; by usurping the right both of the Church and of States. Now our desire being to open the truth, and to declare the lawful right of Princes and power of the Church: it seemeth needful first to set down what power is given to the Pope by them that flatter him: so shall the right of the King and of the Church better appear. 2 They yield to the Pope a fullness of power as they term it, from whence all Spiritual jurisdiction must proceed to others; some add also Temporal: of Spiritual jurisdiction De Rom. Pontific. lib. 4. cap. 24 Bellarmine saith [all Bishops receive jurisdiction from the Pope] The like some of them or some others teach also of Temporal power: the difference which they observe is, that Spiritual power is derived from the Pope to all Bishops: but Temporal power is given to execute some service. Augustinus Triumphus of Ancona, who wrote about three hundredth years ago, at the commandment of john 22. Pope, set forth of late by the authority and privilege of Gregory 13. did long before the jesuits dispute this question of the Pope's Sovereign authority over Princes: since which time the Friars have closely followed Lib. de potest. Eccles. q. 1. Art. 1. his footsteps. His assertion is, Omnis potestas imperatorum & regum est subdelegata respectu potestatis Papae. And again in the same place, Omnis potestas saecularis est restringenda, amplianda, executioni mandanda ad imperium Pap●…. These and the like positions are now resolutely and stiffly maintained by the jesuits and others of that faction. 3. This agreeth well with the Canon laws, which are the fundamental laws of the court of Rome. For thus they say: Nos tam ex superioritate quam ad imperium non est dubium nos Clement. lib. 2. de senten & re. iudic. Can. 2. habere etc. That is, [we aswell by that sovereignty and right which without all doubt we have to the Empire, as also by that power whereby we succ●…ed the Emperor in the vacancy of the Empire, and no less also by the fullness of that power which Christ the King of kings, and Lord of lords hath in the person of Saint Peter granted to us though unworthy: declare all such sentences and processes (made by Henry 7.) void and of Extrau. Com. lib. 1. de maior. & obed. c. unam sanctam. none effect] Thus saith Clement 5. Pope against Henry 7. Emperor. To the same purpose saith Boniface 8. Pope, in a Constitution of his. Oportet glad●…um esse sub gladio, etc. That is [one sword must be under another sword, and the Temporal authority must be subjecteth to the Spiritual authority: for when the Apostle saith: there is no power but of God, and the powers that are, are ordained of God. They could not be ordinated, unless one sword were under another: and a little after. Thus of the Church and of the power Ecclesiastical is verified the prophecy of jeremy, behold I have s●…t thee over nations, and kingdoms to pluck up and to root out, and to destroy and to jerem. 1. 10. throw down, and to build and to plant. And again, we declare, we say, we define, we pronounce; that it is necessary to salvation to believe that every human creature is subject to the Pope of Rome.] These be the laws of the court of Rome Answer to the fifth part of Reports. which some of late have so much adored as to call them Catholic Divinity, and which for truth and certainty, and for authority over their consciences, they hold comparable even with the holy Scriptures. 4. By all which we collect the doctrine of the court of Rome or the Pope's faction to be, that the Pope hath all power Spiritual and Temporal above all other whatsoever. This I call the opinion of the Court of Rome, or the Pope's faction, because we find the most learned of the Church of Rome to hold the contrary. For concerning spiritual power, the best learned of the Church of Rome, yea and whole counsels maintain the Spiritual power of the Church, to be above the Pope; as hereafter we shall declare. And for this Temporal power above Kings and Emperors, claimed by the Popes in their Canon Law, maintained by their flatterers: it seemeth so strange, so new and absurd, that they who maintain it, are not as yet agreed upon the state of the question. For some hold that the Pope hath this power directly over Princes, as the Canonists, to whom some of the Shoolemen may be added as Triumphus, and some of late called Congregationis Oratorij, as Cardinal Baronius, Bozius, and such. Others denying this direct power, hold that the Pope hath the same power but indirectly, as depending upon his Spiritual power; of this opinion is Cardinal Bellarmine, and others: these both hold the same conclusion, but differ in the manner of holding it. Others there be who are in some sort content to allow the Pope's Fatherhood in spiritual matters, in case lie would not prove incorrigible, but utterly deny this power over princes, both direct and indirect: of this opinion was Guil. Occam, Ma' silius Patavinus and other learned men of the Church of Rome. And of late Guil. Berclaius a French Lawyer, hath with great learning refuted both the former opinions, of the Pope's power direct and indirect against Bozius and Bellarmine, and yet this man professeth himself to be resolved to live and die a Papist: so that on the one side stand all the reformed Churches, and many of the best learned of the Church of Rome: I may say all the Church of old and of late. On the other side standeth the Pope with his faction, that is, his flatterers: and this I call (with some of former ages) the Court of Rome: this is the opinion of our adversaries. 5. Our positive sentence against this standeth in two parts, as the Pope hath encroached on two sides, both upon the right of Kings, and of the Church. Concerning the King's right, we hold that in external coactive jurisdiction the King hath supreme authority in all causes and over all persons Ecclesiastical aswell as Civil. This is that which hath been published by Injunctions An. 1559 and Anno 1562. diverse writings and ordinances, which by public authority have been enacted and published; declaring that the King within high Dominions hath this sovereign authority, and that herein there is no foreign power above the King. The authority of the Church hath been in like sort usurped by the Pope, by drawing to himself a supposed title of the head of the universal Church: by devising a strange authority in the fullness of power, by claiming a new and strange privilege of his not erring judgement, and making himself the only judge of controversies of faith. This power in judging and determining of controversies of faith and religion, being partly in the Church, partly in the Scriptures, the Pope hath wrested from both; first extolling the Church above the Scriptures, and then setting himself above the Church. Then, that the limits of each power may be truly known, we give all spiritual power to the Church, all external coactive jurisdiction to the King: when each of these shall have taken up his own right, there will not be so much left to the Pope, as these great flatterers the jesuits seek to heap upon him. Our purpose is first, to dispute the right which Kings have in coactive power over all persons and in all causes even Ecclesiastical within his dominions: by persons ecclesiastical we understand Archbishops, Bishops, Deans, Rectors, and all other set in calling and place Ecclesiastical: by causes Ecclesiastical we understand causes Ecclesiastical of external coactive jurisdiction. 6. From this consideration of persons and causes, arise two great questions. First, concerning the exemption of all causes Ecclesiastical, from the King's jurisdiction: secondly, concerning the exemption of Ecclesiastical persons from temporal audience and judicature. For the better understanding hereof, we may proceed by some distinctions: for when our adversaries teach that the Pope is the head of the Church: and we, that the King is the supreme governor of the Church, though in some sound of words, these things seem not much to differ: yet in truth there is great difference between their meaning and ours. For they calling the Pope the head, to distinguish him from Christ, whom the Apostle calleth the head of Ephes. 1. 22. the Church, say that the Pope is the ministerial head: which devise was first brought in by the Schoolmen: for among the ancients it was not known, but all that speak of the head of the Church before, acknowledge none but Christ. Concerning this devise of the ministerial head, we say with the ancient Fathers that the Catholic Church is but one, and hath one head, Christ jesus: because to one body there can be but one head, from whom grace is infused to the whole body. This Catholic Church is as that head is, both perfectly known to God, not to man: this than is but one in all times and places. But the visible Churches or particular, are many at many times, in many places: and therefore must have heads or governors, answerable to themselves: for many Churches, many governors, These are either Spiritual governors or Temporal. The spiritual government of the Church is committed to spiritual governors, as first from Christ to his twelve Apostles, of whom none was above the rest in this spiritual government or kingdom of Christ, as the Lord doth often Mat●…h. 18. 1. expressly declare to them: from them to Bishops and Pastors, Ma●…c. 9 34. Luke. 9 46. their successors. Temporal governors are such, as have the custody of external coactive jurisdiction, both in Temporal and Ecclesiastical causes: for the power of the Church, with all her spiritual jurisdiction, never reached to coaction. This was by God first given to Magistrates, and never revoked, in all times practised, but when the Church and Kings were oppressed by the great power of Antichrist. When we call the King the supreme governor of the Church, our meaning is, that he is appointed by God to be a Father and preserver of religion, a keeper of Ecclesiastical discipline, and Isai. 49. 32. as the Prophet Isaiah calleth him, a nourcing father of the Church; he is the sovereign in all affairs of coactive jurisdiction. Likewise this word Church, is not taken in the same sense by them and us; for our adversaries saying, that the Pope is the head of the Church: understand thereby the. Catholic Church spread over the whole world, but we understand a particular Church, yielding the King to be governor next and immediately under God of his own dominions, and consequently of persons and causes within his own dominions: so that there is much difference between their meaning and ours. Then we must come to such an issue, wherein without equivocating the question between us is set; for we shall otherwise run into that fault which is so rife, with the Pope's Clarks, that Bellarmine himself confesseth it. Notandum est (saith he) multos De eccles. militant. lib. 3. ca 13 ex nostris tempus terere, dum probant quod calvinus & caeteri haeretici concedunt. This is most common among them to be large in disputing that, which is not in question between us, and it is a sign of some ingenuity to confess it: but neither doth himself for all his confession avoid it, neither do they that write since, and depend upon his learning, shun it after so fair warning; neither in truth can a false cause be maintained, in so many books and large volumes as now they set out, unless they took this liberty to themselves, to be large in disputing things which are not in question. The question than is concerning the lawful authority of Kings in their own dominions, touching this part of jurisdiction which is called Ecclesiastical coactive jurisdiction. 7. For better proceeding, let the distinction be remembered, which is usually received of Ecclesiastical power: for all power Ecclesiastical is commonly divided into power of order, and of jurisdiction. The power of order, by all writers that I could see, even of the Church of Rome, is understood to be immediately from Christ, given to all Bishops and Priests alike by their consecration: wherein the Pope hath no privilege above other. Thus teach Bonauentu●…e in 4. sent. d. 17. q 1. August Triumphus lib. de potest. eccles. qu. 1. ar. 1. joh. Gerson li. de potest. eccles. consid. 1. Cardinal. Cusanus lib. de cathol. concord. 2. cap. 13. Cardinal. Contarenus' tract. de eccles. potest. pontificis Bellarm. lib. 4. de Rom. Pont. cap. 22. This then being the common confession of all, that the Pope hath no more power herein, than any other Bishop or Pastor, we move no contradiction in this. As they confess that in this power the Pope hath no pre-eminence, but that it is given from Christto all Bishops and pastors equally: so we confess that in this power the prince hath no part, and that Bishops and pastors have this power only from the divine ordinance, and not from earthly princes: then our question is only; of the power of jurisdiction. 8. This power of jurisdiction is diversly understood by the De potest. eccles. qu. 1. art. 1 writers of the Church of Rome. Augustinus Triumphus doth deliver it thus. [The power of jurisdiction is Temporal or Spiritual; and this power considered in general is threefold; immediate, derived, or given to execute some service: the power of jurisdiction immediate of all things Spiritual and Temporal, is only in the Pope. The power of jurisdiction derived is in Bishops, to them derived from the Pope: the power of Temporal jurisdiction given to execute some service for the help of the Church is in Emperors, Kings, and secular princes: this power is not immediate from God, but is given first to the Pope, and so to Kings for the use of the Church, and ●…elpe of Pope and Prelates]. I have delivered this in the ●…ery words of Triumphus, whom in this thing others follow: though of late some of the finer jesuits, who hold the same, are grown more cunning in the manner of delivering it. Bellarmine loath to leave the opinion, and ashamed so grossly to propose it, deviseth a mollification of it thus. Asserimus Ponti●…icem Lib. 5. de Rom. pont. cap. 6. ut ponti●…icem, et si non habeat ullam meré temporalem potestatem: tamen habere in ordine ad spirituale bonum summam potestatem disponendi de temporalibus rebus omnium Christianorum. That is, [We aver that the Pope, albeit he hath not any power merely Temporal as Pope, yet hath power supreme in respect of Spiritual good, to dispose of all the Temporalties of all Christians. And in the next Chapter concludeth, that the Pope hath authority to depose heretical kings and princes; and answereth to an objection, which I will set down in his own words. Quod si Christiani non deposuerunt olim Neronem, Diocletianum, julianum, Valentem & similes, i●…suerat quia deerant vires temporales Christianis. That is, [If Christians of old deposed not Nero, Diocletian, julian, Valens, and the like, this was because Christians then wanted Temporal forces]. They will shortly without blushing tell us, that jesus Christ also submitted himself to the heathen Emperors, and to their deputies, because he wanted power to resist them: for this they may say with some sophistical show of reason, aswell as that which they do say. Then his opinion is, that the Pope as Pope hath not any Temporal power, but yet the Pope and only the Pope hath Temporal power above all Kings and Emperors. This is one of the greatest points wherein the Pope hath encroached upon the right of Kings. 9 Besides this Temporal jurisdiction, there is another part of jurisdiction called spiritual: which the writers of the Church of Rome divide into internal, and external; internal they refer to the Sacraments only, Gerson de potest. ecclesi. consid. 1. Bellar. de Rom. pont. lib. 4. cap. 22. Bellarmine in the place last cited, disputing of jurisdiction, saith, [there is a triple power in the Bishop of Rome: first of order, secondly of internal jurisdiction, thirdly of external jurisdiction: the first is referred to the Sacraments, the second to inward government which is in the court of conscience; the third to that external government which is practised in external courts: and confesseth that of the first and second, there is no question between us, but only of the third: De primâ & secundâ non est questio, sed solum de tertiâ; saith he. Then of this we are agreed, that Lib. 4. cap. 22. de Rom. Pont. the question between us and them, is only of jurisdiction in the third sense, and therein especially of jurisdiction coactive in external courts: binding and compelling by force of law, and other external mulcts and punishments, beside excommunication: as for Spiritual jurisdiction of the Church, standing in examinations of controversies of faith, judging of heresies, deposing of heretics; excommunication of notorious and stubborn offenders, ordination of Priests and Deacons, institution and collation of benefices and spiritual cures, etc. This we reserve entire to the Church, which Princes cannot give or take from the Church. This power hath been practised by the Church, without coactive jurisdiction: other then of excommunication. But when the matters handled in the Ecclesiastical consistory, are not matters of faith and religion, but of a civil nature, which yet are called Ecclesiastical, as being given by Princes, and appointed to be within the cognisance of that consistory; and when the censures are not spiritual, but carnal, compulsive, coactive: here appeareth the power of the civil magistrate. This power we yield to the magistrate, and here is the question, whether the magistrate hath right to this power, or jurisdiction, which is thus described by the Romanists. What is the jurisdiction in question. external jurisdiction Ecclesiastical, is a power coactive given to govern Christian people in contentious courts: this is the principal question which we have here to search. Our English flatterers of the Pope that write now, and of late have written, undertake to prove that this jurisdiction is first and principally in the Pope, and from him derived to Bishops, and that Kings have not this power at all, or any part of it, unless by commission from the Pope: our assertion is contrary, that this power of Ecclesiastical jurisdiction external and coactive be●…ongs to Kings only, & not to Ecclesiastical persons, but as they ●…aue commission from their Princes. And because we would ●…ot be mistaken in the question, we will set down the words of the best of that side, for better evidence and assurance, who take the question thus, and not otherwise. john Gerson saith, Potestas De potest. Eccleconsid. 4. Ecclesiastica jurisdictionis in foro exteriori, est potestas Eccl●…siastica coactiva, quae valet exerceri in alterum etiam i●…uitum. Bellarmine speaking of the same power, saith it is, ad regendum populum Christianum i●… foro exteriori. 10. Then this is the thing which we are to prove, that Ecclesiastical coactive power, by force of law and corporal punishments, by which Christian people are to be governed in external and contentious courts, is a power which of right belongeth to Christian Princes. Concerning the power of orders, and institutions, of excommunication and deposition, and of internal jurisdiction in the court of Conscience, & in administration of Sacraments, & absolution by power of the keys; this we give not to Princes: but Princes, as they are preservers of Religion, and nurcing fathers of the Church, are to see that Bishops and all inferior ministers perform their faithful duties in their several places, and if they be found faulty to punish them; because that belongeth to external jurisdiction coactive. Thus much may suffice for the state of the question. For the manner of handling, I purpose to search the right of Kings; first in the law of nature, secondly in the written law given by Moses, continued until the coming of our Lord jesus Christ: thirdly to declare the confirmation of the same right by Christ and his Apostles, and the Church succeeding, until that time that the Pope drew a new estate and jurisdiction to himself. After which time I purpose to observe how the Pope hath encroached, first upon the Bishops, then upon the right of kings, and last upon the right of the Church and general Counsels. By all which will appear, how late, how new and strange that jurisdiction is, which the flatterers of the court of Rome now yield to the Pope. CHAP. II. Kings in the time of the Law of nature, had all power Ecclesiastical, both of order and jurisdiction. IN the Law of nature we have not many examples of Kings, that governed a people where the Church of God was planted: there is only mention of Melchisedecke King of Salem, of Gen. 14. 19 him it is said, Gen. 14. Melchisedecke King of Salem was a priest of the high God. In his person these two offices, the kingdom & the priesthood were joined; both which offices followed the prerogative of the birthright: for that this Melchisedeck was Sem, is the received opinion of many interpreters: wherein is some difference. Some take Sem to be the eldest son of Noah, but others from a probable collation of Scriptures hold him to be the second son: but whether he were eldest or not, it is apparent, and out of doubt by that blessing, Gen. 9 that he had the birthright: for Canaan is made Gen. 9 26, 27. his servant, which is the ancient style and evidence of the birthright, as is expressed in the birthright of jacob; & japhet is persuaded Gen. 27. 29. to dwell in the tents of Sem. Whereas therefore he hath that honour above both his brethren, the birthright is evidently confirmed unto him, Canaan being made his servant, and Ia●…het being directed to repair to his tents: for as then the Church was in tents. Sem having the birthright confirmed by his father's blessing, as jacob had by the blessing of Isaac afterward, hath consequently all those privileges confirmed to him which follow the birthright. The privileges which in the time of the law of nature followed the birthright, were these; The government or principality, the Priesthood, and a portion answerable to maintain both these dignities: the two former were principal prerogatives, the third followed as an adherent to them; a double portion answerable to a double dignity. The princedom and double portion are generally acknowledged to belong to the birthright: but the priesthood is not so much manifested, and would therefore somewhat more be opened. I will here briefly collect the reasons, which prove the priesthood to belong to the birthright, as well as the princedom and double portion. 2. First from reason it is deduced thus, It cannot by reason be imagined, but that God having a purpose to call a Church out of this world, did set up the government and means whereby the Church might be instituted in the true knowledge and wor●…hip of God: therefore this government and those means were set up in the law of nature, in those principalities which then stood. The fir●…t principality that was set up to rule many families, was a kingdom; as the first simply was in the government of a family: for before there could be a commonwealth, there must be a city, or the collection of many families into the lawful right of one society; and before there could be a city, there must be particular houses and families: so that the first government that was in the world among men, was the government of a family: now in the government of a family, it is absurd to think, and impossible to prove, that the power of government was in the multitude. This I observe the rather, because some of the Pope's flatterers of late, as others also to open a wide gap to rebellions, have written that the power of government by the law of nature is in the multitude: but every man of reason carrieth thus much light and understanding about him, as to judge of this thing without error. Because no man can conceive in the first beginning any other government of a family, then by one whom God and nature made Patrem familias, the father of the family. Now come from the government of one family, to the government of divers; when many families were gathered together, the first government that was erected among them, was that with which they were first and best acquainted: for as in families, so in the collection of diverse families, one was in government, as the father of the family was in his famiile. And what is a King by nature, but the father of a great family? and what is the father of a family by nature, but a little King? and therefore the first government of states by the law of nature, was by Kings. These principalities were first erected for the good of God's Church; to minister as nourcing fathers to the Church. Thus were Kings erected, not only by their authority to see that God's service were established, but by the law of nature to perform that service in their own persons. And therefore as Adam had this care first, so it is testified of Seth (to whom the birthright pertained after Cain was rejected) that in his time Gen. 4. 26. men began to call upon the name of the Lord, which declareth that he established the true worship of God in his days. 3. Another reason may be drawn from this blessing which Noah gave to Sem, [blessed be the Lord God of Sem, and let Gen. 9 26. 27. Canaan be his servant: God persuade japhet that he may dwell in the tents of Sem, and let Canaan be his servant.] In which words three privileges of Sem are manifested. First that God is called the Lord God of Sem, Secondly that Canaan shall be his servant: Thirdly that japhet shall repair to his tents. The first and last are confirmations of the priesthood, the second a proof of the primogeniture: then the priesthood is annexed to the birthright. Another reason is from the example of Melchisedeck, who was both King and Priest. In which example we consider that by the law of nature, before there was a positive law to distinguish and separate these offices, both did naturally concur in one person: for in this we understand the ordinary course held in the law of nature. If wicked Kings neglected this godly order, it was because they were wicked, and had shaked off the fear of God, and as much as in them was, extinguished the light of nature. Another reason may be drawn from the testimony of Moses, who witnesseth that the Lord took the Levites to minister in place of the first borne. [I have taken the Levites from among the children of Israel. And the levites Num. 3. 12. & 8. 6. shall be mine, because all the first borne are mine.] Upon which words Lyra reporting the received judgements of the best interpreters Lyra in Num. 3. 12. saith. Ante legem datam ad primogenitos pertinebat offerre sacrificia: and a little after, levitae successerunt loco eorum: and again to the same purpose, Cultus divinus ante legem datam In Num. 8. 16: pertinebat, ad primogenitos Israel: and again, Sacerdotium. In Gen. 14. suit annexum primogeniturae usque a●… legem datam per Mosen. 4. By all which thus much appeareth; that by the law of nature, the first borne stood in the ministery & service of God, to preach the knowledge of God to others, and to execute his ordinances and sacrifices. And as the first borne in families were thus to instruct and inform the whole family, so the first borne in a national principality or kingdom were bound not only to cominaund as civil magistrates, but to execute the holy ordinances of God as the chief Priests of that nation, as is evident by these reasons, and by the example of Melchisedeck. The same light may appear though much darkened, in the ancient Plato in politic. Arist. 3. de repub. Cic. 1. de divinat. Clem. Alex. stir. 8. government of the heathen, for even heathen Kings are witnessed in old times, to have been Priests of such gods as they served: which ancient combining of these two offices in one person, came from the ancient practice in the time of the law of nature, and from the light of nature which was received among the heathen. 5. But here a question may be moved, If Kings by the law of nature were Priests, and the law of nature stand always in force, not abrogated: why then are not Kings now Priests? For answer, first we say, that it was altered by a positive law of God, as hereafter we shall declare: and therefore the same authority that instituted this thing, hath also altered it. But it may be replied, that the positive law of God which hath altered this thing, was partly ceremonial, partly judicial: for these two dignities of the princedom and priesthood, which under the law of nature were combined in one person, were divided under the law of Moses, and distinctly set in two persons. Moses keeping the civil government, and Aaron the Priesthood. The government of Moses and his successors being more civil, The Priesthood of Aaron & his successors ceremonial; it followeth that this ancient ordinance of the law of nature was altered by such positive laws of God, which were either civil or ceremonial: and consequently that this alteration taketh not away the ancient right. 6. If I might therefore in a matter of this nature declare my poor opinion, leaving the censure hereof to the learned that are able to judge: I take it, that as it is not simply unlawful that a King may be a Priest, and nevertheless keep his kingdom: so I suppose this thing cannot be done without not only a lawful, but also an ordinary calling from God, and from Heb. 5. 4. the Church: [For no man taketh this honour to himself, but he that was called thereto, as was Aaron.] And this cannot be done without an ordinary calling: for when Kings were Priests, and the first borne sacrificers, as in the law of nature; then they had an ordinary calling thereto: for that was then the ordinance of God, & ordinary in the Church, which now is not. But if a man were first ●… Priest, and afterward advanced to a kingdom by some Temporal right: in this case it were assuredly unlawful for him to shake off his holy estate, and betake himself wholly and only to his Temporal government, as some Cardinals have done. Then by the law of nature the King had both the power of order and jurisdiction: and howsoever this is altered by a positive ordinance of God, yet all is not taken away: there remaineth still that part of jurisdiction, so far as it standeth in power coactive, in respect whereof the common law of this land 10. H. 7. 18. saith, the King is persona mixta, because he hath both Ecclesiastical and Temporal jurisdiction. 7. This example of Melchisedeck both King and Priest, hath much lifted up the Pope and his flatterers: for of this they take especial hold, and think hereby to prove the Pope to be King of the Church, because Melchisedeck was both King and Priest. But to this we answer, Melchisedeck had both these honours by a lawful and ordinary calling, but so hath not the Pope: for his Priesthood, we grant he had once thereto a lawful calling, both by local and doctrinal succession: which doctrinal succession Irenaeus calleth successionem principalem: Tertullian, doctrinae consanguinitatem cum Apostolica Ecclesia: Jren. li. 4. ca 43. Tertul. prescript. but now have they forsaken that principal succession, and have nothing left to glory in, but bare personal and local succession. Then to the office of a Bishop, the Pope may show some colour, though the colour be now worn threadbare: but to the princely office which he claimeth over the Church, he can show neither calling nor colour: so that the example of Melchisedek, which the Pope's parasites draw with such violence to him, doth help him nothing, but rather helpeth the cause of Christian Kings against him: for it is certain that Kings were Priests by an ordinary calling before these two offices were distinguished; but it can never be proved that Priests were Kings by such an ordinary calling, after that these two offices were set in distinct persons. If any man suppose that we have stretched the example of Melchisedeck too far, because he was a type of Christ: I answer, this is nothing against my purpose, that Melchisedeck was a type of Christ. For many men in their ordinary standing and executing ordinary functions, did also bear some type extraordinary: thus did Moses, joshua, David, Solomon, and others. I speak of Melchisedeck, as I find him in his ordinary place, a King, and a Priest. 8. By all which we conclude, that under the law of Nature Kings were in the beginning invested with all power Ecclesiastical both of orders and jurisdiction: and therefore these things are not incompatible by nature. All this time which lasted about the space of two thousand and five hundred years, Kings had Ecclesiastical jurisdiction without question. And therefore this jurisdiction of Princes, which we have undertaken to examine, is found answerable to the first government of the world, until the time of the law given by Moses. CHAP. III. All external jurisdiction coactive, was a right belonging to Kings under the Law. NOw let us search what jurisdiction in matters Ecclesiastical was found due, and acknowledged to belong to the King's right all that time under the Law. Then we find by an especial commandment of God: these two offices of King and Priest were distinguished, and set in two several persons: the one in Moses, the other in Aaron. And the tribe of Levi was taken to the service of God, Num. 3. 12. & 8. 6. in stead of the first borne by an express commandment: and the first borne which in number exceeded the number of the Lovites, were redeemed by five shekels a man: for the number Num. 3. of the first borne was taken 22273. the number of the Levites 22000. so that the number of the first borne exceeded the number of the Levites by 273. These were redeemed, and after that redemption, the first borne of other tribes were discharged from the attendance of the service of God, & the Levites took up their place. Now the King's office and the Priests being thus distinguished, we must consider what things did properly belong to each office. 2. First we find that Moses, who had the place of a King in government, as he is also called a King; doth consecrate Aaron Gen. 36, 31. the Priest. Moses is commanded to consecrate him and Deut. 33. 5. his son s Exod. 28. and performeth it, Leuit. 8. therefore it is repeated, Num. 3. These are the names of the sons of Aaron Num. 3. 3. the anointed Priests, whom Moses did consecrate to minister in the Priest's office. here than appeareth some jurisdiction of Moses over Aaron. But this I mean not to urge, for it may be thought extraordinailry to belong to Moses as God's Apostle or Ambassador and lawgiver unto Israel: for in such great changes, as was from the law of Nature to the written law, somewhat must be admitted extraordinary: and this I could be well content to understand so: though many doubts arise for the princes right, against the Priests. For first it may be objected, seeing there was a Prince and a Priest set up distinct one from the other, why should the Prince consecrate the Priest, and not the Priest the Prince? But here we find that Aaron doth not consecrate Moses to be Prince, but Moses doth consecrate Aaron to be Priest. Another doubt may be moved, why Moses should consecrate not only Aaron, but his sons also. For though we should admit the consecration of Aaron to be done by Moses of necessity, as a thing extraordinary at the first beginning of this Priesthood: yet this necessity appeareth not so much in Aaron's sons: for they might have been consecrated by Aaron, after that himself had been once consecrated by Moses. And yet we find that the consecration of Aaron, and his sons, is done altogether by Moses. These things though they make fair show for the Prince's jurisdiction Ecclesiastical over Priests, yet we purpose not to stand upon them. 3. But when the Priest was once consecrated and ordained, and all things fully perfected concerning his function, and two several and distinct functions set up: then will appear without fail in Moses & his successors the right of Princes, in Aaron & his successors the right of Priests. After all things thus perfected, we find that all the laws which in truth proceeded originally from God, were established by the authority of Moses: and this we find true, not only in judicial and Civil Laws, which were to rule that state; but even in ceremonial and Moral Laws which were to rule the Church. There is not so much as one ceremonial law established by the authority of Aaron, but in all the name and authority of Moses is expressed: only we find concerning Aaron, that if any doubt in the laws ceremonial did arise, for the interpretation of those laws and of such doubts, the high Priest must sit as judge. For the people are charged in matters that are hard, to consult with the Priest and civil judge, Deut. 17. 8. etc. Which the learned interpreters understand thus: that if the cause be mixed, partly Civil, partly Ceremonial, or doub●…full; that then both the Civil Magistrate and the Priest must jointly determine it: but if the people have distinct causes, some Civil, other Ceremonial, the Civil Magistrate must judge the causes Civil, and the Priest must judge the causes Ceremonial: from the consideration of which place we may draw certain inferences. 4. First, all Laws even Ceremonial, that is, Laws whereunto Spiritual or Canon Laws are answerable, are established by the authority of the Civil Magistrate. This taketh away all authority of the Pope's Canon law, in all Christian kingdoms, where it is not established by the authority of Kings in their kingdoms. For it is against all rea●…on, and rules; whether we look upon the light of nature, or upon the Scriptures, or the lawful practife of authority since the Scriptures were written, that any Laws should be imposed upon a Prince against or without his consent: as the Popes have endeavoured to impose the Canon Laws upon Princes. And this appeareth in the practice of Christian Magistrates, so long as lawful authority stood up without confusion in the world. But here we consider the fountain of that practice, which was from God's Law: wherein we see all Laws confirmed and established by the authority of the Civil Magistrate. And if it could be proved, that in some Laws Ceremonial the authority of Aaron was requisite, yet this helpeth them nothing that plead for the Pope's Canons. For these men would impose these Canons upon Princes without their consent: but in all these Laws of Moses, (wherein is a perfect pattern for all lawmakers) they cannot show one Law, though never so nearly concerning the Church, which is established without the authority of Moses the Civil Magistrate. If they object, these things were all done by an especial commandment of God, I answer this doth more establish the authority of Princes, and confirm our purpose: for let them answer, why God would have all these things established by the Civil Magistrate, and not by the Priest? This then maketh a greater and clearer confirmation of the Princes right. Then the Church may interpret Scripture, determine controversies of faith, but cannot establish a Law: the reason is, because for the establishing of Laws, coactive power is requisite, which is in the Civil Magistrate, & not in the Church. And therefore the Canon Laws can have no force of laws, but as they are received and established by Princes in their several kingdoms. For neither can the law have the force of a law without coactive power, neither hath the Pope any coactive power in the kingdoms of other Princes; but only in such places where himself is a Temporal Prince. 5. Secondly we observe that the high Priest is appointed by God a judge for interpretation of those laws that concern the Church, in questions of conscience, in causes mixed, or doubtful. This might moderate the humours of some, who in love to innovation would leave no place of judicature to Ecclesiastical persons: for these things are insert into Moses law, taken from the law of Nature, and not as things Ceremonial: which thing is apparent from the end, use, and necessity thereof: for the things which had a necessary use before the written law, and must have a necessary use after the abrogation of that law, must be acknowledged to be taken from a perpetual law: because there must be a perpetual rule for a perpetual necessity. This then being perpetual and necessary (matters of question, and of Ecclesiastical audience still arising) the hearing and judging of such things, belong to such as are most skilful in those affairs. And hence is the judicature of fuch things assigned to the Priest: which right of Ecclesiastical judgements and courts, standeth no less now due to them in the time of grace, than it was under the law: because this office in iugdeing, hearing, and determining, is not here given to Priests as a thing Ceremonial, but as I have declared, derived from the law of Nature, as a perpetual service for a perpetual use. 6. Thirdly we consider that the laws Ecclesiastical are established by the authority of the Civil Magistrate, but for interpretation of them the Priest is appointed to judge. Hence riseth the ground of jurisdiction both Temporal and Spiritual: we consider jurisdiction here as our question importeth, authority coactive in external judicature in the execution of laws. The fountain of this authority is in him principally, by whose authority the law is established, and without whose authority it is not. The execution of this authority is in them that are appointed judges. And herein there is no difference between Temporal and Ecclesiastical authority, I speak not now of Spiritual government by the laws of God, executed within the court of Conscience, but of Ecclesiastical government in the execution of laws Ecclesiastical, wherein there is use of coactive power. These two things being in themselves, and in nature so distinct, if this one distinction might be remembered, it is enough to answer all the confused collections of that Catholic Divine, who wrote of late against the fifth part of Reports of the Lord Cook. For all that he writeth there, resting upon no other ground, then upon the confounding of Spiritual and Ecclesiastical power, is answered in one word, by this one poor distinction between these two powers. Now the distinction is apparent: because in Spiritual government there is no coactive power: but in Ecclesiastical judicature there is coactive power: which maketh an evident and famous difference in jurisdiction: because this is most certain, that all that jurisdiction wherein coactive power is used, is from the Civil Magistrate. Then if these two governments, I mean Ecclesiastical and Temporal, be directed by coactive power, there is no difference in the point of jurisdiction between Temporal and Ecclesiastical authority. For the King and only the King is to appoint judges in matters Temporal and Ecclesiastical, the King hath no more authority in reversing the judgement of the one, then of the other, being true, just, and lawful. So that the King's jurisdiction standeth not in a power to dissanul true and righteous iudgemen, but in a power supereminent, by which he is charged: First, to confirm laws Ecclesiastical and Temporal, Secondly, to place judges for both causes, Thirdly, to see that those judges of both sorts judge justly according to right and equity, Fourthly, to punish them if they shall be found to give unjust and corrupt sentences, Fiftly, and last of all, his jurisdiction appeareth in appellations. 7. But here a question will be moved, whether a man may appeal from an Ecclesiastical judge to the Prince. For that one may appeal from a Temporal judge, I suppose it is not doubted, at least I see no reason why it should be doubted. But in a cause Ecclesiastical and from a judge Ecclesiastical to appeal to the Temporal Magistrate, of this some Romish Doctors doubt. This doubt which the Canonists have made, may be increased by that place, Deu. 17. 10. [Thou shalt not decline from that thing which they shall show thee, neither to the right Deut. 17. 12●…. hand nor to the left. And that man that will do presumptuously, not hearkening to the Priest that standeth before the Lord thy God to minister there, or unto the judge that man shall die.] It might seem to be collected hence, that there is no appellation from the Priest, no though he should judge as some Rabbins expound the words. I will declare their exposition because it savoureth much like the expositions of some Papists, where the text saith, thou shalt not decline to the right hand, nor to the left, they expound it; that if the Priest shall say thy right hand is thy left, or thy left is thy right: this sentence thou must receive Verse 11. and therein rest. 8. But this is a fond assertion, not only without reason, but against the express words of the Scripture: for it is said, according to the law which shall teach thee, and according to the judgement which they shall tell thee, thou shalt do. Where we find two rules for these two kinds of judges, the Priest and the judge: the sentence of the Priest, must be according to the written law: the sentence of the other according to the truth of justice and judgement. If a man be able to show that he is wronged, he may undoubtedly appeal to a Superior: now a man may be able to show that he is wronged, if he can show that the Priest declineth from the law of God, which is appointed his rule, or the Temporal judge from justice. And therefore if there be a Superior in the land, he may appeal: but if there be no Superior, he is without remedy; as when Hely was both Priest and judge: from him at that time there could be no appellation. but where the form of a kingdom is established, where one King is set up in lawful authority, by whose power judges Spiritual and Temporal are placed in his dominions: here appeareth a fountain of jurisdiction, derived as it were into two inferior rivers: and from these inferior powers appellation may be brought, if they shall not in their sentences, keep their rules prescribed to them, the law and justice: for the appellation being grounded upon the law of Nature, to moderate the perversity and partiality of judges, it were an absurd thing to deny this in causes Ecclesiastical, unless a man would suppose that persons Ecclesiastical may not be corrupt in their judgements. Now if we shall once grant appellations, then assuredly we confirm the jurisdiction of Princes in all matters wherein appellation may be made to them. And because jurisdiction is assuredly proved by appellation, we will for the farther manifestation of the truth, seek to clear this point: the rather bec●…use our adversaries tell us confidently, that in matters Ecclesiastical, all appellation belongeth to the Pope. The Popes say so, and they believe them: we hold that appellation in causes Ecclesiastical is to be directed to the King, who is by God set over the persons appellant. 9 In the Old Testament we have few examples, or none, that I remember; of any that appealed from any inferior judge Ecclesiastical to the Sovereign: but in the New Testament there is one example sufficient to confirm the truth. S. Paul Act. 25. & 23. being accused for causes Ecclesiastical, appealed from the high Priest to C●…sar. Therefore it is lawful in matters Ecclesiastical to appeal from judges Ecclesiastical to the Civil Magistrate. The consequence resteth upon this, that Saint Paul herein did nothing but that which he might do justly and lawfully: which thing I suppose the greatest enemy of Saint Paul's Doctrine, will not deny: for he came up to jerusalem with this profession and purpose. [I am ready not to be bound only, Act. 21. 13. but even to die for the name of the Lord jesus. Neither durst he for saving of his life, give a scandal to the Gospel.] The antecedent consisteth of these two parts, First that the matters for which Saint Paul was accused, were matters Ecclesiastical: Secondly, that therein he appealed from the high Priest: both are witnessed by the express words of the Scripture. For Festus●…aith ●…aith, [They brought no crime against him, but had certain Act. 25. 18 19 questions against him of their own superstition, and of one jesus which was dead, whom Paul affirmed to be alive.] These questions be out of doubt Ecclesiastical, even in the judgement of our adversaries: that he appealed from the high Priest, rescuing himself from his judgement, it is evident by the words in the twenty three Chapter, where the Apostle speaketh to the high Priest, as to his judge. [Thou sittest to judge me according Act. 23. 3. to the law.] And when he was rescued from the Priests by Lysias, and sent to Felix, and left by him to Festus: he never thinketh of appealing from any of the●…e civil governors. But when Festus asked him, if he will go to jerusalem, and there be judged of these things, then P●…ul utterly refusing the high-Priest Act. 25. 10. appealed to C●…sar: by which it followeth that in matters Ecclesiastical, a man may appeal from judges Ecclesiastical to the Sovereign Prince. Whereupon this undoubtedly followeth, that there resteth Sovereign jurisdiction in the Prince. And therefore the Popes & their flatterers understanding well, that Supreme jurisdiction could never be proved to rest in the Popes, unless first Appellation should be made to them, wrought by all subtlety, as hereafter we shall declare (by right or wrong they neither cared nor spared) to cause Appellations to be made to them: which thing when once they had obtained, that in all causes Ecclesiastical Appellation might be made to the Popes: then and not before, this opinion was r●…olued, that Supreme Ecclesiastical jurisdiction was in the Popes. And therefore we proving that Supreme and last Appellation doth by the law of God, belong to none but to the Sovereign Prince; conclude undoubtedly that Supreme jurisdiction belongeth to him only. 10. here a question may be moved, whether Saint Paul did well and orderly when he appealed to Caesar, and whether Caesar was made judge of these questions, which were Doctrines. We answer, Saint Paul had no meaning to make C●…sar judge of any point of faith. But whereas he was persecuted by the high Priests, who sought his life; in this matter of coactive power Saint Paul giveth jurisdiction to Caesar. There is also a difference between that power which heathen Princes have, and that which Christian Princes have: for heathen Princes have all power coactive whatsoever the cause be: and without this help the Church could never deal in matters of this nature. Christian Princes besides this coactive power, have also, as appeareth in the government of Israel, external discipline in matters Ecclesiastical. 11. Thus we have declared the distinct right of the King and the Priest, after that they were distinguished by the written law of God: we have proved that the Sovereign jurisdiction coactive resteth in the Prince by a right which God hath given, and therefore may not be taken away by man. It followeth to consider, how this right hath been accordingly exercised by the godly Kings of Israel. Ios●… commanded the people I●…s. 5. to be circumcised, and not Eleazerus, the cause was Eccles●…ticall, but to command in such causes declareth jurisdiction. 2. Sam. 6. David reduceth the Ark, he appointeth Priests, Levites, Singers, 1. Paral. 16. 1. Paral. 24. Porters to serve at the Tabernacle: he assigneth Officers of the sons of Aaro●…. All which being matters Ecclesiastical, the Prince as having sovereign authority in both causes 2. Paral. 6. ordaineth. Solomon buildeth the Temple, and consecrateth it. Asa removeth Idols, and dedicated the Altar of God that was 2. Paral. 15. before the porch of the Lord. jehosaphat abolisheth Idolatry, cutteth down the groves, sendeth Priests and Levites, to teach in Towns and Cities: Setteth up judges both civil and Ecclesiastical, and commandeth both to judge according to godliness, truth, and justice. Because in the words of jehosaphat, these things are distinctly delivered, we will observe the whole 2. Chron. 19 5 place. The words are these, And he set judges in the land throughout all the strong Cities of juda, City by City. And 6. said to the judges, take heed what you do, for you execute not the judgement of man, but of the Lord, and he will be with you ●…. in the cause and judgement. Wherefore now let the fear of the Lord be upon you, take heed and do it, for there is no iniquity with the Lord our God, neither respect of persons nor receiving of reward. Moreover in jerusalem did jehosaphat set of the Levites and 8. of the Priests, and of the chief of the families in Israel, for the 9 judgement and cause of the Lord, and they returned to jerusalem. And he charged them saying, thus shall you do, in the 10. fear of the Lord, with a perfect heart. And in every cause that shall come to you of your brethren, that dwell in your Cities, between blood and blood, between Law and precept, Statutes and judgements: you shall judge them, and admonish them, that they trespass not against the Lord, that wrath come 11. not upon you and upon your brethren. And behold Amariah the high Priest, shall be the chief over you in all matters of the Lord. 12. From which words, we collect thus much, concerning ●…he Kings jurisdiction, and the things wherein it consisteth. ●…irst the King appointeth and placeth both Temporal and clesi●…sticall judges, and commandeth and chargeth them so placed, to execute their functions faithfully, we infer upon this command in both alike, that he hath jurisdiction over both causes. But here let me remember a trifling objection, which Answer to the first part of reports, c. 9 some of our adversaries have devised of late, they would distinguish between command and jurisdiction: For they deny not but that all sorts of persons are under the King's command and government: whom he may command, each to do their Office, and yet they utterly deny the King's jurisdiction: and tell us that command and jurisdiction must not be huddled up together. Now let us consider what huddling is in this, when the King's command and his jurisdiction are set as things depending and cohaering one to the other. When we say the King may command, we mean plainly as we speak, that the King hath from God lawful authority to command, and to punish them that break his command: This is the common understanding of the King's command, But these Romish sophisters when they say the King may command, do not understand, neither will they acknowledge at any hand, that the King hath lawful authority from God, to punish the breach of his command: for they utterly deny that the King hath any authority to punish a Clerk, though he should break his commandment. And call you this a command? The King may command and go without, as the saying is. This is the devils sophistry, taken up by men hardened against shame, content to stoop down to gather up the meanest and basest shifts to dazzle the simple. The Jesuits resolve of this, as of a truth most sound concluded in their schools: That the King may not punish Ecclesiastical persons: that the King's Court may not hear, examine and judge them, though they should commit murders, adulteries, robberies, or what other wickedness soever. And yet they tell us, that the King may command them. Now to say one thing, and yet to let the world see, that they are resolved in the contrary: this savoureth strongly of the spirit of illusion, when reason, learning, honesty and all faileth, yet well fare a bold and hardened face, which never faileth this generation. 13. The truth is, if the King have not lawful authority to punish, he hath not lawful authority to command, and punish he cannot unless he hath authority to judge, or cause judgement to be done; so that they who take away from the King power to judge persons Ecclesiastical, take from him power to punish, and consequently power to command: but the Doctrine of the Papists this day, (as shall hereafter appear in his due place) taketh from the king power to judge persons Ecclesiastical, therefore, they rob him of power to punish, and to command; for nothing can more strongly take away the King's command, then to deny him power to punish and to judge. And yet they are not ashamed to tell us, that they deny not the king's command, but his jurisdiction. Then to leave these men with their absurd and perplexed contradictions: where the King ●…ay command, he may judge and punish the breach of that command, and therefore his jurisdiction appeareth in his lawful authority and command. Then by this charge and command of Iehosaph●…, is declared his jurisdiction in these causes, wherein he hath this authority to command: for otherwise the King's command is but as the word of a private man, or of a child, if he have not power to judge and punish. 14. Moreover whereas jehosaphat commandeth the Priests and Levites to judge between blood and blood, Law and precepts, statutes and judgements: In things that concerned questions of blood, as when blood was shed by casualty, in which case the party offending, had remedy by sanctuary, and the high Priest was the immediate judge; as also in matters concerning laws, precepts, ●…tutes, judgements, that is ordinances, ceremonial or moral: In these things stood the Ecclesiastical jurisdiction which then was practised in the Church, for to take that distinction which we must often remember in this question, it is confessed that all Ecclesiastical power is either of order or jurisdiction. In both which the King hath a part, b●…t differently: In the power of orders, the King's part and office, was to see that things of that nature were orderly done, and the breach thereof punished, but himself was not to execute any thing, whereunto the Priests were appointed, by the power of their orders, as to offer incense, etc. Wherefore Vzziah was smitten with leprosy for meddling with that part of 2. Chron. 26. the Priest's office. Now jurisdiction is divided into power internal, which as often we have said, belongeth not to the King; and power external: which power external when it is coactive, is nothing but that which we call the King's jurisdiction, though it be in matters Ecclesiastical. And this jurisdiction is here testified to be in jehosaphat, and from him derived to all, to all judges under him, both Temporal and Ecclesiastical. For as he commanded the Temporal judges, so in like sort he commanded the Ecclesiastical. And as the Ecclesiastical judges might reply (if they had been such as now these are of the Roman Clergy) that Ecclesiastical judgements were holy and the cause of God, and not of the King: so doth the King witness of Temporal judgements, for speaking to Temporal judges, he saith: you execute not the judgements of man, but of the Lord. Then Temporal judgements are the Lords cause aswell as Ecclesiastical, and herein they differ not. 15. Now this jurisdiction which is in coactive power we prove to be in the King, and only in the King. (I speak according to the form of the state of Israel in those days whereof we now speak, answerable to which is the Sovereign magistrate in any other state.) This right I say, we prove to be only in the King, and from him derived to other judges both Temporal and Spiritual, by these reasons: first the King, and 1. only the King commandeth both judges to do their duties in their several places, and hath lawful power to punish them if they do otherwise: therefore the King's jurisdiction coactive is over both sorts alike. The antecedent hath two parts, the first drawn from the express words of the Scripture in this text: the second followeth by a necessity. For the command of a King is ridiculous, and no command unless he have authority to punish. The consequence followeth by the very definition of jurisdiction, which will prove the second part of the antecedent. For this jurisdiction for which we plead, is defined by the most learned of the Church of Rome, authority coactive. If it be authority, it may command; if coactive it may punish: than it followeth, that where jehosaphat had first authority to command and last to punish, that questionless he had this Sovereign jurisdiction. 16. If against this any object, that the King may command in matters of orders, of preaching the Word, administering the Sacraments, etc. In all these things the King may lawfully command the parties to do their duties, and may punish them if they do otherwise: and yet no man will put the King's jurisdiction in these matters of orders, Preaching, Sacraments, etc. For answer, let me entreat the reader with attention to consider these three things: First to command, secondly to execute; thirdly to punish. jurisdiction standeth wholly in the first and last, and nothing at all in the second: that is, in authority and not in action. So that though the King should execute a thing which belongeth to his office, yet in the execution thereof, his jurisdiction should not appear, howsoever his wisdom, knowledge, and active virtues might appear therein: for jurisdiction is in the authority of commanding, and power of punishing, and supereminence that riseth from both. And therefore in the preaching of the Word, administration of Sacraments, the King hath no part; because therein jurisdiction standeth not: these things being matters of execution not of command: but the authority to command these things, by making or urging laws for them: and to punish the transgression by corporal punishments; this because it includeth coactive power, is in the Sovereign Magistrate only. If the Magistrate should either neglect his duty, as the heathen did; or command false doctrines to be preached, as the Arian Emperors did: in this case the Church hath warrant to maintain the truth, but without tumults and rebellion, and rather in patience to lose their lives then to forego any part of the truth. 17. Another reason to prove this Sovereign authority 2. coactive to be only in the King, and from him respectively derived to both sorts of judges, may thus be drawn. For the judges Temporal, there is not so much question made: all the doubt is of judges Ecclesiastical, the chief of which judges Ecclesiastical in the Church of Israel, was the high Priest. Then this jurisdiction whereof we speak must be confessed to have been principally and originally, either in the king or in the high Priest: but in the high Priest it was not, Therefore in the King it must be. That it was not in the high Priest, we prove by these reasons. The high Priest is commanded, corrected, punished and deposed by the King, and not the King by the Priest: therefore the Sovereign jurisdiction is not in the high Priest, but in the King. Again, the high Priests did never practise coactive authority, unless when they were Sovereign Magistrates, as sometimes the high Priests in Israel were, but as high Priest●… they had no such power: for the causes between blood and blood; which were of their cognisance, are by the interpreters underdood such cases, wherein a man was killed by chance, without the purpose, or against the will of the offender: in which case the high Priest might grant him the pr●…uiledge of sanctuary: and so deliver him from the avenger of blood: but he had no power coactive to inflict death, or such punishments at his pleasure: which truth was so constantly received and preserved in the Church afterward, that even in the greatest power & highest ruff of Popery, the Church of Rome did not take this full ●…oactiue power, but only proceeded to degradation, and then to deliver men up to the secular powers: which was a ●…ecret confession that they had no right to this power coactive, though they had usurped many parts thereof. 18. A third reason to prove this authority to be in the Civil Magistrate, is as I teached before, confirmed by the right 3. of Appellations. For in matters of coactive jurisdiction, a man might appeal from the high Priest to the King, as Saint Paul did to Caesar: which was utterly unlawful for him to do, unless he might as lawfully have appealed to a King, if that state of Israel had then been ruled by a King, as at other times it was. For that right which Saint Paul giveth to Nero, to hear Appellations, he would undoubtedly yield to David, or Ezek●…as, or any other godly King in his own Dominions. Wherefore it followeth, that either Saint Paul must be condemned for yielding an unlawful power to Emperors: or Kings must have the same privilege: which thing being admitted in matters Ecclesiastical, doth invincibly prove the King's jurisdiction in such matters. The same thing is also confirmed from those 4. words of the Apostle, he is the minister of God: and, he beareth Rom. 13. 4. the sword. If the Magistrate be the minister of God; then he hath full authority and jurisdiction from God, whose minister and vicegerent he is: if he bear the sword, he hath all power coactive: for coactive power doth always follow t●… sword, which God hath given to the Civil Magistrate to bear. Therefore joh. Chrysosto●… saith, Regi corp●…ra commissa sunt, sacerdoti anim●…, re●… maculas corporum remittit, sacerdos maculas peccatorum: ill●… cogit, hic exh●…rtatur: ille habet arma sensibilia, hic arma spiritualia. H●…m. 4. de verb. Esa. vidi dom. Then the true difference between the Magistrate and the Priest, concerning this point, is; Ille cogit, hic exh●…rtatur: so that coactive power is left wholly to the Magistrate. Ambros●… likewise speaking of the authority of the Church, and of Bishops, saith: Coactus 〈◊〉 n●…n novi, arma enim nostra preces sunt & 〈◊〉. ●…at, i●… Aux●…t: where he declareth the difference between these two powers, leaving nothing to the Church, but preces & 〈◊〉, wherein there is no coaction. In which sense Thomas Aquin●…s faith: vindicta quae fit auth●…ritate publicae potestat●…, s●…cundum 〈◊〉 judicis, pertieet ad justiciam commutativam. 2. 2. qu. 8. art 1. Therefore vindicative power or coaction belongs not to the Church, but the Magistrate that exerciseth co●…utatiue justice. 19 In regard of which high power Princes are called Gods. I Psal. 82. have said you are Gods. And because an adversary of late hath Mat. Tortus Papiensis. told us, that this name is given aswell to Ecclesiastical governors as to Kings: we reply, that it cannot be showed that this name is given to Ecclesiastical governors, but either where such governors have received authority from the Civil Magistrate, or where themselves are the chief Magistrates: so that it is a name given in respect of Sovereign power. For to manifest the Sovereign emmency of the Prince, compare the Prince and Priest tog●…ther, and by this comparison we shall evidently know the truth: for we find the Prince called a God, not only in respect of the people, but in respect of the Priest also. Where the Lord himself speaketh to Moses of Aaron comparing their power and offices together, he saith thus: [He Exod. 4. 16. shall be thy spokesman unto the people, and he shall be as thy mouth, and thou shalt be to him in stead of God.] In this comparing of these two great offices, Moses is the director; Aaron Moses Legislator & interpres Dei. the interpreter and preacher. Where the Prince or Sovereign Magistrate is called a God, not only in respect of the people, as in divers other Scriptures: but in respect of the Priest, thou shalt be to him, even to Aaron, as a God. We find then that the Prince is called a God in respect of the Priest, but we can never find that the Priest is called a God in respect of the Prince. This declareth a Sovereign authority of the Prince in matters of God, and of God's true Religion. For he who by his office is to establish true Religion in his dominions, doth herein represent a lively ex●…mple, both of the goodness and power of God: and therefore Magistrates are called Gods, as being God's Vicegerents for establishing of true Religion. 20. And this our Saviour Christ confirmeth, for whereas Psal. 82. They are called Gods, I have said you are Gods; Our Lord expoundeth that place, declaring in what sense they are so called. For he saith: [If he called them Gods, unto whom the joh. 10. 35. word of God was given, and the Scripture cannot be broken, etc.] Then the Magistrates who are here called Gods, are such to whom the word of God is given. For further declaration of the truth, let this question be demanded: to whom is the word of God principally given? to whose Sovereign custody is the word of God committed? The words of our Saviour Christ contain an answer, to the Civil Magistrate. For it is certain that all that Psalm whence Christ taketh those words, is wholly and entirely understood of the Civil Magistrates, and not of Priests or Ecclesiastical governors. Why then? and is not the word of God given to Ecclesiastical governors aswell as to Kings? Yes verily, but diversly: for to Ecclesiastical governors the knowledge of the word is given to publish by preaching. [For the Priest's lips shall preserve Malach. 2. 7. knowledge, and they shall seek the law at his mouth; for he is the messenger of the Lord of hosts.] Then if the question be asked, to whom is the word given by the way of knowledge to preach and publish it? The answer is, to the Priest: but Christ speaketh not here of that manner of giving the word, but he toucheth that Commission which is given to Magistrates. For to Magistrates it is not given by way of especial knowledge to preach it; but by way of an especial commission, to keep it, to establih it by authority, to command obedience unto it, and to punish the violatours of it. This is the authority of a Christian Prince, for he hath called them Gods to whom the word was given: Whom hath he called Gods? Civil Princes: for of such, only of such, that Psalm speaketh. Why are they called Gods? Because they are Gods vicegerents by their authority to establish God's word. Therefore they are acknowledged to be custodes vt●…insque tabulae, for which cause it was an ancient ceremony in the Church of Israel, that at the King's Coronation the Book of God should be given into the hand of the King, as we read in the Coronation 2. Reg. 11. 12. of joash: Which thing is confirmed by a commaundemant in the Law, why was this thing so solemnly commanded? so religiously Deut. 17. 18. preached? but to show that God hath committed the care of Religion principally to the King, that by the utmost of his power and authority, it might be established in his Dominions. 21. This doth prove that Moses was a Prince and not a Priest, and Aaron a Priest but not a Prince: because Moses is called Aaron's God, but Aaron is not called Moses his God, but his mouth. Which thing though it be so evident, as that it seemeth to be the undertaking of an idle and un-necessary discourse to prove it: yet because many books are of late filled with this conceit, that Moses was a Priest, which thing is taken as an especial ground to build up the Pope's temporal Monarchy: Let us in a few words refute this fancy. Franciscus Bozius who undertaketh to prove this, taketh a foundation so rui●…ous and fallacious, that it is no marvel if his whole building be answerable, for he concludeth that Moses was a Priest properly so called because, Psal. 99 it is written, Moses and Aaron among his Priests, and Samuel among such as call upon his name. The answer is easy and vulgarly known, for Cohanim (which word is there used) signifieth both Priests and Civil Psalm. 99 6. governors. It is used for Civil governors which stand in some honourable place. 2. Sam. 8. 18 where the sonn●…s of David So 2. Sam. 20. 26. Where Tharg. hath a Prince, or mighty. are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which cannot be translated Priests, as the Latin vulgar hath it. Though this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sometimes be taken, for a Priest, yet it is certain that David's sons were not Priests, but chief rulers about the King, as it is expounded 1. Chron. 18. 17. Then we answer that no proof can be drawn from this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to prove Moses a Priest, because the word is ambiguous, applied both to Priests and to Civil governors. And therefore the word is fitly applied to Moses and Aaron, comprising both their Offices in one short word. But that Moses was no Pri●…st, we prove thus. If he were a Priest, it must be either before that Aaron and his successors were assumed to that Office, or after. Before the law assumed Aaron and his sons to be Priests Moses could not be Priest, because the Priesthood was annexed to the birthright. But Moses was not the first borne of Amram, but Aaron was the eldest, for we read Num. 33. Aaron was one hundred twenty Num. 33. 39 three years old when he died. But Moses out living Aaron was but one hundred twenty years old when he died. Deut. 34. Deut. 34. 7. Theresore Aaron was questionless the elder brother. If any object that the birthright was sometimes taken from the eldest by an especial appointment of God, as appeareth in Sem and jacob; I answer, this cannot help in this point, for Aaron was so far from losing this privilege of his birthright, by any appointment of God, that he had the Priesthood famously confirmed to him and to his posterity. So that neither by the law of nature, nor by any precept of God, can Aaron be said to loof any privilege that belonged to the Priesthood. Then before the institution of the Levitical Priesthood, Moses could not be Priest. After the institution thereof, the Priesthood was so appropriated to Aaron's house, that none could be Priests but Aaron and his sons only. Therefore it was not possible that Moses could be a Priest at all, either before the consecration of Aaron, or after. 22 Another reason may be drawn from those places, which declare that josua was appointed by God to succeed Moses, Num. 27. 17. 18. Deut. 31. 14. and to govern as he did. In all which places it appeareth, that jos. 1. 17. josua succeeded Moses in his place and function, and was that in Israel, in his time, which Moses was before him. But it is certain that josua was no Priest: therefore as certain that Moses was no Priest. For josua was the full and entire successor of Moses. The same appeareth by the whole course of Moses his government. Who commandeth as a Prince, is obeyed as a Prince, both by the Priests and people. By which command in matters temporal and ecclesiastical: if they suppose that a Priesthood is proved: by the same reason all the Kings of Israel may as well be concluded to have been Priests. For they commanded in all such things as Moses did. Some object that Moses sacrificed, Exod. 24. But this objection is frivolous. For the words of the Scripture are against it. It is expressly said, that Exod. 24. 5. Moses sent young men to sacrifice: these were the first borne of the 12 Tribes. For this was before the institution of the Levitical Priesthood. If any object that Moses did something which might seem to belong to the office of a Priest: I answer, so did the Kings of Israel some things which might seem to belong to the office of a Priest. For josias, when all the people were gathered together, read in their ears all the words of 2. Reg. 23. 2. the book of the covenant. Which thing might seem to belong to the Priest's office. So true is that principle of our common Law, founded upon the profound principles of divinity and good government: Rex est persona mixta; because he hath both temporal and ecclesiastical jurisdiction. 23 And thus have we declared the King's right under the Law; from the precept of the Law, & practise of godly Kings. Thus did Ezekiah, thus did josiah, and others: and in so doing, they usurped no unlawful power, but stood faithful in the execution of that lawful right, which GOD committed to them. From this commission they may not turn either to the right hand, or to the left. For as it was a great sin in Vzziah on 2. Chron. 26. the one side, to usurp the Priest's office: so should it be a great sin on the other side, for a King to neglect any part of a King's office. From all which, we collect the power of a Prince in matters ecclesiastical to stand in these things. He is to establish all ecclesiastical Laws, for which no power is sufficient without his. Neither is it reason that they should establish Laws, in whom there is no power to defend and maintain the Majesty of those Laws so made. He is to punish all transgressors of those Laws, he is to appoint ecclesiastical Ministers their places, to be judges in matters of ecclesiastical Laws: and if they offend, to punish them, he may place and displace according to their merits: So Solomon displaced Abiathar, & made Zadock high Priest in his room. But because of late, suborned Mat. Tortus speaking of this example, saith, that Solomon did displace the high Priest as he was a Prophet, not as he was a King: let us by the way open the vanity of this shift. The fault that Abiathar had committed was worthy of death, as Solomon saith: [Thou art worthy of death.] But yet he showed him 1. Reg 2. 26. mercy, because he had borne the Ark of the Lord before his Father David, and had suffered in all things wherein David was afflicted. So that the thing which Solomon did to Abiathar, he did as judge of life and death. To be a judge of life & death, was not the osfice of a Prophet, but of the King: therefore Solomon did it not as a Prophet, but as a King. Again, the Prophet's office was extraordinary, but this thing is so far from an extraordinary example, that we see rather that Solomon doth mitigate the ordinary punishment of that crime which Abiathar had committed. Moreover, to punish or to release the punishment of treason, belongeth not to the office of a Prophet, but of the King: but Solomon in this action punishing the treason of Abiathar, releaseth some part of it. All which prove the distorted shift of Tortus, to be so vain and shameless, that the blushing Hat of a Cardinal, is not broad enough to cover the shame. In these things, and in supreme appellation, standeth Ecclesiastical jurisdiction, which by divine right was placed in these Kings, and by them practised. CHAP. FOUR external Coactive jurisdiction was not left by Christ to his Church, nor practised by the Church all that while, that the Church was without Christian Magistrates: wherein is declared the jurisdiction of the Church, and of Bishops, that the power of excommunication proceeded not to Coaction. NOw let us make search in the Church of Christians, wherein we will consider first the state of the Church, after it was called by Christ and his Apostles, and governed by the Fathers for the space of the first three hundred years: in all which time no Christian was the Sovereign Magistrate. In this time it will be to good purpose to search the jurisdiction of the Church, for this is the time wherein it will most clearly appear. And Christ that appointeth all times & states for his Church, appointed that all this time she should be without Princes for her nourcing Fathers: that by wanting it so long, we might understand the greatness of this blessing. But when the Church of Rome grew insolent by abusing this blessing, taking the right of Princes from them, and thereby removing the ancient bounds of the Ordinances which God had set of old, than it was not to be marveled, that such judgements followed of blindness and ignorance among the people, of confusion and contempt upon Princes and Kings: which judgements have been so famously apparent in the sight of the world. But let us proceed to the examination of the Church's jurisdiction, for if we consider what jurisdiction jesus Christ left to his Church, it will consequently appear what jurisdiction is in Civil Princes: for all that Christ gave not to his Church, remaineth with Princes. 2. The places from which they would prove jurisdiction, Mat. 18. 18. are these: Mat. 18. [Whatsoever you shall bind on earth, shall be bound in heaven.] And, [whosoever sins you retain, Joh. 20. 23. shall be retained.] Now these places make no proof of this jurisdiction which is in question. For all Popish writers that I could see upon this question, acknowledge these Scriptures not to be meant of external jurisdiction coactive, which is our question, but of the inward power of remitting of sins, practised within the court of conscience by the power of God's spirit, and declared by the Priest, and ordinarily practised in excommunication, or otherwise. The greater condemnation deserveth Answer to the fifth part of Reports. that Catholic Divine, who to disprove the jurisdiction of Princes, and to prove the Pope's pretended jurisdiction bringeth these places of Scripture which speak of neither. Other places they cite, as that: [Thou art Peter, and upon this Mat. 16. 18. rock will I build my Church: and I will give to thee the keys of the kingdom of heaven.] And, [Simon lovest thou me? Joh. 20. 15. feed my Lambs, etc.] These and such like places they bring to prove the Pope's jurisdiction. All of this sort are thoroughly handled with exact judgement and learning, in that worthy conference written by Doctor Raynolds of blessed memory: which book as a gauntlet of one of the worthies of our Church hath lain long between us, and the host of the Philistims: and none of our adue●…saries hath had the courage to take it up and to answer it. 3. It is sufficient for us to plead, that none of the ancient Fathers did ever expound these Scriptures thus; or did ever dream of such senses, as they have found of late out of their own decretal Epistles. It is sufficient that some of their own best learned writers, yea some of their most learned Popes, before they were Popes; have with such learning and judgement refuted their new devised expositions of these Scriptures, as that from themselves and out of their own mouths, God hath drawn testimonies to overthrow these carnal and absurd expositions of Scriptures. john Gerson saith, that these texts thus by the Pope's flatterers applied to prove his jurisdiction, are Serm. pro viagio regis Rom. direc. 1. understood by them: Grossé & non secundum regulam Euangelicam. And Aenaeas Silvius, hath with great life and learning overthrown Lib. de gestis Basil. consil. these gross and corrupt expositions: of whom we shall speak hereafter in due place, where it will fully appear that these expositions of Scripture are by the learned, free, and judicious men of that side, acknowledged to be invented by flatterers, as the same Pope Pius the second, witnesseth: to be new and strange, and to be urged by miserable and wretched souls, which will not understand that these challenges of their jurisdiction, are nothing but either the words of the Popes themselves; that would enlarge their fringes without measure: or of their flatterers who being blinded by ambition, and carried with the wind of vainglory, do flatter the Popes in hope of reward. Though now those flatterers have got●… the upper hand in the Council of Trent; and have usurped the name of the Church, who before were always esteemed a base company, standing for the Pope's jurisdiction against the grave and learned men of that Church. 