Iurisdiction regall, episcopall, papall Wherein is declared how the Pope hath intruded vpon the iurisdiction of temporall princes, and of the Church. The intrusion is discouered, and the peculiar and distinct iurisdiction to each properly belonging, recouered. Written by George Carleton.

OF THE IVRISDIC∣TION OF PRINCES, IN Causes and ouer Persons Ecclesiasticall.

CHAP. I.

The state of the Question.

THe lawfull authoritie and Iu∣risdiction of Kings in matters Ecclesiasticall, is now and hath beene for some ages heeretofore much impugned by such, who by vsurpation hauing incroached vpon the right of Kings, seeke by all subtill and colourable deui∣ses to maintaine that by skill and some shew of learning, which they haue gotten by fraud. All this mischiefe proceedeth from the Bishop of Rome, who vsurping powre, and taking to himselfe that honour whereunto God hath not called him, hath brought all autho∣ritie Ecclesiasticall and Ciuill into great confusion; by vsurping the right both of the Church and of States. Now our de∣sire

being to open the truth, and to declare the lawfull right of Princes and power of the Church: it seemeth needfull first to set downe what power is giuen to the Pope by them that flat∣ter him: so shall the right of the King and of the Church better appeare.

2 They yeeld to the Pope a fulnesse of power as they tearme it, from whence all Spirituall Iurisdiction must proceed to o∣thers; some adde also Temporall: of Spirituall Iurisdiction* 1.1 Bellarmine saith [all Bishops receiue Iurisdiction from the Pope] The like some of them or some others teach also of Temporall power: the difference which they obserue is, that Spirituall power is deriued from the Pope to all Bishops: but Temporall power is giuen to execute some seruice. Augustinus Triumphus of Ancona, who wrote about three hundreth yeeres agoe, at the commaundement of Iohn 22. Pope, set foorth of late by the authoritie and priuiledge of Gregorie 13. did long before the Iesuits dispute this question of the Popes Soueraigne authoritie ouer Princes: since which time the Friars haue closely followed* 1.2 his footsteps. His assertion is, Omnis potestas imperatorum & regum est subdelegata respectu potestatis Papae. And againe in the same place, Omnis potestas saecularis est restringenda, amplianda, executioni mandanda ad imperium Pap•…•…. These and the like po∣sitions are now resolutely and stiffely maintained by the Iesuits and others of that faction.

3. This agreeth well with the Canon lawes, which are the fundamentall lawes of the court of Rome. For thus they say: Nos tam ex superioritate quam ad imperium non est dubium nos* 1.3 habere &c. That is, [we aswell by that soueraignetie and right which without all doubt we haue to the Empire, as also by that power whereby we succ•…•…ed the Emperour in the vacancie of the Empire, and no lesse also by the fulnesse of that power which Christ the King of kings, and Lord of lords hath in the person of Saint Peter graunted to vs though vnworthy: declare all such sentences and processes (made by Henry 7.) void and of* 1.4 none effect] Thus saith Clement 5. Pope against Henrie 7. Em∣perour. To the same purpose saith Boniface 8. Pope, in a Con∣stitution of his. Oportet glad•…•…um esse sub gladio, &c. That is [one

sword must be vnder another sword, and the Temporall autho∣ritie must be subiected to the Spirituall authoritie: 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, vnlesse one sword were vnder another: and a little after. Thus of the Church and of the power Ecclesiasticall is verified the prophecie of Ieremie, behold I haue s•…•…t thee ouer nations, and kingdomes to plucke vp and to root out, and to destroy and to* 1.5 throw downe, and to build and to plant. And againe, we de∣clare, we say, we define, we pronounce; that it is necessarie to saluation to beleeue that euery humane creature is subiect to the Pope of Rome.] These be the lawes of the court of Rome* 1.6 which some of late haue so much adored as to call them Catho∣like Diuinitie, and which for truth and certaintie, and for au∣thoritie ouer their consciences, they hold comparable euen with the holy Scriptures.

4. By all which wee collect the doctrine of the court of Rome or the Popes faction to be, that the Pope hath all power Spirituall and Temporall aboue all other whatsoeuer. This I call the opinion of the Court of Rome, or the Popes faction, because we finde the most learned of the Church of Rome to hold the contrary. For concerning spirituall power, the best learned of the Church of Rome, yea and whole councels main∣taine the Spiritual power of the Church, to be aboue the Pope; as hereafter we shall declare. And for this Temporall power aboue Kings and Emperours, claimed by the Popes in their Canon Lawe, maintained by their flatterers: it seemeth so straunge, so new and absurd, that they who maintaine it, are not as yet agreed vpon the state of the question. For some hold that the Pope hath this power directly ouer Princes, as the Ca∣nonists, to whom some of the Shoole-men may be added as Triumphus, and some of late called Congregationis Oratorij, as Cardinall Baronius, Bozius, and such. Others denying this di∣rect power, hold that the Pope hath the same power but indi∣rectly, as depending vpon his Spirituall power; of this opinion is Cardinall 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 allowe the Popes Father∣hood in spirituall matters, in case lie would not prooue incor∣rigible, but vtterly denie this power ouer princes, both direct and indirect: of this opinion was Guil. Occham, Ma' silius Pa∣tauinus and other learned men of the Church of Rome. And of late Guil. Berclaius a French Lawyer, hath with great lear∣ning refuted both the former opinions, of the Popes power di∣rect and indirect against Bozius and Bellarmine, and yet this man professeth himselfe to be resolued to liue 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 o∣pinion of our aduersaries.

5. Our positiue sentence against this standeth in two parts, as the Pope hath incroached on two sides, both vpon the right of Kings, and of the Church. Concerning the Kings right, we hold that in externall coactiue Iurisdiction the King hath su∣preame authoritie in all causes and ouer all persons Ecclesiasti∣call aswell as Ciuill. This is that which hath bene published by* 1.7 diuerse writings and ordinances, which by publike authoritie haue beene enacted and published; declaring that the King within hi Dominions hath this soueraigne authoritie, and that heerein there is no forraine power aboue the King. The autho∣rity of the Church hath beene in like sort vsurped by the Pope, by drawing to himselfe a supposed title of the head of the vni∣uersall Church: by deuising a straunge authority in the fulnesse of power, by claiming a newe and straunge priuiledge of his not erring iudgement, and making himselfe the onely iudge of controuersies of faith. This power in iudging and determi∣ning of controuersies of faith and religion, being partly in the Church, partly in the Scriptures, the Pope hath wrested from both; first extolling the Church aboue the Scriptures, and then setting himselfe aboue the Church. Then, that the limits of each power may be truely knowne, we giue all spiri∣tuall power to the Church, all externall coactiue iurisdiction to

the King: when each of these shall haue taken vp his owne right, there will not be so much left to the Pope, as these great flatterers the Iesuits seeke to heape vpon him. Our purpose is first, to dispute the right which Kings haue in coactiue power ouer all persons and in all causes euen Ecclesiasticall within his dominions: by persons ecclesiasticall wee vnderstand Archbi∣shops, Bishops, Deans, Rectors, and all other set in calling and place Ecclesiasticall: by causes Ecclesiasticall wee vnderstand causes Ecclesiasticall of externall coactiue Iurisdiction.

6. From this consideration of persons and causes, arise two great questions. First, concerning the exemption of all causes Ecclesiasticall, from the Kings Iurisdiction: secondly, concer∣ning the exemption of Ecclesiasticall persons from temporall audience and iudicature. For the better vnderstanding here∣of, we may proceede by some distinctions: for when our aduer∣saries teach that the Pope is the head of the Church: and we, that the King is the supreame gouernor of the Church, though in some sound of wordes, these things seeme not much to dif∣fer: yet in truth there is great difference betweene their mea∣ning and ours. For they calling the Pope the head, to distin∣guish him from Christ, whom the Apostle calleth the head of* 1.8 the Church, say that the Pope is the ministeriall head: which deuise was first brought in by the Schoolemen: for among the auncients it was not knowne, but all that speake of the head of the Church before, acknowledge none but Christ. Con∣cerning this deuise of the ministeriall head, we say with the an∣cient Fathers that the Catholike Church is but one, and hath one head, Christ Iesus: because to one bodie there can bee but one head, from whom grace is infused to the whole body. This Catholike Church is as that head is, both perfectly known to God, not to man: this then is but one in all times and pla∣ces. But the visible Churches or particular, are many at ma∣ny times, in many places: and therefore must haue heads or gouernours, aunswerable to themselues: for many Churches, many gouernours, These are either Spirituall gouernours or Temporall. The spirituall gouernment of the Church is com∣mitted to spirituall gouernours, as first from Christ to his

twelue Apostles, of whom none was aboue the rest in this spi∣rituall gouernment or kingdome of Christ, as the Lord doth of∣ten* 1.9 expresly declare to them: from them to Bishops and Pa∣stors,* 1.10 * 1.11 their successors. Temporall gouernours are such, as haue the custody of externall coactiue Iurisdiction, both in Tempo∣rall and Ecclesiasticall causes: for the power of the Church, with all her spirituall Iurisdiction, neuer reached to coaction. This was by God first giuen to Magistrates, and neuer reuo∣ked, in all times practised, but when the Church and Kings were oppressed by the great power of Antichrist. When wee call the King the supreame gouernour of the Church, our meaning is, that hee is appointed by God to be a Father and preseruer of religion, a keeper of Ecclesiasticall discipline, and* 1.12 as the Prophet Isaiah calleth him, a nourcing father of the Church; he is the soueraigne in all affaires of coactiue Iurisdi∣ction. Likewise this word Church, is not taken in the same sense by them and vs; for our aduersaries saying, that the Pope is the head of the Church: vnderstand thereby the. Catholike Church spread ouer the whole world, but we vnderstand a par∣ticular Church, yeelding the King to bee gouernour next and immediatly vnder God of his own dominions, and consequent∣ly of persons and causes within his owne dominions: so that there is much difference betweene their meaning and ours. Then we must come to such an issue, wherein without equiuo∣cating the question betweene vs is set; for wee shall otherwise run into that fault which is so rife, with the Popes Clarks, that Bellarmine himselfe confesseth it. Notandum est (saith he) mul∣tos* 1.13 ex nostris tempus terere, dum probant quod Caluinus & caeteri haeretici concedunt. This is most common among them to bee large in disputing that, which is not in question betweene vs, and it is a signe of some ingenuitie to confesse it: but neither doth himselfe for all his confession auoid it, neither doe they that write since, and depend vpon his learning, shunne it after so faire warning; neither in truth can a false cause be maintai∣ned, in so many bookes and large volumes as now they set out, vnlesse they tooke this libertie to themselues, to be large in dis∣puting things which are not in question. The question then is

concerning the lawfull authoritie of Kings in their owne do∣minions, touching this part of Iurisdiction which is called Ec∣clesiasticall coactiue Iurisdiction.

7. For better proceeding, let the distinction be remembred, which is vsually receiued of Ecclesiasticall power: for all pow∣er Ecclesiasticall is commonly deuided into power of order, and of Iurisdiction. The power of order, by all writers that I could see, euen of the Church of Rome, is vnderstood to be immedi∣atly from Christ, giuen to all Bishops and Priests alike by their consecration: wherein the Pope hath no priuiledge aboue o∣ther. Thus teach Bonauentu•…•…e in 4. sent. d. 17. q 1. August Tri∣umphus lib. de potest. eccles. qu. 1. ar. 1. Ioh. Gerson li. de potest. eccles. consid. 1. Cardinal. Cusanus lib. de cathol. concord. 2. cap. 13. Car∣dinal. Contarenus tract. de eccles. potest. pontificis Bellarm. lib. 4. de Rom. Pont. cap. 22. This then being the common confes∣sion of all, that the Pope hath no more power herein, then any other Bishop or Pastor, we moue no contradiction in this. As they confesse that in this power the Pope hath no praeemi∣nence, but that it is giuen from Christto all Bishops and pastors equally: so wee confesse that in this power the prince hath no part, and that Bishops and pastors haue this power onely from the diuine ordinance, and not from earthly princes: then our question is onely; of the power of Iurisdiction.

8. This power of Iurisdiction is diuersly vnderstood by the* 1.14 writers of the Church of Rome. Augustinus Triumphus doth deliuer it thus. [The power of Iurisdiction is Temporall or Spi∣rituall; and this power considered in generall is threefold; im∣mediate, deriued, or giuen to execute some seruice: the power of Iurisdiction immediate of all things Spirituall and Tempo∣rall, is onely in the Pope. The power of Iurisdiction deriued is in Bishops, to them deriued from the Pope: the power of Temporall Iurisdiction giuen to execute some seruice for the helpe of the Church is in Emperours, Kings, and secular prin∣ces: this power is not immediat from God, but is giuen first to the Pope, and so to Kings for the vse of the Church, and •…•…elpe of Pope and Prelates]. I haue deliuered this in the •…•…ery words of Triumphus, whom in this thing others followe:

though of late some of the finer Iesuits, who hold the same, are growen more cunning in the manner of deliuering it. Bellar∣mine loath to leaue the opinion, and ashamed so grossely to propose it, deuiseth a mollification of it thus. Asserimus Ponti∣•…•…icem* 1.15 vt ponti•…•…icem, et si non habeat vllam meré temporalem potesta∣tem: tamen habere in ordine ad spirituale bonum summam potesta∣tem disponendi de temporalibus rebus omnium Christianorum. That is, [We auer that the Pope, albeit he hath not any power mere∣ly Temporall as Pope, yet hath power supreame in respect of Spirituall good, to dispose of all the Temporalties of all Chri∣stians. And in the next Chapter concludeth, that the Pope hath authoritie to depose hereticall kings and princes; and answe∣reth to an obiection, which I will set downe in his own words. Quod si Christiani non deposuerunt olim Neronem, Diocletianum, Iulianum, Valentem & similes, i•…•…suerat quia deerant vires tem∣porales Christianis. That is, [If Christians of old deposed not Nero, Diocletian, Iulian, Valens, and the like, this was because Christians then wanted Temporall forces]. They will shortly without blushing tell vs, that Iesus Christ also submitted him∣selfe to the heathen Emperours, and to their deputies, because he wanted power to resist them: for this they may say with some sophisticall shew of reason, aswell as that which they doe say. Then his opinion is, that the Pope as Pope hath not any Temporall power, but yet the Pope and onely the Pope hath Temporall power aboue all Kings and Emperours. This is one of the greatest points wherein the Pope hath incroached vpon the right of Kings.

9. Besides this Temporall Iurisdiction, there is another part of Iurisdiction called spirituall: which the writers of the Church of Rome deuide into internall, and externall; internall they referre to the Sacraments onely, Gerson de potest. ecclesi. consid. 1. Bellar. de Rom. pont. lib. 4. cap. 22. Bellarmine in the place last cited, disputing of Iurisdiction, saith, [there is a triple power in the Bishop of Rome: first of order, secondly of inter∣nall Iurisdiction, thirdly of externall Iurisdiction: the first is re∣ferred to the Sacraments, the second to inward gouernment which is in the court of conscience; the third to that externall

gouernment which is practised in externall courts: and confes∣seth that of the first and second, there is no question betweene vs, but onely of the third: De primâ & secundâ non est questio, sed solum de tertiâ; saith he. Then of this wee are agreed, that* 1.16 the question betweene vs and them, is onely of Iurisdiction in the third sense, and therein especially of Iurisdiction coactiue in externall courts: binding and compelling by force of law, and other externall mulcts and punishments, beside excommunica∣tion: as for Spirituall Iurisdiction of the Church, standing in examinations of controuersies of faith, iudging of heresies, de∣posing of heretickes; excommunication of notorious and stubborne offenders, ordination of Priests and Deacons, insti∣tution and collation of benefices and spirituall cures, &c. This we reserue intire to the Church, which Princes cannot giue or take from the Church. This power hath bene practised by the Church, without coactiue Iurisdiction: other then of excom∣munication. But when the matters handled in the Ecclesiasti∣call consistorie, are not matters of faith and religion, but of a ci∣uill nature, which yet are called Ecclesiasticall, as being giuen by Princes, and appointed to be within the cognisance of that consistorie; and when the censures are not spirituall, but car∣nall, compulsiue, coactiue: here appeareth the power of the ciuill magistrate. This power we yeeld to the magistrate, and here is the question, whether the magistrate hath right to this power, or Iurisdiction, which is thus described by the Roma∣nists.* 1.17 Externall Iurisdiction Ecclesiasticall, is a power coactiue giuen to gouerne Christian people in contentious courts: this is the principal question which we haue here to search. Our Eng∣lish flatterers of the Pope that write now, and of late haue writ∣ten, vndertake to prooue that this Iurisdiction is first and prin∣cipally in the Pope, and from him deriued to Bishops, and that Kings haue not this power at all, or any part of it, vnlesse by commission from the Pope: our assertion is contrary, that this power of Ecclesiasticall Iurisdiction externall and coactiue be∣•…•…ongs to Kings only, & not to Ecclesiasticall 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 euidence and assurance, who take the question thus, and not otherwise. Iohn Gerson saith, Pote∣stas* 1.18 Ecclesiastica Iurisdictionis in foro exteriori, est potestas Eccl•…•…siastica coactiua, quae valet exerceri in alterum etiam i•…•…ui∣tum. Bellarmine speaking of the same power, saith it is, ad re∣gendum populum Christianum i•…•… foro exteriori.

10. Then this is the thing which wee are to prooue, that Ecclesiasticall coactiue power, by force of lawe and corporall punishments, by which Christian people are to be gouerned in externall and contentious courts, is a power which of right be∣longeth to Christian Princes. Concerning the power of or∣ders, and institutions, of excommunication and deposition, and of internall Iurisdiction in the court of Conscience, & in admi∣nistration of Sacraments, & absolution by power of the keyes; this we giue not to Princes: but Princes, as they are preseruers of Religion, and nurcing fathers of the Church, are to see that Bishops and all inferiour ministers performe their faithfull du∣ties in their seuerall places, and if they be found faulty to punish them; because that belongeth to external Iurisdiction coactiue. Thus much may suffice for the state of the question. For the manner of handling, I purpose to search the right of Kinges; first in the law of nature, secondly in the written law giuen by Moses, continued vntill the comming of our Lord Iesus Christ: thirdly to declare the confirmation of the same right by Christ and his Apostles, and the Church succeeding, vntill that time that the Pope drew a newe estate and Iurisdiction to himselfe. After which time I purpose to obserue how the Pope hath in∣croached, first vpon the Bishops, then vpon the right of kings, and last vpon the right of the Church and generall Councels. By all which will appeare, how late, how new and strange that Iurisdiction is, which the flatterers of the court of Rome now yeeld to the Pope.

CHAP. II.

Kings in the time of the Law of nature, had all power Ecclesiasticall, both of order and Iurisdiction.

IN the Law of nature we haue not many exam∣ples of Kings, that gouerned a people where the Church of God was planted: there is onely mention of Melchisedecke King of Salem, of* 1.19 him it is said, Gen. 14. Melchisedecke King of Salem was a priest of the high God. In his person these two of∣fices, the kingdom & the priesthood were ioyned; both which offices followed the prerogatiue of the birthright: for that this Melchisedeck was Sem, is the receiued opinion of many inter∣pretours: wherein is some difference. Some take Sem to be the eldest sonne of Noah, but others from a probable collation of Scriptures hold him to be the second sonne: but whether hee were eldest or not, it is apparant, and out of doubt by that blessing, Gen. 9. that he had the birthright: for Canaan is made* 1.20 his seruant, which is the auncient stile and euidence of the birth∣right, as is expressed in the birthright of Iacob; & Iaphet is per∣swaded* 1.21 to dwell in the tents of Sem. Whereas therefore hee hath that honor aboue both his brethren, the birthright is eui∣dently confirmed vnto him, Canaan being made his seruant, and Ia•…•…het being directed to repaire to his tents: for as then the Church was in tents. Sem hauing the birthright confirmed by his fathers blessing, as Iacob had by the blessing of Isaack after∣ward, hath consequently all those priuiledges confirmed to him which followe the birthright. The priuiledges which in the time of the law of nature followed the birthright, were these; The gouernement or principalitie, the Priesthood, and a porti∣on answerable to maintaine both these dignities: the two for∣mer were principall prerogatiues, the third followed as an ad∣herent to them; a double portion answerable to a double dig∣nitie. The princedome and double portion are generally ac∣knowledged 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 proue the priesthood to belong to the birthright, as wel as the prince∣dome and double portion.

2. First from reason it is deduced thus, It cannot by reason be imagined, but that God hauing a purpose to call a Church out of this world, did set vp the gouernment and meanes wher∣by the Church might be instituted in the true knowledge and wor•…•…hip of God: therefore this gouernment and those meanes were set vp in the law of nature, in those principalities which then stood. The fir•…•…t principalitie that was set vp to rule many families, was a kingdome; as the first simply was in the gouern∣ment of a family: for before there could be a common-wealth, there must be a citie, or the collection of many families into the lawfull right of one societie; and before there could be a citie, there must bee particular houses and families: so that the first gouernment that was in the world among men, was the go∣uernment of a family: now in the gouerment of a family, it is absurd to thinke, and impossible to prooue, that the power of gouernment was in the multitude. This I obserue the rather, because some of the Popes flatterers of late, as others also to o∣pen a wide gappe to rebellions, haue written that the pow∣er of gouernment by the law of nature is in the multitude: but euery man of reason carrieth thus much light and vnderstan∣ding about him, as to iudge of this thing without errour. Be∣cause no man can conceiue in the first beginning any other go∣uernment of a family, then by one whom God and nature made Patrem familias, the father of the familie. Now come from the gouerment of one familie, to the gouernment of di∣uers; when many families were gathered together, the first go∣uernment that was erected among them, was that with which they were first and best acquainted: for as in families, so in the collection of diuerse families, one was in gouerment, as the fa∣ther of the family was in his famiile. And what is a King by na∣ture, but the father of a great family? and what is the father of a familie by nature, but a little King? and therefore the first gouernement of states by the lawe of nature, was by Kings.

These principalities were first erected for the good of Gods Church; to minister as nourcing fathers to the Church. Thus were Kings erected, not onely by their authoritie to see that Gods seruice were established, but by the law of nature to per∣forme that seruice in their owne persons. And therefore as Adam had this care first, so it is testified of Seth (to whom the birthright pertained after Cain was reiected) that in his time* 1.22 men began to call vpon the name of the Lord, which declareth that he established the true worship of God in his dayes.

3. Another reason may be drawen from this blessing which Noah gaue to Sem, [blessed be the Lord God of Sem, and let* 1.23 Canaan bee his seruant: God perswade Iaphet that hee may dwell in the tents of Sem, and let Canaan be his seruant.] In which words three priuiledges of Sem are manifested. First that God is called the Lord God of Sem, Secondly that Canaan shal be his seruant: Thirdly that Iaphet shall repaire to his tents. The first and last are confirmations of the priesthood, the second a proofe of the primogeniture: then the priesthood is annexed to the birthright. Another reason is from the example of Mel∣chisedeck, who was both King and Priest. In which example we consider that by the law of nature, before there was a positiue law to distinguish and separate these offices, both did naturally concurre in one person: for in this we vnderstand 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 feare of God, and as much as in them was, extinguished the light of nature. Another reason may be drawen from the testimony of Moses, who witnesseth that the Lord tooke the Leuites to minister in place of the first borne. [I haue taken the Leuites from among the children of Israel. And the Leuits* 1.24 shall be mine, because all the first borne are mine.] Vpon which wordes Lyra reporting the receiued iudgements of the best in∣terpretors* 1.25 saith. Ante legē datam ad primogenitos pertinebat of∣ferre sacrificia: and a little after, Leuitae successerunt loco eorum: and againe to the same purpose, Cultus diuinus ante legem da∣tam* 1.26 pertinebat, ad primogenitos Israel: and againe, Sacerdotium.* 1.27 suit annexum primogeniturae vs{que} a•…•… legem datam per Mosen.

4. By all which thus much appeareth; that by the law of nature, the first borne stood in the ministerie & seruice 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 informe the whole familie, so the first borne in a nationall principalitie or kingdome were bound not onely to cominaund as ciuill magistrates, but to execute the ho∣ly ordinances of God as the chiefe Priests of that nation, as is euident by these reasons, and by the example of Melchisedeck. The same light may appeare though much darkened, in the an∣cient* 1.28 gouernment of the heathen, for euen heathen Kings are witnessed in old times, to haue bene Priests of such gods as they serued: which auncient combining of these two offices in one person, came from the ancient practise in the time of the lawe of nature, and from the light of nature which was receiued a∣mong the heathen.

5. But here a question may be moued, If Kings by the law of nature were Priests, and the lawe of nature stand alwayes in force, not abrogated: why then are not Kings now Priests? For aunswere, first we say, that it was altered by a positiue lawe of God, as hereafter we shall declare: and therefore the same au∣thoritie that instituted this thing, hath also altered it. But it may be replied, that the positiue law of God which hath alte∣red this thing, was partly ceremoniall, partly iudiciall: for these two dignities of the princedome and priesthood, which vnder the law of nature were combined in one person, were diuided vnder the law of Moses, and distinctly set in two persons. Moses keeping the ciuill gouernment, and Aaron the Priesthood. The gouernment of Moses and his successours being more ciuil, The Priesthood of Aaron & his successors ceremoniall; it followeth that this ancient ordinance of the law of nature was altered by such positiue lawes of God, which were either ciuil or ceremo∣niall: and consequently that this alteration taketh not away the auncient right.