4. Then for the places of Scripture which they bring for this jurisdiction, we say with their own best learned men, that they are (in that sense wherein they use them) new devices drawn of late by strange and absurd contortions into this new flattering sense, by the Pope's flatterers, against the ancient expositions of the Fathers and Doctors of the Church. Concerning the jurisdiction which Christ left to his Church, let all the Scriptures be searched, and there will nothing be found of external jurisdiction consisting in power coactive: but all that Christ left was partly, yea principally, inward and spiritual power, partly external for establishing doctrines of faith and good order in the Church, by Counsels, determinations, judicature, spiritual censures, excommunication: deposing and dispatching of the disobedient, so far as the Church could proceed without coactive power. For by this spiritual power without coaction, the Church was called, faith was planted, devils were subdued, the nations were taken out of the power of darkness, the world was reduced to the obedience of Christ; by this power the Church was governed for three hundred years together without any coactive jurisdiction. But what coactive power may work in the Church without this, we have a lamentable experience in the present court of Rome, falling away from the truth, and from the comfort of the spirit, and therefore from the true use of the power of the spirit of God: when the Pope's being destitute of this power of the spirit, took upon them power above the Civil Magistrate, practising wholly coactive power which they called Spiritual, when they had forsaken the power of the spirit and rejected it from them. 5. The jurisdiction which the Apostles practised was partly from the commission of Christ, spiritual: partly from the law of Nature, and from the example of that government which was established in the Church of the jews. The things which belonged to Apostolical jurisdiction, either concerned the government of the ministry, or of the whole Church. Touching the government of the ministry, these things belonged to the Apostles so long as they lived, and afterward to Bishops their successors. First a power to ordain ministers, Thus did 1. Paul and Barnabas when they called Churches through Lycaonia, Pisidia, and Pamphylia: [They ordained Elders in every Act. 14. 23. Church.] Elders, that is, Pastors, Preachers to preserve the Doctrine continually which the Apostles had once planted. And this charge to ordain Elders or Priests, did the Apostles leave also to them that succeeded in the government of the Church. This commission Saint Paul gave to Titus. [For this cause I left thee in Crete, that thou shouldest continue to redress Titus 1. 5. the things that remain, and ordain Elders in every city, as I appointed thee:] which ordaining signifieth also institution in the place or cure they ministered in. 6. The Apostles had also in themselves, and left to their successors, power and jurisdiction to command those Pastors 2. which thus they had ordained, to preach the truth without mixture of false doctrines. This power as Saint Paul had in himself, so he left the same to Timothy, and consequently to others. [As I besought thee to abide still in Ephesus, when I 1. Tim. 1. 3. departed to Macedonia, so do, that thou mayst command some that they teach no other doctrine.] These were the principal parts of jurisdiction which the Apostles left to their successors, to continue in the Church for ever. For the end and use of this government is perpetual, as to ordain Preachers, and to see that they so ordained, should teach the truth without heresy. It followeth certainly, that such governors as the Apostles themselves ordained in the Church for these perpetual uses, are to remain perpetual governors in the Church. Thus was the government of Bishops placed by the Apostles, to stand and continue till the end of the world, because the Apostles placed such for the ordination of ministers, and the preservation of true Doctrines. For they who answer that these offices and places wherein the Apostles placed Timothy and Titus, were either extraordinary, or to endure for a short time, do not consider the end and use of these places: which end and use is neither extraordinary nor temporary, but ordinary and perpetual. For ministers must be ordained, & commanded to preserve the truth without heresy, as long as the Church standeth. Then the necessity and use of the ends, will prove the like necessity and use of these governors, which by the Apostles were placed for these ends. 7. Another part of this jurisdiction, and depending upon the last, was that which the Apostle leaveth in commission to Tit. 1. 11. Titus, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to stop their mouths. For which cause Apoc. 2. 20. the Angel of the Church of Thyatira is reproved by Christ, because he suffered a false Prophetess to teach, and to deceive the people, and to make them commit fornication, and to eat meat sacrificed to idols. If Titus be commanded to put some to silence, and the other reproved for suffering a false teacher to teach; then the governors of the Church have authority and jurisdiction in these things: but how far it is extended, we shall consider hereafter. But because it may be questioned whether 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be to silence ministers, or to convince them by argument. To this we ' answer, that albe it we deny not conviction by reason to be also included in the word, yet there is a further meaning of judicial proceeding by authority here understood; which thing will appear by conference of this and other places. For Saint Paul having first declared that Tit. 1. 5. he left Titus at Crete to ordain Elders, describeth what manner of men they must be that are so to be ordained. For a ' Bishop 7. must be unreprovable, etc. Then he declareth that many 10. be otherwise: for there are many disobedient and vain talkers, and deceivers, etc. If the question be demanded, what shall be done to these deceivers? the words immediately following contain an answer: whose mouths must be stopped. So 11. that the sense of these words is the same with that which he saith to Timothy, charging him; to command some that they 1. Tim. 1. 3. teach no other Doctrine. Then the word containeth not only conviction by argument, but jurisdiction also. For conviction by argument only would not have served to suppress the false Prophetess of Thyatyra. And if a minister be accused of heresy, or such like, he was to be judged by such as were set in chief authority in the Clergy. For that there was a consistory and judicial proceedings set up, it is evident; and no less evident that the Bishop was judge. [Against an Elder (saith S. Paul to Timothy) receive none accusation, but under two or 1. Tim. 5. 19 three witnesses.] Now he that is appointed to hear accusations, to receive the testimonies of witnesses, is placed in a place of judgement with jurisdiction: and therefore hath authority not only to convince by argument, but also to proceed judicially against false teachers, and to put them to silence. 8. Thus far was jurisdiction practised over ministers, the things which follow touched the whole Church. Another 4. part of jurisdiction practised by the Apostles, touching the Church in general; was to call Counsels for the determination of such controversies, as were raised up by them that troubled the doctrines of the truth, and peace of the Church. Such was the Council gathered by the Apostles, Act, 15. Consisting Acts 15. 6. of Apostles and Elders, that is, of persons Ecclesiastical, wherein sentence proceeded after good deliberation and great disputation. 7. This is the greatest power or jurisdiction of the Church: because the whole or many chief parts together, is greater than any one part. 9 Further concerning the extension of this jurisdiction, it cannot be denied but that there is a power in the Church, not only internal, but also of external jurisdiction: of internal power there is no question made. external jurisdiction being understood all that is practised in external Courts or consistories, is either definitive, or mulctative. Authority definitive in matters of faith and religion, belongeth to the Church. Mulctative power may be understood, either as it is referred to spiritual censures, or as it is with coaction; as it standeth in spiritual censures, it is the right of the Church, and was practised by the Church, when the Church was without a Christian Magistrate, and since. But coactive jurisdiction was never practised by the Church, when the Church was without Christian Magistrates: but was always understood to belong to the civil Magistrate, whether he were Christian or heathen. We deny not but that the Apostles did sometimes take vengeance upon the disobedient, but that was not by the material sword (in the power whereof we place coaction) but by the spiritual sword, which always showed itself in their Ministry, sometimes in an extraordinary manner, as in the striking of Ananias and Saphira Acts. 5. with present death: in the striking of Elimas' the Sorcerer with blindness, and such like. These were signs of extraordinary power, but we seek here the ordinary jurisdiction of the Apostles, which they left to their successors. 10 Upon these grounds joined with the assured knowledge of the History of those times, the ancient Fathers deliver it as a truth never questioned, nor doubted, that in the government of the Church, the Bishops are the undoubted successors of the Lib. 5. Apostles. Irenaeus speaking of heretics, saith: Omnes high posterior●…s sun●… episcopis, quibus apostoli tradiderunt ecclesias. If Bishops were before any heretics, they were questionless in the Apostles time, and by the Apostles instituted, because some heretics Lib. 3. cap. 3. were even in the Apostles time. Irenaeus saith also: Habemus annumer are eos, qui ab Apostolis instituti sunt episcopi in Ecclesiis. And a little after: Quibus etiam ipsas Ecclesias committebant. And again in the same place: Quos & successo es reliquerunt, Cyprian. Epist. 75. suum ipsorum locum magisterij tradentes. Cyprian saith, Potestas peccatorum remittendorum Apostolis data est, & Ecclesiis, quas illi à Christo missi constwerunt▪ et episcopis qui eye ordinatio●…e 〈◊〉 successerunt. The same he hath also Epist. 69. Epist. ad Euagrium. Jerome saith, Potentia divitiarum & paupertatis humilitas vel sublimiorem vel inferiorem Episcopum non facit. Caeterum omnes Apostolorum successores sunt. It were hard to kick against all these pricks. Against so evident grounds of Scripture, so express testimonies of Fathers, to devise a new government of the Church. Leaving the ancient and known government, which hath the testimony of those that lived in the first age, and heard and saw those that were endued with miraculous gifts: (as Irenaeus testifieth of himself, that he heard those Lib. 5. which spoke by the spirit in all languages, and saw them who Lib. 2. ca 57 often raised the dead to life again.) Leaving, I say, the testimony of these, whose name and authority is so reverend in the Church, and striving for a government which came but of late to the knowledge of men; seemeth to proceed from affections too much blinded with the love of innovation. 11 But though this be true, that Bishops in the government of the Church succeed the Apostles, yet we are cautelously to distinguish between the things, wherein they succeed the Apostles: and those things which since the Apostles times have been added to their government by godly Princes. For the preservation of true doctrine in the Church, the Bishops are the great watchmen. Herein they are authorized by God. If Princes withstand them in these things, they have warrant not to obey Princes, because with these things Christ hath put them in trust. Therefore S. Paul saith not, that it is the King's 1. Tim. 1. 3. office, but the Bishops, to command that they teach no other doctri●…e. Upon which ground S. Ambrose was bold to withstand Valentinian Emperor. For Ambrose, as the watchman of the Church of Milan, would not suffer Auxentius an Arian Bishop, to have any place to teach in his Diocese. Auxentius Ambrose lib. 4. Epist. 32. complained to the Emperor, as the contention grew thus between them, the one like a vigilant watchman, seeking to remove all dangers from his flock, the other like a Wolf seeking to spoil: at the earnest entreaty of Auxentius the Emperor, willed that the cause between these two might be heard in the Ecclesiastical consistory, and that the Emperor might sit as judge in the cause. This thing Ambrose utterly denied: and of this he writeth thus to the Emperor. Quando audisti Idem ibid. clementissime imperator, in causasidei, Laicos de Episcopo iudicasse? And again: Sivel Scripturarum seriem divinarum, vel catera tempora retractemus, quis est qui abnuat in causa fidei, in causa inquamsidei, Episcopos solere de imperatoribus Christianis, non imperatores de Episcopo judicare? And in another place: Volens Orat. in Auxent. nunquam ius deseram, coactus repugnare non nout; arma enim nostra preces sunt & lachrymae. This example of Ambrose his courage, is worthily commended by all posterity, wherein this worthy man seemeth to direct a true rule of obedience. For justina the emperors mother, seeing she could not draw Ambrose to favour the Arians, purposed to put him from the government of the Church. Which thing would have been effected, if he had not refused to appear in the Court, where the Emperor was to sit as judge. There appeared in him courage, godliness, and exact obedience, all truly tempered. He denieth the Emperor to be a sufficient judge in a cause of faith and religion. In causafidei, in causa inquam fidei. For this he repeateth precisely, desirous to be rightly understood: he would rather die then admit such an example as to betray the truth, and that commission and charge wherein GOD had set him. And yet if the Emperor would by force do any thing, he denieth that there is any power in him, or in the Church to resist by force. The faith and right of the Church, was not, in his judgement, to be maintained by force and arms, but by prayers and tears. Thus resolute is this godly man in the cause of faith against the Emperor: but in other causes he claimeth no privilege, no immunities, and therefore in the same place he faith: Si tributum petit imperator non negamus, agri Ecclesiae tributum soluunt. Athanasius ad solitar. vitam agentes; speaking to Constans. the Emperor, saith: Let religious Bishops persuade the Emperor, that he corrupt not the Church, nor mingle the Roman Empire with Ecclesiastical constitutions. And Hilary Lib. ad Constantium August. writing to Constantius, saith to the same purpose: Provideat & decernat clementia tua, etc. Let your clemency provide and establish, that all judges to whom the care of public business belongeth, may abstain from religious constitutions. Thus did the ancient Bishops govern the Church, not suffering any King or Emperor, to meddle with the determinations of matters of faith: For of such matters are these testimonies to be understood, and only of such. In like manner chrysostom resisted Gaina general of the forces of Arcadius' Emperor. Who would have had a Church within Constantinople for himself and the Arians. The Emperor was willing to gratify him, or Theodoret. lib. 5. cap. 32. not willing to displease him for his greatness; but john chrysostom did utterly deny it, as a thing unlawful. Thus by the warrant of Scriptures and examples of Fathers we give to Caesar all coactive power which is due to him: but spiritual government we give not to him: this is that government which is reserved to Bishops, as the Apostles successors. After which example Gregory the first writeth thus, Serenissimi domini animum Lib. 3. epist. 20. non ignoro, quod se in causis sacerdotalibus miscere non soleat. Gregory calleth those causes with which the Emperors meddled not, causas sacerdotales: meaning thereby the same which Ambrose calleth causes of faith. 12. Besides this Spiritual government which is peculiar to Bishops, there is also another part of government given to Bishops; which cometh from Princes, which Constantine first gave, as hereafter we shall declare. Of this chrysostom: saith: I am vero pars illa, quam Episcopum tractare in judicijs conuen●…t, infinita De sacerdotio lib. 3. odia, infinitas offensiones parit; quae ipsa praet●…r quam quod neg●…tijs quamplurimis plena est, tam multas etiam difficultaies affert, quam multas ne forenses quidem judices sustinent: and much August. epist. 9 more to the same purpose. Augustine complaineth that he was too much troubled with these matters of judicature. And Synosius professeth that he can not attend both businesses. Antiquum tempus (saith he) tulit eosdem & sacerdo●…es & judices, e●…nim Aegyptij, Hebraeorumque gens multum temporis â saceraotibus Synes. epist. 57 gubernata est; and a little after, Non condemno Episcopos qui versantur in negotiis, etc. Si qui vero sunt, qui à rerum diversarum aggressione non laeduntur, illi for sitan possunt simul & ●… fungi, & ciu●…tatibus praeesse. In all these parts of Episcopal jurisdiction, which either by Apostolical right or institution, or by the favour of Princes, have been given to them: the Pope hath intruded like a Fox, and maintaineth his intrusion like a Lion. For as Christ left an equality Mat. 18. 1. and parity among his Apostles, often affirming and confirming Marc 9 34. that one of them should not be greater than another; Luc. 9 46. and yet the Apostles were in government above other Ministers: and that by the institution of Christ himself: For the Lord after that he had chosen his twelve Apostles, did choose also seventy Disciples [and sent them two and two b●…fore him Luke 10. 1. into every city where he himself should come] saith S. Luke; then Christ himself is the author of this order in the Church: which the Church hath since that time ever held, the Bishops succeeding the Apostles, as the inferior Pastors succeeded the seventy Disciples: So the Apostles after them left the like equality among Bishops, that one of them should not be above another; and yet Bishops in government above other Ministers: for jurisdiction was never in the multitude, but in governors: the Bishops then being the governors after the Apostles, the like jurisdiction was in all. As Cypr. saith, Episcopatus unus est cuius à Cypr. lib. de unitat. Eccle. singulis pars in solidum tenetur. And Hierom saith, Vbicunque fuerit Hiero. ad Euagrium tom. 2. Episcopus sive Romae, sive Eugubij, etc., eiusdem meriti, eiusd●…m est & sacerdotij. Which power in Bishops the Pope hath by surreption drawn to himself, and now out of his fullness imparteth to Bishops at his pleasure; as if he were the fountain of jurisdiction. 13. As thus he hath drawn their ancient right from Bishops: so hath he drawn from Temporal Princes that which of ancient right was theirs: we shall better understand what he hath taken from Temporal Princes, if we consider the true limits be●…weene the power of Princes, and the power of the Church. We say therefore that the jurisdiction of the Church was never extended to coactive power: because God hath given all coactive power to the Civil Magistrate, to whom he hath committed the sword. And as coactive power belongeth not to the Church, so neither doth it belong to the power of the Church, to erect or establish, to dissanul or dissolve this coactive power, as the Pope pretendeth to do by excommunication, deposing Kings and freeing their subjects from their faith and allegiance. This dissolution of coactive power cannot belong to the Church, because this is both Temporal and coactive: the power of the Church being Spiritual, cannot be called either Temporal or coactive. Now that the power exercised by the Pope in excommunication is Temporal and coactive, is the grant of Bellarmine: for he saith that the Church of old did not depose Nero, Diocletian, julian, ●…, Lib. 5. cap. 7. de Rom. Pont. etc. Quia deerant vires temporales: then he granteth that in this present practice of the Popes, there are vires temporales: what is this, but temporal coaction? The Church in old time had all that power which Christ committed to his Church, but then, by the confession of Bellarmine; the Church had no coactive power: therefore this coactive power which the Pope useth by Temporal force in deposing of Kings, was not by Christ granted to his Church, And if we should yield Temporal coaction to the Church, what power is left to the Magistrate? Thus we see the ancient hedge is plucked up, and the bounds are changed, which of old stood between these two powers Civil and Spiritual. 14. Against this disordering of the ancient bounds we have the words of our Saviour Christ. [My kingdom is not john 18 36. of this world, i f my kingdom were of this world, my servants would surely fight, that I should not be delivered, etc. But because when these words are urged against our adversaries, they look ascant upon them, as if they touched them not: Let us consider how the kingdom of the Pope, and his pretended jurisdiction in deposing of Kings, is utterly overthrown by these words, which declare the power properly belonging to Christ's kingdom, that is to his Church. Christ answereth here to Pilat's question, Verse 33. [Art thou the King of the jews?] By which question it appeareth there was some suspicion and fears, that Christ pretending for a kingdom, might conspire against the state, and work the trouble and dissolution of the government established. For as Herod when he heard that jesus was borne the King of the jews, was troubled and all jerusalem with him; and entered into such fears and suspicion, that moved him to Mat. 2. 3. kill all the young children from two years old and under: so the high Priests suggested the same suspicions to Pilate. From this ground riseth this question of Pilate, Art thou the King of the jews? To this he answereth, my kingdom is not of this world. From which answer applied to such a question, these positions issue: It is against the nature of the kingdom of Christ to work any trouble to the kingdoms of the world. And, that kingdom which worketh trouble to the kingdoms of this world, is not the kingdom of Christ. Christ's kingdom which is not of this world, is his Church, which is in this world, but not of this world, as himself saith, [If you were of Joh. 15. 19 this world, the world would love her own, but because you are not of this world, but I have taken you out of this world, therefore this world hateth you.] Then we reason thus: The government of Christ's Church breedeth no trouble, much less dissolution to the states of this world: but the government of the court of Rome, (now commonly called, the Church of Rome) breedeth trouble and dissolution to the states of this world: therefore the government of that court, is contrary to the government of Christ's Church: the assumption is a confessed truth too well known, that the government of the Pope's court or Church, breedeth trouble and dissolution to States by excommunications. The proposition is proved by the answer of Christ to Pilat's fears: my kingdom is not of this world: whereby he satisfieth Pilate that he needed not fear any trouble, or dissolution of established authority by him, for this was Pilat's fear. So that if we admit that Christ did answer to the purpose, and that Pilat's fears and suspicions were removed by his answer, it must be confessed that by that answer the State was secured, that Christ's government would not raise any trouble to it, or procure the dissolution thereof. And it must be well observed, that Christ thus securing the present State, doth not speak of his own person only, but undertaketh for all that belong to him, and his kingdom. Therefore he saith not, I am not: or, my person is not of this world: but, my kingdom is not of this world. Then as he secureth this State from any trouble that they might fear from his person, so he secureth all States of the world, during the time of this world, from all troubles that they might fear from his members, and from his kingdom which is his Church. Whereby it followeth by strong evidence of reason that they who put States in fear of troubles, or work the dissolution of Civil government (as the Pope doth by excommunication) are not the members of Christ, nor belonging to his kingdom. 15. This is further declared in the same place, by the words john. 18. 36. following. [If my kingdom were of this world, then would my servants surely fight that I should not be delivered to thee.] In which words we find that Christ's servants may not fight, not stir up tumults, uproars and wars, for the maintaining of their kingdom. Therefore that Kingdom for which they raise so much war, is not the kingdom of Christ, not Christ's Church: nor they that raise up such wars, Christ's servants. Christ forbiddeth his servants to fight for him, and his kingdom: the Pope commandeth his servants to fight for him and his kingdom. Can you have two kingdoms more opposite? two Kings more contrary? 16. This doctrine that the Church may not stir up any uproars or warr●…s against the Magistrate, hath been always maintained by the ancient Fathers. For we find that in the greatest persecutions, the ancient Bishops taught Christians always to live in peace, and to pray for the Emperors and governors, though they were persecutors, according to the commandment of Christ; [Love your enemies: and pray for them that persecute you.] justin Martyr saith, [We pray that Mat. 5. 44. just. apol. 2. you (speaking of the Emperor) may be found to have a good and sound mind with your imperial power.] Pliny writing to trajan of the ancient manner of Christians, saith they assembled Plin. epist. li. 10. to worfhip Christ, and bound themseluer in a Bond, not to set upon any wicked practice, Sed ne furta, ne latrocinia, ne adulteria committerent, ne sidem fallerent. Contrary to which practice the Pope by his excommunication, deposing of Princes, and discharging subjects from their oath and Allegiance, bindeth men to raise wars and tumults, to break and violat●… Tertul. apo●…. cap. 39 their faith, and to commit many disorders. Tertullian saith Cramus pro Imperatoribus etc. That is, [We pray for Emperors, for their deputies, for powers, for the State of this world, for the quiet and peaceable government of things.] Contrary to which the Popes raise wars, make the government of States tumultuous, and take away peace from the earth. Optatus Optat. lib. 3. saith, [For good cause doth Paul teach, that we must obey. Kings and powers; yea though an Emperor were such an one De civit. dei lib. 5. cap. 21. as lived after the manner of the Gentiles.] Augustine saith, [we are not to yield this power to any but only to God, the power I say to give kingdoms etc. Who giveth earthly kingdoms Lib. de nature. boni advers. both to godly and ungodly.] And in another place he proveth, that evil Kings and Tyrants are to be obeyed, whereof 〈◊〉. cap.? 2. he giveth a reason: because saith he [Men consist of two Expositio quarund. questionum ex epist. ad Rom. proposit. 72. parts, a body and a soul, as long as we are in this life, and need the helps of this life, we must by that part which belongeth to this life, be subject to the powers of this world: but by that part whereby we believe in God, we owe no subjection to man, but only to God.] Ambrose saith, If the Emperor Orat. in Auxent. should command any thing unlawful: he would not obey, neither durst he resist by force, but only bear with patience: Arma enim nosta sunt preces & lachrymae. Gregory the first was so far from this tumultuous disposition of his successors, that he held himself bound to obey the Emperor in the promulgation of that law, which he thought the Emperor should not have made. Ego quidem iussioni tuae subiectus (saith he to the Emperor Maurice) eandem legem per diversas terrarum parts Lib. indist: 11. cap. 100 transmitti feci, & quia lex ipsa omnipotenti deo minime concordat, ecce per suggestionis meae paginam serenissimis dominis nunciavi: utrobique ergo quae debui exsolui, quia & Imperatori obedientiam praebui, & pro deo quod sensi minime tacui. So far were these ancient Fathers from the new and strange practices of disobedience and rebellion against Magistrates, which is now so stiffly taught, and unmercifully executed by the Pope's vassals under pretence of Religion. 17. But they tell us, that the Pope useth only his spiritual censures: he excommunicateth Kings for heresy or schism, and thereby deposeth them, and dissolveth the obedience of Subjects. I answer; excommunication as it is a censure of Christ's Church, containeth no coactive power, that is no such power as to depose Princes, or to dissolve the faith and allegiance of Subjects. Which thing is proved both by the use of excommunication, and by the power of the Church. First, if we consider the use of excommunication, we find it was used in the Church of the jews, and from them taken by the Church of Christians. Then excommunication being found among the jews in his full use and force, all the kinds there of being distinctly observed by the learned jews, namely by Elias Levita, who observeth out of the writings of the ancient Rabbins, three divers Elias. Thisbet. verbo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 kinds of excommunication in use in the jewish Church: it followeth, that this censure of the Church can be no farther extended in the Church of Christians, than it was in the Church of Israel, where it was first instituted and established. But in the Church of Israel, it was never extended to deposing Kings, and destroying obedience of Subjects: therefore in the Church of Christians, it may not be extended to these practices. What can be denied here? For neither can they deny, but that the censures of the Church should be of greatest power there, where they were first instituted: neither can they deny, that excommunication was first instituted in that Church of the jews: neither can they show us, that any King of that Nation was at any time deposed for pretended heresy, or for known and professed idolatry: though the Kings there were often great idolaters: though the Priests were bold and courageous in God's cause: yet we never find that any Priest did by excommunication depose the King, or destroy the bond of allegiance. This thing then being neither practised by the jews, where these censures were in first and chief force, nor by Christ and his Apostles, nor by the Fathers of the Primitive Church, nor known in the Church for the space of almost a thousand years (as hereafter we shall declare) we have great reason to conclude that excommunication, as it is an Ecclesiastical censure, hath no power coactine to alter any temporal authority, to depose Kings, to destroy and dissolve allegiance, or to trouble any lawful authority established in this world. 18 This will no less appear, if we consider the power which the Church hath always practised, for coactive power was a thing which the Church yielded always to the ●…iuill Magistrate. And if the Bishops of Rome did sometimes break out beyond their bounds: yet were they in those ancient times always repressed by the authority of the Church. For, that we may take a short survey of the jurisdiction of the Church, during the first three hundred years: so long as the Apostles lived, no man doubteth but that they ruled all, and that the greatest jurisdiction of the Church was in them, if we speak of spiritual jurisdiction. And if any one Apostle lived after the rest, there was more power acknowledged to be in him, then in any one that lived in the Church in his time. Now it is for an assured historical truth recorded by Eusebius, and before him by Irenaeus (whom the full consent of the ancients follow herein) that S. john lived after all the other Apostles were dead, & that he continued in the government of the Church, until the times of trajan Emperor. In which time the Bishops of Rome after Peter are recorded to be these Linus, Anacletus, Clemens, E●…aristus, Alexander. If the Bishop of Rome had then been the head of the Church, the chief Pastor, the Monarch, the fountain of all jurisdiction, as his flatterers now make him: it must be confessed that Alexander in his time, and Evaristus before him was S. john's head: and before him Clemens, and before him Anaclet, and before him Linus. Did these rule and govern S. john, or S. john them? shall we say that they had jurisdiction over S. john, or S. john over them? If these Bishops each in his time had jurisdiction over S. john, then there was an authority in the Church above the authority of the Apostles. If they were governed by him, than the Bishop of Rome was not the head of the Church. There is no sober spirit that can doubt of these things: or can think that in those days any lived in the Church, who was not under the jurisdiction of an Apostle. 19 After Saint john's death, who was living in the year of Christ 100 and after: in the Church of Rome, were Sixtus, Telesphorus, Hyginus, Pius, Anicetus, Soter, Eleutherius, Victor. These governed the Church of Rome in succession, by the space of one hundred years together. In which times they seemed willing to put to their helping hands, to advance the Church of Rome. For Satan having a purpose thence to raise Antichrist, began betime to work, and to abuse those good men, as it was not hard for him to beguile better men than they were, though we admit them to be good men, and holy Martyrs. Then were they drawn into a love to advance their seat and jurisdiction, yet so, as neither in them is proved pernicious, neither was it thought by the church to be very dangerous, seeing they yielded and submitted themselves in the end to the grave and godly advise of the Church. 20 The things wherein the Bishops of Rome sought first to advance their power, was by imposing ceremonies upon other Churches. Thus did Anicet contend for the celebration of Easter: but was quieted by Polycarp; who for the peace of the Euseb. lib. 5. ca 24. Church, made a journey to Rome, and pacified Anicetus. And was so much honoured of Anicetus, that there he practised the function of a Bishop, as Eusebius reporteth, taking the story from Irenaeus. Thus was peace and love then maintained on all sides, whilst the Bishops of Rome were content to be ruled by others. 21 A little after, Victor grew more violent in the fame quarrel, and excommunicated the Eastern Churches, which did not observe Easter after the manner of the Church of Rome. But Victor was resisted, and sharply reproved by Polycrates Bishop Euseb. ibid. of Ephesus, and the roast of the Eastern Bishops, as also by Irenaeus Bishop of Lions in France. These did freely reprove Victor, for that he regarded not the peace of the Church: they declare that in ceremonies there was great difference of old, and yet the Bishops lived in love and peace together: that the differences in ceremonies, did not break the consent in faith: that these differences were before the time of Victor: and that he was therein to follow the examples of his ancients, who preserved love and peace, and the doctrines of faith sincere, with some diversity in outward ceremonies. This was all that the Bishops of Rome attempted in those days: wherein there appeareth no jurisdiction over others, but rather the contrary. For the godly Bishops of Asia reproved them, and made them see and acknowledge their own rashness, and caused them to desist: therefore the Church did not then acknowledge the Pope's jurisdiction. 22 Between Victor and Sylvester the first, succeeded 18. Bishops of Rome, in the space of 100 years next. In which time there was no great attempt made for superiority or jurisdiction: only the Bishops of other Churches did honour the Bishop of Rome, following the Apostles rule [In giving honour Rom. 12. 10. go one before another.] Which honour if they could have remembered as well to give to others, as they did to receive from others, there could have risen no question of jurisdiction: but that which began in love and courtesy, was afterward drawn to jurisdiction. We deny not but some of the ancients have yielded to S. Peter a Priority among the rest of the Apostles, because of his great zeal and love to Christ and to his truth, and for his excellent vert●…es: and to the Bishops of Rome we find likewise that the ancients yielded great and honourable titles, but this was in respect of their virtue, learning, and integrity. For the ancients knew no other rule of favouring men, but virtue: he was in the Church most honourable, and accounted chief in succeeding the Apostles, whose life and conversation was most Apostolical. Wherefore as the ancients gave this honour to the Bishops of Rome, for their godly lives, to call them the Apostles successors, so when they found other Bishops who in virtue excelled, they gave these titles Titles of honour given to other Bishops as much as to the Bishops of Rome. in as great honour to them, as ever was given to the Roman Bishop. For we find these titles as much or more given to others, than we can find given to the Roman Bishops. Basill writing to S. Ambrose, saith of him, that he doth hold the Basil. Epist. 55. stern of that great and famous ship, the Church of God, and that God had placed him in the primary and chief seat of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Apostles. Of the Bishop of Rome, it is hard to find in all antiquity a more honourable title, than this is of Ambrose. Now if S. Ambrose held the stern of that ship the Church of God, and if he sat in the chief and highest seat of the Apostles: it must follow, that an inferior seat was reserved for the Bishop of Rome, as long as Ambrose lived: and that he was esteemed the chiefest in Apostolical succession, who came nearest the Apostolical virtues: or that they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, precedents alike in Christ's Church. And throughout all the Epistles of Basil, we observe, that albeit he wrote often to the Western Church, we find no such honourable mention of the Bishop of Rome: but somewhat sounding to the contrary. For in the tenth Epistle, he noteth the pride and ambition, which then began to be espied in the Bishops of Rome: complaining to Eusebius Bishop of Samosata, that the Church could have no help 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. from the pride and ambition of the West. Then concerning this title, to be called the successor of the Apostles, it was sometimes given to the Bishops of Rome, only in regard of their virtue, godliness, and faith which once appeared in those Bishops. And so it is given to Ambrose and to other Bishops. In this sense we understand those titles given by Sidonius Appollinaris Bishop of Aruern, to divers Bishops in France in his time. For writing to Pope Lupus (as he calleth him) a Bishop in France, he testifieth that he had lived 45 years in the sea Apostolical. Lib. 6. Epist. 1. Insede Apostolica novem iam decursa quinquennia. And again to the same man he saith: Pater officium quod incomparabiliter eminenti Lib. 6. Epist. 4. Apostolatuituo sine fine debetur, etc. The same title he giveth also to Fontellus, another Bishop in France, declaring that therein he greatly rejoiced: Quod Apostolatus vestri patrocinium Lib. 7. Epist. 4. copiosissimum conferre vos comperi. And writing to the same Lib. 6. Epist. 7. Fontellus: Ego quoque (saith he) ad Apostolatus tui noticiam acced●…. 23. Then by this Title Apostolical, no jurisdiction will rise to the Bishops of Rome, seeing the same is given to others, as well as to them. Neither was there then in the Bishop of Rome any power above others, neither in the whole Church was c●…actiue power found. To prove this, Eusebius reporteth a Story, which we wish to be well observed, because it maketh an evident proof of the jurisdiction of the Church, which thing we seek: The Story is thus. Paulus Samosatenus Bishop of Euseb. lib. 7. cap. 23. 24, 25. etc. Antioch, taught that Christ was a mere man. To repress this wicked heresy, a Council was gathered at Antioch. The Church was then without the help of a Christian Magistrate. In chief account among them that lived in the Church at that time, was Dionysius Bishop of Alexandria, a man for his great learning and godliness much renowned in the Church then, and always since: he was so aged and weak at that time that he could not be present in the Council, but by writing confirmed the truth against Paulus the Heretic. Among them that were assembled there, was Gregorius Bishop of Caesaria, who had the gift of working miracles: in which respect Basil maketh honourable mention of him in divers places: Dionysius was then Bishop of Rome. The famous Bishops of the East had divers meetings against Paulus; the last meeting was in the time of Aurelianus Emperor about the year of Christ, two hundred seventy and five. At what time Paulus was fully refuted and repressed, especially by the labour, industry, and learning Damnatur ab omnibus quae sub coelo sunt Ecclesiis Christi. Euseb. ibid. of Malchion: he was condemned saith Eusebius of all the Churches of Christ which are under heaven. After the conviction of this Heresy, the Council wrote to Dionysius Bishop of Rome; and to Maximus Bishop of Alexandria, (for Dionysius Omni Ecclesiae Catholicae quae sub Coelo est. ibid. died before this Council ended, and Maximus succeeded him in Alexandria:) and to all the Church of Christ under heaven. The Epistle is extant in Eusebius, and was directed to these Bishops, that by them other Churches might have knowledge of this thing. 24. After all this Paulus Samosatenus held the Church of Antioch, and gave no place to Domnus, (whom the Council excommunicating and deposing Paulus, had decreed should take his place.) The Bishops in this case were driven to seek the aid of the heathen Emperor Aurelian; at the suit of the Council, the Emperor commanded that the Church of Antioch should be delivered to him, to whom the Church of Italy and the Bishop of Rome would write. By this it appeareth that the Church had no jurisdiction coactive: for when the Bishops of this Council had proceeded as far as they could, by Ecclesiastical censures, (against all which censures Paulus held the Church by force) finding that without coactive power Paulus could not be repressed, and finding no such power in themselves, they were forced to seek the emperors help, acknowledging thereby that all coactive power rested in the Emperor. Moreover by this we observe the beginning of that practice, which afterward drew the opinion of jurisdiction after it. For the Bishop of Rome had no authority then over other Bishops, neither did he challenge any. And when some few of that Sea, did seem to pretend some authority in matters of conformity and ceremonies, as Anicetus, Victor, and some few other: they were quickly repressed by the Church, & were content to be ruled by the Church. But because the heathen and persecuting Emperors were content for the glory of Italy, to give this honour to the Church there, and especially to the Bishop of Rome, that other Bishops should find favour for his sake (as appeareth evidently by this Story, wherein it is recorded that the Bishops of that Council had no means to help themselves but by the Emperor, and the Emperor not regarding the cause, only to honour the Bishop of Rome, referred the matter to him), hence, as reason was, the Churches were compelled to make much of the Bishop of Rome, and to seek his favour, without which they saw the heathen Emperors would not be drawn to do them justice. 25. About this time, Stephanus Bishop of Rome threatened Euseb. lib. 7. cap. 4. 5. likewise to Excommunicate some Bishops for rebaptising of heretics, but he was repressed by Dionysius Bishop of Alexandria. Some also that were excommunicate in Africa, came to Rome to seek the favour of Cornelius: who without examination of the cause, received them to the Communion. Of which thing Cyprian complaineth much: they sail to Rome saith he, cum merce mendaciorum. Against this he declareth, Cyprian. Epist. 55 that it was ordained that neither the Bishop of Rome, nor any stranger should be judge of the causes of their Church. And to Cornelius he writeth thus: Quum statutum sit ab omnibus, & aquum sit pariter ac justum, ut uniuscuiusque causa illic audiatur, ubi Ibid. est crimen admissum, & singulis pastoribus portio gregis sit ascripta, quam regat unusquisque & gubernet, etc. Opo●…tet vtique●…os, quibus praesumus; non circumcursare, & episcoporum concordiam cohaerentem sua subdola & fallaci temeritate collidere, sed agere illic causam ubi & accusatores habere, & testes sui criminis possunt. That is, [Seeing it is decreed by all, and it is a thing both equal and just, that every man's cause should be heard there, where the crime was committed, and a part of the flock is appointed to each Pastor, which each in several must rule and guide, etc. Verily it behoveth that they whom we govern, should not gad and run about to others, nor by their crafty and fallatious rashness break in sunder the coherent concord of Bishops: but there ought they to plead their cause, where they may have accusers and witnesses of their crime.] 26. Thus albeit the Bishops of Rome did seek some enlarging of their authority, sometimes by giving countenance and patronage to criminous and scandalous men, yet they were repressed and brought into order by the godly and learned Bishops, that then lived in the Church: Who would not suffer the privileges of the Church to be lost, or any title of jurisdiction to grow, where there was no right. Thus for the first three hundred years the Church of Rome had no jurisdiction over other Churches: but the Bishops there were reverenced by other, partly for their wisdom, learning and godliness; partly because the Emperors favoured them above other: and because they were Bishops of the chief city and seat of the Empire. For as they had some favour above the rest with heathen Emperors, so they found much more favour from Christian Emperors; which thing caused them to be regarded by other Bishops, but no jurisdiction was as yet acknowledged. CHAP. V. Of the estate and jurisdiction of the Church from the end of the first three hundred years, until the year of Christ, six hundred. Wherein is declared that coactive power was in the Christian Emperors: from whom the Church received some parts of coactive jurisdiction. The Popes began to seek jurisdiction by forgery. Now let us consider the times that followed, when the Church had peace from persecution and found the favour of Christian Emperors. In which time no jurisdiction will be found in the Church of Rome, above other; and all coactive jurisdiction was acknowledged without question, to be in the Christian Emperors; from whom the Church received some part thereof. 2. Constantine who did as much honour the Church, and was as much honoured of the Church, as ever any Christian Emperor: leaving therein an example, which standeth as yet alone without a match, did notwithstanding take all that to himself, which is now called Ecclesiastical jurisdiction coactive, without any let, or contradiction, nay by the general approbation of all that then lived. When Caecilianus Bishop of Carthage was accused by Donatus and some other of that faction, for delivering the holy Scriptures to the enemies of Religion to be burned: Constantine commanded Caecilianus to come to Rome, with a certain number of Bishops which accused Optatus lib. 1. him, and other that might hear and understand the cause. And commanded the Bishop of Rome, than Milciades, with Euseb. li. 10. ca 5 certain Bishops of France (to the number saith Optatus of nineteen) to hear and end the matter: the Bishops condemned Dona●…us, who appealed from the sentence: and albeit the Emperor was much offended at his appellation, yet he could not choose but receive it. In all this process, the emperors Sovereign jurisdiction appeared, the cause was a pretended crime of a Bishop: the Emperor appointeth judges, and received the appellation: which things declared jurisdiction. 3. Likewise after he had banished Eusebius Bishop of Nicomedia, and Theognis Bishop of Nice, he wrote an Epistle to the people of Nicomedia, declaring the just causes of their banishment, and signifieth that his especial pleasure and desire is, to have Bishops, castos, orthodo●…os, humanos: and shutting up his speech, he saith: Quoasi quis audacter inconsulteque ad memoriam Theodoret. lib. 1. cap. 19 pestium illarum exarserit, illius statim audaeia ministri dei, hoc est, mea executione coercebitur. Where we see Constantine useth coactive jurisdiction over Bishops, he punisheth them, he declareth the true ground of his jurisdiction from the word of God, by which warrant he is placed the Minister of God. This is that coactive jurisdiction over Ecclesiastical persons, which did always belong to the Sovereign Magistrate, and was never by God given to any other. 4. It was always held by all sober writers of the Church of Rome, as hereafter shall be further declared, that in the Church there is no power above the power of a Council. And yet this authority of a Council, so much and so worthily reverenced could not restrain Constantine, but he upon good and just causes brought the rash proceedings of some Counsels to a new examination. For when Athanasius was wronged by a Council of Arians, he complained to Constantine. The Emperor Socrat. lib. 1. cap. 33. 34. sent for all the Bishops of that Council, to render an account of their proceedings before him: which declareth that his jurisdiction coactive, was above the power coactive of the Council. For here we consider only jurisdiction coactive, and not the matter or subject: for otherwise we acknowledge, as before is declared, that the determinations of general Counsels, are matters of an higher truth and authority, than the Statutes or decrees of any Emperor. But we speak here of that Sovereign jurisdiction coactive, which hath always appeared in the power of the civil Magistrate, and wherein the Church had no more part, then that she received from the liberality of godly Emperors: for as Kings receive the knowledge of faith and Religion from the Church, and not the Church from Kings: so coactive jurisdiction the Church receiveth from Kings, and not Kings from the Church. 5. There was no Council held in Constantine's time, whether of Orthodox or heretics, but either by the express commandment, or licence of the Emperor. Ruffinus saith, he called the Council of Nice at the request of the Bishops: Ex sacer Russin. h●…tor. Eccle. li. 10. ca 1 dotum sententia apud urbem Nicaeam concilium Episcopale convocat. Epiphanius saith that Council was obtained of the Emperor, at the suit of Alexander Bishop of Alexandria. So Lib. 2. Tom. 2. heres. ●…8. the Bishops who then lived in the Church, held it to be of the emperors right and jurisdiction to call Counsels. Theodoret rehearseth a Dialogue between Constans the Emperor, and Liberius Bishop of Rome, who afterward for fear and through weakness, and irksomeness of his exile, was drawn to subscribe to Arianism, as witnesseth Hierom, Ruffinus, Platina, Hieron. in chron. & catalogue. and other: In that Dialogue these words are worth the noting. Constans willing Liberius to forsake the Communion Ruffi. li. 10. ca 27 with Athanasius, and to condemn him; Liberius his answer Platin. Liberio. is, Ecclesiastica judicia cum summa justiciae observatione fieri debent: Theodoret. lib. 2. cap. 16. quare situae pietati places, judicium cogi impera, ubi si damnandus Athanasius videatur, sententiam illum ordine modoque Ecclesiastico feratur: nam fieri nequit ut condemnetur à nobis, de quo judicium datum non sit. That is, [Ecclesiastical judgements ought to proceed with exact observation of justice. Therefore if it please your Godliness, command a Council to be called, wherein if Athanasius seem worthy to be condemned, let sentence pass against him in Ecclesiastical order and manner. For it cannot be that by us he should be condemned, seeing we have no authority to judge him.] The Bishop of Rome here confesseth, first, That judicia Ecclesiastica, Ecclesiastical judgements are to be appointed and established by the Emperor; then he granteth him Ecclesiastical jurisdiction, and granteth, that to call a Council belongeth to his jurisdiction. Secondly, the Emperor cannot make a man an heretic, but this must be done by a Council or by the judgement Ecclesiastical. This being a thing not of coactive jurisdiction, but of knowledge in the word of God. Thirdly, the Bishop of Rome renounceth all right and authority of judicature upon Athanasius, therefore in those days he had no jurisdiction over other Bishops. 6. This mixed jurisdiction which now is practised by Bishops, Lib. 7. cap. 46. began in the time of Constantine. So Nicephorus witnesseth: Constantinus Clericos omnes constitutione lata immunes liberosque esse permisit; iudiciumque & jurisdictionem in eos Episcopis, si civilium judicum cognitionem declinare vellent, mandavit, & quoth Episcopi iudicassent, id robur & autoritatem sententiae omnem habere debere decrevit. That is: [Constantine by an edict granted the privilege of immunity to all Clerks, and granted to Bishop's judgement and jurisdiction over Clerks, in case they would decline from the courts of civil judges: and he decreed that whatsoever the Bishops judged, that should stand in all strength and authority of a decree.] Sozomen declareth by what occasion it grew first: For some began then to appeal from civil judgements to Ecclesiastical, and some Bishops received the appellations: which thing being approved by Constantine, gave great authority to this kind of jurisdiction. Episcopi (saith Sozom. lib. 1. ca 9 Tripartit. lib. 1. cap. 9 he) in causis civilibus sententias pronuntiarunt, si qui à judicibus civilibus ad eorum autoritatem appellassent. Quam rem propter venerationem Episcoporum adeò approbavit Constantinus, ut ratas haberi, p●…tioresque quam aliorum judicum sententias, nec minus quam ab ipso imperatore essent pronunciatae, per Magistratus & milites Magistratuum ministres ad effectum perduci lege edixerit. That is: [Bishops pronounced sentence in civil causes, if any appeaed to them from civil judges. This thing for the reverence of Bishops Constantine approved so much, that he ordained by Law, that these judgements should be ratified, and of greater authority than the sentences of other judges: yea, to be held of ●…o less force, then if the Emperor himself had pronounced ●…hem, so to be executed by the Shriefs & their servants.] 7 By which it appeareth, that these courts with this jurisdiction were understood then, no other than the emperors courts. The Emperor granteth this jurisdiction, saith Nicephorus, the Emperor ratifieth these judgements, saith Sozomen, the Emperor commandeth that the sentence of the Bishop should be every where received, as if it proceeded out of his own mouth. Which words are well to be observed. For the Emperor commandeth not, that the Bishop's sentence should be received as a divine sentence, but only as an human: not as proceeding from the mouth of God, but as proceeding from the mouth of the Emperor. Now if these Courts were then so evidently proved to be the emperors Courts, our adversaries may acknowledge their own ignorance & folly, who make declamations and many idle discourses, without solid proof, against them that call Ecclesiastical Courts the King's Courts: as if this were a thing new, strange, and never heard of before these late years. Their error is that common Sophism which filleth most of their books, which Aristotle calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, compounding & confounding those things Arift. Elench. which we distinguish, and which are distinct in nature. For in this word of jurisdiction, they confound these two distinct things, both that which is spiritual jurisdiction, yielded by us the right of the Church, and all that also which Princes have given to Ecclesiastical Courts: such as these privileges which Constantine gave to Bishop's Courts, and other Princes since have continued and enlarged. If these things be not distinguished, the truth can never appear in this question: by this the Reader may understand, who they are that hide and deface the truth by new varnishing of old rotten Sophisms. 8 Then all coactive jurisdiction came into the Church from the authority of Princes; for as the power of the Church is internal and spiritual, so external and coactive power was the right of Princes. To this purpose Eusebius reporteth a speech of Constantine at a banquet: calling himself a Bishop for things external, as they were for matters internal. His words are these: Vos quidem eorum quae intus sunt in Eccle sia agend●…, ego utro Euseb. lib. 4. de vita Constantini. eorum quae extra hanc sunt, Episcopus à Deo sum constitutus. And whereas jurisdiction is best known by appellations, it hath been often seen that from the Pope men have appealed to a council, as hereafter we are todeclare, but from a council we find no appellation to the Pope, but to the Emperor for some personal wrong. Athanasius being unjustly condemned by the Synod of Socrat. lib. 1. cap. 23. Tire appealed to Cinstantine, as Socrates witnesseth. In like sort Ambios. Epist. ad Theodos. Flavianus appealed to the Emperor, when the Synod of Capua had referred his cause to Theophilus, and the Bishops of Egypt. Yea, the heretics themselves in those days knew no means to appeal from the Emperor. Augustine saith, that Donatus August. Epist. 162. et ●…libi. did still appeal to the Emperor, being condemned by the Bishops and by Synods. And so religious were these ancient Bishops, in preserving the Emperor's jurisdiction, and yet maintaining the truth without fear: that when they were oppressed by Arians, and by the power of an Arian Emperor, yet they would use no other means, than these direct means. And Socrat. lib. 4. cap. 2. therefore the Bishops having a purpose to condemn the Arians, craved a counsel of Valens, an Arian Emperor, who granted them a counsel at Lampsacum, wherein they condemned the Arian doctrine. So that without the Emperor they would not gather a counsel, though it were to conclude directly against the emperors purposes. Thus doth Socrates report the calling of that council: but Sozomen saith, it was not obtained of Valens, but of Valentinian. 9 Besides these public and general Synods, there were also some more private and particular, in calling whereof the Bishops had power. The Bishop of the Diocese used to call a Synod of his Clergy, but could proceed no farther. Provincial Synods were called by metropolitans: but in a general Synod of many Nations, the Emperor had always the right of calling it: as a King hath the only right of calling a Synod, of those Nations that are under his government. For as the counsel of Nice was called by Constantine, so were all the counsels of these next three hundred years, called by the Emperors that governed at such times. Theodosius gathered the council of Constantinople against the heresy of Macedonius, in the third Prosper in Chroni●…is. year of his reign, which was the year of Christ 383. saith Prosper. The council of Ephesus against Nestorius, was gathered by the authority of Theodosius the younger: and the fourth general council at Chalcedon, by the authority of Martianus and Valentinianus Emperors. Leo the first, was a great man in these affairs, and he is the fittest to certify us of the truth, against whose witness our adversaries have no reason to except. This Pope then writing to the Emperor Theodosius, saith: Pietas Leo. Epist. 12. vestra apud Ephesum constituit Synodale concilium. And afterward declaring his obedience and conformity thereto, saith: Meum studium commodavi, ut Clementiae vestrae studijs pareatur. Ibid. And again: Ne autem pijssimi Principis dispositioni, nostra videatur Epist. 17. praesentia defuisse, fratres meos misi, etc. he hath the same also, Epist. 23. ad Theodosium. Again, he writeth to Pulcheria, to Epist. 24. move the Emperor to command a council to be holden within Italy, declaring that he wrote to the Emperor to entreat the same: Which thing he moveth also in other Epistles. And though he much desired this, that the Emperor would have Epist. 31. been entreated to hold a council within Italy, yet could he not obtain it, and therefore was ready to obey the Emperor, attending his pleasure therein, who appointed it in another place. 10 Which thing we observe, the rather because our adversaries oflate have yielded this as a proper right to the Pope to call counsels. Catholici munus con●…andi concilia generalia (saith Bellarmine) ad Romanum pontificem propriè pertinere volunt. Bellarm. de council. cap. 12. And when they are driven by these open and evident testimonies, they shift it thus: as to say, another may do it by the Bellar. Ibid. Pope's consent: but if the Pope neither appoint the place, nor no other by his commandment or consent, than it is no council, but a conciliable. These be vain and frivolous shifts of Friars. For it is true, that the Pope's consent was to these ancient counsels, but no otherwise then as the consent of all other Bishops. They consented because they could not choose, because they were resolved to be obedient: but they could not appoint either place or time. For Leo could not have it where he would, but it was where and when the Emperor appointed. 11 Before the council of Chalcedon, there is the Writ of the emperors Valentinian and Martian, called Sacra: to call Bishops to Nicaea. But another Sacra is sent to revoke that, and to call them to Chalcedon. So that all this while the Emperor's rule, as those that have Ecclesiastical jurisdiction. They call counsels, they punish offenders of the Clergy, they establish Ecclesiastical Courts, they are acknowledged the nourcing Fathers of Religion, the keepers and preservers of both Tables, and of the discipline of the Church. And therefore Leo writing Leo junior. Act. 18. Synodus sextae. to Constantinus Emperor, who called the sixth Synod, saith thus: Cognovimus quod sancta & universalis maxima sexta Synodus, quae per Dei gratiam imperiali decreto in regia urbe congregata est, etc., [We know that the holy and universal great sixth Synod, which by the grace of God is called and gathered by the imperial decree, in the imperial City, etc.] And a little after: Pietas vestra fructus misericordiae, potestas custos disciplinae. [Your godliness is the fruit of God's mercy, your power is the keeper of discipline.] And again: Nec enim minor regnantium cura est prava corrigere, quam de adversarijs triumphare, quia einimirum potestatem suam seruiendo subijciunt, cuius munere imperare noscuntur, etc. unde divinitus praordinata vestra Christianissima pietas, etc. Caput Ecclesia Dominum jesum Christum veram pietatis regulam amplectendo, etc. [For governors ought to have no less care to correct ungodly things, then to triumph over their adversaries: for they submit their power to his service, by whofe power they are known to rule, etc. Therefore your most Christian zeal preordained of God, etc. acknowledging our Lord jesus Christ the true rule of godliness, to be the head of the Church.] Wherein the Bishop of Rome doth acknowledge, first, that the general council is to be called only by the authority of the Emperor, imperiali decreto. Secondly, that the emperors power is such a power, as is custos disciplinae. He speaketh here in an Ecclesiastical cause, and of Ecclesiastical affairs. Now that power which is custos disciplinae Ecclesiae, what is it, but Ecclesiastical jurisdiction? This word jurisdiction was not then worn in such use as now it is, but we see the ancients use words countervailing it. The Bishop of Rome acknowledgeth Ecclesiastical power and jurisdiction to be in the Emperor, when he yieldeth him such a power as is preserver of the discipline Ecclesiastical. Thirdly, he confesseth that the care of the Church & Church-government for establishing the truth, doth no less belong to the office of a Prince, then to triumph over his foes in war. Fourthly, the Bishop of Rome as then acknowledgeth no other head of the Church, than jesus Christ as appeareth by his words. To the same purpose Saint Augustine saith, Divinitus praecipi regibus, ut in regno suo bona iubeant, mala prohibeant, non solum quae pertinent ad humanam societatem, verum etiam quae ad divinam religionem. Contra Crescentium li. 3. cap. 51. That is, Kings are commanded to estalish good things, and prohibit evil in their Kingdoms, not only in things belonging to Civil society, but in such things also that belong to divine Religion. Gregory the great following the footsteps of his Fathers, yieldeth the fame authority to the King: For writing to Theodoricus King of France, he saith: Iterata vos per vestram mercedem adhortatione pulsamus, ut congregari Synodum Regist. ca 273. iubeatis. This part of jurisdiction for calling of Counsels, is so fully confirmed to be the emperors right by the Aunceants, that Cardinal Cusanus (sure no Lutheran) disputing of this privilege, concludeth from the confessed testimonies of Cusanus lib. de Cath. concordantia 3. cap. 19 the Aunceants, these two things: First, That Emperors and Kings by their office must call Counc●…ls, Secondly, that their office is likewise by coactive power, to see the things maintained and observed, which are defined in general Counsels. 12. Hitherto then have we found the Sovereign jurisdiction always in Christian Magistrates, and never in the Bishop of Rome. How then cometh the Bishop of Rome to this practice of jurisdiction, which now he claimeth? Let us here consider one Pageant of theirs, which will declare the first claim and beginning of jurisdiction, which they have so much increased since. The first attempt was to win jurisdiction over Bishops, the second was to get the same power over Kings, and by that means over all. These we mean to open, with as much brevity as we can, and the matter will bear. First then to bring Bishops of other Nations under their power, a shameless devise was plotted by the Bishop of Rome, descried and rejected by the ancient Fathers that then lived; but yet so closely followed afterward by the Popes, that in the end it prevailed. I will declare the story as it is delivered by their own writers, who have collected the tomes of the Counsels. 13. The sixth Council of Carthage was gathered in the Prosper in Chrenicis. year of our Lord four hundred and twenty: against the heresy of Pelagius: it lasted six years and more. In it were gathered two hundred and seventeen Bishops, among whom was that worthy Father Saint Augustine, and others of famous note, as Prosper, Orosius, and divers other of great virtue and learning. Aurelius' Bishop of Carthage, Metropolitan of Africa was chief. In the time of this Council, three Bishops of Rome succeeding one another, moved great contention and quarrel with the Fathers of this Council for jurisdiction, which the Popes than began to claim, affirming that they had jurisdiction over the Church of Africa, which thing these Fathers of this Council utterly denied: the contention began upon this occasion. 14. Apiarius a Priest of the Church of Sicca, in Africa, Concil. African. cap. 101. was for his infamous and scandalous life excommunicated not only by Vrbanus Bishop of Sicca, but by a whole Synod of Bishops met together. This fellow thus censured in Africa, fled to Zozimus Bishop of Rome, to him he complained of wrong that the Bishops of Africa had done him, as he said. Zoz●…mus without examination of the cause, undertook to maintain him, and admitted him to the Communion. After this understanding, that the Bishops of Africa were gathered in their Synod, he sendeth to them Faustinus Bishop of Potentia, and with him two Priests, Philip and Asellus. Them he chargeth to defend the cause of Apiarius, to cause the Synod of Africa to reccive him to their Communion, to excommunicate Vrbanus, Bishop of Sicca, or else to call him to Rome, unless he will reform, that is, undo all that he had done against Apiarius. Further he commandeth them, to draw the Council to yield to the jurisdiction of the Bishop of Rome, and to acknowledge it lawful for any Bishop or Priest, to appeal from the sentence of their Metropolitan to Rome: he commandeth them also to signify, that he sent his Legate into Africa, who might understand the causes of appellants that were grieved. To effect this thing the better, he chargeth them to declare, that the Nicen Council hath given this jurisdiction to the Bishops of Rome: for proof hereof he delivereth unto them in writing a counterfeited Canon of the Nicen Council. 15. Faustinus coming to Africa with these instructions, and being admitted into the Council, declared that he had from Zozimus a Commission which he called Commonitorium; and withal he declared the jurisdiction of the Bishop of Rome, confirmed by a Canon of the Nicen Council. Aurelius' Prosident Concil. Carthag, 6. of the Council answered, let this Commission first be read which our brethren have brought: hereupon Daniel the notary read, and recited the Commission thus. [Zozimus Bishop of Rome, to our brother Faustinus Bishop, & to our fons, Philip & Asellus Priests: this business you know, you are to do all things as if our presence were with you, nay because it is with you: and the rather seeing you have both our express command, and the words of the Canons, which for more full assurance we have added to this Commission. For thus (most beloved brethren) it is decreed in the Council of Nice concerning the appellation of Bishops.] (And then forsooth the forged Canon os the Council of Nice followeth thus.) Placuit autem ut si Episcopus accusatus fuerit, & iudicaverint congregati Episcopi regionis ipsius, & de gradu suo deiecerint eum, & appellasse Episcopus videatur, & confugerit ad beatissimum Ecclesiae Romanae Episcopum, & valuerit audiri & justum putaverit Concil. Carthag. 6. cap. 3. ut revocetur examen, s●…ribere his Episcopis dignetur, qui infinitima & propinqua provincia sunt, ut ipsi diligentur omnia requirant, & juxta fidem veritatis definiant. Quo●… si is qui r●…gat causam suam iterum audiri, deprecatione sua moverit Episcopum Roma●…ū, ut è Latere suo presbyterum mittat, erit in potestate Episcopi Romani, quid velit, & quid existimet: & si decreverit mittendos esse qui presentes cum Episcopis iudicent, habentes authoritatem eius à quo destinati sunt, erit in suo arbitrio. Si vero crediderit sufficere Episcopos, ut neggtio terminum imponant, faciot quod sapientissimo consilio suo iudicaverit. That is, [We thought good that if a Bishop be accused, and the Bishops of that Province have given sentence, and deposed him; if this Bishop seem to appeal and fly to the most blessed Bishop of Rome, and desire to be heard: ●…f he think good to revoke the sentence, it may please him to write to those Bishops which are in that Province, that they may diligently search the matter, and judge it truly. But if he, that moveth his cause may be heard again, shall by his petition entreat the Bishop of Rome to send a Legate from his side, it shall be in the power of the Bishop of Rome, to do what he thinketh best. And if he decree to send some, who with the Bishops of the Province may be present to judge, having authority from him, from whom they are sent, it shall be in his pleasure. And if he think that the Bishops of that Province may suffice to end the business, let him do whatsoever in his most wise Council he judgeth best.] Before I proceed in this narration, let some things of note be observed: First, the Bishops of Rome were now grown from the honest and godly conversation of their Ancestors, to admirable impudence that durst suborn a Canon of the Nicen Council, and publish their own shame, in the sight of the Church then, and leave an eternal monument thereof to the world, for ever extant in public Counsels. Secondly, the ground of the jurisdiction of the Bishop of Rome, is forgery, famously attempted, and famously con●…icted at that present time. And yet this practice prevailed mightily afterward, this unblessed devise of forgery, being attempted in a number of decretal Epistles, to draw in this jurisdiction, a practice whereof no learned Papists can speak or think without blushing, and yet such is their miserable captivity, that they are willing to make use of that falsehood, whereof they cannot think without a secret confession of forgery. Thirdly, the ingenuous reader cannot but see, and understand the vanity of the Pope's flatterers, who striving now for this jurisdiction, would blasphemously draw it from Scriptures, such as thou art Peter, etc. And feed my Sheep, etc. These Scriptures were first drawn by the forged decretal Epistles to prove the Pope's jurisdiction, and are now commonly drawn to the same purpose: but when Zozimus, Bonifac●…, and Caelestinus began first to contend for jurisdiction, they claimed it not from Scriptures: this devise was not then found out, but they laid all the cause upon a forged Canon of the Council of Nice. So that this is but a late kna●…erie of the Pope's flatterers, to countenance their new found jurisdiction by Scriptures. 16. When this Canon was recited by the notary, the Fathers of the Council were much offended and troubled at the absurdity thereof: there were then present some of the best learned Divines than living in the world, they knew well there was no such Canon, they never read it in any copies of the Nicen Council, they never heard of this thing before: they resolved therefore not only to deny the Canon, but to refute the falsehood of the Pope so famously, that it might be known to all the world, and that the Church afterward might take warning of the Roman ambition: therefore they answered for the present, thus: that this Canon was not to be found in their books. And for a more full and sufficient examination of this matter, they would send for the authentic copies of the Nicen Council, before they could grant the Pope's request. To this purpose they writ a letter to Zozimus, which was presented Concil. African. cap. 101. to Boniface his successor, and is extant in the Tomes of the Counsels. 17. Boniface first receiving these letters (for Zozimus was dead before they returned) pursueth the claim of jurisdiction by corruption of the same Canon, and with obstinate and resolute perversity maintaineth the falsehood begun by his Predecessor. In the mean time two copies authentic of the Nicen Canons were sent to the Fathers of the Council of Carthage, one from Cyrillus Bishop of Alexandria: another from Atticus Bishop of Constantinople. These copies were read, but no such Canon could be found, as the Bishop of Rome had foisted in: the Father's understanding the fact, and having taken the Bishop of Rome in a flagrant crime, decreed that the true Canons of the Nicen Council should be observed, rejecting this suborned and supposititious Canon. This decree they sent to Pope Boniface: but God's judgements hastily following these corrupters, Boniface was dead before it came to Rome, and Caelestinus next succeeding received it. 18. Caelestinus as stiff for this jurisdiction as any of his predecessors, maintained the cause by the same means, resolved with shame enough to stand for the adulterated Canon: which pertinacy after open conviction, declareth that the policy of the Church of Rome began then to forsake religious courses, and to rest upon falsehood and forgery to obtain their wills. And therefore it is not to be marveled, if the truth of Religion afterward for saked them. Apiarius gave a new occasion to the Pope to work upon: for after that this man was received unto the Communion by Zozimus and Boniface, he returned to the Trabacens, where for his foul and scandalous life he was excommunicated again. To recover this disgrace, he flieth to his only refuge the Bishop of Rome then Caelestinus, who receiveth him, admitting him to the Communion; and directeth his Legates Eaustinus, Philippus, Asellus, to Africa, with a straight charge to draw the Council to yield to the demands of his Predecessors: for want of other help, he furnisheth them thoroughly with impudency and invict audacity: for what other virtues were left to maintain such a cause? The Legates coming with this Commission, require of the Council that Apiarius may be admitted to their Communion, and that they would be content to submit themselves to the Roman jurisdiction. The Fathers of the Council produce the authentic copies of the Nicen Canons, which they had procured from Alexandria and Constantinople: by which the Roman forgery was evidently convinced. Here began a fresh contention, Faustinus resolved to execute his Commission to his utmost power, exclaimeth against the Sea Apostolic, against the violatours of the Nicen Canons. The Council protesteth that they will embrace all true Canons, that they will yield to the Church of Rome all true privileges: only in the lawful, warrantable, and necessary defence of their own freedom, and of the Church's freedom, they must stand, and therefore could not admit a forged claim without show of truth. As they were in the heat of contention, the one side striving to impose the yoke of their jurisdiction upon the Church, the other resolved to stand close and faithful for the freedom of the Church: behold of a sudden Apiarius the firebrand of this contention, touched by the very finger of God, and drawn to give God the glory, and so to end this contention; falleth Concil. Africa. cap. 105. down on his knees before them all, and confesseth all those crimes to be most true, which were objected against him: and with humble supplication craveth pardon of the Council. And so this Tragedy ended. 19 The Fathers of this Council having this experience of the Pope's corruption and dishonesty: write to Caelestinus to this purpose. They entreat him not to trouble the Church, by Concil. African. cap. 105. patronising such wicked men as Apiarius: that he would not accept of appellations, made by such scandalous and condemned men, who would seek a refuge for their wickedness at Rome: they declare that the Nicen Canonsderogate nothing from the African Church: that the Fathers of the Nicen Council saw Quaecunque negotia in suis locis ubi orta sunt, finienda: nec gratiam spiritus S. unicuique Provinciae defut●…ram. with great wisdom, that all suits were to be ended in the places where they began; that the grace of the holy Ghost should not be wanting to any Province; that if any be offended he may appeal to a Provincial, or to a general Synod; that transmaritim judgements ought not to be admitted, where witnesses cannot be conveniently produced, either for sex or age: that to send any Legates from the side of the Roman Bishop, is a thing found in no Synod established; that the Canon of the Nicen Council, by which the Popes claimed this jurisdiction is not to be found in the authentic copies of that Council, and therefore falsified. Last of all they admonish him, that he and his successors must take good heed, Ne fumosum typhu●… saeculi in Ecclesiam Christi, etc. That is, that they induce not the smoke of arrogancy to darken the Church of Christ, which Church doth bring the light of simplicity and the bright day of humility to such as desire to see God. Thus write the Fathers of that Council to Pope Caelestinus; intimating by what means, that smoke did begin to rise to darken the Church which is prophesied in the Revelation, which came out of the bottomless pi●…t like the smoke of a great furnace. Upon these Apoc. 9 2. reasons they make a decree, to prevent his ambitious desires, by which decree they forbid all appellations to Rome, or to any other place from Africa: it is extant in the African Council, and this it is. Item placuit ut presby teri, Diaconi, vel caeteri inferiores Clerici Concil. Africa cap. 92. causis quas habuerint (si de judicijs Episcoporum suorum questi fuerint) vicini Episcopi eos audiant. [Moreover it was thought good that Priests, Deacons, or other inferior Clerks, if in their causes they complain of the judgements of their Bishops, they shall be judged by the next adjoining Bishops, etc.] And a little after, Quod si & ab iis provocandum putaverint, non provocent nisi ad Affricana Concilia, vel ad primates Provinciarum suarum. Ad transmarina autem qui putaverit appellandum, â nullointer Affricam in Communionem suscipiatur. [And if they appeal from them, they shall not appeal but to the African Counsels, or to the Primates of their Provinces. Whosoever appealeth to outlandish places, shall be admitted to the Communion by none within Africa. This was not so much a new decree, as the maintaining of that ancient decreed right, which Cyprian doth mention, testifying that it was decreed even in his time by all the Bishops of Africa, Cyprian. Epist. 55 Statutum est ab omnibus: that the cause should be there heard and examined, where the fault was committed. This Canon which was thus established in the African Council, is for clearing of the truth, and preventing of these ambitious courses, and claims of Rome, repeated and confirmed also in the Milevitan Council: where Saint Augustine was also present. Concil. Milevit. cap. 22. For it must be observed that the sixth Carthaginian, the seventh Carthaginian, the African, and Melevitan Counsels were held all about this time by the same men: so great was the care and diligence of the Fathers, that by many Counsels as it were by so many lights, they might dispel the smoke of the darkness, which they saw then rising out of the Church of Rome: which smoke after those times quenched the light, and covered the sight of the Church, as a mist covereth the heavens. 20 Thus did these worthy Fathers dispel this smoke for that time, and reject the yoke of the Pope's jurisdiction. In all this business S. Augustine had an especial hand and head. And as long as he lived, the Popes could never prevail. But the Bishops of Rome having thus once cast off all regard of truth and modesty, were resolved to proceed on in this wretched course, and never gave over, till at last they obtained their purpose. There is an Epistle of Boniface the second, written after these times, extant in the Tomes of counsels, which whether it be true, or counterfeit (as much other stuff is of this argument) we are to observe something out of it, because it concerneth this question. This Epistle is entitled, De reconciliationae Carthaginensis Epist. 2. Bonis. 