6. If I might therefore in a matter of this nature declare my poore opinion, leauing the censure hereof to the learned that are able to iudge: I take it, that as it is not simply vnlawfull

that a King may be a Priest, and neuerthelesse keepe his king∣dome: so I suppose this thing cannot be done without not on∣ly a lawfull, but also an ordinarie calling from God, and from* 1.29 the Church: [For no man taketh this honour to himselfe, but he that was called thereto, as was Aaron.] And this cannot bee 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 therto: for that was then the ordinance of God, & ordinarie in the Church, which now is not. But if a man were first •…•… Priest, and afterward aduanced to a kingdome by some Temporal right: in this case it were assuredly vnlawfull for him to shake off his holy estate, and betake himselfe wholly and only to his Temporall gouerment, as some Cardinals haue done. Then by the law of nature the King had both the pow∣er of order and Iurisdiction: and howsoeuer this is altered by a positiue ordinance of God, yet all is not taken away: there re∣maineth still that part of Iurisdiction, so farre as it standeth in power coactiue, in respect wherof the common law of this land* 1.30 saith, the King is persona mixta, because he hath both Ecclesia∣sticall and Temporall Iurisdiction.

7. This example of Melchisedeck both King and Priest, hath much lifted vp the Pope and his flatterers: for of this they take especiall hold, and thinke hereby to prooue the Pope to be King of the Church, because Melchisedeck was both King and Priest. But to this we aunswere, Melchisedeck had both these honours by a lawfull and ordinarie calling, but so hath not the Pope: for his Priesthood, we graunt he had once there∣to a lawfull calling, both by locall and doctrinall succession: which doctrinall succession Irenaeus calleth successionem princi∣palem: Tertullian, doctrinae cōsanguinitatē cum Apostolica Ecclesia:* 1.31 but now haue they forsaken that principall succession, and haue nothing left to glory in, but bare personall and locall successi∣on. Then to the office of a Bishop, the Pope may shew some colour, though the colour be now worne thredbare: but to the princely office which he claimeth ouer the Church, he can shew neither calling nor colour: so that the example of Melchisedek, which the Popes parasites drawe with such violence to him,

doth helpe him nothing, but rather helpeth the cause of Christi∣an Kings against him: for it is certaine that Kings were Priests by an ordinary calling before these two offices were distingui∣shed; but it can neuer be prooued 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 haue stretched the example of Melchisedeck too farre, because he was a type of Christ: I aunswere, this is nothing against my purpose, that Melchisedeck was a type of Christ. For many men in their or∣dinary standing and executing ordinary functions, did also beare some type extraordinarie: thus did Moses, Ioshua, Dauid, Solomon, and others. I speake of Melchisedeck, as I finde him in his ordinary place, a King, and a Priest.

8. By all which we conclude, that vnder the law of Nature Kings were in the beginning inuested with all power Ecclesi∣asticall both of orders and Iurisdiction: and therefore these things are not incompatible by nature. All this time which la∣sted about the space of two thousand and fiue hundred yeeres, Kings had Ecclesiasticall Iurisdiction without question. And therefore this Iurisdiction of Princes, which we haue vnderta∣ken to examine, is found aunswerable to the first gouernment of the world, vntill the time of the law giuen by Moses.

CHAP. III.

All externall Iurisdiction coactiue, was a right be∣longing to Kings vnder the Law.

NOw let vs search what Iurisdiction in matters Ecclesiasticall was found due, and acknow∣ledged to belong to the Kings right all that time vnder the Law. Then we find by an espe∣ciall commaundement of God: these two offi∣ces of King and Priest were distinguished, and set in two seuerall persons: the one in Moses, the other in Aa∣ron.

And the tribe of Leui was taken to the seruice of God,* 1.32 in stead of the first borne by an expresse commaundement: and the first borne which in number exceeded the number of the Louites, were redeemed by fiue shekels a man: for the number* 1.33 of the first borne was taken 22273. the number of the Leuites 22000. so that the number of the first borne exceeded the num∣ber of the Leuites by 273. These were redeemed, and after that redemption, the first borne of other tribes were discharged from the attendance of the seruice of God, & the Leuites tooke vp their place. Now the Kings office and the Priests being thus distinguished, we must consider what things did properly be∣long to each office.

2. First we find that Moses, who had the place of a King in gouernement, as he is also called a King; doth consecrate Aa∣ron* 1.34 the Priest. Moses is commaunded to consecrate him and* 1.35 his son s Exod. 28. and performeth it, Leuit. 8. therefore it is re∣peated, Num. 3. These are the names of the sonnes of Aaron* 1.36 the anointed Priests, whom Moses did consecrate to minister in the Priests office. Heere then appeareth some Iurisdiction of Moses ouer Aaron. But this I meane not to vrge, for it may bee thought extraordinailry to belong to Moses as Gods Apostle or Ambassadour and lawgiuer vnto Israel: for in such great chaunges, as was from the law of Nature to the written law, somewhat must bee admitted extraordinary: and this I could be well content to vnderstand so: though many doubts arise for the princes right, against the Priests. For first it may be obiected, seeing there was a Prince and a Priest set vp di∣stinct one from the other, why should the Prince consecrate the Priest, and not the Priest the Prince? But here we finde that Aaron doth not consecrate Moses to be Prince, but Moses doth consecrate Aaron to be Priest. Another doubt may be moued, why Moses should consecrate not onely Aaron, but his sonnes also. For though we should admit the consecration of Aaron to be done by Moses of necessitie, as a thing extraordinary at the first beginning of this Priesthood: yet this necessitie appea∣reth not so much in Aarons sonnes: for they might haue beene consecrated by Aaron, after that himselfe had bene once conse∣crated

by Moses. And yet we find that the consecration of Aa∣ron, and his sonnes, is done altogether by Moses. These things though they make faire shew for the Princes Iurisdiction Ec∣clesiasticall ouer Priests, yet wee purpose not to stand vpon them.

3. But when the Priest was once consecrated and ordained, and all things fully perfected concerning his function, and two seuerall and distinct functions set vp: then will appeare without faile in Moses & his successors the right of Princes, in Aaron & his successors the right of Priests. After all things thus perfected, we finde that all the lawes which in truth proceeded original∣ly from God, were established by the authoritie of Moses: and this we finde true, not onely in Iudiciall and Ciuill Lawes, which were to rule that state; but euen in ceremoniall and Morall Lawes which were to rule the Church. There is not so much as one ceremoniall law established by the authoritie of Aaron, but in all the name and authoritie of Moses is expressed: only we finde concerning Aaron, that if any doubt in the lawes ceremoniall did arise, for the interpretation of those lawes and of such doubts, the high Priest must sit as iudge. For the people are charged in matters that are hard, to consult with the Priest and ciuill iudge, Deut. 17. 8. &c. Which the learned interpre∣ters vnderstand thus: that if the cause be mixt, partly Ciuill, partly Ceremoniall, or doub•…•…full; that then both the Ciuill Magistrate and the Priest must iointly determine it: but if the people haue distinct causes, some Ciuill, other Ceremoniall, the Ciuill Magistrate must iudge the causes Ciuill, and the Priest must iudge the causes Ceremoniall: from the consideration of which place we may drawe certaine inferences.

4. First, all Lawes euen Ceremoniall, that is, Lawes where∣unto Spirituall or Canon Lawes are answerable, are established by the authoritie of the Ciuill Magistrate. This taketh away all authoritie of the Popes Canon law, in all Christian kingdomes, where it is not established by the authoritie of Kings in their kingdomes. For it is against all rea•…•…on, and rules; whether we looke vpon the light of nature, or vpon the Scriptures, or the lawfull practife of authoritie since the Scriptures were written,

that any Lawes should be imposed vpon a Prince against or without his consent: as the Popes haue indeuoured to impose the Canon Lawes vpon Princes. And this appeareth in the practise of Christian Magistrates, so long as lawfull authoritie stood up without confusion in the world. But heere we consi∣der the fountaine of that practise, which was from Gods Law: wherein we see all Lawes confirmed and established by the au∣thoritie of the Ciuill Magistrate. And if it could bee prooued, that in some Lawes Ceremoniall the authoritie of Aaron was requisite, yet this helpeth them nothing that plead for the Popes Canons. For these men would impose these Canons vp∣on Princes without their consent: but in all these Lawes of Mo∣ses, (wherein is a perfect patterne for all law-makers) they can∣not shew one Law, though neuer so nearely concerning the Church, which is established without the authoritie of Moses the Ciuill Magistrate. If they obiect, these things were all done by an especiall commaundement of God, I aunswere this doth more establish the authoritie of Princes, and confirme our pur∣pose: for let them aunswere, why God would haue all these things established by the Ciuill Magistrate, and not by the Priest? This then maketh a greater and clearer confirmation of the Princes right. Then the Church may interpret Scrip∣ture, determine controuersies of faith, but cannot establish a Law: the reason is, because for the establishing of Lawes, coa∣ctiue power is requisite, which is in the Ciuil Magistrate, & not in the Church. And therefore the Canon Lawes can haue no force of lawes, but as they are receiued and established by Prin∣ces in their seuerall kingdomes. For neither can the law haue the force of a law without coactiue power, neither hath the Pope any coactiue power in the kingdomes of other Princes; but onely in such places where himselfe is a Temporall Prince.

5. Secondly we obserue that the high Priest is appointed by God a iudge for interpretation of those lawes that concerne the Church, in questions of conscience, in causes mixt, or doubt∣full. This might moderate the humours of some, who in loue to innouation would leaue no place of iudicature to Ecclesia∣sticall persons: for these things are insert into Moses lawe, ta∣ken

from the law of Nature, and not as things Ceremoniall: which thing is apparant from the end, vse, and necessitie there∣of: for the things which had a necessary vse before the written law, and must haue a necessary vse after the abrogation of that law, must be acknowledged to be taken from a perpetuall law: because there must be a perpetuall rule for a perpetuall necessi∣ty. This then being perpetuall and necessary (matters of que∣stion, and of Ecclesiasticall audience still arising) the hearing and iudging of such things, belong to such as are most skilfull in those affaires. And hence is the iudicature of fuch things as∣signed to the Priest: which right of Ecclesiasticall iudgements and courts, standeth no lesse now due to them in the time of grace, then it was under the law: because this office in iugde∣ing, hearing, and determining, is not heere giuen to Priests as a thing Ceremoniall, but as I haue declared, deriued from the law of Nature, as a perpetuall seruice for a perpe∣tuall vse.

6. Thirdly we consider that the lawes Ecclesiastical are establi∣shed by the authoritie of the Ciuill Magistrate, but for interpre∣tation of them the Priest is appointed to iudge. Hence riseth the ground of Iurisdiction both Temporall and Spirituall: wee consider Iurisdiction here as our question importeth, authority coactiue in externall iudicature in the execution of lawes. The fountaine of this authoritie is in him principally, by whose au∣thoritie the law is established, and without whose authoritie it is not. The execution of this authoritie is in them that are ap∣pointed iudges. And heerein there is no difference betweene Temporall and Ecclesiasticall authoritie, I speake not nowe of Spirituall gouernment by the lawes of God, executed within the court of Conscience, but of Ecclesiasticall gouernment in the execution of lawes Ecclesiasticall, wherin there is vse of co∣actiue power. These two things being in themselues, and in nature so distinct, if this one distinction might be remembred, it is ynough to aunswere all the confused collections of that Catholike Diuine, who wrote of late against the fift part of Re∣ports of the Lord Cooke. For all that hee writeth there, resting vpon no other ground, then vpon the confounding of Spiritu∣all

and Ecclesiasticall power, is answered in one word, by this one poore distinction betweene these two powers. Now the distinction is apparant: because in Spirituall gouernment there is no coactiue power: but in Ecclesiasticall iudicature there is coactiue power: which maketh an euident and famous dif∣ference in Iurisdiction: because this is most certaine, that all that Iurisdiction wherin coactiue power is vsed, is from the Ci∣uill Magistrate. Then if these two gouernments, I meane Eccle∣siasticall and Temporal, be directed by coactiue power, there is no difference in the point of Iurisdiction betweene Temporall and Ecclesiasticall authoritie. For the King and only the King is to appoint iudges in matters Temporall and Ecclesiasticall, the King hath no more authoritie in reuersing the iudgement of the one, then of the other, being true, iust, and lawfull. So that the Kings Iurisdiction standeth not in a power to dissanull true and righteous iudgemens, but in a power supereminent, by which he is charged: First, to confirme lawes Ecclesiasticall and Temporall, Secondly, to place Iudges for both causes, Thirdly, to see that those iudges of both sortes iudge iustly ac∣cording to right and equity, Fourthly, to punish them if they shall be found to giue vniust and corrupt sentences, Fiftly, and last of all, his Iurisdiction appeareth in appellations.

7. But heere a question will be moued, whether a man may appeale from an Ecclesiasticall iudge to the Prince. For that one may appeale from a Temporall iudge, I suppose it is not doubted, at least I see no reason why it should be doubted. But in a cause Ecclesiasticall and from a iudge Ecclesiasticall to ap∣peale to the Temporall Magistrate, of this some Romish Do∣ctors doubt. This doubt which the Canonists haue made, may be increased by that place, Deu. 17. 10. [Thou shalt not decline from that thing which they shall shew thee, neither to the right* 1.37 hand nor to the left. And that man that will do presumptuous∣ly, not hearkning to the Priest that standeth before the Lord thy God to minister there, or vnto the iudge that man shall die.] It might seeme to be collected hence, that there is no appellation from the Priest, no though hee should iudge as some Rabbins expound the words. I will declare their exposition because it

sauoureth 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 receiue* 1.38 and therein rest.

8. But this is a fond assertion, not only without reason, but against the expresse words of the Scripture: for it is said, ac∣cording to the law which shall teach thee, and according to the iudgement which they shall tell thee, thou shalt doe. Where we finde two rules for these two kindes of Iudges, the Priest and the iudge: the sentence of the Priest, must be according to the written lawe: the sentence of the other according to the truth of iustice and iudgement. If a man be able to shew that he is wronged, he may vndoubtedly appeale to a Superiour: now a man may be able to shew that he is wronged, if hee can shew that the Priest declineth from the law of God, which is appointed his rule, or the Temporall iudge from iustice. And therefore if there be a Superiour in the land, he may appeale: but if there be no Superiour, he is without remedie; as when Hely was both Priest and iudge: from him at that time there could be no appellation. but where the forme of a kingdome is established, where one King is set vp in lawfull authoritie, by whose power iudges Spirituall and Temporall are placed in his dominions: heere appeareth a fountaine of Iurisdiction, deri∣ued as it were into two inferiour riuers: and from these inferior powers appellation may be brought, if they shall not in their sentences, keepe their rules prescribed to them, the lawe and iustice: for the appellation being grounded vpon the lawe of Nature, to moderate the peruersitie and partialitie of iudges, it were an absurd thing to denie this in causes Ecclesiasticall, vn∣lesse a man would suppose that persons Ecclesiasticall may not be corrupt in their iudgements. Now if we shall once graunt appellations, then assuredly wee confirme the Iurisdiction of Princes in all matters wherein appellation may bee made to them. And because Iurisdiction is assuredly proued by appel∣lation, we will for the farther manifestation of the truth, seeke to cleere this point: the rather bec•…•…use our aduersaries tell vs

confidently, that in matters Ecclesiasticall, all appellation belongeth to the Pope. The Popes say so, and they beleeue them: we hold that appellation in causes Ecclesiasticall is to bee directed to the King, who is by God set ouer the persons appellant.

9. In the Old Testament we haue fewe examples, or none, that I remember; of any that appealed from any inferior iudge Ecclesiasticall to the Soueraigne: but in the New Testament there is one example sufficient to confirme the truth. S. Paul* 1.39 being accused for causes Ecclesiasticall, appealed from the high Priest to C•…•…sar. Therfore it is lawfull in matters Ecclesiasticall to appeale from iudges Ecclesiasticall to the Ciuill Magistrate. The consequence resteth vpon this, that Saint Paul heerein did nothing but that which he might doe iustly and lawfully: which thing I suppose the greatest enemie of Saint Pauls Do∣ctrine, will not denie: for he came vp to Ierusalem with this profession and purpose. [I am ready not to bee bound onely,* 1.40 but euen to die for the name of the Lord Iesus. Neither durst he for sauing of his life, giue a scandall to the Gospell.] The antecedent consisteth of these two parts, First that the matters for which Saint Paul was accused, were matters Ecclesiasticall: Secondly, that therein he appealed from the high Priest: both are witnessed by the expresse words of the Scripture. For Festus •…•…aith, [They brought no crime against him, but had certaine* 1.41 questions against him of their owne superstition, and of one Ie∣sus which was dead, whom Paul affirmed to be aliue.] These questions be out of doubt Ecclesiasticall, euen in the iudgement of our aduersaries: that he appealed from the high Priest, resku∣ing himselfe from his iudgement, it is euident by the words in the twentie three Chapter, where the Apostle speaketh to the high Priest, as to his iudge. [Thou sittest to iudge me accor∣ding* 1.42 to the law.] And when he was reskued from the Priests by Lysias, and sent to Felix, and left by him to Festus: he neuer thinketh of appealing from any of the•…•…e ciuill gouernours. But when Festus asked him, if he will goe to Ierusalem, and there be iudged of these things, then P•…•…ul vtterly refusing the high∣Priest* 1.43 appealed to C•…•…sar: by which it followeth that in matters

Ecclesiasticall, a man may appeale from iudges Ecclesiasticall to the Soueraigne Prince. Whereupon this vndoubtedly follow∣eth, that there resteth Soueraigne Iurisdiction in the Prince. And therefore the Popes & their flatterers vnderstanding well, that Supreame Iurisdiction could neuer bee prooued to rest in the Popes, vnlesse first Appellation should be made to them, wrought by all subtilty, 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 obtai∣ned, that in all causes Ecclesiasticall Appellation might be made to the Popes: then and not before, this opinion was r•…•…olued, that Supreame Ecclesiasticall Iurisdiction was in the Popes. And therefore we prouing that Supreame and last Appellation doth by the law of God, belong to none but to the Soueraigne Prince; conclude vndoubtedly that Supreame Iurisdiction belongeth to him onely.

10. Heere a question may be mooued, whether Saint Paul did well and orderly when he appealed to Caesar, and whether Caesar was made iudge of these questions, which were Do∣ctrines. We aunswere, Saint Paul had no meaning to make C•…•…sar iudge of any point of faith. But whereas hee was perse∣cuted by the high Priests, who sought his life; in this matter of coactiue power Saint Paul giueth Iurisdiction to Caesar. There is also a difference betweene that power which heathen Prin∣ces haue, and that which Christian Princes haue: for heathen Princes haue all power coactiue whatsoeuer the cause be: and without this helpe the Church could neuer deale in matters of this nature. Christian Princes besides this coactiue power, haue also, as appeareth in the gouernment of Israel, externall disci∣pline in matters Ecclesiasticall.

11. Thus we haue declared the distinct right of the King and the Priest, after that they were distinguished by the written law of God: we haue prooued that the Soueraigne Iurisdicti∣on coactiue resteth in the Prince by a right which God hath gi∣uen, and therefore may not be taken away by man. It follow∣eth to consider, how this right hath beene accordingly exerci∣sed by the godly Kings of Israel. Ios•…•… commanded the peo∣ple* 1.44

to be circumcised, and not Eleazerus, the cause was Eccle∣s•…•…ticall, but to command in such causes declareth iurisdiction.* 1.45 Dauid reduceth the Arke, he appointeth Priests, Leuites, Sin∣gers,* 1.46 * 1.47 Porters to serue at the Tabernacle: he assigneth Officers of the sonnes of Aaro•…•…. All which being matters Ecclesiasti∣call, the Prince as hauing soueraigne authority in both causes* 1.48 ordaineth. Solomon buildeth the Temple, and consecrateth it. Asa remoueth Idols, and dedicated the Altar of God that was* 1.49 before the porch of the Lord. Iehosaphat abolisheth Idolatry, cutteth downe the groues, sendeth Priests and Leuites, to teach in Townes and Cities: Setteth vp Iudges both ciuill and Ec∣clesiasticall, and commandeth both to iudge according to god∣linesse, truth, and Iustice. Because in the words of Iehosaphat, these things are distinctly deliuered, we will obserue the whole* 1.50 place. The wordes are these, And hee set iudges in the land throughout all the strong Cities of Iuda, Citie by Citie. And* 1.51 said to the Iudges, take heed what you doe, for you execute not the iudgement of man, but of the Lord, and he will be with you* 1.52 in the cause and iudgement. Wherefore now let the feare of the Lord be vpon you, take heed and doe it, for there is no ini∣quitie with the Lord our God, neither respect of persons nor receiuing of reward.

Moreouer in Ierusalem did Iehosaphat set of the Leuites and* 1.53 of the Priests, and of the chiefe of the families in Israel, for the* 1.54 iudgement and cause of the Lord, and they returned to Ierusa∣lem. And he charged them saying, thus shall you doe, in the* 1.55 feare of the Lord, with a perfect heart. And in euery cause that shall come to you of your brethren, that dwell in your Ci∣ties, betweene blood and blood, betweene Law and precept, Statutes and iudgements: you shall iudge them, and admonish them, that they trespasse not against the Lord, that wrath come* 1.56 not vpon you and vpon your brethren. And behold Amariah the high Preist, shall be the chiefe ouer you in all matters of the Lord.

12. From which words, we collect thus much, concerning •…•…he Kings Iurisdiction, and the things wherein it consisteth. •…•…irst the King appointeth and placeth both Temporall and

clesi•…•…sticall Iudges, and commandeth and chargeth them so pla∣ced, to execute their functions faithfully, we inferre vpon this command in both alike, that hee hath Iurisdiction ouer both causes. But here let me remember a trifling obiection, which* 1.57 some of our aduersaries haue deuised of late, they would distin∣guish betweene command and Iurisdiction: For they deny not but that all sortes of persons are vnder the Kings commaund and gouernment: whom he may command, each to doe their Office, and yet they vtterly deny the Kings Iurisdiction: and tell vs that command and Iurisdiction must not be hudled vp together. Now let vs consider what hudling is in this, when the Kings command and his Iurisdiction are set as things depen∣ding and cohaering one to the other. When we say the King may command, we meane plainely as we speake, that the King hath from God lawfull authoritie to command, and to punish them that breake his command: This is the common vnder∣standing of the Kings command, But these Romish sophisters when they say the King may command, do not vnderstand, nei∣ther will they acknowledge at any hand, that the King hath lawfull authoritie from God, to punish the breach of his com∣mand: for they vtterly deny that the King hath any authoritie to punish a Clarke, though he should breake his commandement. And call you this a command? The King may command and goe without, as the saying is. This is the deuils sophistry, taken vp by men hardned against shame, content to stoupe downe to gather vp the meanest and basest shifts to dazell the simple. The Iesuites resolue of this, as of a truth most soundly conclu∣ded in their schooles: That the King may not punish Ecclesia∣sticall persons: that the Kings Court may not heare, examine and iudge them, though they should commit murders, adulte∣ries, robberies, or what other wickednesse soeuer. And yet they tell vs, that the King may command them. Now to say one thing, and yet to let the world see, that they are resolued in the contrary: this sauoreth strongly of the spirit of illusion, when reason, learning, honestie and all faileth, yet well fare a bold and hardned face, which neuer faileth this generation.

13. The truth is, if the King haue not lawfull authority to

punish, he hath not lawfull authoritie to command, and pu∣nish he cannot vnlesse he hath authority to iudge, or cause iudgement to be done; so that they who take away from the King power to iudge persons Ecclesiasticall, take from him power to punish, and consequently power to command: but the Doctrine of the Papists this day, (as shall hereafter ap∣peare in his due place) taketh from the king power to iudge per sons Ecclesiastical, therefore, they rob him of power to punish, and to cōmaund; for nothing can more strongly take away the Kings command, then to deny him power to punish and to iudge. And yet they are not ashamed to tell vs, that they deny not the kings cōmand, but his Iurisdiction. Then to leaue these men with their absurd and perplexed contradictions: where the King •…•…ay command, he may iudge and punish the breach of that command, and therefore his Iurisdiction appeareth in his lawfull authority and command. Then by this charge and commaund of Iehosaph•…•…, is declared his Iurisdiction in these causes, wherein he hath this authority to command: for other∣wise the Kings command is but as the word of a priuat man, or of a child, if he haue not power to iudge and punish.

14. Moreouer whereas Iehosaphat commandeth the Priests and Leuites to iudge betweene blood and blood, Law and precepts, statutes and iudgements: In things that concerned questions of blood, as when blood was shed by casualtie, in which case the party offending, had remedy by sanctuary, and the high Priest was the immediat iudge; as also in matters con∣cerning lawes, precepts, •…•…tutes, iudgements, that is ordinan∣ces, ceremoniall or morall: In these things stood the Ecclesi∣asticall Iurisdiction 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 Ecclesiasticall power is ei∣ther of order or Iurisdiction. In both which the King hath a part, b•…•…t differently: In the power of orders, the Kings part and office, was to see that things of that nature were or∣derly done, and the breach thereof punished, but himselfe was not to execute any thing, whereunto the Priests were apointed, by the power of their orders, as to offer incense, &c. Wherefore

Vzziah was smitten with leprosie for medling with that part of* 1.58 the Priests office. Now Iurisdiction is diuided into power in∣ternall, which as often wee haue said, belongeth not to the King; and power externall: which power externall when it is coactiue, is nothing but that which wee call the Kings Iurisdi∣ction, though it be in matters Ecclesiastical. And this Iurisdicti∣on is here testified to be in Iehosaphat, and from him deriued to all, to all iudges vnder him, both Temporall and Ecclesiasticall. For as he commaunded the Temporall iudges, so in like sort he commaunded the Ecclesiasticall. And as the Ecclesiasticall iudges might replie (if they had bene such as now these are of the Romane Clergie) that Ecclesiasticall iudgements were ho∣ly and the cause of God, and not of the King: so doth the King witnesse of Temporall iudgements, for speaking to Temporall iudges, he saith: you execute not the iudgements of man, but of the Lord. Then Temporall iudgements are the Lords cause aswell as Ecclesiasticall, and herein they differ not.

15. Now this Iurisdiction which is in coactiue power wee prooue to be in the King, and onely in the King. (I speake ac∣cording to the forme of the state of Israel in those dayes wher∣of we now speake, aunswerable to which is the Soueraigne ma∣gistrate in any other state.) This right I say, we prooue to bee onely in the King, and from him deriued to other iudges both Temporall and Spirituall, by these reasons: first the King, and* 1.59 onely the King commaundeth both iudges to doe their duties in their seuerall places, and hath lawfull power to punish them if they doe otherwise: therfore the Kings Iurisdiction coactiue is ouer both sorts alike. The antecedent hath two parts, the first drawen from the expresse words of the Scripture in this text: the second followeth by a necessitie. For the commaund of a King is ridiculous, and no commaund vnlesse he haue au∣thoritie to punish. The consequence followeth by the very de∣finition of Iurisdiction, which will prooue the second part of the antecedent. For this Iurisdiction for which we plead, is de∣fined by the most learned of the Church of Rome, authority co∣actiue. If it be authoritie, it may command; if coactiue it may punish: then it followeth, that where Iehosaphat had first au∣thoritie

to commaund and last to punish, that questionlesse hee had this Soueraigne Iurisdiction.

16. If against this any obiect, that the King may command in matters of orders, of preaching the Word, administring the Sacraments, &c. In all these things the King may lawfully command the parties to doe their duties, and may punish them if they doe otherwise: and yet no man will put the Kings Iuris∣diction in these matters of orders, Preaching, Sacraments, &c. For aunswere, let me intreat the reader with attention to con∣sider these three things: First to commaund, secondly to exe∣cute; thirdly to punish. Iurisdiction standeth wholly in the first and last, and nothing at all in the second: that is, in authoritie and not in action. So that though the King should execute a thing which belongeth to his office, yet in the execution ther∣of, his Iurisdiction should not appeare, howsoeuer his wise∣dome, knowledge, and actiue vertues might appeare therein: for Iurisdiction is in the authoritie of commaunding, and pow∣er of punishing, and supereminence that riseth from both. And therefore in the preaching of the Word, administration of Sa∣craments, the King hath no part; because therein Iurisdiction standeth not: these things being matters of execution not of commaund: but the authoritie to commaund these things, by making or vrging lawes for them: and to punish the transgres∣sion by corporall punishments; this because it includeth coa∣ctiue power, is in the Soueraigne Magistrate onely. If the Ma∣gistrate should either neglect his dutie, as the heathen did; or commaund false doctrines to be preached, as the Arian Empe∣rours did: in this case the Church hath warrant to maintaine the truth, but without tumults and rebellion, and rather in patience to loose their liues then to forgo any part of the truth.

17. Another reason to prooue this Soueraigne authoritie* 1.60 coactiue to be only in the King, and from him respectiuely de∣riued to both sorts of iudges, may thus bee drawen. For the iudges Temporall, there is not so much question made: all the doubt is of iudges Ecclesiasticall, the chiefe of which iudges Ec∣clesiasticall in the Church of Israel, was the high Priest. Then this Iurisdiction whereof we speake must be confessed to haue

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 proue by these reasons. The high Priest is commaunded, corrected, punished and deposed by the King, and not the King by the Priest: there∣fore the Soueraigne Iurisdiction is not in the high Priest, but in the King. Againe, the high Priests did neuer practise coactiue authoritie, vnlesse when they were Soueraigne Magistrates, as sometimes the high Priests in Israel were, but as high Priest•…•… they had no such power: for the causes betweene blood and blood; which were of their cognisance, are by the interpreters vnderdood such cases, wherein a man was killed by chaunce, without the purpose, or against the will of the offender: in which case the high Priest might graunt him the pr•…•…uiledge of sanctuary: and so deliuer him from the auenger of blood: but he had no power coactiue to inflict death, or such punishments at his pleasure: which trueth was so constantly receiued and preserued in the Church afterward, that euen in the greatest power & highest ruffe of Poperie, the Church of Rome did not take this full •…•…oactiue power, but onely proceeded to degrada∣tion, and then to deliuer men vp to the secular powers: which was a •…•…ecret confession that they had no right to this power coactiue, though they had vsurped many parts thereof.

18. A third reason to prooue this authoritie to bee in the Ciuill Magistrate, is as I teached before, confirmed by the right* 1.61 of Appellations. For in matters of coactiue Iurisdiction, a man might appeale from the high Priest to the King, as Saint Paul did to Caesar: which was vtterly vnlawfull for him to doe, vn∣lesse he might as lawfully haue appealed to a King, if that state of Israel had then beene ruled by a King, as at other times it was. For that right which Saint Paul giueth to Nero, to heare Appellations, he would vndoubtedly yeeld to Dauid, or Eze∣k•…•…as, or any other godly King in his owne Dominions. Where∣fore it followeth, that either Saint Paul must be condemned for yeelding an vnlawful power to Emperors: or Kings must haue the same priuiledge: which thing being admitted in matters Ecclesiasticall, doth inuincibly prooue the Kings Iurisdiction

in such matters. The same thing is also confirmed from those* 1.62 words of the Apostle, he is the minister of God: and, he bea∣reth* 1.63 the sword. If the Magistrate be the minister of God; then he hath full authoritie and Iurisdiction from God, whose mi∣nister and vicegerent he is: if he beare the sword, hee hath all power coactiue: for coactiue power doth alwayes follow t•…•… sword, which God hath giuen to the Ciuill Magistrate to beare. Therefore Ioh. Chrysosto•…•… saith, Regi corp•…•…ra commissa sunt, sa∣cerdoti 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 betweene the Magistrate and the Priest, concerning this point, is; Ille cogit, hic exh•…•…rtatur: so that coactiue power is left wholy to the Magistrate. Ambros•…•… likewise spea∣king of the authoritie of the Church, and of Bishops, saith: Coactus 〈◊〉〈◊〉 n•…•…n noui, arma enim nostra preces sunt & 〈◊〉〈◊〉. •…•…at, i•…•… Aux•…•…t: where he declareth the difference be∣tweene these two powers, leauing nothing to the Church, but preces & 〈◊〉〈◊〉, wherin there is no coaction. In which sense Thomas Aquin•…•…s faith: vindicta quae fit auth•…•…ritate publicae pote∣stat•…•…, s•…•…cundum 〈◊〉〈◊〉 iudicis, pertieet ad iusticiam commu∣tatiuam. 2. 2. qu. 8. art 1. Therefore vindicatiue power or co∣action belonges not to the Church, but the Magistrate that ex∣erciseth co•…•…utatiue iustice.

19. In regard of which high power Princes are called Gods. I* 1.64 haue said you are Gods. And because an aduersarie of late hath* 1.65 told vs, that this name is giuen aswell to Ecclesiasticall gouer∣nours as to Kings: we reply, that it cannot be shewed that this name is giuen to Ecclesiasticall gouernours, but either where such gouernours haue receiued authoritie from the Ciuill Ma∣gistrate, or where themselues are the chiefe Magistrates: so that it is a name giuen in respect of Soueraigne power. For to manifest the Soueraigne emmency of the Prince, compare the Prince and Priest tog•…•…ther, and by this comparison wee shall euidently know the truth: for we find the Prince called a God, not onely in respect of the people, but in respect of the Priest also. Where the Lord himselfe speaketh to Moses of Aaron

comparing their power and offices together, he saith thus: [He* 1.66 shall be thy spokesman vnto the people, and he shall be as thy mouth, and thou shalt be to him in stead of God.] In this com∣paring of these two great offices, Moses is the directour; Aaron* 1.67 the interpretour and preacher. Where the Prince or Soueraign Magistrate is called a God, not onely in respect of the people, as in diuers other Scriptures: but in respect of the Priest, thou shalt be to him, euen to Aaron, as a God. We find then that the Prince is called a God in respect of the Priest, but we can ne∣uer find that the Priest is called a God in respect of the Prince. This declareth a Soueraigne authoritie of the Prince in matters of God, and of Gods true Religion. For he who by his office is to establish true Religion in his dominions, doth heerein re∣present a liuely ex•…•…mple, both of the goodnesse and power of God: and therefore Magistrates are called Gods, as being Gods Vicegerents for establishing of true Religion.

20. And this our Sauiour Christ confirmeth, for whereas Psal. 82. They are called Gods, I haue 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, vnto whom the* 1.68 word of God was giuen, and the Scripture cannot be bro∣ken, &c.] Then the Magistrates who are here called Gods, are such to whom the word of God is giuen. For further declara∣tion of the truth, let this question be demaunded: to whom is the word of God principally giuen? to whose Soueraigne cu∣stodie is the word of God committed? The words of our Saui∣our Christ containe an aunswere, to the Ciuill Magistrate. For it is certaine that all that Psalme whence Christ taketh those words, is wholly and intirely vnderstood of the Ciuill Magi∣strates, and not of Priests or Ecclesiasticall gouernours. Why then? and is not the word of God giuen to Ecclesiasticall go∣uernours aswell as to Kings? Yes verily, but diuersly: for to Ecclesiasticall gouernours the knowledge of the word is giuen to publish by preaching. [For the Priests lippes shall preserue* 1.69 knowledge, and they shall seeke the law at his mouth; for hee is the messenger of the Lord of hostes.] Then if the question be asked, to whom is the word giuen by the way of knowledge

to preach and publish it? The answere is, to the Priest: but Christ speaketh not here of that manner of giuing the word, but he toucheth that Commission which is giuen to Magi∣strates. For to Magistrates it is not giuen by way of especiall knowledge to preach it; but by way of an especiall commissi∣on, to keepe it, to establih it by authoritie, to command obe∣dience vnto 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 giuen: Whom hath hee called Gods? Ciuill Princes: for of such, onely of such, that Psalme speaketh. Why are they called Gods? Because they are Gods vicege∣rents by their authority to establish Gods word. Therefore they are acknowledged to bee custodes vt•…•…insque tabulae, for which cause it was an ancient ceremony in the Church of Isra∣el, that at the Kings Coronation the Booke of God should be giuen into the hand of the King, as we read in the Coronation* 1.70 of Ioash: Which thing is confirmed by a commaundemant in the Law, why was this thing so solemnly commanded? so reli∣giously* 1.71 preached? but to shew that God hath committed the care of Religion principally to the King, that by the vtmost of his power and authority, it might be established in his Domi∣nions.

21. This doth proue that Moses was a Prince and not a Priest, and Aaron a Priest but not a Prince: because Moses is called Aarons God, but Aaron is not called Moses his God, but his mouth. Which thing though it bee so euident, as that it seemeth to be the vndertaking of an idle and vn-necessary dis∣course to proue it: yet because many bookes are of late filled with this conceit, that Moses was a Priest, which thing is taken as an especiall ground to build vp the Popes temporall Monar∣chie: Let vs in a few wordes refute this fancy. Franciscus Bo∣zius who vndertaketh to proue this, taketh a foundation so rui∣•…•…ous and fallacious, that it is no maruell if his whole building be answerable, for he concludeth that Moses was a Priest pro∣perly so called because, Psal. 99. it is written, Moses and Aaron among his Priests, and Samuel among such as call vppon his name. The answere is easie and vulgarly knowne, for Coha∣nim

(which word is there vsed) signifieth both Priests and Ciuill* 1.72 gouernors. It is vsed for Ciuill gouernors which stand in some honourable place. 2. Sam. 8. 18 where the sonn•…•…s of Dauid* 1.73 are called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 which cannot be translated Priests, as the Latin vulgar hath it. Though this word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 somtimes be takē, for a Priest, yet it is certaine that Dauids sonnes were not Priests, but chiefe rulers about the King, as it is expounded 1. Chron. 18. 17. Then we answere that no proofe can bee drawne from this word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 to proue Moses a Priest, because the word is ambiguous, applyed both to Priests and to Ciuill gouernours. 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 prooue 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 sonnes to be Priests Moses could not bee Priest, because the Priesthood was annexed to the birth-right. But Moses was not the first borne of Amram, but Aaron was the eldest, for we read Num. 33. Aaron was one hundred twentie* 1.74 three yeares old when he died. But Moses out liuing Aaron was but one hundred twenty yeares old when he dyed. Deut. 34.* 1.75 Theresore Aaron was questionlesse the elder brother. If any obiect that the birth-right was sometimes taken from the el∣dest by an especiall appointment of God, as appeareth in Sem and Iacob; I answere, this cannot help in this point, for Aaron was so farre from loosing this priuiledge of his birth-right, by any appointment of God, that he had the Priesthood famous∣ly 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 loofe any priuiledge that belonged to the Priesthood. Then before the institution of the Leuiticall Priesthood, Moses could not be Priest. After the institution thereof, the Priesthood was so appropriated to Aarons house, that none could be Priests but Aaron and his sonnes onely. Therefore it was not possible that Moses could be a Priest at all, either before the consecra∣tion of Aaron, or after.

22 Another reason may be drawn from those places, which

declare that Iosua was appointed by God to succeede Moses,* 1.76 * 1.77 and to gouerne as he did. In all which places it appeareth, that* 1.78 Iosua succeeded Moses in his place and function, and was that in Israel, in his time, which Moses was before him. But it is cer∣taine that Iosua was no Priest: therfore as certaine that Moses was no Priest. For Iosua was the full and entire successour of Moses. The same appeareth by the whole course of Moses his gouernment. Who commandeth as a Prince, is obeyed as a Prince, both by the Priests and people. By which command in matters temporall and ecclesiasticall: if they suppose that a Priesthood is proued: by the same reason all the Kings of Israel may as well be concluded to haue been Priests. For they com∣maunded in all such thinges as Moses did. Some obiect that Moses sacrificed, Exod. 24. But this obiection is friuolous. For the words of the Scripture are against it. It is expresly said, that* 1.79 Moses sent young men to sacrifice: these were the first borne of the 12 Tribes. For this was before the institution of the Le∣uiticall Priesthood. If any obiect that Moses did something which might seeme to belong to the office of a Priest: I answer, so did the Kings of Israell some things which might seeme to belong to the office of a Priest. For Iosias, when all the people were gathered together, read in their eares all the words of* 1.80 the booke of the couenant. Which thing might seeme to be∣long to the Priests office. So true is that principle of our com∣mon Law, founded vpon the profound principles of diuinitie and good gouernment: Rex est persona mixta; because he hath both temporall and ecclesiasticall iurisdiction.

23 And thus haue wee declared the Kings right vnder the Law; from the precept of the Law, & practise of godly Kings. Thus did Ezekiah, thus did Iosiah, and others: and in so doing, they vsurped no vnlawfull power, but stood faithfull in the exe∣cution of that lawfull right, which GOD committed to them. From this commission they may not turne either to the right hand, or to the left. For as it was a great sinne in Vzziah on* 1.81 the one side, to vsurpe the Priests office: so should it be a great sinne on the other side, for a King to neglect any part of a Kings office. From all which, wee collect the power of a Prince in

matters ecclesiasticall to stand in these things. He is to establish all ecclesiasticall Lawes, for which no power is sufficient with∣out his. Neither is it reason that they should establish Lawes, in whom there is no power to defend and maintaine the Maie∣stie of those Lawes so made. He is to punish all transgressours of those Lawes, hee is to appoint ecclesiasticall Ministers their places, to be Iudges in matters of ecclesiasticall Lawes: and if they offend, to punish them, hee may place and displace accor∣ding to their merits: So Salomon displaced Abiathar, & made Zadock high Priest in his roome. But because of late, suborned Mat. Tortus speaking of this example, saith, that Salomon did displace the high Priest as he was a Prophet, not as hee was a King: let vs by the way open the vanity of this shift. The fault that Abiathar had committed was worthy of death, as Salomon saith: [Thou art worthy of death.] But yet hee shewed him* 1.82 mercy, because hee had borne the Arke of the Lord before his Father Dauid, and had suffered in all things wherein Dauid was afflicted. So that the thing which Salomon did to Abiathar, he did as iudge of life and death. To be a Iudge of life & death, was not the osfice of a Prophet, but of the King: therefore Salomon did it not as a Prophet, but as a King. Againe, the Prophets office was extraordinary, but this thing is so far from an extraordinary example, that wee see rather that Salomon doth mitigate the ordinary punishment of that crime which Abiathar had committed. Moreouer, to punish or to release the punishment of treason, belongeth not to the office of a Prophet, but of the King: but Salomon in this action punishing the treason of Abiathar, releaseth some part of it. All which proue the distorted shift of Tortus, to be so vaine and shame∣lesse, that the blushing Hat of a Cardinall, is not broad enough to couer the shame. In these things, and in supreame appella∣tion, standeth Ecclesiasticall iurisdiction, which by diuine right was placed in these Kings, and by them practised.

CHAP. IIII.

Externall Coactiue Iurisdiction was not left by Christ to his Church, nor practised by the Church all that while, that the Church was without Christian Magistrates: where∣in is declared the Iurisdiction of the Church, and of Bi∣shops, that the power of excommunication proceeded not to Coaction.

NOw let vs make search in the Church of Chri∣stians, wherein we will consider first the state of the Church, after it was called by Christ and his Apostles, and gouerned by the Fathers for the space of the first three hundred yeeres: in all which time no Christian was the Soueraigne Magistrate. In this time it will be to good purpose to search the Iurisdiction of the Church, for this is the time wherein it will most cleerely appeare. 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 vnderstand the greatnesse of this blessing. But when the Church of Rome grew insolent by abusing this blessing, taking the right of Princes from them, and thereby re∣mouing the ancient bounds of the Ordinances which God had set of old, then it was not to bee marueiled, that such iudge∣ments followed of blindnesse and ignorance among the peo∣ple, of confusion and contempt vpon Princes and Kings: which iudgements haue beene so famously apparant in the sight of the world. But let vs proceed to the examination of the Churches Iurisdiction, for if we consider what Iurisdiction Iesus Christ left to his Church, it will consequently appeare what Iurisdiction is in Ciuill Princes: for all that Christ gaue not to his Church, remaineth with Princes.

2. The places from which they would prooue Iurisdiction,* 1.83 are these: Mat. 18. [Whatsoeuer you shall binde on earth,

shall be bound in heauen.] And, [whosoeuers sinnes you re∣taine,* 1.84 shall be retained.] Now these places make no proofe of this Iurisdiction which is in question. For all Popish writers that I could see vpon this question, acknowledg these Scripturs not to be meant of externall Iurisdiction coactiue, which is our question, but of the inward power of remitting of sinnes, pra∣ctised within the court of conscience by the power of Gods spi∣rit, and declared by the Priest, and ordinarily practised in ex∣communication, or otherwise. The greater condemnation de∣serueth* 1.85 that Catholike Diuine, who to disprooue the Iurisdi∣ction of Princes, and to proue the Popes pretended Iurisdicti∣on bringeth these places of Scripture which speake of neither. Other places they cite, as that: [Thou art Peter, and vpon this* 1.86 rocke will I build my Church: and I will giue to thee the keyes of the kingdome of heauen.] And, [Simon louest thou mee?* 1.87 feede my Lambes, &c.] These and such like places they bring to proue the Popes Iurisdiction. All of this sort are throughly handled with exact iudgement and learning, in that worthy conference written by Doctor Raynolds of blessed memory: which booke as a gantlet of one of the worthies of our Church hath lien long betweene vs, and the host of the Philistims: and none of our adue•…•…saries hath had the courage to take it vp and to aunswere it.

3. It is sufficient for vs to pleade, that none of the auncient Fathers did euer expound these Scriptures thus; or did euer dreame of such senses, as they haue found of late out of their owne decretall Epistles. It is sufficient that some of their owne best learned writers, yea some of their most learned Popes, be∣fore they were Popes; haue with such learning and iudgement refuted their new deuised expositions of these Scriptures, as that from themselues and out of their owne mouthes, God hath drawen testimonies to ouerthrow these carnall and absurd ex∣positions of Scriptures. Iohn Gerson saith, that these texts thus by the Popes flatterers applied to prooue his Iurisdiction, are* 1.88 vnderstood by them: Grossé & non secundum regulam Euangeli∣cam. And Aenaeas Siluius, hath with great life and learning o∣uerthrowen* 1.89 these grosse and corrupt expositions: of whom we

shall speake hereafter in due place, where it will fully appeare that these expositions of Scripture are by the learned, free, and iudicious men of that side, acknowledged to bee inuented by flatterers, as the same Pope Pius the second, witnesseth: to be new and straunge, and to be vrged by miserable and wret∣ched soules, which will not vnderstand that these challenges of their Iurisdiction, are nothing but either the words of the Popes themselues; that would inlarge their fringes without measure: or of their flatterers who being blinded by ambition, and caried with the winde of vaineglory, doe flatter the Popes in hope of reward. Though now those flatterers haue got•…•… the vpper hand in the Councell of Trent; and haue vsurped the name of the Church, who before were alwayes esteemed a base company, standing for the Popes Iurisdiction against the graue and learned men of that Church.

4. Then for the places of Scripture which they bring for this Iurisdiction, we say with their owne best learned men, that they are (in that sense wherein they vse them) new deuises drawen of late by strange and absurd contortions into this new flattering sense, by the Popes flatterers, against the auncient expositions of the Fathers and Doctors of the Church. Con∣cerning the Iurisdiction which Christ left to his Church, let all the Scriptures be searched, and there will nothing be found of externall Iurisdiction consisting in power coactiue: but all that Christ left was partly, yea principally, inward and spirituall power, partly externall for establishing doctrines of faith and good order in the Church, by Councels, determinations, iudi∣cature, spirituall censures, excommunication: deposing and dispatching of the disobedient, so farre as the Church could proceede without coactiue power. For by this spirituall pow∣er without coaction, the Church was called, faith was planted, diuils were subdued, the nations were taken out of the power of darkenesse, the world was reduced to the obedience of Christ; by this power the Church was gouerned for three hun∣dred yeeres together without any coactiue Iurisdiction. But what coactiue power may worke in the Church without this, we haue 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 vse of the power of the spirit of God: when the Popes being destitute of this power of the spi∣rit, tooke vpon them power aboue the Ciuill Magistrate, pra∣ctising wholly coactiue power which they called Spirituall, when they had forsaken the power of the spirit and reiected it from them.

5. The Iurisdiction which the Apostles practised was part∣ly from the commission of Christ, spirituall: partly from the law of Nature, and from the example of that gouernment which was established in the Church of the Iewes. The things which belonged to Apostolicall Iurisdiction, either concerned the go∣uernment of the ministery, or of the whole Church. Touching the gouernement of the ministery, these things belonged to the Apostles so long as they liued, and afterward to Bishops their successours. First a power to ordaine ministers, Thus did* 1.90 Paul and Barnabas when they called Churches through Ly∣caonia, Pisidia, and Pamphylia: [They ordained Elders in eue∣ry* 1.91 Church.] Elders, that is, Pastors, Preachers to preserue the Doctrine continually which the Apostles had once planted. And this charge to ordaine Elders or Priests, did the Apostles leaue also to them that succeeded in the gouernement of the Church. This commission Saint Paul gaue to Titus. [For this cause I left thee in Crete, that thou shouldest continue to re∣dresse* 1.92 the things that remaine, and ordaine Elders in euery city, as I appointed thee:] which ordaining signifieth also institution in the place or cure they ministred in.

6. The Apostles had also in themselues, and left to their successours, power and Iurisdiction to command those Pastors* 1.93 which thus they had ordained, to preach the truth without mixture of false doctrines. This power as Saint Paul had in himselfe, so he left the same to Timothie, and consequently to others. [As I besought thee to abide still in Ephesus, when I* 1.94 departed to Macedonia, so doe, that thou maist command some that they teach no other doctrine.] These were the prin∣cipall parts of Iurisdiction which the Apostles left to their suc∣cessors, to continue in the Church for euer. For the end and

vse of this gouernment is perpetuall, as to ordaine Preachers, and to see that they so ordained, should teach the truth with∣out heresie. It followeth certainely, that such gouernours as the Apostles themselues ordained in the Church for these perpetu∣all vses, are to remaine perpetuall gouernours in the Church. Thus was the gouernement of Bishops placed by the Apostles, to stand and continue till the end of the world, because the A∣postles placed such for the ordination of ministers, and the pre∣seruation of true Doctrines. For they who aunswere that these offices and places wherin the Apostles placed Timothie and Ti∣tus, were either extraordinarie, or to indure for a short time, do not consider the end and vse of these places: which end and vse is neither extraordinary nor temporary, but ordinary and per∣petuall. For ministers must be ordained, & commanded to pre∣serue the truth without heresie, as long as the Church standeth. Then the necessitie and vse of the ends, will prooue the like necessitie and vse of these gouernours, which by the Apostles were placed for these endes.