2. inter decreta eiusdem. Ecclesiae, written to Eulalius Bishop of Alexandria: he certifieth the Bishop of Alexandria of great joy, for as much as the Church of Carthage is now returned, saith he, ad communionem nostram: and receiveth all our mandates, which by our Legates we send them. He signifieth that supplications must be made to GOD, that other Churches may likewise be brought home to the same obedience. That the Bishop of Alexandria must give notice hereof to all the brethren about him, that they cease not to give thanks for such benefits of the heavenly favour. For, saith he; Aurelius praefatae Carthaginensis Ecclesiaeolim Episcopus, cum collegis suis instigante diabolo, superbire temporibus praedecessorum nostrorum Bonifacij atque Coelestini contra Romanam Ecclesiam coepit, etc. That is: Aurelius once Bishop of Carthage, began with his colleagues, by the instigation of the devil, to wax proud against the Roman Church, in the days of our predecessors Boniface and Coelestinus. But Eulalius at this time Bishop of Carthage, finding himself for the sins of Aurelius, cut off from the communion of the Church of Rome, hath humbled himself, and sought peace, and the communion of the Church of Rome by his subscription, and together with his colleagues hath by Apostolical authority utterly condemned all Scriptures and Writings, which by any wit have been framed against the privileges of the Church of Rome. 21 Whether this Epistle be forged or not, it cometh all to one reckoning. For if it be forged, let the Bishop of Rome take the shame of the fórgery. If it be the true writing of the Bish▪ of Rome, than he avoucheth that the holy & worthy man of God S. Augustine, with Aurelius, and the rest of his colleagues were stirred up by the instigation of the devil, to withs●…and this Roman jurisdiction. We may the better bear the reproaches of the Romish Synagogue, when they sharpen their tongues and pens against the servants of GOD in our times, seeing they lave done as much against the ancient godly Fathers. For what can the late Popes say more against M. Luther, john Calvin, or any other of the worthies of the reformed Churches, than this Boniface the second saith against holy S. Augustine, that he with the rest of his company were stirred and instigated by the devil, to stand against the jurisdiction of the Romish Church? Then when we deny their jurisdiction, we deny it with the Fathers: when we are therefore condemned by the Pope and his Court, we are condemned with the ancient Fathers, with them we suffer, with them we are reviled, and condemned. The goodness of our cause, the fellowship of the ancient Saints, the warrant of the truth, is able to support us against the impotent malice and fury of these men, that have no other cause to be offended at us; then their Fathers had against S. Augustine, and the rest of the ancient and holy Fathers, who have resisted the Romish jurisdiction, and therein have left a worthy example to us, to follow their footsteps. Thus we see the Pope's jurisdiction was first attempted by forgery, and afterward by falsehood, and tyranny effected. 22 Other Churches were afterward in time drawn to the obedience of this jurisdiction. The Churches of Ravenna, Aquileia, and Milan, were long after this brought under the same yoke by Pope Stephen the third, saith Sabellicus. But Epist. Stephan●… 3. apud Sabellicum. Platina saith, that Milan was drawn to this obedience by Stephen the ninth. If this be true, than Milan stood out till Platin. Stephano. 9 the year of Christ nine hundred and forty. And thus the quarrel for jurisdiction was begun by Zozimus, maintained by Boniface, and Caelestinus, but rejected by these African Counsels. The cause was much helped by some that succeeded as Leo, and others. Who though in some things they were deceived, and by the sleighty and subtle work of Satan drawn to do it, upon this so much fancied jurisdiction of Rome: Yet (as in charity we are to judge) they were preserved by the mercy of God, from that shameless impudence of some of their predecessors, and were content to leave things as they found them. And so the Church of Rome stood until the time of Gregory the first. CHAP. VI Of the state and jurisdiction of the Church, from the year of Christ 600. until the conquest of England. Wherein is declared how this jurisdiction was first refuted by the Popes, and after obtained by the succeeding Popes. How the Popes resisted the Emperor, and surprised the emperors jurisdiction and lands, and how some Emperors recover jurisdiction again. NOw we enter into those fatal times of our captivity: For we confess that our Fathers were by a just judgement of God brought into a captivity far greater than the Babylonian. Our Kings, our Bishops, our people, our Church, and all were oppressed. And they that led us captives ask us, where was our Church then? We answer, in captivity. For though the greatest number than followed the pleasures and delights of Babylon, yet among them the true Israel of God remained. And we are able, by the grace of God, to prove a true Church to have continued in the doctrines of the truth, until God sent in his wonderful mercy, a deliverance from this captivity. But this belongeth to another question. 2 After these times the jurisdiction of Princes and of the Church, was oppressed by the Pope. But before they came into that great oppression and captivity, it pleased God, for better testification of his truth to all ages, and for the confusion of this tyranny gotten and maintained by forgery; to cause one of the Popes to dispute this question with such zeal and courage, that it remaineth an everlasting testimony against this jurisdiction, and against all his successors. For when john Bishop of Constantinople would have had this title of Ecumenical Bishop confirmed to him, Gregory the first (questionless the best Pope that hath been since his time) useth such reasons against john, as are sufficient to prove, that no Bishop hath right to that jurisdiction which now the Pope's claim, and that he who usurpeth that place above his brethren, is Antichrist. And if the judgement of Gregory, be sufficient to determine this controversy, it will follow that Antichrist hath been raised up in the Church of Rome presently after Gregory, and hath in the succession of those Bishops sit there ever since: because since the time of Gregory, they have taken and claimed this title, and thereby so much increased in pride, ambition, and enormous practices against the Church, and against states, that he that compareth these times with the former, shall find it another state, than it was in the time of Gregory. 3 And because the Pope now glorieth in this title of universal Bishop, from which title he would draw a jurisdiction over all Bishops, Gregory herein is peremptory, that whosoever taketh that title, robbeth Christ of his place and glory. For, saith he: Sub uno capite omnes membra sunt Ecclesiae, sancti ante legem, Lib. 4. indict. 13. sub lege, sancti sub gratia: et nemo se unquam universalem vocari Epist. 82. voluit. [All the Saints as members of the Church are under one head, the Saints before the Law, under the Law, and under grace: and no man would ever suffer himself to be called an universal Bishop.] This was then the learning of the Church of Rome, that because Christ was the only head of the universal Church, therefore no man may be. For the devise which after this the Friars brought in, of caput ministeriale, was then unknown. The reason of Gregory is well to be observed: because every man is a member of the universal Church, no man can be both head and member of the same. And therefore he urgeth this thing often; as namely where he saith: universa sibi Epist. 36. lib. 4. tentat ascribers, & omnia quae soli uni capiti cohaereut, videlicet Christo, per elationem Pompatici sermonis, eiusdem Christi sibi studet membra subiugare. That is: he seeketh to ascribe all to himself, and whosoever as members are knit to one only head, that is Christ, he deviseth by the pride of this pompatical title to subdue to himself. Thus saith Gregory of him that sought this title of universal Bishop. In many other places he proveth the same: that Christ is the only and sole head of the Church, and therefore no man can challenge this title of universal Bishop, or head of the universal Church. Whosoever doth it, must bec that Antichrist that thrusteth Christ out of his place. For it is well to be observed, that the reasons of Gregory against the claim of universal Bishop, or head of the universal Church, do as well and truly refute all these names of pride now challenged by the Popes, as this which then was challenged by john of Constantinople. For now these titles are given to the Pope as his due style: Princeps Sacerdotum, Bellar. de Rom. Uicarius Christi, caput Ecclesiae, fundamentum Ecclesiae, Pont. lib. 2. cap. 31. pater & doctor omnium fidelium, sponsus Ecclesiae, Episcopu●… universalis. All these being titles of the like pride and pomp, are alike condemned by Gregory. Of this title of universal Bishop Gregory saith so much, as might justly deter all his successors from that or any of the like nature. For he calleth it: Vocabulum profanum, vanum, nomen vanitatis, vocabulum perversum, vocabulum elationis, scelestum, superstitiosum, superbum; Thus in divers places he setteth out that title, and farther saith that it is: Appellatio nefan●…inominis, profani nominis superbia, appellatio frivoli nominis, vanitas stulti nominis, nomen Pompaticum. By all which terms dispersed in divers parts of his works, he hath declared his zeal against the pride of them that take such names upon them, declaring that the blasphemy of this name was a proof, that Antichrist was rising in the Church. For he saith, that he that taketh this name of universal Bishop, is the forerunner of Antichrist. For that Antichrist must be Lord of the Clergy, Gregory witnesseth, saying, Sacerdotum ei praeparatur exercitus. 4. Now seeing that from these names of pride, they would prove the Pope's jurisdiction: We answer, this proof is founded upon a rotten and ruinous groundwork, seeing their ancient Popes have upon the same reasons grounded the proof of Antichrist. After the death of Gregory, Sabinian succeeded, who sat but five months and nineteen days. And then came Boniface the third, who obtained of the Emperor Phocas, that title which Gregory had so condemned. Then and never before was the Church of Rome made the head and Mistress of all other Churches, and the Pope the chief Bishop of all Bishops. This was done in the year of Christ six hundred and six. And this Boniface is accounted the threescore and six Pope from Peter, as Caranza noteth. Then we say, that whatsoever Gregor●…e hath written against john Bishop of Constantinople, all standeth strong against Boniface the third, and all the Popes after him. For he first obtained this Antich●…istian name, and all the rest have enjoyed it, & much increased both titles of pride and power answerable to those ticles. 5. But because Bellarmine would salve up the wound that Gregory hath given to all Pop●… after Boniface, let us briefly consider his shifts, and so proceed. First he saith, that by Gregory his words the Pope should not be Antichrist, but only praecursor Bellar. de Rom. Antichrist●…, the forerunner of Antichrist. Name praecursor, Pont. lib. 3. cap. 13. saith he, non debet esse idem cum eo quem praecurrit, sed long minor. Si ergopraecursor Antichristi est ille, qui se facit Epis●…pum universalem, ipse Antichristus verus non ho●…se faciet, sed aliquid maius. We answer: Boniface the third, who first obtained this title in the Church of Rome, was the fore runner of Antichrist, and began to his successors, but his successors increased that dominion which Boniface began: For they were not only universal Bishops, that is, Lords of Bishops, but they were also Lords of Kings: that is, more than Boniface was: and therefore we yield, that the forerunner is less than Antichrist in his height, and yet we say, that Gregory his words stand both against the one and the other, unanswered by Bellarmin●…. Another testimony of Gregory, he would shift thus. Pariratione (saith Bellarmine) Bellar. ibid. cum ait Gregorius: Sacerdotum ei praepar●…tur exercitus: non vult dicere Sacerdotes ut Sacerdotes, ad exercitum Antichristi pertinere, sic enim seipsum etiam in illo exercitu collocasset, sed Sacerdotes ut superbos Antichristo exercitum praeparare. Granting all true that Bellarmine saith, the wound is not cured which Gregory hath given to the proud Popes, and to their proud and luxurious Priests: these falues of Bellarmine are so far from curing of the sore, that they make it much worse. Moreover, Bellarmine sometimes would shift it thus, as if john Bishop of Conftantinople, when he sought to be Occumenicall Bishop, did not mean to be the chief of all Bifhops, as the Pope is, but to be the only Bishop, that there should be no other Bishop in the world but himself: so that he would infer that the thing which 〈◊〉 obtained, was not the very thing which Gregory so lately before, and so heinously had condemned. We will therefore out of approved Histories briefly show, that the honour which Boniface obtained, was no other thing, than that dishonourable title which john Bishop of Constantinople sought to get, and which Gregory so much reproved & abhorred. 6 And certain it is, that the thing which Gregory so sharply reproved, was that which john 〈◊〉. Now that Boniface obtained the same thing, they who write thereof, bear sufficient witness. Paulus Diaconus saith thus: Hic (Phoca●…) rogan●…e Papa ●…aub. Warnefrid. P●…uca. Bonifac●…o, statuit sedem Romanae Ecclesiae, ut cap●…t esse●… omnium Ecclestar●…m, quia Ecclesia Constantinopolitana primam se omnium Ecclesiarum scribebat. That is: [This man at the suit of Boniface, ordained that the sea of Rome should be head of all Churches, because the Church of Constantinople wrote herself the chief of all Churches.] Then by this testimony we find, that Boniface obtained no other thing of Phocas, then that which john Bishop of Constantinople had sought before. Abbas Vspergensis Vspergens. Chronic. saith. Post ●…abinianum Bonifacius cligitur ad Pontisicatum: cuius rogatu Phocas constituit se dcm Romanae et Apostolic●… Ecclesia caput esse omnium Ecclesiarum, nam antea Constantinopolitana ●…e scrit ●…bat primam omnium. That is: [After Sabmian Bonifau was chosen Pope, at whose suit Phocas ordained, that the sea of th●… Roman Apostolic Church should be th●… head of all Churches: for before this, the Church of Constantinople had writ herself the chief of all.] Then this thing was granted by Phoc●…s, at the suit of Boniface; and what was granted? no other thing than john of Constantinople had sought before. Platina witnesseth the same thing: Bo●…ifacius à Phoca imperatore obtinuit, Platin. Bonifac. 3. magna tamen contentione, ut sedes beati Petri Apostoli, quae caput est omnium Ecclesiarum, ita & diceretur & haberetur abom●…bus: quem quidem locum Ecclesia Constantinopolitana sibi vendicare conabatur. That is: [Boniface obtained of Phoca●…, but with great suit, that S. Peter's sea which is the head of all Churches, so should be called and accounted of all: Which place the Church of Constantinople sought to take to herself.] Then this was gotten by the importunate suit of Boniface, and he obtained nothing, but that which john Bishop of Constantinople had sought before. And thus the Writers that make any mention of this thing, witness without question, that Boniface by importune suit and great contention, obtained no other thing then that which the Bishop of Constantinople had so lately sought, and which Gregory the first Pope had so peremptorily condemned as a thing blasphemous, 〈◊〉, prejudicial to the government of Christ's Church, 〈◊〉 Christ down, and raising Antichrist up, and therefore utterly unlawful for any Bishop to seek or to hold. For that herein was included that principality over Bishops, which Gregory also so much condemned, no man maketh question. Blondus saith: ad huius (Bonifacij) petitionem Phocas antistitem Rom. principem Episcoporum omnium dixit. That is: [At the suit of Boniface, Pho●…as appointed the Bishop of Rome to be the Prince of all Bishops.] And Nauclerus Vol. 2. Generate. 21. saith: Bonifacius insolentiam Patriarchae Constantinopolitaniss 〈◊〉 se appellantis, compescuit. Phocas enim Pontisicis suasione, publica, ac ad ●…niuersum orbem dimissa sanctione, constituit, ut Rom. Ecclesiae, Romanoque Pontisici omnes orbis Ecclesiae obedrent. That is: [Boniface repressed the insolence of the Patriarch of Constantinople, calling himself Ecumenical. For Phocas at the suit of the Pope, ordained by a public decree, published over: he world, that all that Churches in the world should obey the Church of Rome and the Bishop of Rome.] Then this matter is s●… evident the no shift can help it, no cloak can hide the shame: so that either Gregory's works should have been burned for Heresy, or this title of Ecumenical Bishop, should not have been taken up by the Popes. 7. And hence is the original of the Pope's jurisdiction over all Bishops, he had once as much jurisdiction over Bishops, as Phocas could give him. But who gave him jurisdiction over Princes? That part of jurisdiction was not then known in the world. But after this it crept in, the occasion thereof grew thus. When the Empire was utterly decayed in the West, and so weak in the East, as not able to keep Italy in obedience; though for a time rather by the bare name and opinion of ancient government, then by any present strength, they kept some command in Italy by their exarchs abiding at Ravenna: Gr●…gorie the second Pope, espying this weakness, and watching for an opportunity to take the Empire at such disadvantage: to drive the Emperor quite out of Italy, used the help of the Lumbards' against him; and prevailed so far that he gave the Emperor's army the overthrow in a pitched field: and slew Paulus the Exarch in battle, ●…ac tempestate (saith Palmerius) inter' Pontificem & imperatorem maxima discordia fuit: quam ob In chronic. an. 726. causam contra Pontific●…m in Italiam missi sunt primum Paulus Exarch●…s; mox eo nterempto in eius locum substituitur Eutychus: sub quo variè pugnatum est divisa Italia. In quo bello Antipharium Longobaraorum ducem, availias Pontifici praebuisse Constat. That is, [At this time a great discord rose between the Pope and the Emperor: for which cause first Paul the Exarch was sent to Italy, but he was slain, and Eu●…ychus sent in his place: under whom many battles were fought with variable fortune, Italy being divided. In which war it is well known, that Antipharius Duke of the lombards did aid the Pope against the Emperor.] Nauclerus declareth that one especial occasion of this breach between Leo the Emperor, and Gregory the second Pope, was, that Leo abolished images which were worshipped, and commanded the Pope to do so: whereat the Pope was so enraged that he drew all Italy from the obedience of the Emperor. Tantamque authoritatem tune habuerunt Romani Naveler. Vo●…. 2. generat. 25. Pont. decreta (saith Naucl●…r) ut Ravennates primi, exinde Venetia, populi atque milites, apertan in Imperatorem Exarchumque rebellionem pra se tulerint. Ac eo processit rebellio, ut depositis Exarchi magistratibus, singulae civitates, singula oppida proprios magistratus, quos duces apellabant, creare & prasicere eurarent. [Such authority than had the Pope's decrees, that first the Ravennates, after that the Venetians did raise an open rebellion against the Emperor and the Exarch. And this rebellion proceeded so far, that every city, and every town put down the exarchs, and created proper Magistrates to themselves, whom they called Dukes.] Thus fell the government of Italy into so many parts every one catching what they could, as men use to do at a great shipwreck. And the Pope was careful to provide that his part should not be the least. 8. When thus the Pope had driven the Emperor out of all Italy, and by that means had drawn Italy into as many Dominions in a, manner, as there were great Cities; the strongest began to pray upon the weaker. here began the fire of emulation to kindle between the Pope and the Lumbards', for the Lumbards' were the strongest part of Italy then, and the Pope's part was the second: all other were weak in respect of these two; and these two thereto agreeing well hitherto, so long as both conspired against the Empire: began now to fall at variance about the dividing of the spoil. The Pope finding the Lumbards' too strong for him, in this parting of the spoil of the Empire; as before he had used the strength of the Lumbards', to suppress the Emperor: so now following the same art, called Pipin the Constable of France into Italy, by whose power he repressed the Lumbards': and compelled Astulphus their King to receive conditions of peace. Platina saith, that Gregorius chief Secretary to the Emperor, did meet Pippin as he came into Italy, and entreated him that if he should overcome the Lumbards', he would restore the Exarchate of Ravenna to the Emperor, to whom of right, said he, it belonged, (All that poor right that then he sought to hold in Italy, detained as then by the Lumbards', but presently falling unto the Pope's share) and that he would not yield it to the Pope. The answer of Pipin was, he came into Italy to gratify the Pope, and that he would help him as much as he could. That which after the victory fell to the Pope's part, and to Rome, was saith Platina, all that lieth between Padus and the Apennine, from Placentia, to the Venetian standing waters; and whatsoever is contained between the river Isaurus and Apennine. Paulus Aemylius saith, all that which before was called Flaminia, wherein was Ravenna, was hereupon commanded to be called Romandiola. The match by negotiation between Pippin and the Pope was made thus: that all that which was recovered from the Lumbards', being before parcel of the Empire, should be adjudged to the Pope, and to Rome: and Pippin for his service should be made King of France by the Pope, and Chilperic the lawful King should be deposed. All this was accordingly performed; and Pipin was absolved from the Oath of Allegiance, and so were all the Barons and people of France absolved from the Oath of obedience: which before they Uspergensis Nau●…ler. had taken to Chilperic, or as some call him Hilderic, their King. 9 This Story I have briefly set down, that the ground of the Pope's jurisdiction may be the better observed: for from such strange grounds, these Roman Catholics draw the Pope's jurisdiction, and the parts thereof, as a man of ordinary reason would least suspect: so capricious are they now grown. As for example, from this fact of Pope Zacharie, who absolved subjects from the Oath of Allegiance to their true King; who would think that the Pope's jurisdiction could be drawn? who would not rather judge that the Pope's arrogancy, pride, usurpation, oppression, corruption might by this be proved? And yet Augustinus. Anconitanus maketh this fact the only ground and proof of his jurisdiction: we look for such a jurisdiction as Christ left to his Church, we look for proofs from Scripture: but we find no other jurisdiction proved, than the jurisdiction of Antichrist, opposite to Christ's jurisdiction, and over Princes: for proofs out of the word of God, we find no other proofs, than such as are drawn from the Pope's rebellion and conspiracy against the ancient Emperors, from their unjust usurpation, and oppression of lawful Kings, from an impious power pretending authority to break and violate oaths, and faith, and Allegiance of subjects. And this manner of prose is held so strong, that nothing is more common among them then thus to prove jurisdiction. One of that rank would after the same manner prove this jurisdicton by the Pope's dispensing against oaths and vows. For, saith he, [Edward the Confessor An answer of a Catholic Divine to the fifth part of reports of Sir Edward Cook P. 123. had made a vow to go in person to Rome, but was dispensed by Pope Leo the ninth, King john sued to Pope Innocentius the third, to be dispensed with all for his oath: which he had made to the Barons of England. And Henry the seventh procured from Pope julius the 2. that notorious dispensation for Prince Henry his son, to ma●…ry the Princess Katherine of Spain, left by his brother Arthur. Hereupon he inferreth thus, these alone are sufficient to show what opinion was held from time to time by the Kings of England, concerning the Pope's Sovereign Supreme jurisdiction in spiritual matters belonging to conscience and directing of souls: thus far the Roman Catholic.] 10. If this kind of proof please them to prove the Pope's Sovereign supreme authority, ●…hey may have enough thereof. For as Pope Za●…harie dispensed with the oath of Pippin, and all the French Barons, and subjects; so do the Popes since practise this part of jurisdiction with great fervency or rather fury: they dispense with the oaths of subjects, they raise up rebellions against true, natural, and lawful Kings, they advance usurpers. This jurisdiction we grant Popes have practised but with shame enough, here is the difference between them and us, between an evil cause and a good, between impudency, and confidence in the truth: both they and we bring the same examples, but to contrary ends: they bring these examples of the Pope's practices, to prove jurisdiction: we urge the same examples to shame the Pope with his jurisdiction, Let the indifferent and ingenuous reader judge, whether apply them to the true right and proper end. For let them answer us, if they can, whence the Popes have authority to execute such a jurisdiction, as they have neither from Christ, nor from the Princes of this world? For certain it is that to dispense with oaths, to stir up subjects against their natural Princes; to move rebellions: is a power which the Pope hath not received from Christ, nor from the Princes of this world. From whence then hath he it, let them tell us, who make it a part of his jurisdiction. 11. After this, Charles' the great, son to Pipin, was made Emperor by Leo the third Pope. At this time it appeareth, that the jurisdiction which by the Emperor before this, was usually practised upon the Bishop of Rome, and other Bishops began to be taken out of the hand of the Magistrate. For when Charles hearing many complaints against this Leo, concerning his life and conversation, called him to an examination in a great meeting of Bishops, it was answered by a great acclamation: Sedem Apostolicam omnium Ecclesiarum caput, à nemine Platin. Leone 3. Naucler. gener. 27. (laico praesertim) judicari debere. That is, [It is not meet that the Apostolic Sea, the head of all Churches should be judged of any man, especial a Lay-man.] This moved Ch●…rles to omit the matter: so soon had they learned to turn this power against the Emperor, which they had some two hundred years before received from the Emperor This jurisdiction then by this time had received a great change; for in former times, as the inquisition of false doctrines belonged to the care of Bishops, so the examination of the life and manners of Bishops: belonged always to the Magistrate. So Solomon deposed Abiathar. So Constantine banished divers Bishops, and reform the Clergy. The godly Popes and Bishops in former times yielded this power to the Magistrate, which God hath given him; knowing that every soul is subject to them, even Bishops, even Popes: yea, Apostles themselves. But now by the fall of the Empire, Papacy rising, and a new strange image of the Empire, rising up in the Papacy, this jurisdiction was then in hatching, which afterward was brought forth by a monstrous birth. 12. My purpose is, to note the occasions of alteration of jurisdiction in the Church of Rome; and how the Pope's having cast off the jurisdiction of the Civil Magistrate, did in time draw to themselves a new form of jurisdiction; increasing the same by degrees. For whereas at the beginning as we have showed, the Bishops of Rome with others, were under the coactive jurisdiction of the Civil Magistrate: the absence and fall of the Empire gave opportunity to the Bishops of Rome to raise themselves. The first beginning of their jurisdiction, was by getting appeals to be made to them: the enlarging & advancing of it, was by obtaining the title of caput Ecclesiae, & universal B. The Pope was not called caput Ecclesiae, but the Church of Rome got that title under Phocas, the Pope got it by his flatterers long after. And in the time of Charles the great, they had gotten in one foot farther into this jurisdiction; for than they began to refuse the coactive jurisdiction of the civil Magistrate. All this while they were not come to the height and top of they jurisdiction, to practise coactive power over and against the civil Magistrate, to depose Princes, to raise up rebellions, to absolve subjects from their faith and allegiance, though some of these things were a new founding, yet they were not come to their perfection till after this time: as we purpose in order to declare. And as we note their practices, so we must no less have an eye to the men and means, which withstood them in these ambitious courses. 13 These attempts of jurisdiction were then most famously withstood, when they were brought to their full height. For after that the Popes had begun to stretch their jurisdiction to the prejudice of Kings and Princes, than began the opposition most to appear, learned men being stirred up to write, and thoroughly to examine this question. Whereof my purpose is to speak farther in the last Chapter of this Treatise. Here we will only note what resistance it found at the beginning, before it was grown up to that height, whereunto it came in time. First, we find that both Charles the great himself, and other Princes and Bishops, have withstood the Bishop of Rome herein; and seeking to give every one his right, have given many parts of that jurisdiction, which now the Pope claimeth, to the civil Magistrate. For after that Charles had subdued the Lumbards', as his father Pipin had done before him: and besieging Desiderius King of the Lumbards', came to Rome from the siege, to know what he should have for his travail, for recovering S. Peter's Patrimony, as the late Patrimony of the Emperor falling to the Pope, than began to be called, (for the Pope had promised to Charles for oppressing the Lumbards', and recovering this new Patrimony, so much desired, so hotly pursued, so dearly bought, that he should be made Emperor of the West, and the ancient authority and jurisdiction of the Empire should be restored to him.) For the better effecting of these affairs, Charles having set a strong siege about Pavy, and taken order with his Captains for that service; left the siege & came to Rome, bringing with him a great number of Bishops & Abbots, to hold a Synod with Pope Hadrian; and therein by all their industry and knowledge, to find out what were the true and ancient privileges of the Empire, and what was the emperors jurisdiction confessed. Pope Hadrian received Charles honourably, and at his pleasure called a council. Wherein questionless some parts of the ancient jurisdiction were restored to Charles. For that Synod gave him power to choose the Bishop of Rome, and in all Provinces of his government to invest all Archbishops, and Bishops. Thus much is acknowledged by as many witnesses in a manner, as are Writers of the Story of this time. But of late some have quarreled against this Story, denying it to be true: which quarrel I purpose to handle and discuss in the next Chapter, in his proper place. Theodoricus de Niem writing of this council, and of the end and purpose of those that held it, saith, that this Synod was gathered purposely to search out the ancient uses, laws, and customs of the Empire and Church: that each power knowing their own limits, the one might not encroach upon the other. Celebrata est (saith Theodor. de Niem. he) ab 153. viris religiosis, Episcopis & Abbatibus, etc. ab universis regionibus et oramibus almae urbis, à cuncto eti●…m Clero huius sanctae Rom. Ecclesiae, ex quirentibus usus, leges, & mores eiusdem Ecclesiae et imperij. That is: [It was celebrated by one hundred and fifty three religious men, Bishops & Abbots, etc. by all the regions and degrees of the City of Rome, by all the Clergy of this holy Church of Rome, making search and inquisition for the uses, laws, and customs both of this Church and of the Empire.] Then we see that Charles recovered some part of the ancient jurisdiction of the Empire. Which notwithstanding since his time, the Popes by invincible contentions, wrested from the Emperors, challenging it to be a part of their own jurisdiction, and charging the Emperors with Heresy and Schism for practising that right, which other Popes before them, acknowledged to be the ancient right of the Empire. 14 And because to the jurisdiction of Princes it belonged of old, both to call counsels and to confirm them, therefore Charles did not omit this part of jurisdiction, though as the event declared, it was much against the Pope's pleasure. He called a Synod at Frankford, wherein was condemned the doctrine of worshipping of images, which doctrine the Pope had late before confirmed. The occasion hereof grew thus. Leo Isaurus Emperor, being much offended that the Saracines had that great and just exception against Christians, that they worshipped images: called a Synod at Constantinople, wherein the Paulus Diacon. worship of images was condemned, and the images burned. He sent also to the Bishop of Rome, as then Gregory the second, commanding him to do the like, if he would have his favour, saith Paulus Diaconus. Gregory the second took this in su●…h indignation, that he rebelled against the Emperor, and raised all Italy into a rebellion, by which means the Emperor lost all that then was left in Italy. Gregory the second, in the mids of these stirs died, and Gregory the third succeeded, who prosecuting the purpose of his predecessor, called a Synod at Rome in the year seven hundred thirty three by Sigebert: seven hundred Sigebert. thirty nine by Palmerius. In this Synod the doctrine of Palmerius. worshipping images was confirmed; Leo the Emperor was excommunicated and deprived. Thus began the Pope to practise a new jurisdiction, in deposing Emperors. After this Constantine surnamed, or rather nicknamed, Copronimus, in the year of Sigebert. Christ, saith Sigebert seven hundred fifty five, called a Synod at Constantinople, wherein the worship of images was again condemned. But another Synod was held at Rome by Pope Stephen the third, in the year of Christ seven hundred threescore and eight, wherein the worshipping of images was again approved. Which was more famously confirmed in the year of Christ seven hundred four score and eight, by another Constanstine, and his mother Irene, who called the second Nycen Synod, wherein Imagery prevailed much by the help of Pope Hadrian. 15. Upon these stirs, Charles the great was moved to call a Synod at Frankford. Thither sent Pope Hadrian the acts of the second Nicen Synod, to be approved there, and to direct this Synod at Frankford, if they would take any direction from the Pope. But the Fathers of this Synod not regarding the Pope's direction, took a mean course between the greeks, who destroyed and defaced images, and the Church of Rome, which maintained the worship thereof. For they decreed that it was not impious to set up images, but to give any worship to them, this they held to be utterly against Christian faith, and to be a thing received from the superstition of the Gentiles. This Synod was called and confirmed by Charles the great. Then belike the Pope had not gotten all jurisdiction over Kings, which now he claimeth. For the Emperor called Synods: not the Pope. Neither as than had he gotten jurisdiction over all Bishops, In Synodo Francsord. because we see many Bishops were found in Germany, France, Aquitany, and England (for all these Nations Charles nameth in his letter to Elepandus' Metropolitan of Tolet, as favouring and maintaining the truth against the worship of images) which resisted the Pope in this matter: so that his great and sovereign jurisdiction was not then established. 16. About this time that most worthy, most religious, and learned King Alfred reigned in England. Aser Menevensis writing Aser praefat, ad Alphredum. his life, entitleth him, Omnium Britanniae insulae Christianorum rectorem. Which title doth not much differ from that which is now in part given to the King: supreme Governor of all persons Ecclesiastical. For whereas at this day the discipline of the Court of Rome, exempteth Clerks from the King's Courts, and consequently from the King's government, it appeareth that in King alfred's time, this thing was utterly unknown to the world: therefore this King is called and acknowledged to be the Governor of all Christians within his dominions. Now because Bishops and Clerks were Christians, he was hereby questionless understood the governor of Clerks aswell as of others. As then all foreign government and jurisdiction was excluded by that title, so now there is no other thing sought but in like sort to exclude all foreign power and jurisdiction, whether the Popes or any other. At this time when n King Alsred lived and reigned, the sense, judgement, and understanding of the world, was no other; but that Kings were supreme governors of all persons and causes Ecclesiastical and Temporal within their own Dominions. junderstand government here, as throughout this question I have often admonished, government or power coactive: for this exemption of criminous Clerks from their King's Courts, was a thing unknown in the world in those days. And therefore whereas it is commonly taken by our adversaries (who use to beg such principles, as they cannot prove) that the religion, sense, and judgement of the world ran wholly for the jurisdiction, which now is practised in the Court of Rome, this we utterly deny. For we are able to show when the sense, judgement, and religion of the Church, was against them, in every part of their pretended jurisdiction. For first whereas the Pope claimeth jurisdiction over Bishops, this is one part of his jurisdiction, and is now the sense and judgement of the Court of Rome, but in the times of the sixth and seventh Carthaginian Counsels, of the African, and Milevitan Synods: at this time, I say, and always before, the religion, sense, and judgement of the whole world ran contrary. If any object, that these were not general Counsels, but provincial: I answer, we urge not their Canons only, to rule the Pope, but their testimonies to know the truth of those times and before. For they made an exact and diligent search through all the famous Churches of Christendom, for the Pope's jurisdiction over Bishops, and having once so famously refuted that jurisdiction, we take and reverence their testimonies, which will for ever be held honourable in the Church. Before these times, the religion, sense, and judgement of the world was not, that any Bishop or Clerk of foreign Provinces might appeal to Rome, which now is the sense and judgement of the Court of Rome. The Pope claimeth now this jurisdiction likewise, to depose Princes, to dissolve and undo the obedience of subjects; this is now the sense and judgement of the Court of Rome: but before the time of King Pipin, the sense and judgement of the world ran always contrary. That the Pope is universal Bishop; and the Church of Rome the head of other Churches, yea, the Pope the head of the universal Church, is now the sense and judgement of the Court of Rome: but this was not the sense, judgement, and religion of the Church of Rome before the time of Gregory the first, as the same Gregory doth sufficiently witness. That criminous Clerks should be exempted from the Courts of their Kings, is now the practice and judgement, sense and religion of the Court of Rome; but before the year one thousand, this was not the sense and judgement of the world. That the Pope is above a general Council, is now the sense, and religion of the present Court of Rome: but it was not the sense and religion of the Church of Rome before the time of the Council of Trent. In like sort of any part of their jurisdiction whereof here we speak, we are able to point to the time, when it was not the sense, and judgement of the Church of Rome. 17. About the time wherein Alfred reigned (who began his reign in the year of Christ eight hundred seventy two, & died in the year nine hundred.) The Pope's having already intruded upon the jurisdiction of Bishops and Archbishops, began to make many desperate attempts upon the jurisdiction of Kings also: but they were repressed where the Emperors had any power to resist; and though they assumed jurisdiction over Emperors, yet they brought not all to an effect. Cran●…zius Metrop. Crantzij lib. 2. cap. 29. speaking of those times, saith: The Emperor placed a Bishop in Monster: and marvel not that a Bishop was appointed by the Emperor; for this was the Custom of those times, when Emperors had power to place and displace Popes: for there was no free election of Chapters, as now: the Apostolical confirmation was not then necessary, for whomsoever the Prince did nominate, that man was to be consecrated a Bishop by the next adjoining Bishops. Concerning this jurisdiction there was a long contention between the Papacy and the Empire, this was the jurisdiction which the two Henry's, the father and the son; which the two frederic likewise, the Grandfather and the Grandchild, sought long to defend and maintain: but the sword of the Church prevailed, and forced the Emperors to relinquish their right to the Churches.] By this it may appear, that before the year one thousand, the Popes entered into no great contention with the German Emperors concerning this jurisdiction. But as the contentions between the two Henrics, and the two frederick's, and others, did fully open and reveal to the world the Pope's purpose for jurisdiction: so when it was once revealed and fully known to the world; it was denied and oppugned by the men of the best learning, that then lived in the Church of Rome: which thing we are more fully to declare hereafter. CHAP. VII. How the Papal jurisdiction was advanced from the time of the conquest and somewhat before, until the year of Christ, one thousand three hundred. The means raising that jurisdiction is declared to be by Forgeries, Friars, Oaths, and the parts of the jurisdiction, investitures, exemptions, laws imposed, appellation, deposing of Kings, and absolving their subjects from faith and Allegiance. IN the time of William the Conqueror, about the seventh year of his reign, Hildebrand was chosen Pope, named Gregory the seventh. This man advanced the Pope's jurisdiction to an higher pitch, than ever it was before. Now all that power which was extorted from Princes by such violent practices as Hildebrand used, was afterward supposed to belong to the Pope's jurisdiction. And these late jesuits make no doubt to tell us, that all came from Christ, and his Apostles: and that it was a thing never heard, that Temporal Princes should meddle in such matters: and that the Religion, devotion, sense, and judgement of all men ran wholly for it. We are therefore to observe, how the Pope's wrested jurisdiction from temporal Princes. This thing will appear better, if we take a survey of these times, and of the means and parts of that jurisdiction, which we find challenged by the Popes in these ages. 2. At this time the Popes began first of all to strive for investitures. Pope Gregory the seventh began this contention with Henry the fourth Emperor: which was the occasion of great wars and bloodshed through Christendom, especially in Germany. I will for the better understanding of these proceedings, with brevity and fidelity report, out of the stories of this time, in what state the Church of Rome then stood. In the Beno Cardinal. in vita & gestis Hild●…brand. Auent. lib. 5. Annal. time of Henry the third Emperor, the Court of Rome was pestered with a sort of men, infamous & prodigious: who taught Necromancy, practised poisoning, set up, as it were a school of unlawful Arts, abominable to God, and pernicious to men. One chief of this profession was Theophilactus, which was afterward Pope Benedictus the eight, called Benedictus the ninth. This Theophilact was Master to Hildebrand in his Art Magic, who for his better furtherance in that knowledge, was also instructed by Laurentius the Malfilan Archbishop, and by john the Archpriest of S. john de porta latina. This Theophilact gave himself wholly to the sacrifices of devils, with his complices and scholars, as he had been i●…structed by Gerbertus, which was Pope Sylvester the second. By these Masters and means Hildebrand aspiring to the Papacy, joined himself in a strict league with one Brazutus, who poisoned six Popes in the space of thirteen years: their names mine Author setteth down in order thus. Clemens (this was Clemens the second) Damasus Beno Cardinal. 2, Leo 9, Victor 2, Stepha●…us 10. Benedictus (this Pope escaped the poison, but was cast out by force and cunning of Hildebrand) Nicholaus 2. Thus he practised to make way for himself to the Papacy, by poisoning all that stood in his way. 3. For redressing of these enormities Henry the third Emperor, was entreated by the religious sort of Cardinals, to purge the Church of this hellish rabble, that thus pestered it. The Emperor being drawn to seek some reformation of these disorders, because many Pope's usurped the Papacy at once, he drove Theophilact to flight: Gregory the sixth, he shut up in prison, and after that exiled him: he caused the Bishop of Sabinum to relinquish the Papacy, and return to his own sea: and he set up Pope Clement. Hildebrand was commanded to go into banishment with his Master Gregory the sixth. This Gregory dying in banishment; Hildebrand (as the same Author saith:) Perfidiae simul & pecuniae ●…ius haeres extitit. That is: [Was heir both of his perfidiousness, and of his money.] The emperors patience, pitiful and too gentle nature is touched by the same Author: Nimia pietate deceptus, nec Ecclesiae Rom. nec sibi, n●…c generi humano prospiciens, novos Idolatras nimis laxè habuit. That is: [His gentle nature deceived him, for he gave too much liberty to these new Idolaters, neither providing well for the Church of Rome, nor for himself, nor for mankind.] To make short: Hildebrand attaining a release from banishment, came to Rome, and there falling to his old practice, strove to make Brazutus' Pope, of whose friendship he was assured; their mutual familiarity being confirmed by many odious and bloody practices. This is that Brazutus, by whose means six Popes were poisoned, as we have declared. But Hildebrand perceiving that the Emperor and the Cardinals were wholly aversed from a man so infamous, and odious: set up Alexander the second. Who perceiving himself set up against the emperors will, professed that he would not keep the place, without the licence and favour of the Emperor. For this thing he was well beaten and buffeted by Hildebrand, who ruled all, and received the revenues in the time of Alexander: and after his death, Hildebrand (saith the same Author) was chosen Pope, eâdem horâ à militibus, sine assensu cleri & populi: in cuius electione nullus Cardinalium subscripsit. That is: [At the same instant by Soldiers, without the assent of Clergy or people: none of the Cardinals subscribed to his election.] Nauclerus d●…clareth an ungracious stratagem of his, suddenly practised, to draw the Cardinals to consent to his election. For when the Clergy and people were gathered together for the celebration of the funeral Naucler. 2. generation 36. of the former Pope, of a sudden a cry was raised among them, that S. Peter had chosen Hildebrand for Pope. That this man may better be known, I will set down the judgement of a Council gathered at Brixia, consisting of a great number of Bishops and Abbots, out of Italy, Germany, France. These Prelates meeting in a public Synod together, pronounce Hildebrand Auentin. lib. 5. to be, Falsus monachus, magus, divinaculus, somniorum Naucler. 2. generation. 37. prodigiorumque coniector, male de religione Christiana sentiens. Primus omnium (say they there) Pontificatum maximum contra morem maiorum, invitis omnibus bonis emit, etc. ius humanum divinumque pervertit, falsa pro veris dooet, sacrilegia, periuria, mendacia, homicidia, incendia, veluti benefacta indulget, collaudat, ad haec perpetranda classicum canit, etc. suavis homo Sacerdotes qui uxores habent legitimas, sacrificos esse pernegat, interim tamen scortatores, adulteros, incestuosoes aris admovet. [A false Monk, a Magician, a Witch, a Soothsayer by dreams and ostents, one that thought corruptly of Christian Religion: the first that bought the papacy against the custom of his ancestors, against the good will of all good men: he perverteth all right human and divine, teacheth falsehood for truth, he favoureth and commendeth as things good and just thief things, sacrileges, perjuries, lies, murders, burnings, he exhorteth and encourageth men to these outrages; a sweet companion that denieth priests that have lawful wives to say Service, but admitteth whoremongers, adulterers, incestuous men to the Sacraments.] This is the judgement of a full Council against his unholiness: as Aventinus and Naucler report. 4. This is the man that began the contention for jurisdiction with the Emperor Henry the fourth. Tali dedicatore damnationis Tertul. apol. ca 5 nostrae etiam gloriamur: qui enim s●…it illum, intelligere potest non nisi aliquid bonum grand ab Hildebrando damnatum. For of him we may justly use the fame words in the cause of Princes, which Tertullian useth of Nero in the cause of Christians. Hildebrand being made Pope began to move many contentions with the Emperor, then being Henry the fourth: one special quarrel was for investitures. For whereas before that time the ancient custom of the Empire was (saith Naucler) Naucler. Vol. 2. gener. 36. that when a Bishop was dead, the chapter used to send a ring and the pastoral staff to the Emperor, which the Emperor delivered to him whom he appointed Bishop of that place: this ancient privilege of the Empire Hildebrand would not endure, and therefore calling a Council at Rome, of one hundred and ten Bishops, he cursed Henry the Emperor: and all Bishops that received investiture at his hands, or any other Lay-men. In this Council he removed married Priests from Divine Service. But before he proceeded thus far, he sent first to the Emperor, warning him to remove all simoniacal Bishops from their places: the good Emperor either supposing that this might proceed from an honest zeal, or willing to declare that in him there should be no want in reforming, did accordingly thrust out all such as were suspected of Simony from their bishoprics: but behold, Machiavelli set to School. Hildebrand having made all these Bishops thus hateful to the Emperor, and hating him: presently restored every man to his place again; and to bind them sure to himself against the Emperor, took an oath of them all, as mine author saith: Quos regi infestos reddiderat, eos sibi familiari amiciria ŕeconciliabat; Beno. Cardin. & multis & magnis iuramentis sibi fidos & obnoxios efficiens, prae aliis exaltabat. That is, [When he had once made them to hate the Emperor, than he reconciled them to himself in familiarity, and having made them so obnoxious to himself, bound them by many and great oaths, to be true to him; these he preferred above all other.] Giving the best preferments to them. 5. Having thus by subtlety spoiled the Emperor of his friends, of a sudden without any lawful accusation, without Canonical citation, without judicial order; he thundereth out an excommunication against him, depriveth him, absolveth his nobles and subjects from their oath of Allegiance. Whilst he denounced this strange sentence, the Pew wherein he sat, being made saith Cardinal Beno of new and strong timber, of a sudden, broke in pieces. Hildebrand thus triumphing over the Emperor, began to depose all such Bishops as had received investitures from a Lay-hand: of this right of investitures we shall speak in fit place. First, let us take a view and survey of that jurisdiction which we find practised in this age, and of the means whereby the Pope attained thereto. If first we consider the means which were used for the winning hereof, the jurisdiction will be more apparent, and better known: which jurisdiction we will also declare by the several parts and branches thereof, so far as we are able to unrippe them. §. I. Of the Forgeries whereby this jurisdiction was first challenged. 6. THe Popes and the Court of Rome, perceiving well how much it made for the advancement to that Sea, if they might be secured for the right and title to this jurisdiction which they purposed to challenge and practise: And understanding that none would believe that they had any right to it, unless they showed some antiquity for it: finding also that they wanted Scriptures, & the testimony of the ancient Church: began a most desperate and vile practice, to forge antiquities, devising certain writings, & fathering the same upon the ancient Bishops of Rome; all was to make some show and title to this jurisdiction, whereof they were so much enamoured. In our days there is less fear of danger from these forged Epistles, because they have been thoroughly examined and refuted by many learned men, as Ma●…silius Patavinus, Laurentius Valla, Antonin. Archiep. Florent. Nicholaus Cusanus, Aenaeas Silvius, Hieronymus Paulus Catalanus, Raphaell Volateranus: all before Master Luther. In so much as the learned Papists are ashamed of this stuff, and cannot deny the Forgery: but when first they were devised, (whether by Anastatius Bibliothecarius, as some judge, or by some other trusty Champion of the Court of Rome) they carried the world then into such an illusion, that we may well judge, it proceeded from the deepness of Satan in subtlety and falsehood, and was received with wonderful simplicity and ignorance of that age. For when the fatal time was come that Antichrist must send up that smoke, wherewithal the truth was darkened: then fell such a judgement upon the world, that together with the darkening of Scriptures: learning, knowledge, and judgement was decayed, and they did with greediness believe lies and forgeries, who could not examine the truth. Then began they to publish new decretal Epistles, under the names of Clemens, Anaclet, Evaristus, Sixtus, Telesphorus, Higinus, Pius, Anicetus Soter, Eleutherius, Victor: and many others. In whose names, certain Epistles are framed to claim this jurisdiction, but so absurd, the style so unfit to the ages wherein these Bishops lived, that the learned Papists themselves blush at the forgery. The argument of all these Epistles is in a manner one and the same, all plead for jurisdiction: and if this question might be determined by these testimonies, than should they obtain their jurisdiction without controversy. The things which are most of all handled and repeated therein; are, the Primacy of the Pope, the power and authority of the Church of Rome; exemption of Clerks, and appellation to the Sea Apostolic: these are the things handled and repeated over and over. The proof for all, is fet from, Tues Petrus & super hanc petram, etc. And pas●…e oves meas, and oravi pro te Petre: and such like depravations of holy Scriptures. 7. here is the true ground of their jurisdiction, thus they got it by forgeries: and these forgeries in that age, (such was the ignorance thereof) were nothing suspected: other men, who detested such vile practices measured the minds of Popes in charity, by their own: who would ever have thought so basely of Popes, that they would have entered into such di●…onest practices? Therefore this jurisdiction was by many received, because they suspected no falsehood, in such as should have been examples of virtue and godliness. But when the knowledge of good learning was raised again, then began these Epistles to be examined, and were found such as they are. Bellarmine speaking of these Epistles, though glad he would be to maintain them if he knew how, yet dares not deny them to be Lib. 2. Cap. 14. de Rom. Pont. forged. Nec indubitatas esse affirmare audeam: saith he. But if you dare not avouch them to be unforged: why then dare you avouch that jurisdiction of the Pope, of which the world never took knowledge, before these Epistles had devised proofs for it? And why dare you make use of such forgeries? For Bellarmi●…e confessing that he dare not justify them from suspicion of forgery: yet laboureth to take use of them, as pretending that they are ancient: as though antiquity in falsehood could help? Or as if a robber and murderer being taken in the manner and not able to justify his action, should plead that Barrabas was an ancient robber and murderer; and think to help himself by that plea. And because upon this rotten foundation the Pope's jurisdiction is builded: let us observe some of the best and most substantial proofs for jurisdiction, out of these forged Epistles. 8. Anaclet is made to say thus for the privileges of the Anaclet. Epist. 1. Church, such privileges as exemption of Clarks, and such like as were introduced after the year one thousand. Privilegia Ecclesiarum & sacerdotum, sancti Aposteli jussu salvatoris intemerata & inviolata omnibus decreverunt manner temporibus. That is, [The privileges of Churches and of Priests, the holy Apostles decreed that they should remain inviolated for all times. For jurisdiction, he saith, Quodsi difficiliores ortae fuerint questiones, Ibid. aut Episcoporum vel maiorum judicia, aut maiores causae fuerint, ad Apostolicam sedem si appellatum fuerit, referantur: quontam Apostoli hoc statuerunt jussu salvatoris, ut maiores & difficiliores questiones semper ad sedem deferantur Apostolicam, super quam Christus universam construxit Ecclesiam, dicente ipso Petro: tu es Petrus & super hanc Petram aedificabo Ecilesiam meam. And again, Summi sacerdotes, id est Episcopi, à Deo sunt judicandi, non●… Anaclet. Epist. 2. ab humanis aut pravae vitae hominibus lacerandi, sed potius ab omnibus fidelibus portandi. This is often repeated that scandalous Clerks must not be accused; yea, though one of them should live most inordinately: Licet sit inordinatus, quia pro merit is subditorum eucharist. Epist. 2. disponitur à Deo vita rectorum. For proof these Scriptures are brought, qui vos tangit, tangit pupillam oculi mei, & nolite Euseb. Epist. 1. tangere Christos meos, & in prophetis meis nolite malignari. From this deep Divinity Thomas Becket resisted Henry the second, and would not suffer the King to execute justice against robbers, felons, murderers, practisers of Treason, if they were Clergy men: he defended them by these Scriptures, as we shall declare hereafter. This witchcraft came from Rome, and from these forged Epistles. Anaclet saith again, Haec sacra sancta Romana, Anaclet. Epist. 3. & Apostolica Ecclesia, non ab Apostolis sed ab ipso domino saluatore nostro primatum obtinuit, & eminentiam potestatis super vniuer●…as Ecclesias: and to prove all, this is alleged, Tues Petrus, etc. Another saith, Si quis vestrum pulsatus fuerit in aliqua Sixtus. Epist. 2. adversitate, licenter hanc sanctam & Apostolicam appellet sedem, & ad eam quasi ad caput suffugium habeat. And another, judicia Zepherin. Epist. 1 Episcoporum maioresque Ecclesiae causae, a sede Apostolica, non ab alia (sicut Apostoli & sancti successores eorum statuerunt) cum aliis Episcopis sunt terminandae. And to prove that scandalous men of the Clergy should not be punished or examined by Lay-men, this reason is often repeated in divers Epistles, that if since the Apostles times that course had been taken to punish such, than few or none should now have been left alive in the Clergy: which is a secret confession that all the Clergy of the Court of Rome were at this time of evil and scandalous life and conversation. Marcellus as writing to Maxentius the tyrant Marcel. Epist. 2. is produced to say thus: Synodum absque huius sanctae sedis authoritate Episcoporum (quanquam quosdam Episcopos possitis congr●…gare) nonpotestis regulariter facere, neque ullum Episcopum qui hanc appellaverit apostolicam sedem damnare, autequam hinc sententia defintiva proccdat. These and such like are their grounds of jurisdiction, which need no refutation; for absurdities carry always their own bane in themselves: this is refutation enough for such things to make those things well known. 9 These testimonies for jurisdiction drawn from these forged Epistles, may give us occasion to observe. First, that the Bishops of Rome have long & greedily gaped after this jurisdiction, & to obtain their purpose herein have made no bones at forgery. As first they attempted that forgery of a Canon of the Nicen Councellin Saint Augustine's time, but were then repressed: so the devil to bring them to greater shame, moved them afterward to greater forgery in devising so many decretal Epistles, to establish this jurisdiction by this shameless attempt, which by other direct means they could not do. secondly, so greedily are they set upon this purpose, as men blinded 2. with affection, that they consider neither manner, nor matter, nor coherence: only the impotent love to this jurisdiction carrieth them through thick and thin: as in many things may be observed. I observe only that which toucheth our question, for in these Epistles this jurisdiction of the Church of Rome, and appellation to that Church is maintained as from the institution of Christ himself, out of these words: Tues Petrus, etc. Now these Epistles must be supposed to be written long before Saint Augustine's time, when Zoz●…mus, Boniface, and Caelestinus, claimed the same jurisdiction by the forged Canon of the Nicen Council: for before those times these Bishops lived, who are devised the authors of these Epistles. If these Epistles had then been extant, why did not the Pope's claim their jurisdiction by these testimonies, which were supposed to be written so long before the Canons of the Nicen Council? What needed they to have forged a Canon, if they had so fair evidences to show? And why did they claim it by a Canon of the Council, when they might have laid their claim directly from the commandment of Christ? 10. But if these Epistles were not then extant (as certainly they were not) why should any credit be given to things so manifestly forged? Why should any claim be made to jurisdiction upon such false grounds. Thirdly, we observe also the 3. cursed obstinacy and affected blindness of the learned Papists, Bellarmine and such who know well that these Epistles are forged, and▪ confess it: knowing that this jurisdiction of the Pope was never claimed iure divino, as from Christ's own institution, before these Epistles by forgery invented that claim: are so bewitched in the service of the Pope, and in this question of jurisdiction, that against learning, judgement, conscience & all, they hold this jurisdiction to be iure divino, in the grossest sort; & maintain it no otherwise then these confessed forgeries have taught them, by those depravations, corruptions and detortions of Scriptures, Tues Petrus, and such like. An indifferent man would think, that either they should not confess these forgeries; or confessing them, they should hate and abhor these grounds of jurisdiction, which only the forged Epistles have devised from Scripture. Fourthly, by this we may 4. look a little farther into the deepness of Satan, and behold how the Pope's Clerks lie plunging for jurisdiction. 11. For the Council of Trent being awaked at the preaching of Master Luther and other, and finding that the corruptions which were brought into the doctrines of the Court of Rome could not be maintained by Scriptures, being directly repugnant thereto: devised a very foul shift, to maintain all by unwritten traditions. And for this purpose enacted a Concil. Trid. sess. 4. decret. 1 Canon, that the traditions of the Church of Rome, must be honoured and embraced with the like honour and reverence, as the holy Scriptures are honoured. Therefore they devise the word of God to be either written in Scriptures, or unwritten in Traditions, which unwritten Traditions they reverence for God's word, no less than the holy Scriptures themselves. And if you ask, how shall men try true Traditions, they answer there is no better trial than the judgement of the Church of Rome. Ex tcstimonio huius solius Ecclesiae sumi potest certum argumentum ad probandas Apostolicas Traditiones. By these principles, Bellar. de verbo Dei non scrip. lib. 4. cap. 9 if they might once have them granted, they think themselves able to conclude any thing, to delude the holy Scriptures, and to set up profane, and Barbarous forgeries in place of holy Scriptures. For if we deny this pretended jurisdiction, they will answer that it is grounded upon the word of God: if we demand, what word they have for it? They tell us: Tu es Petrus, etc. and such like. If we say the sense and meaning of those Scriptures do no way maintain that jurisdiction, the ancient Fathers never expounded them so: that that sense was never drawn from these Scriptures, before these forged decretal Epistles devised it. To this they will say, they take that sense of Scriptures, which the Church of Rome taketh, and the Pope, who only hath authority to give the sense of Scriptures. The sum and conclusion of all, is this: the Traditions of the Church of Rome, are to be honoured and reverenced with the same honour as the holy Scripture: but these filthy, forged, and corrupt Epistles contain the Traditions, yea, are the Traditions of the Church of Rome: therefore these filthy forgeries of corrupt men, are to be honoured, and reverenced as the holy Scriptures. 12. Now though some men unlearned may be carried away with this vain show of Traditions, yet we see not how their learned men can plead ignorance, or excuse, who know that those expositions of these Scriptures, were first forged in the decretal Epistles: these be their Apostolical Traditions, these be matched with holy Scriptures. I appeal to the conscience of any Papist that either is, or would be esteemed learned: whether these Epistles be not forged, in his judgement? And whether the ground of their jurisdiction be not hence drawn? And whether this jurisdiction which in these Epistles is maintained, concerning appellation: was not repressed, and utterly denied by Saint Augustine, and the rest of those ancients in the Cartheginian, African, and Milevitan Counsels? Perhaps it is not hard for a man of a leaden heart, and a brazen forehead to rush through these difficulties after the Roman Catholic manner without blushing; but let a man in humility and good conscience, set himself to seek the truth herein, and to give God the glory, and it will be impossible for him to wrestle out of these nets, but by confessing the forgery, and rejecting the jurisdiction forged. 13. Moreover that it may it further appear; that this jurisdiction is esteemed all in all, and more than all by these men: and that all other parts of their religion, are not so dear to them, as this: we may further observe, that as the Pope overruled the Council of Trent, so the thing that swayed the Pope, and forced him to resolve upon this course which now is established by the Court of Rome, in the Council of Trent, was only the fear of losing, and care of maintaining this jurisdiction. For before the Council of Trent (which thing we shall hereafter by Gods help more manifest at good opportunity) the Church of Rome stood so indifferently affected in the chief points of religion: that if the respect and practise of the Pope had not misled them, it may be well judged, they would have been more ready to assent to the conclusions of Master Lut●…r, and john Calvin, then to those that are established in the Council of Trent: so indifferent stood the world before that Council. For after that time that they had begun to challenge this jurisdiction, & before the Council of Trent, the Popes were always affrighted at the name of a general Council; as Paul. iovius winesseth, otherwise a flatterer of the Popes: for he saith thus. Paul. iovius li. 2. historiarum. Id unum concilij nomen supra caeteros insaelices humanarum rerum casus, maximo terrori Pontificibus esse consuevit. That is, [The only name of a Council, more than all other human incident miseries is wont to be a great terror to Popes.] He giveth the reason there, why the Popes were so much afraid of Counsels, because saith he, in them questions of faith & religion are interpreted, & the Pope's jurisdiction censured & kerbed. Ad castigandam iovius ibid. sacerdotum luxuriam censorias leges condunt, ipsi Pontificices Pontificio iur●… 〈◊〉 ei●…rare suprema●… dignitat●…, seque demum Pontificatu abdicare coguntur: hoc metu armati reges, Pontifices terrent. That is, [Counsels make laws to chastise the luxuriousness of Priests. The Popes themselves circumvented by the Popish law are compelled to resign the Suprea●…e dignity, and to relinguish the Papacy. 14. So that before the Council of Trent the Sovereign jurisdiction was never held to be in the Pope, seeing the Church being gathered together in a Council did use to exercise jurisdiction upon the Popes. For if the Popes were wont so much to fear and fly a general Council in regard of censur●…ng and inhibiting their jurisdiction; then must these conclusions follow: That the Council of Trent was not a general Council, because the Pope was not afraid of it: that the Popes themselves did acknowledge, that the jurisdiction of a Council was above their jurisdiction: for otherwise why should the Pope be afraid of a free Council? So that if the Council of Trent had been like to those Counsels which the Popes did so much fear; it might have given as good satisfaction to true Christians, as now it doth to the followers and flatterers of the Court of Rome. And before that Council, there was great hope that it might have been so. For the minds of all good men were marvelously prepared to peace, and to a mutual consent. And for the points of doctrine, if the Friars and such as were by them infected, had not troubled all, the truth might have prevailed. For Cardinal Contaren made a good preparation to the doctrine of Card. Contaren. tract. de justificatione. justification: which being the greatest point in controversy, is handled by him conformable to the doctrine of Luther & Calvin, and directly against that which was concluded in the Council of Trent: this he wrote in the year one thousand five hundred forty and one, a little before that Council. The Cardinal therein teacheth nothing, but that which was before him the known doctrine of the Church of Rome: from which because the Council of Trent swerved, therefore they made the separation, and not we. This wisdom and moderation of Cardinal Contaren and others of that side, gave great hope to Master Bucer, and some other of this side; to labour for an agreement and mutual consent: and assuredly there was great reason to hope it. For if the rest had been of that spirit and moderation which Cardinal Contaren, Georgius Cassander, john Ferus, Master Antonius Flaminius, Espencaeus and many others, a mutual consent would have been obtained. But will ye have the truth? the points of faith and doctrine, were not the things which most hindered this concord; for in these things many of that side were very conformable, and more might have been drawn: but there was another thing which crossed all peaceable purposes; this was the Pope's jurisdiction. If it had not been for this jurisdiction, the doctrine of Luther might have been easily granted: for what taught he, which was not before him taught in the Church of Rome? I grant that the contrary was also taught by Friars: for in the Church of Rome before the Council of Trent, some taught after the manner of the new devised doctrines which Friars brought in: others taught the truth preserving the ancient doctrines in most points, till that time, as by their writings extant appeareth. So that if the Council of Trent had been indifferently chosen of learned men then living: and if their voices had not been forced and forestalled by an oath of obedience to the Pope, and to satisfy his lust: (a desperate practice declaring a desperate cause) things might have been aswell concluded against●… the jurisdiction of the Pope, and faction of Friars, as now all is for them. 15. And because we have so often mentioned, and are so The Council of Trent. often to mention the Council of Trent, seeing we wholly reject it, and our adversaries wholly rest upon it: it may be expected that we should give some reasons why we disable it so much: I may answer, the reasons are in the doctrines and conclusions themselves, which are thoroughly and worthily examined by Master Chemnifius and others. But over and beside the falsehood of doctrines, which are concluded there directly against the manifest truth of holy Scriptures, we have also these just exceptions; that, that Council was neither a general, nor a free, nor a lawful Council. General it was not, because if we consider Not a general Council. these Western parts of Christendom, for the benefit whereof that Council is pretended to be gathered, the greatest part was excluded from that Council. For all England, Scotland, Ireland, all France, and all Germany that are Protestants, will make a far greater part, than all the rest that consented to that Council: so that it was a Council held of a small part against the greater part. The King of England by public writing, protested against it, when first it was appointed by the Pope to be held at Mantua, the reasons which King Henry alleged john Sleidan. lib. 11. against it are these: [That it belonged not to the Pope to call Counsels, but to the Emperor & to the Kings of Christendom: that the Pope himself was to be censured by the Council, and therefore Italy was no fit place for it: that there was no caution made to him and his Ambassadors, and Bishops for their safe conduct: that though there were public caution given, yet the practice of Popes in breaking their faith, and violating public cautions, and sucking the blood of innocent men was too well known. In fine the King giveth advise to all other Princes, and Magistrates, to govern their own people, to establish true religion, to reject the Pope's tyranny, as he had done.] 16. The French King made like Protestation against this Council of Trent, for the Abbot of Bellosan the French Kings Ambassador, obtaining admittance into the Council (though not without great difficulty) in the midst of that assembly, against the expectation of many, delivered the King's protestation thus: [That it was neither safe nor fit for him to send his Bishops Sleidan. lib. 22. to Trent, that he held not that assembly for a public and general Council, but rather for a private conventicle; gathered not for the common good, but for the pleasure and profit of some few: that neither he himself, nor any of his kingdom should be bound by those decrees: and if need required that he would use such remedy to restrain the Popes, as his Ancestors had used before.] Thus did these Kings than protest against that Council especially because it was called by the Pope's authority, who had no right to call general Counsels. And both these kingdoms, and the Church's ther●…in, have withstood the authority of this Council: yea the French Church of Papists would never admit the Council of Trent: so that it is not only dissallowed of us, but by a number of them who professing to follow the ancient Church of Rome, yet utterly reject this Council of Trent, as swerving from the Church of Rome. Of the Princes of Germany there is no doubt made, but that they would never yield consent to it. Then general it cannot be, when as so many and so great a part have withstood it: yea a far greater part than they can make who held it. 17. And whereas in all ancient general Counsels the freedom The Council of Trent not free. and liberty of Bishops, and of all that had voices in Counsels was n●…uer impeached: in this Council of Trent it was quite otherwise, for none might be admitted to have voice therein, but only such as should be bound in an oath of bondage and slavery to the Pope. And therefore when the Ambassadors of Maurice Duke of Saxony came to the Council and proposed from their Master these petitions; [That the form of Sleidan. lib. 23 safe conduct might be made for his Divines, according to the form which the council of Basill granted to the Bohemians, that is to say, that these particulars might be expressed therein, that they also with other might have deciding power, that in every controversy the holy Scriptures, the practice of the ancient Church, the ancient Counsels and Fathers agreeing with Scriptures, and founding them upon Scriptures; might be admitted Lex divina, praxis Christi, Apostolica, & Ecclesiae primitivae, una cum consilijs doctoribusque f●…ndantibus s●… veraciter in eadem pro verissimo & indifferent judico in hoc Basiliensi consilio ad mittentur. consili. Basil. sess. 4. and received for the most true and indifferent judge: (for thus much was contained in the safe conduct granted by the Council of Basill to the Bohemians) that there might be no proceeding till his Divines came: that when they were come, all things precedent might be recalled, that the Council might be free for all nations: that the Bishop of Rome might submit himself to the Council, and remit that oath which he had taken of the Bishops which were of the Council▪ that their voices might be free, and without such evident partiality and prejudice as they brought with them, who were bound by oath to do nothing against the pleasure of the Pope: these petitions Epist. 4. were rejected, freedom utterly excluded; partiality and prejudice maintained with resolution. 18. And that the same Council of Trent was not a lawful The Council of Trent not a lawful Council. assembly, it is no less evident; because it was not called by lawful authority: for it was called only by the Pope's authority, who never had authority to call general Counsels. And though Charles the fifth then Emperor, was at the first drewen to yield a consent, yet the Pope would never allow that the Emperor should have the authority to call the Council, and to appoint the place (as always it was the emperors jurisdiction in ancient Counsels) but this jurisdiction the Pope by usurpation drew to himself in the Council of Trent: Insomuch that when the Emperor utterly dissallowing the translation of the same Council to Bononia, wrote to them and sent his Ambassador Vargas to protest against them that he would hold all as vain, frivolous and unlawful whatsoever they did, terming them not a Council, but a Conventicle: Montanus Sleidan. lib. 19 the Pope's Legate answered, that it should never be endured that the Civil Magistrate should have authority to call Counsels, or to appoint the place thereof. To this purpose the Pope also writeth to Charles, that the Emperor hath no right herein, Sleidan. lib. ●…6 but the Pope himself is the man: Qui solus iure divino & humano cogendi 〈◊〉, & decernendi de rebu●… sacris potestatem obtineat. This authority then being utterly denied to the Emperor for calling the Council of Trent: we say that Council was an unlawful assembly, because it was not gathered by the authority of the Emperor, and of Christian Kings. And when it was thus gathered, neither a general Council, nor a free, nor a lawful Council; yet as it was with all these foul faults, it could not serve the Pope's turn, unless singular fraud and deceit had been practised. Olaus Magnus was entitled Archbishop of Vpsala, and blind Sir Robert a Scottishman was entitled Archbishop of Armach in Ireland: so that for want of true Bishops, some were set up only in name to fill up the number, and give voices. 19 And when all other shifts would not serve, the Pope still reserved one for the last cast. The greatest part of them that were present, had a purpose to curb the Pope's jurisdiction, especially the Spanish Bishops, who saith Sleidan were most diligent in this Council. These combined with those few German Bishops which were there, resolved saith he, Pontificis Romani potestatemintra certos fines includere, nec illius aulae tantum S●…eidan. lib. 23. facultatis in omnes provincias attribuere. That is, [To reduce the Pope's authority within some bounds, and not to yield such power to that Court over all Provinces.] The Pope fearing such a thing afore, provided that the greatest part of Bishops, should be Italians: none might be admitted of any other Nation, but such as were made obnoxious to the Pope, aswell by some other respects as by an oath. If any were observed to speak in the Council, with some freedom (as some did) especial mark was taken of such: these were withdrawn and recalled thence, that other might take their place. Of this the Protestant Princes complain to Charles: Fuerunt in eo concessu pauci quidem aliquanto liberiores in dicendo, sed inventa ratio fuit, Sleidan. lib. 17. ut iis revocatis atque summotis, alij summitterentur nequiores. That is, [Some were in that company w●…o used some freedom of speech: but a means was invented to remove and recall them that other more servile might be in their places.] The Pope thus giving continual direction to the Council, and appointing by intercourse of messages continually traveling between Rome and Trent, what should be concluded: (insomuch that a common proverb was then taken up among them, that the holy Ghost traveled from Rome to Trent in a packet) and finding that after all this, his purposes were cr●…ssed by a certain number of voices, the number being precisely brought unto him: began to fly to his last reserved shift. For of a sudden he created thirteen Cardinals in one day, all Italians; to whom having given uncertain titles, but certain instruction, he sent them to the Council: whom the other Fathers of the Council welcomed not knowing their end. At the next meeting the matters being proposed as before, it was found that the voices of these that were come so lately, did alter all; and east it at the Pope's pleasure: and yet their wretched policies rested not thus. If any were supposed to excel in knowledge, gravity, learning, and godliness, they were (some before the Council, that their presence should not hinder or disturb the Pope's purposes: some afterward) secretly taken away by poison: this was the end of that worthy Cardinal Contaren, and Sleidan. lib. 14. others: who for their eminency in virtue, were suspected of Lutheranisme. And that the world might know and take full notice of the Pope's end and scope in calling this Council, that it was not the true faith and religion of the Germans that he sought, but their blood, it is evident by his practice. For whilst thus they held the Germans, and all the world in expectation of a Council; the Pope in the mean time, raised an army and sent it against the Protestants, to be joined with other armies prepared for their utter destruction. The general of the Pope's army, Octavius Farnesius (Graundchild to Pope Paulus the third, by whom he was sent) departing out of Italy was Sleidan. lib. 17. observed to say, [That he would destroy so many Germans, that his horse might swim in the blood of Lutherans. This is their holy Council of Trent, consisting of a few, and those few bound by an oath to the Pope, restrained, prohibited, poisoned, and at last with many shifts drawn to serve a purpose: assembled without lawful authority, called by the usurped power of the Pope, drawn and pulled by fraud and subtlety, ending in blood and wars: and remaining the only cause of all the wars, which have been raised within these western parts of Christendom since that time to this day. §. II. Of Friars, by whom this jurisdiction was maintained. 