7. Another part of this Iurisdiction, and depending vpon the last, was that which the Apostle leaueth in commission to* 1.95 Titus, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to stoppe their mouthes. For which cause* 1.96 the Angell of the Church of Thyatira is reprooued by Christ, because he suffered a false Prophetesse to teach, and to deceiue the people, and to make them commit fornication, and to eate meat sacrificed to idols. If Titus be commaunded to put some to silence, and the other reprooued for suffering a false teacher to teach; then the gouernours of the Church haue authoritie and Iurisdiction in these things: but how farre it is extended, we shall consider hereafter. But because it may be questioned whether 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 be to silence ministers, or to conuince them by argument. To this wee 'aunswere, that albe it wee denie not conuiction by reason to be also included in the word, yet there is a further meaning of iudiciall proceeding by authoritie heere vnderstood; which thing will appeare by conference of this and other places. For Saint Paul hauing first declared that* 1.97 he left Titus at Crete to ordaine Elders, describeth what man∣ner of men they must be that are so to be ordained. For a 'Bi∣shop* 1.98

must be vnreproueable, &c. Then he declareth that many* 1.99 be otherwise: for there are many disobedient and vaine talkers, and deceiuers, &c. If the question be demaunded, what shall be done to these deceiuers? the wordes immediatly following containe an aunswere: whose mouthes must be stopped. So* 1.100 that the sense of these words is the same with that which hee saith to Timothie, charging him; to command some that they* 1.101 teach no other Doctrine. Then the word containeth not only conuiction by argument, but Iurisdiction also. For conuicti∣on by argument onely would not haue serued to suppresse the false Prophetesse of Thyatyra. And if a minister be accused of heresie, or such like, he was to be iudged by such as were set in chiefe authoritie in the Clergie. For that there was a consisto∣ry and iudiciall proceedings set vp, it is euident; and no lesse e∣uident that the Bishop was iudge. [Against an Elder (saith S. Paul to Timothie) receiue none accusation, but vnder two or* 1.102 three witnesses.] Now he that is appointed to heare accusati∣ons, to receiue the testimonies of witnesses, is placed in a place of iudgement with Iurisdiction: and therefore hath authoritie not onely to conuince by argument, but also to proceed iudi∣cially against false teachers, and to put them to silence.

8. Thus farre was Iurisdiction practised ouer ministers, the things which follow touched the whole Church. Another* 1.103 part of Iurisdiction practised by the Apostles, touching the Church in generall; was to call Councels for the determinati∣on of such controuersies, as were raised vp by them that trou∣bled the doctrines of the truth, and peace of the Church. Such was the Councell gathered by the Apostles, Act, 15. Consisting* 1.104 of Apostles and Elders, that is, of persons Ecclesiasticall, wher∣in sentence proceeded after good deliberation and great dispu∣tation.* 1.105 This is the greatest power or Iurisdiction of the Church: because the whole or many chiefe parts together, is greater then any one part.

9. Further concerning the extension of this Iurisdiction, it can∣not be denied but that there is a power in the Church, not on∣ly internall, but also of externall Iurisdiction: of internall pow∣er there is no question made. Externall Iurisdiction being vn∣derstood

all that is practised in externall Courts or consistories, is either definitiue, or mulctatiue. Authority definitiue in mat∣ters of faith and religion, belongeth to the Church. Mulcta∣tiue power may be vnderstood, either as it is referred to spiritu∣all censures, or as it is with coaction; as it standeth in spirituall censures, it is the right of the Church, and was practised by the Church, when the Church was without a Christian Magi∣strate, and since. But coactiue Iurisdiction was neuer practised by the Church, when the Church was without Christian Magi∣strates: but was alwayes vnderstoode to belong to the ciuill Magistrate, whether he were Christian or heathen. We denie not but that the Apostles did sometimes take vengeance vpon the disobedient, but that was not by the materiall sword (in the power whereof we place coaction) but by the spirituall sword, which alwayes shewed it selfe in their Ministery, sometimes in an extraordinary manner, as in the striking of Ananias and Sa∣phira* 1.106 with present death: in the striking of Elimas the Sorcerer with blindnesse, and such like. These were signes of extraor∣dinary power, but wee seeke heere the ordinary Iurisdiction of the Apostles, which they left to their successours.

10 Vpon these grounds ioyned with the assured knowledge of the History of those times, the auncient Fathers deliuer it as a truth neuer questioned, nor doubted, that in the gouernment of the Church, the Bishops are the vndoubted successours of the* 1.107 Apostles. Irenaeus speaking of heretikes, saith: Omnes hi poste∣rior•…•…s sun•…•… episcopis, quibus apostoli tradiderunt ecclesias. If Bi∣shops were before any heretikes, they were questionlesse in the Apostles time, and by the Apostles instituted, because some he∣retikes* 1.108 were euen in the Apostles time. Irenaeus saith also: Ha∣bemus annumer are eos, qui ab Apostolis instituti sunt episcopi in Ec∣clesiis. And a little after: Quibus etiam ipsas Ecclesias commit∣tebant. And againe in the same place: Quos & successo es reli∣querunt,* 1.109 suum ipsorum locum magisterij tradentes. Cyprian saith, Potestas peccatorum remittendorum Apostolis data est, & Eccle∣siis, quas illi à Christo missi constuuerunt▪ et episcopis qui eis ordina∣tio•…•…e 〈◊〉〈◊〉 successerunt. The same hee hath also Epist. 69.* 1.110 Hierome saith, Potentia diuitiarum & paupertatis humilitas vel

sublimiorem vel inferiorem Episcopum non facit. Caeterum omnes Apostolorum successores sunt. It were hard to kicke against all these pricks. Against so euident grounds of Scripture, so ex∣presse testimonies of Fathers, to deuise a new gouernment of the Church. Leauing the auncient and knowne gouernment, which hath the testimonie of those that liued in the first age, and heard and sawe those that were endued with miraculous gifts: (as Irenaeus testifieth of himselfe, that hee heard those* 1.111 which spake by the spirit in all languages, and sawe them who* 1.112 often raised the dead to life againe.) Leauing, I say, the testimo∣nie of these, whose name and authority is so reuerend in the Church, and striuing for a gouernment which came but of late to the knowledge of men; seemeth to proceede from affecti∣ons too much blinded with the loue of innouation.

11 But though this be true, that Bishops in the gouernment of the Church succeede the Apostles, yet we are cautelously to distinguish betweene the things, wherein they succeede the Apostles: and those things which since the Apostles times haue beene added to their gouernment by godly Princes. For the preseruation of true doctrine in the Church, the Bishops are the great watch-men. Herein they are authorized by God. If Princes withstand them in these things, they haue warrant not to obey Princes, because with these things Christ hath put them in trust. Therefore S. Paul saith not, that it is the Kings* 1.113 office, but the Bishops, to commaund that they teach no other doctri•…•…e. Vpon which ground S. Ambrose was bolde to with∣stand Valentinian Emperour. For Ambrose, as the watch-man of the Church of Millaine, would not suffer Auxentius an Arian Bishop, to haue any place to teach in his Diocesse. Auxentius* 1.114 complained to the Emperour, as the contention grew thus be∣tweene them, the one like a vigilant watch-man, seeking to re∣moue all dangers from his flocke, the other like a Wolfe see∣king to spoile: at the earnest entreaty of Auxentius the Empe∣rour, willed that the cause betweene these two might be heard in the Ecclesiasticall consistorie, and that the Emperour might sit as Iudge in the cause. This thing Ambrose vtterly denied: and of this hee writeth thus to the Emperour. Quando audisti* 1.115

clemētissime imperator, in causasidei, Laicos de Episcopo iudicasse? And againe: Sivel Scripturarum seriem diuinarum, vel catera tempora retractemus, quis est qui abnuat in causa fidei, in causa inquamsidei, Episcopos solere de imperatoribus Christianis, non im∣peratores de Episcopo iudicare? And in another place: Volens* 1.116 nunquam ius deseram, coactus repugnare non nout; arma enim no∣stra preces sunt & lachrymae. This example of Ambrose his cou∣rage, is worthily commended by all posterity, wherein this worthy man seemeth to direct a true rule of obedience. For Iustina the Emperours mother, seeing she could not draw Am∣brose to fauour the Arians, purposed to put him from the go∣uernment of the Church. Which thing would haue beene ef∣fected, if he had not refused to appeare in the Court, where the Emperour was to sit as Iudge. There appeared in him courage, godlinesse, and exact obedience, all truly tempered. He deni∣eth the Emperour to be a sufficient Iudge in a cause of faith and religion. In causafidei, in causa inquam fidei. For this hee re∣peateth precisely, desirous to be rightly vnderstood: he would rather die then admit such an example as to betray the trueth, and that commission and charge wherein GOD had set him. And yet if the Emperour would by force doe any thing, he de∣nieth 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 iudgement, to be maintained by force and armes, but by pray∣ers and teares. Thus resolute is this godly man in the cause of faith against the Emperour: but in other causes he claimeth no priuiledge, no immunities, and therefore in the same place hee faith: Si tributum petit imperator non negamus, agri Ecclesiae tri∣butum soluunt. Athanasius ad solitar. vitam agentes; speaking to Constans. the Emperour, saith: Let religious Bishops perswade the Emperor, that he corrupt not the Church, nor mingle the Romane Empire with Ecclesiasticall constitutions. And Hilla∣rie* 1.117 writing to Constantius, saith to the same purpose: Prouideat & decernat clementia tua, &c. Let your clemency prouide and establish, that all Iudges to whom the care of publike businesse belongeth, may abstaine from religious constitutions. Thus did the auncient Bishops gouerne the Church, not suffering

any King or Emperour, to meddle with the determinations of matters of faith: For of such matters are these testimonies to be vnderstood, and onely of such. In like manner Chrysostome re∣sisted Gaina generall of the forces of Arcadius Emperour. Who would haue had a Church within Constantinople for himselfe and the Arians. The Emperour was willing to gratifie him, or* 1.118 not willing to displease him for his greatnesse; but Iohn Chry∣sostome did vtterly denie it, as a thing vnlawfull. Thus by the warrant of Scriptures and examples of Fathers we giue to Caesar all coactiue power which is due to him: but spirituall gouern∣ment we giue not to him: this is that gouernment which is re∣serued to Bishops, as the Apostles successours. After which ex∣ample Gregorie the first writeth thus, Serenissimi domini animum* 1.119 non ignoro, quod se in causis sacerdotalibus miscere non soleat. Gre∣gorie calleth those causes with which the Emperours medled not, causas sacerdotales: meaning therby the same which Am∣brose calleth causes of faith.

12. Besides this Spirituall gouernment which is peculiar to Bishops, there is also another part of gouernment giuen to Bi∣shops; which commeth from Princes, which Constantine first gaue, as hereafter we shall declare. Of this Chrysostome: saith: I am vero pars illa, quam Episcopum tractare in iudicijs conuen•…•…t, in∣finita* 1.120 odia, infinitas offensiones parit; quae ipsa praet•…•…r quam quod neg•…•…tijs quamplurimis plena est, tam multas etiam difficultaies af∣fert, quam multas ne forenses quidem iudices sustinent: and much* 1.121 more to the same purpose. Augustine complaineth that he was too much troubled with these matters of iudic ture. And Sy∣nosius professeth that he can not attend both businesses. Anti∣quum tempus (saith he) tulit eosdem & sacerdo•…•…es & iudices, e•…•…∣nim Aegyptij, Hebraeorum{que} gens multum temporis â saceraotibus* 1.122 gubernata est; and a little after, Non condemno Episcopos qui ver∣santur in negotiis, &c. Si qui vero sunt, qui à rerum diuersarum aggressione non laeduntur, illi for sitan possunt simul & •…•… fun∣gi, & ciu•…•…tatibus praeesse.

In all these parts of Episcopal Iurisdiction, which either by A∣postolicall right or institution, or by the fauour of Princes, haue beene giuen to them: the Pope hath intruded like a Foxe, and

maintaineth his intrusion like a Lion. For as Christ left an equa∣litie* 1.123 and paritie among his Apostles, often affirming and con∣firming* 1.124 that one of them should not be greater then another;* 1.125 and yet the Apostles were in gouernement aboue other Mini∣sters: and that by the institution of Christ himselfe: For the Lord after that he had chosen his twelue Apostles, did chuse al∣so seuentie Disciples [and sent them two and two b•…•…fore him* 1.126 into euery citie where he himselfe should come] saith S. Luke; then Christ himselfe is the authour of this order in the Church: which the Church hath since that time euer held, the Bishops succeeding the Apostles, as the inferiour Pastors succeeded the seuentie Disciples: So the Apostles after them left the like equa∣lity among Bishops, that one of them should not bee aboue a∣nother; and yet Bishops in gouernment aboue other Ministers: for Iurisdiction was neuer in the multitude, but in gouernours: the Bishops thē being the gouernors after the Apostles, the like Iurisdictiō was in all. As Cypr. saith, Episcopatus vnus est cuius à* 1.127 singulis pars in solidum tenetur. And Hierom saith, Vbicun{que} fu∣erit* 1.128 Episcopus siue Romae, siue Eugubij, &c, eiusdem meriti, eius∣d•…•…m est & sacerdotij. Which power in Bishops the Pope hath by surreption drawen to himselfe, and now out of his fulnesse imparteth to Bishops at his pleasure; as if hee were the foun∣taine of Iurisdiction.

13. As thus he hath drawen their auncient right from Bi∣shops: so hath he drawen from Temporall Princes that which of auncient right was theirs: we shall better vnderstand what he hath taken from Temporall Princes, if we consider the true limits be•…•…weene the power of Princes, and the power of the Church. We say therefore that the Iurisdiction of the Church was neuer extended to coactiue power: because God hath gi∣uen all coactiue power to the Ciuill Magistrate, to whom hee hath committed the sword. And as coactiue power belongeth not to the Church, so neither dooth it belong to the power of the Church, to erect or establish, to dissanull or dissolue this coactiue power, as the Pope pretendeth to doe by excom∣munication, deposing Kings and freeing their subiects from their faith and allegeance. This dissolution of coactiue power

cannot belong to the Church, because this is both Temporall and coactiue: the power of the Church being Spirituall, cannot bee called either Temporall or coactiue. Now that the power exercised by the Pope in excommunication is Temporall and coactiue, is the graunt of Bellarmine: for hee saith that the Church of old did not depose Nero, Diocletian, Iulian, •…•…,* 1.129 &c. Quia deerant vires temporales: then he graunteth that in this present practise of the Popes, there are vires temporales: what is this, but temporall 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 coa∣ctiue power: therefore this coactiue power which the Pope v∣seth by Temporall force in deposing of Kings, was not by Christ graunted to his Church, And if we should yeeld Tem∣porall coaction to the Church, what power is left to the Ma∣gistrate? Thus we see the auncient hedge is plucked vp, and the bounds are chaunged, which of old stood betweene these two powers Ciuill and Spirituall.

14. Against this disordering of the auncient bounds wee haue the words of our Sauiour Christ. [My kingdome is not* 1.130 of this world, i f my kingdome were of this world, my seruaunts would surely fight, that I should not bee de∣liuered, &c. But because when these wordes are vrged a∣gainst our aduersaries, they looke ascant vpon them, as if they touched them not: Let vs consider how the king∣dome of the Pope, and his pretended Iurisdiction in deposing of Kings, is vtterly ouerthrowen by these words, which de∣clare the power properly belonging to Christs kingdome, that is to his Church. Christ aunswereth heere to Pilats question, Verse 33. [Art thou the King of the Iewes?] By which questi∣on it appeareth there was some suspition and feares, that Christ pretending for a kingdome, might conspire against the state, and worke the trouble and dissolution of the gouernment esta∣blished. For as Herod when he heard that Iesus was borne the King of the Iewes, was troubled and all Ierusalem with him; and entred into such feares and suspition, that mooued him to* 1.131 kill all the young children from two yeeres old and vnder: so

the high Priests suggested the same suspitions to Pilate. From this ground riseth this question of Pilate, Art thou the King of the Iewes? To this he aunswereth, my kingdome is not of this world. From which aunswere applied to such a question, these positions issue: It is against the nature of the kingdome of Christ to worke any trouble to the kingdomes of the world. And, that kingdome which worketh trouble to the kingdomes of this world, is not the kingdome of Christ. Christs king∣dome which is not of this world, is his Church, which is in this world, but not of this world, as himselfe saith, [If you were of* 1.132 this world, the world would loue her owne, but because you are not of this world, but I haue taken you out of this world, therefore this world hateth you.] Then we reason thus: The gouernment of Christs Church breedeth no trouble, much lesse dissolution to the states of this world: but the gouerne∣ment of the court of Rome, (now commonly called, the Church of Rome) breedeth trouble and dissolution to the states of this world: therefore the gouernment of that court, is con∣trary to the gouernment of Christs Church: the assumption is a confessed truth too well knowen, that the gouernment of the Popes court or Church, breedeth trouble and dissolution to States by excommunications. The proposition is prooued by the aunswere of Christ to Pilats feares: my kingdome is not of this world: whereby hee satisfieth Pilate that he needed not feare any trouble, or dissolution of established authoritie by him, for this was Pilats feare. So that if wee admit that Christ did aunswere to the purpose, and that Pilats feares and suspiti∣ons were remooued by his aunswere, it must be confessed that by that aunswere the State was secured, that Christs gouerne∣ment would not raise any trouble to it, or procure the dissolu∣tion thereof. And it must be well obserued, that Christ thus securing the present State, doth not speake of his owne person onely, but vndertaketh for all that belong to him, and his king∣dome. Therefore he saith not, I am not: or, my person is not of this world: but, my kingdome is not of this world. Then as hee secureth this State from any trouble that they might feare from his person, so he secureth all States of the world, du∣ring

the time of this world, from all troubles that they might feare from his members, and from his kingdome which is his Church. Wherby it followeth by strong euidence of reason that they who put States in feare of troubles, or work the dissolutiō of Ciuill gouernment (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* 1.133 following. [If my kingdome were of this world, then would my seruants surely fight that I should not be deliuered to thee.] In which words wee finde that Christes seruants may not fight, not stirre vp tumults, vproares and warres, for the maintaining of their kingdome. Therefore that Kingdome for which they raise so much warre, is not the kingdome of Christ, not Christs Church: nor they that raise vp such warres, Christs seruaunts. Christ forbiddeth his seruaunts to fight for him, and his king∣dome: the Pope commandeth his seruants to fight for him and his kingdome. Can you haue two kingdomes more opposite? two Kings more contrary?

16. This doctrine that the Church may not stirre vp any vproares or warr•…•…s against the Magistrate, hath beene alwayes maintained by the auncient Fathers. For we finde that in the greatest persecutions, the auncient Bishops taught Christians alwayes to liue in peace, and to pray for the Emperours and gouernours, though they were persecutors, according to the commaundement of Christ; [Loue your enemies: and pray for them that persecute you.] Iustin Martyr saith, [We pray that* 1.134 * 1.135 you (speaking of the Emperour) may be found to haue a good and sound mind with your imperiall power.] Plinie writing to Traian of the auncient manner of Christians, saith they assem∣bled* 1.136 to worfhip Christ, and bound themseluer in a Bond, not to set vppon any wicked practise, Sed ne furta, ne latrocinia, ne adulteria committerent, ne sidem fallerent. Contrary to which practise the Pope by his excommunication, deposing of Prin∣ces, and discharging subiects from their oath and Allegeance, bindeth men to raise warres and tumults, to breake and vio∣lat•…•…* 1.137 their faith, and to commit many disorders. Tertullian saith Cramus pro Imperatoribus &c. That is, [We pray for Empe∣rours,

for their deputies, for powers, for the State of this world, for the quiet and peaceable gouernment of things.] Contra∣rie to which the Popes raise warres, make the gouernment of States tumultuous, and take away peace from the earth. Opta∣tus* 1.138 saith, [For good cause doth Paul teach, that we must obey. Kings and powers; yea though an Emperour were such an one* 1.139 as liued after the manner of the Gentiles.] Augustine saith, [we are not to yeeld this power to any but onely to God, the power I say to giue kingdomes &c. Who giueth earthly king∣domes* 1.140 both to godly and vngodly.] And in another place hee prooueth, that euill Kings and Tyrants are to be obeyed, wher∣of* 1.141 he giueth a reason: because saith hee [Men consist of two* 1.142 parts, a bodie and a soule, as long as wee are in this life, and neede the helpes of this life, we must by that part which belon∣geth to this life, be subiect to the powers of this world: but by that part whereby we beleeue in God, we owe no subiection to man, but onely to God.] Ambrose saith, If the Emperour* 1.143 should commaund any thing vnlawfull: hee would not obey, neither durst he resist by force, but onely beare with patience: Arma enim nosta sunt preces & lachrymae. Gregorie the first was so farre from this tumultuous disposition of his successours, that hee held himselfe bound to obey the Emperour in the promul∣gation of that law, which he thought the Emperour should not haue made. Ego quidem iussioni tuae subiectus (saith he to the Emperour Maurice) eandem legem per diuersas terrarum partes* 1.144 transmitti feci, & quia lex ipsa omnipotenti deo minime concordat, ecce per suggestionis meae paginam serenissimis dominis nunciaui: vtrobi{que} ergo quae debui exsolui, quia & Imperatori obedientiam praebui, & pro deo quod sensi minime tacui. So farre were these auncient Fathers from the newe and strange practises of diso∣bedience and rebellion against Magistrates, which is nowe so stiffely taught, and vnmercifully executed by the Popes vassals vnder pretence of Religion.

17. But they tell vs, that the Pope vseth onely his spirituall censures: hee excommunicateth Kings for heresie or schisme, and thereby deposeth them, and dissolueth the obedience of Subiects. I answer; excōmunication as it is a censure of Christs

Church, containeth no coactiue power, that is no such power as to depose Princes, or to dissolue the faith and alleageance of Subiects. Which thing is proued both by the vse of excommu∣nication, and by the power of the Church. First, if we consider the vse of excommunication, we finde it was vsed in the Church of the Iewes, and from them taken by the Church of Christians. Then excommunication being found among the Iewes in his full vse and force, all the kindes there of being distinctly obser∣ued by the learned Iewes, namely by Elias Leuita, who obser∣ueth out of the writings of the auncient Rabbines, three diuers* 1.145 kindes of excommunication in vse in the Iewish Church: it fol∣loweth, that this censure of the Church can be no farther ex∣tended in the Church of Christians, then it was in the Church of Israel, where it was first instituted and established. But in the Church of Israel, it was neuer extended to deposing Kings, and destroying obedience of Subiects: therefore in the Church of Christians, it may not be extended to these practises. What can be denied heere? For neither can they denie, but that the censures of the Church should bee of greatest power there, where they were first instituted: neither can they denie, that ex∣communication was first instituted in that Church of the Iewes: neither can they shew vs, that any King of that Nation was at any time deposed for pretended heresie, or for knowne and professed idolatry: though the Kings there were often great idolaters: though the Priests were bolde and couragious in Gods cause: yet we neuer finde that any Priest did by excom∣munication depose the King, or destroy the bond of allegeance. This thing then being neither practised by the Iewes, where these censures were in first and chiefe force, nor by Christ and his Apostles, nor by the Fathers of the Primitiue Church, nor known in the Church for the space of almost a thousand yeares (as hereafter wee shall declare) wee haue great reason to con∣clude that excommunication, as it is an Ecclesiasticall censure, hath no power coactine to alter any temporall authority, to de∣pose Kings, to destroy and dissolue allegeance, or to trouble any lawfull authority established in this world.

18 This will no lesse appeare, if wee consider the power

which the Church hath alwaies practised, for coactiue power was a thing which the Chnrch yeelded alwayes to the •…•…iuill Magistrate. And if the Bishops of Rome did sometimes breake out beyond their bounds: yet were they in those ancient times alwayes repressed by the authority of the Church. For, that we may take a short suruay of the Iurisdiction of the Church, du∣ring the first three hundred yeres: so long as the Apostles liued, no man doubteth but that they ruled all, and that the greatest Iurisdiction of the Church was in them, if we speake of spiritu∣all Iurisdiction. And if any one Apostle liued after the rest, there was more power acknowledged to be in him, then in any one that liued in the Church in his time. Now it is for an assured historicall truth recorded by Eusebius, and before him by Ire∣naeus (whom the full consent of the auncients follow heerein) that S. Iohn liued after all the other Apostles were dead, & that he continued in the gouernment of the Church, vntill the times of Traian Emperour. 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 chiefe Pastor, the Monarch, the foun∣taine of all Iurisdiction, as his flatterers now make him: it must be confessed that Alexander in his time, and Euaristus before him was S. Iohns head: and before him Clemens, and before him Anaclet, and before him Linus. Did these rule and gouerne S. Iohn, or S. Iohn them? shall we say that they had Iurisdiction ouer S. Iohn, or S. Iohn ouer them? If these Bishops each in his time had Iurisdiction ouer S. Iohn, then there was an authority in the Church aboue the authority of the Apostles. If they were gouerned by him, then the Bishop of Rome was not the head of the Church. There is no sober spirit that can doubt of these things: or can thinke that in those dayes any liued in the Church, who was not vnder the Iurisdiction of an Apostle.

19 After Saint Iohns death, who was liuing in the yeare of Christ 100. and after: in the Church of Rome, were Sixtus, Telesphorus, Hyginus, Pius, Anicetus, Soter, Eleutherius, Victor. These gouerned the Church of Rome in succession, by the space of one hundred yeares together. In which times they seemed

willing to put to their helping hands, to aduance the Church of Rome. For Sathan hauing a purpose thence to raise Antichrist, began betime to worke, and to abuse those good men, as it was not hard for him to beguile better men then they were, though we admit them to be good men, and holy Martyres. Then were they drawne into a loue to aduance their seate and Iurisdicti∣on, yet so, as neither in them is proued pernicious, neither was it thought by the church to be very dangerous, seeing they yeelded and submitted themselues in the end to the graue and godly aduise of the Church.

20 The things wherein the Bishops of Rome sought first to aduance their power, was by imposing ceremonies vpon other Churches. Thus did Anicet contend for the celebration of Ea∣ster: but was quieted by Polycarp; who for the peace of the* 1.146 Church, made a iourney 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 storie from Irenaeus. Thus was peace and loue then maintained on all sides, whilest the Bishops of Rome were content to be ruled by others.