20. MY purpose being to note the means by which this jurisdiction hath been advanced: I think it needful after forgeries to speak of Friars. For they have been the chief advancers of this jurisdiction, and the fittest instruments that the Pope hath found for his purpose. john Wiclife in divers places declareth (out of assured knowledge of story, himself being near those times, and therefore more able to judge thereof) that before the year of Christ one thousand two Wiclif●…s complaint to the King and Parliament. art. 1. hundred, there were no Friars in the world. About which time Dominicus a Spaniard, and Francis an Italian began their new orders. Fasciculus temporum setteth their beginning about the year one thousand two hundred and four: and that they were confirmed by Pope Honorius the third, about the year one thousand two hundred and fourteen. Ordines quatuor mendicantium (saith he) videlicet Praedicatorum, Minorum, Augustinensium, Fasciculus temp. & Carmelitarum consirmantur ab Honorio, praeponuntur Praedicatores Minoribus in literis Papalibus, quia sex mensibus ante eos confirmatifuerunt. Matthaeus Palmerius setteth the confirmation of the Dominicans in the year one thousand two hundred and sixteen. Of the Francisca●…es, in the year one thousand two hundred twenty and three: so that Wiclife hath a good ground for that assertion, that Friars were never known in the world before the year one thousand two hundred. 21. This was the first thing that made the alteration of the Church of Rome famous. For before the institution of Friars, the doctrines of the Church of Rome stood sound and unchanged in most things. The alteration was afterward wrought especially by these Friars, both in doctrine & jurisdiction. For at the first Friars were set up to oppress the old Priests, to alter the ancient religion, and to exalt the Pope's power in a greater measure than it was before. In which business they have not been idle, but taking directions only from the Pope, have brought in a great change in all things. Wiclife observed, that Friars pursued, imprisoned, and burned Priests only for reproving their sins. So that then questions of doctrine made not the quarrel between Priests and Friars, but only the reproof of the corrupt and unclean lives of Friars: as in corruption they began, so they continue. And this is testified by others The first cause of persecution by Popes: not for doctrine, but for jurisdiction. also, that the first cause of the Pope's persecutions was not for doctrine, but only for the Pope's jurisdiction. Reinerius' writing against the Waldenses, testifieth thus much: that they differed from the Church of Rome in no point of doctrine, but only they denied the Pope's jurisdiction. Haec secta Leonistarum Reinerius (for so they were called) magnam habet speciem pietatis (saith he) eo quod coram hominibus just vivant, & benè omnia de Deo credant, & omnes articulos qui in Symbolo continentur; solam Romanam Ecclesiam blasphemant & oderunt. So that all the heresy which then was found in them, was only against the Pope's jurisdiction, they swerved not from the doctrines of the Church of Rome, but the Friars made the alteration from that ancient doctrine. Then howsoever since that time some Popish writers, upon humour and partiality have charged them in points of doctrine: yet the writers of that age, and near it, even their adversaries, do therein justify them, and show that the quarrel was not for points of doctrine, but only for the Pope's jurisdiction. And it is worth observation, that the same Reinerius confesseth that there was no origin of this sect known, some, saith he, asfirme that this sect hath continued from the time of Silvester: others think it continued from the time of the Apostles, himself concludeth that out of question, it is ancienter than any other sect. Then out of doubt, they were much more ancient than Friars, and Friars were raised up, pa●…tly to this end, to pull them down. 22. And that this was an end of the institution of these orders: to make some change in that ancient religion, which before stood in the Church of Rome in some tolerable measure, and to vex and persecute the professors thereof, and especially to bring in a new jurisdiction of the Pope: it will better appear if we consider what hath been in the beginning of their institution, and since observed of their innovations, liberty, luxuriousness, and what desolation they have brought into the Church. That these men may better be known, I will note what john Wiclife and some others have observed. Friars taught (saith Wiclife) that the King of England is not Wiclife lib. de sundam. legum Angl. cap. 36. pag. 42. 4. Lord of the Clergy, but that the Pope is their Lord. Friars so streitched the privileges of the Clergy, that though an Abbot and all his covent been open traitors conspiring Companit. pag. 9 unto death of the King and Queen, and other Lords; and enforce them to destroy all the Realm: the King may not take fro them an halfpenny, ne farthing worth. When Parish-churches been appropered to men of singular religion Ibid. pag. 14. (that is to Friars) such appropriation is made by false suggestion, that such religious men han not enough for lifelode and healing, but in truth they han ou●…rmuch. Let me observe this by the way, as being now better instructed in the opinion of john Wi●…life, concerning tithes. Whereas he seemeth to be against tithes, it is to be understood (as he doth in divers places open himself) against tithes as then they were abused by Friars. For Friars than had power from the Pope to appropriate tithes to their Covents, by which means tithes came into their possession. This thing Wiclife thought unlawful, and would have had tithes reduced to their ancient use again: now let us return to his observations. Friars say, that their religion (founden on sinful men) is more perfect Treat. against Friars pag. 19 than that religion or order which Christ himself made. They say also that begging is lawful, the which is damned of God, p. 24. both in the old Testament and in the new. Friars after they p. 2●…. had procured impropriations, and left a poor Curate in place, drew also from Curates their office and Sacraments: they got the confession of Lords and Ladies. They pursuen true Priests, p. 55. and let them to preach the Gospel. Christ chargeth all his p. 3●…. Priests to preach the Gospel truly, and they pursuen them for this deed; yea, to the fire: they will slay Priests, for they do Gods bidding. When the King by his officers prisons a p. 40. man, that is commonly done for great and open trespass, and that is good warning to other misdoers, & some profit comes of the King's Ministers: but when Friars prisonen their brethren, the pain is not known to men, though the sin were never so open and slanderous, and that does harm to other Liegemen. Friars say, that they han more power than the p. 28. Curate, and thus they make dissension and discord among Ch istian men. Friar's labour to root out true Priests that preach p. 30. Christ's Gospel, themselves han their chamber and service like Lords or Kings, and senden out idiots full of covetise, to preach not the Gospel, but Chronicles, Fables, and leese to please the people, & to rob them. And yet for sending of those covetous fools that been limitors goes much Simony, envy, & much foul Merchandise. And who can best rob the poor people by false begging and other deceits, that shall have this judas office and so a nest of Antichrists Clerks is maintained. They show not to the people their great sins, and namely p. 31. to mighty men of the world, but pursuen other true preachers, for they will not gloze mighty men, and comfort them in their sins. Thus mighty men hire by great costs, a false traitor to p. 32. lead them to hell. Friars deceiven the people in faith, and robben them of Temporal goods, & make the people trust more in dead parchment, sealed with leese, and in vain prayers of hypocrites, that in case been damned devils, then in the holy help of God and their own good living. Friars pervert the p. 33. right faith of the Sacrament of the Auter, & bringing in a new heresy, saying there is an accident withouten subject: which heresy never came into the Church, till the foul fiend Satan was unbounden after a thousand years. Friars undo Parish p. 35. Churches, by building other needless (meaning Abbeys, and Priories, etc.) They destroy the obedience of God's law, & magnifien p. 36. singular obedience made to sinful men, and in case to devils, (this is blind obedience brought in by them) which obedience Christ insampled never, ne in himself, ne in his Apostles. Friars being made Bishops robben men by extorsion, as in punishing of sin for money, and suffren men to lie in sin, they p. 37. bear out the gold of our land to Aliens, and sometimes to our enemies, to get of Antichrist false exemptions. They teach p. 38. Lords and Ladies, that if they die in Francis habit, they shall never come to hell. They are neither ruled by God's law, ne p. 41. laws of the Church, ne laws of the King. They been the p. 42. cause and procurators of all wars. They say apertly, that if p. 45. the King and Lords, and other standen thus against their false begging, etc. they will go out of the land, and come again with bright heads: and look whether this be treason or none. They teach and maintain that holy writ is false, and so they Ibid. putten falseness upon our Lord jesus Christ, and upon the holy Ghost, and upon the blessed Trinity. Friars teach that it is not p. 47. lawful to a Priest, or any other man to keep the Gospel in his bounds and cleanness, without error of sinful men, but if he have leave thereto of Antichrist. Friars by hypocrisy binden p. 50. them to impossible things, that they may not do, for they binden them over the commandments of God, as they say themselves: (hence are works of supererogation.) They burn p. 52. Priests and the Gospel of Christ, written in English to most honour of our Nation. They call the curse of God, the less curse; p. 53. and the curse of sinful men, the more curse. They distroyen this p. 54. Article of Christian men's faith: I believe a common or general Church. For they teachen, that though men that shall be damned, be members of holy Church: and thus they wedden Christ and the devil together. They waste the treasures of the p. 57 land, for dispensations and vain Pardons. They ben most subtle and privy procurators of Simony, and most privily make Lords to maintain the Pope and his robbing our land of treasure by his Pardons, Privileges, first fruits of Benefices in our land; and Dis●…es, and Subsidies. 23. By this we may in part see those innovations, which Friars brought into the Church, raising a new jurisdiction to the Pope, defrauding and robbing the King of his ancient jurisdiction: these are they who first taught, and practised obedience to another Sovereign than the King, conspiracy against the life of Princes: impropriations, turning tithes first from their true and ancient use: persecution for preaching the Gospel; exemptions; the use of Legends in the Church, and reading of fables to the people: Simony, flattery, pardons, indulgences: the heresy of an accident without a subject: singular and blind obedience; the use of commutation of penance into money: they were instruments of wars and bloodshed, they invented works of supererogation, the doctrine that reprobates are members of the Catholic Church: to rob the land of money. These are the things in part which are observed by Wiclife to have been first invented by Friars. Now whereas john Wiclife was reputed an heretic, we find that this imputation was laid upon him especially by Friars. For he was a professed enemy to them, and to their innovations, holding with the Church of Rome, and maintaining no other doctrine, then that which he found publicly maintained and received in the world, before Friars altered it. Still he pleadeth the cause of the Priests against Friars, which showeth that he taught no otherwise then those Priests did teach. And albeit the Friars did marueilouslly disorder the Church in his time, yet he witnesseth that the third part of the Clergy of England defended the truth against Friars. Then the Friars being set up to alter the ancient doctrine Confess. de Sacram. pag. 64. and jurisdiction, and to induce new: did labour herein thoroughly employing their best skill and power, for the advancement of the Pope, and suppressing of the truth. Herein the Jesuits succeed their forefathes, in this inheritance of innovation, daily adding some new monsters, to those which these old Friars left to their hands. 24. The University of Paris hath likewise declared their judgement against Friars, somewhat before this time wherein Wiclife lived. They gathered seven Articles against Friars, which because they prove Friars to be the authors & introducers of innovation in the Church, I will here set them down. [First, we say, that Friars are not to be admitted into our Scholastical Extat catalogue test. veritat. society, except by our consent: because the society Tom. 2. p. 798. ought not to be co-acted but voluntary. Secondly, because we have found by experience, that their fellowship hath been many ways hurtful and dangerous to us. Thirdly, seeing they are of a diverse profession from ours: for they are regulars, and we scholars; we ought not to be joined or mingled together in one scholastical office. For the Spanish Council saith, Thou shalt not plow with an Ox & an Ass, thatis, thou shalt not associate men of divers professions together in one office: for how can they agree together, whose studies, vows, and purposes are divers? Fourthly, because they raise dissensions & offences, but the Apostle saith: we beseech you brethren that you observe them, that is, that you discern such as make dissensions for the doctrine which you have learned of the Apostles, and eschew them; for they serve not the Lord, but their belly. Gloss. for they flatter some, they backbite others, that they may fill their bellies: and by glozing words and their benedictions they beguile the hearts of the simple. Fiftly, because we fear lest they be such as enter into houses, because they thrust themselves into every man's house; they search and sift the consciences of men: & seduce such as they find like women ready to be seduced. And whom they have once seduced, them they draw from the Counsels of their own Prelates, to their Counsels: for they bind them by oath to their Counsels, such the Apostle commandeth to eschew. Sixtly, because we fear they are false Prophets, for they are not Bishops, nor Parish-priests, nor their Vicars, nor by them invited: yet they preach, being not sent, against the Apostle saying, Rom. 10. How shall they preach except they be sent. For they work no miracles, thereby to witness that they may preach: the Church than ought to avoid such men, being so dangerous. Seventhly, because they are curious, and having no lawful calling in the Church, they busy themselves with other men's business, & thrust themselves into other men's callings: and yet they are neither Apostles, nor their successors; that is, Bishops, neither are they of the seventy and two Disciples of the Lord, neither their helpers, or Vicars, as before is said. Now the Apostle commandeth us to eschew such as will live so: saying, 2. Thess. ult. We declare brethren to you in the name of the Lord jesus Christ, that you withdraw yourselves from every brother that walketh inordinately, and not according to that tradition which they have received of us, etc.] 25. Thus have we set down the sincere judgement of that University, before it was corrupted and infected with Friars. They have proved that Friars have no lawful calling in the Church to preach, or administer the Sacraments; because they have no institution of Christ or his Apostles. And howsoever since those times the judgement of that University was changed, after they had once received these serpents into their bosoms: yet the reasons which they have brought against Friars, are unconstantly true, and will always prove that which then they proved, that neither the old Friars, nor the new jesuits, have any lawful calling in the Church. As thus they have been the bane of the Church in changing the old bounds: so they have been the ruin of Princes, and the cause of great wars and bloodshed, yea of all the persecutions that have been since. For before that time that the orders of Friars were brought forth by a new and monstrous birth in the Church; there was no bloodshed nor persecution offered by the Pope, nor the Church of Rome, for matters of Religion. Berengarius was forced to a Recantation before, but no blood was shed. But after that Dominicke had instituted the order of the jacobites, or preaching Friars; and Francis the order of the Minorites, professed beggars: then began great bloodshed and persecution to be practised upon men, that did not allow the Pope's jurisdiction: in blood was it first founded, and so it hath been ever since maintained. 26. The first persecution began against them, that were called Albingenses: whose opinions are made heinous by some that write affectionately since that time; but by the writers of that time there appeareth no other thing wherewith they were Albegesij, quorii dogma nemo ad hunc diem notus scriptor reliquit: & cum haereticos eos vocent, genus tamen haereseos praetereunt. Naucler. generat. 41. charged: but only that they withstood the Pope's pride and jurisdiction; for which they were persecuted. The Earl of Tholouse who favoured them, was deprived of his Earldom, his lands were given to Simon Monford: the forces of the French and the Pope were raised against him: when they were not able to vanquish him by force, by fraud and falsehood of the Friars and Popish Bishops, they overthrew him. In this overthrow of the Earl, the industry and valour of Dominicke is much celebrated by the stories of this time. Insomuch, as the whole praise is attributed to him: of him Platina witnesseth thus much. Quos (Albingenses) Dominicus mira celeritate compescuit, Platin. Innocent. 3. adiwante etiam Simone Monteforti: non enim disputationibus verum armis opus fuit, adeo inoleverat tanta heresis. That is, [Whom Dominicke did speedily overcome, by the help of Simon Monford: for there was not so much need of disputation, as of arms, that heresy was so rooted.] Then we understand the end why Friars were instituted, by their first and chief employment: they were founded in blood, in treacherous practices against Princes, for the service of the Pope. Wherein we behold the ends of such. Counsels as the Pope calleth, and wherein he is Precedent: as the Council of Lateran, and the Council of Trent. For as upon the time of holding the Lateran Council, the first Friars were ordained, and allowed by the Pope; so upon the time of the Council of Trent were the Jesuits confirmed to be an order by Pope Paul the third: after both Counsels, great wars and bloodshed followed through Christendom; wherein the Friars were the Pope's instruments, and the procurators of the wars at both times, and ever since. 27. As these first orders of Friars increased in number, swarming like Locusts under the Pope's protection; he like an experienced Captain, providently ordered his troops, and set them to their several tasks: some to writing of books, some to the practices of state against Princes. By those that were set to write, as Aquinas, Scotus, and such like, the alterations of doctrines were brought into the Church of Rome first: so that herein appeareth their full & final end, in raising up rebellions; first against God, and corrupting of the truth: and then against Princes, by impugning their sovereign authority and jurisdiction. In both which practices, the Friars take continual direction from the Pope, by whose power they were created, by whose authority they stand, from whose spirit they breath, and for whose service they are devoted, and resolved to spend their breath and blood. In these practices, the Jesuits being the last brood, strive to surpass all other, for their audacious corrupting of the truth, and outrageous enterprises against the lives of Princes. For which in the end, they will undoubtedly draw upon themselves the anger of God, and of the Princes of Christendom. I have stayed the longer in these descriptions, for the honour of the jesuits, that their descent and progeny, may be known: that we may behold the advancers of the Pope's jurisdiction: which jurisdiction will the better appear, if the first and chief advancers of it, might be well known. §. III. Of Oaths exacted by the Pope. 28. ANother especial means of advancing this jurisdiction, was practised by exacting Oaths: which is also much practised now; because by experience they find great use of it; an Oath being the greatest bond of human society, and the fittest means to engage men thoroughly in any cause: the first exacting of Oaths, was from Archbishops, and Bishops, by which means their Allegiance was strangely withdrawn from their Sovereign Princes. Whereas then first princes for their own safety, and for the safety of their Country, used to exact an Oath of Allegiance, aswell of the Ecclesiastical, as Temporal subjects: The Popes began to withdraw the Clergy from this obedience, and Allegiance; and so far they prevailed, that the Friars taught, that the King of England was not lord of the Clergy, but that the Pope was their lord: as we have declared from joh. Wiclife. And now the Pope beginneth in these desperate days, to forbid them of the laity, to take the Oath of Allegiance to their Sovereign: whereby as they began to steal away the hearts of the Clergy first, from the true and lawful obedience of their Sovereigns; so now proceeding in the same course with the laity, what will they leave to Kings in the end? And because this containeth an especial mystery of jurisdiction, therefore we think it needful to be plainly opened. 29. That Kings did out of duty and Allegiance, exact an Oath of their subjects, even of Bishops; and had the same yielded as a due homage to them, and confirmed also by decrees of Counsels: it is well and worthily observed of late, by that book written most learnedly and exactly, entitled, Tripliei nodo triplex cuneus. Where this use is confirmed from the practice of the fourth Toledan Council, held in the year six hundred and thirty: and from the fifth Toletan Council, held about the same time. And from the sixth Toletan Council held in the year six hundred seventy and six. And from the tenth Toletan Council, gathered in the year, six hundred ninety and sour: as also from the Council of Aquisgrane, in the year eight hundred thirty and six. We may add (though it be needless) some few and small observations thereto. It appeareth, that this practice of taking an Oath of Allegiance of subjects, is drawn from the law of nature, as necessary for the preservation of States, and it seemeth to be as ancient as the government of States. For Lycurgus the first founder of the State of Plutarch Lycurgo. Lacedaemon, having once well ordered that State by good laws: took an Oath of them all that they should preserve those orders till his return from the Oracle: that is always. If any think that this was not an Oath of Allegiance to the State, I suppose it will be hard to distinguish between an Oath to preserve the laws, or to be true to the laws; and an Oath to be true to the State. For it is certain, that the State of Lacedaemon, was preserved by those laws in great honour and felicity, for the space of five hundred years, as the same Author reporteth: Or as he saith in another place, for six hundred Plutarch. ibid. years; and upon the breach of those laws came in the ruin Plut. Agesil. of that State, as the same Author doth often observe. This declareth the antiquity of this Oath, as proceeding from the law of nature; which yieldeth this help to States for the necessary preservation of themselves. For which cause it hath been practised, whensoever the State thought it needful: for after the kings were driven out of Rome, L. Brutus, and Collatinus Tarqvinius being chosen Consuls: Valerius Publicola grew so offended, because himself was not respected in that choice, that he retired from the Senate, & from all public action to a private life. This thing drew the Senate into some suspicion of his Allegiance. Wherefore Brutus the Consul called all the Senate to a solemn Oath of Allegiance: which Oath Valerius first of all others took Plutarch. Publicola. most cheerfully. Thus in the danger of the State, they had recourse to this practice as the most lawful, and assured help of States. And Scipio Africanus is much commended in the Roman livi. Plutarch. Scip. stories, for using this practice in the danger of that State: for when he understood that some had a purpose to forsake the State, he caused them to take an Oath to be true to the State, and not to forsake it. After the same manner was this Oath of Allegiance yielded by the Church of the jews of old. For josephus reporteth, that Augustus Caesar required an Oath of Allegiance; which Oath, saith he, all the nation of the jews did take, saving o●…ely the pharisees. And therefore these pharisees, he describeth to be seditious and intolerable stirrers in States, even such as the Friars proved afterward. The words of josephus, though they be long, yet I will set down; because they open the practice of this Oath of Allegiance, the consent of the ancient Church of the jews, and the seditious and pestiferous practice of the pharisees, that the Jesuits the brood of these Vipers may the better be known: his words are these. [There was a sort of men among the jews, glorying in joseph. antiquit. lib. 17. cap. 3. the scrupulosity and subtlety of the law, by hypocrisy and simulation, counterfeiting the holy worship of God, by whom women were much moved and drawn, etc. These were called pharisees, who had great power, either to help, or to hurt the kings State. For they were troublesome, seditious, the stirrers of wars, injurious and immoderate provokers of trouble without cause or ground. For when the whole nation of the jews bound themselves by an Oath to be faithful and true to Caesar, and to obey him, only these pharisees did not swear: these were in number somewhat above six thousand, whom the King punished with a mulct pecuniary: which sum of money the wife of Pherora disbursed for them. But they, to recompense this her great liberality, took upon them the foretelling of things to come, as men forsooth endued with divine inspiration: they prophesied that K. Herod's end was at hand, decreed by the divine Majesty, and the end of all his issue, and kindred: and that this woman their Benefactor with her husband Pherora, and the children descending of them, should be Kings. When this practice of the pharisees, came to the King's knowledge, he killed them as stirrers of sedition and traitors to the State.] Thus fa●…re josephus, Whereby we understand that this Oath of Allegiance, was well approved of the Church of the jews, and only denied by the seditious pharisees, who then inveigled women and weak men, and by such means stirred rebellions, as now their successors the Jesuits do. In like manner was this Oath practised in the Church of Christians, as appeareth by the testimonies before cited, and by these that follow. The second Synod of Rheims was gathered about the year nine hundred and ninety: against Arnulphus Archbishop of Rheims, Synod. Rhine cap. 5. where it was witnessed of that Archbishop; that in the presence of the Kings, and Bishops and Clergy, and people, he was of his own consent bound by an Oath, that to the utmost of his skill and power, he would be true and faithful in Council and aid to his Prince: the manner and form of his Oath is set down thus. Ego Arnulphus gratia Dei praeveniente Rhemorum Ibid. cap. 6. Archiepiscopus promitto regibus Francorum Hugoni, & Rotberto me sidem purissimam seruaturum, consilium & auxi lium secundum meum scire & posse in omnibus negotijs praebiturum: inimicos ●…orum nec consilio nec auxilio ad eorum infidelitatem scienter adiuturum. And so it proceedeth with a long execration upon the breaker. 30. Nauclerus doth likewise observe, that Frederick Barbarossa Naucler. Vol. 2. generat. 39 Emperor, perceiving that the Pope by his excommunications practised secret conspiracies, drawing subjects from Allegiance, from faith and obedience; to prevent these new and subtle practices did exact an Oath of Allegiance of all Bishops under his Dominions: commanding the Pope's Agents to be excluded from Germany, unless he sent for them. The same exclusion of the Papal Legates was often used by the Kings of England and France, after that these Princes perceived, that the end of such Legacies was to strengthen the Pope's excommunications, and to stir the people to rebellions, or to rob the land of tr●…asure. The same Frederick did also forbid his subjects to appeal to Rome, and to go thither. By this injunction of Frederick, the Pope's Legate being forced to trudge home, returning to Pope Hadrian, made a grievous complaint; the Pope hereupon wrote a letter to the Emperor; which because it openeth the Pope's meaning concerning the Oath of Allegiance, I will here set it down. Hadrian the fourth, servant of God's servants, to Frederick Emperor of Romans, health and Apostolical blessing. 31. THe law of God promiseth a long life to them that Naucler. 2. generat. 39 honour their parents, and threateneth the sentence of death to such as curse their Father or Mother. And we are taught by the voice of the truth itself, that he that exalteth himself, shall be brought low. Wherefore my son beloved in the Lord, we marvel not a little at your wisdom, for that you seem not to yield so much reverence to S. Peter, and the Church of Rome, as you ought to do: for in The Pope's singular humility. the letters which you wrote to us, you set your name before curs: wherein you do incur the note of insolency, that I may not say arrogancy. What shall I say of the Allegiance by you promised and sworn to S. Peter and to us? How can you keep that Allegiance, seeing that you yourself require homage & Allegiance of those that are Gods? That are the sons of the most high? (that is Bishops) and you have held their hallowed hands in your hands: & manifestly declaring yourself contrary to us, you shut out our Cardinals, not only out of your Churches, but even out of your Cities: Repent therefore, repentwe advise you: for whilst you seek the Crown and Consecration at our hands, we fear that seeking more, you will lose that which you have. 32. By this we perceive the Pope's meaning, in denying that Kings ought to exact an Oath of Allegiance of Clerks: especially of Bishops, for they finding that the Oath of Allegiance draweth subjects to the obedience of Princes, resist it by all possible means: because the Popes seek Sovereign Allegiance: which cannot be performed both to the Pope, and to Princes: so that if the Pope's purposes stand, civil obedience to Princes cannot stand. And howsoever the Jesuits cavil at the late Oath of Allegiance by Parliament enacted, quarreling against it, as if it were not a mere Civil Oath: yet this is but their frivoulous exception, for it is evident by this Epistle of the Pope, that an Oath of mere Civil Allegiance, standeth against the Pope's purposes. For this Oath which Frederick exacteth, The like Oath was exacted of all the Cities of Italy, under the Empire, by Henry the fifth Emperor. was for mere Civil Allegiance; and yet the Pope denieth that the Emperor ought to take such an Oath of Bishops: the reason was that which john Wiolife descried, because Bishops must be the Pope's subjects, not the Kings. This was also a part of that quarrel, wherewith Thomas Becket troubled the State in his time; for he having first taken the Oath of Allegiance Naucler. 2. gener. 38. to King Henry the second; afterward repenting, sought Hoveden. part poster. to be absolved of the Pope. 33. Then this Oath of Allegiance to Kings, was in use before we find it exacted by the Pope: the Pope did first exact it of Archbishops. The first that I can find to bind himself in an Oath to the Pope, was Boniface termed the German Apostle, Archbishop of Mentz, an English man by birth named Winefride. For Pope Gregory the second, desirous to draw the Germans under the yoke of his ceremonies (the Christian religion being long before planted among them) sent this Winefride, otherwise called Boniface, to reduce all to the obedience of Rome as much as might be. For this purpose he exacted an Oath of Boniface, the form of the Oath is extant in Aventinus, thus: [In the name of our Lord and Saviour, Leo being Emperor, Auentin. Ann. lib. 3. etc. I Boniface promise to thee S. Peter, which wast the chief of Christ's Apostles, and to Gregory who now representeth thy person, and to all thy successors by the Father, the Son, and the holy Ghost, etc. I vow by this thy holy body, that I will follow the sincere truth of Christian piety, as long as my life and strength last, I will keep concord, I will shun persons excommunicated, I will give notice of lying sects, of pestiferous errors against the decrees of our Elders, to the Bishop of Rome.] This Oath carrieth a show of great moderation, being compared with the forms of those Oaths which succeeding Popes exacted. 34. We declared before how Hildebrand caused the Emperor Henry the fourth, to displace certain Bishops: and presently after that he had made a breach between the Emperor and them, he restored them all to their several places again; and exacted an Oath of them, to be true to him, the form of that Oath I find not: but it seemeth that then an Oath was exacted much in prejudice of Princes. For Anselm Archbishop of Canterbury, by reason of that Oath which then the Popes exacted, was enboldened to raise a contention with William Rufus, about investitures. And Thomas Becket by virtue of the like Oath, contended with Henry the second: for that upon the quarrel for investitures, Bishops were strictly tied to the Pope by an Oath, we find in the contention which was between Pope Paschalis the second, and Henry the fifth Emperor. For when Henry the fifth had been set up by the Pope, to raise wars against his own Father, and had at the Pope's instigation, rob him of his Empire and life: he himself found afterward the same measure at the Pope's hands, which his Father had found before him; for claiming the right of investitures as belonging to the ancient right of the Empire, he was denied: the matter broke out into a tumult, in which tumult Pope Pascbalis was taken, and being in the emperors power, granted and confirmed unto him the right of investitures. From which grant the Pope revolted afterward, and showed himself more vehement in this quarrel, than any before him. After some stirs and contention, the Pope held a Synod at Trecae in France: this Synod was held in the year one thousand one hundred and seven. Wherein the Bishops of Germany were suspended by the Pope, for doing any part of Vspergens. Episcopal function, (saith Vspergensis) because, favouring the Emperor, they were not present in this Synod. And Auentinu●… Auentin. lib. 5. saith, that all they that were present, were bound by an Oath to the Pope, to obey him herein: A singulis Episcopis, saith he, iusiurandum exactum, futuros in potestate Romani Pontificis. That is, [An Oath was exacted of every Bishop, that they should be in the power, and at the pleasure of the Pope.] 35. Thus were Kings robbed of their strength, when Bishops were by an Oath so bound to the Pope, that what he commanded, they must do. And if the Pope listed to quarrel Princes for their ancient rights and privileges, it was enough for him to say, those privileges of Princes were matters Ecclesiastical or Spiritual, and must therefore belong to the Pope: and not to Temporal Princes. What thing could more weaken Princes, and bring them to that poor state, that the Pope might triumph over them, as he did, than this subtle practice whereby Bishops, who before with other subjects held their Allegiance inviolated to their Sovereigns; were now by a new policy of Popes, brought by Oath to the Pope's subjection, and forced to violate their Allegiance to their Princes. Consider then what service Princes may expect from Popishbishops, who are so bound by Oath to the Pope, that they can do no service either to God, or their Prince (if it be against the Pope) but they must violate their Oaths. And this is the great bond of their spiritual jurisdiction, as they call it. The Popes have wrested from Princes their ancient right by violence, excommunications, wars, and great bloodshed: these rights of Princes thus withdrawn from them, the Popes hold as matters of their jurisdiction: and to strengthen them herein they bind Bishops and other chief of the Clergy, by Oaths to themselves, against their own Kings: these practices set the Pope in the possession of this jurisdiction. 36. Onuphrius speaking of that Oath which all Doctors Onuphr. in Pio 4. took that were to be made Bishops, doth at large set down the form of it: and among other particulars, this: Romano Pontifici B. Petri Apostolorum principis successori, ac jesu Christi vicario, veram obedientiam spondeo▪ ac iuro. This Oath was ministered to all that proceeded Doctors: which was the cause that some men of great worth and learning, refused to take that degree M. Gilpin. in those days: for besides other dangers, it brought two great mischiefs upon them, that took it. The first concerning Allegiance of subjects to their kings; the second concerning Bishops or Doctors that might be called to a Council. For if a quarrel fall between the King and the Pope, it is hard for any man to be▪ a true subject to the King, that taketh such an Oath to the Pope. Especially when the Pope must interpret that obedience which is vowed and sworn to him, in such a sort, as that it includeth a contradiction to the faithful service and Allegiance, which every Subject oweth to his King. Moreover, if a Council should be called to determine Religious affairs, and to reform the abuses of the Court of Rome, how can sincerity and indifferency be expected of them, that are aforehand bound by Oath to the Pope, and engaged so far Pius 2. ad M●…guntin. capit. that as a Pope chargeth the Bishops of Germany, they cannot speak the truth against the Pope, but they break their Oath. And therefore since this Oath was exacted of the Clergy, there were never such free, sincere, and holy Synods held, like to those which were in former times. But of all Oaths or vows, Chemnit. exampart. 1. cap. 1. that is the most servile, which the Jesuits by virtue of their Order profess to the Pope, that they will serve him, as Christ's Ex A●…dradio. Vicar. 37. These Oaths by the Pope were first exacted of Archbishops, though in process of time, they came to be farther imposed. To this purpose there is a Canon in the Decretals of Gregory the ninth, which Canon because it openeth somewhat, both of the reason and antiquity of this Oath, I will set down De elect. & elect. potest. cap. 4. Significasti. the whole. Thus it is: Significasti Reges & regni maiores admiratione permotos, etc. That is: [You signified to me by your Letters, Apocrisiarius, id est, responsalis negotiorum Ecclesiast corum. that the Princes and Barons of the Kingdom, were moved with admiration, that the Pall was offered you by our Apocrisiaries, (that is Chaplanes) with this condition, that you should take that Oath which they brought you written from us. Hinc marus Epist. 3. Nostrates capcllanum appellant. Idem ibid. Let them in like sort marvel at our Lord jesus Christ in this cause: Who committing the charge of his sheep to Peter, put thereto a condition: saying, If thou lovest me, feed my sheep. Now if the creator of consciences, and searcher of secrets used this condition, and that not once, but the second time and again, till he had made him sorry: What care then ought we to have that so great a Prelateship of the Church be not by us committed to our brethren, whose consciences we know not. They object that all Oaths are prohibited by the Lord, and that this practice of exacting Oaths, is not found either established by the Apostles of Christ, or by Counsels. What then is that which the Lord addeth as next following: That which is Hoc enim ampliu●… ut Exigamus, malum nos,, illo permittente compellit. more than this is of evil. For evil compelleth and forceth us (the Lord permitting) to exact this which is more. For is not this evil, to start from the Church, and obedience of the Sea Apostolic? And to break out against the constitutions of Canons? Which many have done, after their Oath to the contrary. We are therefore compelled by this evil, and by necessity Hoc nimirum malo, ac necessitate compellimur, juramentum pro fide, pro obedientia, pro unitate requirere. to exact an Oath for Fealty, for Obedience and Unity. They object that this thing is not established by Counsels: as though any Counsels may prescribe a Law to the Roman Church, seeing all Counsels are by the Authority of the Bishops of Rome enacted, and have their strength. And in their Canons the Pope's Authority is manifestly excepted.] 38. The Reader may be entreated hence to observe: First, that this Oath in the time of Paschalis the second, who wrote this (for Gregory the ninth Collected it from him) was received with great admiration, both of Temporal Lords, and of the Anno 1099. Archbishop himself, as a thing never practised before that time. Then we have the antiquity of imposing such an Oath. Secondly, we observe this cursed boldness of the Pope, in perverting Scriptures to serve his pride and lust. Without which blasphemous abuse of holy Scriptures, this jurisdiction could neither at first have been imposed; nor since maintained. Thus he handleth all the Scriptures that he meeteth withal, as in these few words two divers Scriptures. Thirdly, he granteth that evil compelled him to this, God only permitting, which is as if he should say: The devil compelleth and driveth him to it, God only permitteth. He who acknowledgeth thus much, is wittingly and willingly the servant of the devil, and of that evil which by his own confession compelleth him. Fourthly, he rejecteth the authority of the Apostles and Counsels, as being himself above them. Fifthly, his reason is to be noted, drawn from Scripture: Christ saith, That which is more than this is of evil; therefore the Pope may exact an Oath of Archbishops. And the Pope's Canons having once expounded this Scripture thus; it must always be the true sense of it: For that say they is the true sense which the Pope giveth. Sixthly, where we find this Oath exacted of an Archbishop, accounted a thing so strange by the Barons of the land: We collect that the Pope at the first required this Oath of Archbishops only, which was the cause that moved many Archbishops to join with the Pope in the pursuit of this new jurisdiction against their own Sovereigns. And hence we see a reason, why Anselm withstood the King against the liking and consent of all the Bishops of the land, as we shall hereafter declare: Because this Oath was exacted of Archbishops, Anselm had taken it. For (as by this Canon it appeareth) it was conveyed with the Pall to the Archbishops, if they will have the Pall, besides the other price, they must take this Oath. But the Bishops as then had not taken the▪ Oath, which made them freer to withstand Anselm. Seventhly, and last of all, observe what kind of Oath the Pope required: An Oath of Allegiance, And therefore the sum and purpose of that former Canon, is thus set down in the Edition of Gregory the thirteenth. Electo in Archiepiscopum sedes Apostolica Pallium non tradet, nisi prius praestet fideluatis & obedientiae juramentum. That is, [The Sea Apostolic will not deliver the Pall to any Elect for Archbishop, except he first take an Oath of Fidelity and Obedience.] Then the Oath which the Pope requires, is an Oath of Allegiance. By this the purpose, reason, Antiquity, and honesty of this Oath may the better appear. 39 Besides this Oath which Popes have exacted of the Clergy, they have laboured to bring the Emperors also unto their obedience by an Oath: There is the form of an Oath set D. 63. cap. 33. down, Dist. 63. as exacted by Pope john the twelfth, of Otho the first Emperor: but because in that distinction there is much counterfeited stuff thrust in, as that Canon which beginneth Ego Ludovicus, etc. which Carolus Molinaeus hath by irrefragable proofs manifested to be forged; therefore this is to be suspected to be of the same kind. And this thing seemeth so unlikely, that there is no reason to receive it, without better story, than the Pope's Canons: For Otho the first was a Prince of great worth, wise and valiant; and john the twelfth, a Pope that deserveth no better Titles of the Historiographers, than a Monster and a Beast. Neither was this Emperor at any time in the power of that Pope, but the Pope in his; for john the twelfth helped Beringarius and his son, against Otho, which caused Otho to bring an Army against him: And as Luitprandus Luitprand. lib. 6. cap. 6. saith, juramentum Othoni Papa johannes supra pretiosissimum corpus Petri praestitit, se nunque Beringario & Aberto eius filio auxiliaturum. Naucler saith, that this john (whom he also calleth a Naucler. 2. Monster and a Beast) having intelligence that two Cardinals Generate. 33. wrote to Otho, to call him to Rome, cut off the nose from the one, and the hand from the other. Then for any Oath that Otho should take to the Pope, we find nothing in Story but the contrary. True it is, that Henry the fourth Emperor was forced by Hildebrand to such an Oath: for this Emperor being by him excommunicated, his Nobles and Bishops falling from his obedience, was driven to come barefoot with his wife and little son, in a sharp frost to Canusium (where the Pope then lay) and to stay at the gates of the City all night: and though in greatest humility he entreated pardon, yet Hildebrand was so busied (forsooth in company of his Harlots) that the Emperor Naucl. Gener at 36. was forced to attend three days in this grievous affliction, before he might have access to his holiness. And when he Schardius bypomn. came before him, he must be contented to be bound by an Oath to stand to the Pope's judgement: that at the pleasure of the Pope, before the trial of his cause, he should be ready either to leave or to retain his Kingdom: that he should use no Princely habit or ornament in the mean time: that he should not undertake any part of government: that he should not exact an Oath of Allegiance of his own subjects: that he should never revenge this wrong upon the Pope. When he had thus hampered the Emperor with an Oath, and with such strange and merciless conditions (such is the Pope's mercy where he is Master) behold a stratagem, a precedent of humility, godliness, patience, mildness of a Pope, he set up Rodolph Duke of Suevia against him in battle. 40. The Pope's having once extorted an Oath of the Emperor, were desirous upon such precedents to make laws: for they had no other means to build up their jurisdiction: therefore when as first by force they extorted some Oaths, afterward they set such examples in their Canons, and last of all they expounded those Oaths, which sometimes Emperors took, to be Oaths of Allegiance to the Popes. For this purpose there is a Canon in the Clementines: Clement the first confesseth that Henry the seventh Emperor, refused the Oath which he would have imposed upon him: and so do other stories witness, that the Emperor refused to take that Oath. But Naucler. Gener. 43. if we will believe Clement in his Canon, Henry afterward yielded to that Oath, but would not acknwledge that it was an Oath Lib. 2. tit. de iuramentis. of Allegiance, because the Emperors never swear Allegiance See the answer to this Canon, cap. 8. by Marsilius and Occam. to Popes, but Popes to Emperors: therefore Clement in that Canon, declareth that these (which some Emperors yielded to some Popes) were Oaths of Allegiance. Declaramns (saith he) iuramenta praedicta fidelitatis existere & censeri debere: That is, [We declare that the foresaid Oaths are, and must be accounted to be, Oaths of Allegiance.] 41. By this we see how highly they would advance the horns of this jurisdiction. And still we find this confirmed, that the Oath which is given to the Pope, is understood an Oath of Allegiance. And to certify us yet more fully of their meaning; it is set down not only as a law in their Decretals, but published as an ordinary Ceremony, which all must take knowledge of. In the book of their Ceremonies it is said that an Oath is to be ministered to all Emperors, before their Coronation, and before they enter the territories of the Roman Church. The Oath is there thus set down: [I will exalt the Pope, secundum meum posse, & vitam: he shall neither lose Sacrar. ceremon lib. ●…. sect. 5. cap. 2. member nor honour by my will, council, consent, or exhortation: In Rome I will make no Decree, or ordination of any thing that belongeth to his Holiness without his council.] In the same book and place before cited, it is said that Frederick the third Emperor took that Oath. 42. In this Mystery of Oaths they have proceeded so far, as to exhibit an Oath not only to the Clergy, but to the temporal subjects of other Princes, whom they may poison and pervert, by reconciling them to the Pope; which as it is a practice most dangerous to them that are so taken, and ensnared as Birds in the net of their own destruction, so is it no less pernicious for such Princes from whose obedience these are drawn: whereby the Pope seemeth to bring the question of jurisdiction to an issue with the Princes of Christendom, whether he shall overthrow them, or they him: for it is not possible that both should stand up together: for what is left to Princes, if their Crowns and the hearts of their subjects be taken from them? Or what is it, that Princes can have a more tender feeling of, then of their Crowns, and of the hearts of their subjects? And what is more forcible to steal away the hearts of subjects from their Prince, then to bind them with an Oath of Allegiance to another Prince? Then these men that have bound themselves by an Oath to the Pope; how is it possible they should perform true Allegiance to the King? For that the Oath which is exhibited to the Pope, is an Oath of Allegiance and fidelity; the Popes themselves by their Decretals have assured us. And if you will seek it out, this you shall find to be the true reason, why Pope Paulus the fifth in his late Breves hath forbidden the Recusants of this land, to take the Oath of Allegiance to the King, because they have taken an Oath of Allegiance to the Pope. Now it is not possible that a man should perform Allegiance to two Sovereigns: if one be vassal to the other, happily one may hold Allegiance to two; as for example, a Tenant may swear homage to his Landlord, and to his Prince also: but this cannot be done to two Sovereigns. August. Anconit. lib. de potest. Eccles. q. 22. art. 3. & 4. And if one shall take an Oath of Allegiance to divers Lords, it is concluded, that if the Pope be one of those Lords, he must be obeyed before all other whatsoever. Then it is not a Fatherhood in the Church, that the Pope striveth for, but a power over Princes, by weakening and undermining their authority, withdrawing the hearts of subjects: exacting an Oath of Allegiance of all whom they can reconcile: and not permitting their Converts to take an Oath of Allegiance to their own Sovereign Princes. And because we find that moderate and conscionable Papists, as Master Hart in the conference with Doctor Reynolds, and such like, being driven to understand the cause aright, cannot choose but justify our cause, and will not yield to the Pope, a Princehood over the world, but only a Fatherhood of the Church: not granting to him john Hart Epist. to the Reader, and chap. 7. diuis. 7. a power to depose Princes: confessing also that the power which we give to Princes, is not understood of themselves, for they, before they will understand our cause, think that we mean to give as much to the Prince, as they do to the Pope: Hart. chap. 10. divis. 2 therefore we have reason to rest herein assured, that if the Jesuits entered not into the Pope's battles with a Pontifical fury, the Pope would utterly be forsaken in this, wherein all moderate spirits have already forsaken him: or if he would relinquish this part of the quarrel, which he maintaineth against temporal Princes, happily he might make himself much more stronger than he is, or possibly can be by following this co●…rse; But as the end is not Religion, but a worldly Principality that they shoot at, so the means which they use, are not the courses of moderation, conscience and religion, but of force and fury; they will have all, or lose all. Wherein the wisdom of the Jesuits will be called into great question, for setting the Pope upon such desperate courses, at least for being the only instruments of these new and furious practices, which doubtless will in the end make an end of his Kingdom. §. FOUR Of investitures. 43. Having spoken somewhat of the means, whereby this jurisdiction was sought, we are now to speak of the parts of this jurisdiction, as we find the same practised at this time, when it was at his height. The parts of this jurisdiction so much pursued by Popes, we gather to be these: power over Bishops, power over general Counsels, investitures, exemption of criminous Clerks, the Pope's power in giving laws, appellation; and last of all, a power to depose and deprive Kings: In all which the Pope hath proceeded d●… facto, to practise that power whereunto he never had right. The two first we purpose not to speak of here, because of the first we have spoken already, Chapt. 5. Of the second we purpose to speak in the last Chapter; the rest are here to be handled in Order: and first of investitures. 44. The first Pope that claimed investitures, was Hildebrand. William Malmsbury saith, Hic (Hildebrandu●…) quod alij i●…usitauerant palam e●…tulit, excommunicans electos qui Inuestituras 〈◊〉 de manu Laici per annulum & bacu●…m accipere●…: Malmsb. l. 3. de gestis reg. That is [He openly by excommunication thrust out them that had taken investitures of Churches from a Lay hand, by a Anglor. Ring and a Staff: which thing before Hild●…bi and other Popes had not done.] Whereunto all the Histories of this time give consent, declaring that the first claim that the Popes made for Naucler. 2. gener 36. & generat. 36. investitures, was begun by Hildebrand: And because that the Popes were so peremptory herein, raising and continuing so great and so long a contention about this thing, therefore it is thought by many that this right of investitures was the Churches right, and consequently the Popes. And that Emperors and Kings did usurp it by invasion and intrusion, first, privately, and then more publicly: We are therefore to seek out this point, to whose right investitures did auncie●…tly belong, whether to Kings or to Popes. Now that they were a part of the ancient right of Emperors and Kings, it is witnessed by Gratian: for he bringeth an ancient testimony which doth witness, That Pope Hadrian did entreat Charles the great to come to Rome, and defend the affairs of the Church; and that there the Emperor held a Synod, in which this ancient right was confirmed to him by Pope Hadrian: H●…drianus autem Di●…tin. 63. cap. 22. Hadrian●…s. Papa cum universa Synodo, Carolo ius & pot●…statem eligendi pontificem, & ordinandi Apostolicam sedem, dignitatem quoque patritiatus ei concesserunt: Et Episcopos per singulas▪ prouincia●… ab eo Inuestituram accipere defi●…iuit, ut nisi à rege laudet●…r & I●…uestiatur Episcopus, à nemine consecretur. That is, [Pope Hadrian with the whole Synod granted to Charles the right and power of choosing the Pope, and ordaining the Sea Apostolic, and the privilege of the Roman Nobility; and defined that Bishops through all Provinces should take investitures from him: that a Bishop should be consecrated by none, unless he were first invested by the Emperor.] Thus much is also testified by Sigebert and many more. The same is confirmed by Sigebert an. 774 Pope Leo, who granteth this to be the right of Otho the first, as Hadrian did to Charles: for thus saith Leo: Othoni primo Leo. 7. Te●…tonicorum Regi eiusque s●…ccessoribus, etc. perpetuam facultatem Dist. 63. cap. 23. In Synedo. ●…ligendi successorem, & summae sedis Apostolicae Pontificem, ac per hoc Archiepis●…opos se●… Episcopos, ut ipsi ab eo Inuestituram accipiant. [To Otho the first, German Emperor, and to his Successors, etc. We grant the choosing our successor, the Bishop of the chief Apostolic Sea, and by this to choose archbishops and Bishops, that they may receive investitures from him.] 45. In both these Decrees, as well of Hadrian as of Leo, there is Anathema denounced to the violators thereof: Now Hildebrand was the first violator of them. The things which the Pope's decree in their Consistory, in a full Synod, under Anathema, are things which must be unchangeably kept, or else there may be errors and uncertainty in the Decrees of his Holiness, which the Jesuits will not confess. But some of late presume, that the Pope's first granted these investitures to temporal Princes, and that they have no greater right or Title to them, then from the Pope's gift: and the same authority, say they, which gave them, may revoke this gift. We answer, this was yielded to Charles when he was first made Emperor, as the ancient right of the Empire. This is proved first, because in the same Distinction of Gr●…tian this is often called antiqua consuetudo, Dist. 63. cap. 18. & 21. and prisca con●…uetudo: and cap. 18. Pope Stephen answereth that he deferred the consecration of a Bishop, Quod imperialem nobis, ut mos est, absolutionis minimè detulit. Epistolam. And a little after, Uestr●… solertia, imperial●…, ut prisca dictat consuetudo, percepta licentia, & nobis, quem ●…dmodum vos scire credmus'▪ imperiali directa Epistola, tunc voluntati v●…strae de hoc parebimu●…. And again: Non debet ordinari qui electus fuerit, nisi prius de●…retum generale introducatur in regiam urbem, secundum antiquam consuetudinem, ut cum ●…ius scientiâ & iussion●… debeat ordina●…io provenire. Then the Bishops of Rome themselves grant, that this was the ancient use and custom of the Empire. The same is also confirmed from the reason that drew Charles, then from the siege of Ticinum to that Synod, it was to have the ancient rights of the Empire confirmed to him. Which thing is declared by divers Histories, especially by Theodoricus de Niem, who testifieth that the reason which drew Charles to Rome at that time was, to have the right and ancient uses of the Empire clearly known. There was, saith he, a Synod holden by Pope Hadrian, and one hundred fifty three Bishops & abbots, exquirentib●…s Theodor. de Niem de investituris. usus, leges, & mores eiusdem Ecclesi●… & Imperij That is: [Making search of the uses, laws, and customs of the same Church, and of the Empire.] For all that could be proved to be the ancient privileges of the Empire, was Charles to have then to be confirmed to him, but then were investitures confirmed to him: therefore they were part of the ancient privileges of the Empire. 46. Hincm●…rus Archbishop of Rheims, lived and wrote about the year eight hundred sixty. At what time without any question the ancient practice was continued of choosing Bishops by the consent of the King. For he writing to the Bishops of France, saith of the manner of choosing Bishops. Consensu Epi●…t. 4. ad Episc. Franc. cap. 5. principis terrae, qui res Ecclesiasticas divino judicio ad 〈◊〉 & defendendas suscepit, electione cleri atque plebis, quisque ad Ecelesiasticum regime●…▪ absque ulla venalitate ●…rouehi debet. That is: [By the consent of the Prince of the land, who by the Divine ordinance hath undertaken the defence and preservation of Ecclesiastical causes: and by the election of the Clergy and people ought every one to be promoted to the Ecclesiastical government without Simony.] This then is the ancient right of every Prince within his own dominions. As the same Hincmarus Ibid. saith afterward: Principi terrae magnoperè providendum est, ●…e in his Deus offendatur, per quos religio Christi●…na consistere debet. Marsilius' Patavin. hath a testimony, which if it were of doubtless Defen●…or. pac. part. 2. cap. 25. authority, might move some doubt. For he saith, that Pope Simplicius did forbid investitures to be taken at a lay hand, albeit, saith he, by that decree it is manifest, that his predecessors Simplicius was Pope an. 467. exhibiting all due and humble reverence to Princes, did use to take investitures from Lay-men. It is manifest by this, that Marsilius had seen a decree of Simplicius to this purpose. Which if it were the true decree of Simplicius, then were investitures acknowledged the Prince's right, long before Charles: but if that decree were forged, as doubtless it was, with many more: Let the Roman forgery be acknowledged, and the Masters of that mint known. Howsoever, it is out of question that investitures were acknowledged the ancient right of the Empire by Ha●…rian: yielded to Charles; granted also by divers Popes, as is apparent by their express confessions, of whom some were more ancient than Charles the great, and some since. 47. The reason why it should belong to temporal Princes is so great, that it moved Popes, Emperors, and Kings, to enter into the greatest and hottest contentions, the one to purchase a new title; the other to retain their ancient right. For until the time of Constantine, we find little or no mention at all of these things, because the jurisdiction was then unmixed, this power coactive was not then practised by the governors of the Church. But when Constantine had enriched the Church, given place and authority to Bishops: adding unto that power which they had, a new part of jurisdiction, which they had not before Cap. 5. (as we have declared.) And by this example of Constantine, other Emperors and Kings adding thereto; so that a temporal Lordship was added in the end to a▪ Bishopric: (which thing was first instituted by Otho the second Emperor, in the opinion of Cardinal Cusanus. For writing of this Otho, he saith: This Otho was Emperor An. 967. C●…edidit perpetuis temporibus imperio subiectis p●…cem dar●… posse, si temporalia dominia ●…am Rom. Ecclesiae, quam aliis adiungerentur, Cusan. de Cathol. concordantia. lib. 3. ca 27. cum certi serui●…ij observatione, tunc enim cultus divinus augmentaretur, religionem in magnam reverentiam exaltandam credidit, quando sanctissimi Episcopi magnae potentiae aliis Principibus intermiscerentur: A mixed jurisdiction thus being committed to Bishops: Then was it good reason, that Bishops haui●…g received such an external coactive power from temporal Princes; that these Princes should be well secured of their fidelity to them, for so much of their authority, as they received from such Princes. 48. This example of government, the first Christian Prince's set up in the Church, drawn from the government of the Church of jews, as we have said: so that Christian Kings have the same power over Bishops, which the godly Kings of Israel had over the Priests in that state. From this ground riseth Ecclesiastical jurisdiction, which being taken by the first Christian emperors, from the example of the state of Israel, was continued by them and their successors, without: question or contradiction, till the time of Hildebrand. For Gregory the first, speaking of this ancient right which Emperors had in his time and before, declareth that this right of theirs in placing of Bishops, was an order so ancient, so established, that the contrary thereof was never known or heard of in the Church. And therefore writing to Constantia August●…, he saith: Salonit●… civitatis Episcopus me ac responsali meo nesciente, ordinatus est: E●… facta res est, quae sub nullis anterioribus principibus e●…nit. Quod eg●… Lib. 4. regist. indict. 13. cap. 7●…. audience, ad eundem praeuarica●…orem qui 〈◊〉 ordinatus est, protinus misi, ut omn●…no missarum 〈◊〉 celebrar●… nullo 〈◊〉 praesumeret, nisi 〈◊〉 à serenissimis Dominis 〈◊〉, si h●… fieri ipsi iu●…sissent. That is: [The Bishop of S●…lone, was ordained without the knowledge of myself and my Chaplain: And that thing is done which ne●…er happened under any of the former Princes. Which when I understood, I sent presently to that 〈◊〉 which was inordinately ordained, that he should not in any case presume to celebrate Mass, unless first I might understand of my most serene Lords (the Emperors) whither they commanded this.] Which testimony ●…is also cited Des●…. 63. to prove that the Emperors ought to choose Bishops, as Hadrian acknowledged the right to Charles, and L●…o to Otho. Gregory saith, that the Bishop who i●…truded upon that Church not only without his knowledge, but also without the consent of the Emperor, should not be suffered to exercise his function, before that he might understand whether the Bishop had the Empero●…s consent herein: he saith also, that this practice of intruding without the emperors consent, was a thing never practised under any Prince before that time. Facta res est quae sub nullis anterioribus principibus evenit. For t●…at these words are referred to that intrusion without the emperors knowledge, it is evident, because he saith not that this was never practised under any Pope, but not practised under any Prince; and that he will send to the Prince, to know whether the Prince commanded this thing: and therefore he calleth him a Praevaricator that presumed to cross this ancient right of Princes. Then he condemneth a number of his successors for Pr●…uaricators. Gregory knew well what he wrote, having the perfect Register of things of this kind, done between the time of Constantine, and his time; therefore his testimony maketh fair and full evidence, that this was the right of Christian Magistrates, long before Pope Hadrian did yield it to Charles. The same thing is also witnessed by the twelfth Toletan Counsel, Concil. Tolet. 12. cap. 6. which was h●…ld in the time of Pope Agatho in the year six hundred and eighty, that is long before that time wherein Hadrian yielded this right to Charles, as the old right of the Empire. 49. But Cardinal Baroniu●… stricken with a strange fury in this question of investitures, ventureth upon a new and desperate course, denieth all Antiquities, and bringeth a more shameless handling to these things, than ever was brought by any man before him: He denieth the whole, with all the parts of it, that is reported of Hadrian yielding this to Charles: but most of all he breaketh all rules of patience and moderation against Sigebert, because among many, he also hath reported this Baron. Annal. an. 774. Story: Sige●…ert (saith he) like an Impostor, first devised and forged this tale, that Pope Hadrian yielded investitures to Charles; and this he wrote in the favour of a s●…hismaticall Emperor. Why Baronius should put upon Sige●…ert Imposture and subornation, we see no reason; unless it be that he thinketh, that if 〈◊〉 could be put to silence herein, there could no proof appear in all Antiquity for investitures. If this be●… his meaning, he is much dec●…iued: for before this word investiture was in use, the Princes right was always acknowledged. Long before Sigebert, the twelfth Council of Toledo remembered this thing, as we have declared: and before that Council Hincmarus; and before Hincmarus, Gregory the first witnesseth, that it was a custom in his time so ancient, that the contrary had never been heard of under any Christian Princes. Then if we should ad●…it that Sigebert had been silent, yet the right of Princes in this thing, is sufficiently proved against the Pope. 50. But let us hear what the Cardinal can say for himself: We must needs examine his proofs, because divers other do rest upon his judgement, and deliver it peremptorily, that Sigebert hath devised this tale, and that there was no such thing in truth. Because the Discourse of Baronius is long, I will gather his reasons, and will leave out nothing material, that he hath brought for himself. First he telleth the Reader, that when he hath heard all the matter, he will be forced to cry out, O Scelus, O impostura▪ O Frau●…. I suppose that this will prove true in the end, that when the Reader hath heard all, he will exclaim, O villainy, O k●…auerie, O cozenage: But why? For, saith 〈◊〉 [Sigebert perceiving that he could not prove this by former Historiographers, what did he? Forsooth in the favour of a schismatical Emperor, who challenged investitures, he thrust into his Chronography by fraud these words: Postea rediens Carolus, Papiam c●…pit, it erumque Roma●… redijt, Sy●…odumque constituit cum Hadriano Papa, alijsque 15▪ 3. religiosis Episcopis & abbatibus, in qua Hadrianus Papa cum universa Synodo tradidi●…●…i ●…us eligendi pontisicem & ordinandi s●…dem Apostolicam, dignitatemque patritiatus: Insuper Archiepiscopos, Episcopos per singulas provincias ab eo investituram accipere defini●…it, ut ●…isi à rege laudetur & Inuestiatur, à nemine consecretur.] Is it any rea son that a man who for almost five hundred years hath always been reputed an honest man, should now be called by a passionate Cardinal a Knave? Was there ever any man before Baronius that put this imputation upon Sigebert? His memory in all ages since he wrote hath been famous for his learning, gravity, wisdom, and integrity: Sigebertus borum temporum s●…riptor (saith A●…entinus Auenti●…. lib. 5. speaking of those times wherein he wrote) vir alioquin etiam ut quisq illa tempest●…te esse poterat, omnis divini hum●…nique i●…ris consult●…ssimus. That is [Sigeb●…rt a writer of these times, a man most skilful in all human and divine Law, as any other whatsoever that could be found in that time.] Then it is not likely that he should now be found unhonest▪ that in so many ages hath passed for an honest man: And if the testimony of others that witness with him the same thing, be sufficient to clear him, he will be cleared by a great jury, and a firm verdict. 51. Frosard writing the French Story, and collecting the actions of Charles the great, out of the ancient Stories of that nation (and where can the actions of the French Kings be better Frosard. i●… Charlemagne. fol. 80. known, then by the Stories of that nation?) saith thus [Charles came to Rome at the request of the Pope, and there kept Easter. And before he went away there was a Council of one hundred, fifty and three Bishops and Abbots: there Pope Hadrian by the consent of all the Council, gaùe him the honour to choose the Pope, etc. and that archbishops and Bishops should hold and have their Seas by him.] Functius hath Funct. comm. A●… 772. the same story. Huldericus Mutius witnesseth as much. Sabellicus saith, Hadriano autore decretum ut Carolus rex qui op●…imè Mutius l. ●…e Germanorum morib. 7. esset de Romana 〈◊〉 & Italia meritus, Pontificem l●…geret, etc. Par illi potesta●… de patritiat●… dando, de Episcopis provinciatim Sabèl. Ennead. 8. l. 8. eligendis, ut omnia demum irrita haberentur, nisi quae Carolus probasset. Walthramu●… Bishop of Naumburg saith, Hadrianus Papa collaudantibus Romanis & pl●…na Synodo etc. Carolo M. & Walthram. l. d ᵉ Inuestitur. Episc. eius successoribus etc. sub anathemate concessi●… patr●…tiatum & investituras. 〈◊〉. I must entreat the Readers patience. For I am forced to cite these witnesses only for the justifying of Sigebert, which otherwise might have been spared; if Baroni●…s had not brought Sigebert, as it were to hold up his hand at the bar: unreverently raking up the ashes of the dead, & disquieting the grave of a man that ●…as buried with honour, and hath res●…ed so many ages without disturbance, until the profane hands of Baromus light upon his grave. It would be a matter of just reproof and reprehension in us, not to be as courteous to the dead, as they are cruel against them: not to be a●… careful for preserving antiquities, as they are to deface all a●…cient monuments that stand against them: not to be as resolute for the truth, as they are impudent to maintain f●…lshood. I must therefore proceed in producing witnesses, who lived some since that time, and some before: that 〈◊〉 testimony may be justified, his honesty cleared: and that t●…e world may see by what strong faction and passion, Histories are now written to defend the Pope's jurisdiction by defacing all ancient records that stand against it. 〈◊〉 de Lupold de iure Regni & Imper. ca 1. Babenberg hath written a book, de i●…re Reg●…i & Imperij Rom●…ni, in which he hath the same story, that Charles came into Italy at the request of Pope Hadrian, & that H●…drian granted investitures Fascicul. tempor. an. 7●…4. to Charles in a Synod held at Rome. ●…asciculus temporum written by Rollewinkins Warner, saith likewise of H●…drian: Iste Hadrianus etc.▪ i●…s Carolo super ordinatione sedis Apostol●… & institutione Episcoporu●…, Abbatum, etc. in 〈◊〉 al●… concilio dedit. Marsilius Pataui●…s in divers places doth witness the same Mars●…l. de tranflat. Imperij. thing, but more expressly in his book d●… translatione Imperij, where he saith thus: Tune Hadrianus benefi●…ijs temporalibus dicti Principis allectus, 153 Episcoporum & Abbat●…m concilium R●…ma congregavit ibique cum universa Sy●…odo dedit ei ius, ●…c. And so declareth the same thing, that inuesti●…res were confirmed to Rodulph. de Col●…mna lib. de translat. Imp. Hartman. Shedell. Ch●…rles. Rodulohus de Colum●… writeth a book of the same argument, wherein he witnesseth the same thing. The Story which is called Registrum mundi, written by Hartm●…s Shedell, saith that Charles went from the siege of Pavy to Rome. Pascha in Mat. Palmer. an. 776. urbe celebrare constituit, assumptis se●…um 〈◊〉 & Abbatibu●… etc. inde Synodum habuit. Mat Palmerius speaketh to the same Ranulph. Polycron. lib. 5. ca 6. purpose. Ranulphus in his Polychronicon saith likewise, Hadrianus concilium 〈◊〉 in urbe Roma cum Cl. patribus 〈◊〉 Martini Chronic. an. 779. extat Ms in bibliothec: Mertonensis Collegij Oxon. Ca●…lo cui concessum est tunc ius in●…lectione Rom. Pontificis, & ordinandi sedem Apost●…licam, etc. To the same purpose speaketh Martinus, who is entitled Pap●… Primarius Capellanus. 〈◊〉 in speculo Historiali hath the same narration at full, of the Vincent. in Speculo Hist. lib. 23. ●…a. 168. siege of Papia, of Charles his coming to Rome, of the privileges granted to Charles by Pope Hadrian in a council, among which investitures are expressly named. 53. Nauclerus hath the same Story at large, declaring that Naucler. volume. 2. Gener. 23. Pope Hadria●… held a council of one hundred and fifty three Bishops and abbots, by which Synod investitures were yielded to Charles. Upon which grant, saith he, the French Kings to this day hold the same privileges in divers Provinces, and namely in Provincijs Ce●…omanensi Rotomagensi & R●…mensi. What greater evidence can we seek to prove that this thing was done, than such confirmation from such witnesses, and from such privileges of the kingdom of France, that in the midst of Popery continued from that first privilege. The same Author witnesseth, Naucle. g●…er. 38. that when Henry the fifth Emperor came to Rome to appease this controversy, for investitures between the Empire and the Papacy, which was first raised by Hildebrand: that the Emperor entreated no more, then that which in public records was continued the custom from Charles the great. Imperator, saith he, volens uti consuetudine & authoritate praedecessorum suorum, petebat sibi servari ea quae pri●…ilegijs Carolo M. & successoribus in Imperio iam per 300 annos & amplius concessa & obseruata fu●…runt. Ex quibus privilegijs licitè per 〈◊〉 ann●…li, & virgae Episcopatus & Abbatias conferebant. [The Emperor desi●…ous to use the custom and authority of his predeces●…ours, required that those privileges should be reserved for him which were granted to Charles the great, and to his successors in the Empire, and observed now for 300 years and more. By which privileges it was lawful for the E●…perours to confer Bishoprics and Abbacies, by investiture of a ring and a sta●…e.] When the Emperor did show these privileges, and claimed nothing but that which by public records was confirmed to him: did any man then object that Sigebert had corrupted those evidences? When the Pope nor no man for him would or could plead this corruption then, it is too late and too gross for Cardinal Baronius now to bring that plea. Against these known privileges of the Empire, Pope Paschalis at that time pleaded nothing but Synodale decretum, saith mine Author: a late decree Naucler. ibid. that the Pope himself had made. 54. Then we have witnesses of all sorts, of all times since Sigebert. But if Baronius sit as judge in this cause, he will say all these are not able to move him. For all these wrote since the time of Sigebert, and had the narration from him, who by fraud and imposture put it into his Chronography, as he is also charged to put the History of Pope joan a woman into his book. And I am persuaded that the Cardinal is more passionate in this particular against Sigebert, because he reciteth also the Story of Pope joan. For if they can convince him of a lie in any one thing, his report may be justly weakened for other things. For Pope joanes matters I meddle not, I leave them to him who hath M. Cook. of late learnedly and painfully handled the same. I am now to clear Sigebert from forgery in this point of investitures. And because Baronius doth peremptorily assure us, that no man before Sigebert did write it: we are to search the times before him. A man would think that the Cardinal so skilful in Story as Baronius is taken to be, affirming so confidently that before Sigebert none wrote thus: and thereupon charging Sigebert of forgery (the most heinous crime that can be committed by a writer of records) should be sure of one of these two things, that either in truth no Story before Sigebert hath mentioned this; or if any have done it, to expunge them so, that the truth might never come to knowledge. And to say the truth, all his confidence (as likewise all the confidence of that side) consisteth in this new found unblessed devise of expunging ancient Authors. And yet for all their expurgatoriall tables and shameless shifts, this truth will not be hid. We must therefore declare, who hath written the same thing before Sigebert. 55. First, we produce Gratian Dist. 63. ca 22. who recordeth the lame thing, as before we declared. Nay, saith Baronius, Gratian wrote after Sigebert, and hath transcribed this narration word for word out of Sigebert. That Gratian wrote after him, it is not altogether so clear, for there is some doubt of the time when Gratian wrote. And if he wrote after him, it was not long after, for they lived together in one time. And Gratian so much respecting the Pope's authority as he doth, so well read in antiquities as he was, is very unlikely to take a tale from Sigebert, which he saw not confirmed by ancient writings, or to receive a slight report from one of his own time, and one of the Pope's enemies, (as Baronius would make Sigebert.) But where he saith, that Gratian transcribed this from Sigebert, this we utterly deny: for that which Gratian saith hereof, if it be compared with that which Sigebert writeth, cannot appear transcribed, because there are divers words in the one narration, which are not in the other. Moreover, Gratian citeth another Author for it then Sigebert. Let Baronius be judge, and Gratian the witness. Gratian citeth the Ecclesiastical History for this narration, thus: Ex Historia Ecclesiastica, and then he setteth down the Story. But Sigebert wrote no Ecclesiastical Story: therefore Gratian doth not transcribe this word for word out of Sigebert. The proposition is evident in all Editions of Gratian, yea even in the Edition of Gregory the thirteenth, which the same Gregory commandeth to be preserved without addition or change in any thing. Ne cuiquam liceat Gregorius 13. eidem operi quicquam addere vel immutare, vel invertere, nullave Pr●…fat. ad corpus i●…ris Canon. interpretamenta adiungere, sed prout in hac nostra urbe Roma nunc impressum fuit, semper & perpetuo integrum, & incorruptum conseruetur. In this Edition, that is with such caution and authority set forth, this place of Gratian is cited, out of the Ecclesiastical Story. Now that Sigebert wrote no Ecclesiastical History, all men know his book is entitled thus, Sigeberti 〈◊〉 Chronographia. Baronius acknowledgeth so much, and calleth it Sigeberts' Chronography. Neither was it his purpose to write an Ecclesiastical History, but a short and very succinct Chronography: neither hath it ever been taken and reputed for an Ecclesiastical History. Then Gratian citing an Ecclesiastical History, citeth not Sigebert, but some other. And this is enough to clear the matter against Baronius, that Gratian did not transcribe it from Sigebert. 56. From whom then did Gratian transcribe it? I say Baronius is refuted, though I could not answer this question. But if we must answer, and make a further search: I answer, that Gratian cited this assuredly from Anastasius Bibliothecarius; who wrote the story of the Church, and the Pope's lives. Anastasius is extant in Print, A●…. one thousand, six hundred and two, Moguntiae. This was long after that Baronius had undertaken, that none before Sigebert wrote thus. In this Edition of Anastasius there are divers references in the Margin to the Annals of Baronius: so that we are not to look for any help from this Edition; Baronius having done his lust upon it, and so many eyes watching, and hands working, to see that nothing may come to light, which may disprove that which Baronius hath once with such confidence undertaken. But these works of darkness, though never so cautelously handled, will be found out, and bring shame upon the workers. For Platin. Pascal. 