21 A little after, Victor grewe more violent in the fame quarrell, and excommunicated the Easterne Churches, which did not obserue Easter after the maner of the Church of Rome. But Uictor was resisted, and sharply reproued by Polycrates Bi∣shop* 1.147 of Ephesus, and the rost of the Easterne Bishops, as also by Irenaeus Bishop of Lions in Fraunce. These did freely reproue Victor, for that he regarded not the peace of the Church: they declare that in ceremonies there was great difference of olde, and yet the Bishops liued in loue and peace together: that the differences in ceremonies, did not breake the consent in faith: that these differences were before the time of Victor: and that hee was therein to followe the examples of his auncients, who preserued loue and peace, and the doctrines of faith sincere, with some diuersity in outward ceremonies. This was all that the Bishops of Rome attempted in those dayes: wherein there appeareth no Iurisdiction ouer others, but rather the contrary. For the godly Bishops of Asia reproued them, and made them

see and acknowledge their owne rashnesse, and caused them to desist: therefore the Church did not then acknowledge the Popes Iurisdiction.

22 Betweene Victor and Syluester the first, succeeded 18. Bishops of Rome, in the space of 100 yeares next. In which time there was no great attempt made for superiority or Iu∣risdiction: onely the Bishops of other Churches did honour the Bishop of Rome, following the Apostles rule [In giuing honor* 1.148 goe one before another.] Which honour if they could haue re∣membred as well to giue to others, as they did to receiue from others, there could haue risen no question of Iurisdiction: but that which began in loue and courtesie, was afterward drawne to Iurisdiction. We denie not but some of the auncients haue yeelded to S. Peter a Priority among the rest of the Apostles, because of his great zeale and loue to Christ and to his trueth, and for his excellent vert•…•…es: and to the Bishops of Rome wee finde likewise that the auncients yeelded great and honourable titles, but this was in respect of their vertue, learning, and in∣tegrity. For the auncients knewe no other rule of fauouring men, but vertue: he was in the Church most honourable, and accounted chiefe in succeeding the Apostles, whose life and conuersation was most Apostolicall. Wherefore as the aun∣cients gaue this honour to the Bishops of Rome, for their god∣ly liues, to call them the Apostles successours, so when they found other Bishops who in vertue excelled, they gaue these ti∣tles* 1.149 in as great honour to them, as euer was giuen to the Ro∣mane Bishop. For we finde these titles as much or more giuen to others, then wee can finde giuen to the Romane Bishops. Basill writing to S. Ambrose, saith of him, that he doth hold the* 1.150 sterne of that great and famous ship, the Church of God, and that God had placed him in the primary and chiefe seat of the* 1.151 Apostles. Of the Bishop of Rome, it is hard to finde in all anti∣quity a more honourable title, then this is of Ambrose. Now if S. Ambrose helde the sterne of that ship the Church of God, and if hee sate in the chiefe and highest seat of the Apostles: it must follow, that an inferiour seat was reserued for the Bishop of Rome, as long as Ambrose liued: and that hee was esteemed

the chiefest in Apostolicall succession, who came neerest the A∣postolicall vertues: or that they were 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, presidents a∣like in Christs Church. And throughout all the Epistles of Ba∣sil, wee obserue, that albeit hee wrote often to the Westerne Church, wee finde 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 be∣gan to be espied in the Bishops of Rome: complaining to Eu∣sebius Bishop of Samosata, that the Church could haue no help* 1.152 from the pride and ambition of the West. Then concerning this title, to be called the successour of the Apostles, it was somtimes giuen to the Bishops of Rome, onely in regard of their vertue, godlinesse, and faith which once appeared in those Bishops. And so it is giuen to Ambrose and to other Bishops. In this sense we vnderstand those titles giuen by Sidonius Appollinaris Bishop of Aruern, to diuers Bishops in France in his time. For writing to Pope Lupus (as he calleth him) a Bishop in France, he testifieth that hee had liued 45 yeares in the sea Apostolicall.* 1.153 Insede Apostolica nouem iam decursa quinquennia. And againe to the same man he saith: Pater officium quod incomparabiliter e∣minenti* 1.154 Apostolatuituo sine fine debetur, &c. The same title he gi∣ueth also to Fontellus, another Bishop in France, declaring that therein he greatly reioyced: Quod Apostolatus vestri patrocini∣um* 1.155 copiosissimum conferre vos comperi. And writing to the same* 1.156 Fontellus: Ego quo{que} (saith he) ad Apostolatus tui noticiam acced•…•….

23. Then by this Title Apostolicall, no Iurisdiction will rise to the Bishops of Rome, seeing the same is giuen to others, as well as to them. Neither was there then in the Bishop of Rome any power aboue others, neither in the whole Church was c•…•…∣actiue power found. To prooue this, Eusebius reporteth a Sto∣rie, which we wish to bee well obserued, because it maketh an euident proofe of the Iurisdiction of the Church, which thing wee seeke: The Storie is thus. Paulus Samosatenus Bishop of* 1.157 Antioche, taught that Christ was a meere man. To represse this wicked heresie, a Councell was gathered at Antioche. The Church was then without the helpe of a Christian Magistrate. In chiefe accompt among them that liued in the Church at that

time, was Dionysius Bishop of Alexandria, a man for his great learning and godlinesse much renowned in the Church then, and alwayes since: he was so aged and weake at that time that he could not be present in the Councell, but by writing confir∣med the truth against Paulus the Hereticke. Among them that were assembled there, was Gregorius Bishop of Caesaria, who had the gift of working miracles: in which respect Basil ma∣keth honourable mention of him in diuers places: Dionysius was then Bishop of Rome. The famous Bishops of the East had diuers meetings against Paulus; the last meeting was in the time of Aurelianus Emperour about the yeere of Christ, two hun∣dred seuentie and fiue. At what time Paulus was fully refuted and repressed, especially by the labour, industry, and learning* 1.158 of Malchion: hee was condemned saith Eusebius of all the Churches of Christ which are vnder heauen. After the conui∣ction of this Heresie, the Councell wrote to Dionysius Bishop of Rome; and to Maximus Bishop of Alexandria, (for Dionysius* 1.159 died before this Councell ended, and Maximus succeeded him in Alexandria:) and to all the Church of Christ vnder heauen. The Epistle is extant in Eusebius, and was directed to these Bi∣shops, that by them other Churches might haue knowledge of this thing.

24. After all this Paulus Samosatenus held the Church of Antioche, and gaue no place to Domnus, (whom the Councell excommunicating and deposing Paulus, had decreed should take his place.) The Bishops in this case were driuen to seeke the aide of the heathen Emperour Aurelian; at the suit of the Councell, the Emperour commaunded that the Church of Antioche should be deliuered to him, to whom the Church of Italie and the Bishop of Rome would write. By this it appea∣reth that the Church had no Iurisdiction coactiue: for when the Bishops of this Councell had proceeded as farre as they could, by Ecclesiasticall censures, (against all which censures Paulus held the Church by force) finding that without coactiue power Paulus could not be repressed, and finding no such pow∣er in themselues, they were forced to seeke the Emperours helpe, acknowledging thereby that all coactiue power rested in

the Emperor. Moreouer by this we obserue the beginning of that practise, which afterward drew the opinion of Iurisdiction after it. For the Bishop of Rome had no authoritie then ouer other Bishops, neither did he challenge any. And when some fewe of that Sea, did seeme to pretend some authoritie in mat∣ters of conformitie 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 hea∣then and persecuting Emperours were content for the glory of Italy, to giue this honour to the Church there, and especially to the Bishop of Rome, that other Bishops should find fauour for his sake (as appeareth euidently by this Story, wherein it is re∣corded that the Bishops of that Councell had no meanes to helpe themselues but by the Emperour, and the Emperour not regarding the cause, onely to honour the Bishop of Rome, re∣ferred the matter to him), hence, as reason was, the Churches were compelled to make much of the Bishop of Rome, and to seeke his fauour, without which they sawe the heathen Empe∣rours would not be drawen to doe them iustice.

25. About this time, Stephanus Bishop of Rome threatned* 1.160 likewise to Excommunicate some Bishops for rebaptising of heretickes, but he was repressed by Dionysius Bishop of Alex∣andria. Some also that were excommunicate in Africa, came to Rome to seeke the fauour of Cornelius: who without exa∣mination of the cause, receiued them to the Communion. Of which thing Cyprian complaineth much: they saile to Rome saith he, cum merce mendaciorum. Against this hee declareth,* 1.161 that it was ordained that neither the Bishop of Rome, nor any straunger should be iudge of the causes of their Church. And to Cornelius he writeth thus: Quum statutum sit ab omnibus, & aquum sit pariter ac iustum, vt vniuscuius{que} causa illic audiatur, v∣bi* 1.162 est crimen admissum, & singulis pastoribus portio gregis sit ascrip∣ta, quam regat vnusquis{que} & gubernet, &c. Opo•…•…tet vti{que} •…•…os, quibus praesumus; non circumcursare, & episcoporum concordiam cohaerentem sua subdola & fallaci temeritate collidere, sed agere illic causam vbi & accusatores habere, & testes sui criminis possunt. That is, [Seeing it is decreed by all, and it is a thing both equall

and iust, that euery mans cause should be heard there, where the crime was committed, and a part of the flocke is appointed to each Pastor, which each in seuerall must rule and guide, &c Verily it behooueth that they whom we gouerne, should not gad and run about to others, nor by their crafty and fallatious rashnesse breake in sunder the coherent concord of Bishops: but there ought they to plead their cause, where they may haue accusers and witnesses of their crime.]

26. Thus albeit the Bishops of Rome did seeke some inlar∣ging of their authoritie, sometimes by giuing countenance and patronage to criminous and scandalous men, yet they were re∣pressed and brought into order by the godly and learned Bi∣shops, that then liued in the Church: Who would not suffer the priuiledges of the Church to be lost, or any title of Iurisdiction to grow, where there was no right. Thus for the first three hundred yeeres the Church of Rome had no Iurisdiction ouer other Churches: but the Bishops there were reuerenced by o∣ther, partly for their wisedome, learning and godlinesse; part∣ly because the Emperours fauoured them aboue other: and be∣cause they were Bishops of the chiefe citie and seat of the Em∣pire. For as they had some fauour aboue the rest with heathen Emperours, so they found much more fauour from Christian Emperours; which thing caused them to be regarded by other Bishops, but no Iurisdiction was as yet acknowledged.

CHAP. V.

Of the estate and Iurisdiction of the Church from the end of the first three hundred yeeres, vntill the yeere of Christ, sixe hundred. Wherein is declared that coactiue power was in the Christian Emperors: from whom the Church receiued some parts of coactiue Iurisdiction. The Popes began to seeke Iurisdiction by forgerie.

NOwe let vs consider the times that followed, when the Church had peace from persecution and found the fauour of Christian Emperours. In which time no Iurisdiction will be found in the Church of Rome, aboue other; and all co∣actiue Iurisdiction was acknowledged without question, to bee in the Christian Emperours; from whom the Church receiued some part thereof.

2. Constantine who did as much honour the Church, and was as much honoured of the Church, as euer any Christian Emperour: leauing therein an example, which standeth as yet alone without a match, did notwithstanding take all that to himselfe, which is now called Ecclesiasticall Iurisdiction coa∣ctiue, without any let, or contradiction, nay by the generall ap∣probation of all that then liued. When Caecilianus Bishop of Carthage was accused by Donatus and some other of that facti∣on, for deliuering the holy Scriptures to the enemies of Religi∣on to be burned: Constantine commaunded Caecilianus to come to Rome, with a certaine number of Bishops which accused* 1.163 him, and other that might heare and vnderstand the cause. And commaunded the Bishop of Rome, then Milciades, with* 1.164 certaine Bishops of Fraunce (to the number saith Optatus of nineteene) to heare and end the matter: the Bishops condem∣ned Dona•…•…us, who appealed from the sentence: and albeit the Emperour was much offended at his appellation, yet hee could not choose but receiue it. In all this processe, the Emperours

Soueraigne Iurisdiction appeared, the cause was a pretended crime of a Bishop: the Emperour appointeth iudges, and re∣ceiued the appellation: which things declared Iurisdiction.

3. Likewise after he had banished Eusebius Bishop of Ni∣comedia, and Theognis Bishop of Nice, he wrote an Epistle to the people of Nicomedia, declaring the iust causes of their ba∣nishment, and signifieth that his especiall pleasure and desire is, to haue Bishops, castos, orthodo•…•…os, humanos: and shutting vp his speech, he saith: Quoasi quis audacter inconsulte{que} ad memo∣riam* 1.165 pestium illarum exarserit, illius statim audaeia ministri dei, hoc est, mea exequutione coercebitur. Where we see Constantine vseth coactiue Iurisdiction ouer Bishops, he punisheth them, he de∣clareth the true ground of his Iurisdiction from the word of God, by which warrant he is placed the Minister of God. This is that coactiue Iurisdiction ouer Ecclesiasticall persons, which did alwayes belong to the Soueraigne Magistrate, and was ne∣uer by God giuen to any other.

4. It was alwayes held by all sober writers of the Church of Rome, as hereafter shall be further declared, that in the Church there is no power aboue the power of a Councell. And yet this authoritie of a Councell, so much and so worthily reue∣renced could not restraine Constantine, but he vpon good and iust causes brought the rash proceedings of some Councels to a newe examination. For when Athanasius was wronged by a Councell of Arians, he complained to Constantine. The Em∣perour* 1.166 sent for all the Bishops of that Councell, to render an accompt of their proceedings before him: which declareth that his Iurisdiction coactiue, was aboue the power coactiue of the Councell. For heere we consider onely Iurisdiction coa∣ctiue, and not the matter or subiect: for otherwise wee ac∣knowledge, as before is declared, that the determinations of generall Councels, are matters of an higher truth and authori∣tie, then the Statutes or decrees of any Emperour. But wee speake heere of that Soueraigne Iurisdiction coactiue, which hath alwayes appeared in the power of the ciuill Magistrate, and wherein the Church had no more part, then that she recei∣ued from the liberalitie of godly Emperours: for as Kings re∣ceiue

the knowledge of faith and Religion from the Church, and not the Church from Kings: so coactiue Iurisdiction the Church receiueth from Kings, and not Kings from the Church.

5. There was no Councell held in Constantines time, whe∣ther of Orthodoxe or heretikes, but either by the expresse commaundement, or license of the Emperour. Ruffinus saith, he called the Councel of Nice at the request of the Bishops: Ex sa∣cer* 1.167 dotum sententia apud vrbem Nicaeam concilium Episcopale con∣uocat. Epiphanius saith that Councell was obtained of the Emperour, at the suit of Alexander Bishop of Alexandria. So* 1.168 the Bishops who then liued in the Church, held it to be of the Emperours right and Iurisdiction to call Councels. Theodo∣ret rehearseth a Dialogue betweene Constans the Emperour, and Liberius Bishop of Rome, who afterward for feare and through weakenesse, and irksomnesse of his exile, was drawen to subscribe to Arianisme, as witnesseth Hierom, Ruffinus, Pla∣tina,* 1.169 and other: In that Dialogue these words are worth the no∣ting. Constans willing Liberius to forsake the Communion* 1.170 with Athanasius, and to condemne him; Liberius his answere* 1.171 is, Ecclesiastica iudicia cum summa iusticiae obseruatione fieri de∣bent:* 1.172 quare situae pietati places, iudicium cogi impera, vbi si dam∣nandus Athanasius videatur, sententiam illum ordine modo{que} Ecclesiastico feratur: nam fieri nequit vt condemnetur à nobis, de quo iudicium datum non sit. That is, [Ecclesiasticall iudgements ought to proceed with exact obseruation of iustice. Therefore if it please your Godlinesse, command a Councell to be called, wherein if Athanasius seeme worthy to be condemned, let sen∣tence passe against him in Ecclesiasticall order and manner. For it cannot be that by vs hee should bee condemned, seeing wee haue no authoritie to iudge him.] The Bishop of Rome here confesseth, first, That Iudicia Ecclesiastica, Ecclesiasticall iudge∣ments are to be appointed and established by the Emperour; then he graunteth him Ecclesiasticall Iurisdiction, and granteth, that to call a Councell belongeth to his Iurisdiction. Secondly, the Emperour cannot make a man an hereticke, but this must be done by a Councell or by the iudgement Ecclesiasticall.

This being a thing not of coactiue Iurisdiction, but of know∣ledge in the word of God. Thirdly, the Bishop of Rome re∣nounceth all right and authority of iudicature vpon Athanasi∣us, therefore in those daies hee had no Iurisdiction ouer other Bishops.

6. This mixt Iurisdiction which now is practised by Bi∣shops,* 1.173 began in the time of Constantine. So Nicephorus wit∣nesseth: Constantinus Clericos omnes constitutione lata immunes liberos{que} esse permisit; iudicium{que} & iurisdictionem in eos Episcopis, si ciuilium iudicum cognitionem declinare vellent, mandauit, & quod Episcopi iudicassent, id robur & autoritatem sententiae omnem ha∣bere debere decreuit. That is: [Constantine by an edict graun∣ted the priuiledge of immunity to all Clerkes, and graunted to Bishops iudgement and Iurisdiction ouer Clerkes, in case they would decline from the courts of ciuill Iudges: and he decreed that whatsouer the Bishops iudged, that should stand in all strength and authority of a decree.] Sozomen declareth by what occasion it grew first: For some began then to appeale from ciuill iudgements to Ecclesiasticall, and some Bishops receiued the appellations: which thing being approued by Constantine, gaue great authority to this kind of Iurisdiction. Episcopi (saith* 1.174 he) in causis ciuilibus sententias pronuntiarunt, si qui à iudicibus ci∣uilibus ad eorum autoritatem appellassent. Quam rem propter ve∣nerationem Episcoporum adeò approbauit Constantinus, vt ratas ha∣beri, p•…•…tiores{que} quam aliorum iudicum 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 ciuill causes, if any appea∣ed to them from ciuill Iudges. This thing for the reuerence of Bishops Constantine approued so much, that hee ordained by Law, that these iudgements should be ratified, and of greater authority then the sentences of other Iudges: yea, to be held of •…•…o lesse force, then if the Emperour himselfe had pronounced •…•…hem, so to be executed by the Shriefs & their seruants.]

7 By which it appeareth, that these courts with this Iuris∣diction were vnderstood then, no other then the Emperours courts. The Emperour graunteth this Iurisdiction, saith Ni∣cephorus,

the Emperour ratifieth these iudgements, saith Sozo∣men, the Emperour commaundeth that the sentence of the Bi∣shop should be euery where receiued, as if it proceeded out of his owne mouth. Which words are well to be obserued. For the Emperour commaundeth not, that the Bishops sentence should be receiued as a diuine sentence, but only as an humane: not as proceeding from the mouth of God, but as proceeding from the mouth of the Emperour. Now if these Courts were then so euidently proued to be the Emperours Courts, our ad∣uersaries may acknowledge their owne ignorance & folly, who make declamations and many idle discourses, without solid proofe, against them that call Ecclesiasticall Courts the Kings Courts: as if this were a thing new, strange, and neuer heard of before these late yeares. Their error is that common Sophisme which filleth most of their bookes, which Aristotle calleth 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, compounding & confounding those things* 1.175 which we distinguish, and which are distinct in nature. For in this word of Iurisdiction, they confound these two distinct things, both that which is spirituall Iurisdiction, yeelded by vs the right of the Church, and all that also which Princes haue giuen to Ecclesiasticall Courts: such as these priuiledges which Constantine gaue to Bishops Courts, and other Princes since haue continued and enlarged. If these things be not distingui∣shed, the truth can neuer appeare in this question: by this the Reader may vnderstand, who they are that hide and deface the truth by new varnishing of olde rotten Sophismes.

8 Then all coactiue Iurisdiction came into the Church from the authority of Princes; for as the power of the Church is in∣ternall and spirituall, so externall and coactiue power was the right of Princes. To this purpose Eusebius reporteth a speach of Constantine at a banquet: calling himselfe a Bishop for things externall, as they were for matters internall. His words are these: Vos quidem eorum quae intus sunt in Eccle sia agend•…•…, ego vt∣ro* 1.176 eorum quae extra hanc sunt, Episcopus à Deo sum constitutus. And whereas Iurisdiction is best knowne by appellations, it hath been often seen that frō the Pope men haue appealed to a coun∣cel, as hereafter we are todeclare, but from a councel we find no

appellation to the Pope, but to the Emperor for some personall wrong. Athanasius being vniustly condemned by the Synod of* 1.177 Tire appealed to Cinstantine, as Socrates witnesseth. In like sort* 1.178 Flauianus appealed to the Emperour, when the Synod of Capua had referred his cause to Theophilus, and the Bishops of Egypt. Yea, the heretiques themselues in those dayes knew no means to appeale from the Emperour. Augustine saith, that Donatus* 1.179 did still appeale to the Emperour, being condemned by the Bi∣shops and by Synodes. And so religious were these auncient Bishops, in preseruing the Emperors Iurisdiction, and yet main∣taining the truth without feare: that when they were oppressed by Arians, and by the power of an Arian Emperour, yet they would vse no other meanes, then these direct meanes. And* 1.180 therefore the Bishops hauing a purpose to condemne the Ari∣ans, craued a counsell of Valens, an Arian Emperor, who gran∣ted them a counsell at Lampsacum, wherein they condemned the Arian doctrine. So that without the Emperour they would not gather a counsell, though it were to conclude directly a∣gainst the Emperours purposes. Thus doth Socrates report the calling of that councell: but Sozomen saith, it was not obtained of Valens, but of Valentinian.

9. Besides these publique and generall Synods, there were also some more priuate and particular, in calling whereof the Bishops had power. The Bishop of the Diocesse vsed to call a Synod of his Clergy, but could proceed no farther. Prouinciall Synodes were called by Metropolitanes: but in a generall Sy∣nod of many Nations, the Emperour had alwayes the right of calling it: as a King hath the onely right of calling a Synod, of those Nations that are vnder his gouernment. For as the coun∣sell of Nice was called by Constantine, so were all the counsels of these next three hundred yeares, called by the Emperours that gouerned at such times. Theodosius gathered the councell of Constantinople against the heresie of Macedonius, in the third* 1.181 yeare of his raigne, which was the yeare of Christ 383. saith Prosper. The councell of Ephesus against Nestorius, was gathe∣red by the authority of Theodosius the younger: and the fourth generall councell at Chalcedon, by the authority of Martianus

and Valentinianus Emperours. Leo the first, was a great man in these affaires, and hee is the fittest to certifie vs of the truth, a∣gainst whose witnesse our aduersaries haue no reason to except. This Pope then writing to the Emperour Theodosius, saith: Pi∣etas* 1.182 vestra apud Ephesum constituit Synodale concilium. And af∣terward declaring his obedience and conformity thereto, saith: Meum studium commodaui, vt Clementiae vestrae studijs pareatur.* 1.183 And againe: Ne autem pijssimi Principis dispositioni, nostra videa∣tur* 1.184 praesentia defuisse, fratres meos misi, &c. he hath the same also, Epist. 23. ad Theodosium. Againe, hee writeth to Pulcheria, to* 1.185 moue the Emperour to command a councell to be holden with∣in Italy, declaring that he wrote to the Emperour to intreat the same: Which thing hee moueth also in other Epistles. And though he much desired this, that the Emperour would haue* 1.186 beene intreated to hold a councell within Italy, yet could he not obtaine it, and therefore was ready to obey the Emperour, at∣tending his pleasure therein, who appointed it in another place.

10 Which thing we obserue, the rather because our aduer∣saries oflate haue yeelded this as a proper right to the Pope to call councels. Catholici munus con•…•…andi concilia generalia (saith Bellarmine) ad Romanum pontificem propriè pertinere volunt.* 1.187 And when they are driuen by these open and euident testimo∣nies, they shift it thus: as to say, another may doe it by the* 1.188 Popes consent: but if the Pope neither appoint the place, nor no other by his commaundement or consent, then it is no coun∣cell, but a conciliable. These bee vaine and friuolous shifts of Friars. For it is true, that the Popes consent was to these aun∣cient councels, but no otherwise then as the consent of all other Bishops. They consented because they could not chuse, because they were resolued to be obedient: but they could not appoint either place or time. For Leo could not haue it where hee would, but it was where and when the Emperour appoin∣ted.

11 Before the councell of Chalcedon, there is the Writ of the Emperours Valentinian and Martian, called Sacra: to call Bishops to Nicaea. But another Sacra is sent to reuoke that, and

to call them to Chalcedon. So that all this while the Emperors rule, as those that haue Ecclesiasticall Iurisdiction. They call councels, they punish offenders of the Clergy, they establish Ec∣clesiasticall Courts, they are acknowledged the nourcing Fa∣thers of Religion, the keepers and preseruers of both Tables, and of the discipline of the Church. And therefore Leo writing* 1.189 to Constantinus Emperour, who called the sixt Synod, saith thus: Cognouimus quod sancta & vniuersalis maxima sexta Syno∣dus, quae per Dei gratiam imperiali decreto in regia vrbe congregata est, &c, [Wee know that the holy and vniuersall great sixt Sy∣nod, which by the grace of God is called and gathered by the imperiall decree, in the imperiall City, &c.] And a little after: Pietas vestra fructus misericordiae, potestas custos disciplinae. [Your godlinesse is the fruit of Gods mercy, your power is the keeper of discipline.] And againe: Nec enim minor regnantium cura est praua corrigere, quam de aduersarijs triumphare, quia einimirum potestatem suam seruiendo subijciunt, cuius munere imperare nos∣cuntur, &c. Vnde diuinitus praordinata vestra Christianissima pie∣tas, &c. Caput Ecclesia Dominum Iesum Christum veram pietatis regulam amplectendo, &c. [For Gouernours ought to haue no lesse care to correct vngodly things, then to triumph ouer their aduersaries: for they submit their power to his seruice, by whofe power they are knowne to rule, &c. Therefore your most Chri∣stian zeale preordained of God, &c. acknowledging our Lord Iesus Christ the true rule of godlinesse, to bee the head of the Church.] Wherein the Bishop of Rome doth acknowledge, first, that the generall councell is to be called onely by the au∣thority of the Emperour, imperiali decreto. Secondly, that the Emperours power is such a power, as is custos disciplinae. Hee speaketh here in an Ecclesiasticall cause, and of Ecclesiasticall af∣faires. Now that power which is custos disciplinae Ecclesiae, what is it, but Ecclesiasticall Iurisdiction? This word Iurisdiction was not then worne in such vse as now it is, but we see the auncients vse words counteruailing it. The Bishop of Rome acknowled∣geth Ecclesiasticall power and Iurisdiction to be in the Empe∣rour, when hee yeeldeth him such a power as is preseruer of the discipline Ecclesiasticall. Thirdly, he confesseth that the care of

the Church & Church-gouernment for establishing the truth, doth no lesse belong to the office of a Prince, then to triumph ouer his foes in warre. Fourthly, the Bishop of Rome as then acknowledgeth no other head of the Church, then Iesus Christ as appeareth by his words. To the same purpose Saint Augu∣stine saith, Diuinitus praecipi regibus, vt in regno suo bona iubeant, mala prohibeant, non solum quae pertinent ad humanam societatem, verum etiam quae ad diuinam religionem. Contra Crescentium li. 3. cap. 51. That is, Kings are commaunded to estalish good things, and prohibite euill in their Kingdomes, not onely in things be∣longing to Ciuill societie, but in such things also that belong to diuine Religion. Gregorie the great following the footsteppes of his Fathers, yeeldeth the fame authoritie to the King: For writing to Theodoricus King of France, he saith: Iterata vos per vestram mercedem adhortatione pulsamus, vt congregari Syno∣dum* 1.190 iubeatis. This part of Iurisdiction for calling of Councels, is so fully confirmed to be the Emperours right by the Aunce∣ants, that Cardinall Cusanus (sure no Lutheran) disputing of this priuiledge, concludeth from the confessed testimonies of* 1.191 the Aunceants, these two things: First, That Emperours and Kings by their office must call Counc•…•…ls, Secondly, that their office is likewise by coactiue power, to see the things maintai∣ned and obserued, which are defined in general Councels.