1. Platina witnesseth that Anastasius Bibliothecarius wrote this, that Pope Hadrian yielded this right to Charles the great. His words are these: Bibliothecarius scribit Lodovicum liberam eligendorum Episcoporum potestatem Paschali 〈◊〉, cum antea ●…a quoque in re Imperatores consulerentur: quam potestatem ab Hadriano Pontifice Carolo concessam, idem autor refert. That is, [Bibliothecarius writeth that Lodovic granted to Pascalis the free choice of Bishops, when as before that time the consent of the Emperors was required in this thing: which power the same author Bibliothecarius declareth that Pope Hadrian gave to Charles.] Then we are certified that Anastasius wrote it. And though this late Printed Anastasius have it not, yet that doth not impair our cause, but our adversaries: and doth testify before God, Angels and men, the execrable impiety of them who like Giants fight against God, and truth, expunging and defacing ancient Records. Then Platina assureth us that Anastasius wrote it, and therefore Sigebert was not the first reporter of it. 57 Theodoricus de Niem doth also witness, that this same narration was transcribed by him, out of an ancient Copy written so long before his time, that for age the Books and places where they were kept were almost consumed, hac scripta reperiuntur (saith he) i●… antiquissimis Bibliothecis, & poene praenimia Theodoric. de Niem. vetustate, consumptis: In which Books he found it written thus: Carolus rex ingressus Italiam, Papiam obsedit etc. Post haec reversus est Romam, ubi constituta est sancta Synodu●… a beato Papa Hadriano in Palati●… Lateranensi, videlicet in Ecclesia sancti salvatoris, qua reuerendissi●…è celebrata est ab 153. viris religiosis Episcopis, abbatibus etc. ab universis regionibus & ordinibus almae vrbi●…, ●… cuncto etiam clero huius sanctae Rom. Ecclesiae, exquirentibus usus leges, & ●…res eiusdem Ecclesi●… & imperij: Where the same testimony for investitures followeth at large. This man's Theodoricus de Niem styled Apostolicus scriptor by Cuspinian. Fred. 1. credit hath not been called in question, for aught that I could find: and there can be no reason to except against him, being the Pope's Register, or in some chief place under him for writing. And the better to declare the truth and fidelity of this man, it is worth the observing, that he hath with exact care recorded where he found these antiquities, naming the place where these books might have been seen of all men, at that tim●… when he wrote, for before his book he writeth thus: Incipit The book is extant in the Library of Queen's College, Oxon. descriptio de Inuestitura Episcopatuum regum Teutonicorum ex quodam antiquissim●… libro Florentino per me Theodoricum de Niem Lit●…rarum Apostolicarum scriptorem & abbreviatorem reperto, dum Dominus Papa johannes 23. illi●… cum curia sua resideret, fide liter extracta, & sequitur de verbo ad verbum prout in dicto libro videbatur scriptum. 58. This man then living in the time of john the three and twentieth, being the Pope's Register or Secretary, or in some such office, dealeth faithfully: For this extreme impudency was not then known in the world, which is now so much practised in the Court of Rome. We have also declared from the testimony of Nauclorus (whom john Reuclin, a man so much reverenced for learning in his time, did so much reverence for fidelity, and diligence, as appeareth by that Preface which the same Reuclin hath set before Nauclers' history) that this question of the emperors right for investitures came to a hearing and examination between Henry the fifth Emperor, and Pope Paschalis the second, where the Emperor showed records, proving for three hundred years before his time, the custom of investitures to have been continued from Charles the great. On the other side for the Pope, there could nothing be showed, but Synodale decretum: Some decree which Hildebrand or some Pope after him did make. Moreover upon that Canon of Gratian, which before we cited there is reference to Ivo Carnotensis, Lib. 8. the Election. Rom. Pont. So that it seemeth that Ivo also wrote this before Gratian. Howsoever it be, we have witnesses enough to prove Sigebert an honest man, and yet have we just cause to exclaim: O s●…lus, O impostura, O fraus! For when we find the mouth of antiquity stopped, the testimonies of approved writers partly rejected as impostures, only because they make against the Pope's jurisdiction: partly expunged by sacrilegious hands, and malicious and cruel hearts, that the truth by all means may be defaced, and falsehood adored and maintained by a generation, framed and fashioned to vanity and untruth; Apoc. 9 appearing with the countenance and hair of women, that is, of Harlots for their impudence, with the teeth of Lions for their cruelty, with the tails of Scorpions, for their stinging and expunging of ancient Authors, leaning the Marks of their poisoned strokes in all books which they handle: have we not then just cause to exclaim, O profound villainy, O admirable cozenage, O Antichristian imposture, drawn from the depth of Satan's policies! And what could make Baronius so confident to assure that none before Sigebert wrote thus; but a sure confidence and repose in the expunging of Anastasius? And yet hath he not so expunged that Author, but that the true marks of that Narration remain still in his book, as presently we shall declare. But behold into what wretched times we are now fallen: for we cannot write for the truth without fears, lest we should by convincing falsehood give an opportunity to falsifiers to work more falsely. For who can warrant us that this which we have produced, shall not hereafter be clean expunged out of these Authors, that no memory in antiquity may remain against them? And when they have corrupted all ancient Records, and their posterity shall triumph in the wickedness of their Fathers; then our hope is that Christ from heaven will show himself, and will not suffer that Kingdom long to endure, which standeth up by no other supporters than falsehood and ungodliness. These outrageous practices against the truth, cannot but raise up the spirits of GOD'S children, to an earnest longing and expectation of Christ's coming to deliver his truth, out of this captivity and filthy prison wherein unrighteous men seek to hold it down suppressed. 59 Baronius proceedeth: and telleth us that Eginhardus saith, that Charles came but four times to Rome, than Baronius laboureth to prove, that this thing could not be done at any of those times. We answer; It is enough for our purpose if Charles came but once to Rome: for all those Authors which I have cited do prove, that this was done in his first journey to Rome, before he went to the Saxon wars. And if he thinketh reason to deny the truth of this Narration, because Eginhardus doth not mention it: I answer, Eginhardus writeth very succinctly, and had no purpose to record all particulars. For he doth not mention that Charles the great did erect the University of Paris by the help of Al●…win an English man, and john Mailrose a Scottish man, and yet this is recorded by others, whose credit is nothing impaired by the silence of Eginhardus. Baronius doth also observe, that all that wrote before him, did not refel Sigebert for an Impostor, but only say that those things were granted by Hadrian, but revoked by other. We answer, it had been much more for his credit, if he also had kept the same moderation, which all before him have done. But now for an especial service to the Pope, he hath by his own confession pulled up an old hedge, which no man stirred before him, and therefore it is no marvel if a Serpent bite him: and Eccles. 10. 8. that in stead of a grave and faithful Historiographer, he purchase the just imputation of a factious writer, stuffed with invectives, betraying, professed partiality, an evil heart, a corrupt and pernicious resolution, to deface all antiquity that standeth against his purposes. 60. But he proceedeth, and asketh how this Council should be called of a sudden? And whence should so many Bishops and Abbots be so soon gotten together? A goodly question. These trifling objections serve to no other end, but to help to convince him, that dare contradict so many witnesses with so small show of reason. But as in the examination of thieves and Felons many things fall from themselves at unawares, by which their falsehood is convicted, so by this question he draweth an inevitable conviction upon himself: for Charles purposing to hold a Council, brought these Bishops and Abbots with him to Rome. And thus Anastasius witnesseth; for they have left such marks in the Printed Anastasius, as do plainly show wh●…re he was stung with the Scorpion's tail. For thus saith this printed Anastasius: Dumper sex mensium spatium ipse Francorum Rex Papia demoraretur, in obsidione ipsius ci●…itatis, magnum Anastas. Biblioth. ad An. 772. desiderium habens ad limina Apostolorum approperandi etc. Tunt abstollens secum diu●… sos Episeopos & Abbates, & judices etc. Cum pluribus exercuibus Romam per Thusciae parts proper avit. That is [While Charles stayed six months in the siege of Pavia, having a great desire to approach to the doors of the Apostles, etc. Then taking with him divers Bishops, and Abbots, and judges, etc. He came: by the parts of T●…uscia with many Armies to Rome.] Where we see, that they who expunged Anastasius (as thieves use to do in the like case) have left such marks behind them, as are sufficient to convince them: For to what end did Charles bring so many Bishops, and Abbots, and judges with him to Rome? This showeth evidently that he had a purpose to hold a Council. And because Baro●…ius asketh this question, whence came so many Bishops and Abbots of a sudden? We can soon answer him: Anastasius witnesseth, that Charles brought them with him, as purposing this thing aforehand. But we ask him a question which he will never assoil us, Why did Charles bring so many Bishops and Abbots to Rome? Anastasius witnesseth, that he brought a number of Bishops and Abbots to Rome: so that either Bar●…ius and the Expurgatours should have spared Anastasius, and not expunged that which he had written of the holding of this Council, or this should have been also expunged, which he writeth of the preparation of that Council. Again these words which are left in Bibliotheoarius, of Charles his coming from Pavy, do further convince Baronius, and detect the purpose offalsifying: for Baronius will not admit that Charles came to Rome at this time from Pavia, because Eginhardus faith, he was but four times at Rome, and this could not be done at his first journey, because from the expugnation of Pavia, he went presently to the Saxon wars: and thus he proceedeth, vexing his reader with wind, and words lighter than wind. Though he be deeply to be charged for this light and vain reasoning, yet his great and gross fault wherein he was so grossly overseen, is, that in cutting Anastasius, he cut not deep enough: For Anastasius in the words that are left, doth expressly declare, that Charles came from the siege of Pavia to Rome, which Baronius denieth and that he brought many Bishops and Abbots with him. Thus both by cutting out of Anastasius, that which Platina witnesseth he wrote, and by leaving in Anastasius that which doth prove so much, and testify their falsehood: they are convinced to be corrupters of antiquities, and new forgers of novelties. 61. Baronius perceiving that all this that he hath said will not help him, unless he proceed further to refute likewise all that Gratian saith in the next Canon, In Synodo: goeth on, and undertaketh also to refute it: For what other thing can he do, that hath once broken the bounds of modesty and moderation, but proceed to a resolution in impudence? Gratian citeth the Canon of Pope Leo, who gave investitures to Otho as Hadrian did to Charles. Baronius denieth that Pope Leo wrote so, as Gratian citeth him: what authority can be produced to satisfy these men? We bring the testimonies of Popes, we bring them cited by such as were the greatest maintainers of the Pope's jurisdiction, and yet it will not satisfy: Why? No reason is brought, but it standeth not with the liking of the Court of Rome in these days. He saith, that the name of investitures was not known in that age, wherein Charles lived: But how doth he prove that? No proof is brought: and what need he bring any proof, seeing there are many that are ready, to take all that he saith without proof? Concerning the name of investitures, the Civilians are herein resolved, and peremptory, that it came from the Laws of the Lumbards', as did also all the Laws, De feudis. For of these things there is nothing found in the ancient Roman Laws, nor in the later Imperial Laws, until the government of the Lumbards' was raised. And therefore it is certain, that before the government of the Lumbards' was erected in Italy, this word investiture, can not be proved to have been in use. But seeing by the Lumbards' it came in, and the Lumbards' were at their highest before, and in the time of Charles the great (for they were overthrown by Charles, after that they had reigned two hundred and four years in Italy, and had possessed all Italy in a manner, except only Palmerius An. 776. the City of Rome, as divers Authors do witness) it can not Naucler. gener. 23. be chosen but that in the time of Charles this word was in use. And when we have of the one side good reason, the testimony of histories, the judgement of Lawyers, concurring with the express words of the Pope's Canons which use the same word: shall it be thought a sufficient refutation on the other side, to say the word was not then used, and bring no reason thereof? Then this thing was used in Charles his time, and the name of investitures known. The same thing was used long before Charles his time, but not under the name of investitures. This name, and the ceremony of a staff and a ring came in by the Lumbards'. Then whether we consider the thing without this new name and ceremony, or with it: we find it always the Princes right. Thus Sigebert is justified, the truth tried, and the Knave known. 62. Now to come to the Kings of England, as their authority was no less than the authority of other Princes in their Kingdoms, so more we seek not. And therefore whereas a certain Catholic divine, telleth us, that Henry the first challenged Answer to the fifth part of Reports. investitures, as used by his father and brother before him, whereof yet (saith he) we find no express proof, or example in any of our Histories, that they had used them, much less that they were lawfully granted: how strange is this dealing? beseeming none but such as he is. For is not this proof good and sufficient, when the King challengeth no more, then that which was in fresh memory and use in his brother's days, and fathers? When we find so many testimonies of Story, of Counsels, of Popes, that there was no other right of giving investitures known through Christendom, than the right of Princes: shall base persons quarrel the testimony of a King, founded upon such proofs? Let the world judge of the learning of him who writing he knoweth not what, will tell us that the sense, devotion, and judgement of the world, was never to the contrary: fancying conclusions like a dreamer, not proving like a disputer. Now touching the particular of Henry the first, it is certain that he began no new custom, but Pope Paschalis the second, began to debar him from that ancient custom and right, which he and his Elders had always used. 63. For thus Roger Hoveden reporteth: In the year of Hoveden. Henric. 1. Christ one thousand one hundred and three, a great dissension grew between King Henry and Anselm Archbishop of Canterbury: because the Archbishop would not consent that the King should give investitures of Churches. Neither would he consecrate those Bishops to whom the King gave them. Because the Pope had forbid him & all the rest to do so. Quia Apostolicus (saith he) sibi & omnibus interdixerat. And again he saith: Quibusdam ad hoc nitentibus, ut Rex eas faceret more patri●… & fratris sui, non juxta praeceptum & obedientiam Apostoliei. [Because the Pope had forbidden him & the rest, etc. Some persuaded that the king would make investitures after the custom of his father and brother: and not according to the precept and obedience of the Pope.] Where note, that it is not the King's allegation, that this was his fathers, and brothers right; but it is a truth acknowledged by Ho●…eden, maintained by the Barons, denied by none. Against which, there was nothing then known, but only the new Precept of Pope Paschalis. The same Author declareth also, that these customs and prerogatives were not imposed by the King, but sought out with exact care & diligence by the Bishops & Barons jointly. For speaking of these customs in the time of Henry the second, he recordeth an Epistle which the Bishops of the Province of Canterbury wrote to Thomas ' Becket, wherein they testify thus much: Ne super his Rog. Hoveden. Henric. 2. contentionis funis tra●…eretur in posterum, noticie publica delegari, ad iuratis itaque per sidem, & per eam quae in Deum spes est, maioribus natu Episcopis, alijsque Regni maioribus, retroacti temporis insinuato statu, dignitates requisitae palam prolatae sunt, & summor●… in Regno virorum testimonijs propalatae. [Lest this occasion of contention should proceed any farther hereafter, it was brought to public trial. Therefore the most ancient Bishops, and other Barons of the Kingdom, took an Oath by their faith, and by that hope which they have in God to make a true search, whereupon looking into the times past, the privileges of the Kingdom were sought out, and published, and divulged by the testimonies of the greatest persons in the Kingdom.] Then these customs and ancient privileges of the Kings, were sought out by the gravest, and most learned of the Bishops and Barons: they were sworn to deliver the truth, as they should find it in the ancient Records of the land. After all these express proofs a masked Roman Catholic telleth us, that no proof hereof is found in all our Stories. If this man's Catholic divinity were examined (as when opportunity serveth it shall be) it will appear, that it consisteth of extreme confidence and impudence patched up with a few smooth words, without knowledge of Divinity, or of solid learning. 64. After this Calixtus held a council at Rheims, wherein he condemned all investitures taken from a lay hand. With this Pope, Henry the second King of England, met in conference at Gisars in France. The King pressed the Pope, that he might no●… be disquieted in his ancient right, that the ancient Laws and customs of his Kingdom, might be kept inviolable, as in the time of his progenitors they were. The Pope having nothing to say against these ancient customs, drew the King into another matter, entreating the King's favour for Thurstinus Archbishop of York, that he might be restored to his place, for the King had deprived him. The King answered, that he had sworn the contrary. The Pope replied; but I am Pope, and if you will do as I bid you, I will absolve you from your Oath. Ego Apostolicus sum, & sifeceris quod ego postulo, ab Houed. Henric. 2. hâc fidei sponsione te absoluam. This was the old practice of abusing Kings. And it was not much to be marveled, if some kings were then blinded, when they were led by such guides. Hoveden doth likewise declare, that the Decrees of that Council of Rheims, were sent to the Emperor Henry. The emperors answer was: Nihil in his se praetermissurum quod sui juris esset, This was Henry the fifth. suorumque sibi contulit antiqua consuetudo progenitorum. That is: [That he would lose no part of that his right, which the ancient custom of his progenitors had conferred upon him.] And afterward, saith Hoveden, other things he granted; Ultimum vero, scilicet Inuestituram rerum Ecclesiasticarum, concedere noluit. [The last thing, that is to say investitures of Ecclesiastical dignities, he would in no case grant.] Then it appeareth that antiquity, custom, and the right of their progenitors stood for the Princes of this age, and against them was nothing but the bare will, and new commandment of the present Popes, herein falling away not only from the ancient use before, but from the sense, knowledge, confession and judgement of the ancient Popes. 65. I stay the longer upon this point, and am more willing to search the truth herein, because it is a matter of especial importance concerning this question of jurisdiction, which we seek to know. For Robert Persons the masked Catholic divine confesseth in effect thus much, that if we can prove that investitures belong to temporal Princes, we have in his judgement questionless obtained the cause for which we strive. Let Answer to the fifth part of Reports, pag. 171. me set down his own words. [Three things, saith he, do concur in making of a Bishop by divine and Canon law, to wit, election, confirmation, and consecration. The first, to wit election, when it is justly made, doth give right to the elected to pretend the second and third, etc. Yet can he not upon his only Election, exercise any part of his office of a Bishop either in jurisdiction or order. But when he hath the second part which is confirmation, and induction to the benefice, which is properly called investiture; then hath he jurisdiction upon those people, and may exercise the Acts thereof by visiting, punishing, or the like: but not the Acts of order, until he have consecration also, that is to say, he cannot make Priests, nor administer the Sacrament of confirmation, etc. And a little after he saith: the second which is confirmation and giving of jurisdiction, must only proceed from him, that is the fountain of all spiritual jurisdiction under Christ, which is the Bishop of Rome, or some Metropolitan or Bishop under him, that hath authority and Commission from him. Thus much the Catholic Divine.] 66. I forgive many particular escapes in this short discourse, not spending time in the examination of by-points, I would meet him there, where he thinketh himself strongest. For where he saith, confirmation, which also he calleth induction, or which properly, as he granteth, may be called investiture, giveth jurisdiction: this we yield. And then here we join issue with old Sir Robert, in that part of his Collection, whereon he layeth his greatest hold; and are content to try the whole The issue of the quest. of investitures. cause thereon: whether investiture, which by his confession, and the doctrine of his Church, and the consent of all, giveth jurisdiction, belong of ancient right to the Pope, or to temporal Princes. If he be able to prove by any ancient, full, clear, unsuspected witness, that the Popes within the space of the first thousand years, or before Hildebrand, either had that right, or did practise, or so much as challenge that right: I will for my part yield the cause, and will confess mine error, if thus much be evidently evicted. But seeing we have proved by undoubted Histories, by the consent of Popes themselves, by the Decrees established in Counsels, that this was an ancient right of temporal Princes, called Prisca consuetudo by Pope Stephen, Antiqua consuetudo by another: that the contrary was never heard of under any Christian Prince, confessed by Gregory the first: Then hath he reason either to yield us the cause wholly, or to revoke his words again, that investiture giveth jurisdiction. 67. Then the right of investitures standing as the ancient right of our Kings, being never questioned in Christendom, before the time of Pope Gregory the seventh, never questioned in this land before the time of Henry the first, that King had reason to plead the use of his father and brother for himself; because it being a thing quietly possessed by them, was, out of doubt, peaceably enjoyed before them, because before them the Popes never made title thereto. Now concerning the tumults, wars, blood, and confusion in Christendom, both in the Church and temporal states, which for this quarrel the Popes procured, for fifty years together, as Malmsbury witnesseth; of this it is not my purpose to speak. It is enough for me to Malmsb. Hen. 1●… open the time when it began, and before which time it was never challenged by any Pope, and to declare that the Pope's late practice is condemned by the judgement of the ancient Church. §. V. Exemption of criminous Clerks. 68 Our purpose being to take a survey of that jurisdiction which we find challenged by Popes, at and somewhat after the time of the Conquest of England, at what time the Pope's power was at the highest: we are to consider in the next place Exemption of criminous Clerks; for as investiture of Bishops began then to be claimed, so about these times crept exemption of the Pope's Clerks, which is taken to be another part of this jurisdiction. My purpose is not to speak of lawful exemption of the Clergy: for both Divine and human laws approve such immunities, without which, how could the Clergy attend upon their heavenly business? These immunities which Emperors and Princes have given to the Church, the Church ought to enjoy without disturbance, and to withdraw such immunities, were high sacrilege and impiety against God and his Church. But the question is not of these immunities which Christian Kings have given to the Church, but of those immunities, which the Pope without the leave or authority of Princes, hath bestowed out of his fullness of power upon the Clergy which live under the government of other Princes, by which the Clergy enjoyed a protection from punishment for any sin: This is the thing for which they are not ashamed to strive even at this day, as earnestly as they did in the midst of blindness. This thing will be better known if we search the original foundation of this error, from the beginning, and the occasion by which it grew in the Church. For now this opinion is, and for some late hundred years hath been so rooted in the Court of Rome (that the Clergy though never so much offending by murder, treason, theft, robberies, or such like, is privileged from all temporal Courts of Princes, and punishment from the Laity, unless first the Church proceed against them, and make them no Clerks) that they are persuaded both of the truth and antiquity hereof, as of a point of faith: the occasion grew thus. 69. The first ancient and famous Emperors did out of their godly and zealous affections: and as we may well judge, upon good reasons to help the Church, and to preserve discipline, join the aid of their coactive laws, to the spiritual censures of the Church: ordaining that whosoever by the governors of the Church could not be brought to obedience and order, should by the severity of temporal punishment be reduced to obedience. The usual punishment which. Emperors did inflict upon Clerks, was deportation: So did Constantine the great punish Eusebius Bishop of Nicomedia, and Theodoret. lib. 1. cap. 20. Theognius Bishop of Nice. And albe it some were threatened Sozomen. lib. 1. cap. 16. with capital punishment, as appeareth by a Letter which Constantine wrote to the Bishops of the Nicen Council, recorded by Socrates, and inserted in the first Tome of Counsels: yet the usual censure of the Emperor was exile. This kind of punishment was often inflicted by other Emperors upon Bishops: the examples are famously known, and acknowledged, I need not to speak of them. Insomuch that it began to be enacted by Emperors to be a law, that all of the Clergy that offended might know their punishment: for that Constantine by whose authority the sixth Synod at Constantinople was held, in a Decree Synod. sexta. action. 18. inserted in that Council, saith: Si quidem Episcopusest, vel Clericus, vel monachico circundatus habitu, deportationis paenam exsoluet. Car●…omannus in a French Synod decreeth imprisonment: Tom. 2. Concil. Si ordinat us presbyter fuerit, duos annos in carcere permaneat. These punishments were inflicted upon such Clerks, as would not be ordered by Ecclesiastical censures of their Bishops; for so Guntranus doth testify, a French King, by whose authority the Council of Matiscan was held: Quicunque Sacerdctum Concil. Matis●…n (saith he in a Writ added to that council) aut saecularium in intention mortifera perdurantes crebrius admoniti, si se emendare neglexerint, etc. alios canonica severitas corrigat, alios ligat●…s paena percellat. And a little after he saith: Conuenit ut iustit●…ae & ●…quitatis in omnibus vigore seruato, distringat legalis ultio judicum, quos non corrigit canonica praedicatio Sacer dotum. 70. Then the ancient practice was, that the temporal Magistrate should punish such as offended of the Clergy, as well as of the Laity. Concerning the antiquity of this exemption of Clerks from temporal Courts: we find no precedent for it, all the while that the Emperors had any government and command in Italy. But when the Pope was able to meet the Palmer. Chron. An. 726. Emperor in battle, and give him the worse, than began the authority of the civil Magistrate to decay in Rome, and fell at Naucler. gener. 25. the last into contempt. And the Pope having cast off the yoke of obedience, which before he held to the Emperor as to his Sovereign, began to take an authority to himself, which neither God nor man had given him. Hence proceeded that usurpation of power to give Laws to other. Pope Nicholas the first, in the eight hundred and threescore year of Christ, writeth in his Epistle to the Emperor Michael, in another style, than his predecessors had used to write to Emperors before. Among other things contained in th' Epistle, whereas the Emperor had written for a Clerk that had offended him, and was fled to the Pope; whom the Emperor required to be sent back again to Constantinople, Pope Nicholas to this maketh this answer. [We have from the great power of Peter and Paul right and Epistol. Nicolai. ad Michael. imperatorem. power to call Clerks from any other Diocese, if we think good, and to invite them to us. This is our right: but Christian Emperors have no right at all to make any inquisition for Monks, unless it be in favour to pity them.] 71. Here we observe the difference between the spirits of Popes in this time, and the spirits of ancient Popes who held the doctrine of obedience, as the Fathers than did, drawing the doctrine from the Scripture and examples of Christ and his Apostles. Christ when he was unjustly condemned, exempted not himself from the punishment of the civil Magistrate, and yet he wanted no power to have done so, if he would. These late Roman counterfeit Catholics, when by their rebellious doctrine and bloody practices, they have justly 〈◊〉 the Magistrate against them, yet forsooth will deny him authority to punish them. Saint Paul teacheth: Let every soul be subject Rom. 13. 1. to the higher powers. S. Peter teacheth the same doctrine, Submit yourselves to all manner ordinance of man. The Fathers 1. Pet. 2. 13. received this doctrine from the Scriptures, and preserved it faithfully in the Church. chrysostom, and after him Oecumenius expounding that place of ' Paul, say thus: Omnem animam Chrysoft. & Oecum. in Epist. ad Rom. 13. 1. instruens, sive Sacerdos sit quispiam, sive monachus, sive Apostolus, ut Magistratibus subdatur: nam haec subiectio non evertit piet●…tem. A learned man of late (which also was Pope) speaking of these words, Omnis anima subdita sic, etc. saith: Nec animam Aenaeus Silvius in gestis con●…il. basilians. Papaeexcipit. So doth God sometimes draw testimonies for the truth, out of the mouths of them that oppugn it. The ancients held this truth up in great sincerity. Gregory Nazianzen saith: Homines cuncti etc. All men are ordered in subjection In orat. ad subdit. et imperat. irasc. under the higher powers. He that saith all men includeth the Pope and his Clerks. Augustine saith: Generale pactum est societatis Lib. 3. cap. 8. confess. humanae obedire gregibus suis. Leo the first saith: Ad imperialem pertinet potestatem v●… perturbatores Ecclesiae, pacis, & Leon. Epist. 80. ad julian. Coens. Episcop. reipub. quae Christianis principibus merito gloriatur, inimici, sollicitius comprimantur. These troublers of the peace of the Church and state, of whom he speaketh were Clergy men. For in that Epistle Leo writeth against certain of the Clergy, who embraced the error of Eutyches. Then in the time of Pope Leo, this was not the doctrine of the Church of Rome, which now these Roman Libertines have brought in. Gregory the first writeth to the same purpose: Potestas super omnes homines dominorum meorum Lib. 2, indict. 11. cap. 100 pietaticaelitus data est, ut qui bona appet●…nt adi●…uentur, ut caelorum via largius pateat, ut terrestre Regnum coelesti Regnofamuletur. In the same Epistle, he induceth Christ thus speaking to the Emperor: Sacerdotes meos tuae manui commisi. Then Gregory knew no other doctrine but that Priests were subject, & by Christ subjecteth to the Magistrate. And whereas the Emperor commanded a law to be executed, which Gregory misliked: he writeth thus to the Emperor. Ego quidem iussioni tuae subiectus eandem Ibidem. legem per diversas terrarum partes transmitti feci: That is, [I being subject to your command, have caused that law to be sent to divers Provinces: but because the law consenteth not with the law of Almighty God, behold I have signified the same by my letters to your most excellent Lordship: so that on both parts I have paid what I ought, for I have yielded obedience to the Emperor, & have not concealed what I thought for God.] Then Gregory knew no exemption, he accounteth himself among them that owe subjection and obedience to Emperors. 72. Concerning the punishment of Heretics & Schismatics that were criminous, there was no other means known in S. Augustine's time, than the coactive power of the civil Magistrate. For thus he saith: Si nec hoc volunt Donatistae, etc. [If the Lib. 1. cap. 6. contra Epist. Parmeniani. Donatists will not grant this power to the Emperor, why do they acknowledge the force of the Laws to be justly executed against other malefactors, and deny the same to be done against heretics and Schismatics, seeing by the Apostolical authority they are all alike numbered with the same fruits of iniquity? Must not these human ordinances regard such things? Why then doth he bear the sword? etc.] Thus saith Augustine: And in the same place he declareth that there is one law imperial general against all that profess themselves Christians, but are not true Catholics, but keep private conventicles, that either he that ordaineth such a Clerk, or the Clerk so ordained, should lose ten pounds of gold, & the place where such conventicles were kept, should be forfeited to the Emperor's Exchequer. And again he saith thus. In E●…angel. joh. tractatu. 2. M●…rantur quia commoventur potestates Christianae adversus detestandos dissipatores Ecclesiae. Si non ergo moverentur, quomodo redderent rationem de Imperio suo, Deo? And much more he saith to this purpose. From these few places of August. we observe: First, that in his time there was no doubt made among Catholics, but that the Magistrate should punish criminous Clarks, by his coacti●…e power. Otherwise they could not tender to God an account of their government: which standeth full against the doctrine of the present court of Rome. 2. That they who first sought privileges & exemptions from the sword of the Magistrate were Donatists. wherein the Court of Rome succeed them, taking other errors from other filthy heretics, and this from the Donatists. 73. This was the ancient Doctrine: but now at Rome they teach the contrary. Bellarmine saith, that such Clerks as are within the Dominions of any King, are not subjects to that King, meaning that they are the Pope's subjects, and therefore not the Kings. He saith also that Clerks owe no obedience to Kings, neither by God's law, nor man's. Non sunt amplius Reges Clericorum superiores, & proinde non tenentur iure▪ Divino, nec humano, Bel●…arm. l. de Clericis. ca 28. eye parere, nisi quantum ad leges directinas. That is [Kings are not now any more Sovereigns of Clerks; and therefore Clerks are not bound to obey them by God's Law or man's law, unless it be in respect of laws directive.] What his meaning is by laws directive, he expoundeth thus: That Princes have no coactive power over the Clergy, but only power directive. If the Prince direct some things for the good of the Commonwealth, Clerks (saith he) are to obey such directions; Ibid. but he addeth: Nec volumus dicere his legibus teneri Clericos obligatione coactiva, sed solum directiva, ut sunt leges principum: quanquam ijsdem legibus, ut ab Eeclesia approbantur, & rataehabentur, etiam coactiva obligatione teneantur. [We grant not, saith he, that Clerks are bound by these laws of Princes, in a bond coactive, but only directive, as they are laws of Princes. Albeit the same Laws being approved and ratified by the Church, bindeth Clerks in a bond coactive.] By this new and admirable doctrine, Princes have no coactive power over their Clergy, but the Church hath coactive power over them: by the Church he meaneth the Pope here: and therefore comparing the laws of Princes with the Pope's Canon laws, he saith; Legi Canonicae etiam in causis criminalibus c●…dere debet lex imperialis. That is, The imperial law ought in matters criminal to Ibid. give place to the Canon law: by which doctrine we find, that they tread the paths, and fill up the measure of their forefathers the old Friars: maintaining that which john Wiclife observeth was first begun by Friars: that the King was not Lord of the Clergy, but the Pope was their Lord. Thus a new King is raised up over the Pope's Clerks, and the Scripture is verified which saith: And they have a King over them, which is the Apoc. 9 11. Angel of the bottomless pit, whose name in Hebrew is Abaddon, and in Greek he is named Apollyon. 74. The Lateran Council was held in the year one thousand, two●…hundred, and fifteen. It is decreed in the same Council, That Heretics being condemned, should be delivered over to the secular power: from which time these pretended privileges have grown so great, and swollen up so big, that not being able to hold together, they are burst in the midst, having drawn upon themselves the just vengeance of God, and of Magistrates, so procuring their own ruin. But because Bellarmine citeth a few testimonies to prove the exemption of Clerks from secular judgements, we may first briefly examine them, and so proceed. He citeth thus; Concil. Ibid. cap. 3. Milevitan. Can. 13. & Matiscon. Can. 8. These places he quoteth, producing no words. He citeth also other places thus: Sulpitius lib. 2. Sacrae histor. refert. ●…. Martinum aliquando dixisse nowm esse & inauditum nefas, ut causam Ecclesiae judex saeculi iudicaret. Item Ambrose Epist. 78. ad Theophilum. et August. Epist. 162. These places are cited or quoted by Bellarmine, barely without the Authors words. We answer in a word: All this toucheth nothing our question, of exempting criminous Clerks from temporal Courts: for these places speak not one word of this thing. 75. The first place, Concil. Milevit. can. 13. to prevent such busy fellows of the Clergy, which carried their causes to Rome (as then some did) ordained, that every Clerk should be governed by his own Superior. What is this to the purpose? This is all which that Canon saith. The next Canon of the Matiscon Council saith, that if one Clerk had a matter against another Clerk, he should not complain to the secular judge, but to the Bishop: This maketh as little to the purpose. Afterward he citeth for exemption from punishment, these places; 〈◊〉 Chalced. can. 9 Si Clericus adversus Clericum habet negotium non relinquat Episcopum suum, & ad saecularia ivaicia non rec●…rrat, etc. Council, Agathens. can. 32. Clericum nullus praesumat apud saecularem judicem, Episcopo non permittente pulsare, etc. Concil. Carthag. 3 can 9 ●…oletan 3. can. 13. Matiscon. cap. 8. These testimonies speak as little for him as the other. The 9 Canon of the Chalced. Council speaketh not of the immunities of criminous Clerks, but only prescribeth how one Clerk should accuse another before the Bishop, and not before the civil judge. And this is the purpose of all the other places cyt●…d out of Concil. Agathens. Cartbag. Toletan, and Matiscon, all speak of one thing: Only here, one part of their known knavery is to be opened: for he citeth Concil. Agathens. can. 32. thus; Clericum nullus praesumat apudsaecularem judicem Episcopo non permittente, pulsare. Mark good Reader a work of darkness, an example of Romish impudence: by true, sound, and unsuspected Records, these privileges which now are in question between us, cannot be proved to have been established of old, or to have any testimony of antiquity, but by virtue of their expurgatoriall tables, they are able to show us this ancient Canon of the Council of Agatha, corrupted by themselves. For the Canon which Bellarmine citeth of this Council, and the masked Romish Catholic Divine taketh from Bellarmine, in some later Editions hath these words as they are cited by him: but in the first incorrupt Edition of Counsels, set forth by Peter Crab, the words of that Canon are thus set down: Clericus nec quenquam praesumat apud saecularem judicem Episcopo non permitente, pulsare. And thus it is read by them that anciently city the same. Now this agreeth well with the ninth Canon of the Chalced Council, which ordaineth that if one Clerk will accuse another, it must be before his Bishop; if he will accuse the Bishop, it must be in a provincial Synod: if he will draw a Metropolitan to answer for some things which he hath done, it must be either before the Primate, or before the Bishop of Constantinople. All this we grant to be orderly established, the things intended are matters of Ecclesiastical Cognisance, which are to be heard in such Courts: but our question is of Clerks that are convinced to be murderers, or Traitors, etc. Whether such are to be exempt from trial at Common Law: Of which exemptions these ancient Bishops never dreamt. 76. It is moreover to be noted, that divers of these places which he citeth, as that from Sulpitius of S. Martin, and from Ambrose, etc. are understood of another thing, and not of exemption of Clerks at all. For the ancient Bishops, as before I have declared, thought it not lawful that matters of faith and doctrine should be determined in civil Courts by civil Magistrates. This is true: and this is that which those testimonies speak of; but what is this to criminous Clarks? that Robbers, Traitors, murderers of the Clergy should be protected by reason of their Order from trial in King's Courts: this is a doctrine never known to the ancients. It was first known in England in the days of Henry the second, stirred seditiously by Thomas Becket Archbishop of Canterbury, when as before that time it was never heard of in this land. The manner hereof I will briefly recite out of Roger Hoveden. 77. In the year of Christ 1163. the contention concerning Hoveden. Henric. 2. exemption of Clerks, grew famous between King Henry the second and Thomas Becket Archbishop: Rex volebat (saith Hoveden) Presbyteros, Diaconos, Subdiaconos, & alios Ecclesiae Thomas Becket stood for this privilege of holy Church, that although one of the Clergy had committed felony, murder or treason, yet might not the King put him to death as he did the Lay-men. Fabian. Part. 7. cap. 237. rectores, si comprehensi fuissent in latrocinio, vel murdra, vel felonia, vel iniqua combustione, vel in his similibus: ducere ad saecularia examina, & punire sic●…t & laicum. Contra quod Archiepiscopus dicebat, quod si Clericus in sacris ordinibus constitutus, vel quilibet alius rector Ecclesiae calumniatus fuerit de aliqua re, per viros Ecclesiasticos & in curia Ecclesiastica debet judicari. Et si conusctus fuerit, ordines suos amittere, & sic al●…enatus ab officio & beneficio Ecclesiastico, si postea forisfecerit, secundum voluntatem Regis & balivorum suorum iudicetur. That is: The King required that Priests, Deacons, Subdeacons', and other Rectors of Churches, if they were taken in murder, robbery, felony, burning of houses, or such like, should be brought to secular Courts, and there punished as Lay-men were. Against this the Archbishop affirmed, that if a Clerk being within holy Orders, or any other Parson of a Church were accused of any thing, he must be judged by Ecclesiastical judges in the Ecclesiastical Court: and if he were convict, he should lose his orders. And so being excluded from office and benefice Ecclesiastical, if after this he incurred the like fault, then might he be judged at the pleasure of the King and his Officers. Thus far Hoveden. 78. This manner of degrading and afterward delivering criminous Clerks to the Secular power, crept in about the time of the Conquest. Bellarmine pretending greater antiquity for it, Bellarm. lib. de Clericis cap. 28. can neither bring reason nor testimony for his opinion. For whereas he saith, Eusebius Bishop of Nicomedia was first deposed Theodoret. lib. 1. cap. 20. by the Nicen Council, and afterward banished by Constantine, by this offering to prove, that they must first be delivered to the Secular power, before the Magistrate may punish, and reproveth Calvin for not considering thus much: We answer, Bellarmine showeth his skill in shifting, and hiding the truth to deceive the simple. For Calvin in that place which he citeth against this Romish immunity, proveth two things. First, that Institut. lib. 4. ca 11. §. 15. coactive power is in the hand of the Prince, and not of the Church. Ecclesia cogendi non habet potestatem, de civili coactione loquor, saith he. Secondly, that criminous Clerks had no immunities from the civil Courts of Princes. Now that Bellarmine saith, Eusebius was first deposed by the Council, and then banished, is nothing against Calvin, but for him. For the Church did not inflict the coactive punishment of banishment, but the Emperor. And Calvin proveth at large in the same place, that Kings and Emperors have no authority to judge in causes of faith; Producing the example of Ambrose, who in such a cause resisted the Emperor Valentinian. Such a cause was that of Eusebius: the Emperor knew not whether he was in fault or not, before the Church had judged the cause. But Caluines judgement, and our question standeth in two things, against which Bellarmine doth not so much as speak one word. First, that coactive power was not then in the Church, but in the Emperor: Secondly, that criminous Clerks were then punished by the Magistrate. Eusebius is not there proposed as a criminous Clerk, but as an example wherein the coactive power of the Magistrate appeared. But now they say, if a Clerk be proved to be a fellow, murderer, traitor, etc. the King's Courts may not censure this man, before he be degraded. Against these immunities we speak, for which Bellarmine offereth not any proof. Let the manner of Bellarmine's answering Bee considered: for it is easy for him thus to answer Calvin, and all Protestants, when he toucheth not the point in question: but singling out of some piece from the whole, wresteth that also from the true intent, that he may shape a misshapen answer to it. Then we say, that before those desperate times, wherein john Wiclife saith, and often affirmeth, that Satan was loosed: no man claimed such a beastly privilege, as to be exempt from the King's Laws for murder, treason and such like. Godliness, reason, and the light of Nature seemeth to be extinguished in these men, that being contented to take the benefit of Laws, will not be contented to be ordered by Laws. This hath forced some Statut. 25. Ed. 3. de provisoribus. Princes and States to ordain Laws that such should be out of the King's protection. Thus did that noble Prince Edward the third, King of England. Wherein the King seemed to open the true way to his successors, to deal with these men, for seeing as then they did, so now they do deny themselves to Bella●…m. lib. de clercis. cap. 28 be the King's subjects; and affirm that neither by Divine nor human right, they are bound to obey the King with his coactive Laws: and that they are only under the subjection of the Pope: that for no crimes they are to be examined in the King's Courts: is it not great reason that the protection of the King, and of his Laws should be denied to them that reject both? 79. Hoveden declareth also, that in the year one thousand Houed. Henry 2. one hundred sixty four, the King called a Synod, and required the Bishops upon their allegiance, to receive his grandfathers Laws, to use and observe them. Thomas Becket answered for him and the rest, they would keep all the Laws of his ancestors: Saluo in omnibus or dine suo, & honore dei, & sa●…cta ecclesi●…. This clause was thought new, scrupulous, and offensive. The King would have him yield without exception, but the Archbishop would not. In this contention Philippus a Legate from the Pope's side, came into England, by him the Pope and all the Cardinals commanded the Archbishop to yield to the King without exception: whereupon he did so, but afterward revolted from that promise. Hence a new contention began: but being again persuaded, he promised obedience to the King's Laws. The King to hold fast this slippery Merchant, required all the Bishops to fet to their approbation, and seals to those Laws. Hereunto when other assented, the Archbishop swore that he would never set his seal to them, nor allow them. Afterward the Archbishop suspended himself from celebrating Mass, and desired to go to Rome, but the King denied him. The Bishop of London accused him of Magic. The King perceiving his rebellious disposition, required the Barons to give judgement of him, that being his subject, would not be ruled by his Laws. Cito facite mihi iustici●…m de illo, qui homo Houed. ibid. meus ligius est, & stare iuri in curia mea recusat. As the Barons were attending this service, and now ready to give sentence: I prohibit you (quoth the Archbishop) in the behalf of Almighty God, to give sentence upon me, for I have appealed to the Pope. And so he departed, Omnibus clamantibus, saith mine Houed. ibid. Author, quo progrederis prodi●…er? exspecta & ●… judicium tuum. The Archbishop after this stole away out of the land, changing his apparel and name, for he called himself Deerman. The Archbishop thus conveying himself out of the land, came to the Pope, and showed him a Copy of these Laws, which the King called his Grandfather's Laws. When the Pope heard them read in the presence of his Cardinals and divers others, he condemned the Laws, and excommunicated all that maintained them. Condemnavit illas in perp●…tuum, & ana●…hematizauit omnes, qui ea●… tenerent, & al●…quo modo faverent, saith Hoveden. 80. Thus did the Popes than stir to advance their spiritual jurisdiction (as they called it) to such an height, that the Kings of the earth, who are set up by God to judge the world, could not execute justice and judgement upon offenders; might not be suffered according to the commandments of God, to take vengeance of murderers, robbers, incendiaries, traitors; might not execute that office, for which only they bear the sword. Now because the devotion, sense, and judgement of all ages, is pretended to be for the Pope's jurisdiction, and against the Kings: let us observe the judgement of the men that lived at this time. We shall find in all this question of jurisdiction, and of these exemptions in particular, that the king was justified and the Archbishop condemned. The King's ancient jurisdiction acknowledged, the Pope's new jurisdiction, and the Archbishop's disobedience disallowed and abhorred of all. For all the Bishops of the Province of Canterbury, wrote a letter to the Archbishop, the letter is extant in Hoveden. Therein they entreat him to yield to the King: they commend the King's care and zeal for the Church. They testify that the king requireth no more of him, than the due honour which his ancestors have always had. Rex a Domino constitutus pacem providet subiectorum Hoveden Annalpag. 292. per omnia, ut ha●…c conser●…et Ecclesijs, & commissis sibi populis, dignitates regibus ante se debitas & exhibitas sibi vult exhiberi & exigit. [The King ordained by God, provideth his subjects peace by all means, that he may preserve this in the Churches, and people under him, he requireth and exacteth that jurisdiction, which was due and exhibited to the Kings which were before him.] They charge him with rashness, and furious anger for suspending and condemning the Bishop of Salisbury and the Dean, before any question of their fault was moved. Ordo iudiciorum nows (say they) hic est, huc usque legibus & eanonibus ut speramus incognitus, damnare primum, & d●… culpa postremo cognoscere. [this is a new proceeding of judgements, and as we hope unknown in Laws and Canons to this day; first to condemn a man, and last of all to know the fault.] 81. And that the justification of the King in this cause, and the condemnation of the Archbishop might be made more evident to all the world; the same Suffragans, that is, all the Bishops of the Province of Canterbury, wrote to Pope Alexander the third, to whom they give a worthy & famous testimony of the King's justice, temperance, and chastity: declaring that the King could not be suffered to execute his Princely office, nor effect his good and godly purposes in execution of justice, for the filthiness of some of the Clergy. Rex (say they) fide Christian ssimus, in copula ●…oiugalis castimonij honestissimus, pacis & justiciae cōse●…uator & dilata●…or incomparabiliter strenuissimus, hoc vo●… is agit totis, in his feruet desiderijs, ut de regno suo tollantur scandala, cūspurci●…ijs suis eliminentur peccata, pax totum obtineat atque justitia etc. Qui cum pacem regnisui enormi insolentium quorundam Clericorum excessu, non medio●…riter turbari cognosceret etc. That is, [The King in faith most Christian, in the bond of matrimonial chastity most honest, for preservation and dilatation of peace and justice, without comparison the stoutest, doth with great zeal and affections desire this, that scandals may be removed out of his Kingdom, that sins with their filth may be banished, etc. and finding the peace of his Kingdom not a little troubled with the enormous excess of some insolent Clerks, etc.] And thus they proceed, declaring wherein those strange exemptions stood, which then began first to be known in the world. For, say they, if a Clerk should commit murder, etc. the Archbishop would have him punished only by degrading, but the King thought that punishment not sufficient for establishing of peace and order, and for execution of justice. Hi●… non dominationis ambit●…, non opprimendae Ecclesia libertatis intuit●…, sed solummodo pacis affectu eò Rex progressus est, ut regni sui consuetudines regibus ante se in regno Angliae à personis Ecclesiasticis obseruatas, & pacificè & reverenter exhibitas Dominus noster Rex deduci vellet in medium. That is, [Hereupon not through ambition of Domination, not with any purpose to oppress the liberties of the Church, but only in a zeal of peace the King proceedeth thus far, as that he will have the customs of his Kingdom now brought to open knowledge, which Ecclesiastical persons have observed, and peaceably and reverently exhibited unto the Kings of the kingdom of England before him.] And a little after, Haec est Domini nostri regis in Ecclesiam Dei toto orb declamata crudelitas, hac ab eo persecutio. That is [Now this is the cruelty of our Lord the King, that is so much spoken of through the world against the Church; this is that persecution that he raiseth.] Then it is an ancient complaint of these Romish Catholics, to call the just, lawful, godly, and necessary execution of justice, cruelty and persecution: this complaint hath been ever since continued by them; and most of all where there is least cause, even in the mild and merciful government of the late Queen of famous memory. What cruelty did they impute to her? What persecution to her Government? When they are not able to prove that one man was executed for Religion, but for treason: Which was so much the more dangerous, because it was masked with the vizard of Religion: but Religion is not, nor ever was the cause why our Kings punished the Pope's Clerks, but only jurisdiction. For when the Pope will stretch his jurisdiction so far, as to include coactive power, and to exclude Kings from the government of their Subjects, drawing the Clergy from the obedience of their Kings, to the obedience and subjection of the Pope; drawing the subjects of other Kings under his subjection by an Oath of Allegiance: and hereupon persuading all that will hearken to him, that they may not yield an Oath of Allegiance to their own Princes: the Pope's jurisdiction being drawn to these points (as now by the confession of themselves they are) the question between the Pope and Christian The issue of exemptions. Princes, is not of Religion, but of jurisdiction, of civil and coactive jurisdiction; and the sum of all is this; Whether the Princes of Christendom shall be free Princes, or the Pope's Vassals? 82. By this which we have declared, we see the cause of our Kings justified against the Archbishop, and the exemption of Clerks (for which the Archbishop strove, and which since that time is claimed to be an especial privilege of that Church) to be condemned by the chief of the Clergy, by all the Bishops of that Province: and that even to the Pope himself. Which thing the Bishops of the English Church would never have done, unless they had been well assured that the King's cause was good, and that the contrary opinion was a pernicious novelty, a late upstart device in the Church. But howsoever the Pope's Clerks pretended their new forged privileges, yet the Kings of this land held still their old course in the ancient manner of execution of justice against them that offended. And therefore Henry the second by law commanded, R●…g. Houed. H●…nr. 2. as Hoveden saith, that the Bishops of London and Norwich should be summoned, that they might be before the King's justices to answer, for that they against the statutes of the kingdom did interdict the land of the Earl Hugh 83. This exemption of Clarks was a new practice in the time of Marsilius of Padua, and not so new as pestiferous, occasioning the ruin of States, and being as a fury sent abroad from hell to disorder all government. For thus he complaineth of it. Quibus non contenti, sed saecularium contra Christi & Apostolorum praeceptum, appetentes fastigia, in legum Lationes seorsum ab iis Defensor pacis part. 2. cap. 23. quae Civium universitatis sunt, proruperuut. Omnem clerum ab his decernentes exemptum, civil s●…hisma & principatuum supremorum pluralitat●…m inducentes ex ipsis, etc. Haec pestilentiae Italici regni radix est & origo, ex qua cuncta scandala germinaverunt, prodeunt, & qua stante nunquam civiles ibidem cessabunt discordiae, etc. That is, [Not content herewith they (the Popes) seeking the honour of secular government, against the commandment of Christ and his Apostles, have taken upon them the ordaining of Laws and Canons, other than such as serve for the common good. They decree that all the Clergy are exempt from temporal Princes, hereby inducing a plurality of Sovereignties, etc. This is the root and spring of the pestilence of the Empire, from whence all scandals grow, and which standing, civil discord shall never have an end, etc.] Thus were these exemptions then found, and acknowledged to be the pestilence and ruin of all states, especially of the Empire: And his reason is well to be observed, because, saith he, it bringeth in Pluralitatem supremorum principatuum, quam velut impossibilem humanae quieti demonstravimus: he proveth the plurality of Sovereignty a thing impossible to stand with the quiet and peaceable Government of the world. Now this exemption must either induce a plurality of Sovereignties, when the Pope is one Sovereign, and the Prince another, which is impossible in nature (saith Marsilius) or else it denieth the King's Sovereignty to establish the Popes, which thing can never be endured by any Prince. §. VI Of the Pope's power in giving laws. 84. ANother thing whereby this new jurisdiction of the Pope was so highly advanced, was, giving of Laws to Princes, and their subjects; whereas before Princes had given laws to him. Marsilius in the words last cited in the end of the last paragraph, speaking of these laws, saith: They now break out into a practice of jurisdiction, taking upon them to make laws, separate and distinct from such laws, as are for the common and public good of all: meaning the Canon laws: which because they intent only the private advancement of the Pope, and not the public good of the Church: being also made only by the authority of the Pope, and not by the public consent of the Church: therefore he doth not account them laws, but oligarchical, and tyrannical Decrees; these laws are to be considered, because they make so great a show of the Pope's jurisdiction. 85. The Church before, was governed by Bishops and metropolitans, in such order, that the affairs of every particular Diocese were ordered by the Bishop, or by a Synod of his calling: the affairs of the Province were determined by the Metropolitan, or by a Provincial Synod of his calling: from an Episcopal Synod, a man might appeal to a provincial Synod; and from a Provincial Synod, to a national: but from a provincial or from a national Synod, none might appeal to the Bishop of Rome for which thing divers Decrees were made in provincial Synods, as we have before declared. As the Bishops were Governors, so the laws whereby they did then govern the Church, were the Canons of ancient Counsels; especially of those four most famous Counsels of Nice, Constantinople, Ephesus, and Chalcedon: For that the Canons of these Counsels were held for the laws of the Constitutio justiniani quint. Synod. act. 1. Church, it appeareth by a Constitution of justinian, extant in the fifth Synod, held at Constantinople: wherein justinian the Memnae Patriarchae. Emperor declareth that A●…thimus was deposed from the Bishopric of Constantinople by Pope Agapetus, and a whole Synod with him consenting, for that he had departed from the doctrines of those four holy Synods, the Nicen, the Constantinopolitan, the Ephesian, and the Chalcedonian: The Emperor also declareth, that he being deposed by the Church, should be banished by him, joining his coactive power to the spiritual jurisdiction of the Church. This is the meaning of the imperial Constitutions that are in this manner set forth by Emperors of religions and doctrinal matters: For the Emperors never took upon them by their authority to define matters of faith and Religion; that they left to the Church: but when the Church had defined such truths against Heretics, and had deposed those Heretics; then the emperors concurring with the Church by their imperial Constitutions, (Sicque Divina 〈◊〉 & ●…umana concurrentia (saith justinian in the same place) unam consonantiam rectis sententijs fecere:) did by their coactive power give strength to the Canons of the Church: A●…d thus was the Church then governed, by the Canons of ancient approved Synods for matters of faith and doctrine; and by the Constitutions of Christian Princes for matters of external coactive jurisdiction. That Constantine by whose 6. Synod. subscriptio sacrae. ante action. 1. authority the sixth Synod was held at Constantinople, declareth that the Canons of the five general Counsels (adding this second Constantinopolitan, to the other ●…ouce) were the rules or Canons of the Church. 86. So long as those Canons of ancient Counsels stood for Church laws, executed by the Bishops who were the Governors, so long the Government of the Church stood up in peace, order and Godliness; one Bishop encroached not upon the jurisdiction of another: But after that the Pope had intruded upon the jurisdiction of the Church, and was grown so great as that by coactive power he was able to maintain his intrusion: then began he to give laws, such as are comprised in the Decretals of Gregory the ninth, who was Pope in the year one thousand, two hundred and thirty, the first publisher of those laws, which were continued by 〈◊〉 the eight▪ 〈◊〉 fifth, john the two and twentieth, 〈◊〉 by some other Popes unto the year one thousand, four hundred and eighty, for than lived Sixtus the fourth, whose Decrees are published in that part that is called extra●…. Commun. since which times those laws have been in some force in divers nations, where they did not cross the imperial laws of those nations, nor the jurisdiction of the Kings thereof. Now seeing that the Pope's jurisdiction is so much set forth and advanced by these Canon laws, let us in few words examine how he came to this jurisdiction to give laws, and by what right he maintaineth it. If any man have right to make and give laws, this right must either be from God given him, or from men, who have had this right before in themselves; for every man cannot give this right, but only such as have it, and have power to give it: But the Pope received not this right of giving laws to all Churches from God; for God hath no where given any such Commission to him. The ancient Bishops of Rome, either did not claim any such jurisdiction, or if any were carried by levity, and ambition out of their bounds, they were presently recalled and repressed by the godly Bishops of that age: As Anicet was by Polyc●…rp, Victor by 〈◊〉, Poly●…rates and the other Bishops of Asia, Zozimus, Boniface, and 〈◊〉 by S. Augustine and the African Bishops: so that the Bishops of Rome could never be suffered to make laws to the Church, for one thousand, or twelve hundred years after Christ: therefore this right was not from Christ. 87. For if it had been from Christ, then should the Pope have been suffered to have practised the same, before twelve hundredth years were expired. For the godly ancient Fathers did never withstand the Bishop of Rome, in any jurisdiction which he could claim from Christ. But in this thing it is known that they withstood him: therefore this jurisdiction whereunto after so many hundredth years, he intruded himself, against the judgement of the ancient Fathers (who resisted him herein) is not from God. Neither can this right be claimed from man, because they who challenge it, will have it to be a divine right, not human. And they quarrel us for that we admit, that temporal Princes may have such jurisdiction: so that they utterly deny that this jurisdiction is derived from any human power. Now he 〈◊〉 to execute jurisdiction which is neither given him from God, nor man: must needs be convinced to be an intruder, and to come in his own name, and consequently to fulfil that Scripture: I came in my Father's john. 5. 43. name, and you receive me not. If another shall come in his own name, him you will receive. Which the ancient Fathers expound of the coming of Antichrist in his own name. And what more pregnant proof can be brought of this his coming in his own name, then is this intruding himself into a jurisdiction, which he had neither from God, nor from the Princes of this world. And because the Pope after one thousand and two hundred years, had no more right to give Laws to the Church, then in former ages he had; therefore this jurisdiction is unlawful, which by these Laws he practiseth. Wherein only defacto, he is found to do that, whereunto he never had right. 88 Moreover, if Bellarmine have declared the true conditions of just and lawful Laws, it will follow that the Canon Laws are no just Laws. Bellarmine confesseth that four conditions Bellarm. lib. 4. cap. 15. de Rom. Pont. are required in a Law, to make it just: the first is drawn from the end, for it must be referred to the common good: for herein saith Aristotle, a King differeth from a tyrant; because a Arift. Ethic. lib. 8. cap 10. King respecteth the common good of his subjects, but a tyrant looketh only upon his own private profit: and thus saith Bellarmine doth a just Law differ from a tyrannical Law. Then are the Pope's Canon Laws proved tyrannical and unjust, because they respect not the common good, but the private wealth of the Pope, as all those do that draw all appellations to him. The second condition, which in Bellarmine's judgement maketh a Law just, is drawn from the efficient. For it must be from a man that hath full authority. Nemo enim potest legem imponere B●…llar. ibid. ●…nsibi subdi●…o, saith he. By this it will likewise follow, that the Pope's Canons are no just Laws, because the Pope hath no authority to make such Canons, binding them that are not his subjects, as we have declared before. The third condition that maketh a Law just, is drawn from the matter, saith 〈◊〉, for it must not forbid virtue, nor command vice: but the Canon Laws are such as forbid virtue and command vice; as appeareth by all those Canons that proceed with their non obstante. I will note one example of many. There is a Canon that runneth thus. Quum aliquibus recipiendi aliquem in Canonicum De Rescriptis. cap. 14. 6. Decreta. lib. 1. alicuius Ecclesiae, non obstantibus ciusdem Ecclesiae, privilegijs, consuetudinibus, vel statutis ●…uramento, confirmatione Apostolica, vel quacunque firmitate alia roboratis, per nostras literas concedimus facultatem, etc. That is: When we grant power to any by our letters to receive any to be a Canon in some Church, notwithstanding the privileges of that Church, the customs to the contrary, or statutes confirmed either by Oath, or by Apostolical confirmation, or by any other strength, etc. By this Law, as by many other, it appeareth, that the Pope's Canons allow that men should go against their own Oaths when the Pope's letters do command them so to do. Which is a forbidding of things honest, just, and godly, and commanding things evil and unlawful. Therefore these Laws forbid virtue, and command vice, and are consequently no just Laws in the judgement of Bellarmine. 89. The last condition that in Bellarmine's opinion is required to make a Law just, is drawn from the form: Because saith he, the Law must keep that proportion in distributing honours, which the Subjects have in the Commonwealth. For example saith he, if the Pope should make a Law, that only rich and noble men should be made Bishops, and not poor and mean men otherwise more learned and more worthy, this Law were simply unjust: but it is certain that the Pope's Laws are such. I speak not here of their corrupt practice, which since the Canon laws came in, was never found without strong and strange Simony: but I speak of their Laws, which command it. For who made that Law which saith, Pallium non datur nisi Dist. 100 cap. 2. fortiter postula●…i: The Pall is not given to any man, unless he make a strong suit. What is meant by a strong suit, they know best that have purchased Palls at the Pope's hand. But it is certain that a poor man did never purchase a Pall, therefore poor men, though more learned than the rich purchaser, are excluded from this honour by the Law, that alloweth none to make suit, but such as can make strong suit, than the Law is unjust by Bellarmine's confession. It is also an unjust and an ungodly Dist. 40 Simo Papa. Law, which saith: Though the Pope should draw innumerable souls with himself down into hell, yet no mortal man may presume to say to him, Sir why do you so? It is an unclean Law, which so strictly denying the marriage of Priests, yet doth allow them to have Concubines. Many other Laws there be Dist. 34. cap. 4. of this form. So that by all those conditions which Bellarmine will have to be requisite in all Laws that be just, the Pope's Law●…s are found to be unjust. By all which is evinced, that the Pope cometh in his own name, maketh Laws to rule those Subjects, over whom he hath no authority; respecteth therein his own ends, taketh up a new jurisdiction which hath been denied by the ancient Bishops, and which was unknown in the world all the while, that the Popes lived under the obedience of the Emperors, as other Bishops did under several Princes. § 7. Of Appellation. 90. ANother part of this pretended jurisdiction, stood in appellation to the Pope. This they have challenged, but it hath always been denied by the Kings of this land, as being a thing prejudicial to the ancient Laws and customs of the Kingdom. The first question about appeals in this land, that I can find, began by Anselm Archbishop of Canterbury, in the time of William Rufus. For after that some breach was made between the King and the Archbishop, the Archbishop Anselm desired leave to depart the land, to go to Rome for his Pall. The King perceiving that he had a purpose to appeal to the Pope, Answered, That if he should appeal to Pope Vrban, or any other (for at that time two strove for the Papacy) without his leave, than should he falsify his allegiance. The King reasoned thus, saith Malmsbury: Malmsbury. lib. 1. de geftiss P●…ntif. Angl. Consuetudo Reg●…imes est, à Patre meo instituta, ut nullus praeter licentiam Regis appelletur Papa. Qui consuetu●…ines Regnitollit, potestatem quoque & toronam Regni violate, qui coronam mihi aufert, inimicitias & infidelitatem in me agit. For there was contention between the King & the Archbishop: First, because the Archbishop would nominate a Pope without the King's leave, Secondly, because he would appeal to the Pope. Concerning this matter of appeal, the same Author a little after declareth that there grew an hot contention between them. Anselm his answer was, Tues Petrus & super hanc Petram, etc. And therefore (quoth he to the King) the obedience which I offer to S. Peter's Vicar, is not against mine allegiance to the King. Thus had the Popes with a strong kind of poison, as it were so enchanted those words of holy Scripture, as to make them serve for a cloak of disobedience, and breach of allegiance to temporal Princes. Anselm being further urged by the King, that he had promised to keep all the customs of his kingdom, and he was bound to perform allegiance, answereth thus. [What Malmsb. ibid. do you tell me that I break mine allegiance to the King, by appealing to the Sea Apostolic? I grant I promised, but conditionally, that I would keep those customs which are agreeable to the laws of God, and honesty. And therefore where you Quod dicis me fidem excedere quod praevaricatis consuetudinibus tuis sedem appello Apostolicam. etc. tell me that I have broken mine allegiance, by prevaricating your laws in appealing to the Sea Apostolic; saving your honour it is not true, if another had spoken it. For the faith which jowe to the King, I have it from the faith of God, whose Vicar is S. Peter, to whose Sea I appeal: with much stir and strife to this effect Anselm held his resolution stiffly.] 91. Now let the Reader be entreated to compare these times with the times of the African Council, and Anselm Archbishop of Canterbury with Augustine Bishop of Hippo. S. Augustine with the rest of the African Council condemned appellations to Rome, as standing against godliness, order, the freedom of the Church; as quenching the light of simplicity, as inducing darkness, pride and ambition into the Church. Now that which in Saint Augustine's time was ungodly, can it be made godly, and lawful in Anselmes time? Yet Anselm we see maketh this thing the cause of God. Augustine condemned appellations to Rome simply, without consideration of disobedience to Princes. What then would he have done, if thereunto had been added the commandment of his Prince against such Appellations? Anselm standing for Appellation to Rome, which Augustine denied, and withstanding the just and 〈◊〉 commandment of his Sovereign, hath no other co●… to cast over the matter, than the pretence of God and Saint Peter's Vicar. If this obedience had been required of God to Saint Peter's Vicar in Anselmes time, Why was not the same required and yielded in Saint Augustine's time? This is the difference between the opinions brought in by men, and the truths of God: that the one standeth always the same in the Church without change, the other hath his times of rising and falling, as this opinion of Appellation to the Pope, which was so strongly rejected by Augustine, found a time to rise up between the pride of the Popes, and the servile flattery of some Bishops. And what greater sign of pride in the Pope, and flattery in his servants, then to resume these old condemned privileges, and therewithal to patch yp a jurisdiction standing so directly against the judgement and practice of the ancient godly Fathers? 92. And yet was Anselm as resolute in this, as Augustine was in the contrary: But herein a great difference appeared (which might much sway the judgement of indifferent readers, if there were no other means to inform them) that Saint Augustine standing against appellations to Rome, had herein the full consent of all his fellow Bishops, not one dissenting. But Anselm standing for appellations to Rome, stood alone without the consent of so much as one Bishop: which thing I report for the honour of the Church of England, and of all the Bishops of England at this time; who herein resisted their Archbishop, standing for the ancient liberties of the Church. William Malmsburie witnesseth thus much: In his exequendis (saith he) omnes Episcopi Angliae Primati suo suffragium negarunt. That is, [In the execution of these things, all the Bishops of Malmsb. ibid. England denied their consent to their Primate.] This showeth that archbishops were made the Pope's servants before Bishops were: the reason was, because the archbishops used to purchase a Pall from the Pope, which Pall Anselm had not yet at this time of his variance with the King, obtained; for Malmsbury saith, he first asked leave to go to Rome for the Pall. Now the Pope in granting the Pall conveyed an Oath of Allegiance with it, as before we have observed, which was the reason that moved our Archbishopps to stir such rebellious tumults against the Kings of this land: Such was this faction which Anselm maintained for the Pope against the King, wherein he was condemned by all the Bishops of England in the question of Appellation, as Thomas Becket was after this time condemned by all the Bishops in like sort, in the question of investitures. 93. And therefore Henry the second had just cause to publish that law which Roger Hoveden calleth grave edictum & execrabile, against the Pope, beginning, Si quis inventus fuerit literas Houed. Henr. 2. vel mandatum ferens Domini Papae etc. capiatur, & de eo sicut de regis traditore & regui, sive dilatione fiat justicia. That is [If any be found bringing in the Pope's Letters or Mandate, etc. let him be apprehended, and let justice be executed without delay upon him, as upon a traitor to the King and Kingdom.] In the same law it is said; Item generaliter interdictum est, ne quis appellet ad Dominum Papam. That is [It is simply by law prohibited, that no man appeal to the Pope.] This was not a new law now invented by Henry the second, but an ancient law now renewed, and upon a just occasion put in execution: for William Rufus, as before we have declared, urged this law against Anselm, proving it to be one of his Father's laws, and averring that such appeals did stand against the ancient laws and customs of his Kingdom; so that the King's jurisdiction in such matters, was maintained by the ancient laws of this land. 94. But because the antiquity of the laws of our land is questioned by our adversaries, though this thing belong not to my profession, yet let me in a few words declare what I have met with in Stories concerning this point: that it may appear, that the laws of this land are much more ancient, than that Religion which now is called the Religion of the Church of Rome. King William Rufus the conquerors son, declareth as Malmsbury witnesseth, that it was a custom of this kingdom Malmsb. l. de gestis Pontif. Ang or. confirmed by his father, that without the King's licence no man might appeal to the Pope. Now these laws and customs which William the Conqueror did publish and confirm, were the ancient laws and customs of the Saxons before him: not first invented by the Conqueror, though enacted and established Hoveden. Hen. 2. by him. For Roger Hoveden writing of these laws which the Conqueror enacted, saith, that the King being once in mind to establish the laws of the Danes, was after much and earnest entreaty of the Barons, persuaded to yield that the laws of King Edward the Confessor, should be retained still. The Barons (saith Hoveden) urged the King, Pro anima regis Eduardi, qui et post diem suum concesserat coronam & regnum, & cuius erant Leges: Unde Concilio habito praecatui Baronum tandem acquievit, ex illa ergo die visa authoritate veneratae per universam Angliam corroboratae & confirmatae sunt prae caeteris patriae legibus Pro visa authoritate, legendum fortasse, sua authoritate. leges Eduardiregis; quae prius inventae & Constitutae erant in tempore Adgari avi sui. [For King Edward's soul, who bequeathed him his Crown and Kingdom after his death: and whose laws they were: whereupon holding a Parliament, he yielded at last to the Baron's request: from that day forward the laws of King Edward were by his authority honoured, established, and confirmed through all England; which laws were before found out, and enacted in the time of Edgar, Grandfather to King Edward.] After this, Hoveden entereth into a large discourse to prove, that the laws which the Conqueror established, were King Edward's laws, which laws, saith he, were called King Edward's laws, not because he invented them first, but because after they had been buried in some neglect, lying unregarded and not put in due execution for the space of three score and eight years after Edgar's death (for so many years are between King Edgar's death, and S. Edward's Coronation) he revived them: And thus much he confirmeth that the laws established by the Conqueror, were S. Edward's laws, and the same which were in use here in the days of that peaceable King Edgar. And it is not without good reason collected, that the same laws proceeded from King Alphred: for he, like another justinian is reported to have compiled certain volumes of Balaeus. Cent. 2. laws, not only from the laws of the Britain's, Saxons, and Danes, but also of the ancient Grecians and other: Besides that he translated into the Saxon tongue those laws, which were called the Molmucin laws, and also the Martia●… laws, the one of Dunwallo Molmucius an ancient British King, the other so named of Martia Proba an ancient British Queen. And that William the Conqueror established the Saxon laws, it is likewise testified by Henry Huntingdon, who saith thus: saxons pro viribus paulatim terram bello capessentes, captam obtivebant, obtentam aedificabant, aedificatam legibus regebant: Ne non & Normanici cito & breviter terram subdentes sibi, victis vitam & libertatem legesque antiquas regni iure concesserunt. [The Saxons by a strong hand overcame the land in time by war, built as they over came, and as they built governed it by laws: The Normans also quickly subduing the land under them, yet granted by the right of the Kingdom, lise and liberty, and the ancient laws to them whom they subdued.] 95. Then whereas William Rufus maintained the laws and customs of his father, against the Pope, and Henry the first the laws and customs of his brother and father, and Henry the second, the laws and customs of the Kingdom, used by his Grandfather Henry the first, or any other afterward referring themselves to the same laws: the laws and customs of which they speak, are the ancient laws and privileges of this land, confirmed by the Conqueror, received from King Edward, proceeding from King Edgar, and before him from King Alphred: And are therefore of much greater antiquity, than the Popish Religion lately concluded in the Council of Trent, as many parts of that Religion were. Then it appeareth that the ancient laws of this land did forbid an appeal to Rome: neither is that to be much marveled; for why should it be thought strange, that an appeal to Rome was utterly forbidden by the Church and State of England, seeing long before that time we find the same thing forbidden by the Church of Africa. After this time wherein Appeals to Rome were forbidden in England, we find that in France the same thing was prohibited by the law which the French call the pragmatical Sanction: for in the year one thousand, two hundred, threescore and eight, jews the ninth French King, called S. jews, ordained the pragmatical Sanction, wherein all the oppressions of the Church of Rome are utterly forbidden, that none of those things be practised in France, unless it be by the express and free consent of the King, and Church of that Kingdom. Thus have Kings always prescribed against the Pope in matters of jurisdiction, as the Church in like sort hath prescribed against the Pope, in matters of faith and Religion, as hereafter in the last Chapter shall be declared. §. VIII. Of deposing and depriving Kings, and dissolving the Oath of Allegiance, wherein consisted the highest pitch of this pretended jurisdiction. 