12. Hitherto then haue we found the Soueraigne Iurisdiction alwayes in Christian Magistrates, and neuer in the Bishop of Rome. How then commeth the Bishop of Rome to this pra∣ctise of Iurisdiction, which now he claimeth? Let vs here con∣sider one Pageant of theirs, which will declare the first claime and beginning of Iurisdiction, which they haue so much increa∣sed since. The first attempt was to winne Iurisdiction ouer Bi∣shops, the second was to get the same power ouer Kings, and by that meanes ouer all. These we meane to open, with as much breuitie as we can, and the matter will beare. First then to bring Bishops of other Nations vnder their power, a shame∣lesse deuise was plotted by the Bishop of Rome, discried and reiected by the auncient Fathers that then liued; but yet so closely followed afterward by the Popes, that in the end it pre∣uailed.

I will declare the storie as it is deliuered by their owne writers, who haue collected the tomes of the Councels.

13. The sixt Councell of Carthage was gathered in the* 1.192 yeere of our Lord foure hundred and twentie: against the here∣sie of Pelagius: it lasted sixe yeeres and more. In it were gathe∣red two hundred and seuenteene Bishops, among whom was that worthy Father Saint Augustine, and others of famous note, as Prosper, Orosius, and diuers other of great vertue and lear∣ning. Aurelius Bishop of Carthage, Metropolitan of Affrica was chiefe. In the time of this Councell, three Bishops of Rome succeeding one another, mooued great contention and quarell with the Fathers of this Councell for Iurisdiction, which the Popes then began to claime, affirming that they had Iurisdicti∣on ouer the Church of Affrica, which thing these Fathers of this Councell vtterly denied: the contention began vpon this occasion.

14. Apiarius a Priest of the Church of Sicca, in Affrica,* 1.193 was for his infamous and scandalous life excommunicated not onely by Vrbanus Bishop of Sicca, but by a whole Synode of Bishops met together. This fellow thus censured in Affrica, fled to Zozimus Bishop of Rome, to him he complained of wrong that the Bishops of Affrica had done him, as he said. Zo∣z•…•…mus without examination of the cause, vndertooke to main∣taine him, and admitted him to the Communion. After this vnderstanding, that the Bishops of Affrica were gathered in their Synode, he sendeth to them Faustinus Bishop of Potentia, and with him two Priests, Philip and Asellus. Them hee char∣geth to defend the cause of Apiarius, to cause the Synode of Af∣frica to recciue him to their Communion, to excōmunicate Vr∣banus, Bishop of Sicca, or else to call him to Rome, vnlesse hee will reforme, that is, vndoe all that he had done against Apia∣rius. Further he commaundeth them, to draw the Councell to yeeld to the Iurisdiction of the Bishop of Rome, and to ac∣knowledge it lawfull for any Bishop or Priest, to appeale from the sentence of their Metropolitan to Rome: he commaundeth them also to signifie, that he sent his Legate into Affrica, who might vnderstand the causes of appellants that were grieued.

To effect this thing the better, he chargeth them to declare, that the Nicen Councell hath giuen this Iurisdiction to the Bi∣shops of Rome: for proofe hereof he deliuereth vnto them in writing a counterfeited Canon of the Nicen Councell.

15. Faustinus comming to Affrica with these instructions, and being admitted into the Councell, declared that he had from Zozimus a Commission which he called Commonitorium; and withall he declared the Iurisdiction of the Bishop of Rome, confirmed by a Canon of the Nicen Councell. Aurelius Prosi∣dent* 1.194 of the Councel answered, let this Commission first be read which our brethren haue brought: hereupon Daniel the notary reade, and recited the Commission thus. [Zozimus Bishop of Rome, to our brother Faustinus Bishop, & to our fons, Philip & Asellus Priests: this businesse you know, you are to doe all things as if our presence were with you, nay because it is with you: and the rather seeing you haue both our expresse com∣maund, and the words of the Canons, which for more full as∣surance we haue added to this Commission. For thus (most be∣loued brethren) it is decreed in the Councell of Nice concer∣ning the appellation of Bishops.] (And then forsooth the for∣ged Canon os the Councell of Nice followeth thus.)

Placuit autem vt si Episcopus accusatus fuerit, & iudicauerint congregati Episcopi regionis ipsius, & de gradu suo deiecerint e∣um, & appellasse Episcopus videatur, & confugerit ad beatissimum Ecclesiae Romanae Episcopum, & valuerit audiri & iustum puta∣uerit* 1.195 vt reuocetur examen, s•…•…ribere his Episcopis dignetur, qui infi∣nitima & propinqua prouincia sunt, vt ipsi diligentur omnia requi∣rant, & iuxta fidē veritatis definiant. Quo•…•… si is qui r•…•…gat causam suam iterum audiri, deprecatione sua mouerit Episcopum Roma•…•…ū, vt è Latere suo presbyterum mittat, erit in potestate Episcopi Roma∣ni, quid velit, & quid existimet: & si decreuerit mittendos esse qui presentes cum Episcopis iudicent, habentes authoritatem eius à quo destinati sunt, erit in suo arbitrio. Si vero crediderit sufficere Epis∣copos, vt neggtio terminum imponant, faciot quod sapientissimo con∣silio suo iudicauerit. That is, [We thought good that if a Bishop be accused, and the Bishops of that Prouince haue giuen sen∣tence, and deposed him; if this Bishop seeme to appeale and

flie to the most blessed Bishop of Rome, and desire to be heard: •…•…f he thinke good to reuoke the sentence, it may please him to write to those Bishops which are in that Prouince, that they may diligently search the matter, and iudge it truely. But if he, that moueth his cause may be heard againe, shall by his petiti∣on intreat the Bishop of Rome to send a Legat from his side, it shall be in the power of the Bishop of Rome, to doe what hee thinketh best. And if he decree to send some, who with the Bi∣shops of the Prouince may be present to iudge, hauing autho∣ritie from him, from whom they are sent, it shall be in his plea∣sure. And if he thinke that the Bishops of that Prouince may suffice to end the businesse, let him doe whatsoeuer in his most wise Councell he iudgeth best.]

Before I proceed in this narration, let some things of note bee obserued: First, the Bishops of Rome were now growen from the honest and godly conuersation of their Auncestours, to admirable impudency that durst suborne a Canon of the Ni∣cen Councell, and publish their owne shame, in the sight of the Church then, and leaue an eternall monument thereof to the world, for euer extant in publike Councels. Secondly, the ground of the Iurisdiction of the Bishop of Rome, is forgerie, famously attempted, and famously con•…•…icted at that present time. And yet this practise preuailed mightily afterward, this vnblessed deuise of forgerie, being attempted in a number of decretall Epistles, to drawe in this Iurisdiction, a practise wher∣of no learned Papists can speake or thinke without blushing, and yet such is their miserable captiuitie, that they are willing to make vse of that falshood, whereof they cannot thinke without a secret confession of forgerie. Thirdly, the ingenu∣ous reader cannot but see, and vnderstand the vanitie of the Popes flatterers, who striuing now for this Iurisdiction, would blasphemously draw it from Scriptures, such as thou art Peter, &c. And feede my Sheepe, &c. These Scriptures were first drawen by the forged decretall Epistles to proue the Popes Iu∣risdiction, and are now commonly drawen to the same purpose: but when Zozimus, Bonifac•…•…, and Caelestinus began first to con∣tend for Iurisdiction, they claimed it not frō Scriptures: this de∣uise

was not then found out, but they laid all the cause vpon a forged Canon of the Councell of Nice. So that this is but a late kna•…•…erie of the Popes flatterers, to countenance their newe found Iurisdiction by Scriptures.

16. When this Canon was recited by the notarie, the Fa∣thers of the Councell were much offended and troubled at the absurditie thereof: there were then present some of the best learned Diuines then liuing in the world, they knew well there was no such Canon, they neuer read it in any copies of the Ni∣cen Councell, they neuer heard of this thing before: they resolued therefore not onely to denie the Canon, but to refute the falshood of the Pope so famously, that it might be knowen to all the world, and that the Church afterward might take warning of the Romane ambition: therefore they aunswered for the present, thus: that this Canon was not to bee found in their bookes. And for a more full and sufficient examination of this matter, they would send for the autentike copies of the Nicen Councell, before they could graunt the Popes request. To this purpose they writ a letter to Zozimus, which was pre∣sented* 1.196 to Boniface his successour, and is extant in the Tomes of the Councels.

17. Boniface first receiuing these letters (for Zozimus was dead before they returned) pursueth the claime of Iurisdiction by corruption of the same Canon, and with obstinate and reso∣lute peruersitie maintaineth the falshood begun by his Prede∣cessour. In the meane time two copies autentike of the Nicen Canons were sent to the Fathers of the Councell 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 Fathers vnderstanding the fact, and hauing taken the Bi∣shop of Rome in a flagrant crime, decreed that the true Ca∣nons of the Nicen Councell should be obserued, reiecting this suborned and supposititious Canon. This decree they sent to Pope Boniface: but Gods iudgements hastily following these corruptors, Boniface was dead before it came to Rome, and Caelestinus next succeeding receiued it.

18. Caelestinus as stiffe for this Iurisdiction as any of his pre∣decessours, maintained the cause by the same meanes, resolued with shame ynough to stand for the adulterated Canon: which pertinacy after open conuiction, declareth that the pollicie of the Church of Rome began then to forsake religious courses, and to rest vpon falshood and forgery to obtaine their willes. And therefore it is not to be marueiled, if the truth of Religion afterward for saked them. Apiarius gaue a new occasion to the Pope to worke vpon: for after that this man was receiued vnto the Communion by Zozimus and Boniface, he returned to the Trabacens, where for his foule and scandalous life he was ex∣communicated againe. To recouer this disgrace, he flieth to his onely refuge the Bishop of Rome then Caelestinus, who re∣ceiueth him, admitting him to the Communion; and directeth his Legats Eaustinus, Philippus, Asellus, to Affrica, with a streight charge to draw the Councell to yeeld to the demaunds of his Predecessours: for want of other helpe, hee furnisheth them throughly with impudencie and inuict audacity: for what other vertues were left to maintaine such a cause? The Legats cōming with this Commission, require of the Councell that A∣piarius may be admitted to their Communion, and that they would be content to submit themselues to the Romane Iuris∣diction. The Fathers of the Councell produce the autentike copies of the Nicen Canons, which they had procured from Alexandria and Constantinople: by which the Romane forge∣ry was euidently conuinced. Here began a fresh contention, Faustinus resolued to execute his Commission to his vtmost power, exclaimeth against the Sea Apostolike, against the vio∣latours of the Nicen Canons. The Councell protesteth that they will imbrace all true Canons, that they will yeeld to the Church of Rome all true priuiledges: onely in the lawfull, war∣rantable, and necessary defence of their owne freedome, and of the Churches freedome, they must stand, and therefore could not admit a forged claime without shew of truth. As they were in the heat of contention, the one side striuing to impose the yoke of their Iurisdiction vpon the Church, the other re∣solued

to stand close and faithfull for the freedome of the Church: behold of a suddaine Apiarius the firebrand of this contention, touched by the very finger of God, and drawen to giue God the glory, and so to end this contention; falleth* 1.197 downe on his knees before them all, and confesseth all those crimes to be most true, which were obiected against him: and with humble supplication craueth pardon of the Councell. And so this Tragedy ended.

19. The Fathers of this Councell hauing this experience of the Popes corruption and dishonestie: write to Caelestinus to this purpose. They intreat him not to trouble the Church, by* 1.198 patronising such wicked men as Apiarius: that he would not ac∣cept of appellations, made by such scandalous and condemned men, who would seeke a refuge for their wickednesse at Rome: they declare that the Nicen Canonsderogate nothing from the African Church: that the Fathers of the Nicen Councell sawe* 1.199 with great wisedome, that all suits were to be ended in the pla∣ces where they began; that the grace of the holy Ghost should not be wanting to any Prouince; that if any bee offended hee may appeale to a Prouinciall, or to a generall Synode; that transmaritim iudgments ought not to be admitted, where wit∣nesses cannot be conueniently produced, either for sexe or age: that to send any Legats from the side of the Romane Bishop, is a thing found in no Synode established; that the Canon of the Nicen Councell, by which the Popes claimed this Iurisdiction is not to be found in the autentike copies of that Councell, and therefore falsified. Last of all they admonish him, that hee and his successours must take good heede, Ne fumosum typhu•…•… saeculi in Ecclesiam Christi, &c. That is, that they induce not the smoke of arrogancie to darken the Church of Christ, which Church doth bring the light of simplicitie and the bright day of humilitie to such as desire to see God. Thus write the Fa∣thers of that Councell to Pope Caelestinus; intimating by what meanes, that smoke did begin to rise to darken the Church which is prophesied in the Reuelation, which came out of the bottomlesse pi•…•…t like the smoke of a great furnace. Vpon these* 1.200 reasons they make a decree, to preuent his ambitious desires,

by which decree they forbid all appellations to Rome, or to a∣ny other place from Affrica: it is extant in the Affrican Coun∣cell, and this it is.

Item placuit vt presby teri, Diaconi, vel caeteri inferiores Cleri∣ci* 1.201 causis quas habuerint (si de iudicijs Episcoporum suorum que∣sti fuerint) vicini Episcopi eos audiant. [Moreouer it was thought good that Priests, Deacons, or other inferiour Clarkes, if in their causes they complaine of the iudgements of their Bi∣shops, they shall bee iudged by the next adioyning Bishops, &c.] And a little after, Quod si & ab ijs prouocandum putaue∣rint, non prouocent nisi ad Affricana Concilia, vel ad primates Pro∣uinciarum suarum. Ad transmarina autem qui putauerit appellan∣dum, â nullointer Affricam in Communionem suscipiatur. [And if they appeale from them, they shall not appeale but to the Affrican Councels, or to the Primates of their Prouinces. Who∣soeuer appealeth to outlandish places, shall be admitted to the Communion by none within Affrica.

This was not so much a new decree, as the maintaining of that auncient decreed right, which Cyprian doth mention, testifying that it was decreed euen in his time by all the Bishops of Affri∣ca,* 1.202 Statutum est ab omnibus: that the cause should bee there heard and examined, where the fault was committed. This Canon which was thus established in the Affrican Councell, is for clearing of the truth, and preuenting of these ambitious courses, and claimes of Rome, repeated and confirmed also in the Mileuitan Councell: where Saint Augustine was also pre∣sent.* 1.203 For it must be obserued that the sixt Carthaginian, the se∣uenth Carthaginian, the Affrican, and Meleuitan Councels were held all about this time by the same men: so great was the care and diligence of the Fathers, that by many Councels as it were by so many lights, they might dispell the smoake of the darkenesse, which they saw then rising out of the Church of Rome: which smoake after those times quenched the light, and couered the sight of the Church, as a mist couereth the heauens.

20 Thus did these worthy Fathers dispell this smoke for that time, and reiect the yoake of the Popes Iurisdiction. In all this

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businesse S. Augustine had an especiall hand and head. And as long as he liued, the Popes could neuer preuaile. But the Bi∣shops of Rome hauing thus once cast off all regard of truth and modesty, were resolued to proceed on in this wretched course, and neuer gaue ouer, till at last they obtained their purpose. There is an Epistle of Boniface the second, written after these times, extant in the Tomes of councels, which whether it bee true, or counterfait (as much other stuffe is of this argument) we are to obserue something out of it, because it concerneth this question. This Epistle is intituled, De reconciliationae Car∣thaginensis* 1.204 Ecclesiae, written to Eulalius Bishop of Alexandria: he certifieth the Bishop of Alexandria of great ioy, for as much as the Church of Carthage is now returned, saith hee, ad com∣munionem nostram: and receiueth all our mandates, which by our Legates wee send them. Hee signifieth that supplications must be made to GOD, that other Churches may likewise be brought home to the same obedience. That the Bishop of A∣lexandria must giue notice heereof to all the brethren about him, that they cease not to giue thanks for such benefites of the heauenly fauour. For, saith he; Aurelius praefatae Carthaginen∣sis Ecclesiaeolim Episcopus, cum collegis suis instigante diabolo, su∣perbire temporibus praedecessorum nostrorum Bonifacij at{que} Coelestini contra Romanam Ecclesiam coepit, &c. That is: Aurelius once Bi∣shop of Carthage, began with his colleagues, by the instigation of the diuell, to wax proud against the Romane Church, in the dayes of our predecessours Boniface and Coelestinus. But Eula∣lius at this time Bishop of Carthage, finding himselfe for the sins of Aurelius, cut off from the cōmunion of the Church of Rome, hath humbled himselfe, and sought peace, and the communion of the Church of Rome by his subscription, and together with his colleagues hath by Apostolicall authority vtterly condem∣ned all Scriptures and Writings, which by any wit haue beene framed against the priuiledges of the Church of Rome.

21 Whether this Epistle be forged or not, it commeth 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, then he auoucheth that the holy & worthy mā of God S.

Augustine, with Aurelius, and the rest of his colleagues were stirred vp by the instigation of the diuell, to withs•…•…and this Ro∣mane Iurisdiction. We may the better beare the reproaches of the Romish Sinagogue, when they sharpen their tongues and pennes against the seruants of GOD in our times, seeing they laue done as much against the auncient godly Fathers. For what can the late Popes say more against M. Luther, Iohn Caluin, or any other of the worthies of the reformed Churches, then this Boniface the second saith against holy S. Augustine, that he with the rest of his company were stirred and instigated by the diuell, to stand against the Iurisdiction of the Romish Church? Then when we denie their Iurisdiction, wee denie it with the Fathers: when wee are therefore condemned by the Pope and his Court, we are condemned with the auncient Fa∣thers, with them we suffer, with them we are reuiled, and con∣demned. The goodnesse of our cause, the fellowship of the auncient Saints, the warrant of the truth, is able to support vs against the impotent malice and fury of these men, that haue no other cause to be offended at vs; then their Fathers had against S. Augustine, and the rest of the auncient and holy Fathers, who haue resisted the Romish Iurisdiction, and therein haue left a worthy example to vs, to follow their foot-steps. Thus we see the Popes Iurisdiction was first attempted by forgery, and after∣ward by falshood, and tyrannie effected.

22 Other Churches were afterward in time drawne to the obedience of this Iurisdiction. The Churches of Rauenna, A∣quileia, and Millane, were long after this brought vnder the same yoake by Pope Stephen the third, saith Sabellicus. But* 1.205 Platina saith, that Millaine was drawne to this obedience by Stephen the ninth. If this be true, then Millain stoode out till* 1.206 the yeare of Christ nine hundred and fourty. And thus the quarrell for Iurisdiction was begun by Zozimus, maintained by Boniface, and Caelestinus, but reiected by these Affrican Coun∣cels. The cause was much helped by some that succeeded as Leo, and others. Who though in some things they were de∣ceiued, and by the sleighty and subtill worke of Sathan drawne to doe it, vpon this so much fancied Iurisdiction of Rome: Yet

(as in charity we are to iudge) they were preserued by the mer∣cie of God, from that shamelesse impudency of some of their predecessours, and were content to leaue things as they found them. And so the Church of Rome stoode vntill the time of Gregorie the first.

CHAP. VI.

Of the state and Iurisdiction of the Church, from the yeare of Christ 600. vntill the conquest of England. Wherein is declared how this Iurisdiction was first refuted by the Popes, and after obtained by the succeeding Popes. How the Popes resisted the Emperour, and surprised the Empe∣rours Iurisdiction and lands, and how some Emperours recouer Iurisdiction againe.

NOw we enter into those fatall times of our cap∣tiuity: For wee confesse that our Fathers were by a iust iudgement of God brought into a cap∣tiuity farre greater then the Babilonian. Our Kings, our Bishops, our people, our Church, and all were oppressed. And they that led vs captiues aske vs, where was our Church then? Wee answere, in captiuity. For though the greatest number then followed the pleasures and delights of Babilon, yet among them the true Is∣rael of God remained. And we are able, by the grace of God, to proue a true Church to haue continued in the doctrines of the trueth, vntill God sent in his wonderfull mercy, a deliue∣rance from this captiuity. But this belongeth to another que∣stion.

2 After these times the Iurisdiction of Princes and of the Church, was oppressed by the Pope. But before they came in∣to that great oppression and captiuity, it pleased God, for bet∣ter testification of his truth to all ages, and for the confusion of

this tyrannie gotten and maintained by forgerie; to cause one of the Popes to dispute this question with such zeale and cou∣rage, that it remaineth an euerlasting testimonie against this Iu∣risdiction, and against all his successours. For when Iohn Bishop of Constantinople would haue had this title of Oecumenicall Bishop confirmed to him, Gregory the first (questionlesse the best Pope that hath beene since his time) vseth such reasons a∣gainst Iohn, as are sufficient to proue, that no Bishop hath right to that Iurisdiction which now the Popes claime, and that hee who vsurpeth that place aboue his brethren, is Antichrist. And if the iudgement of Gregory, be sufficient to determine this con∣trouersie, it will follow that Antichrist hath beene raised vp in the Church of Rome presently after Gregory, and hath in the succession of those Bishops sit there euer since: because since the time of Gregory, they haue taken and claimed this title, and thereby so much increased in pride, ambition, and enormous practises against the Church, and against states, that he that cō∣pareth these times with the former, shall finde it another state, then it was in the time of Gregory.

3 And because the Pope now glorieth in this title of vniuer∣sall Bishop, from which title he would draw a Iurisdiction ouer all Bishops, Gregory herein is peremptory, that whosoeuer ta∣keth that title, robbeth Christ of his place and glory. For, saith he: Sub vno capite omnes membra sunt Ecclesiae, sancti ante legem,* 1.207 sub lege, sancti sub gratia: et nemo se vnquam vniuersalem vocari* 1.208 voluit. [All the Saints as members of the Church are vnder one head, the Saints before the Law, vnder the Law, and vnder grace: and no man would euer suffer himselfe to be called an vniuersall Bishop.] This was then the learning of the Church of Rome, that because Christ was the onely head of the vniuer∣sall Church, therefore no man may be. For the deuise which after this the Friars brought in, of caput ministeriale, was then vn∣knowne. The reason of Gregory is well to be obserued: be∣cause euery man is a member of the vniuersall Church, no man can be both head and member of the same. And therefore hee vrgeth this thing often; as namely where he saith: Vniuersa sibi* 1.209 tentat ascribers, & omnia quae soli vni capiti cohaereut, videlicet

Christo, per elationem Pompatici sermonis, eiusdem Christi sibi stu∣det membra subiugare. That is: he seeketh to ascribe all to him∣selfe, and whosoeuer as members are knit to one onely head, that is Christ, he deuiseth by the pride of this Pompaticall title to subdue to himselfe. Thus saith Gregory of him that sought this title of vniuersall Bishop. In many other places he proueth the same: that Christ is the onely and sole head of the Church, and therefore no man can challenge this title of vniuersall Bishoppe, or head of the vniuersall Church. Whosoeuer doth it, must bec that Antichrist that thrusteth Christ out of his place. For it is well to bee obserued, that the reasons of Gre∣gorie against the claime of vniuersall Bishoppe, or head of the vniuersall Church, doe as well and truely refute all these names of pride now chalenged by the Popes, as this which then was chalenged by Iohn of Constantinople. For now these titles are giuen to the Pope as his due stile: Princeps Sacerdo∣tum,* 1.210 Uicarius Christi, caput Ecclesiae, fundamentum Eccle∣siae,* 1.211 pater & doctor omnium fidelium, sponsus Ecclesiae, Episcopu•…•… vniuersalis. All these being titles of the like pride and pompe, are alike condemned by Gregory. Of this title of vniuersall Bi∣shop Gregory saith so much, as might iustly deterre all his succes∣sours from that or any of the like nature. For he calleth it: Vo∣cabulum profanum, vanum, nomen vanitatis, vocabulum peruer∣sum, vocabulum elationis, scelestum, superstitiosum, superbum; Thus in diuers places he setteth out that title, and farther saith that it is: Appellatio nefan•…•…inominis, profani nominis superbia, ap∣pellatio friuoli nominis, vanitas stulti nominis, nomen Pompaticum. By all which termes dispersed in diuers parts of his workes, hee hath declared his zeale against the pride of them that take such names vpon them, declaring that the blasphemy of this name was a proofe, that Antichrist was rising in the Church. For he saith, that hee that taketh this name of vniuersall Bishop, is the fore-runner of Antichrist. For that Antichrist must be Lord of the Clergy, Gregory witnesseth, saying, Sacerdotum ei praepara∣tur exercitus.

4. Now seeing that from these names of pride, they would proue the Popes Iurisdiction: We answer, this proofe is foun∣ded

vpon a rotten and ruinous ground-worke, seeing their aun∣cient Popes haue vpon the same reasons grounded the proofe of Antichrist. After the death of Gregory, Sabinian succeeded, who sate but fiue moneths and nineteene dayes. And then came Boniface the third, who obtained of the Emperour Phocas, that title which Gregory had so condemned. Then and neuer before was the Church of Rome made the head and Mistresse of all o∣ther Churches, and the Pope the chiefe Bishop of all Bishops. This was done in the yeare of Christ sixe hundred and sixe. And this Boniface is accounted the threescore and sixe Pope from Peter, as Caranza noteth. Then we say, that whatsoeuer Gre∣gor•…•…e hath written against Iohn 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 haue enioyed it, & much encreased both titles of pride and power answerable to those ticles.

5. But because Bellarmine would salue vp the wound that Gregory hath giuen to all Pop•…•… after Boniface, let vs briefly consider his shifts, and so proceede. First he saith, that by Gre∣gory his words the Pope should not be Antichrist, but onely prae∣cursor* 1.212 Antichrist•…•…, the fore-runner of Antichrist. Nam praecur∣sor,* 1.213 saith he, non debet esse idem cum eo quem praecurrit, sed longe minor. Si ergopraecursor Antichristi est ille, qui se facit Epis•…•…pum vniuersalem, 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 successours, but his successours encreased that dominion which Boniface began: For they were not onely vni∣uersall Bishops, that is, Lords of Bishops, but they were also Lords of Kings: that is, more then Boniface was: and therefore wee yeeld, that the fore-runner is lesse then Antichrist in his height, and yet we say, that Gregory his words stand both against the one and the other, vnanswered by Bellarmin•…•…. Another te∣stimony of Gregory, he would shift thus. Pariratione (saith Bel∣larmine)* 1.214 cum ait Gregorius: Sacerdotum ei praepar•…•…tur exercitus: non vult dicere Sacerdotes vt Sacerdotes, ad exercitum Antichristi pertinere, sic enim seipsum etiam in illo exercitu collocasset, sed Sa∣cerdotes

vt superbos Antichristo exercitum praeparare. Graunting all true that Bellarmine saith, the wound is not cured which Gre∣gory hath giuen to the proud Popes, and to their proud and lu∣xurious Priests: these falues of Bellarmine are so farre from cu∣ring of the sore, that they make it much worse. Moreouer, Bel∣larmine sometimes would shift it thus, as if Iohn Bishop of Con∣ftantinople, when hee sought to be Occumenicall Bishop, did not meane to be the chiefe of all Bifhops, as the Pope is, but to be the onely Bishop, that there should be no other Bishop in the world but himselfe: so that he would inferre that the thing which 〈◊〉〈◊〉 obtained, was not the very thing which Gregory so lately before, and so hainously had condemned. Wee will therefore out of approued Histories briefly shew, that the ho∣nour which Boniface obtained, was no other thing, then that dishonorable title which Iohn Bishop of Constantinople sought to get, and which Gregory so much reproued & abhorred.

6 And certaine it is, that the thing which Gregory so sharply reproued, was that which Iohn 〈◊〉〈◊〉. Now that Boniface ob∣tained the same thing, they who write thereof, beare sufficient witnesse. Paulus Diaconus saith thus: Hic (Phoca•…•…) rogan•…•…e Pa∣pa* 1.215 Bonifac•…•…o, statuit sedem Romanae Ecclesiae, vt 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 her selfe the chiefe of all Churches.] Then by this testimony wee finde, that Bo∣niface obtained no other thing of Phocas, then that which Iohn Bishop of Constantinople had sought before. Abbas Vspergen∣sis* 1.216 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•…•… Romane Apostolike Church should be th•…•… head of all Chur∣ches: for before this, the Church of Constantinople had writ her selfe the chiefe of all.] Then this thing was graunted by Phoc•…•…s, at the suit of Boniface; and what was granted? no other

thing then Iohn of Constantinople had sought before. Platina witnesseth the same thing: Bo•…•…ifacius à Phoca imperatore obtinu∣it,* 1.217 magna tamen contentione, vt sedes beati Petri Apostoli, quae ca∣put est omnium Ecclesiarum, ita & diceretur & haberetur abom∣•…•…bus: quem quidem locum Ecclesia Constantinopolitana sibi ven∣dicare conabatur. That is: [Boniface obtained of Phoca•…•…, but with great suit, that S. Peters sea which is the head of all Chur∣ches, so should be called and accounted of all: Which place the Church of Constantinople sought to take to her selfe.] Then this was gotten by the importunate suit of Boniface, and he obtained nothing, but that which Iohn Bishop of Constantinople had sought before. And thus the Writers that make any mention of this thing, witnesse without question, that Boniface by impor∣tune 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 condem∣ned as a thing blasphemous, 〈◊〉〈◊〉, preiudiciall to the go∣uernment of Christes Church, 〈◊〉〈◊〉 Christ downe, and rai∣sing Antichrist vp, and therfore vtterly vnlawfull for any Bishop to seeke or to hold. For that herein was included that princi∣pality ouer 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 Bi∣shop of Rome to be the Prince of all Bishops.] And Nauclerus* 1.218 saith: Bonifacius insolentiam Patriarchae Constantinopolitani 〈◊〉〈◊〉 se appellantis, compescuit. Phocas enim Pontisicis suasione, publica, ac ad •…•…niuersum orbem dimissa sanctione, consti∣tuit, vt Rom. Ecclesiae, Romano{que} Pontisici omnes orbis Ecclesiae obe∣drent. That is: [Boniface repressed the insolence of the Patri∣ark of Constantinople, calling himselfe Oecumenicall. For Pho∣cas at the suit of the Pope, ordained by a publique decree, publi∣shed ouer: 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•…•… euident the no shift can help it, no cloake can hide the shame: so that either Gregories workes should haue beene burned for Heresie, or this title of Oecumenicall Bishop, should

not haue beene taken vp by the Popes.

7. And hence is the originall of the Popes Iurisdiction ouer all Bishops, he had once as much Iurisdiction ouer Bishops, as Phocas could giue him. But who gaue him Iurisdiction ouer Princes? That part of Iurisdiction was not then knowen in the world. But after this it crept in, the occasion thereof grewe thus. When the Empire was vtterly decayed in the West, and so weake in the East, as not able to keepe Italy in obedience; though for a time rather by the bare name and opinion of aun∣cient gouernement, then by any present strength, they kept some commaund in Italie by their Exarches abiding at Rauen∣na: Gr•…•…gorie the second Pope, espying this weaknesse, and wat∣ching for an opportunitie to take the Empire at such disaduan∣tage: to driue the Emperour quite out of Italie, vsed the helpe of the Lumbards against him; and preuailed so far that he gaue the Emperors army the ouerthrow in a pitched field: and slew Paulus the Exarch in battell, •…•…ac tempestate (saith Palmerius) inter 'Pontificem & imperatorem maxima discordia fuit: quam ob* 1.219 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 diuisa Italia. In quo bello Antiphari∣um Longobaraorum ducem, auailia Pontifici praebuisse Constat. That is, [At this time a great discord rose betweene the Pope and the Emperour: for which cause first Paul the Exarch was sent to Italy, but he was slaine, and Eu•…•…ychus sent in his place: vnder whom many battels were fought with variable fortune, Italy being diuided. In which warre it is well knowen, that An∣tipharius Duke of the Lombardes did aide the Pope against the Emperour.] Nauclerus declareth that one especiall occasion of this breach betweene Leo the Emperour, and Gregorie the se∣cond Pope, was, that Leo abolished images which were wor∣shipped, and commanded the Pope to do so: wherat the Pope was so inraged that hee drewe all Italie from the obedience of the Emperour. Tantam{que} authoritatem tune habuerunt Romani* 1.220 Pont. decreta (saith Naucl•…•…r) vt Rauennates primi, exinde Venetia, populi at{que} milites, apertā in Imperatorē Exarchum{que} rebellionē pra se tulerint. Ac eo processit rebellio, vt depositis Exarchi magistra∣tibus,

singulae ciuitates, singula oppida proprios magistratus, quos du∣ces apellabant, creare & prasicere eurarent. [Such authority then had the Popes decrees, that first the Rauennates, after that the Venetians did raise an open rebellion against the Emperour and the Exarch. And this rebellion proceeded so farre, that euery city, and euery towne put downe the Exarches, and cre∣ated proper Magistrates to themselues, whom they called Dukes.] Thus fell the gouernment of Italy into so many partes euery one catching what they could, as men vse to doe at a great shipwracke. And the Pope was carefull to prouide that his part should not be the least.

8. When thus the Pope had driuen the Emperour out of all Italie, and by that meanes had drawen Italie into as many Do∣minions in a, manner, as there were great Cities; the strongest began to pray vpon the weaker. Heere began the fire of emu∣lation to kindle betweene the Pope and the Lumbards, for the Lumbards were the strongest part of Italie then, and the Popes part was the second: all other were weake 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 vari∣ance about the deuiding of the spoile. The Pope finding the Lumbards too strong for him, in this parting of the spoile of the Empire; as before hee had vsed the strength of the Lum∣bards, to suppresse the Emperour: so now following the same arte, called Pipin the Constable of Fraunce into Italie, by whose power hee repressed the Lumbards: and compelled Astulphus their King to receiue conditions of peace. Platina saith, that Gregorius chiefe Secretary to the Emperor, did meet Pipin as he came into Italie, and intreated him that if he should ouercome the Lumbards, he would restore the Exarchate of Rauenna to the Emperour, to whom of right, said hee, it belonged, (All that poore right that then he sought to hold in Italie, detained as then by the Lumbards, but presently falling vnto the Popes share) and that he would not yeeld it to the Pope. The aun∣swere of Pipin was, he came into Italie to gratifie the Pope, and that he would helpe him as much as he could. That which af∣ter the victorie fell to the Popes part, and to Rome, was saith

Platina, all that lieth betweene Padus and the Appennine, from Placentia, to the Venetian standing waters; and whatsoeuer is contained betweene the riuer Isaurus and Appennine. Paulus Aemylius saith, all that which before was called Flaminia, wherein was Rauenna, was hereupon commaunded to bee cal∣led Romandiola. The match by negotiation betweene Pipin and the Pope was made thus: that all that which was recoue∣red from the Lumbards, being before parcell of the Empire, should be adiudged to the Pope, and to Rome: and Pipin for his seruice should bee made King of Fraunce by the Pope, and Chilperic the lawfull King should be deposed. All this was accordingly performed; and Pipin was absolued from the Oath of Allegeance, and so were all the Barons and people of France absolued from the Oath of obedience: which before they* 1.221 had taken to Chilperic, or as some call him Hilderic, their King.

9. This Storie I haue briefly set downe, that the ground of the Popes Iurisdiction may be the better obserued: for from such straunge grounds, these Romane Catholikes draw the Popes Iurisdiction, and the parts thereof, as a man of ordinary reason would least suspect: so capricious are they now growen. As for example, from this fact of Pope Zacharie, who absolued subiects from the Oath of Allegeance to their true King; who would thinke that the Popes Iurisdiction could bee drawen? who would not rather iudge that the Popes arrogancy, pride, vsurpation, oppression, corruption might by this be prooued? And yet Augustinus. Anconitanus maketh this fact the onely ground and proofe of his Iurisdiction: we looke for such a Iuris∣diction as Christ left to his Church, we looke for proofes from Scripture: but we find no other Iurisdiction prooued, then the Iurisdiction of Antichrist, opposite to Christs Iurisdiction, and ouer Princes: for proofes out of the word of God, we find no other proofes, then such as are drawen from the Popes rebelli∣on and conspiracie against the auncient Emperours, from their vniust vsurpation, and oppression of lawfull Kings, from an im∣pious power pretending authority to breake and violate oaths, and faith, and Allegeance of subiects. And this manner of

proose is held so strong, that nothing is more common among them then thus to proue Iurisdiction. One of that ranke would after the same maner proue this Iurisdictō by the Popes dispen∣sing against oathes and vowes. For, saith he, [Edward the Con∣fessour* 1.222 had made a vowe to goe in person to Rome, but was dispensed by Pope Leo the ninth, King Iohn sued to Pope In∣nocentius the third, to be dispensed with all for his oath: which he had made to the Barons of England. And Henrie the seuenth procured from Pope Iulius the 2. that notorious dispensation for Prince Henrie his sonne, to ma•…•…ry the Princesse Katherine of Spaine, left by his brother Arthur. Hereupon hee inferreth thus, these alone are sufficient to shew what opinion was held from time to time by the Kings of England, concerning the Popes Soueraigne Supreme Iurisdiction in spiritual matters be∣longing to conscience and directing of soules: thus farre the Romane Catholike.]

10. If this kinde of proofe please them to prooue the Popes Soueraigne supreame authoritie, •…•…hey may haue ynough there∣of. For as Pope Za•…•…harie dispensed with the oath of Pipin, and all the French Barons, and subiects; so doe the Popes since practise this part of Iurisdiction with great feruency or rather surie: they dispense with the oathes of subiects, they raise vp rebellions against true, natural, and lawfull Kings, they aduance vsurpers. This Iurisdiction wee graunt Popes haue practised but with shame ynough, heere is the difference betweene them and vs, betweene an euill cause and a good, betweene impu∣dencie, and confidence in the truth: both they and we bring the same examples, but to contrary ends: they bring these exam∣ples of the Popes practises, to prooue Iurisdiction: wee vrge the same examples to shame the Pope with his Iurisdiction, Let the indifferent and ingenuous reader iudge, whether applie them to the true right and proper end. For let them aunswere vs, if they can, whence the Popes haue authoritie to execute such a Iurisdiction, as they haue neither from Christ, nor from the Princes of this world? For certaine it is that to dispense with oathes, to stirre vp subiects against their naturall Princes; to mooue rebellions: is a power which the Pope hath not re∣ceiued

from Christ, nor from the Princes of this world. From whence then hath he it, let them tell vs, who make it a part of his Iurisdiction.

11. After this, Charles the great, sonne to Pipin, was made Emperour by Leo the third Pope. At this time it appeareth, that the Iurisdiction which by the Emperour before this, was vsually practised vpon 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 conuersation, called him to an examination in a great meeting of Bishops, it was aunswered by a great accla∣mation: Sedem Apostolicam omnium Ecclesiarum caput, à nemine* 1.223 (laico praesertim) iudicari debere. That is, [It is not meet that the Apostolicke Sea, the head of all Churches should be iudged of any man, especiall a Lay-man.] This moued Ch•…•…rles to omit the matter: so soone had they learned to turne this power against the Emperor, which they had some two hundred yeres before receiued from the Emperor This Iurisdiction then by this time had receiued a great change; for in former times, as the inqui∣sition of false doctrines belonged to the care of Bishops, so the examination of the life and manners of Bishops: belonged al∣wayes to the Magistrate. So Solomon deposed Abiathar. So Constantine banished diuers Bishops, and reformed the Clergie. The godly Popes and Bishops in former times yeelded this power to the Magistrate, which God hath giuen him; knowing that euery soule is subiect to them, euen Bishops, euen Popes: yea, Apostles themselues. But now by the fall of the Empire, Papacy rising, and a newe straunge image of the Empire, rising vp in the Papacy, this Iurisdiction was then in hatching, which afterward was brought foorth by a monstrous birth.

12. My purpose is, to note the occasions of alteration of Iu∣risdiction in the Church of Rome; and how the Popes hauing cast off the Iurisdiction of the Ciuill Magistrate, did in time draw to themselues a new forme of Iurisdiction; increasing the same by degrees. For wheras at the beginning as we haue shew∣ed, the Bishops of Rome with others, were vnder the coactiue Iurisdiction of the Ciuill Magistrate: the absence and fall of the

Empire gaue opportunity to the Bishops of Rome to raise thē∣selues. The first beginning of their Iurisdiction, was by getting appeales to be made to them: the enlarging & aduancing of it, was by obtaining the title of caput Ecclesiae, & vniuersall B. The Pope was not called caput Ecclesiae, but the Church of Rome got that title vnder Phocas, the Pope got it by his flatterers long af∣ter. And in the time of Charles the great, they had gotten in one foote farther into this Iurisdiction; for then they began to refuse the coactiue Iurisdiction of the ciuill Magistrate. All this while they were not come to the height and top of thei Iurisdi∣ction, to practise coactiue power ouer and against the ciuill Magistrate, to depose Princes, to raise vp rebellions, to absolue subiects from their faith and alleageance, 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 practises, so we must no lesse haue an eye to the men and meanes, which withstood them in these ambiti∣ous courses.

13 These attempts of Iurisdiction were then most famously withstood, when they were brought to their full hight. For af∣ter that the Popes had begun to stretch their Iurisdiction to the preiudice of Kings and Princes, then began the opposition most to appeare, learned men being stirred vp to write, and through∣ly to examine this question. Whereof my purpose is to speake farther in the last Chapter of this Treatise. Here we will onely note what resistance it found at the beginning, before it was growne vp to that hight, whereunto it came in time. First, wee finde that both Charles the great himselfe, and other Princes and Bishops, haue withstood the Bishop of Rome heerein; and seeking to giue euery one his right, haue giuen many parts of that Iurisdiction, which now the Pope claimeth, to the ciuill Magistrate. For after that Charles had subdued the Lumbards, as his father Pipin had done before him: and besieging Deside∣rius King of the Lumbards, came to Rome from the siege, to know what hee should haue for his trauaile, for recouering S. Peters Patrimonie, as the late Patrimonie of the Emperour fal∣ing to the Pope, then began to be called, (for the Pope had

promised to Charles for oppressing the Lumbards, and recoue∣ring this new Patrimonie, so much desired, so hotely pursued, so dearely bought, that hee should be made Emperour of the West, and the auncient authority and Iurisdiction of the Em∣pire should be restored to him.) For the better effecting of these affaires, Charles hauing set a strong siege about Pauy, and taken order with his Captaines for that seruice; left the siege & came to Rome, bringing with him a great number of Bishops & Ab∣bots, to holde a Synod with Pope Hadrian; and therein by all their industry and knowledge, to finde out what were the true and auncient priuiledges of the Empire, and what was the Em∣perours Iurisdiction confessed. Pope Hadrian receiued Charles honourably, and at his pleasure called a councell. Wherein que∣stionlesse some parts of the auncient Iurisdiction were restored to Charles. For that Synod gaue him power to choose the Bi∣shop of Rome, and in all Prouinces of his gouernment to inuest 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 haue quarrelled against this Story, denying it to be true: which quarrell I purpose to handle and discusse in the next Chapter, in his proper place. Theodoricus de Niem writing of this councell, and of the end and purpose of those that held it, saith, that this Synod was gathered purposely to search out the auncient vses, lawes, and customes of the Em∣pire and Church: that each power knowing their owne limits, the one might not encroach vpon the other. Celebrata est (saith* 1.224 he) ab 153. viris religiosis, Episcopis & Abbatibus, &c. ab vni∣uersis regionibus et oramibus almae vrbis, à cuncto eti•…•…m Clero huius sanctae Rom. Ecclesiae, ex quirentibus vsus, leges, & mores eiusdem Ecclesiae et imperij. That is: [It was celebrated by one hundred and fifty three religious men, Bishops & Abbots, &c. 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 vses, lawes, and customes both of this Church and of the Empire.] Then we see that Charles recouered some part of the auncient Iurisdiction of the Empire. Which notwithstanding since his time, the Popes by inuincible contentions, wrested

from the Emperours, chalenging it to be a part of their owne Iurisdiction, and charging the Emperours with Heresie and Schisme for practising that right, which other Popes before them, acknowledged to bee the auncient right of the Em∣pire.

14 And because to the Iurisdiction of Princes it belonged of olde, both to call councels and to confirme them, therefore Charles did not omit this part of Iurisdiction, though as the e∣uent declared, it was much against the Popes pleasure. He cal∣led a Synod at Frankford, wherein was condemned the doctrine of worshipping of images, which doctrine the Pope had late be∣fore confirmed. The occasion hereof grew thus. Leo Isaurus Emperour, being much offended that the Saracines had that great and iust exception against Christians, that they worship∣ped images: called a Synod at Constantinople, wherein the* 1.225 worship of images was condemned, and the images burned. He sent also to the Bishop of Rome, as then Gregory the second, commaunding him to doe the like, if he would haue his fauour, saith Paulus Diaconus. Gregory the second tooke this in su•…•…h in∣dignation, that he rebelled against the Emperour, and raised all Italy into a rebellion, by which meanes the Emperour lost all that then was left in Italy. Gregory the second, in the middes of these stirres died, and Gregory the third succeeded, who prose∣cuting the purpose of his predecessour, called a Synod at Rome in the yeare seuen hundred thirty three by Sigebert: seuen hun∣dred* 1.226 thirty nine by Palmerius. In this Synod the doctrine of* 1.227 worshipping images was confirmed; Leo the Emperor was ex∣communicated and depriued. Thus began the Pope to practise a new Iurisdiction, in deposing Emperours. After this Constan∣tine sirnamed, or rather nick-named, Copronimus, in the yeare of* 1.228 Christ, saith Sigebert seuen hundred fifty fiue, called a Synod at Cōstantinople, wherein the worship of images was againe con∣demned. But another Synod was held at Rome by Pope Ste∣phen the third, in the yeare of Christ seuen hundred threescore and eight, wherein the worshipping of images was againe ap∣proued. Which was more famously confirmed in the yeare of Christ seuen hundred foure score and eight, by another Constan∣stine,

and his mother Irene, who called the second Nycen Synod, wherein Imagerie preuailed much by the helpe of Pope Ha∣drian.

15. Vpon these stirres, Charles the great was moued to call a Synod at Franckford. Thither sent Pope Hadrian the acts of the second Nicen Synod, to be approued there, and to direct this Synod at Frankford, if they would take any direction from the Pope. But the Fathers of this Synode not regarding the Popes direction, tooke a meane course betweene the Greekes, 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 vp images, but to giue any worship to them, this they held to be vtterly against Christian faith, and to be a thing receiued from the superstition of the Gentiles. This Synod was called and confirmed by Charles the great. Then be∣like the Pope had not gotten all Iurisdiction ouer Kings, which now he claimeth. For the Emperour called Synods: not the Pope. Neither as then had hee gotten Iurisdiction ouer all Bi∣shops,* 1.229 because we see many Bishops were found in Germany, France, Aquitany, and England (for all these Nations Charles nameth in his letter to Elepandus Metropolitane of Tolet, as fa∣uouring and maintaining the trueth against the worship of ima∣ges) which resisted the Pope in this matter: so that his great and soueraigne Iurisdiction was not then established.

16. About this time that most worthy, most religious, and learned King Alfred raigned in England. Aser Meneuensis wri∣ting* 1.230 his life, entituleth him, Omnium Britanniae insulae Christia∣norum rectorem. Which title doth not much differ from that which is now in part giuen to the King: supreame Gouernour of all persons Ecclesiasticall. For whereas at this day the disci∣pline of the Court of Rome, exempteth Clerkes from the Kings Courts, and consequently from the Kings gouernment, it ap∣peareth that in King Alfreds time, this thing was vtterly vn∣knowne to the world: therefore this King is called and acknow∣ledged to bee the Gouernour of all Christians within his do∣minions. Now because Bishops and Clerks were Christians, he was hereby questionlesse vnderstood the gouernour of Clerkes

aswell as of others. As then all forraine gouernement and Iurisdiction was excluded by that title, so nowe there is no other thing sought but in like sort to exclude all for∣raine power and Iurisdiction, whether the Popes or any other. At this time whe n King Alsred liued and raigned, the sense, iudgement, and vnderstanding of the world, was no other; but that Kings were supreme gouernours of all persons and caufes Ecclesiasticall and Temporall within their owne Dominions. Ivnderstand gouernment here, as throughout this question I haue often admonished, gouernment or power coactiue: for this exemption of criminous Clarkes from their Kings Courts, was a thing vnknowen in the world in those dayes. And ther∣fore whereas it is commonly taken by our aduersaries (who vse to begge such principles, as they cannot prooue) that the reli∣gion, sense, and iudgement of the world ranne wholly for the Iurisdiction, which now is practised in the Court of Rome, this wee vtterly denie. For we are able to shew when the sense, iudgement, and religion of the Church, was against them, in euery part of their pretended Iurisdiction. For first whereas the Pope claimeth Iurisdiction ouer Bishops, this is one part of his Iurisdiction, and is now the sense and iudgement of the Court of Rome, but in the times of the sixt and seuenth Carthaginian Councels, of the Affrican, and Mileuitan Synodes: at this time, I say, and alwayes before, the religion, sense, and iudgement of the whole world ran contrary. If any obiect, that these were not generall Councels, but prouinciall: I aunswere, wee vrge not their Canons onely, 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 Christendome, for the Popes Iurisdiction ouer Bishops, and hauing once so famously refuted that Iurisdiction, we take and reuerence their testimonies, which will for euer be held hono∣rable in the Church. Before these times, the religion, sense, and iudgement of the world was not, that any Bishop or Clarke of forraine Prouinces might appeale to Rome, which now is the sense and iudgement of the Court of Rome. The Pope clai∣meth now this Iurisdiction likewise, to depose Princes, to dis∣solue

and vndoe the obedience of subiects; this is now the sense and iudgement of the Court of Rome: but before the time of King Pipin, the sense and iudgement of the world ran alwayes contrary. That the Pope is vniuersall Bishop; and the Church of Rome the head of other Churches, yea, the Pope the head of the vniuersall Church, is now the sense and iudgement of the Court of Rome: but this was not the sense, iudgement, and religion of the Church of Rome before the time of Gregorie the first, as the same Gregorie doth sufficiently witnesse. That cri∣minous Clarkes should be exempted from the Courts of their Kings, is now the practise and iudgement, sense and religion of the Court of Rome; but before the yeere one thousand, this was not the sense and iudgement of the world. That the Pope is aboue a generall Councell, is now the sense, and religion of the present Court of Rome: but it was not the sense and religi∣on of the Church of Rome before the time of the Councell of Trent. In like sort of any part of their Iurisdiction whereof here we speake, we are able to point to the time, when it was not the sense, and iudgement of the Church of Rome.