96. THE last and greatest point of this jurisdiction, wherein the strings of this authority were stretched up to the highest, was that their practice of Deposing Kings, and discharging Subjects from their Allegiance: By which practice the Church was confounded, the States of the world overturned, Kings robbed of their right, subjects of their faith and truth, every nation scourged with wars and bloodshed: and in the common vexation of all Christendom, only the Pope's state, and worldly glory increased, who could not otherwise rise, but with the ruin of the Church and States. In this place therefore I will, as briefly as I can, pass through by way of short History, the practice of the Popes, in deposing of Kings. That it may be apparent to the world, that we are so far from being afraid to confess this power, which they so much boast of; that we are rather ready to publish it to the world. For hereby all men which have any understanding of that power which jesus Christ left to his Church, may know the Tyranny, usurpation, pride, vainglory, ambition, and madness of him who exalteth himself in the Church against God, and against them that are called Gods. Wherein we may learn to be armed with patience to suffer for a time, whatsoever the lust of proud and bloodsucking Popes have leave to do for the sins of our Princes, and people, and Churches. For their time is set and drawing to an end, and nothing hath been done, but that which is forewarned in the Scripture. So that by these ambitious and bloody practices, we shall find how the Scriptures are fulfilled. 97. For one Scripture saith, that a star must fall from heaven, Apoc. 9 1. 11. who must be a King of the Locusts, which is called also the Angel of the bottomless pit, whose name in Hebrew is Abaddon, and in Greek Apollyon, that is a destroyer. Which prophesy of his destroying power, is verified most apparently in this practice of excommunicating Kings, and losing the knot of obedience. Whereby confusion and destruction is brought upon all Kingdoms of Christendom. Hereby he is proved to be a destroyer, an exterminator, an excommunicator. Therefore the vulgar translation addeth significantly, Latin habens nomen exterminans. Another Scripture saith: The ten Kings Apoc. 17, 13. shall give their power and authority to the beast. Though the Kings of Christendom did never directly yield to the Pope this authority over their own Kingdoms, and over themselves, that the Popes might depose and displace them at his pleasure: yet this they gave him in effect, and by consequence. For they gave him so much, that he might upon their own grant challenge this, and they who had granted him so much, had no reason to except against his challenge. For though the King which was to be deprived, denied the Pope this power, yet such Princes did yield it to him, to whom the Pope had given the Kingdom of the deposed Prince: he did yield it, who should use the benefit of the Pope's usurped power. For example: though the late Kings of France have always denied, that the Pope had any Authority to depose the French Kings, yet the Kings of France have given him this power. For the former Kings yielded it, as Pipin, and Charles. For they had no other title to the Kingdom, then from this power of the Pope. Therefore they yielded that the Pope had power and authority to give Kingdoms, and in that sense gave their power and authority to the beast. So that when these first French King's, honoured the Pope with this undue honour, though then they seemed to receive Kingdoms from him, yet the Scripture looketh farther into these practices, than they did which practised them. For they respected only themselves, their own present greatness: but in receiving such power from the Popes, they gave, in truth, their power and authority to the Popes. For how could they in justice deny, but that the same power which deposed other Kings to raise them, might as well have deposed them to raise other. Thus most of the Kings of Christendom gave their kingdoms to the Popes. That this new and strange power of Antichrist may better appear, I will open the beginning and continuance of the Pope's practice herein. Leo Iconomachus. 98. THe first Prince upon whom the Pope began this practice, was Leo the Emperor, whom Platina calleth Leo the third, he was called Iconomachus for defacing of Images. This Prince was deposed by Gregory the third, who was Pope in the year seven hundred ninety six. Pope Gregory the second prepared the way thus. When Leo the Emperor being much offended at the superstitious and foul abuse of Images, which he saw daily then growing in the Church, did utterly deface Images in Churches, and commanded Pope Gregory the second, than Bishop of Rome to do the like, the Pope took Nau●…l. vol. 2. generat. 25. his advise in such indignation, that he raised all Italy in rebellion against him. So the Emperor lost his hold in Italy, and a number of little States were raised in Italy, every City striving to make itself a free State. Gregory the second having done thus much died, and left the place to Gregory the third, who P●…at. Gregor. 3. Onuphr. succeeded him. This Pope as soon as ever he was chosen, by the consent of the Roman Clergy, deprived Leo the third Emperor, from the Empire, and from the communion of the faithful, for the same cause: to wit, for defacing Images which were set up in Churches to be worshipped. This was the ground of the Pope's proceeding against the Emperor, which is to be observed. By this we see the state of Rome clean changed, for whereas the Emperors at the first were persecutors, and the Bishops of Rome were such as suffered for righteousness: Now had they changed places, for the Popes were become persecutors, and the Emperors were such as suffered for righteousness. For what was the Emperor Leo his fault in breaking down and defacing Images, after that he found that divine worship was exhibited to them, other then that so much commended zeal of Ezekias in breaking down the brazen Serpent? so that if we look upon this fact of the Emperor (which was the occasion why the Popes so proceeded against him) there can nothing appear but the Pope's persecution, and the emperors suffering for righteousness. Pope Gregory the third, after this called a Synod in Rome, wherein the worship of Images Platin. Greg. 3. Onuphr. annot. ibid. was established, and all excommunicated that held the contrary. All Italy, saith Onuphrius, fell away from the obedience of Leo the Emperor, with the City of Rome, and other Western parts of the Empire, which were before subject to the Emperor, excepting Sicily, and a part of Liguria, and a little corner of Calabria. All this the Emperor lost at once by the practice of Popes. 99 Now because we consider these beginnings of the Pope's persecutions, (for he began with the Emperor, whom thus he drived out of Italy, putting him from all government in Rome, and after took up his place and government) let us here remember an ancient tradition of the ancient Fathers, who wrote before these times with freedom. For they are all resolved upon this, as upon an Apostolical tradition, that Antichrist must drive the Emperor out of the government of Rome and Italy, and take up his place and seat. Tertullian doth Tertull. lib. 3. contra Martion. Lib. de resurr. carnis. often repeat this sentence, Romanus status cedet Antichristo. That is: [The Roman Empire must give place to Antichrist.] And in another place he saith: Qui nunc tenet teneat, donec de medio fiat. Quis? nisi Romanus status. That is: [He that now withholdeth, shall withhold till he be taken out of the way: Who is that? the Roman Empire.] And upon those words of the Apostle: [He that now withholdeth, shall withhold until 2. Thess. 2. 7. he be taken away:] The ancient Father's writing, do with an admirable consent agree upon this, that the thing which the Apostle saith, did withhold, and should withhold for a time, was the Roman Empire. For the Empire of Antichrist must be raised up in the same place, where that Empire stood that is in Rome. And therefore Jerome writing of those words of the Apostle, except there come a departing first, & that that man be disclosed: saith, Nisi venerit discessio primum, ut omnes gentes Hieronim. Ad Algasiam. quae Romano Imperio subjacent, recedant abeiss. That is: [Unless a departing first come, that all the Nations which now are subject to the Empire of Rome, may depart from that subjection.] Therefore he saith, that the Apostle left this tradition which he thought not good to commit to writing. Remember you not that when I was with you, I told you of these things, saith the Apostle. If any man ask why the Apostle thought good rather to commit this thing to their memory, then to writing: to this the same Author Saint Jerome answereth in the same place: Si apertè audacterque dixisset, non veniet Antichristus, nisi prius Romanum deleatur Imperium, justa causa persecutionis in orientem tunc Ecclesiam consurgere videbatur. That is: [If Saint Paul had said plainly and boldly, Antichrist shall not come, unless the Roman Empire be first destroyed, this might have ministered a just cause of persecution to the Church then rising.] Then the Apostle would not speak this thing directly for fear of drawing a persecution upon the Church, but committed it to their memories: Remember you not that when I was yet with you, I told you? If any man demand this question; why then, do you admit some Apostolical traditions? I answer. 100 Let these two limitations be remembered, and then I know not why Apostolical traditions may not be admitted. First, it must have an evident ground in the Scripture: Secondly, it must have the consenting testimony of ancient Fathers, confirming it to be an Apostolical tradition. These two conditions are both kept, in this particular which now I speak of; and in the baptizing of Infants. But to take a tradition from the bare testimony of any Church, without a ground of Scripture, and the testimony of the ancient Fathers, bearing witness that it was an Apostolical tradition: this we utterly refuse as unwarrantable. Concerning this particular, the rest of the Fathers yield the like consent to these. Ambrose saith: Non prius veniet Ambr. in 2. Thess. 1. Antichristus quam Regni Romani fiat defectio. Augustine saith: Quidam putant hec de Imperio dictum fuisse Romano, & proptereà August. lib. 20. ca 19 de Civit. Dei. Paulum Apostolum non ●…d apart scribere voluisse, ne calumniam videlicet incurreret, quasi Romano Imperiomalè optaverit. And in the same place: Tantum qui modo tenet teneat, donec de medio tollatur: non absurdè de ipso Romano Imperio creditur. Another of the ancients saith thus: Vt qui tenet nunc teneat donec de medio Comm. in 2. Thess 2. sub nomine Hieronymi. fiat. Donec Regnum quod nunc tenet de medio auferatur, priusquam Antichristus reveletur. john chrysostom, and Oecumenius, summing his words, say thns, writing upon that Scripture. 2. Thess. 2. Solum est qui modo retinet. Thronus videlicet, & Regnum Romanorum, quodnunc impedimento est donec cesset, finemque accipiat, ●…uncreuelabitur iniquus ille, hoc est Antichristus. Vbi enim Imperium Rom. fuerit dissolutum, tunc Antichristus rebellione irruet, ac obtinere conabitur non hominum solum, verum Dei Imperium. Romanorum autem Imperium ipse Antichristus perfectè abolebit. Quemadmodum 〈◊〉 Medorum Imperium à Babylonijs dissolutum est, & Babyloniorum à Persis, Persarum quoque à Macedonibus, & Macedonum a Romanis; it a & Romanorum ab Antichristo, & Antichristi à Domino nostro. [That thing which withholdeth, is the Roman Empire, which now stayeth the matter till it cease and come to an end. Then shall that wicked man be revealed, that is, Antichrist. For when the Roman Empire shall be destroyed, then shall Antichrist by rebellion invade, and shall seek to draw to himself not only the power of men, but of God also. And Antichrist shall utterly make an end of the Roman Empire. For as the Empire of the Medes was destroyed by the Babylonians, and that of the Babylonians by the Persians, and that of the Persians by the Macedonians, and that of the Macedonians by the Romans: so shall that of the Romans be destroyed by Antichrist, and that of Antichrist by our Lord jesus Christ. 101. By all which we findè by the consenting judgement of the Fathers, that Antichrist must rise up upon the ruin of the Roman Empire. And finding the power and government of the ancient Roman Emperors to be utterly ruinated by Gregory the second, the title of the Empire to be taken away from those Emperors by Gregory the third: the rule of the City of Rome (which was the ancient seat of the Empire) taken up and surprised by the Pope: the Cities of the Empire near adjoining to Rome, to be brought under the subjection of the Pope: by conferring the Prophecies of Scripture interpreted by the Fathers, with these events which by History are truly recorded, laying one thing to another, the conclusion is evident. My purpose is not to speak of Antichrist; but only passing through these Stories of the Pope's temporal exaltation, I thought it a small labour for the Reader to compare the Prophecies of Scripture, and the judgement of ancient Fathers with the event, which fell out in the time of the two Gregory's, the second and third. Before which time the Popes never entered into such furious attempts against their Sovereign Lords the Emperors. For they yielded exact obedience to Emperors from the time of the first Christian Emperor, until the time of Gregory the first. All which while they refused not to be ruled, commanded, directed by the Emperors as by their Sovereigns, not only in civil affairs, but even in matters concerning the external Discipline of the Church, as calling of Counsels, and confirming them: punishing and censuring disorderous Clerks and Bishops, that offended the Imperial Laws, and such like. In such things the Emperors ruled, the Popes obeyed: no striving, no threatening, no casting off of the yoke appeared all this while. But after that Phocas had granted to Beniface the third Pope, the title of Ecumenical Bishop, and that the Church of Rome should be head of all other Churches: then began that star to fall from heaven, falling from Apoc. 8. 10. & 9 1. the simplicity of truth & from sincerity of obedience, into pride, ambition, and noisome lusts; and never ceased rolling downwards till at last it fell into the deep practices of the bottomless pit. Thus when they began to fall, they had one fall after another. They fell not into the practice of deposing Princes, Anno 733. until the time of Gregory the third. Childeric or Chilperic. 102. THe Pope's having proceeded thus far in deposing the Emperor, thought all their labour lost, unless they might have those Territories made subject to themselves, from which they had expulsed the Emperor: Their fear was, that either the several Cities would procure their own Freedom, or that some that were strongest would surprise all the rest, and so a small part might come to the Pope's share. The Lumbards' were then strongest in Italy, and had soon gotten the rest under their Dominion: To prevent their rising, and to enrich S. Peter with a new Patrimony, the Popes after they had used the power of the Lumbards' against the Emperor, so now against the Lumbards' begin to call new aids into Italy, drawing first Pippin, and then Charles against the Lumbards', by whose means they obtained their purpose: Pipin was made Harman. An. 752. King of France for this service, and Childeric the right King was deposed by Pope Stephen saith Harmannus Contractus: other attribute this to Pope Zachary. Childeric was shaven and thrust into a Monastery. After all this there stuck a scruple in the conscience of Pippin, for he had taken an Oath of Allegiance to Childeric his Sovereign; this scruple the Pope undertook Vsperg. An. 753. to remove: For, saith Vspergensis, Pope Stephen absolved him of his Oath, which in former times he had taken to his Sovereign Childeric. Thus were these great affairs ordered and disordered, the Emperor deposed, his subjects raised in rebellion against him, the Pope exalted and enriched by the spoils of the Empire, the French king deposed, his subjects absolved from their Oaths and Allegiance, another set up in the kingdom. These were practices which before this time were never attempted by Popes: From these beginnings and examples the succeeding Popes took light, and made rules of their Government; and therefore after this, the world could take no rest for the Popes. Moreover after these examples of Pippin and Charles, they who through ambition aspired without right or Title to kingdoms, have devoted their service wholly to the Pope. And what holdeth the Spaniard so stiff in Popery, but only an hope that by the Pope's authority he may enlarge his Dominions in the same sort? It is to be noted also, that they who thus offer their service to the Pope, are honoured by him, as the only defenders of the Church, whereas none have spoiled the Church more than these: for Paulus Aemylius recordeth, that Carolus Martellus (father to Pipin) being then Constable of France, robbed the Churches and Monasteries of France at his pleasure, promising that if he should obtain victory against the Sarracins, he would bountifully repay all: But after most great and rich victories, he not only repaid nothing, but thrust also the Bishpppes from their Seas, held the Seas empty to pay soldiers; which thing brought a foul confusion upon the Church of France: yet this man for his service to the Pope was accounted a great defender of the Church. Henry the fourth Emperor. 103. THe ancient manner of choosing Popes, was by the emperors consent, after that Emperors became Christian: This was practised from the time of Constantine, till Hadrian the third, saith Platina, who maketh this Hadrian the first, who altered this ancient manner: he took the opportunity of the absense of Charles the gross than Emperor; Anno 884. Platin. Hadrian 3. who was so encumbered with the wars of the normans that he could not attend this business. But Onuphrius in his Chronicle of Popes, setteth john the fifth to be the first Pope that was chosen without the emperors commaundem●…nt and appointing: both may be well reconciled: for Onuphrius speaketh of the Popes under the ancient Emperors: Platina of the Popes Anno 685. under the French and German Emperors, for from Constantine till john the fifth Pope, no Pope was chosen without the emperors consent: from john the fifth Pope, till Charles the first, no Pope was chosen by the emperors consent: Charles the first recovered the ancient rights of the Empire, as before we declared: from his time till Hadrian the third, no Pope was chosen without the emperors consent: from Hadrian the third, the consent of the Emperor was not required, if Pla●…ina say true: others witness, that the Popes were always chosen by the consent of the Emperor, till Hildebrand. The Pope's thus striving to cast off the ancient yoke, when Gregory the seventh was chosen Pope, he added unto this practice of rejecting the emperors consent, many more practices, by blood, fraud, devilish pride and Necromancy aspiring to the Papacy, and was at last made Pope, not only without the consent of the Emperor, Beno. but without the consent of the Cardinals also, only a company of armed men with some few of the Clergy, gave out that Hildebrand Naucl. gener. 36 was chosen Pope by S. Peter, he was much furthered by one Maude a Gentlewoman of great riches then in Italy, with whom he had great familiarity. 104. Henry the fourth Emperor called a Council at Worms to repress Hildebrand: The Bishops of that Council Auent. l. 5. condemned Hildebrand for intruding into the Papacy, & for his infamous & prodigious conversation, & adiudgedhim to be deposed. Hildebrand upon the knowledge of these news excommunicated the Emperor, deprived him of Government, absolved his subjects from their Oath of Allegiance. The Emperor of a sudden being robbed of his friends & subjects by the practice of them whom Hildebrand had set to negotiate this matter, was driven to the greatest debasement of himself, that hath been heard of, barefoot in a sharp Frost in deep Winter, three days attending at Canusium with his wife & child before he was admitted to the Pope's presence: when he was admitted, and had craved pardon: his censure was, to stand at the mercy of Hildebrand: Which when he had confirmed by an Oath, the Pope absolved him, but afterward set up Rodolph Duke of Suevia in war against him. Rodolph being thus stirred up to Rebellion against his Sovereign, was so wounded in a battle, that being carried to Merseburge without hope of life, called the Nobles and Bishops that had favoured him; and in their presence beholding Vsperg. An. 1080. his right hand which was smitten off in the battle, This, quoth he, is that hand by which I confirmed an Oath of mine Naucl. gener. 37 Allegiance to my Master Henry: this have I gotten by following your Council, return you to your Master, and keep your first faith, as for me, I go to my Fathers. 105. The Emperor after this, gathered a Synod at Brixia: The Bishops of Italy, Lombary, Germany meeting there, condemned Hildebrand for a disturber of Christendom, a disorderer of the Church, a periurous, sacrilegious Incendiary, a Witch and Necromancer. The Emperor besieged him in the Castle of S. Peter, but Hildebrand understanding that the Emperor Auent. l. 5. Usperg. used to resort to S. Mary's Church to pray, set a knave above the place where he used to pray, to throw down a great stone upon him, and to kill him. Whilst the varlet was setting the stone for that purpose, down comes the stone and the traitor with it, who was crushed to pieces therewith. After that Hildebrand had set up many such practices against the Emperor without effect, he betook himself to flight: And ●…andring like a Vagabond without comfort, without help, without hope, though brought to a most pitiful estate, yet pitied of no man, traveling under the unsupportable burden of a restless conscience, he died for grief at Salernum. By all which we see, that this new and monstrous practice of deposing Kings, was resisted by the Emperor, as pestiferous against his estate, disclaimed by Bishops, as a thing strangely disordering the Church and civil States, and justly revenged by God, as a thing abominable. The Chronicles observe, as it is noted in Vspergensis, Fol. 226. that this Henry the fourth had fought three score and two pitched battles, in number surpassing M. Marcellus and julius Caesar, of whom the one fought thirty, the other fifty. Henry the fifth. 106. WHen Hildebrand and Rodolph both conspiring against Henry the fourth, were both overthrown, the succeeding Popes maintaining the same policy and practice (for it were pity but that these Apostolical practices were well known) raised Henry the fifth in arms against his father Henry the fourth: this old Emperor being weary of troubles, and desirous to have some repose, made his Naucl. gener. 37 purpose known, that he would resign all government to his son, and go himself in person to visit the Sepulchre of Christ: but the son was stirred up by the Popes to rebel against his Father, before he had undertaken that journey. To colour his rebellion, he protested that he sought not his Father's Throne for desire of dominion, neither wished he the deprination of his Lord and Father: but if his Father would be subject to Saint Peter and his Successors, than would he yield him the Empire. The end of this contention was this. The old Emperor was surprised, imprisoned by his son, and so died. There is an Epistle of this Emperor extant in Naucler, wherein he complaineth that he was betrayed against all human and divine Laws, being invited by his son to a Treaty of peace, after faith and assurance given for his life and honour, coming peaceably to Mentz, was surprised treacherously. After all this Henry the fifth coming to Rome, found no more favour than his Father had done. For Paschalis the second contended with him so earnestly for investitures (which was the quarrel for which his Father felt so much the Pope's anger) that thereupon a tu●…ult was raised, in that tumult Pope Paschalis was taken. Who being in the emperors power, confirmed the Emperor's jurisdictión, and disclaimed the right of investitures, yielding it to the Emperor in that sort, as his ancestors had used the same in former times. 107. At this time the Cities of Italy took an Oath of allegiance to the same Emperor. But after all this grant of Pope Nauc▪ oer. gener. 38. Paschalis, no bond being sufficient to hold fast a Pope, he called a Council at Rome; wherein he condemned all that himself had done in yielding investitures to the Emperor: and excommunicated the Emperor. The Emperor to prevent the dangers that might ensue, came again into Italy: and sent Ambassadors to the Pope, to try if these matters might be brought to a peaceable end. The Pope in the mean time calleth a Council at the Lateran. In this Council Pope Paschalis excusing that fact of his for yielding investitures to the Emperor, desired all that were present to pray for him, that God would forgive him. For, saith he, that writing which I made, which is Naucler. ibid. called a privilege, I do here condemn under an everlasting curse, and pray that all you will do the same. There followed a general acclamation, Fiat, fiat: that is, be it so. Then Bruno Bishop of Signinum, said: We have cause to thank God that we have heard the Pope from his own mouth condemn this privilege. Which is not a privilege, but rather a praviledge, because it containeth pravity and heresy. Whereupon another stood up and said: If that privilege contain heresy, than he who made it is an heretic. Caietan being moved with the sharpness of that speech, answered: What? dost thou in this Council, in the hearing of us all, call the Pope an heretic? that writing was not heresy, but it was evil. Nay, quoth another, it was not evil, etc. Paschalis by his hand commanding silence, appeased the clamour, and told them that heresy never entered into the Church of Rome. This I have declared, that the Reader may understand, what grave matters are handled in some Popish Counsels. In this Council the excommunication against the Emperor was renewed. Whereupon such a ruin and vastation of Italy followed, that nothing could be seen there for a time, but bloodshed, burnings, robberies: the State and Church confounded, the true heirs turned o●…t of their possessions; robbers and oppressors thrust in. All this moved not the Popes, to remit investitures. The Emperor perceiving that nothing could move the Popes, to lose so beneficial a Pray, no not the common calamity of Christendom: was persuaded to yield to the Pope in the end, in respect of the miseries that followed this contention. And so resigned investitures to the Pope. Whereupon peace followed for a time. Frederick Barbarossa. 108. FRederick the first, surnamed Barbarossa is highly commended by the Writers of that age, and of them that followed, for a Prince of great worth, wisdom, and valour. When he came into Italy the Pope met him, not with a purpose to honour him, but by him to be revenged upon the King of Sicily, with whom the Pope was at variance. Frederick received the Pope with great reverence, and as he lighted from his horse, Funct. lib. 10. Chron. held the left stirrup. This was made a great quarrel against Frederick, and though he made his reasonable excuse, that this was the first time that ever he served in that sort, and might therefore be pardoned for any thing unskilfully done: that the office proceeding from good will, it made not much matter on which side he came, that came to reverence him: yet the Pope would not be satisfied; but showed himself so much offended, that the Emperor began to be somewhat moved; so that the parting was with some stomach on both sides. The next day the Emperor meeting the Pope, held the right stirrup, to please him: and when they were set, the Pope thus began. The Princes of ancient times your predecessors, when they came to make petition for the Imperial crown, were wont by some worthy office to promerit the favour of the Church of Rome; that by preventing the blessing, they might declare by some egregious service that the Crown was due to them. Thus did Charles by overthrowing the Lumbards', Thus did Otho by defeating the Berengarij, Thus did Lotharius by repressing the Normanes. So must you do, and repress the King of Sicily with the normans, and restore Apulia to us and the Church: and then you shall see what we will do for our part. The Emperor understanding well how unreasonable the motion was, that Apulia, which was by right a part of the Empire should be taken from the King of Sicily at the Emperor's charges, and bestowed upon the Pope; yet for that time did give a moderate answer, that he would go into Germany & return with fresh forces for that service, because these which were with him were much decayed. 109. This mention of the King of Sicily, draweth us to speak somewhat of him, our purpose being to observe the practice of Popes in deposing of Kings. William King of Sicilia, held also Apulia, as he received it from his Father Roger, to whom it came from Robert Guiscard, who first drove out the moors from thence, and won the possession thereof. This King William of Sicily deposed. William because he would not give Apulia to the Pope, for enlarging of Saint Peter's Patrimony, was excommunicated by Pope Hadrian the fourth deposed from his Kingdom, his subjects discharged of their Oath and Allegiance. And because William stood upon his strength in his own just defence against the Pope, therefore the Pope would gladly have set Frederick the Emperor against him. In the end William in fear partly of Naucler. gen. 39 Frederick, but especially of Immanuel the Greek Emperor (whose Orator Palaeologus, promised to drive William out of Italy, and to give the Pope five thousand pound weight of gold, if three Haven Towns of Apulia might be given to his Master by covenant after the victory) was driven to compound with the Pope: and being thus forced thereto, did acknowledge that he An. 1155. held both those Kingdoms of the Pope. 110. When Frederick the Emperor understood that the Pope had made a league with William, and confirmed him in both the Kingdoms, after that he had moved Frederick to undertake the wars against him: was not a little grieved thereat, considering also other grievances and oppressions of Germany. Whereupon he began to execute some severe discipline against certain dissolute persons of the Clergy, at which the Pope grew highly offended: hereupon some sharp letters passed between them, as before we declared. But when the Emperor §. 3. prepared a journey into Italy with an Army, the Pope fearing the worst, made means, and was reconciled to him. A little after when Frederick besieged Crema, some Cities of Italy conspiring against him, the Pope followed the first opportunity of rebellion, and excommunicated the Emperor and cursed him. Naucler declareth the motive that drew the Pope to excommunicate Naucler. generat. 39 the Emperor. Data pecunia immensa Domino Hadriano Papae ut imperatorem excommunicaret. A huge sum of money was given to Pope Hadrian, to excommunicate the Emperor. These be the Apostolical censures, and these be the means that draw his holiness to depose Princes. Pope Hadrian shortly after at Anagnia, walking abroad to take the air, as he would have drunk a little water in a spring, a fly falling in to his mouth, stuck so fast in his throat, that no help of Ph●…sicke prevailing to remove her, he was choked therewith, and died. 111. I may not omit what johannes Flasboriensis, a Writer in this time, observeth of this Hadrian, as from him Naucler Naucle. ibid. reporteth. This john affirmeth, that he heard Hadrian confess thus much: [No man liveth in the world more miserable than the Pope of Rome: In this Sea have I found so many miseries; that in respect of this present estate, all the bitterness of my former Est Romulo succedere in Parricidijs, non Petro in ovibus pascendis. life seemeth pleasure & happiness: This ambition to seek the Papacy, even by shedding our brother's blood, this is to succeed Romulus in Parricide, not Peter in feeding.] By this autentick testimony of Pope Hadrian a witness without exception, we see what it is to be a Pope. Marcellus the second as Onuphrius Onuphr. vita Marcelli. 2. reporteth in his life: gave the like censure of the Papacy, adding thus much: [That he saw no means how any Pope could be saved.] These are the testimonies of the Popes themselves, who deserve to be believed speaking of a matter whereof they had so great experience. After the death of Hadrian, Alexander the fifth being chosen Pope, reneweth the excommunication against Frederick, thundering out great curses upon him, and sent letters abroad to all Princes and people to raise tumults against him. The Emperor to pacify the troubles of Christendom which were growing by the Schism, which then began between this Alexander and Victor the fourth, entreated the French King in some convenient place to meet him, and to bring Alexander, as he would also bring Victor to this meeting, that matters might be composed, if it might be, and troubles prevented. The meeting was appointed at Divion. Thither came Frederick and Victor. Thither came Henry the second King of England, and William King of Scotland. But Alexander was so much afraid of this meeting, that he persuaded Philip the French King, who had promised to meet the Emperor here, to practise a trick which better beseemed a shifting Pope, than an honourable Prince. The devise was, that the French King should come to the place before the Emperor was come, & wash his hands in the River that ran by the place; and by the voice of a Criar, should call the Emperor three times, and as if this were the keeping of his promise, afterward he should depart. When the Emperor and the Kings of England and Scotland were come to the place, and heard what the French King had done: they were much offended that the King should so Popishly disappoint his promise, therefore they willed Victor to return to Rome, and went their ways. 112. I pass by frederick's journey to the holy land, his wars there, how Pope Alexander sent his Image to the Souldian; how being taken prisoner when he would have dissimulated his estate, he was known by his picture: how after his return he raised an Army, and led the same into Italy against Alexander: how against the Venetians, who took part with Alexander, he sent his son Otho: how his son was taken prisoner: which estate of his son gave Alexander the advantage, and made the Emperor content to yield. The conclusion Naucl. gener. 40 reporteth this as done before Frederick his expedition to the holy land. was: The Emperor must come into Saint Mark his Church in Venice, and there humbly seek absolution at the Pope's hands. Frederick did so: The Pope commanded him to ask pardon prostrate on the ground; the Emperor suspecting no contumely, did so. The humble, mild, and mortified Vicar of Christ, having the Emperor thus prostrate before him, set his foot upon the emperors neck, using those words: Super Aspidem & Basiliscum ambulabis, & conculcabis Leonem Psal. 91. 13. Thou shalt walk upon the Asp and Serpent, thou shalt tread under feet the Lion and Dragon. Not to thee, but to Peter. Both to me and to Peter. & Draconem: The emperors answer was, Non tibi, sed Petro: The Pope replied, Et mihi & Petro. These be examples of the Pope's power in excommunicating Emperors: from which examples they draw the claim of a right which they pretend to have. The Popish writers hope that men will be persuaded by the examples of the Pope's power, that this power was given to S. Peter, and in him to all Popes, because there appeareth such Christian moderation, humility, and mildness therein. Though there be nothing in Scripture for them, but all against them; though the ancient fathers expressly denied the Popes to have jurisdiction over other Bishpopes, yet they doubt not but they shall find some that will rest persuaded, that Christ left this fullness of power to the Popes, which containeth Sovereign jurisdiction, not only over all Bishops, but over all temporal Princes also. Henry the sixth, and Philip. 113. HEnry the sixth Emperor succeeded Frederic. This Naucl. gener. 40. Cuspinian vita Henrici & Philippi. Henry left a young son Frederic an Infant, yet elect to be Emperor, and committed his education and well-doing to the trust of Pope Innocens the third, leaving the Empire to his brother Philip until the child should grow to age. Pope Innocent this trusty tutor, purposing the destruction both of Philip and young Frederick set up another Emperor, which procured great vexation and trouble to them, and to all Germany. And first he quarreled Philip, that he stood under an old excommunication of Celestinus; but afterward making semblance of favour and reconciliation with him, he sent the Bishop of Sutrium, to demand pledges (certain men whose eyes his brother Henry had plucked out). The Bishop came and received the blind pledges, and at the earnest request of Philip, absolved him from the excommunication. The Pope when he had gotten these blind men, made public show of them to move envy against Philip: that done, he excommunicated the Bishop of Sutrium for absolving Philip without his commandment: the Bishop was deprived, and so stood deprived all the days of his life. Then laboured the Pope to stir up Bertholdu●… Duke of Zaringia against Philip, whom he would have obtruded to the electors: But Berthold utterly refusing to rebel, sent his Nephews to Philip for Hostages of his Faith and Allegiance, and came himself and swore Allegiance to him: at which the Pope taking great indignation, broke out into these words: Either shall the Pope pull the Crown from Philip, or Philip shall pull the Mitre from the Pope. And sent therefore to Otho son to Henry Leo, a Prince more noted for boldness, pride and ambition, then for wisdom and moderation. 114. To this man the Pope Innocent sent a Crown, and set him up against Philippe for the Empire, excommunicating Philippe, and pulling all helps from him that possible he could, and so filled the world with wars. As Philip and Otho were thus plunged in wars, all Princes and people troubled; there was not a Bishopric, or Ecclesiastical dignity, or Parish-Church which was not made litigious; and in the common miseries of Christendom, and confusion of the Church, the Pope only rejoiced, increasing his wealth by the ruins of the Church: the calamity of all men was turned to his happiness. To express this true felicity of the Pope, and the Court of Rome, in the misery and vexation of all the world, mine Author breaketh out into these words: [O our mother Rome, Abbas Uspergens. Philippo. 1. rejoice, because the Cataracts of earthly treasures are opened, that unto thee Rivers may flow, and Mountains of silver may be brought in great abundance to thee: be thou joyful for the iniquity of the sons of men, because in recompense of so much mischief as from thee proceedeth, the price returneth to thee. Let thine heart be merry for the discord and dissension that troubleth all other, but helpeth thee; for out of the infernal pit it breaketh to heap up much money as a reward to thee. Thou hast that which always thou hast thirsted after, and longed for: Now mayst thou sing this song, that thou hast overcome the world, not by thy Religion, but by the maliciousness of men. That which draweth men to thee, is not thy devotion, or a pure conscience, but impudence and boldness, to commit all wickedness, and hope of impunity: for their hope is to defend and maintain any wickedness where thou art the judge, and when the price is prepared.] Thus far Uspergensis, making some what bold with that innocent Pope Innocentius. In this contention which the Pope raised, Otho had the helps of the King of Bohemia, the Landgrave of Thuring, the Bishop of Colon: these inclined to him being drawn as well by the Pope's cursing of Philip, as also for that they saw that Otho was strong by means of his Uncle Richard King of England. But at last Otho being wearied with the wars, and perceiving Philip's affairs to prosper, was content to hear of peace. 115. The Pope himself after all his malice thus spent, made a motion of reconciliation between them, upon this condition, that Philip's daughter should be given in marriage to Richard the Pope's brother's son, newly created Earl of Thuscia, Spoletum, and Marchia Anconitana, hoping that these lands and Titles which then his Nephew enjoyed only by the Pope's favour, and at his will, might by this means afterward pass by right of inheritance. The Pope seemed to be so earnest for this match, that Uspergensis saith it was promised. Here is descried one end of the Pope's excommunications and absolutions, and of raising wars in Christendom, that they might by troubling Christendom draw some advantages to themselves. The Pope's motion was scorned of the Princes, and the daughter of Philip was given in marriage to Otho, and Articles agreed on that Philip during his life should govern, and after him Otho. Otho the fourth. 116. PHilip the last Emperor being murdered by the practice and hand of the County Palatin Wittlespach, Germany fell within the power of the Pope's vexation more than before: Hoc uno Philippo p●…rempto (saith Naucler) Naucl. gener. 41. Germania summis insidijs Pontificis Romani agitata, vires pene suas omnes in sese experta est truculenter: That is, This one Prince Philip being dead, Germany vexed with the great and most fraudulent deceits of the Pope, did feel in a manner all his force and power against it. Otho after this, coming to Rome, Innocentius the third who had set him up in arms against Philip, entertained him with great show of favour, but this love was turned shortly into greater hatred: For whilst Pope Innocent was somewhat too busy in exacting an Oath of Otho, and sti●…red up or heartened some of the Citizens of Rome against the Germans, the Romans drew to a tumult, and killed one thousand and a hundred Germans, who suspected no harm. Otho Suspectum habens Rom. Pontificem, ne quid in eo tumultu occasionis ci●…ibus prestitisset. Naucler. being much moved at this Romish entertainment, first moved that in some peaceable manner mends might be made: but perceiving them to be enraged, that they seemed more ready to give him a new onset, then to offer or to accept peace: he departed out of the City, and finding by suspicions and presumptions that Pope Innocent had given some occasion and heartening to the Citizens in that tumult: he resolved to be revenged upon the Pope, and entered into the lands of S. Peter's Patrimony, making great waist and desolation where he came. Wherefore Pope Innocent excommunicated him, and absolved all Prelates, Lords, and all the people that were subject to the Empire from that Oath of Allegiance, which they had taken to Otho, commanding all men not to call him or account him Emperor, nor in any thing to yield obedience to him. 117. Otho being thus excommunicated and cursed by the Pope, proceeded on in the same course, denying that the Pope had any power over the Emperor, or to dispose of the Empire, and therefore notwithstanding all that the Pope had done, still he did bear himself as Emperor. And coming into Germany, he held a Diet at Norinberge, where he opened to the Princes of Germany, the manifold and fraudulent practices of Multiplices Rom. Pontificis contrase ostensas callidetates exponens, quam iniustè ab illo insectaretur, declaravit. Naucl. Naucl. gener. 41. the Pope against him: and mine Author reporteth, that there he made this speech: [Now is the time come, O Princes, for you to show your courage and care of the Empire, and for the administration thereof; for to you, only to you, belongeth this right of disposing of the German Empire: therefore it must be your care to prevent these troubles. This we confess to be in your power, and of your right to create an Emperor, or to depose him, to set him up or pull him down, and that herein the Pope hath no jurisdiction: when any trouble ariseth in the Empire, you have the power and right to redress it. Now then like true Germans defend your own right, show your courage and strength in the maintenance of your Country laws, and of the imperial dignity: either now maintain your own right, or else you shall lose all: for if by your facility you permit the Pope to dispose of the Empire at his pleasure, you shall soon find most assuredly that your power in the choice of an Emperor shall be utterly overthrown and brought to nothing.] Thus did Otho then reject the Pope's power: but the Pope was too subtle and too strong for him, for he set up Frederick the son of Henry the sixth against him, to whom the Princes of Germany were bound in an auncien●… Oath of Allegiance, The memory of which bond did so prejudice Otho that he was forsaken, and Frederick was made Emperor. Frederick the second. 118. FRederick the second, purposing to demerit the Pope's favour, and to assuage the insatiable thirst of blood and wars: gave many great and rich gifts to the Pope, granted much land, and many territories in Italy to the Church of Rome: but nothing could assuage the spirit that ruled in the Popes. For after all this kindness of the Emperor, the Pope (than Honorius the third) gave favour and encouragement to two Earls of Thuscia, Richard (or as Vspergensis calleth him Matthew) and Thomas, notorious enemies of the Emperor, and convict of Treason against him. Whom when Frederick pursued in battle, they betook themselves to the protection of the Pope as their surest refuge. The Emperor followed them within the Pope's territories: he declared also his right to Sicily and Apulia, and the ancient Privileges which those Kings had always used for investitures, which privileges in his nonage Naucl. gener. 〈◊〉. (who was left to Innocent the third, as to a faithful Tutor) were surprised by the same Innocent, taken from his mother Constantia, himself being young & not able to make resistance. As thus Frederick sought to maintain his right, Honorius draweth out this new and strange weapon against him, excommunicating, and depriving him, raising up his subjects against him, persuading them to shake off their faith, Oath, Allegiance, and all respect of the Emperor. The Lumbards' he stirred up in rebellion against the Emperor, procuring thereby great prejudice to the Empire (saith Naucler) and defeating the purpose of the journey, which Frederick intended to the holy land; and in the beginning of these furious attempts, he was cut short by Death. 119. Gregory the ninth who succeeded, began there, where Honorius left. And because he sought a pretence for his fury, he Naucl. gener. 4●… Cuspinian. vita Frederici. 2. accused the Emperor, for that he had not performed his vow of that journey to jerusalem, whereunto he was drawn by Honorius (Though this journey he performed afterward) Thus the Pope neither convicting him, no●… conventing him, nor once hearing him, thundered out his bolt of excommunication. When the emperors Ambassadors entreated that they might be admitted to tender reasons of his stay, they could not be admitted, but the Pope doubled & redoubled his excommunication. Frederick to mitigate this mon●…trous rage, undertook the journey to jerusalem, and performed the service with great labour and no less glory. But now behold the true reach of the Pope's excommunications, and exhortations to the holy service. As soon as ever the Emperor was gone to Asia, than the Pope declaring why he so much desired his absence, raised forces and sent them to subdue Apulia to bring it under his subjection. The Soldiers which were signed with the Cross for the holy wars he stayed, and them he spoilt of their provision. Froderick in the mean time recovered Jerusalem, 〈◊〉, joppes from the Sultan, with other Towns, and wrote to the Pope of his success: but the Pope suppressed those news, and gave forth that Fr●…derick was slain, t●… the end that he might with greater ease surprise certain Cities of Apulia, which stood faithful to Frederick. He slew with barbarous cruelty the German and French soldiers newly returned from the Eastern wars, lest they should t●…ll the truth of the emperors good success. And when Frederick sent to him to be absolved for his service (as Cuspinian. Fred. 2. the Pope had promised to absolve him, if once he would take that journey) this now he utterly denied. And moreover as Naucler reporteth, he enjoined the Knights that were called Templarians and Hospitularians, with a strict commandment, to use Frederick no otherwise then a public enemy. This practice of turning the Soldiers which were crossed for the holy wars to the Pope's purposes, was much used by the Popes, and the common use of it made the Princes of Christendom understand, that the Popes used the pretence of the holy wars, when they would bring to effect some particular of their own. Thus were great preparations of the French and Germans gathered Naucler. gen. 41. by Innocent the third and Honorius the third, under pretence of the wars of jerusalem: but turned wholly against the Emperor of Constantinople: to reduce that Church to the obedience of Rome. Thus were other preparations and ●…uch money collected: pretended for the holy wars: but turned by Ma●…m the fourth against Peter King of Arragon. Thus were the like preparations pre●…ended for the same wars, but employed by john the two and twentieth against Lodovick Duke of Bavare. Prascrip●…o sacrorum armorum ali●… spectavit (sayeth Paulus Aemyl. in vita Philippi Longi. Aemylius) Pontifex hostem iudioarat Lodoui●…um B●…uariae ducem. 120. Frederick returning into Italy from the East, after all these wrongs having both cause and means, opportunely offering itself to revenge his wrongs: yet resolved not to be drawn from his mild course. He made m●…anes to be reconciled to the Pope: the Pope would not hear of reconciliation, unless he would give him one hundred and twenty thousand ounces of gold. This was the price of his absolution. That the Princes of the world might know, that his excommunications stand in blood, cruelty and ambition: his absolutions in covetousness. Frederick being thus absolved, was received by the Pope in a banquet, but all was counterfeit cheer. For no sooner was Frederick returned into Germany, but presently he understood that the Princes of Germany had received directions from the Pope, to c●…use none of his family Emperor after him; that the Pope had conspired with his enemies to deject him from the Empire. Frederick prepared an Army to repress the Lumbards', who had conspired against him, and took many Cities in Lombary, Vmbria, and Hetruria. The Pope (being one of the same conspiracy) was so offended at Frederick, that he thundered out now the third time his excommunication against him, discharging áll his Subjects from their faith and allegiance. He made a league with the Venetians; and he called the Lateran Council, wherein the purpose was to depose Frederick. He commanded also the heads of Peter and Paul to be carried through the City in solemn Procession. And calling the people together in Saint Peter's Minister, he made an Oration to them full of commiseration▪ stirring them up to fight against the Emperor, and to take the sign of the Cross as against an enemy of Christ, promising everlasting life to all that took Arms against him. 121. The Emperor (in whom it appeared that the greatest patience once broken is turned into the greatest fury) understanding that the Pope, whom he had always sought to mitigate, was not to be drawn by kindness or fair means, hearing also that against himself as against a Turk or Sarracine the Cross was given: brought his Army before the City of Rome; and joining battle against his enemies, put them to an overthrow, but especially he declared his indignation against such as had taken the Crosse. For he commanded that they should be cut in the manner of a Crosse. Some had their heads cloven in four quarters crosswise. The Clergy had first a c●…owne cut off to the quick, and then were deeply crossed with a sword; that as they were called, so they might be in truth signed with a Crosse. The Emperor also understanding that the Pope's Legates were sent out to call the Bishops of England and France to the Council, kept watch in all the ways that none might come to the Council. He took divers Cardinals and Bishops that were coming by ship: some he drowned, others he hanged; among whom was the Pope's brother. Pope Gregory having thus raised up the quiet spirit of this Prince into su●…h a rage, and knowing no way how to appease him, or to rid himself out of these troubles, which himself had procured, for grief died. 122. C●…lestinus the fourth succeeding, would alfo have succeeded Gregory in the same hereditary spirit of rebellion, and savage cruelty, but a sudden death and short government would not suffer him to perform his purpose: for within eighteen days of his Election he was poisoned. In his place came Innocentius the fourth, who of a most inward friend of the Emperor, became a most mortal foe, and surpassed all his predecessors in spiritual fury against the good Emperor: for when Bald●…in King of jerusalem, and Raymond Earl of toulouse laboured to establish peace between the Empire and Papacy, and had procured for that purpose a meeting: the Pope aided by the Fleet of Genua, gave them the slip and came to Lions in France, where he called a Synod. In this Synod the Pope caused Ferd ericke to be cited personally to appear, and to answer to such things as should be objected against him. The Emperor appeared not, but sent thither Thaddaeus Suessanus a famous Lawyer in those days: among other that the Emperor sent, Naucler nameth also Petrum de Vineis, a learned and eloquent man at that time. These pleading for the Emperor, declared that he was hindered by such impediments, that personally he could not be present, and therefore they required with great submisnes on the emperors behalf, that a convenient time might be assigned to him, wherein he might come and answer. This reasonable petition was denied: the Pope drew out his terrible tool, excommunicating the Emperor, absolving all Princes of the Empire from their Oath and faith, moved them to make choice of a new Emperor, alleging many causes falsely devised, as blasphemy, perjury, sacrilege, and such like. 123. Frederick after he heard of these proceedings against him, made ready for a journey to Lions: but as he was in the way, understanding that they whom he had banished from Parma, were returned thither by the Pope's practice, and taking the Town by force, had given a great overthrow to the other Citizens: fearing lest this example might draw other Cities to the like revolt: he gave over the journey to Lions, and wrote Letters to the French King, and all Prelates refuting the Pope's frivolous objections, declaring the justice of his cause and his Pet. de Uineis l. 2. Ep. 10. & 20. Cuspinian. vit. Fred. 2. innocency. Innocentius regarding neither justice nor innocency, pursued him by violence, malice, open wars, secret conspiracies, seeking all means that his unholy head could invent to take away the life of Frederick. As he was taking his recreation in hawking at Grossetum by the Sea shore, near to Sien, the Pope drew his own servants to a conspiracy: the conspiracy was detected, and the traitors had the reward of their treason. Innocentius who could not rest till he had done some Pontifical exploit against the life of this Prince, stirred up the Princes of Germany to thrust down Frederick, and to set up another: first was set up Henry Landgrave of Thuringia; this Anno 1247. man besieging V●…mes was wounded by the shot of an Arrow, and shortly after resigned both his life and the Empire. After this was William Earl of Holland set up: this man was slain in the wars which he had gauged against the Frisians: neither of these saith Naucler, were numbered among the Emperors. At last after so many secret traps laid for the life of this Prince, (behold the end of the Pope's malice, where strength faileth) the Emperor was destroyed by poison. King john of England. 124. THe King of England sped no better than others, for by this unbridled power of usurped jurisdiction King john with the whole Kingdom was brought into great trouble and perplexity: these troubles grew upon a quarrel of Election between the Monks of Canterbury, and the Suffragans, in the seventh year of King john: for after the death of Hubert Archbishop of Canterbury, the Monks without the knowledge of the King, or respect of the Suffragans, chose Reynold the Subpriour of the house, to be Archbishop, who secretly went to Rome to have this his election confirmed by the Pope: but stay was made at Rome, because he showed not Letters commendatory from the King. The Monks perceiving that without those letters commendatory, they could not proceed, made request to the King that they might choose another whom the King might commend: this the King liked well, and commended john Grace the Bishop of Norwich, being his Chaplain, and Precedent of his Counsel (as Hollinshed saith, but Mat. Paris whom he citeth, hath not so much) The Monks gladly obeyed the King's request, and mad●… choice of this man: but the Pope refusing both, thrust upon them Stephen Langton, commanding and compelling so many of those Monks of that Covent, as were then at Rome, to choose him: the King was herewith much moved, because Stephen Langton was brought up under the French King, and bound to him: between whom and King john there was at that time much war and dissension, wherefore the King banished the Monks that had chosen Stephen, and wrote to the Pope, that he had no reason to admit Stephen to such a place in his Kingdom, a man promoted by the French King, and at his command. This contention continuing, the Pope sent to the Bishops of England, commanding them to put the King and his land under the sentence of interdiction, denouncing him and his land accursed. The Bishops to whom the Pope wrote (being by this time become the Pope's subjects and s●…ruants and not the Kings, which is the end which the Pope seeketh by his jurisdiction) denounced the interdiction, and then fled to Rome: King john seeing many fall from his obedience to the obedience of the Pope, drew his people to an Oath of Allegiance. After this came Pa●…dulph Legate from the Pope, who after that he had been here a while, was commanded by the Pope to repair to the French King, there with Stephen Langton to take Council, and to stir up the French to make wars upon King john. Thus King john was depriu●…d of his Government, his subjects absolved from their Allegiance, by which practice many revolted from him; so that he was left weak; and when the Pop●… had thus weakened him, than he set up the French King in arms against him. The issue was this: The King circumvented by these practices of the Pope and oppressed, being also bereaved of all help, was forced to deliver his Crown to Pandulph, and received it from him again, as from the Pope's hands. And thus was Stephen Langton made Archbishop: this was done in the fifteenth year of King john. An. Dom. 1213. The Earl of toulouse. 125. WHen Frederick the second lived, so persecuted by the Pope, as we have declared: a new and strange generation rose up of a sudden, never seen in the world before, starting up like those armed Soldiers, which the Poets feign to have sprung up suddenly of the Serpent's teeth being sowed by Cadmus. Such a serpentine generation of Friars were newly hatched at this time: the first founders of them were Francis and Do●…inick. For the Pope's having a purpose to raise themselves above the Church, and above Kings and Emperors; as both by their profession and claim in the Canon Law, and by their practice was apparent; and for this purpose thundering out their excommunications upon every occasion, practising this power in deposing Princes: found themselves much crossed in these courses by Bishops, and especially by the Bishops of Germany; who stood out for a long time faithful in the Church, and courageous against the Pope's tyranny. Auenti●…us giveth many testimonies of the courage of the Germane Bishops (as elsewhere also we have observed of the English Bishops) for he writing of the times of Frederick the second, the Bishops then saith he, were not as now they are addict to the service of the Pope, given to idleness and pleasure, but learned, industrious, loving Christ, and declaring their love by feeding their flocks diligently. These were not for the Pope's purpose. For in divers Synods they censured the Pope's folly and ambition freely, and withstood his tyranny. Then was the Church so governed by Bishops, all matters so judged and determined, that the Pope might advise, but he could not by authority attempt any thing in the Province of any Bishop: things being guided by truth, law, the judgement of the wisest and best learned in the Province; and by the Council and common consent of the Clergy of that Province. Who had reason to know the estate of their Church and Province, better than the Pope, or any stranger could do. This godly order in the Church, the Pope had a purpose to confound: to opp●…esse the Bishop's authority, and to draw all power to himself. Hoc i●…stitutum (to use the words of Aue●…tinus) tollere & antiquare, Episcoporum autoruatem Labefactare, ad unius cu●…cta potestatem redigere complacitum est. 126. This being the purpose of Popes: for the better effecting of it, it was thought fit & expedient to raise up new Sects of Friars, which might be wholly at the devotion and direction of the Pope; to dissolve the discipline of the Church; to mollify and corrupt the ancient rigour of Bishops, to alter the ancient doctrines, and bend them to the Pope's purposes: and to be resolute and desperate Ministers for establishing the Pope's authority and jurisdiction oue●… Kings; though it were to the wrack and common disordering of Christendom. For these purposes were Friars established at this time. And they wrought effectually to these ends. For the gravity, integrity, true honour, courage, constancy; and ●…eputation of Bishops was never utterly overthrown, till Friars became Bishops, than came these corruptions into Bishop's Courts. Then and never before, came in these sordidous censures to punish sin with pecuniary mulcts in Bishops Courts, as I●…hn Wiclif doth witness, then and by them crept in the great corruptions of doctrine. And because when the Pope had excommunicated and deposed Princes, the Bishops in former times were not only cold in executing the Pope's fury, but sometimes withstood those attempts as new, rash, and bloody: the Friars were c●…eated to be the firebrands of Christendom for all the Pope's furious enterprises. 127. The first service which the Friars did perform to the Pope, was in the execution of his excommunication against the The Earl of toulouse. Earl of Tholouse. The manner thereof by Matthew Paris, and other Writers, is described thus. Raimundus Earl of Tholouse was much envied by the Pope, for favouring them who then were called A●…bigenses. The Pope without examination of his cause, without judicial proceeding against the Earl, excommunicated Simon Montford Ea●…le of Leicester, when peace was concluded between Henry the third King of England & the Barons, fled from England to France▪ and put himself in the service of the French ●…ing. ●…ian. Anno 1245. him, and gave his lands to Simon Montford. Which gift when Simon claimed in a parley before the Pope's Legate: the Earl defended his right, and entreated the Cardinal the Pope's Legate, to come to his Cities. And if he found any that held any erroneous point of doctrine, he promised it should be reform. And h●…rein the Earl promised his best help and assistance to the Cardinal. So confident was the Earl, knowing that no error in doctrine could be found in his people, knowing also that the quarrel was not then for doctrine, but only for jurisdiction. And this thing the Cardinal well understanding, would not make any examination of th●…ir Doctrines. Only it was concluded, that the Earl and his people must be undone, and no other agreement might be admitted but this: that the Earl must depart from his inheritance, and suffer his people to be at the Pope's pleasure. The Legate having a purpose to raise great sums of money through France for this service, applied that business, and in the mean time this new generation of Friars were sent and dispersed in every corner of France, to incite men to take the Cross, and fight against the Albigenses. 128. But especially and above all other the new startup S. D●…inick was a man of great use & employment in this service. He went like a firebrand through France, and stirred up both Princes and people to take the Cross, and to fight against the Earl and his people, as against Turks & Saracines. The French King himself took the Crosse. The King and the Cardinal raised an Army of fifty thousand fight men besides Wagganers, Victuallers, etc. And came before Avignon the Earls chief City. In the siege there were two and twenty thousand of French slain and drowned; the Citizens valiantly defending the City. In the mean time King Philip died, and King jews who succeeded him, died also in the Camp before Avignon. The Cardinal perceiving that the City was so well defended, that all the loss fell on the besiegers; seeing that by direct means he could not prevail: he put of the lions skin, and put on the skin of the Fox, and so prevailed by falsehood in the end. For he took a solemn Oath, that if the people would let him in, and the Bishops who were with him: they would only examine them of their faith and Religion, and would attempt no other thing. The people being well assured, that for matters of faith and Religion, nothing could be found against them: assented to the motion of the Cardinal. Whereupon the gates were set open to the Cardinal, and so the City was betrayed. For with the Cardinal and Bishops, the French Soldiers thrust in, and took the City. By this means was Avignon brought first under the Pope's yoak●…; and made afterward the chief City of his residence for a time. For Clement the fifth in the year one thousand three hundred and five, transl●…ted the Pope's seat to Avignon from Rome: where it remained for the space of threesco●… and fourteen years. 129. Though afterward the Earl repairing his Army gave the French divers overthrows, yet could he never recover this great loss. Fasciculus Temporum witnesseth, that because though Albigenses were overthrown by them that bore the Cross, therefore the Pope instituted a new Order of Friars, called Cr●…ciferi. In all this action the industry and valour of Do●…nick is much celebrated by the Stories of this time: the whole praise of this overthrow is attributed to him: Of him Platin●… witnesseth thus much; Quos (Albing●…nses) Dominicus 〈◊〉 ●…ritate Platin. Innoc●…nt. 3. compescuit, adiu●…ante etiam Si●…one Montiforti: non enim disputationibus verum armis opus fuit, adeo 〈◊〉 t●…nia haeresis. That is, Dominick did tame the Albingenfes in a marvelous short time, by means of the Army which Si●…on M●…ford brought: For that heresy was so rooted, that there was no use of Disputation, but of armed provision against them. Then we see that the first Order and Institution of Friars, was founded in blood and treacherous practices, against the State of Princes that withstood the Pope's jurisdiction. And herein the Pope's end may appear in advancing Friars, not by disputations to search out a truth, but by force and arms to oppress the Pope's adversaries, and so to fill Christendom full of blood and rebellions. Conradus and Mamphred Kings of Sicily. 130. THe next Prince that felt the stroke of the Pope's T●…derbolt, was Mamphred King of Sicily: Sicily with Naples being the ancient right of the Empire; the Pope's having gotten so much of that which before was the Emperors, were desirous to have this also to help the patrimony of poor Sain●… P●…ter. After the fall of the Empire, the moors had taken Apulîa and Sicily, and held those l●…ndes by force, until one Robert Guiscard coming out of France with an Army, drove out the moors, and first won the Dominion of Apulia, and after in like sort of Sicily. The Kingdom of Sicily he gave to his brother Roger: Rog●…r left it to William. These men possessed it by the right of Conquest, driving thence the and Infidels: But the Pope, having no other Title, but because he must succeed the Emperor in Italy; first excommucated and deposed William. After this Otho the fourth, whom the Pope raised up in rebellion against Philip, got the Dominion of Sicily: for which he was also excommunicated by the Pope, and deposed. After him Conradus son to Frederic the second obtained the Kingdom of Sicily, and Apulia: for which Pope Innocent the fourth deposed him from the Empire, and set up Guillia●…, Landgrave of Thuring▪ commanding the Princes to make choice of him. Conrade being excommunicate and deposed, maintained his right by strength of arms, but was secretly taken away by the practice of poison. This was supposed to be the practice of Mamphred. 131. Mamphr●…d the bastard son of Frederick▪ the second, took and held possession of these Kingdoms after the death of 〈◊〉. T●…is man was also excommunicated by the Pope, and deposed: the Pope seeking always to bring this Kingdom under the obedience of the Church of Rome. Pope Ur●…an the fourth, a Frenchman borne, finding his own power too weak to effect this Mastery over Sicily and Apulia, gave these Kingdoms (which never were his to give) to Charles brother Ann●… 1263. to the French King jews the ninth, who was called S. jews: This was the beginning of those troubles, which afterward brought so great wars and bloodshed, and thereby well-nigh the utter ruin of Italy. Charles King of Sicily, and Conradinus. 132. FOR Charles coming with an Army into Italy, at the Pope's motion, joining battle with Mamphr●…d, overthrew him, and slew him in battle near to Beneventum. Pope Clement the fourth succeeding urban the fourth, understanding that after the death of Mamphred Couradinus the son of Conradus, then but young, prepared forces in Germany to reco●…er his inheritance of Sicily: made Charles brother to the French King the Vicar of the Empire to give him ●…trength against Conradinus; and wrote Letters to all Christians, forbidding all men to write to Conradinus as to the King of Sicily. And to the Princes of Germany he wrote likewise, forbidding them under the terrible pain of excommunicati●… to choose Conradinus Emperor: by which means the 〈◊〉 was without a Sovereign Magistrate for the space of two and twenty years: In which time Alphonsus King of Spain, and Richard Earl of Cornwall brother to Henry the third King of England contended for the Empire. These had the titles of the Emperor bestowed upon them by their friends, but the Emperor was not placed till Rodolph Count of Habspurge was chosen. In the mean time Charles grew strong in Italy, being made by the Pope, Vicar general of the Empire. 133. When Conradinus understood th●…se practices of the Pope against him, perceiving that the Popes had a resolution to root out the seed, and utterly to extinguish the blood of Frederic, he wrote a lamentable Epistle, deploring his own fortunes, and the Pope's iniquities. [Innocent the fourth (saith he) hath overthrown me an innocent man: for Conradus my father, King Epist. Conradin. apud Naucler●… Generate. 43. of Sicily left me young and tender in the custody of the Church: then Pope Innoc●…ntins pretending my wealth, professing himself a trusty Tutor, invaded the whole Kingdom, and when once he had gotten the possession thereof, he sought unmercifully to extinguish my name and blood, dividing my lands and Countries, and distributing the same among his own kinsmen and Nephews. After his death Alexander succeeding, invited others into the possession of that Kingdom, excluding m●…. After his death Vrbanus dealt very inurban●…ly: for he drew Mamphred in, excluding myself the true heir. The same Pope disannulling that match with Mamphred, drew Charles to undertake th●… business against myself. After his death Clement used all indemency against me, setting up another King: and not content herewith, thundereth out his Processes against me, thinking it a small matter that against God and against justice, he hath robbed me of my Kingdom; unless he proceed also to take the title from me. Last of all, he hath established Charles Vicar of the Empire to prejudice and defeat me by all means.] Thus doth he complain: by which complaint we may understand somewhat of the Pope's purposes. Conradinus gathered an Army, and came into Italy: the Pope as he passed by Quem cum Pontifex transeuntem vidisset, prophetica voce usus, adolesce●…s dixit, hic tanquam victimam ad caedem ducitur. Naucler. (〈◊〉 foam do witness) did prophesy his death, which was not 〈◊〉 for him to do, when he had so strongly prepared the means thereof: Conradinus therefore was overthrown by Charles: and so was all the blood of Frederick. And thus was that noble line of the Dukes of Suevia utterly extinguished. 134. When Charle●… had at the Pope's suggestion made this destruction in the house of Suevia: the Popes not knowing how to live in peace and quietness, began to turn their malice upon Charles. And first Pope N●…cholas the third, only fearing that Charles should be too great in Italy, having no quarrel against hi●…, took from hi●… the o●…fice of Deputy of Hetruria: pretending that, R●…dolph Emperor was therewith so much offended, that unless Charles would deliver up into his hands that regiment, he would not undertake the journey to the holy land, se●…ing that place belonged to the Emperor by right. But when the Pope had gotten this both from the Emperor & from Charles▪ together with 〈◊〉, 〈◊〉, the Exarch of Ravenna: he kept all, saith Platina, in his own custody, and thither he Plati●…. Nichol. 3. Naucl. gener. 43 sent his Nephew. Thus must all the world be troubled that principalities may be procured to the Pope's bastards. This ●…ope, saith 〈◊〉, had a desire to create two Kings in Italy of the Ursini: one of Hetruri●… against the French forces now placed in Sicily and Naples: the other to be King of Lumbards' against the Germans and imperial forces. But first for the more speedy overthrow of Charle●…, whom the former Popes had drawn into Italy as into a trap, he conspired against him, labouring by all his power to throw him out; and therefore gave his Kingdoms to Peter King of Arragon. The great offence between Pope 〈◊〉 and Charles grew (saith 〈◊〉) q●…ia 〈◊〉 a●…entiri noluit ut su●…s consanguineus contraheret cum 〈◊〉 Pontificis. [Charles would not agree, that his kindred should match with the Pope's kindred.] P●…ter King of Arragon. 135. PEter King of Arragon, being thus drawn in, to the quarrel of Sicily by Pope Nicholas the third, (For saith Naucler the Pope, persuaded Peter to take the Kingdom of Sicily in the right of his wife Constance, who was the daughter of Mamphred, and Niece to Conradinus) brought an Army into Sicily and invaded the Kingdom. But Martin the fourth, who succeeded Pope Nicholas, excommunicated Peter, deposed him, depriving him also of the Kingdom of Arragon. Thus were these Princes first drawn into bloody wars by the Popes, who sometimes invited them, and laughed upon them as loving friends, sometimes plunged them in blood as taking a delight in their destruction. Let the Princes of Christendom once awake and consider the savage nature of this wild beast, that is not only drunk with the blood of Saints, but fed also fat with the blood of Princes. Thus the Popes filled all Christendom full of blood with their excommunications. Are these Christ's Vicars? are these the censures of Christ's Church? Martin then excommunicated Peter, gave his Kingdom to such as would invade it, absolved his Sub●…ects from their faith & allegiance, Platin. Mart. 4. drew those that had taken the Cross for the wars of jerusalem, to fight against Peter. And when Marti●… was dead, Ho●…orius the fourth did redouble his curses upon Peter. After all these curses, and so much blood and wars procured by the Popes to the vexation of Christendom, yet Peter maintained his challenge and held those Kingdoms. Philip the French King. 136. BOn●…face the eight, pretending to advance the holy wars, (for this was not the least policy of that Sea to send Princes abroad, that in the mean time they might suck their Kingdoms, and draw the sinews thereof to Rome) for this purpose sent the Bishop of Ariminum to Philip the fair, the French King. The Bishop having used all persuasions he could by fair means, and finding the King nothing moved with all that he alleged, from persuasions he fell to threatenings. The King being much offended at his threatenings: and because as some add, the Bishop had ravished an ingenuous maid, threw the Bishop in prison: Others say he apprehended Naucler. the Bishop, Quod esset paterinus 〈◊〉. Whatsoever the cause was of the King's offence, Boniface was highly displeased, and sent the Archdeacon of Narbon, to command the King to acknowledge that he held his Kingdom of the Church of Rome, or else to denounce the Anathema against him, and absolve Mandans regi recognitionem regni facere sedi Apostolicae. Naucler. all French men from their Oath of Allegiance. When the Archdeacon arrived at Paris, the King would not permit his Bulls to be published. The Pope's letters were taken from him, and burned with fire. The King also understanding the end of the Pope's earnest motion for his journey to jerusalem, to be that in his absence he might draw great treasures out of France to Rome; published an Edict wherein it was made unlawful for any to depart out of France to Rome, or thither to carry money. Whereupon Boniface cursed Philip to the fourth generation, absolved his Nobles, and gave his Kingdom to Albert the Emperor, investing Albert by his letters into the Kingdom of France: but Albert protested that he would not stir against the King, unless he might have tha●… Kingdom Naucl. gener. 44. confirmed to him and to his heirs. No quoth the Pope, that may not be as long as jezebel liveth: meaning Elizabeth wife to Albert, a woman of great fame and honour, whom he hated for no other cause, but for that her brethren and ancestors had done valiantly against the Sea of Rome. 137. Against this furious attempt of Boniface, Philip the French King in an Assembly at Paris appealed from the Pope to a general Council: this appeal is diversly reported: All agre●… Naucl. gener. 44. Platin. ●…onif. 8. that he appealed from the Pope. Platina confoundeth the Narration thus: Adsede●… Apostolicam tum, ut ipse dicebat, 〈◊〉 futuru●… que Concilium appellavit. That is, [He appealed to the Sea Apostolic then vacant as he said, and to a Counc●…ll which should after this be held.] Naucler delivereth it thus: Rex 〈◊〉 congregari f●…cit Paritijs omn●…s Praelatos Franci●… nec non Barones, & facto Concilio, pro sui justificatione appellavit ab illa sentē●…a se excusando, & contra Bonifacium invehendo, etc. That is [The French King gathered a Council at Paris of Prelates and Barons, and for his own justification he appealed from that sentence, excusing himself, & inveighing against Boniface.] This man than hath nothing of any appellation to the empty Sea: but the appellation was as divers were about these times, from the Pope to a general Council: this appeal was sent by Sarra Columna a Nobleman of Rome, and one Nogarelius a French Knight, a man faithful to the King. The pretence was divulged that they should go to publish the Kings appeal against Naucl. gener. 44. Plat. Bonif. 8. the Pope's Decree, but Sarra having another secret purpose came into Italy in the habit of a servant: gathered closely by the help of his friends a band of soldiers, and with great secrecy and silence came to Anagnia where the Pope lodged then in his father's house. Sarra breaking up the doors, took Boniface in bed, bound him, and brought him to Rome; where after a few days in great sorrow and desperation, he ended his wretched life. Ranulphus saith, that he was set upon an Horse unbridled, with his face turned to the horse tail, and so running Polychron. l. 7. cap. 39 to and fro, was famished with hunger, and died like a Dog: as the common saying was of him, that he entered like a Fox, reigned like a Lion, and died like a Dog. It may be truly said of all the Popes that lived since the year of Christ one thousand, which Naucler observeth of this Pope: Imperatoribus, Regibus, Principibus, nationibusque torrorem potius quam religionem inij cere conab●…tur, dare regna & auferre pro arbitrio, etc. [He sought not so much to pla●… Religion, as terror in Emperors, Kings, Princes and nations: to give and take away kingdoms at his pleasure.] Where he doth truly describe the fruit of the Pope's excommunications: it is not for planting of Religion, but for striking a terror in Princes, and breeding a confusion in the world: and therefore it is no censure of Christ's Church▪ because all these censures plant Religion without confusion of Princes, and disordering of the world. 138. Finding in Story two Epistles, one from Boniface to this Philip, the other from Philip to Boniface, I thought good to set them down, they are but short. Boniface servant of God's servants, to Philip the French King: fear God and keep his commandments. We will have you to understand, that you are subject to us, both in spiritual and temporal affairs: No collation of Benefices or prebend's belongeth to you: and if you have the vacation of any, reserve the fruits thereof to the successors: if you have made any collation, we judge that such shall be of no validity that are to come, and those that are past we revoke: reputing all Heretics that think otherwise. Dated at Later an, etc. The answer was thus returned: Philip by the grace of God, King of France, to Boniface bearing himself as Pope, health little or none at all. YOur singular foolship may understand, that in temporal Fatuitas vestra. affairs we are subject to none: that the collation of Churches and prebend's pertaineth to us by royal prerogative, and the fruits thereof during the Vacation: that the collation already made, or hereafter to be made, are of just force and validity; and thatwe will defend the possessors thereof against all men: reputing all foolish and mad men that think otherwise. Henry the seventh. 139. HEnry the seventh Emperor was much favoured at the Anno 1038. first by Clement 5. Pope, for that Clement was highly offended with Philip the French King, who then sought the Empire: the hatred of Philip drew favour to Henry; but as passion ruled the Pope, so pride overruled the passion, and turned this favour into greater hatred: for when Henry came to order the State of Italy, at that time grievously troubled and vexed for want of the Emperor's presence, and had twice overthrown Ruperi (or as some call him Robert) King of Sicily, the son of Charles Platin. Clem. 7. (whence grew a new vexation of Italy between these two P●…inces, and, as Platina saith, the blame was laid upon Clement, who had called the Emperor with an Army into Italy) he came to Rome for the Imperial Crown, as Clement had invited him thereto. But because the Popes must be always like themselves, Clement first denied his Coronation, afterward he consented upon condition, that Henry should take an Oath of Allegiance to the Pope. This the Emperor refused as being a thing strange, and without example. here is descried an other end of these excommunications: the Pope's purpose to bring Kings and Emperors under them in respect of temporal jurisdiction, therefore they required of Emperors an Oath of Allegiance. Clement the fifth in one of his Canons, maketh a long process to prove that Henry took an Oath of Allegiance, Clem. de sent. & re iudic. pastoralis. and that such an Oath is due to the Pope from Emperors. 140. Clement pursuing his hatred against Henry, advanced the Title of Robert to Sicily, whom the Emperor had by an ordinary process of law condemned for Treason, and declared an enemy to the Empire. The Pope's exception against Henry was, that the Kingdom of Sicily belonged not to the Empire; but he alleged, saith Platina, that it was the Pope's right to bestow the Kingdom of Sicily on this side and beyond Pharus, upon whom he pleased, or to take it from whom he would: hence began great stirs to grow between the Pope and Emperor: The Emperor pursuing his right, brought an Army into Italy; and coming to Bonaventum, his purpose was there to rest himself a few days, and to betake himself to prayer and fasting, and other good works, that his lawful labours and purposes might be blessed of God, intending on the feast of the assumption to take the holy Sacrament. The Bishop of Trent his Confessor was absent at that time, being sent to Pope Clement: Anno 1313. but there was one sent back in his room a jacobin Friar of S. Dominicks Order, suborned for to work a feat: this man at that time administering the Sacrament, having mingled Adamantin dust, which is thought to be the strongest poison, in the flower whereof the Eucharist was made, gave it so prepared Cuspinian, Naucler. Plat. to the Emperor: the poison was so strong, that the Emperor presently perceived the danger; and when the Mass was ended, he called the Friar, and said to him; O Sir, depart quickly, for if my servants shall know what a mischief you have done upon me, you should die a miserable death: but God forgive you. And so the Friar escaped, and the Emperor died. Lodovicus Bavarus. 141. AFter the death of Henry the seventh, the Prince's Electors were at variance for a successor: some were for Frederi●…ke Duke of Austria, others for Lodouic●… Duke of Bavare: john the two and twentieth Pope, apprehended the occasion to dash one of these Princes against the other. First he rejected Frederic●… with great contumely; for when Frederick Naucl. gener. 45 had sent a Bishop to move the Pope to ratify his Election, and the Bishop eloquently declared the Nobility of Frederick, and his valiant progenitors, using that speech; Forts cr●…antur fortibus & bonis: the Pope with Pontifical arrogancy, answered, that Solomon the wisest man that ever was, begot a most foolish son. Against lodovic likewise he pretended a quarrel, for that he took more upon him than belonged to his place: and sometimes seeming to favour the one, and sometimes the other, at last he promised Frederick that he would make him Emperor, if he would bring an Army into Italy to revenge him of Maphaeus and of his sons called viscounts. By this means great wars were raised up in Italy, and in Germany: the two Princes. lodovic and Frederick met also in a battle fought from Sun rising to Sun setting, wherein lodovic had the victory; Frederick was taken prisoner. 142. Whereupon Pope john without lawful process, excommunicated lodovic in his Consistory at Avignon, and declared him to be schismatical, heretical, and rebellious against the Church; and deprived not only Frederick himself of all his Dominions as much as in him lay, but deprived also all Clerks that should give him council or aid. Against this excommunication the Emperor appealed: the form of which Appellation is to be well observed; for albeit some write that he appealed from the Pope misinformed, to the Pope truly fo●…d, and to a general Council; yet this is but the relation of such as favoured the Pope's jurisdiction, thinking that no appeal could be made from the Pope simply: And therefore no relation of others can satisfy us in this point so well, as the very authentic writ of lodovic himself, wherein he declareth his appeal: which writ or declaration is set down at large in Naucler, from whence I would observe some things which the Emperor declareth concerning the Pope's jurisdiction; for therein he toucheth many points of his jurisdiction, and taketh exception against such parts of jurisdiction which the Pope claimed, partly in prejudice of the temporal Magistrate, partly in prejudice of the Church. For the question of jurisdiction was better studied by learned men in the time of this Emperor, than ever it was since. 143. Lodovick then understanding by men of great learning in human and divine laws, which that age brought forth, that the Pope had encroached upon the right of temporal Princes, and upon the jurisdiction of the Church: and that he ought to be governed i●… temporal affairs by the Emperor, in spiritual affairs by the Church, appealed from the Pope to a general Council, and to the Catholic Church: thus the Emperor declareth his appeal; appellavimus ad futurum generale Concilium, & ad sanctam Catholicam Ecclesiam. This was done Naucl. gener. 45. Anno 1338. Paralipom. Usperg. in an Assembly held at Franckfort, published as a Decree against the Processes of john the two and twentieth: which Decree though it be somewhat large, yet because it containeth the just claim of the temporal Magistrate, against the pretended jurisdiction of the Pope, I must draw at least the sum of it to give some satisfaction to the Reader: He declareth the Pope's claim, for he claimed that he had temporal jurisdiction over Princes: that the imperial power was from the Pope: that he that is chosen King of the Romans hath no jurisdiction by his sole Election until he be anointed, consecrated and crowned: that in temporal matters the Pope hath a fullness of power. This was first the Pope's claim; whereunto the Emperor answereth [That this standeth against the ancient Canons of the Church, against law, and against reason.] He citeth for this divers Canons, to prove that the Emperor hath not his power from the Pope, but from God alone. Against each of the foresaid Positions he citeth divers Canons out of the Decrete of Gratian. Secondly, Pope john the two and twentieth objected against the Emperor, that he the said Pope had annihilated the emperors Election; and that therefore the Emperor had no right to administer the imperial laws, but that this administration belonged by right to the Pope. To this the Emperor answereth: [That this standeth against the liberties of the Empire, and against the liberties of them that are Electors, against the laws and liberties of all the Princes and subjects of Germany.] 144. And whereas thirdly the Pope objecteth, that he hath excommunicated all that shall adhaere, perform obedience and reverence to the Emperor, and saith that the judgement of the Pastor, whether it be just or unjust is to be observed. To this the Emperor answereth [That these denunciations are of none effect: for it is a rule, that if a Prelate in commanding or forbidding, shall not keep the form prescribed by the Canons, they who disobey him, do not incur the sentence of excommunication. Now the Canons, and the Church do take from the Pope power in temporalities, which power john the two and twentieth usurpeth: this is one of those cases wherein the sentence of a Prelate is not to be feared. Another reason is, because by law that sentence is of no force, where there is an express error in the sentence: as if a subject should be commanded not to obey his Superior: or if something should be commanded against God, or against holy Scripture. Now it is manifest that john the two and twentieth hath commanded the subjects of the Empire, not to obey us, whom they are bound to obey by the laws of God and man. Another reason is, because it is a thing confessed, that the sentence which is given after a lawful appeal, is void and of no strength: but it is well known that from john the two and twentieth, and his Processes against God, and justice, we appealed to a general Council, and to the holy Catholic Church: which appellation was brought to the knowledge of the said john before he published Excommunication against them that favour us.] 145. If it be said the Pope hath no Superior, and therefore no man may appeal from him. To this the Emperor answereth thus: [It is manifest by the Catholic doctrine, that the Pope in matters of faith is subject to Counsels. 16. dist. sicut in tex. & in Gloss. 25. q. 2. sunt quidam. 19 di. Anastasius. 40. di. Si Papa. Moreover in matters of divine right, a Council is above the Pope. Thus than we have appealed to a Superior, that is to a general Council, against our adversaries who impugn us, the Empire, the Catholic faith, which the holy Church of Rome handleth.] This is the sum of that Decree which the Emperor published against the Pope: it was dated at Franckfort the eighth of August, Anno one thousand three hundred thirty and eight. The process of this worthy Prince giveth us occasion to consider some things which declare the sense, judgement and Religion of the Ghurch of Rome at this time. By the Church of Rome I understand these Western parts of Christendom, for so I find it termed here, and otherwhere separate and distinct from the Pope. 146. For first by this appeal from the Pope to a general Council, we find that it was the judgement and common received sentence of that age, that a general Council is above the Pope, may judge the Pope, censure and depose him: this is here declared and confirmed: this was not only the doctrine of the Church then, but long after it continued, and was never denied by the Church of Rome, before the Council of Trent, as hereafter we shall declare. Moreover we find a distinction observed by the learned men that held this Assembly (that is by the Prelates of the Empire, for so the Decree runneth, De concilio ac assensu Praelatorum omnium, etc. And many other learned men of Christendom, yea many Friars which were here assembled, especially the Minorites, who were then oppressed by the Pope) The distinction, I say, between the Pope and his flatterers on the one side, and the Church of Rome on the other side. For the Emperor appealeth from the Pope, to the Church: and this was a practice used by divers, as hereafter we shall observe. Then the Pope and his flatterers did not represent the Church of Rome, as now they pretend to do. Again we observe that the Emperor being defamed for heresy and appealing to a general Council, as he denieth the Pope to be his judge, so he refuseth not to be judged by the Church: for as S. Ambrose saith, Imperator intra Ecclesiam, non supra Ecclesiam est. Then the authority of the Church bindeth the greatest members Ora.. in Auxent. thereof, even Kings and Emperors. If our adversaries object against us and our Church: why then do you give to the King the Title of supreme head or Governor of the Church? We answer, such objections proceed from an obstinate and wilful ignorance in mistaking of our doctrine. For when the question is of jurisdiction external coactive, we give to the King the place of a supreme judge: but if the question be of faith and Religion, we say the King is no judge, but to be judged by the Church: as we see godly Princes have been, and namely this worthy Prince lodovic, who being accused of heresy by the Pope, appealeth to the Church. 147. Last of all we observe in the sense and judgement of this Emperor, and of the learned men that were assembled with him, that in the point of jurisdiction no such thing is left to the Pope as he claimeth. For in matters of faith, the jurisdiction is in the Church, as here it is acknowledged: in matters of coactive power the jurisdiction is in the Emperor; as all these learned men did yield in this Council, and after the Council did maintain by their writings. For we find the same truth maintained by William Ockham, Marsilius Patavinus, Michael Caesina, and many more, who with great courage and learning did maintain the emperors jurisdiction herein against the Pope's usurpation. This wisdom and moderation of the Emperor in defending his right, not only by force of Arms, but by learning and judgement, moved the Pope who succeeded john the two & twentieth; that is, Benedict the twelfth, in spite of malice to give him many ho●…orable testimonies: to promise to restore him by absol●… ag●…ine to this place. But the Pope did but fraudulently put him off from day to day: which thing when the Emperor perceived, he called a Diet of the Empire at Rensium, where he did with that wisdom, courtesy, and liberality bind the Prince's electors to him, that they took a solemn Oath to maintain the liberties of the Empire, and decreed that all the processes of john once Pope, against Lod●…uick were of no force: and that the Pope ought not to attempt such things against the Emperor, seeing their jurisdictions were so much distinct. 148. Clement the sixth sucoeeded Benedict the twelfth: this Clement falling into deeper fits of rage against the Emperor, than his Predecessors had done, commanded Letters to be Cuspinian. Naucler. fixed upon the Church doors, filled with threatenings and curses against lodovic, if within three days he did not make satisfaction to God and the Church (by the Church understanding himself) & utterly desist from administration of the Empire. When three days were expired, he pronounced him contumacious, and thundered out his excommunication. The Emperor sent his Ambassadors, c●…auing pardon, promising satisfaction for any thing he had done amiss to the utmost of his power: whereupon the Pope prescribed him a form of reconciliation: hard, shameful, dishonourable; that he shall confess against himself all heresies and errors: that he shall relinquish the Empire, and commit himself, his children, & all his goods to the Pope's mercy. This the Ambassadors sealed and confirmed: But when this form of reconciliation prescribed by the Pope, came to the emperors fight, he sent copies thereof abroad to all the Princes: and presently called a Diet at Franckfort: the Princes judged the presumption and pride of the Pope to be intolerable, and therefore rejected this prescribed form of his, as being devised to the bane and ruin of the Empire; and promised the Emperor assured and faithful aid, if he would maintain the liberties of the Empire, as he had done. The Pope like a Tiger disappointed of his prey, en●…red into a deeper con●…piracy against 〈◊〉, purposing an utter extirpation of him and his posterity, as the Popes his predecessors had done before, to the house of Suevia, exter●…ninating all the seed and posterity of the frederic. 149. And therefore this Clement at Mass curseth Frederi●…k again, reneweth all the processes of john the two and twentieth against him, declareth him to be heretical and schismatical: Anno 1346. Naucl. gener. 45. deposeth him from the Empire, and commandeth the Princes to proceed to a new Election. To effect his purpose the better, he removeth Henry de Wirtenberg from the archbishopric of Mentz; this man was deposed because he favoured Lod●…uick, and in his place he set Gerlac his Chaplain. Gerlac the new Archbishop calleth the Princes to Rhein's: and to go through with his business which▪ the Pope had given him in charge, corrupted the Archbishop of Colon, and the Duke of Saxony with great sums of money, to consent to the Election of Charles son to the King of Bohemia. They did so: and Charles was elected ●…t Rhein's: and afterward crowned at Bouna. But after this, when Lodouicke●…oned ●…oned the Princes Paralipom. Vsperg. An. 1346 of Germany to Spire, there was not one found in all the Cities of Rhine, Suevia, Franconia that regarded the election of Charles, or the Pope's process. The administration of Mentz was by Lodoui●… committed to another. After that Lod●… had thus with great moderation and courage maintained his estate, against the Pope and Charles, so that his adversaries had no hope to preu●…ile against him by force; the next news was, Lodo●…icke was of a sudden f●…d dead. This is the singular luke of those Princes, that falling into the offence of the Pope, will not be overcome by force. Some write that he was poisoned as he was to go on hunting, that by the agitation of his body, the poison might work more effectually. Charles the fourth. 150. AFter the death of lodovic, Charles the fourth, whom the Pope advanced to the utter ruin, not of lodovic only, but of that Empire, did by the instinct of his Ghostly father lay the Empire in the dust so low, that it never rose up to any such height, as before him it held. At his Coronation the Pope bound him with an Oath never to come to Rome, nor to make longer abode in Italy then the Pope himself thought good. Now to make Charles to waste and consume Cuspinian. vit●…. Guntheri. the revenues of the Empire, this cunning was used: divers competitors of the Empire were set up against him: to 〈◊〉 one competitor he gave two and twenty thousand Marks, and two imperial Towns in Thuringia: to Frederick marquess of Misna, ten thousand Marks. There were at Cuspin. in vit●…. Caroli. Milan at this time, they who were called viscounts, who grew great and practised their tyranny, oppressing the Cities of the Vicecomites. Empire. The Pope desired that they should be repressed, but so that himself might be advanced: and therefore by the help of Charles he got many Cities out of their hands: Charles being thus drawn to dilapidate the revenues of the Empire, dealt also secretly with these viscounts, to whom for a great sum of money he sold Milan, and confirmed them in a perpetual Auentin. l. 7. Naucl. gener. 46 Office, to be Vicars of the Empire: after which time, these viscounts rose to a great Dominion in Italy. The Kingdom of Arles which O●… the first had conferred upon the Empire, he delivered to the French King for a great dinner at a Town ●…eere to Avignon. Sixteen Cities of Suevia part of the Empire he sold to the neighbour Princes: Bopardia and Wesali a imperial Cities, he mortgaged to Cuno Archbishop of Triers. Lusatia he confirmed to the Kingdom of Bohemia for ever, corrupting the Archbishop of Magdeburg for a great sum of money to sell the right of his Church: for the Archbishop before that time, held Lusatia of the Empire. That Wenceslaus his son, a man given to idleness▪ riot; and pleasure, might be chosen Emperor after him, he practised a new Navel. gener. 46 AEnaeas Silvius. hist. B●…hem. cap. 33. example, promising to every elector an hundredth thousand Crowns: and wanting money to perform this promise, to some he mortgaged the revenues of the Empire: to the Palatine of Rhine he mortgaged Caesarea Luthrea, Oppenheim, Odenheim, Ingolheim for an hundredth thousand crowns: By this means the Majesty of the Empire was thrown so flat on ground, that since it could never hold up the head. This the Pope long sought, and at last by means of his unblessed son Charles effected. Wenceslaus. 151. AT this time began a schism in the Church of Rome between Vrban the sixth, and Cl●…ent the seventh. This was the greatest schism, the most terrible, and Ann●… 1379. longest that ever was in that Church: it held fifty years, and could s●…arce be appeased by two general Counsels of Pisa and Constance. In this schism Wencestaus favoured Urban: in whose behalf he sent his Ambassadors to Clement, whom Clement used without all clemency; for in a savage manner he Naucler. tortured them with exquisite tortures. After this Boniface the ninth devised a new practice to rob the Churches of Christendom, imposing the use of Annates upon all Benefices: that whosoever obtained a Benefice, should pay one half years profit Anno 1400. Na●…cl. gener. 47. to the Pope: some say that john the two and twentieth first devised this robbery. Whosoever invented it, the Popes like unsatiable Harpies devising all means to bring confusion and misery upon the Church, to satisfy the Horseleech that will never be filled, increasing in covetousness, increased these Annates in times, and brought them to first fruits: raking one whole years profit away from the Incumbents: Wherein of these Harpies we may say, as the Poet saith of those other Harpies: Vestigia fada relinqu●…t: But the godly Princes of Christendom Virgil. AEn. li. 3. are to be entreated in the behalf of God, to remove these grievances from the Church, which the insatiable covetousness of Popes brought in. And seeing they have removed the Harpies themselves, why should they leave the marks of their abominable covetousness to the eternal oppression of the Church? Why should these unclean spoils be found in the hands of godly Princes? It would be the eternal honour of our Princes, not to change the oppressor, but to remove the oppression. It was the honour of this land, that when the Pope had oppressed all other Churches, only the Church of England was free: Hanc consuetudinem omnes ad●…isere, praeter Anglos, saith Naucler. It was first imposed in the year one thousand and four hundred: it was not used in England when Naucler wrote, as he witnesseth: that is not before the year one thousand five hundred, so odious an abuse, so lately bred might soon be removed, if the cup of these sweet wines, wherein the Pope began, had not beguiled many men. 152. When Boniface the ninth had begun this oppression: much money was thereby gathered from the Clergy throughout the emperors Dominions: the money being thus collected, was detained by the greedy Emperor Wenceslaus from the more greedy Popes. This turned the hearts of the Popes against him: therefore Gregory the ninth deposed him and set up Rupertus Count Palatine of Rhine against him. George King of Bohemia. 153. AFter the death of Ladislaus King of Bohemia▪ who died without issue, two great Kingdoms of Bohemia and Hungaria, with the Duchy of Austria being vacant: many Princes sought the Kingdom of Bohemia: Charles Naucler. King of France, whose daughter Ladislaus married, would have placed one of his sons. Casimire King of Polonia having married a sister, sought it in her right: so did Guilliam Duke of Saxony, who married the elder sister of Lad●…slaus: Sigismond and Albert Dukes of Austria were in good hope: and Frederick the Emperor would have had the administration of the Kingdom, because the homage due to the Empire had been neglected. When the day of Election came, 〈◊〉 〈◊〉 was chosen King, and afterward confirmed by Frederick the Emperor; but Paul the second, finding that this George favoured Platin. Paul. 2. the Hussites, or as Platin●… saith, daily withdrew himself from the body of Christianity (meaning from the obedience of the Pope) did excommunicate and depose him, setting up Mathi●… King of Hungary against him. Mathi●… gave the Bohemians Palmer. a great overthrow in the year one thousand, four hundred and 〈◊〉: and with such mortal hatred was Pope 〈◊〉 set against this King, that he sent many Bishops to negoci●…te these wars, and to raise up the Hungarians and Germans against him; and so far prevailed, that he e●…tinguished all the posterity and descent of George, and would, saith 〈◊〉, utterly have rooted out all the name and memory of the Heretics, unless the Polonians had stayed 〈◊〉. For the Polonians Platin. Paul. 2. claimed the Kingdom of 〈◊〉 as due to them: 〈◊〉 being already busied enough with the wars of the Turk, thought good not to draw new trouble●… upon himself by provoking the Polonians. Thus the Pope rested at that time contented with the blood of George, and his children, seeing the power of his malice could then proceed no further. King john of Nau●…rre. 154. POpe julius the second, the scourge of Christendom in his time, used the like courtesy to Ioh●… King of Navarre; for when this Vicar of Christ 〈◊〉 raised wars against the French King, Ioh●… King of Nau●…rre held, as he had reason, with the French King, being a Frenchman by birth, and having the greatest part of his pa●…imony in France. 〈◊〉 King of Arragon then favoured the Pope. This 〈◊〉 prepared war against the French King: and to turn the minds and speech of all men upon the French wars from that purpose, which secretly he intended, he entreated Henry the ●…ighth King of England, to send him an Army to help him in the wars of Fran●…e. King Henry haui●…g married the daughter of Ferdinand, sent him six thousand footmen: these came to the Frontiers of France, and there stayed long for the army of Ferdi●…nd: who for his better passage into France, required of I●…hn King o●… Navarre (through whose Dominions he was to pass) that he would deli●…er up to his hands, three of the strongest Castles that he would demand; the request as unjust was denied by the King of Navarre: Ferdina●…d referreth the matter to the Pope. The Pope I●…lius not regarding the justice or injustice of the cause, pronounceth the King of Navarre a Schismatic and Heretic, for favouring the French King: and therefore depriveth him of his kingdom, and giveth his Nebress. lib. 1. cap. 3. right to Ferdinand. Who thereupon sent his army of a sudden against the King of Navarre, who fled into France. Thus was the kingdom●… of Navarre surprised, and no title pretended saving only the Pope's excommunication. The state of Venice. 155. IT were too long to recount all the mischiefs and miseries, that the Pope's Excommunications have brought upon Christendom; I have collected the chief and most eminent, and will end this discourse with the memory of that affliction and desolation which the Pope brought upon the Venetians. Iul●…s the second, following the steps of his predecessors, brought an army before Bononia, besieged the town, and took it. The family of the Bentivoli he utterly ruinated, killing some, banishing other: When thus he had overthrown the Bentivoli. Then he set himself in like sort, to root out the Venetian name: Ad venet●… 〈◊〉 excidiu●…, saith 〈◊〉. The better to effect the malice against the Onuphr. jul. 2. Venetians, he drew 〈◊〉 the Emperor, the French King, the King of Spain, the Duke of Ferrara, and the Duke of Mantua into a league: when first himself had excommunicated and c●…sed them, he set all these upon them at once. The Pope made choice of a fit time to do them the greatest hurt he could: for a little before this the state of Venice was brought so low, that a weak enemy might soon have ●…dangered them; having had their whole army brought unto Internetion at Abdua: after that overthrown in a great battle, by jews the French King; their chief generals, Livianus taken prisoner; Petilianus put to flight. The Pope took the advantage of this their weakness, and seeing them falling, laboured to thrust them headlong, that they might never be able to rise again. M●…ximilian took Verona, Vicetia, Padway, Carni; the French King surprised Bergamum, Brixia, Cremona, & Crema: the Spaniard won Tranum, Monopolis, and Barletta in Apulia. The Pope's share was Ravenna, Ariminum, & all Aemilia. The Duke of Ferrara got Rodigium: and the Duke of Mantua Asula. Thus was that noble state brought in manner to utter ruin. 156. julius having thus satisfied his malice, and obtained his purpose in some measure against the Venetians, being led by a spirit that would give him no rest, began to turn his furious wrath in like sort against 〈◊〉, contrary to his faith often promised, and confirmed in the public assembly of the States. And so furious was this Vicar of Christ, that himself led the Army, using these words, as he went out of Rome: that seeing Saint Peter's keys would not prevail, he would try what Saint Paul's sword could do: and so he threw the keys into Tiber. 157. And thus when the Princes of Christendom shall recount their miseries, the spo●…le and desolation of their kingdoms, the ruin of ancient houses, the vexation of their subjects, the circumvention of their persons, the ex●…irpation and extermination of many noble families, the bloody war, and by reason of wars, all the troubles and calamities of Christendom: then must the Pope come to remembrance (with his excommunication as a firebrand in his hand, taken out of the infernal pit, and carried in the hands of these furies) who only hath brought all these troubles upon the Princes of the earth: so that since the time that he began to exercise his excommunication against Princes, there hath not been much wars in these western parts of Christendom; but such as the Pope himself hath raised, dashing one Prince against another; when first he had cast them into a deadly sleep to make them insensible of the wrongs which he hath done them: but when they are awaked out of their sleep, they will remember all. For the Popes as the great conspirators against the States of Princes, have set Friars their resolute creatures to practise all secret treasons against the persons of Princes. And because this cannot be done without great bloodshed, they come resolved to shed blood like hungry wolves: so headlong are they carried herein, seeking a temporal jurisdiction over Princes, secretly by the conspirac●…e of Friars, openly by their excommunications: that if the world should stand long, before the Pope with his Babylon be overthrown, we have reason to think that the Pope's will in time utterly cast off and reject the mask of religion, wherewith they cover their practices now, and will in plain terms quarrel the Princes of Christendom, for their Temporal right and jurisdiction. And then will the Princes think it is time for them to awake. CHAP. VIII. Wherein is declared what opposition this jurisdiction found in the Church, after it was thus established by Popes: It was confuted first by particular learned men: then by general Counsels. 1. AFter that this jurisdiction, thus devised and maintained, began to be well known in Christendom: men of learning and judgement began to be moved with the novelty, and examined the whole matter with care and industry: the occasion which first moved them to examine this question, was the defence of this strange jurisdiction: first claimed by the Popes, and afterward more fully disputed and maintained by ●…ugustinus Triumphus 〈◊〉: who was set on work upon this task by the Pope. For in the end of his book we find this written: 〈◊〉 i●… su●…ma d●… 〈◊〉 Ecclesiastic●…●…dita à fr●…tre 〈◊〉 Triumpho 〈◊〉, in sacra 〈◊〉 magistro, 〈◊〉 Eremit ●…rum sancti Augusti, 〈◊〉 〈◊〉 22. 〈◊〉 M. A●…. 〈◊〉. 1320. Where we find from what spirit this defence of this new jurisdiction proceedeth, con●…ing from the especial direction of the Pope. This 〈◊〉 proceedeth herein according to his direction, concluding all jurisdiction both Spiritual and Temporal, to be from the Pope. 2. Which thing though it seemed strange, new, absurd: yet in truth 〈◊〉 could no less then publish (for he laboureth not so much to prove it, as to publish it) the Pope's challenge having undertaken the business. Fo●… the Popes before this had begun to prescribe in their Canons so much, that their flatterers had their rules now prescribed to them, ●…ow far they must stretch their consciences for the mainetenance of jurisdiction. For ●…ither they ●…ust maintain all that the Popes had taken upon them, or else give over the cause as desperate. From this spirit and direction, Triumphus entereth into this cause, as an hireling speaking for his fee: taking this ground, that the Pope is as directly lord of the whole world in Temporalibus: as he is the head of the universal Church in 〈◊〉; and that he hath directly Sovereign authority in respect of such his worldly Dominion over all Emperors, Kings and Princes to dispose of them and their kingdoms. This opinion is now strongly maintained by the jesuits, and hath been of late by Tho. Boz●…us, Francisc. Bozius, Card. Baron●…us, Zecchus Carerius, and other. But because Triumphus is, as I take it, the first Friar that hath handled this question on the Pope's behalf; and the learned men that first wrote against the Pope's jurisdiction, have been moved thereto by his writings, as al●…o because the book is rare to be had: I will set down some of his 〈◊〉 po●…itions; that the Reader may the better understand what it is which they seek, and what is that against which these learned men that I am hereafter to produce, do oppose themselves. 3. One po●…ition of 〈◊〉 is this: 〈◊〉 〈◊〉 〈◊〉 Qu. 1. art. 1. & 〈◊〉 ●…st 〈◊〉 〈◊〉 〈◊〉 ●… De●… 〈◊〉 & aliis Pr●…latis Ecclesi●… i●… quib●… residet potest●… 〈◊〉: which he pro●…eth by such reasons, as need no other re●…utation, saving only the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 justin. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. recital thereof. For it was truly said of 〈◊〉 Martyr, that to know and truly to understand an absurd reason, is a sufficient refutation thereof. His reason is: 〈◊〉 potesta●… est data in 〈◊〉 alteri, per qu●…m habet instit●…i, regulari, ordinari atque 〈◊〉 si ●…ona sit: & per quam habet iud●…cari si 〈◊〉 〈◊〉 sit: sed talis est potestas s●…cularium Imperatorum, regum, etc. Quia per potestatem Pap●… habet institui, regulari, ordi●…ari si b●…a fit, & p●…r ipsam habet condem●…ari & judicari ●…i mala sit. [That power is given for service to another, by which it must be instituted, o●…dered and confirmed being good, and judged being evil: but such is the power of secular Emperors and Princes etc. For by the Pope it must be instituted, ruled, and ordered being good, and by him it must be condemned and judged being evil.] All the proof that he bringeth for this, is: that Pope Z●…chary deposed the French King C●…ilperic and set ●…p 〈◊〉 in his place. A●… other reason is this: Illa p●…testas est i●… 〈◊〉 〈◊〉 alteri▪ ●…i 〈◊〉 ●…delitatis pr●…stat, & ab ea 〈◊〉 esse ●…ne quod habet: sed omnis potestas saec●…arium Principum, Imperator●…, & ●…iorum ●…st ●…alis▪ Dist. 63. Can. cum tib●… 〈◊〉. [That power is given and subjecteth for service to another to whom it yieldeth an Oath of Alleagean●…e, acknowledging all that it hath from the same: but such is all the power of temporal Princes, Emperors, and such like.] Again he saith thus: S●… 〈◊〉 quandoq●…e 〈◊〉 ●…mperatores de●…isse aliqua 〈◊〉 sum●…is 〈◊〉, sicut 〈◊〉 ●…edit Sil●…estro: h●…c non est 〈◊〉, ●…os d●…re quod s●…m est, sed restituere qu●…d inius●… & ty●…annice ●…blatum 〈◊〉. [If sometimes we find that some Emperors have given some ●…emporalities to Popes, as 〈◊〉 ga●…e to Siluest●…: we must not think that they gave that which was their own, but only restored that which unjustly and tyrannically was taken from Popes.] These things are such that in the judgement of all men, that are not destitute of judgement, need no re●…utation. He saith also in the same place: Potest●… omnis 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 sub●…legata respectu 〈◊〉 Pap●…. [All power of Empero●…s and Kings, is to them delegated by the Pope's power.] This is the jurisdiction which is fought, a temporal jurisdiction over Princes: this doctrine was devised only to maintain the practice of the Pope's excommunication. And as this new and strange doctrine was found out for the defence of that new and strange practice, so the manner of the defence is no less strange: for he declareth that this jurisdiction for which he pleadeth so much, is not in the Pope as he is a Priest or Bishop, but as he is a Prince. It followeth then in his confession that this jurisdiction is proper to Princes, and not to Priests. For thus he saith: Papatus est nomen jurisdictionis, & no●… ordinis. That is [The Papacy is a name of jurisdiction, Q. 4. Artic. 2. and not of Order.] And again, Potest Papa habere omnem potestatem pertinentem ad Papam, & tamen ●…arere potestat●… ordinis. That is [The Pope may have all jurisdiction belo●…ging to the Pope, and yet be no Priest.] This new doctrine teacheth great wonders: that the Pope may have all jurisdiction, and be no Priest. The Jesuits and our own Popish Countrymen cry out against us, for giving jurisdiction to such as are no Priests, but only temporal Princes. It will be hard for them to accuse us, and defend their own Doctors. 4. Because this manner of maintaining the Pope's jurisdiction is gross to set him above temporal Princes in temporal jurisdiction, therefore divers since this time have sought to mollify this harsh manner of speech, by a distinction which they have found out of late, between Power direct over Princes and indirect: These men say that the Pope hath power to depose Princes, not directly, but indirectly, in respect of some spiritual good. But when they come to the application of this distinction, it appeareth nothing but a Mist to dazzle the eyes of men, wherein there is no simplicity or truth. Bellarmine is one of those that admitteth this Distinction, upon which Distinction granted by Cardinal Bellarmine, Master Blackwel thinketh he hath a good ground for taking the Oath of Allegiance. And when B●…llarmine reproveth him for that, he answereth him by his own Distinction: a reasonable answer; a●…d yet such is the Mist of this Distinction, that you can hardly tell whether of these two speaketh more cunningly. For Bellarmine saith, that the Pope hath power to depose Princes not In ordine ad spirituale bonum. l. 5. c. 6. de Rom. Pont. directly, but in respect of some spiritual good: but when Master Blackwell saith, that in his particular case the spiritual good of Catholics was respected. This Bellarmine will deny: for he will say that no private man must be judge of this spiritual good, but only the Pope. Now let the Pope be judge, and then this Distinction is as good as nothing: for whensoever the Pope deposeth a Prince, or dischargeth his subjects from their Oath of Allegiance, he will judge it to be for some spiritual good. So that in this understanding, and sense of Bellarmine there is no real difference between direct power and indirect. 5. In like sort when Master Blackwell saith, the Pope hath power to depose Princes indirectly, or in respect of some spiritual good, and judgeth the taking of the Oath of Allegiance to respect a spiritual good end, giving this reason: because the Examination of M. George Blackwell. Epist to Bellarmine. refusal of this Oath would bring upon us the ruins of Catholic families & the lamentable extirpation of the whole Catholic estate among us: We say the case of this man, and of those that depend upon him, is much better than the case of them that refuse the Oath: but yet to draw them a little further into the love of obedience, let us note the imperfection of his defence. We commend his action, and speak here only of his manner of defending it; for the reason that draweth him to obedience, and to take this Oath, is not a conscience of that commandment of God, which commandeth obedience to Magistrates: but the danger of Catholics, and of himself; which proveth an indirect obedience. So that in pleading for a verbal distinction of power, direct or indirect, they descry a real distinction of obedience direct or indirect. Now there is not much difference between these three opinions of them that hold the Pope's direct power, and his indirect power, and that say his power is to respect the present danger of the Catholics. For whatsoever Triumphus bringeth under his direct power, that Cardinal Bellarmine will reduce under indirect power: so that though they differ in the manner how this power cometh to the Pope, directly or indirectly, yet they both are agreed that the Pope hath this power; and this is also Master 〈◊〉 judgement. For remove the danger of his Catholics, and then he hath nothing to say against this power of the Pope, so that the question is not how he hath it, but whether he hath this power or not? Unto which question all Romance Catholics answer affirmatively, and we negatively. 6. Thus did those learned men conceive the question that first began to handle it: these later distinctions came in by such as would hide themselves in a mist, and seem to say something when they say nothing. Now let us declare the 〈◊〉 of those men that first came to the handling of this question of the Pope's power, after that it was fully made known to the world, by the Pope's decrees, and the writings of 〈◊〉 Tri●…phus. The first occasion that set men on work upon the stud●…e of this question, was partly, as I have said, the writings of 〈◊〉; but this occasion was ●…otoriously promoted by the unjust vex●…ions which the Popes offered to Lodo●…icke Duke of Bau●…re Emperor, in prosecuting of their pretended jurisdiction over Kings▪ and Emperors. This Emperor being persecuted by the Popes, as before we have declared, was desirous to know the judgements of the best learned men that then lived in the world; who with 〈◊〉 did search out, and by learning did ou●…rthrowe this new sophi●…ent right. The chief of them who then wrote ●…gainst the Pope's jurisdiction was Ma●…sitius 〈◊〉, and 〈◊〉 Oc●…. Of these and of some other that in one p●…rt or other have con●…uted this jurisdiction of Popes, I am now to speak in order. §. I. Obser●…ations out of the writings of Marsilius Pat. against the Pope's jurisdiction. 7. MArsili●…s about the year of Christ, one thousand three hundred twenty and four, set ou●… that book which he entituleth, 〈◊〉 pacis, wherein he shaketh the rotten and ruinous reasons of such as maintained this jurisdiction: because the book is written with great learning and judgement, I will record here some obse●…uations of his: for it seemeth that he had a purpose to re●…ute that former work of Triump●…us, though the truth is, he nameth not Triumph●…s throughout all his book: concerning this point of jurisdiction, one especial ground which he layeth, is this. Ab ●…fficio Part. 2. cap. 4. principat●…s si●…e 〈◊〉 jurisdiction is, 〈◊〉, so●… coactiu●… 〈◊〉 cuiuslibet in hoc s●…lo, Christ●…s seipsum & Apost●…los exclusit, & 〈◊〉 v●…luit. That is, [Christ hath excluded, and purposed to exclude hi●…selfe and his Apostles from principality▪ or contentious jurisdiction, or regiment or any coactive judgement in this world.] Which thing he prou●…th at large, both by Scriptures & Fathers because Christ ●…aith, his kingdom is not of this world; by which words coactive jurisdiction is excluded: as was the doctrine of Christ, such was his example of obedience: for he was always subject to the coactive power of the Magistrate. Thus by the ●…ound and clear Scriptures, with the expositions and judgement of the ancient Fathers, he resu●…eth that nouelti●… which had no other ground then the Pope's decretals. 8. Therefore he examineth the authority of the Pope's de●…retals, and giveth a learned and judicious distinction, declaring thereby how the Pope may be obeyed or not obeyed, commanding against the Emperor: for saith he, if the Emperor command any thing against the law of God, and the Pope command things agreeable to that law: thou must ou●… of doubt obey the Pope, and not the Emperor. But if the Emperor command something according to his imperial law & the Pope command something according to his decretals against the imperial laws: no man subject to the Emperor, aught in such things to obey the Pope. Which thing he proveth at large, because the civil Magistrate beareth the sword; because he is the Minister of God, the revenger of disobedience: because every soul is subject to him. Which things saith he, are not spoken of any spiritual Governor but of the Temporal Magistrate. For the Goue●…nours to whom in coactive Iu●…isdiction we must obey, are such as by armed power defend their Countries and people, which in no case can agree to a Bishop or Priest. 9 By such reasons he proceedeth, and proveth infallibly his purpose, and conclusion that no spiritual Governor hath from Christ any jurisdiction coactive; but this power is left wholly in the hands of the civil Magistrate. And thus doth cut in sunder the sinews of their disputations, who plead for the Pope's jurisdiction: which jurisdiction they make to consist in power coactive. Of the Pope's decretals (which then were lately devised Laws against the ancient jurisdiction of the Church, as also against the jurisdiction of Princes) he saith: Vt ipsi fabulantur in s●…is decretalibus, qu●… secundum veritatem nihil Part. 2. cap. 5. aliud sunt, quam ordinationes quaedam Oligarchicae, quibus in nullo obedire tenentur Chrsti fideles, in quuntum h●…smodi. That is, [As they babble in their decretals, which in truth are nothing but certain oligarchical ordinations, to which Christians are in no case bound to obey, as they proceed from the Pope.] Wherein he delivereth thus much, that these Canon laws or decretals, aught to have no force among Christians, unless they be confirmed by the laws of the land, and by Princes in their Dominions: so many as Princes shall think fit for the government of the Church in their proper Dominions, may be established, & being established aught to be obeyed, but not as the Pope's laws use, but as the laws of those Princes: for that is it which Marsilius saith, the decretals are not to be obeyed, in quamtunhuiusmodi. Now that all coactive power is by God delivered to the Temporal Magistrate, he proveth solidly from these words; he is the Minister of God to take vengeance: by vengeance Rom. 13. 4. all coactive power is understood. Neither doth he deny but that the Church governors may execute coactive power: but then they must have it from Princes, and from such Temporal powers which have the same. Which being expressly and distinctly written by him three hundred years ago, is no other thing then that which we now maintain: at which our adversaries seem to wonder, as at some new doctrine never heard before; when the same truth, after the sa●… manner been maintained by the learned men that have handled this question before us. Nec in quenquam presbyterum (saith he) aut Part. 2. cap. 5. non pres byterum con●…enit coacti●…am in hoc saeculo jurisdictionem habere, quenquam Episcopum, si●…e Papam, ●…isi eadem si●…i per humanum legis●…atorem concessa fuerit, in cui●…s potestate semper est hanc ab ipsis revocare. That is, [No man, Priest or not Priest, can have jurisdiction coactive in this world, Bishop or Pope: unless it be granted to them by the human lawmaker, in whose power it is at his pleasure to recall it from them.] 10. Concerning the right of calling Counsels, his determination is this: If a cause of religion rise in question, the Pope, saith he, may signify the same to the chief Temporal Governor: but the authority of gathering and calling the Council, belongeth to him that hath coactive jurisdiction; and aught to be gathered by his coactive precept. When it is gathered, he leaveth the first and chief seat therein to the Bishop of Rome: he gi●…eth him the honour to propose the matter; to collect all together that is spoken: to communicate the things determined to others; and to excommunicate the transgressors. And all this to do, not at his own pleasure, or upon his own head; sed ex concilij sententia: only by the direction of the Council. This principality he yieldeth to the Bishop of Rome, and to that Church, so long as thus it standeth, and so long as it doth nothing to the contrary whereby this honour may be justly withdrawn. Secundum qu●…m modum (saith he) Part. 2. cap. 22. Romanae urbis quamdi●… extiterit, obicemque ad hoc non apposuerit populus ille etc. poterit licitè ac debebit i●…m ●…ict a principalitas in Episcopo & Eccle●…a continue reseruari. That is, [According to which manner this principality may lawfully and aught to be reserved always, for that Bishop and that Church as long as it thus standeth, and doth nothing to the contrary. This honour (if the Pope would have held himself contented therewith) might long time enough been reserved unto him. But when this could not content him, but he must have all jurisdiction over the Church, and over secular Princes: if he find not that honour yielded to him which he expecteth, he may thank himself; because he hath procured his own contempt, and by usurpation of undue honour, he hath lost that, which though it was not due to him, yet from some custom was given, & might have been continued to this day, if himself had not caused the Church to withdraw it: For (saith mine Author,) Licet circa 〈◊〉 Eccl●…sia, 〈◊〉 Episcopi & Ecclesiae fidelium neque divina Part. 2. cap. 22. neque 〈◊〉 leg●… aliq●… obligarentur 〈◊〉 〈◊〉 is aut institutis Ecclesia vel 〈◊〉 R●…manorum, plusquam ●… 〈◊〉: 〈◊〉 〈◊〉 ●…e 〈◊〉 & rationabili 〈◊〉, qua fideles in unitate amplius seruabantur, eo quod tune fideli 〈◊〉 legislatore ipsos in ordine reducente, 〈◊〉 in v●…itate servant, etc. That is, [Albeit about the beginning of the Church, other Bishops and Churches of believers were not bound by any divine or human law, to obey the mandates of the Church or Bishop of Rome, rather than the contrary: yet this profitable and reasonable custom prevailing, by which believers were better kept in unity, because they wanted then a Christian Magistrate to reduce them to order and preferue them in unity: therefore they were afterward bound, as by a divine law to this obedience, in things honest and lawful.] 11. But because the Popes and their flatterers did cover all their practise●… with pl●…nitudo 〈◊〉, as with a mist: therefore he doth with great light of learning and truth, dispel that mist: This saith h●… is, Lo●…us 〈◊〉, ●…nde etiam paral●…gismus, qu●… reges & principantes ●…o sing●…los coactiva 〈◊〉 〈◊〉 subiectos 〈◊〉 〈◊〉 tr●…xit origine●…. That is, [This is a Sophism, whence that Paralogism drew his beginning, by which they strive to draw Kings and Princes, and all other under their subjection by coactive jurisdiction.] And therefore i●… he belaboreth ex●…ctly and at full to open this fallation of fullness of power: the su●…e whereof is this. By a pretended fulne●…e of power the Pope wi●…hout ground or reason, only led thereto by pride and ambition, intruded upon the right of jesus Christ, and upon the right of the Church, and upon the right of Temporal Princes, wresting all authority to himself, & this he calleth fullness of power. ●…or i●…by fullness of power be understood t●…at power whereby all men and all creatures are commanded and directed to what end the commau●…der will: this power is given only to jesus Christ, and to no other man: according to that Scripture; all power is giue●… unto me in heaven and in ●…arth. Mat. 28. 18▪. But if by fullness of power, be understood power to preach, to excommunicate, to bind, to loose, to interpret Scripture, to determine controversies; this power is in the Church: partly in Bishops, partly in doctors, partly in Counsels, and not more in the Pope then in another Bishop. Last of all, if by this fullness of power be understood Sovereign jurisdiction coactive, than it is in Temporal Princes. Marsiliu●… maketh more parts hereof▪ b●…t I draw him summarily, and presume that to these three heads all that he saith may be reduced. 12. And therefore whereas the Pope claimeth such ●… power, intruding upon the right of each of these, he saith: Ex vn●… Part. 2. cap. 23. 〈◊〉 in 〈◊〉 ●…ransiuit Roman●…s 〈◊〉. Th●…t is, [The Pope hath from one presumption passed into another. The same Author declareth how the Popes proceeded in these their encroachings upon jurisdiction. First, saith he, they made some Ibid. constitutions to govern the Clergy: then they proceeded by way of exhort●…tion & entreaty, to persuade the laity to keep fasts, & to abstain from meats. When they saw that lay-men did willingly receive su●…h observations, them they proceeded to ordain the same things as laws, & to denounce excommunication against the transgr●…ssours thereof. And all this was done, saith Ibid. he, Su●… 〈◊〉 & diuin●… cul●…us speci●…. That is, [Under a show of godlin●…sse, and the worship of God.] The same Author adde●…h, Cres●…ente autem 〈◊〉 ipsis app●… 〈◊〉 ampli●… domi●…di, attendentib●…s deuoto●… fideli●… 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ignauia●… & diuin●… 〈◊〉 〈◊〉, qui ad ●…a 〈◊〉 sacerdote●… indicebantur▪ obligari credeban●… 〈◊〉 〈◊〉 aetern●…; praesumpseru●…t 〈◊〉 Episcop●… Roma●…i, cum suo clericoru●… coetu, ●…ligarchica quaedam edicta 〈◊〉 〈◊〉 actus 〈◊〉, etc. That is, [But as the appetite of ruling, farther continually increased in them, when they saw that de●…ote Christians were kept in fear with such proceedings, through slothfulness and ignorance of God's worship: which (Christians ignorant) thought themselves bound under the pain of eternal damnation, to all that was enjoined them of the Priests: then the Bishops of Rome with their Clergy presuming further made certain oligarchical Edicts concerning civil actions. Thus saith he, the Bishop of Rome began first to practise expemptions. And that he might draw a number of the laity into the love of those practices, he extended these exemptions to divers companies of Lay persons, and so defrauded the Magistrate of due honour and obedience, and brought in that confusion whereof the same Author complaineth thus: H●…c est pestilentiae Italici regniradix & origo, ex qua cuncta scandala germinaverunt prodeunt etc. Qua stante, nunquamciviles ibidem cessa●… discordiae, p●…testatem enim hanc ad quam paulatim & latenti pr●…aricatione subintravit ex consuetudine aut abusione verius, dudum detinuit Rom. Episcopus, eandem sibi per principem revocari formidans, & merito propter commissos excessus: creatione●… atque 〈◊〉 Rom. Principis omni maligna sollicitudi●… vitat. That is [This is the root and fountain of the pestilence which troubleth the Empire, from whence all scandals grow and proceed, and which standing, civil discords shall never cease in Italy, for the Pope fearing that this power may be revoked by the Emperor, and that deservedly for the excess committed therein: into which power he hath by little and little stolen by secret prevarication of custom, or to say more truly, of abuse, having holden it some while: he hindereth the creation and promotion of the Emperor by all malice and spite.] Whereupon, saith he, some Popes have broken out into such impudence, as in their Decretals is to be seen, that they a●…ouch that the Emperor is bound to them in an Oath of Allegiance, as if the Emperor were under them subjecteth by coactive jurisdiction. 13. Then Marsiliu●… hath discovered the reason why the Popes have so much opposed themselves against the Emperors, to be, because they were afraid lest the Emperors should call them to a reckoning for their Exemptions, for the abuse of their excommunications, for intruding themselves into the office of the civil Magistrate, and taking a new authority upon themselves from themselves without warrant of the Emperor. This is that thing which caused them to stir so much against Emperors, and at last to procure the decay of the Empire so much, as at this day they have made it so weak, that now they are out of the fear thereof. Other things for brevities sake I omit: this is sufficient to understand what reason learned men had then to withstand the Pope's jurisdiction. This book of Marsilius was never answered, and hereafter is not like to be. But john the two and twentieth, against whom this book was intended, did in stead of answering, condemn this worthy Writer: which thing was much more easy for him to do. §. II. William Occam and Michael Cezena. 14. BUT the truth could not be supp●…ssed thus. For other learned men devoted to the service of the truth, entered into a further search of this jurisdiction, among whom Michael Cezena and William Occam were famous. The occasion whic●… stirred them up to make search of this point, was this: Michael Cezena General of the Order of the Minorites refuted three Constitutions of Pope john the two and twentieth; Ad conditorem Canonum: Cum inter: &, Quia quorundam. These he refuted and sent his books abroad against these Constitutions; whereupon john the two and twentieth deprived him, and disabled him from taking any other dignity. But Michael appealed from the Pope. 15. Here arose the question, whether a Christian might appeal from the Pope. William Occam once a worthy fellow of Merton College in Oxford, undertook this question, & disputeth it thoroughly, in that book which he entitleth Opus nonaginta dierum. He concludeth that a man may and might appeal from the Pope, and that a Council is above the Pope. And saith, that many more learned men wrote divers books at that time, for confirmation of the same truth, wherein they allege strong reasons to prove their purpose, and answer all doubts. Cap. 1. De ista materia (saith he) plures libri prolixi sunt editi, in quibus praedicti 〈◊〉 motiva adducunt quam plurima, obiectiones refellunt, & quae possunt oriri dubia, declarare nituntur. That is [Of this matter many long books set forth, wherein these foresaid Disputers, allege many reasons, refute objections, and seek to clear all doubts that can rise.] Of the Pope he saith thus: Ioh●…es 22. co●…scius 〈◊〉 suor●… ad iudici●… generalis concilij ve●…ire recusat. That is [Pope john the two and twentieth, his own consci●…nce accusing himself of his errors, refuseth to come to the judgement of a Ge●…erall Council.] Thus the Pope hath ever been afraid of a General Council, since the time that first he usurped jurisdiction. The same Author confuteth the Cap. 2. Constitutions of Ioh●… the two and twentieth, first by Scriptures, then by Canons of Counsels, and testimonies of holy Fathers, and last of all by the determination of the Church of Rome. And for this question of jurisdiction, because the Popes than began to challenge temp●…rall jurisdiction over Princes, his assertion Cap 93. is; ●…eatus ●…etrus non fuit vicarius Christi, quantum ad officium reg●…i temporalis, nec in ●…omporalibus qusb●…e. That is [S. Peter was not Christ's Vicar in respect of a temporal Kingdom, nor in respect of any tempo●…alities whatsoever.] Which Assertion he proveth thus: If it were so that S. ●…eter were Christ's Vicar in temporal Dominion, then should S. Peter have jurisdiction over Emperors and Kings: but this the Popes themselves Dist. 96. cap. cum ad verum deny, for Pope Nicholas saith thus: Quu●… ad ver●… ve●…tum est, nec Imperator iura sibi Pontificat●…s, etc. That is: When we come to know the truth, neither hath the Emperor taken upon him the right of the Pope, nor the Pope usurped the title of the Emperor, for one Mediator of God and man jesus Christ hath distinguished the Offices of both these powers by their proper actions and distinct dignities. Ex hi●… (saith Occha●…) datur 〈◊〉 quod Rom. Pontifex ex successione Petri non habet jurisdictionem temporalem super 〈◊〉. That is, [Hence we may understand, that the Pope by succeeding Pet●…r hath no temporal jurisdiction over the Emperor. 16. Against this determination he moveth some obiectious or rather taketh the ●…easons of 〈◊〉 Triumphus, and maketh them his objections, though he suppress the name of 〈◊〉. The obiectious are these: First, The Pope deposeth Kings, 15. qu. 6. cap. ali●…. Secondly, The Pope trauslated the Empire, Extra. de Elect. cap. venerabilem. Thirdly, The Emperor Cap 93. taketh an Oath of Allegiance. These are the reasons of Augusti●… Triumphus, whereunto he answereth thus. To the first he saith: Ration●… eriminis habet spiritual●…m jurisdictionem, non temporalem. That is [In respect of some fault he hath spiritual jurisdiction, but not temporal.] Then all the jurisdiction which the Pope or any other Bishop hath, is only spiritual in his opinion, in respect of sin which may be censured by spiritual censures. But a power to depose Kings includeth temporal jurisdiction. To the second he saith: The Pope translated the Empire: Non in q●…antum successor Petri, sed authoritate Romanorum qui sibi potestatem huinsmodi concesserant: That is [Not as the successor of Peter, but by the authority of the Romans, who granted him that power.] To the third he saith; the Emperor that first took an Oath of Allegiance, did it from devotion and humility, and therefore afterward refused it. Marfilius answereth to this last objection somewhat otherwise, for he utterly rejecteth the testimony of that Canon, that witnesseth that the Emperor took an Oath of Allegiance. Inta●…tum Part. 2. cap. 22. vero ipsorum quidam prorupit a●…daciam (saith Marsil.) ut in suis edectis expresserit, Romanum Principem sibi iurame●…o fidelitatis ástringitanquam coacti●…a I●…risdictione subiectum, ut ex suarum narrationum quas decretales appellant derisibili & contempt●… prorsus involucro * Septimo de Sent. etc. lege secund. de Sent. septimo de Sent & re i●…dicata palam se inspicientibus offered. That is [One of them (to wit Clement the fifth) hath broken out in such impudence in his Edicts, that he affirmeth the Emperor is bound to him by an Oath of Allegiance, as subject to him in coactive jurisdiction, as is openly to be seen in 2. de Sent. & re ●…udic. out of that ridiculous and most contemptible collection of their Narrations, which they call Decretals.] 17. But to return to William Occam and Michael Cezena in whose cause Occha●… was engaged: Michael was deposed by This Narration is w●…ten by Occh●…m, & extant in his worke●…. john the two and twentieth, in june in the year of Christ, one thousand three hundred twenty and eight: in his behalf letters were directed to the Chapter of the Minorites, assembled in Parpinian and Avignon in the year one thousand three hundred thirty and one. These letters were subscribed by Henricus de Chalchem, Fran●…iscus de Esculo, and Guilielmus de Occam: not only these men favoured his cause, but those two famous Universities Oxford and Paris did approve the same. Whereupon Michael being arrested by the Pope did appeal from the Pope. Consider the nature of his appeal: for it openeth the sense and judgement of learned men then living, being approved by the greatest learned men then living; and by all the learned men of that order in England and in Paris, for so it is said there. Quae determinatio fuit etiam ab omnib●…s Magistris & baccalarijs in sacra pagina de Parisijs & de A●…glia dicti ordinis approbata, & V●…iuersis Christi fidelibus destinata. That is [Which determination was also approved of all the Masters and Bachelors in Divinity of the said order of Paris and England, and directed to all Christians:] I will set down the form of his Literae recitatoriae gestorum fratris Michaelis Cezenae, inter opera Guilielm. Octham. appeal as in the same place I find it expressed, and thus it is: Habito prius magno & maturo consilio, ab ipso Domino johann, & à dicta eius assertione, & arrestation●… infratempus Legitimum meo nomine, & omnium fratrum mihi adh●…rentium Uolentium, ac dict●… ordinis, secundum quod tradunt Canonic●… sanctiones, ad sanctam Romanam Ecclesiam Catholicam & Apostolicam appello. That is, [After great and mature deliberation first had, I appeal from the same Pope john, and from his said assertion, and arrest, within lawful time for myself, and for all my brethren that do adhaere or will hereafter adhaere to me, and for the said Order according as the Canonical Constitutions do allow, unto the holy Roman Catholic and Apostolic Church.] In which place he professeth that he doth this by the example of divers other who had done the like before. 18. From whence I would observe some things declaring the sense, judgement and religion of the men that then lived. And first where he saith, that he doth this by great and mature deliberation, and that herein he hath the approbation of divers learned men, of divers Universities, and that he doth it by the examples of such as were before him: we note that this is not the judgement of one man, but of the most famous learned men of this age. For farther confirmation hereof, we observe also that Naucler speaking of this particular, and of the cause of lodovic Emperor, saith, that many learned and godly men of Navel. ●…ner. 45 Christendom held that Pope john the two and twentieth was an Heretic, convict of assured errors. johannem Papam, saith he, magni & multi theologi scientia & vita probatidogmatizabant esse haereticum, propter cersos errores. And speaking of the learned men that wrote against the same Pope, he nameth Dantes and Occha●… among other. This agreeth with that which Occhan witnesseth of this Pope, that his own conscience accusing himself of his errors, he durst not come to the judgement of a general Council. Then I note not here only the judgement of these learned men, but the sense and judgement of Christendom, of a general Council, of the Church of Rome. For Cezena and Occam (who was combined with Cezena in this cause) would never have appealed to the Church of Rome, or to a general Council than representing that Church, unless they had been fully secured herein, that the Church to which they appealed had condemned the errors of the Pope from whom they appealed. They then knowing the sense and judgement of that Church, appealed from the Pope to it ●… which thing is further also confirmed by that which he saith in his appeal, Secundum quod tradunt Canonic●… sanctiones: as the Canonical Constitutions deliver: then the Canons of the Church allow and approve such an appeal, howsoever since this time the Popes have alte●…ed the Canons and discipline of the Church, yet then this discipline was in force, and acknowledged through Christendom, that the Pope might be censured in a general Council. 19 Another thing which we observe in this appeal, is a remarkable distinction famously observed in the sense, judgement and religion of the men of this age between the Church of Rome and the Court of Rome. For Ceze●…a after that he hath appealed from the Pope to the Church of Rome, complaineth much of the Court of Rome, as being wholly governed by the Pope: from whence he appealing to the Church of Rome, declareth evidently that by the Church of Rome, he understood another thing, then that which our adversaries now call by that name, an assembly whereof the Pope is the head, which are wholly to be guided, governed and directed by the Pope. This is now commonly called the ●…hurch of Rome: but at this time wherein Ceze●… lived, the Church of Rome was understood to be a free, lawful, holy general Council assembled of the Churches of these Western parts of Christendom. This is the Church of Rome which our forefathers have so much honoured. The sentence of this C●…urch they reverence, 〈◊〉 authority of this Church they acknowledge, appealing from the Pope's sentence as unjust, re●…ecting his authority as unlawful, still resting in the judgement of the Church of Rome. This declareth that the Pope may be separated from the Church of Rome, though not from the Court of Rome. Now separate once the Pope from the Church of Rome, as by these appeals it must so be understood, and then it followeth by infallible ●…nference, that the Church of Rome (as now it is commonly known by that name) is no other thing then that which ●…se learned men called the Court of Rome: and that this pr●…ent Church of Rome is not that which our fathers called the Church of Rome. It is not the same thing: for from that Church of Rome the Pope might be separated, from this he cannot. From the Pope to that Church a Christian might appeal●…, which sentence was justified by the most learned that then lived: From the Pope to this Church there is no appeal. Thus much I observe from this appeal, and from the appeal of Lodou●… the fourth Emperor, which before we have declared, being to the same end, and agreeing in the same form with this, being from the Pope to a general Council, which also he calleth the holy Church of Rome. In which same manner did Philip King of France appeal from Pope Boniface, besides divers other who used the same course, as Michael Cizena witnesseth. 20. Hence riseth this Corollary, that the reformed Churches have made no separation from the Church of Rome, but only from the Court of Rome▪ And that the Pope and his Court, that is Friars and Canonists who depend wholly upon him, terming themselves now the Church of Rome, have made the separation, and have altered the ancient bounds of the Church, and plucked up the old hedge which was the partition between the Church and Court of Rome. Thus they retaining only the name, have changed all things and turned them upside down. So that albeit that which I shall say, may seem a strange Paradox, yet it is a truth which will every day be more and more Paradox. known and confessed. The ancient Church of Rome, y●… even that Church of Rome which stood in the world before the Council of Trent, can now be found no where in the world but among Protestants. Marsilius P●…. observed the beginning of this alteration, thus: Apud M●…rnos Ecelesi●… 〈◊〉 importat Part. 2. cap. 2. ministros Presbyteros Episc●… etc. 〈◊〉 Ecclesi●… Rome▪ ●…rbis ho●… 〈◊〉 obtinuit, cuius ministri & pra●…identes sunt Pa●…a R●… & Cardin●… ipsius, qui 〈◊〉 ex usu quod●…●…runt dici 〈◊〉. [The Church importeth as much as Ministers, Priests, Bishops in late use, etc. as the Church of the City of Rome hath now obtained this name, whose Ministers and Governors are the Pope and his Cardinals, who now from a certain use are called the Church.] But that use was but late brought in, especially by Friars: for the ancient use of this, which was also long continued among many, and the best in the Church of Rome, he declareth to be thus: Sec●… 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ecclesi●…, & 〈◊〉 〈◊〉 & pro●… 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. de Vniversitate 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 Christi. [But according to another signification, and that most truly and properly, & answering to the first imposition of this name: the Church is called the Universal company of all faith●…ull believers which call upon the name of Christ] Then the Church of Rome, as the Pope is the Governor thereof, was observed to be but a particular Church, and not the Catholic Church which containeth all Believers. 21. Occam hath also written another Book, Entitled. Super potestate su●…i Pontifieis 〈◊〉 quo●… decisiones. From whence I will observe some things concerning our question of jurisdiction: disputing of that which the Friars and flatterers of Popes called 〈◊〉 potestatis: he handleth it so, that in the conclusion, he putteth the Pope down as low, as the flatterers extolled him up on high: For thus he saith. Principatui optimo repugnare videtur, quod principans illam habeat plenitudinem Quest. 3. cap. 5. potestatis etc. Nam omnes subditi h●…benti talem plenitudinem sunt servi secundum strictissimam significationem vocabuli, servi. That is, [It seemeth to be utterly against the nature of the best Government, that the Governor should have this fullness of power, etc. For all that are subjects to him that hath such fullness, are his slaves according to the most strict understanding of a bondslave.] And because the Pope then began to flatter himself strangely, and to swell with those words of pride: that he was to judge all men, but no man might judge him; no man might accuse him: Occam represseth this swelling vanity thus. Papa potest ab homine accusari, destit●…i, & deponi: Quest. 3. cap. 6. omnis enim accusatio est coram judice facienda. Nec de hoc debet Papa perturbari, ne contra doctrinam Christi Apostolis pro se & propraelatis Ecclesiae traditam velit tanquam sal infatuatum mitti foras & ab omnibus conculcari, ne contra praeceptum eiusdem velit pro salute eius corporis mystici ut membrum putridum amputari, ne desideret ipse potestatem qua se ex charitate correptum quamuis etiam Ecclesiam non audiret, tanquam Ethnicus & publicanus non si●…at se ut carnes putridas resecari, & ut ovem scabiosam repellenda●… â stabulis, & expurgandum ut fermentum quod totam massam corrumpit: sed velit ut sibi parcatur, ut universa Ecclesia ad interitum perducatur. Quae omnia à desiderio Papae qui a●…imam suam tenetur pro subditis ponere, convenit exulari. That is, [The Pope may be accused, forsaken, deposed by a man: for all accusation must be before the judge. Neither must this thing trouble the Pope, otherwise he might s●…eme to make himself unprofitable salt, good for nothing but to be trod underfoot against the doctrine of Christ delivered to his Apostles for themselves, and for the Prelates of the Church: and against the commandment of Christ, to be cut off like a rotten member, for the preservation of his mystical body. And so he might seem to desire such a power, by which being reproved in charity, albeit like an heathen and Publican he should not hear the Chu●…ch, yet he would not suffer himself to be cut of like dead flesh, and like a scabbed sheep to be driven from the folds, and to be purged like leaven that corrupteth the whole lump. But he should by this seek that for sparing him, the whole Church might be brought to ruin. All which ought to be far from the Pope, who ought to give his life for his flock.] Then this man foresaw, and in some sort foretold all that mischief which fell upon the Church by the Pope's claim of this strange jurisdiction: which jurisdiction, if once it should be obtained by the Pope; then hath Occam plainly foretold, that which since this time by too great experience we have found, that the Pope would hereby prove unsavoury salt good for nothing but to be trodden underfoot of men; a rotten member cut off from the body of the true Church: as rotten flesh to be cut off for the preservation of the whole, as a scabbed sheep to be kept from the fold, as old leaven to be purged from corrupting and infecting the whole lump. And that for sparing him the universal Church must be brought to desolation and overthrow. All this William Occam foresaw, all this we have found by lamentable experience too true: and all this followed upon his intrusion into this jurisdiction. 22. Through this book William Occam was driven to carry himself cunningly for fear of the Pope's greatness, moving many questions and doubts, and reasoning after the manner of the schools on both sides, making no professed determination or conclusion: but he leaveth such strength of reason on the one side, and taketh away all objections on the other side, that any man may infer the conclusion, and understand the reason why himself did not conclude. For thus he saith in the end of that book. Haec breu●…er conferendo, allegendo, & disputando sunt dicta; non ut certa veritas in dubium revocetur, sed ut aliqua habeatur occasio, etc. Quid autem sentiam de praedictis, non expressi, quia hoc (ut puto) veritati non prodesset. That is, [These things have we said, by conferring, alleging, disputing; not that a known truth should be called into question, but to give an occasion, etc. I have not declared what mine opinion is of these things; because (as I take it) that would not help the truth.] Another book William Occam entituleth, Dialogus: from whence I will cite only one syllogism, contained in few words, but so strongly and sound collected, that it may make an end of all this controversy: his words are these. Papa non 〈◊〉 〈◊〉 〈◊〉 â jurisdictione 〈◊〉 & 〈◊〉▪ 〈◊〉 Lib. 3. ●…ract. 2. cap. 33. iudicumqua●… fuerat Christus & Apostoli: sed C●…ristus & 〈◊〉 fuerunt ab imp●…ratore quantum ad jurisdictionem c●…actiuam 〈◊〉. That is, [The Pope is no more exempt from the jurisdiction of the Emperors, & other secular judges than Christ & his Apostles were: but Christ & his Apostles were judged by the Emperor, in respect of coactive jurisdiction: therefore so the Pope ought to be judged.] This Syllogis●…e to this day was never answered: In respect of which sound and pithy handling of these things, as Occh●… was surnamed Doctor invincibilis in argu●…nto: so the Ex regi●…tro collegij Mertonens. sense and judgement of learned men was wholly for Occam. Insomuch that Naucler witnesseth, that this worthy William Occh●… threw down all the Pope's Temporal Dominion in the dust, and carried the glory in all these disputations: wherein many learned men followed him. For he speaking of Da●…es that learned Florentine, saith that this Dantes also wrote a Book, De Monarchia; wherein he proveth that the Empire hath no dependence of the Pope: which opinion Antoninu●… reproveth for an error. But Occha●… hath confirmed this which 〈◊〉 took to be an error. 〈◊〉 〈◊〉 secundu●… Naucl. gener. 45. ipsum Antoninum, magi●… d●…ffuse prosecutus est Occam ordi●…is 〈◊〉, quasi ad 〈◊〉 deducens 〈◊〉 Papae & 〈◊〉, in te●…orali domin●…, quamobre●… multi ver●… doctissim●… 〈◊〉 questiones disputaban●… de potestat●… 〈◊〉. That is, [Which error as Antoninus taketh it, Occha●… a Minorite hath most largely handled, reducing the power of the Pope and of Prelates, concerning Temporal dominion, as it were to nothing. Wherefore many men of greatest learning, did then dispute of jurisdiction Eccle●…iasticall.] 23. By all which we see the Pope's jurisdiction overthrown by men of the greatest learning, even then when he thought himself strongest: for this part of his pretended jurisdiction which toucheth the deposing of Princes was never better handled, then at this time in the mids of the Pope's kingdom, by these men. And shall it be thought strange in us now, to maintain the same truth, which then these worthy men durst maintain? Or shall it not be imputed either as damnable ignorance in us not to know, or as extreme weakness and want of courage, not to profess and maintain as much now against the Pope, as these worthy men did then? More we cannot say, than they have said in this point of jurisdiction: For they have proved by invincible reasons, that in tem●…oralibus, in temporalties th●… Pope hath no jurisdiction over Princes: that in ●…pirit●…libus, in spiritualties the Pope is ●…ubiect to the censure of ●… gen●…rall Council. This is the truth which ever hath been maintained against the Pope: more than this we seek not. §. III. Robert Grosthead and john Wiclife. 24. AFter Willi●… 〈◊〉, let us come to that famous Bi●…hop of Lincoln, Robert 〈◊〉: It is to be lamented that more of his writings were not preserved; by so much as we have extant, it appear●…th that with great courage, learning, & integrity he withstood the Pope's pretended jurisdiction: for his lea●…ing 〈◊〉. calleth him the true great ●…lark. Wiclif: complaint. pag. 14. The contention which ●…xercised him most, was about the Pope's p●…ouisions: for the Pope would by his provisions (and this was also a part of his jurisdiction proceeding out of the pretended fullness of power) place strangers, commonly some of his own bastards, under the name of his Nephews, and of these sometimes young children. Thus in the best and greatest Ecclesiastical charges and benefices, as they became void he thrust in such as had neither learning nor honesty, will or skill to disch●…rge the du●…tie which that place required by preaching. This being of itself a thing hateful and abominable: Grosth●…d conceiving of the thing ●…s it was in truth, resolved in his Diocese to admit no such v●…gratious practice. A●…d ther●…ore when the Pope had written to him in this sort for one of his Nephews: 〈◊〉 withstood the Pope, and would not place him. And hereupon he wrote to the Pope: the letter is extant in Mat. Paris, out of which I will rehe●…rse some things, that the excellent spirit of th●…t man may be the better observed: and his zeal against the intolerable practice of the Pope's jurisdiction. For these provisions were then defended by flatterers as proceeding from the fullness of power, the fountain as they called it of all jurisdiction against which Grosthead disputeth thus. 25. Apostolica mandata non sunt necesse possunt alia quam Apostolorum Mat. Paris. Henric. 3. 37. ●…n. 1253. doctrina & ipsius Domini nostri jesu Christi, Apostolorum magistri ac Domini. That is, [The Apostolical mandates are no other: neither may they be any other than the doctrines of the Apostles, and of our Lord jesus Christ, master and Lord of the Apostles.] By this rule which Grosthead prescribeth to the Pope, we are ready to receive any mandate from him. And the things which we reject, we reject upon no other ground, then as this worthy Bishop did, because they are not consonant to the Apostolical doctrines. And whereas the Pope had written to him for a provision to be sped in his Diocese, he proceedeth thus. Ipse Do●…inus noster jesus Christus ait, qui non est mecum, contra me est: contra ipsum autem non est nec esse potest Apostolicae sedis sanctitas divinissima: non est igitur praedictae literae tenor Apostolicae sanctitati consonu●…▪ sed absonum & plurimum discors. Primo quia de illius literae & ei consimilium superacucmulato non obstante, nec ex legis naturalis obseruandae necessitate inducto patet cataclysmus, inconstanciae, audaciae, in●…erecundiae, mentiendi fallendi, etc. Praeterea post peccatum Luciferi, quod idem erit in fine temporum ipsius filii perditio●…is Antichristi, quem interficiet Dominus spirit●… oris sui, nec est, nec esse potest alterum genus peccat●… tam adversum & contrarium Apostolorum doctrinae, & evangelicae, & ipsi Domino jesu Christo tam odibile, & tam abominabile, quam ani●…as curae pastoralis officij & ministerij defraudatione mortificare & perdere. That is, [Our Lord jesus Christ himself saith, he that is not with me, is against me: now against him the most divine holiness of the Apostolic sea is not, nor cannot be: therefore the tenor of the foresaid letter is not consonant to the Apostolical holiness, but dissonant, and altogether repugnant, First, because the way is opened to an inundation of inconstancy presumption, shamelessness, lying, cozening, etc. By reason of the non obstante in that and such like letters often heaped up, not proceeding from any necessity of the observation of the natural law: Moreover, after the sin of Lucifer, which also shall be the sin of Antichrist, the son of perdition in the end of the world, whom the Lord shall kill with the spirit of his mouth: there is not, nor can be any other kind of sin so repugnant & contrary to the Apostolical & evangelical doctrine, to our Lord jesus Christ, so odious, and so abominable, as this sin is to kill and destroy the souls of men by defrauding them of the care of the pastoral office and ministry.] 26. The beginnings of M. Luther with Pope Leo the tenth, were much more mild than this: but he proceedeth and condemneth this sin, and the Pope's letters by Scriptures; declaring that they bring in such confusion into the Church: which could be practised by none, but such as are under the same condemnation with Lucifer and Antichrist. Pe●…ores sunt Lucifero, saith he, & Antichristo proxim●…ores; & in hac 〈◊〉 gradatim quanto magis superex●…ellentes, qui ex maiori & diu●…nori po●…estate sib●… divinitus in aedifica●…mem non in destructionem tradita, magis tenentur ab Ecclesia de●… tales interemptores pessimos excludere & extirpare. That is, [They are worse than Lucifer, and next to Antichrist: and in this badness they rise in a greater degree of evil so much the more, by how much they are more excellent, who from the greater and more divine power that is given them for edification, not for destruction, are bound the more to exclude and root out these wicked distroyers from the Church of God.] And therefore he averreth that the Pope cannot command such a sin as this, to be done, [So hateful and detestable, so abominable to Christ, so pernicious to man. For this were an utter defection from power and jurisdiction, a corruption, and abuse thereof, and a remotion from the throne of glory; and a session in the chair of pestilence, and in eternal shame in hell, next in place to those two great Princes of darkness, Lucifer and Antichrist.] And because in such things no man ought to yield his obedience, but is bound to disobey: therefore he saith thus, [Out of duty and obedience, and out of the love of union with the body of Christ; I utterly reject and resist these letters, especially because they urge me to such a sin, as is evidently abominable to God, and pernicious to man; and because they are contrary to the holiness of the sea Apostolic, and against the Catholic faith: Filialiter & obedienter non obedio, contradico, rebello. And unto that Sophistical shift of Plenitudo potestatis, whereby they used to cast a colour over these practices, he answereth in such a sort, as giveth a short rule of understanding this fullness of power, for thus he saith. Breviter autem recolligens dico, Apostolicae sedis sanctitas non potest nisi quae in aedi●…icationem sunt & non in destructionem: haec est enim potestat is plenitudo, omnia posse in aedificationem. That is, [Briefly recollecting what we have said, we say, the holiness of the sea Apostolic cannot do any thing: but that which is for edification, and not for destruction: for this is fullness of power, to be able to do all things for edification.] In which sense who would have denied the Pope a fullness. 27. When this letter came to the Pope, Nonse capiens prae ira (saith mine Author) quis ait est iste senex delirus, surdus, absurdus, qui facta audax & temerarius judicat? Per Petrum & Paulum nisi me moveret innata ingenuitas, ipsum in tantam confusionem praecipitarem, ut toti mundo fabula foret, stupor, exemplum & prodigium. Nun r●…x Anglorum noster est vassallus? & ut plus dicam, mancipium, qui potest eum nutu nostro incarcerare & ignominiae mancipare? That is, [The Pope not being able to hold for anger, said, who is this foolish, deaf, absurd old man, that with such rash présumption judgeth our acts? By Saint Peter and Saint Paul, if mine ingenuous good nature did not stay me, I should hurl him into such a confusion, that he should be the fable of the world, an astonishment, an example, a monster. Is not the King of England our vassal, or to say more, our slave? who is able at our beck to imprison him, and to appoint him to ignominy? But the Cardinals appeased his holiness, especially Cardinal Egidius Hispanus, who fearing that the Pope might prosecute some courses of extremity against him (as afterward he did) told him, that it was not fit to use that man hardly. [The things which he writeth (quoth the Cardinal) are true, we cannot deny them, or condemn him: he is a Catholic and holy man: more religious, more holy, of a more excellent life than we are: there is not thought to be a greater Prelate this day living, no nor comparable to him. All the Clergy of France and England know this to be true: he is esteemed also a great Philosopher, in the Latin and Greek languages famously learned, a man zealous of justice, a reader of Divinity in the schools, a preacher to the people, a lover of chastity, a hater of Simony, etc.] The Cardinals therefore advised the Pope to dissimulate the matter, lest some tumult Mat. Paris. might arise, saith mine Author. 28. And mark well, why they feared that a tumult might rise in the Church about this matter, this reason Mat. Paris relateth in these words. Consilium dederunt Cardinales Domino Papae, ut omnia haec conniventibus oculis sub dissimulatione transire permitteret, ne super hoc tumultus excitaretur, maxim propter hoc quia scitur quod quandoque discessio sit ventura. That is, [The Cardinals gave this advise to the Lord Pope, that he would wink at all these things, and pass by them as dissimulating, lest a tumult might arise: especially for this cause, because it is well known that once there shall come a departure.] Let this be observed, It was written long before M. Luther was borne. The Pope and the Cardinals knew long before, that once a departure should be made from the obedience of the Pope: and therefore Robert Grosthead did put them in great fear, lest he might be the man that might work this departure. Then it seemeth in the judgement of the Cardinals, that he who first should work this departure, must be an excellent godly and learned man, such one as Grosthead was then known to be. But if Grosthead had done that thing then, which upon the like occasion Luther did afterward: we should have heard him reviled for the rankest heretic, the most wicked and ungracious man that ever lived: as now Luther is by them, who vs●… to curse where God blesseth, and to bless where God curseth. Then they were in fear of Grosthead, & thought that this departure could not be done but by some such excellent man. And what hath M. Luther done, but that which Grosthead was provoked to do? or who could do otherwise that keepeth Grostheads principles. 29. The godly zeal of this man is further declared by Mat. Mat. Paris. ibid. Paris, who recordeth certain Discourses and actions of his against the Popish practices. Improbos Romanistas, saith he, praceptum habentes Papale ut eis provideretur, quasi venenum odit serpentium Dicebat enim quod si animarum custodiam ipsis traderet, Satan●…zaret: unde saepius proiectis literis Papalibus bullatis, talibus mandat is praecis●… contradixit. [The wicked Romanists that brought the Pope's letters for provisions, he hated as the poison of serpents; for he said, if he should commit the custody of souls to them, that then he should play the devils part. Wherefore often he threw away the Popes bulled Letters, precisely contradicting such commandments.] The same Author noteth a memorable saying that Grosthead was wont to use: No●… liberabitur Ecclesia ab Aegyptiaca servitute nisi in ore gladij cruentandi. That is [The Church shall not be delivered from this Egytian bondage, but by the edge of the bloody sword.] By all which we see the excellent spirit of this man against the spirit that ruled in the Popes, and against their jurisdiction: neither are we to think that Grosthead followed any other religion then that which his fathers followed before him: this is the religion, sense and judgement of the world then, that is, of all godly and judicious that then lived. 30. But was not Bishop Grosthead of the same faith and Religion with the Church of Rome? Yes verily, and so will I be, if you grant me his conditions & exceptions: for he putteth two clauses very memorable, by which he will condition with the Church of Rome, or any other particular Church whatsoever. First, That the doctrines of that Church, be the doctrines of Christ and his Apostles: Secondly, That so we may regard the Church of Rome, that we be sure to hold unity with the true Church, the body of Christ. These excellent and famous men that have heretofore lived in the unity of the Church of Rome, have been willing, we confess, to yield so much to the Pope, and that particular Church, as they might do holding unity with the true body of Christ. But if the unity with the Roman Church do draw them away from the unity with Christ's body: then have they always been resolved to give over the unity with that particular Church. This confirmeth that which before I observed in the Distinction between the Church of Rome and the Court of Rome, because we see many learned and worthy men of our forefathers were of the Church of Rome, that is, held the bond of unity with it, who were professed enemies to the Court of Rome. Now the Pope and his flatterers have forsaken that unity with the Church of Rome which stood in Apostolical doctrines and unity with the true body of Christ, howsoever they boast of the name, and have nothing now to show for themselves but the pride and faction of the Court of Rome. 31. Now come we to the time wherein lived john Wiclif, another of the worthies of Merton College in Oxford: his adversaries would blot him with the name of an Heretic: some things are untrue wherewith they injuriously charge him; some things are true, which they unjustly call Heresy. In this question of jurisdiction, as he received the truth from Occam, his Senior in Merton College, so he delivered the same faithfully. Speaking of the King's jurisdiction as well over the Clergy as Laity, he saith, [The chief Lordship in this land of all temporalties both of secular men and religious pertain to Wiclifs complaint. Artic. 2. the King of his general Government: for else he were not King of all England, but of a little part thereof. Therefore the men that busien them to take away this Lordship from the King, as done Friars, and their sautors, in this point been snarper enemies and Traitors, than Frenchmen, and all other nations.] Wiclif laboured worthily to descry & refute the errors concerning jurisdiction that in his time came creeping in, introduced Lib. de fundam. legum. Angliae ca 36. pag. 424. by Friars. For he witnesseth that the Friars taught thus: Rex Angliae, non est rex totius Angliae, sed regulus paruae partis, super residi●…um vero mortificatum est Papa Dominus; Veruntamen non est disputandum (inquiunt) de hac materia, quousque fuerit in effectu potentius stabilita: sed tolerandae sunt iniuriae dominorum saecul●…rium quousque arriserit opportunit as temporis. That is [The King of England is not King of all England, but Lord of a little part: over the residue in a dead hand the Pope is Lord, but, say they, there is no disputing of this matter, until it be powerfully brought in effect; In the mean time they say, the injuries of temporal Lords must be borne, until an opportunity favo ur them.] This is plain dealing: The Friars declare, what is that thing at which they have long aimed. For what other meaning have their pretended exemptions, then by making a revolt from the obedience of their sovereigns, to become wholly the Pope's servants and creatures? 32. But this late generation of Friars, I mean the Jesuits exceeding these old Friars in admirable practices in the blood and destruction of Princes and states; are yet so confident in their wit and eloquence, that they think themselves able to persuade the Kings of the earth to account them among good and loyal subjects. The old Friars dealt more plainly; they professed not obedience to Princes: these profess more and would colour their deep devices in destruction of Princes with impudence and dissimulation, as if they meant not the same things which daily they practise. Now that which Wiclif taught against these wicked and profane opinions of these old Friars, was no other thing then the judgement of the learned Divines which lived before, and in his time: for he brought in no novelties, but the Friars introduced the novelties in Religion and jurisdiction. And that Distinction which before we observed between the Church of Rome, and the Court of Rome, he confirmeth as a thing notori●…usly marked in his time; for of the Church of Rome he saith thus: Protestor publice quod amando & venerando Romanam Ecclesiam, matrem meam, desidero & procuro defensionem omnium privilegiorum suorum. That is [I De veritat. Scripture. pa. 196 protest publicly, that loving and honouring the Church of Rome, Ireverence my mother, and procure the defence of all her privileges.] But of the Court of Rome, or that particular Church of Rome which was governed by the Pope, he saith much otherwise, not doubting but that the judgement of the particular Church of England might in many things be preferred, before that particular Church of Rome guided by the Pope. Fieripotest (saith he) quod Dominus Papa foret ignarus legis scripturae, Ibid. & quoth Anglicana Ecclesia foret long praestantior in judicio veritatis Catholica, quam tota ista Romana Ecclesia collecta de istis Papa & Cardinalibus. That is [It may come to pass that the Lord Pope may be ignorant of the law of Scripture, and that the Church of England may be more excellent in the judgement of the Catholic truth then all this Roman Church collected of the Pope and Cardinals.] Then in those days there was not much attributed to the Popes not erring judgement, or to the authority of that Church which was wholly governed by the Pope; seeing the Pope might be ignorant of the law of God, and the Church of England might have a more excellent judgement in the truth, than that particular Church of Rome. That which Wiclif saith might come to pass, the world seeth Chapt. 7. §. 2●… and acknowledgeth that since that time it is come to pass: That Friars were the introducers of Novelties, we have already showed out of john Wiclives observations. In this sort things stood until the time of the Council of Pisa which was held some twenty years after john Wiclives death. §. FOUR The Pope's jurisdiction overthrown by Counsels. 33. THus have we heard the judgement of learned men against the Pope's jurisdiction, after that the same jurisdiction began to be practised: these have refuted especially that part of his claim, which was in temporalibus. Now we will consider another part of his pretended jurisdiction, which was in spiritualibus: in this we find his feathers as well pulled, as in the former; so that when both temporal and spiritual jurisdiction is pulled from him, and when Princes take their own right in temporalties, and Counsels in spiritual jurisdiction: the Bird will be left naked between them, that was so glorious with the feathers of others. 34. Before the time of the Council of Trent, this hath been always acknowledged and preserved a truth in the Church, that the authority of a Council is above any particular whatsoever, whether he be the Bishop of Rome or any other. This was never once brought in question the first thousand years: but when the Popes had framed a Ladder of their supposed jurisdiction to climb above Princes; and Friars began to puff up the Sails of the Pope's pride by the wind of their flattery: then began some question to be made of the authority of a Council: The Friars hoist up the Pope above the Council, but there were always in the Church of Rome some remaining, yea a great number, and sometimes as the best part so the strongest, who held and maintained the ancient true jurisdiction of a lawful, free general Council to be above the Pope, and to have authority to depose the Pope, or otherwise to censure him, as in their wisdom they thought meet. This question of the jurisdiction of a Council had often been moved, as we find by the appeals of Emperors and Kings, and others from the Pope to a general Council: but it came not to be put in execution before the Council of Pisa, which was gathered upon this occasion. 35. After a ●…ong schism in the Church of Rome, Gregory Naucl. gener. 47. the twelfth was choosing during the schism; Gregory took an Oath as soon as he was elected, to take away the schism by all possible means, and wrote to Benedict the thirteenth, inviting him to a mutual abdication for peace: Benedict returned an answer to the same words back again: As the Popes colluded together without any sincere purpose of abdication, the question began to be moved of the authority of the Church, which might order them both, because the Church is above all; even the Popes are subject to this power: and therefore it was thought fit that a general Council should be called, representing the Church of these Western parts. The Council was summoned to meet at Pisa: the Bishops, Prelates and Princes being orderly summoned, and meeting here in the year one thousand four hundred and eight, proceeded against both the Popes, deposed and deprived them; condemning them both for Heretics and schismatics, commanding all Christians not to take them for Popes, or yield obedience to them. In this Council there was great disputation of the authority of a Council: and it was determined, none contradicting, sayeth mine Author, that the Council had authority to depose the Pope's persisting in a scandal, and to choose another. This was the ground and occasion of calling the Council of Constance not long after this. 36. This Council of Pisa is much commended▪ by john joh. Gerson lib. de auferibilitate Papae. Gerson, and by the Council of Constance, as the same Author Gerson doth witness; Where he saith also that the Church of England sent learned men to that Synod at Pisa: who as they came through Paris were entertained with an Oration of the same Gerson then Chancellor of the University of Paris, declaring the consent of that University with them. Then we have the Council of Pisa, and herein the judgement of the Church of England concurring with many other Churches against the Pope's jurisdiction. The same will likewise appear by the Council of Constance. 37. The Council of Constance was called by the commandment of Sigismond Emperor, in the year one thousand four hundred and fourteen, for the same end. For the Synod of Pisa had deposed the two Popes that maintained the schism, and chosen a new Pope Alexander the fifth, but the other two held their places by force, and there were now three Popes: after Alexander 5. death, Ioh●… the three and twentieth was chosen: this man came to Constance, and showed himself willing to be deposed, so that the other two in schism might be ordered and pulled down from the places which they held: but this john finding that the Council had a purpose after that he was deposed to choose another, and not himself; fled away from the Council, and refused to be ordered by it: but he was apprehended and brought back again: so his life and conversation being examined by the Council, he was deposed: but when he sent Charles Malatesta to approve the sentence of the Synod, and to make for him, and in his name a free abdication of the Papacy: he died for grief that Malatesta had performed that commission so roundly and so quickly. 38. The other two Popes Gregory and Bened●…ct stood up maintaining the schism all this while. To order them Sigismond Emperor took great pains with the Kings of England, France and Arragon. Gregory yielded to be ruled by the Synod, but Benedict stood out stiffly a long time, who in the end also was deprived, and pronounced an Heretic and Schismatic. It is observed that there was nothing concluded in this Council without the consent of the five Nations. The Synod having thus deposed all those other Popes, made choice of Martin the fifth: And to prevent such schisms and the troubles which grew by them, it was decreed in the same Synod, that such Synods should be often called; the first should be called five years after this: the second seven years after the first; the third ten years after the second; and so from ten years to ten years continually. This order and jurisdiction of the Church declared in Synods, did so terrify the Popes that they sought by all means to defeat it, they could not endure such a jurisdiction above themselves, to call them, censure them, depose them, as this Synod had thrown down three Popes at once. Therefore the Popes after this laboured by all means how they might oppress the authority of a Council, (which they could never do before the Council of Trent) and all these parts of Christendom on the other side laboured to maintain the authority of the Council above the Pope. 39 For the better confirmation hereof, this Synod declareth the authority and jurisdiction of a general Council thus: Declarat (haec sancta Synodus) quod ipsa in spiritu sancto legitimè Sess. 5. congregata, Concilium generale faciens, & Ecclesiam Catholicam representans, potestatem à Christo immediate habet, cui quilibet cuiuscunque fuerit status vel dignitatis, etiam si Papalis existat, obedire tenetur in his quae pertinent ad fidem & extirpationem dicti schismatis & reformationem dictae Ecclesiae in capite & in membris. That is [This holy. Synod declareth, that they being gathered in the Holy Ghost, making a general Council, and representing the Catholic Church, have power immediately from Christ, to which every man of what s●…ate and dignity soever, though he be a Pope, is bound to obey in those things which pertain to faith, and the extirpation of schism, and reformation of the Church in the head and members.] And presently after this, they declare and define these points, that every man of what condition soever, though he be a Pope, that shall not obey the ordinances, statutes, or precepts of the Synod shall be duly corrected and punished: that Pope john the three and twenty (for this was decreed at the beginning before john was deprived) shall not transfer the Court of Rome, or any other public officers thereof, or compel them directly or indirectly to follow him, without the consent of this Synod. And if he shall fulminate any censures Ecclesiastical against such officers, or any other adhaering to this Synod; all shall be void and of none effect: neither shall it be lawful for any man to obey any such censures: That all Translations of Prelates, all deprivations, revocations, monitions, Ecclesiastical censures, all processes and whatsoever is done or shall be done by the said Pope in prejudice of the said Council, etc. shall be void, vain, and of none effect. 40. According to the Decree of this Synod, Pope Martin the fifth, after five years called a Synod at Pavia: thither came they that were sent by the Pope, and expected the nations without whose presence a general Council could not be held. But the plague increasing greatly in that town, they changed the place of this Synod to Seine: where Pope Martin perceiving that Benedict began to stir again; to prevent troubles, dissolved this Synod, and according to the Decree of the Synod of Constance, appointed the place of another Council after seven years to be holden at Basil; and when the appointed Anno 1430. time came, he sent Cardinal julianus to Basil for the furthering of the same. This is the only Pope of late that was not afraid of a general Council; he was elected by a Council, he kept the Decrees of that Council with great commendation, and lived in that moderation, that he seemed not to be afraid of the censure of a Council. Martin having proceeded thus far, only to show himself willing to call the Council of Basil, died. Eugenius the fourth succeeded, who did strive by all means to defeat the Council of Basil: but by the authority of Sigismond the Emperor that Synod proceeded; thither came the Prelates of those nations, without whose consent a general Council of these parts of Christendom cannot be held. 41. This Synod of Basil thus gathered, among other things agreed upon certain conclusions concerning this jurisdiction; the Conclusions are these: 1. Veritas haec de potestate Concilij generalis, universalem Ecclesiam Sess. 38. representantis super Papam & quemlibet alterum, declarata per Constantiense & hoc Basiliense generalia Concilia, est verit as fidei Catholicae. 2. Veritas haec quod Papa Concilium generale, etc. actu legitimè Congregatum etc. nullatenus sine eius consensu potest dissoluere, aut ad aliud tempus prorogare, aut de loco ad locum transfer, est veritas fidei Catholicae. 3. Veritatibus duabus praedictis pertinaciter repugnans, est censendus h●…reticus. That is, 1. [This truth of the jurisdiction of a general Council representing the Catholic Church that is above the Pope or any other, as it is declared by the general Counsels, that of Constance and this of Basil, is a truth of the Catholic faith. 2. This truth that the Pope cannot in any case without the consent thereof dissolve a general Council, etc. lawfully and actually gathered etc. or prorogue it to another time, or transfer it from one place to another, is a truth of the Catholic faith. 3. Whosoever doth with pertinacy, resist these two foresaid truths, is to be adjudged an heretic.] These conclusions they set down against that jurisdiction which the Pope claimed, whom they called G●…briel Condelmerius, otherwise called Eugenius the fourth, against which conclusions no man then contended, saving the Pope and his flatterers, who are therefore adjudged Heretics by the Council. In the five and fortieth Session of this Synod of Basil there are other conclusions added, to declare the pertinacy of Eugenius the fourth, condemned by that Council: and first they declare or testify that not in their own judgements only, but in the judgements of all that before them were men of knowledge and learning in the Church; this was ever maintained, that the Pope must be subject to a general Council: Sess. 45. decretum quinque conclusionum. Ne●… unquam aliquis peritorum dubitavit (saith that Synod) summum Pontificem in his quae fidem concernunt, judicio eorundem Conciliorum universalium esse subiectum. Then they declare how Eugenius first laboured to dissolve this Synod without the consent of the Synod. But after many admonitions he revoked that dissolution, declaring it to be void and of none effect: and so gave great hope of peace to the Church. But after this again, he attempted the second dissolution of the same Council, which after many admonitions he would not revoke: wherefore these five conclusions are declared against him: First, The first dissolution of this holy Synod of Basil, pretended by Eugenius the present Pope, from the fullness of Apostolical power (as he saith) attempted, is repugnant to the two foresaid truths. Secondly, Eugenius the present Pope, did in form of law prescribed unto him, judicially revoke all errors repugnant to the two foresaid truths, after the first pretenced dissolution or translation, being admonished, and commanded by the Synod so to do. Thirdly, The pretenced dissolution or translation of this holy Synod of Basil repugnant to the two foresaid truths, attempted by Eugenius after he was cited upon the point of reformation, proceeding (as he saith) out of the fullness of power in case it should proceed against himself, or any of his Legates Precedents: this should contain an inexcusable error in faith: Fourthly, The second pretenced dissolution or translation of this Synod, repugnant to the two foresaid truths, doth prove the said Eugenius to be a relapse, falling again into his revoked and condemned error: Fiftly, This second dissolution or translation repugnant to the two foresaid truths, as also the contumacy of Eugenius, and his long perseverance therein, and the open rebellion of the said Eugenius, after that he was admonished by the Synod to revoke that pretenced dissolution or translation; and also the erection of another Congregation under the name of a general Council to fortify that pretenced dissolution, and that during the time of this holy Council of Basil: all these are evident testimonies of the pertinacy of the same Eugenius, and so evident that they need not the clamour of any other accuser. 42. Upon these grounds this Council deposed Eugenius the fourth, and elected Amadeus Duke of Savoy, who was called Felix the fifth. But Eugenius resisted by force, and held himself as Pope, the Synod not being strong enough for him by coactive power, though in spiritual jurisdiction it was above him: yet would not this Council acknowledge Eugenius to be the Pope, but Felix. In the mean time Eugenius dieth, and Nicolaus the fifth was chosen in his place. All this while the Council of Basil stood up: so that a new Schism was like to rise; but all was compounded thus: Felix the fifth should abdicate the office which he was content to do, seeing Eugenius was dead who was deposed by the Synod: Nicolaus should be acknowledged and confirmed Pope. This Nicolaus thus confirmed, should by his bull approve and confirm all the things done and concluded in the Council of Basill: all this was performed, and Pope Nicolaus by his Bull maketh a solemn confirmation and approbation of this Synod: which Bull is annexed to the Synod: bearing date Calend. jul. 1449. But the Synod seemed not much to respect this confirmation, because they rested upon that authority which the Church hath from Christ. 43. Now let us consider how this Synod prescribed against the Pope's jurisdiction so much, that if the reformed Churches by the power and godly labours of their Princes, might once obtain that which they have so long wished, a general, free, lawful holy Council: they would not desire much more freedom therein then was practised in this Synod of Basill. For first concerning the safe conduct for coming to the Council, and manner of proceeding, there is so much granted by this Council to the Bohemians, whom the Council invited to a disputation, that more than this, none will desire. For besides the safe conduct for coming and going freely and safely, they are agreed upon the judge of controversies: admitting that judge which only was always acknowledged the judge in all general Counsels: for the Pope was never acknowledged Saluus conductus Boemorum conc. Basil. sess: 4. to be the judge. This Synod of Basil admitting herein the manner of proceeding held in ancient Counsels, rejecteth the Pope, and admitteth another judge, in these words. Lex divina, praxis Christi Apostolica & Ecclesiae primitivae una cum concilijs doctoribusque fundantibus se veraciter in eadem, pro verisfimo & indifferent judice in hoc Basiliensi concilio admittentur. That is, [The law of God, the practice of Christ's Apostles, and of the primitive Church, together with Counsels, and doctors founding themselves truly upon the same, shall be admitted for the most true and indifferent judge, in this Council of Basil.] Now this is far from the judgement of our adversaries, who will admit no other judge of controversies, save the Pope only. We have the judgement of the Church against them, both of old time, and at this time of late: and before the Council of Trent it was never otherwise. 44. Moreover, whereas the Pope sent his Legates to this Council of Basil, requiring that they might be admitted as Precedents of the Council in his place: this the Council granted, limiting the same grant with these conditions: that these who thus were admitted Precedents of the Council in the place of Pope Eugenius, should be in that place without all coactive jurisdiction: that the manner of proceeding by disputations Ibid. sess. 17. should stand inviolate: that all the Council being equally divided Sine omni jurisdictione coactiva. into four deputations, nothing should be concluded but that which was confirmed by three deputations at the least: that the things thus confirmed should be enrolled by the Precedents or one of them: that if they refused to enroll such things, than should it be lawful for any other man, which was in one of the deputations, to do it: which must after this be brought to the congregation, and read there and publicly approved before it be concluded. They condition also that all the Acts of the Council shall be done and dispatched in the name, and under the seal of the Council. 45. Further in these late Counsels there is no memorable mention of the five nations. There was free access for all nations that would come, but there is especial mention of five nations, because these were the principal nations of these western parts: they are named in the first session of the Council of Basill, Italy, Britain, Germany, France, and Spain: nothing might be concluded unless it were first divers times published in the presence of the five nations, and by the general consent of them, confirmed. If things had passed in this manner in the Council of Trent, that free access might be given to all nations; that the Scriptures with the Father's founding themselves upon Scriptures, might be admitted the only judge of controversies; that the Pope should have no coactive authority, that nothing should be concluded, but by the consent of the five nations; then would we admit that Council to be free and general: but because in stead of these, the contrary was practised in Trent, that no judge could be admitted there, but the Pope; that none might have access to that Synod, but they who were first bound in an oath to the Pope; that therein the Pope practised coactive power, that nothing could there be concluded but by the direction of the Pope: therefore when we reject the Council of Trent, we do no more than our forefathers did in the Council of Basill, & before that in the Council of Constance, and before that in the Council of Pisa. We are the children of them that held these Counsels: whom seeing we find to be so peremptor ily bend against the Pope, and against the proceedings of the late Council of Trent, have we not warrant following the footsteps of our forefathers, utterly to reject and to condemn the Pope's jurisdiction which we have now found to be so late, so basely bred, without antiquity, honour, honesty or liberty? Against the Pope's pretenced jurisdiction, what can we say more, then hath been already concluded by these Counsels? 46. For they have concluded that a Council hath authority above the Pope: that the Church may correct and hath corrected Popes: Ecclesia Catholica Saepenumero summos Pontificos, Concili. Basil. Sess. 12. decretum citat▪ contra Papam. sive à fide delirantes, sive pravis moribus notorie Ecclesiam scandalizantes correxit, & iudicavit. Neque ubi de fidei periculo aut scandalo religionis Christianae agebatur, Romanis Pontificibus pepercit. They have concluded that the Popes may err as well as other men. Certum est Papam errare posse. [It is certain that Ibid. the Pope may err, and in the same place it is said: experience Responsio Synodal. de authorit. concilij generalis super Papam & quoslibet. proveth it, for we have often found and read that the Popes have erred: this Christ declareth if thy brother offend against thee, dic Ecclesiae, tell the Church, and if he hear not the Church, let him be to thee as an heathen or Publican: this compriseth all men, even Peter and his successors. This Paul declareth, that resisted Peter to the face, and before all: then he said it openly in the Church, and to the Church, which he said before all. The Popes that have not heard the Church, have been accounted as heathen and Publicans, as we read of Anastasius and Liberius.] And a little after, answering to a testimony of Thomas Aquinas, who held the Pope, Peter's successor, and Pastor of the universal Church, they say thus: De singularibus Ecclesijs & personis id intelligendum est, non de universali Ecclesia, quae saepe obedientiam justis de causis Romanis Pontificibus subiraxit: ut Marcellino, Anastasio, Liberio, Ioha. 12. Benedict. 9 Benedicto 13. johanni 23. That is, [That is to be understood of particular Churches & persons, not of the Universal Church; which many times upon just occasions hath withdrawn obedience from the Bishops of Rome: as for example, from Marcellinus, Anastasius, Liberius, john the twelfth, Benedict the ninth, Benedict the thirteenth, john the twenty three.] They have in like sort concluded, that the Pope's Government in the Church is to be admitted, not that he rule at his pleasure, but according Epist. Synodal. responsiva ad invectivam Eugenij. to the doctrine of Saint Peter. Ut ipse Ecclesiam Dei salubriter regat, non quidem ut pro libito voluntatis suae cuncta peragere velit, spre●…is canonibus sacrorum conciliorum, sed juxta beatiss. Petr●… doctrinam, sic regat non ut dominans in clero, sed ut formafactus gregis: Romanus enim Pontifex est universalis Ecclesiae minister, non Dominus. That is, [That he may sound rule the Church of God, not that he should do all things according to the lust of his own will, rejecting the Canons of holy Counsels; but according to the doctrine of Saint Peter: let him so rule, not as a lord over the Lord's inheritance: but as examples to their flocks: for the Bishop of Rome is the Minister of the Universal Church, and not the lord] They have concluded, that if this jurisdiction be granted to the Pope which he claimeth, Epistola Synodal. ad vniuers. Christi fidel. de obediendo council. gener. a●…d which his flatterers pretend for him, that by this means the way is laid wide open for Antichrist. Aperite oculos & videte, qualis ex hoc daretur ingressus Antichristo? That is, [Open your eyes and behold what an entrance by this means would be made for Antichrist.] So that they who yield any authority and reverence to these Counsels, must needs acknowledge, that the Pope's jurisdiction is laid down in the dust. 47. Now let Bellarmine come with his fine distinctions, and tell us that these Counsels are partly confirmed, partly reiocted, Lib. 1. de Concil. cap. 7. partim confirmata, partim reprobata: these be pleasant heads that can take of these Counsels what pleaseth them, and reject all that is against them: but let them collude with their own consciences as they list, they are not able to answer that which we urge, or any way to shift us off: for we do not urge these conclusions as decrees of Counsels: (though against them they may justly stand for such, but we do not produce them to that end) but only to declare the religion, sense, and judgement of Christendom, what it was at this time, and before: what was the doctrine of the Church, concerning jurisdiction: What the wisest, the most learned and best men in Christendom then taught: What was the judgement of the Church of Rome then: This is evidently declared by these Counsels, and that we may urge no more but this, by this we have enough to prove that the Church of Rome then stood fully against the Pope's jurisdiction. If they tell us that Eugenius and they who followed him was the Church, and not these that were gathered in Basil: I answer, this doth more and more confirm that which I have observed between the Church of Rome on the one side, and the Pope with his flatterers on the other side: who albeit they have gotten the upper hand by force and fraud, yet let them know the baseness of their birth and progeny: they are but a late upstart generation, beginning when Friars began: lifted up by the wind which themselves did raise, for increasing the Pope's pride: crossed and contradicted, yea refuted and condemned by the learned and godly that lived in the Church of Rome: never fully prevailing before the Council of Trent. Then let them not demand of us such f●…iuolous questions, where was our Church before M. Luther? for we are able to show both our Church, and their Church, the antiquity and not interrupted continuance of the one, and the base upstart and late rising of the other. §. V. john Gerson. 48. Having thus far declared the judgement of the Church of Rome, assembled in divers Counsels: now let us consider how in particular, the learned men of these ages stood affected in this question: and who they were that took part with these Counsels to advance the authority of the Church above the Pope: for they who followed the Pope in this faction were only Friars and flatterers; but on the other side were these, as then, the great lights of Christendom for learning, that I may of many remember a few. 49. First john Gerson, a man of great authority in the Council of Constance: who hath written divers books, wherein he preferreth the authority of a Council, before the Pope's authority, and speaketh much otherwise of jurisdiction, than the Court of Rome useth now to speak. His book De potestate Ecclesiastica, was pronounced and approved in the Council of Constance, in the year of Christ, one thousand four hundred and seventeen; as in the end thereof appeareth: from whence I will observe some things, declaring his judgement in our question of jurisdiction. First he describeth that spiritual power which Christ hath left to his Church, thus: Potestas Ecclesiastica Gerson de potest▪ Eccles. consid.. ●…. est potestas quae à Christo supernatur aliter & specialiter collata est suis Apostolis & discipulis, ac eorum successoribus legitimis usque ad finem saecul●…, ●…d aedificationem Ecclesiae militantis secundum leges Euangelicas pro 〈◊〉 faelicitatis aeternae. That is, [Ecclesiastical power, is a power supernaturally & especially given by Christ to his Apostles and Disciples, and their lawful successors unto the end of the world, for the edification of the Church Militant, according to the evangelical laws, for the obtaining of eternal life.] This power we acknowledge with Gerson, nay with all the ancients, who speak no otherwise of the power which Christ hath committed to his Church. But then we wish that our adversaries might understand how they wander in ignorance and confusion: confounding this power which is spiritual, executed secundum leges Euangelicas, with that power which is coactive and executed secundum leges Canonicas. It is their common manner to confound these things, and thereby to perplex themselves and their readers: but of all that ever I read, Answer to the fifth part of Reports. he surpasseth; who calleth himself the Catholic divine: for confused & unlearned handling of these things. Then the power which Christ left to his Church, is practised secundum leges Euangelicas: this is the true power of the Church. But our question hath been altogether of jurisdiction coactive, executed not secundum leges Euangelicas, therefore not given by Christ to his Church: but belonging to such laws, to whom all coact●…ue power peculiarly belongeth. 50. Of this coactive power, the same Gerson saith thus: De potest. Eccles. consid. 4. Potestas Ecclesiastica jurisdictionis in foro exteriori, est potest as Ecclesiastica coactiva, quae valet exerceri in alterum etiam invitum. That is, [Ecclesiastical power of jurisdiction in the exterior Court, is an Eccle●…iasticall power coactive, which may be exercised against another, though it be against his will.] And a little after, speaking of the same coactive power, he saith: Potestas haec jurisdictionis Ecclesiasticae adeo vicina est jurisdictioni faeculari & politicae, quodlaicis imò & mulieribus pleruinque & in multis casibus communicari potest executio vel commi●…ti. That is, [This power of Ecclesiastical jurisdiction, cometh so near to secular and Civil jurisdiction, that the execution hereof may be communicated or committed for the most part, and in many cases to Lay-men, yea even to women.] Then this power is not from Christ directed to Church-governors, which may be executed by Lay-men, and women. For Christ gave no jurisdiction to his Church, which may be executed by such. Now if this coactive jurisdiction may be executed by Lay-men: why not by Magistrates? If by women, (of which thing most of the Popish writers are agreed) how then standeth it against the laws of nature, and grace, the Civil and the Canonical laws, and I know not what other laws, as the Catholic divine telleth us, that a woman should have this jurisdiction? for if a woman may be a Magistrate, it must needs follow that a woman may have that power which God hath given to Magistrates. 51. Gerson speaking of the power of the Church, not this coactive, but that which is given, secundum leges Euangelicas, declareth that it is founded upon the text of Mat. 18. Dic Ecclesiae, Ibid. consid. 4. etc. Funda●…ur in hoc textu, saith he, Plenitudo potestatis gladis spiritualis & executio eius in Ecclesia super quemlibet Christianum, quiest frater noster, etiam si Papa fuerit: nec accipiendum hic, dic Ecclesiae, id est Papae; quia Christus Petro loquebatur qui non dixisset sibi ipsi. That is, [The fullness of the spiritual sword above any Christian that is our brother, though he be a Pope, is founded upon this Text: neither must we take it so, tell the Church, that is the Pope: for Christ spoke this to Peter, who was not bidden to tell it to himself.] He declareth also, and much complaineth that the Ecclesiastical jurisdiction was by the practice of Popes, intruding ●…pon Civil Government; so strangely confounded, that a man could not in those days decern the difference between the right of the Church and of Princes. Potestatem Ecclesiasticam confundit magna caligine ●…upiditas Ibid. consid. 8. ambitiosa, quaerens quae sua sunt, & quae crescentibus benefic●…orum dotationibus impudenter excrevit: Ita ut vix decerni modo possit, quid ex primaria institutione Christi, vel inuariabil●… iure divino tenendum sit. That is, [Ambitious covetousness seeking her own, and impudently enlarging her power as the dotation of benefices increased, hath confounded the Ecclesiastical power with a great mist: So that now it may scarcely be discerned, what we are to hold of the first institution of Christ, or by the invariable divine law.] Then this jurisdiction was by the Popes hurled into such a confusion, that men of the best learning were much troubled with distinguishing this confused mass. And so far did this confusion grow by means of the canonists extolling▪ the Popes jurisdiction without measure, that the same Author was forced to complain bitterly thereof thus: Hinc ●… quivocatio per dominos iuristas, qui loquentes de plenitudine Ibid. consid. 10. Ecclesiasticae po●…estatis Papalis, solum loqui videntur de potestate jurisdictionis: ex qua locutione videtur haec absurditas sequi, quod purè Laicus, imo & foemina posset esse Papa, & habere plenitudinem Ecclesiasticae potestatis. That is, [Hence cometh equivocation induced by my masters the Canonists, who speaking of the fullness of the Papal Ecclesiastical power, seem to speak only of the power of jurisdiction: by which speech this absurdity seemeth to follow, that a pure Lay-man, yea a wòman may be Pope, and have the fullness of Ecclesiastical power. 52. And thus, I trow, they will bring their jurisdiction to a fair issue: that if we should grant it, as they claim it, this inference must also go with it; that a Lay man or a woman may be Pope; were it not much better to give to each his own right, to the Magistrate all power coactive, to the Church power over the souls of men according to the laws of the Gospel: then to follow all these absurd fancies, by taking away from the Church and Magistrates their distinct rights, and casting a new, unlawful, confounded jurisdiction upon the Pope? And that we may understand how the Papal jurisdiction grew only by the Pope's flatterers, of such knaves he saith thus: Adulatio negat Papamposse Simoniacam committere, quoniam sua sunt omnia Ecclesiastica bona: concedit quod super 〈◊〉 est, potens ab altero Ibid. consid. 12. ius suum tollere, & quod nec ab eo appellari, neque eum iudic●…aliter evocari, nec obeaientiam ab ●…o sub●…rahi: hic 〈◊〉 symbolum fide●… condere, hic solus causas eiusdem fidei tractare potest. Solus definitiones, regulas, leges, & Canon's conduit: alioquin quic quid per alios definitur, statuitur etc. irritum est, fallor si non ante celebrationem huius Concilij Constantiensis sic occupaverat mentes plurimorum ista traditio, ut oppositorum dogmatizatio fuisse●… de heretic●… pravitate vel notata, vel damnata. That is [Flattery denieth that the Pope can commit Simony, because all Ecclesiastical goods are his: it granteth that the Pope is above law, able to take from a man his right, and that neither an appeal may be made from him, neither may he be called judicially to trial, nor obedience be drawn from him: he only must make Articles of faith: he only must determine the causes of faith: only he must make definitions, rules, laws, and Canons: otherwise whatsoever is defined, ordained by other, etc. it is void. I am deceived if before the celebration of this Council of Constance this tradition did not possess the minds of most men, insomuch that they who taught otherwise, were noted, or condemned for heretical pravity.] 53. In these words some things are observable: First, That this unlimited jurisdiction is given to the Pope only by base fellows, flattering knaves, against the judgement of the learned and grave men of the Church of Rome, and against the judgement of these Counsels: Secondly, that the judicious and grave men of this age, as Gerson and such like, yea all that were assembled in this Council, were noted by these base flatterers, and suspected or condemned of heresy. The Pope and his flatterers wanted no good will then, to have made them all heretics. And it is to be observed that the heresy which most of all troubled the Pope with his flatterers, stood in this pretenced jurisdiction: for this is the cause wherefore flattery, as Gerson saith, would have imputed heretical pravity to the Council: Thirdly, and last of all, the distinction between the Church of Rome and the Court of Rome, whereof we have so often spoken, is here again confirmed. For these flatterers stood for the Pope's jurisdiction against the Church of Rome here assembled in a Council: but howsoever they have prevailed since, we see here that by the Church of Rome, they were accounted then but a base company of flatterers. These be they who afterward prevailed in the Council of Trent, lifting up the privileges of the Pope above the Church: And this is that Church on the other side, which then was in danger to be pronounced heretics by the Pope, and these who are marked and branded, not by me, but by Gerson, Cusanus, Aeneas Silvius, and the rest of both these Counsels of Constance and Basil, to be no better than a generation of base flatterers. 54. Then there is no great thing done, or at which the world may marvel, when we see the reformed Churches at this day accounted heretics by the Pope and his flatterers: for this was a thing long looked for. The Church did bear the pride of the Pope, the ignorance and insolency of his flatterers, as long as she could endure it. And when there was no remedy, made a separation indeed from the Pope, and his flatterers, holding on still in the ancient ways of our fathers, who have from time to time made resistance against the Pope and his servants: from which ancient way of our forefathers, from their profession, sense, judgement and religion, the Council of Trent hath made a famous defection, having declined and turned aside from the ancient and constant profession of the truth, in doctrine and jurisdiction, unto these new and strange devices taken up of late, and invented by Friars and flatterers of the Court of Rome. This defection which the Pope hath made from the Church, and the Church from him, was long before looked for: and divers did speak of it, before it came to pass: as Mat. Paris declareth, that some feared it might have been done by Bishop Grost head, so Cardinal Cusanus declareth, as hereafter we are to show, how the Church may depart from the Pope. 55. The same Gerson saith also: Concilium generale potestatem Serm. pro viagio reg. Rom. direc. 1 à Christo immediatè habet, cui quilibet cuiuscunque status etiamsi Papalis existat obedire tenetur, in his quae ad fidem & extirpationem schismat is pertinent. That is, [A general Council hath power immediately from Christ; whereunto every man is bound to obey in things concerning faith, and the extirpation of Schism, of what state soever he be, though a Pope.] And he addeth thus much: Saluberima haec determinatio lex fundamentalis & velut infallibilis adversus monstrosum horrendùque offendiculum, quod positum erat per multos determinantes ex texibus grossè non ad regulam Euangelicam acceptis, etc. generale concilium totum â Papa robur immeditate sumere. That is, [This most sound determination is a fundamental law, and as it were infallible against that monstrous and horrible offence, which is given by many, concluding from texts grossly understood, and not according to the evangelical rule, etc. That a general Council receiveth all strength immediately from the Pope.] In which words he observeth that the Pope's flatterers, who brought in this Papal jurisdiction above the Church & Counsels, did induce hereby a monstrous and horrible offence in the Church. This offence, saith he, was given by such as would prove this jurisdiction from certain texts of Scripture, as: Tu es Petrus, & super hanc Petram aedisicubo Ecclesiam meam: and, oravi pro te Petre, etc. And such like which are wire-drawen to countenance this Papal jurisdiction. Which texts, saith Gerson, are grossly taken by these flatterers, and not according to the rule of the Gospel. And seeing we find that the Jesuits at this day have no other ground for the Pope's jurisdiction, than the same texts by them and their forefathers distorted into a wrong sense, as it is observed by our forefathers against them: let the Jesuits know themselves to be the generation of those that have distorted the holy Scriptures, and thereby brought a monstrous and damnable offence into the Church. Gerson presently after this declareth, that against these flatterers, the reverend Cardinal Cameracensis (whom he calleth his worthy master) did write in defence of the truth. Scripsit (saith he) super hanc materiam reverendiss. pater dominus Cardinalis Cameracensis praceptor meus inclytus: which book of Cameracensis, if it be extant (for I could not see it, though I much desired) I suppose might make these flatterers to be better known, and the right of the Church more strongly confirmed. 56. Gerson proceedeth, and of that jurisdiction which the Lib. de auferebilit. Pap. consid. 8. Pope claimeth by imposing his Canon laws upon other Princes, he saith: Papa non debet 〈◊〉 ut Canones positi aut alienae traditiones humanae●…nuariabiluer obseruentur per omnes nationes. That is, [The Pope ought not to strive to impose his Canons, or that other human traditions be kept invariable of all nations.] Where he declareth that this imposing of the Pope's jurisdiction upon other nations, gave occasion to the greeks to make a separation from the Latins, and daily ministereth occasions of contention through Christendom. In the same Book which he entituleth, De ●…uferibilitate Papae, he holdeth positively, that howsoever in some other respects there might be some use of a Pope, yet concerning this our question of jurisdiction, the Pope with all his pretenced jurisdiction might be utterly removed from the Church, his position is: Auferibilis est Papa Ibid. consid. 15. per gener●…le concilium perpetuo, 〈◊〉 adtempus, quoad ea omnia quae sunt ●…urisdictionis. That is, [The Pope may be removed by a general Council, either for ever, or for a time, in respect of all things pertaining to jurisdiction.] Now if the Pope may be removed from the Church, in respect of jurisdiction, than the Canonists are quite put down, who hold that the very essence of the Papacy standeth in jurifdiction. Further concerning this question of jurisdiction, the same john Gerson hath made a Treatise, wherein he hand●…eth this question, An liceat in causis fidei a summo Po●…tifice appellare? Wherein he determineth, that a man may appeal from the Pope. §. VI Cardinal Cusanus. 57 SOmewhat after this wrote Cardinal Cusanus, who offered his Book De concordantia Catholica, to the Council of Basil: submitting himself and his labours to the judgement of that Council. It appeareth that about this time there were some motions and consultations of a revolt from the Pope and Court of Rome: which consultations were moderated then for a time, by such learned men as were in greatest estimation: but afterward upon the like reasons it broke forth. Cusanus disputeth this point in an Epistle written to Roderic de Trevino, ●…rator to the King of Castille. Wherein he Written. An. Dom. 1442. seemeth first to dissuade the separation, producing that out of Augustine, Nullam posse causam dari ob quam necessarium sit ad schisma per●…enire. That is, [That no cause can be given for which it may be necessary to come to a schism.] But after much dispute, at last he resolveth that the case may be such, that the Church may well depart from the Pope: Quando sacer Princeps (saith he) contra sanctorum patrum statuta aliquid praesumit, ubi non constat eum ex causa 〈◊〉 aut necessitatis moveri, sed ex aliqua particulari indig●…a causa, time ipse in priora Petri mandata offendit, exiens vires potestatis suae. Quapropter non esset incon●…eniens, si pertinaciter in hoc persisteret, Ab eo recedi posse per Ecclesia●…. That is, [When the holy Prince presumeth against the laws of holy Fathers, where it appeareth that he is not moved thereto because of the public good, or necessity, but from some particular of his own and an unworthy cause; then hath he first offended against the former precepts of Peter going beyond the limits and strength of his power. Therefore if he persist therein incorrigibly, it is nothing inconvenient for the Church to depart from him. 58. Then if a Pope make a departure first from the Mandates, Doctrines, and faith of Saint Peter, thus going out of the bounds of his power: in this case it is the judgement of the grave Cardinals of Rome, who lived and wrote long before M. Luther was borne, that the Church might make a separation from the Pope. john Gerson saith as before we heard, that this separation may be for a time, or for ever. Now than whereas this separation is made from the Pope by the reformed Churches, there is nothing done but that which the Church had in consultation to do long before, in case the Pope should persist in his pride and transgressions, and show himself incorrigible. So that it is no marvel if the Church which hath so long before thought of this departure, being thereunto so much provoked by the intolerable ambition of the Pope, hath once performed that thing, which was so long in consultation: especially seeing the Church hath for the same, both the warrant of holy Scriptures, which doth fully not only prophesy of this departure, which the Pope hath made from the truth, and consequently which the Church was to make from the Pope: but also giveth express commandment to the people of God to depart from thence; Go out of her, my people. And besides this Apoc. 18. 4. warrant of holy Scriptures they had also the judgement of the Church before them: which Church whether we consider it in particular members, as the learned men, principal instructors and preservers of doctrine: or in general Counsels; hath as we see oftentimes declared herself to be wearied with bearing the Pope's proud and ambitious jurisdiction; and hath been in great consultation to cast off the yoke of this Egyptian bondage. 59 Now from that book which this Cardinal Cusanus wrote De 〈◊〉 Catholic●…, we will observe some things, Lib. 2. cap. 13. de Cathol, Concord. wherein he declareth his judgement against this Papal jurisdiction. And first he disputeth against them that think the Pope hath more power than other Bishops. Oportet primum, si hoc verum foret, Petrum aliq●…d à Christo singularitatis recepisse, & Papam in hoc successorem esse: sed scimus quod Petrus nihil plus potestatis à Christ●… accepit, aliis Apostolis 21. d. in novo 24. q. loquitur. That is, [First if this be true, it must be granted that Peter received some singular power from Christ, and that herein the Pope is his successor: but we know that Peter received no more power from Christ, than the other Apostles 21. d. in nou●… 24. q. loquitur. And of this spiritual jurisdiction, he saith thus: Cum potestas ligandi & soluendi, in qua fundatur omnis Ecclesiastica Ibid. Iuris●…ictio, sit immediate à Christo, quia ab illa potestate ligand●… & soluendi, sit diui●…a jurisdictionis potestas, patet omnes Episcopos & forte etiam presbyteros aequales esse quoad jurisdictionem. That is, [Seeing the power of binding and losing, in which all Ecclesiastical jurisdiction is founded, is immediately from Christ: and because the power of divine jurisdiction is from this power of binding and losing; it is evident that all Bishops (perhaps also all Priests) are equal in respect of this jurisdiction.] And again he saith: Quod universal concilium propriè captum scilicet quod universam Ecclesiam representat, sit supra Patriarchas & Roman. Pontificem, credo ●…ubium esse non debere. That is, [I hold it a truth not to be doubted, that a general Council properly taken, that is as it representeth the universal Church, is above patriarchs, and the Bishop of Rome.] And again, Papa per Synodum in criminibus etiam aliis quam h●…resi Ibid. cap. 17. i●…dicari potest. That is, [The Pope may be judged by a Synod for other crimes also besides heresy.] Now for the jurisdiction Ibid. of the civil Magistrate, the same Author speaketh thus: Imperator Christianorum in sua praesidentia est Christi vicarius. Ibid. lib. 3. cap. 5. That is, [A Christian Emperor in his office, is Christ's Vicar.] And again: Omnis rex & Imperator habet officium Publicum ad Publicam utilitatem or di●…atum: Publica utilitas est pa●…ad quam ordinantur justicia & justa praelia: principium autem pacis est ad ●…inem 〈◊〉 ●…rigere subdit●…s, & media illum 〈◊〉 sunt sacra instit●…ta religionum: quare prima cura Imperialis in 〈◊〉 obseruandis ver●…ur. That is, [Every King and Emperor hath a public office, ordinate to the public good: the public good is peace, whereunto justice and just wars are ordinated: the fountain of peace to direct subjects to an eternal end; the means to obtain that end the holy ordinances of religion: wherefore the first and chief care imperial consisteth in the observation of those ordinances.] And therefore he saith: Imperator curam custodiae gerit: And again, isto modo imperator dicitur advocatus vniuer●…alis Ecclesiae, & custos sides orthodoxae: Which thing he proveth by the ancient practice of the Church, because in the Chalcedon Council the Emperor Martia●…us is called, custos fidei: and the Emperor Basilius in the beginning of the eight Council saith, that the government of the Church was by the providence of God committed to his hands. 60. The same Author speaking further of the office of Kings, and of their jurisdiction in Church affairs, and in Counsels saith: Debent r●…ges & principes Synodos congregare juxta admonitionem Ibid. sancts Gregorij ad Theodoricum regem Francorum, ex registro, 273. Iterata vos per vestram mercedem adhortatione pulsamus ut congregari Synodum iubeatis. That is, [Kings and Princes ought to gather Synods according to the admonition of Gregory writing to Theodoricus the French King; ex registro 273. We move you with our redoubled petition, that even for that reward that is reserved for you, you will command that a Synod may be gathered.] Another part of the office of a Prince, is saith he, Confirmare & custodire in concilijs 〈◊〉. which thing he proveth by diverse ancient authorities: and concludeth that Emperors have ever had this authority. He saith that in this thing he had made diligent search, and had found this practice continued in all general Counsels until the eight Synod inclusively. In which search, saith he, I find by the acts of all general Counsels, aswell in Chalceon, Ibid cap. 13. as in Constantinople, Nice Ephesus, that either the Emperor was present in person, or some judges his Vicegerents: and those not above twenty, seldom fifteen: but when the Emperor Reperio eum semper presedisse. cap. 16. himself was present in person, I find saith he, that he was always President of the Council: no other secular Prince hath right to be present in the Council, saving the Emperor. Laici non habent vocem Synodalem sed tantum audire debent. Unless the Emperor appoint some to be present: but being present they have no voice in the Council, but may sit only to hear: this he proveth by that testimony of Ambrose, in the cause of faith, Bishops are the judges and not the Emperors. lib. 3. cap. 17. 61. And whereas this ancient jurisdiction of Princes was so disordered by the Pope, that by Papal intrusions and encroachments, the Princes had well-nigh lost their right, and temporal jurisdiction turned into spiritual jurisdiction; of this he much complaineth, and openeth the true cause of all this disorder to be in the insatiable covetousness of the Court of Rome: for thus he saith: Rabidus appetitus ad ipsa terrena Ecclesijs annexa Dominia, Episcopis ambitiosis hody inest etc. de temporalibus omnis cura, de spiritualibus nulla. Non fuit ista intentio Imp●…ratorum, Lib. 3. cap. 24. non volebant spiritualia à temporalibus absorberi etc. dumb vacant Ecclesiae semper in periculo schismat is existunt etc. Si perelectionem providendum est, ambitio procurat di●…isionem v●…torum. Si per curiam facilius persuadetur pro plus offerente: & omnia ill●… gravamina adveniunt pauperibus subditis: curia attrahit quicquid pingue est, & id quod Imperium contulit, & pro Deicultus, & bono publico ordi●…auit sanctissime, avaritia & cupiditate exorta palleatis rationibus & novis adinuentionibus totaliter pervertitur: & Imperiale efficitur Papale, & spirituale temporale. That is [Such a ravenous appetite is in ambitious Bishops at this day, toward the temporal Dominions annexed to Churches, etc. all their care is for the temporalties, not for spiritual matters: this was not the meaning of Princes, they meant not that the spiritual labours should be devoured by temporalties, etc. Whilst the Churches are vacant, there is always some danger of a schism etc. If they proceed by election, ambition procureth a division of the voices: If by the Court, he that bringeth most is best heard, and soon prevaileth. And all these grievances come upon the poor subjects, whatsoeveris fat and rich, the Court of Rome draweth to herself; and that which the Empire as well for the worship of God, as for the public good hath conferred upon the Church, and ordained to an holy end, all is utterly perverted through filthy covetousness, and certain painted reasons, and new inventions are devised to colour it. And thus the Imperial right is now made Papal, and temporal right is made spiritual.] Then these be the observations of the learned men of the Church of Rome long before us, that the Pope had intruded upon the emperors right: now what soever the Pope had once practised, that must be called spiritual: Thus the jurisdiction of the Emperor being once by cunning or force wrested from the Emperor, being found in the Pope's hand it was presently called spiritual jurisdiction; as he doth most truly observe, Imperiale efficitur Papale, & spirituale temporale. 62. By all which we find the judgement of this man to be directly against the Pope's pretenced jurisdiction, and for the right of temporal Magistrates: when we find the Cardinals of the Church of Rome, to write thus before the time of the contention, and before M. Luther was borne: we are not so much to consider their private judgements in these things, as the received judgement of the Church wherein they lived, that is the Church of Rome: from the judgement of that Church they departed not; but in these things do faithfully deliver unto us the judgement of the same Church, standing against the judgement of the Pope, and his Court, consisting of Friars and flatterers. Thus we see the cause of the Reformed Churches thoroughly justified by this learned Cardinal, their separation from the Pope and the Court of Rome warranted, because the Pope hath first made the separation from the profession of Saint Peter, and from the faith of holy Scriptures, and the idugement of ancient fathers: In which case he granteth that the Church may depart from the Pope, and thereby doth justify the separation that is made. §. VII. Aeneas Silvius. 63. AT this time wrote Aeneas Silvius, afterward called Pope Pius the second: he hath written a book of the acts and proceedings of the Council of Basil: from which I will note some things, wherein the judgement of this man may appear, concurring with the judgement of the Church of Rome in his time, but repugnant to the Pope and his flatterers. First handling that Text, Tues Petrus, & super hane Petram, etc. he saith thus: A quibus verbis ideó placuit exordiri, quod aliqui verba h●…c ad extollendam Rome Pontificis authoritatem Lib. 1. de gestis ●…asil. council. solent adducere, sed ut stati●… patebit alius est v●…rborum Christi sensus. That is, [With which words I thought good to begin, because some use to allege these words to extol the authority of the Bishop of Rome: but as it shall soon appear there is another sense of Christ's words.] Who are they who in the judgement of this man, do pervert the words of Christ? Let the jesuits answer, and let them give us some reason, able to satisfy a man of reason, why that cause should not be held damnable, which is condemned by their own writers: their Bishops, their Cardinals, their Popes? Let them not tell us that this Pope Pius was of another mind afterward, when he was Pope: and before he was Pope he might err; but after he was once Pope he could not err: these be plain collusions of them who write such things, and illusions of such as believe them. For it is not possible that any man should write, or speak or think such things from conscience: Shall I think that any learned man can think in conscience this to be true, that the Pope cannot err, when I hear the testimony of the Church so full against it? When I hear such as come to be Popes, refute it before they come to that place? When I hear such as have been in the place, exclaim in the extremity of desperation, that no man in the world liveth more miserably than the Pope, that to be a Pope, is to succeed Romulus in Parricide, not Peter in feeding; that no Pope can be saved: when all this is proved by the Church of Rome, confessed by Popes themselves; after all this to say the Pope cannot err, is nothing but collusion. No man can be drawn to such an opinion by conscience, but by such worldly respects as do bind, and blind, and lay waste the conscience of them that will not love the truth. 64. 〈◊〉 Silvius proceedeth, and out of S. Jerome expounding those word; p●…rtas inferi, the gates of hell, he proveth that they are to be understood of sins. And declareth that great sins and malignant spirits cannot prevail against the Ibid. Church. Quod de Rom. Pontisice, saith he, qui homo est, nemo dixerit: nec illis praestemus aures qui illa verba Christi (●…raui pro te Petre ne deficiat fides tua) nolunt ad Ecclesiam referri. That is, [Which thing no man can say of the B. of Rome, who is a man: neither are we to harken to them who will not have those words of Christ understood as spoken to the Church, when he saith, Peter I have prayed for thee, that thy faith failenot.] Where he proveth out of S. Augustine, that those words are to be referred to the Church. And that they cannot be understood o●… the Bishops of Rome, he is resolved & giveth such reasons as may resolve any other, that will not wilfully blindfold himself (as many do that the blind doctrine of jesuits may work more powerfully in them) For saith he, Romani Episcopi aut haeretici, aut infecti vitijs sunt reperti. That is, [The Bishops of Rome have been found either Heretics, or vicious men.] And concerning this jurisdiction he saith: Omnis anima potest atibus sublimioribus subdita sit: nec excipit animam Papae. That is, [The Apostle saith, let every soul be subject to the higher powers: he excepteth not the soul of a Pope.] And again, Maximè Rom. Pontisicem subiectum Ecclesiae verba Christi ostend●…nt, quum Petrum. futurum Papam ad Ecclesiam remittat: dic Ecclesiae. And afterward, Si haereti●…us est qui Romanae Eocle siae primatum aufert etc. quanto magis haereticus erit, qui Ecclesiae detrahit●… qua Romana & omnes aliae continentur. In which words we find, that by the Church of Rome he understandeth not the Catholic Church dispersed over the world: but only a particular Church among many other, having only in his judgement this privilege, that in respect of other Churches it had a Primacy: This he saith, not for the Pope, but for the Church of Rome: which Church he holdeth but a part of the Catholic Church. For if we understand the Church of Rome, that particular Church, which of old hath been governed by the Roman Bishops, this is but a particular Church: of this particular, the B. of Rome is the chief, & head inspirituall matters. But if by the Church of Rome, we understand an a●…sembly, or united consent of these western Churches, among which the Church of Rome hath been honoured as a Mother Church: in which respect all these Churches, as they are united, are sometimes called the Roman Church. In which sense also I find that distinction observed between the Church of Rome & the court of Rome. In this sense the particular Church of Rome is understood a part and member of this, and the Pope hath always been understood as subject to this Church, and not above it. 65. Now that distinction which before we have observed between the Church of Rome on the one side, and the Pope with his flatterers on the other side: is noted also by the same Author. For of the Church he saith thus: Opini●… omnium mortuorum est, si opinio vocari debet, quae idoneis confirmatur authoritatibus, Ibid. quia Rom. Pontifex universali 〈◊〉 subiectus exist●…. That is, [It is the opinion of all that are dead before us, if it may be called an opinion; which is confirmed by such pregnant authorities, that the Pope is subject to the universal Church.] In which words, he declareth the judgement of the Church which was before his time. But speaking of the Pope with his flatterers, he saith: Sunt aliqui sive auids gloriae, five quod 〈◊〉 praemia Ibid. exspectent, qui perigrinas quasdam & omnino novas praedicare doctrinas caeperunt, ipsumque summum Pontificem ex jurisdictione sacri concily demere non v●…rentur: excaecavit ●…os ambitio. That is, [There be some who either because they are greedy of glory, or because by flattery they hope for rewards, begin to preach certain strange and altogether new doctrines, they are not afraid to exempt the Pope out of the jurisdiction of an holy Council: ambition hath blinded them.] This is the religion which the Jesuits would make so ancient: here is their high antiquity. In the time of Aenaeas 〈◊〉 (who wrote in the year one thousand four hundred and fifty) their religion is called an absurd, a new and a strange doctrine: herein Silvius is a witness without exception for so much of their religion, as concerneth the Papal jurisdiction: which is in sum all the religion of the Jesuits. When thus it is marked, and marked by a Pope, their mouths are stopped for ever. For he doth deliver the sense, judgement, and religion of the Church in his time, faithfully and freely, against which testimony no exception can be taken. 66. And that these men that have brought in this new, strange, monstrous religion may be thoroughly known, and no doubt or scruple left behind; he describeth them thus: Alius dicit quod primam sedem nemo i●…dicabit, quod 〈◊〉 〈◊〉 Augusto, neque ab omni clero, nec à regibus etc. iudicars' valeat: 〈◊〉 ●…ere non veretur Rom. Pontificem quamuis animas 〈◊〉 〈◊〉 ad inferos trahat, nullius reprehensioni fore subi●…ctum. Nec considerant miseri, quia qu●… praedicant tantopere verba, aut ipsa●… summorum Pontificum sunt suas fimbri●…s extendentium, aut eorum quieis adulaba●…tur. That is, [One saith that no man may judge the first sea, that he may not be judged, either of the Emperor, nor by all the Clergy, nor by Kings, etc. Another is not ashamed to affirm, that though the Pope should draw innumerable souls with himself to hell, yet no man ought to reprove him. Neither do these wretches consider, that these doctrines which thus they would adu●…nce, are either the words of the Popes themselves, enlarging their fringes, or the words of their flatterers.] Then in his judgement it is clear, that the Church on the one side held the truth even till his time, in this point of jurisdiction: and on the other side, the Pope and his flatterers maintained, as he calleth them, new and strange doctrines of jurisdiction: It is well to be observed that 〈◊〉 Silui●… before he was Pope could so freely condemn this Papal jurisdion: And was he trow you, a Lutheran? verily so was the Church in his time: for he doth deliver not so much his own private judgement, as the judgement of the Church in his time, and in the times before him. For he saith it was the judgement of all that lived and died in the Church before him, 〈◊〉 mortuoru●…: that the Pope is to be judged by the Church, by a Council; and that therefore the Council is above the Pope. This, faith he, is the opinion of all that lived and died in the Church. And yet he knew well that Friars and flatterers had before his time maintained the contrary: but these he regarded not, because the Church then regarded them not; they were but of base and vile account in respect of the Church: and so much the more vile, because against the judgement of the ancient Church, against the rules of interpretation, against honesty and conscience they had drawn some texts of Scripture to maintain this Papal jurisdiction. These are they whom these learned men call, 〈◊〉, miserable and wretched souls, who will not understand that all this which they bring for the Pope's jurisdiction, is nothing but the vain words of the Popes themselves, or of their flatterers. 67. Now seeing the Pope with his flatterers hath much prevailed since this time, against the expectation of these learned men: must we not conclude that they have herein made a departure from the Church: that they are but flatterers, who now follow the Pope: that they were never accounted otherwise by the graver sor●… of the Church of Rome: that their opi●…ions are new and strange. Th●…n with what countenance can the successors of Aen●… 〈◊〉 p●…t upon v●… the imputation of heresy, who follow the ingenuous, free and sincere judgement of the same Siluiu●…; leaving these opinions whi●…h are confessed by him to be new▪ fond, strange, unreasonable devices of base flatterers, and maintaining the 〈◊〉 truth, which by the testimony of these men always continued in the Church. This man with many mo●…, will be raised up in the day of judgement, against this present generation consisting only (even by the confession of their own Bishops, Cardinals, and Popes) of the Pope and his flatterers, forsaking the fellowship of the Church▪ 〈◊〉 is the ground of their conscience. For let me speak only of this part of their religion which now I handle, that is jurisdiction: and what ground can any man find here, whereupon he may rest his conscience? Let them not bring us an idle and impertinent discourse of their three conuersion●…, which in good time by the grace of God will be reu●…rsed, but let them come to the point, and let them show in this particular, what ground of conscience, any man may have to rest on, for the Pope's jurisdiction: which was crossed, contradicted and inhibited by the ancient Fathers, confuted by the learned men of the Church of Rome, condemned by the Council of the Church of Rome, maintained by none, ●…ut such as are thus notoriously branded with the ignominious titles of flatterers. 68 And because the Pope and his flatterers (for sp●…aking of them, I must use this name and style which so many writer●… of the Church of Rome have used before me, let ●…hem not blame me, or think that I 〈◊〉 them: I use but the words of these other writers whom I have cited) These men I say, being driven in argument from all helps, having no means to answer the learned that disputed against them; did use to fly for help to these words of the Gospel. Thou art Peter, and to thee will I give the keys of the kingdom of heaven: and, I have prayed for thee Peter, that thy faith fail not; and such like: the same Author declareth that they did altogether abuse and pervert these places of Scripture, against the sense of the words, and against the expositions of the ancient doctors. For thus he saith: E●… quia huiusmodi dicta solutionem habent, recurrunt statim ad evangelium: tu es Petrus, & tibi dabo claves regnic●…lorum: & rogavi pro te Petre ne deficiat fides tua, & duke in altum rete, etc. Qu●… om●…ia hi homines miro modo sublimant, expositionibus sanctorum doctorum omninò posthabuis. That is, [And because these words containing their reasons, a●…e all answered, they fly presently to the Gospel: thou art Peter, and to thee will I give the keys of the kingdom of heaven: and, I have prayed for thee Peter that thy faith fail not, and cast thy net into the deep, etc. All which these men after a marvelous manner: raise up to extol the Pope, rejecting altogether, & casting behind them the expositions of an●…ient doctors.] Then we have one Pope full of our side; for he assureth us, that this new & strange wresting of these texts to advance the Pope's jurisdiction, standeth wholly against the expositions of the ancient Fathers. Aenaeas Siluiu●… in the same book, speaketh much in the honour of the French Cardinal of Arles, as an especial admirer of his virtues. Lodovicus Ibid. Cardinalis Arelatensis, saith he, Uir omnium con●…tantissimus & ad gubernationem generalium concilior●…m natus. That is, [A man of all other, mo●…t constant, and one that was borne for the government of general Counsels.] One testimony I would produce of this Cardinal, and then we have three Cardinals for us, Cameracensis, Cusanus, Arelatensis. This Cardinal, in the mids of the Council of Basil, professed that the doctrine of the Pope's jurisdiction over general Counsels, was a new doctrine, and strange at that time in the Church. ●…ardinalis Arelatensi●…, Ibid. saith he, ai●… Eugenianos' nuntios implesse Galliam, qui 〈◊〉 doctrinam praedicantes authoritatem Romani Pontificis supra generalia concilia magnifacerent. 69. After all this, when we find that Cardinal Bellarmine and the rest of the Friars and flatterers, have nothing to say for the Pope's jurisdiction, but that which is condemned by these learned men, as a new and strange doctrine in the Church; have no other reasons to maintain this their new doctrine, than the perverting of these texts of Scriptures, which distorting of Scriptures is expressly censured by the said learned men, as standing against the natural sense of the words, and against the expositions of the ancient Fathers, writing of those Scriptures: when we find not one or two, or a few; but the cry of the whole Church against them: who is able by any show of learning to avoid our conclusion; that they who thus maintain this Papal jurisdiction, are the followers of their forefathers, that is only Friars and flatterers. And that we who deny this Papal jurisdiction, giving to the Church on the one side, and to Sovereign Princes on the other side; their proper, distinct, ancient rights respectively belonging to each of them, are the followers and the children of our forefathers, that is the true, ancient, unchanged Catholic Church. FINIS.