17. About the time wherein Alfred raigned (who began his raigne in the yeere of Christ eight hundred seuenty two, & died in the yeere nine hundred.) The Popes hauing already intruded vpon the Iurisdiction of Bishops and Archbishops, beganne to make many desperate attempts vpon the Iurisdiction of Kings also: but they were repressed where the Emperours had any power to resist; and though they assumed Iurisdiction o∣uer Emperours, yet they brought not all to an effect. Cran•…•…zi∣us* 1.231 speaking of those times, saith: The Emperour placed a Bi∣shop in Monster: and maruaile not that a Bishop was appoin∣ted by the Emperour; for this was the Custome of those times, when Emperours had power to place and displace Popes: for there was no free election of Chapters, as now: the Apostoli∣call confirmation was not then necessary, for whomsoeuer the Prince did nominate, that man was to be consecrated a Bishop by the next adioyning Bishops. Concerning this Iurisdiction there was a long contention between the Papacie and the Em∣pire, this was the Iurisdiction which the two Henries, the fa∣ther

and the sonne; which the two Frederickes likewise, the Grand-father and the Grand-child, sought long to defend and maintaine: but the sword of the Church preuailed, and forced the Emperours to relinquish their right to the Churches.] By this it may appeare, that before the yeere one thousand, the Popes entred into no great contention with the Germane Em∣perours concerning this Iurisdiction. But as the contentions betweene the two Henrics, and the two Fredericks, and others, did fully open and reueale to the world the Popes purpose for Iurisdiction: so when it was once reuealed and fully knowen to the world; it was denied and oppugned by the men of the best learning, that then liued in the Church of Rome: which thing we are more fully to declare hereafter.

CHAP. VII.

How the Papall Iurisdiction was aduanced from the time of the conquest and somewhat before, vntill the yeere of Christ, one thousand three hundred. The meanes raising that Iurisdiction is declared to be by Forgeries, Friars, Oathes, and the parts of the Iurisdiction, inuestitures, ex∣emptions, lawes imposed, appellation, deposing of Kings, and absoluing their subiects from faith and Allegeance.

IN the time of William the Conquerer, about the seuenth yeere of his raigne, Hildebrand was chosen Pope, named Gregorie the seuenth. This man aduaunced the Popes Iurisdiction to an higher pitch, then euer it was before. Now all that power which was extorted from Princes by such violent practises as Hildebrand vsed, was afterward supposed to belong to the Popes Iurisdiction. And these late Iesuits make no doubt to tell vs, that all came from Christ, and his Apostles: and that it was a thing neuer heard, that Temporall Princes should

meddle in such matters: and that the Religion, deuotion, sense, and iudgement of all men ranne wholly for it. Wee are there∣fore to obserue, how the Popes wrested Iurisdiction from tem∣porall Princes. This thing will appeare better, if we take a sur∣uay of these times, and of the meanes and parts of that Iuris∣diction, which wee finde chalenged by the Popes in these ages.

2. At this time the Popes began first of all to striue for inue∣stitures. Pope Gregory the seuenth began this contention with Henry the fourth Emperour: which was the occasion of great warres and blood-shed through Christendome, especially in Germany. I will for the better vnderstanding of these procee∣dings, with breuity and fidelity report, out of the stories of this time, in what state the Church of Rome then stoode. In the* 1.232 time of Henry the third Emperour, the Court of Rome was pe∣stered with a sort of men, infamous & prodigious: who taught Necromancy, practised poisoning, set vp, as it were a schoole of vnlawfull Arts, abominable to God, and pernicious to men. One chiefe of this profession was Theophilactus, which was af∣terward Pope Benedictus the eight, called Benedictus the ninth. This Theophilact was Master to Hildebrand in his Art Magick, who for his better furtherance in that knowledge, was also in∣structed by Laurentius the Malfilan Archbishop, and by Iohn the Archpriest of S. Iohn de porta latina. This Theophilact gaue himselfe wholly to the sacrifices of deuils, with his complices and schollers, as he had beene i•…•…structed by Gerbertus, which was Pope Syluester the second. By these Masters and meanes Hildebrand aspiring to the Papacy, ioyned himselfe in a strict league with one Brazutus, who poisoned sixe Popes in the space of thirteene yeres: their names mine Author setteth down in order thus. Clemens (this was Clemens the second) Damasus* 1.233 2, Leo 9, Victor 2, Stepha•…•…us 10. Benedictus (this Pope escaped the poison, but was cast out by force and cunning of Hilde∣brand) Nicholaus 2. Thus he practised to make way for him∣selfe to the Papacy, by poisoning all that stood in his way.

3. For redressing of these enormities Henry the third Em∣perour, was entreated by the religious sort of Cardinalls, to

purge the Church of this hellish rabble, that thus pestered it. The Emperor being drawne to seeke some reformation of these disorders, because many Popes vsurped the Papacie at once, he draue Theophilact to flight: Gregory the sixt, he shut vp in prison, and after that exiled him: he caused the Bishop of Sabinum to relinquish the Papacie, and returne to his owne sea: and he set vp Pope Clement. Hildebrand was commaunded to goe into banishment with his Master Gregory the sixt. This Gregory dy∣ing in banishment; Hildebrand (as the same Author saith:) Per∣fidiae simul & pecuniae •…•…ius haeres extitit. That is: [Was heire both of his perfidiousnesse, and of his money.] The Emperours pa∣tience, pitifull and too gentle nature is touched by the same Author: Nimia pietate deceptus, nec Ecclesiae Rom. nec sibi, n•…•…c generi humano prospiciens, nouos Idolatras nimis laxè habuit. That is: [His gentle nature deceiued him, for he gaue too much li∣berty to these new Idolaters, neither prouiding well for the Church of Rome, nor for himselfe, nor for mankinde.] To make short: Hildebrand attaining a release from banishment, came to Rome, and there falling to his olde practise, stroue to make Brazutus Pope, of whose friendship he was assured; their mutuall familiarity being confirmed by many odious and blou∣die practises. This is that Brazutus, by whose meanes sixe Popes were poisoned, as wee haue declared. But Hildebrand perceiuing that the Emperour and the Cardinals were wholly auersed from a man so infamous, and odious: set vp Alexander the second. Who perceiuing himselfe set vp against the Empe∣rours will, professed that hee would not keepe the place, with∣out the licence and fauour of the Emperour. For this thing he was well beaten and buffeted by Hildebrand, who ruled all, and receiued the reuenewes 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 electio∣ne nullus Cardinalium subscripsit. That is: [At the same instant by Souldiers, without the assent of Clergy or people: none of the Cardinals subscribed to his election.] Nauclerus d•…•…clareth an vngratious 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 fune∣rall* 1.234 of the former Pope, of a suddaine a cry was raised among them, that S. Peter had chosen Hildebrand for Pope. That this man may better be knowne, I will set downe the iudgement of a Councell gathered at Brixia, consisting of a great number of Bishops and Abbots, out of Italy, Germany, France. These Pre∣lates meeting in a publike Synod together, pronounce Hilde∣brand* 1.235 to be, Falsus monachus, magus, diuinaculus, somniorum* 1.236 prodigiorum{que} coniector, male de religione Christiana sentiens. Pri∣mus omnium (say they there) Pontificatum maximum contra mo∣rem maiorum, inuitis omnibus bonis emit, &c. ius humanum diui∣num{que} peruertit, falsa pro veris dooet, sacrilegia, periuria, menda∣cia, homicidia, incendia, veluti benefacta indulget, collaudat, ad haec perpetranda classicum canit, &c. Suauis homo Sacerdotes qui vxo∣res habent legitimas, sacrificos esse pernegat, interim tamen scorta∣tores, adulteros, incestuosos aris admouet. [A false Monk, a Ma∣gitian, a Witch, a South-sayer by dreames and ostents, one that thought corruptly of Christian Religion: the first that bought the papacie against the custom of his auncestours, against the good will of all good men: he peruerteth all right humane and diuine, teacheth falshood for trueth, he fauoreth and commen∣deth as things good and iust thefe things, sacriledges, periuries, lies, murthers, burnings, he exhorteth and incourageth men to these outrages; a sweet companion that denyeth preists that haue lawfull wiues to say Seruice, but admitteth whoremon∣gers, adulterers, incestuous men to the Sacraments.] This is the iudgement of a full Councell against his vnholinesse: as A∣uentinus and Naucler report.

4. This is the man that began the contention for Iurisdicti∣on with the Emperour Henrie the fourth. Tali dedicatore dam∣nationis* 1.237 nostrae etiam gloriamur: qui enim s•…•…it illum, intelligere po∣test non nisi aliquid bonum grande ab Hildebrando damnatum. For of him wee may iustly vse the fame words in the cause of Princes, which Tertullian vseth of Nero in the cause of Christi∣ans. Hildebrand being made Pope began to moue many con∣tentions with the Emperour, then being Henrie the fourth: one speciall quarrell was for inuestitures. For whereas before that

time the auncient custome of the Empire was (saith Naucler)* 1.238 that when a Bishop was dead, the chapter vsed to send a ring and the pastorall staffe to the Emperour, which the Emperour deliuered to him whom he appointed Bishop of that place: this auncient priuiledge of the Empire Hildebrand would not in∣dure, and therefore calling a Councell at Rome, of one hundred and ten Bishops, he cursed Henrie the Emperour: and all Bi∣shops that receiued inuestiture at his hands, or any other Lay∣men. In this Councell he remooued married Priests from Di∣uine Seruice. But before he proceeded thus farre, he sent first to the Emperour, warning him to remooue all Symoniacall Bi∣shops from their places: the good Emperour either supposing that this might proceed from an honest zeale, or willing to de∣clare that in him there should bee no want in reforming, did accordingly thrust out all such as were suspected of Symonie from their Bishoprikes: but behold, Machiauell set to Schoole. Hildebrand hauing made all these Bishops thus hatefull to the Emperour, and hating him: presently restored euery man to his place againe; and to binde them sure to himselfe against the Emperour, tooke an oath of them all, as mine author saith: Quos regi infestos reddiderat, eos sibi familiari amiciria ŕeconcilia∣bat;* 1.239 & multis & magnis iuramentis sibi fidos & obnoxios effici∣ens, prae alijs exaltabat. That is, [When he had once made them to hate the Emperour, then he reconciled them to himselfe in familiaritie, and hauing made them so obnoxious to himselfe, bound them by many and great oathes, to be true to him; these he preferred aboue all other.] Giuing the best preferments to them.

5. Hauing thus by subtiltie spoiled the Emperour of his friends, of a suddaine without any lawfull accusation, without Canonicall citation, without Iudiciall order; he thundreth out an excommunication against him, depriueth him, absolueth his nobles and subiects from their oath of Allegeance. Whilest he denounced this straunge sentence, the Pue wherein he sat, be∣ing made saith Cardinall Beno of new and strong timber, of a suddaine, brake in peeces. Hildebrand thus triumphing ouer the Emperour, began to depose all such Bishops as had receiued

inuestitures frō a Lay-hand: of this right of inuestitures we shall speake in fit place. First, let vs take a viewe and suruey of that Iurisdiction which wee finde practised in this age, and of the meanes whereby the Pope attained thereto. If first we consi∣der the meanes which were vsed for the winning hereof, the Iurisdiction will bee more apparant, and better knowen: which Iurisdiction wee will also declare by the seuerall parts and braunches thereof, so farre as we are able to vnrippe them.

§. I. Of the Forgeries whereby this Iurisdiction was first challenged.

6. THe Popes and the Court of Rome, perceiuing well how much it made for the aduancement to that Sea, if they might be secured for the right and title to this Iurisdiction which they purposed to challenge and practise: And vnder∣standing that none would beleeue that they had any right to it, vnlesse they shewed some antiquity for it: finding also that they wanted Scriptures, & the testimonie of the ancient Church: be∣gan a most desperate and vile practise, to forge antiquities, de∣uising certaine writings, & fathering the same vpon the ancient Bishops of Rome; all was to make some shew and title to this Iurisdiction, whereof they were so much inamoured. In our dayes there is lesse feare of daunger from these forged Epi∣stles, because they haue bene throughly examined and refuted by many learned men, as Ma•…•…silius Patauinus, Laurentius Valla, Antonin. Archiep. Florent. Nicholaus Cusanus, Aenaeas Siluius, Hieronymus Paulus Catalanus, Raphaell Volateranus: all before Master Luther. In so much as the learned Papists are ashamed of this stuffe, and cannot denie the Forgery: but when first they were deuised, (whether by Anastatius Bibliothecarius, as some iudge, or by some other trusty Champion of the Court of Rome) they carried the world then into such an illusion, that we may well iudge, it proceeded from the deepenesse of Satan in subtiltie and falshood, and was receiued with wonderfull

simplicitie and ignorance of that age. For when the fatall time was come that Antichrist must send vp that smoak, wherwith∣all the truth was darkened: then fell such a iudgement vppon the world, that together with the darkening of Scriptures: learning, knowledge, and iudgement was decayed, and they did with greedinesse beleeue lies and forgeries, who could not examine the truth. Then began they to publish new decretall Epistles, vnder the names of Clemens, Anaclet, Euaristus, Sixtus, Telesphorus, Higinus, Pius, Anicetus Soter, Eleutherius, Victor: and many others. In whose names, certaine Epistles are fra∣med to claime this Iurisdiction, but so absurd, the stile so vnfit∣ted to the ages wherin these Bishops liued, that the learned Pa∣pists themselues blush at the forgerie. The argument of all these Epistles is in a manner one and the same, all plead for Iurisdicti∣on: and if this question might be determined by these testimo∣nies, then should they obtaine their Iurisdiction without con∣trouersie. The things which are most of all handled and repea∣ted therein; are, the Primacie of the Pope, the power and au∣thoritie of the Church of Rome; exemption of Clarkes, and ap∣pellation to the Sea Apostolicke: these are the things handled and repeated ouer and ouer. The proofe for all, is fet from, Tues Petrus & super hanc petram, &c. And pas•…•…e oues meas, and ora∣ui pro te Petre: and such like deprauations of holy Scriptures.

7. Heere is the true ground of their Iurisdiction, 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 practises measured the mindes of Popes in charitie, by their owne: who would euer haue thought so basely of Popes, that they would haue entred into such di•…•…o∣nest practises? Therefore this Iurisdiction was by many recei∣ued, because they suspected no falshood, in such as should haue beene examples of vertue and godlinesse. But when the know∣ledge of good learning was raised againe, then began these E∣pistles to be examined, and were found such as they are. Bel∣larmine speaking of these Epistles, though glad he would be to maintain them if he knew how, yet dares not denie them to be* 1.240 forged. Nec indubitatas esse affirmare audeam: saith he. But if

you dare not auouch them to be vnforged: why then dare you auouch that Iurisdiction of the Pope, of which the world neuer tooke knowledge, before these Epistles had deuised proofes for it? And why dare you make vse of such forgeries? For Bel∣larmi•…•…e confessing that he dare not iustifie them from suspition of forgerie: yet laboureth to take vse of them, as pretending that they are auncient: as though antiquitie in falshood could helpe? Or as if a robber and murtherer being taken in the manner and not able to iustifie his action, should plead that Barrabas was an auncient robber and murtherer; and thinke to helpe himselfe by that plea. And because vpon this rotten foundation the Popes Iurisdiction is builded: let vs obserue some of the best and most substantiall proofes for Iurisdiction, out of these forged Epistles.

8. Anaclet is made to say thus for the priuiledges of the* 1.241 Church, such priuiledges as exemption of Clarks, and such like as were introduced after the yere one thousand. Priuilegia Ec∣clesiarum & sacerdotum, sancti Aposteli iussu saluatoris intemerata & inuiolata omnibus decreuerunt manere temporibus. That is, [The priuiledges of Churches and of Priests, the holy Apostles decreed that they should remaine inuiolated for all times. For Iurisdiction, he saith, Quodsi difficiliores ortae fuerint questiones,* 1.242 aut Episcoporum vel maiorum iudicia, aut maiores causae fuerint, ad Apostolicam sedem si appellatum fuerit, referantur: quontam A∣postoli hoc statuerunt iussu saluatoris, vt maiores & difficiliores que∣stiones semper ad sedem deferantur Apostolicam, super quam Chri∣stus vniuersam construxit Ecclesiam, dicente ipso Petro: tu es Pe∣trus & super hanc Petram aedificabo Ecilesiam meam. And a∣gaine, Summi sacerdotes, id est Episcopi, à Deo sunt iudicandi, non•…•…* 1.243 ab humanis aut prauae vitae hominibus lacerandi, sed potius ab om∣nibus fidelibus portandi. This is often repeated that scandalous Clarkes must not be accused; yea, though one of them should liue most inordinately: Licet sit inordinatus, quia pro merit is sub∣ditorum* 1.244 disponitur à Deo vita rectorum. For proofe these Scrip∣tures are brought, qui vos tangit, tangit pupillam oculi mei, & no∣lite* 1.245 tangere Christos meos, & in prophetis meis nolite malignari. From this deepe Diuinity Thomas Becket resisted Henrie the se∣cond,

and would not suffer the King to execute iustice against robbers, fellons, murtherers, practisers of Treason, if they were Clargie men: he defended them by these Scriptures, as we shall declare hereafter. This witch-craft came from Rome, and from these forged Epistles. Anaclet saith again, Haec sacra sancta Ro∣mana,* 1.246 & Apostolica Ecclesia, non ab Apostolis sed ab ipso domino saluatore nostro primatum obtinuit, & eminentiam potestatis super vniuer•…•…as Ecclesias: and to proue all, this is alleadged, Tues Pe∣trus, &c. Another saith, Si quis vestrum pulsatus fuerit in aliqua* 1.247 aduersitate, licenter hanc sanctam & Apostolicam appellet sedem, & ad eam quasi ad caput suffugium habeat. And another, Iudi∣cia* 1.248 Episcoporum maiores{que} Ecclesiae causae, a sede Apostolica, non ab alia (sicut Apostoli & sancti successores eorum statuerunt) cum alijs Episcopis sunt terminandae. And to proue that scandalous men of the Clargie should not be punished or examined by Lay-men, this reason is often repeated in diuers Epistles, that if since the Apostles times that course had beene taken to punish such, then few or none should now haue beene left aliue in the Clargie: which is a secret confession that all the Clargie of the Court of Rome were at this time of euill and scandalous life and conuersation. Marcellus as writing to Maxentius the ty∣rant* 1.249 is produced to say thus: Synodum abs{que} huius sanctae sedis authoritate Episcoporum (quanquam quosdam Episcopos possitis congr•…•…gare) nonpotestis regulariter facere, ne{que} vllum Episcopum qui hanc appellauerit apostolicam sedem damnare, autequā hinc sen∣tentia defintiua proccdat. These and such like are their grounds of Iurisdiction, which need no refutation; for absurdities carie alwayes their owne bane in themselues: this is refutation y∣nough for such things to make those things well knowen.

9. These testimonies for Iurisdiction drawen from these forged Epistles, may giue vs occasion to obserue. First, that the Bishops of Rome haue long & greedily gaped after this Iurisdi∣ction, & to obtain their purpose herein haue made no bones at forgerie. As first they attempted that forgerie of a Canon of the Nicen Councellin Saint Augustines time, but were then re∣pressed: so the diuell to bring them to greater shame, mooued them afterward to greater forgerie in deuising so many decre∣tall

Epistles, to establish this Iurisdiction by this shamelesse at∣tempt, which by other direct meanes they could not doe. Se∣conly, so greedily are they set vpon this purpose, as men blin∣ded* 1.250 with affection, that they consider neither manner, nor mat∣ter, nor coherence: onely the impotent loue to this Iurisdiction carrieth them through thicke and thin: as in many things may be obserued. I obserue onely that which toucheth our questi∣on, for in these Epistles this Iurisdictiō of the Church of Rome, and appellation to that Church is maintained as from the insti∣tution of Christ himselfe, out of these words: Tues Petrus, &c. Now these Epistles must be supposed to be written long before Saint Augustines time, when Zoz•…•…mus, Boniface, and Caelestinus, claimed the same Iurisdiction by the forged Canon of the Ni∣cen Councell: for before those times these Bishops liued, who are deuised the authors of these Epistles. If these Epistles had then beene extant, why did not the Popes claime their Iurisdi∣ction by these testimonies, which were supposed to be written so long before the Canons of the Nicen Councell? What nee∣ded they to haue forged a Canon, if they had so faire euiden∣ces to shew? And why did they claime it by a Canon of the Councell, when they might haue laid their claime directly from the commaundement of Christ?

10. But if these Epistles were not then extant (as certainely they were not) why should any credit bee giuen to things so manifestly forged? Why should any claime be made to Iuris∣diction vpon such false grounds. Thirdly, we obserue also the* 1.251 cursed obstinacie and affected blindnesse of the learned Papists, Bellarmine and such who know well that these Epistles are for∣ged, and▪ confesse it: knowing that this Iurisdiction of the Pope was neuer claimed iure diuino, as from Christs owne insti∣tution, before these Epistles by forgerie inuented that claime: are so bewitched in the seruice of the Pope, and in this question of Iurisdiction, that against learning, iudgement, conscience & all, they hold this Iurisdiction to be iure diuino, in the grossest sort; & maintaine it no otherwise then these confessed forgeries haue taught them, by those deprauations, corruptions and de∣tortions of Scriptures, Tues Petrus, and such like. An indiffe∣rent

man would thinke, that either they should not confesse these forgeries; or confessing them, they should hate and ab∣horre these grounds of Iurisdiction, which onely the forged E∣pistles haue deuised from Scripture. Fourthly, by this we may* 1.252 looke a little farther into the deepenesse of Satan, and behold how the Popes Clarkes lie plunging for Iurisdiction.

11. For the Councell of Trent being awaked at the prea∣ching of Master Luther and other, and finding that the corrup∣tions which were brought into the doctrines of the Court of Rome could not bee mainteined by Scriptures, being directly repugnant thereto: deuised a very foule shift, to maintaine all by vnwritten traditions. And for this purpose enacted a* 1.253 Canon, that the traditions of the Church of Rome, must be ho∣noured and imbraced with the like honour and reuerence, as the holy Scriptures are honoured. Therefore they deuise the word of God to be either written in Scriptures, or vnwritten in Traditions, which vnwritten Traditions they reuerence for Gods word, no lesse then the holy Scriptures themselues. And if you aske, how shall men trie true Traditions, they aunswere there is no better triall then the iudgement of the Church of Rome. Ex tcstimonio huius solius Ecclesiae sumi potest certum ar∣gumentum ad probandas Apostolicas Traditiones. By these prin∣ciples,* 1.254 if they might once haue them graunted, they thinke themselues able to conclude any thing, to delude the holy Scriptures, and to set vp prophane, and Barbarous forgeries in place of holy Scriptures. For if wee denie this pretended Iuris∣diction, they will aunswere that it is grounded vpon the word of God: if we demaund, what word they haue for it? They tell vs: Tu es Petrus, &c. and such like. If wee say the sense and meaning of those Scriptures doe no way maintaine that Iuris∣diction, the auncient Fathers neuer expounded them so: that that sense was neuer drawen from these Scriptures, before these forged decretall Epistles deuised it. To this they will say, they take that sense of Scriptures, which the Church of Rome ta∣keth, and the Pope, who onely hath authoritie to giue the sense of Scriptures. The summe and conclusion of all, is this: the Traditions of the Church of Rome, are to be honoured and re∣uerenced

with the same honour as the holy Scripture: but these filthy, forged, and corrupt Epistles containe the Traditions, yea, are the Traditions of the Church of Rome: therefore these fil∣thy forgeries of corrupt men, are to be honoured, and reueren∣ced as the holy Scriptures.

12. Now though some men vnlearned may be caried away with this vaine shew of Traditions, yet wee see not how their learned men can plead ignorance, or excuse, who know that those expositions of these Scriptures, were first forged in the decretall Epistles: these be their Apostolicall Traditions, these be matched with holy Scriptures. I appeale to the conscience of any Papist that either is, or would bee esteemed learned: whether these Epistles be not forged, in his iudgement? And whether the ground of their Iurisdiction be not hence drawen? And whether this Iurisdiction which in these Epistles is main∣tained, concerning appellation: was not repressed, and vtterly denied by Saint Augustine, and the rest of those auncients in the Cartheginian, Affrican, and Mileuitan Councels? Perhaps it is not hard for a man of a leaden heart, and a brasen forehead to rush through these difficulties after the Romane Catholike ma∣ner without blushing; but let a man in humility and good con∣science, set himselfe to seeke the truth herein, and to giue God the glory, and it will bee impossible for him to wrastle out of these nets, but by confessing the forgerie, and reiecting the Iuris∣diction forged.

13. Moreouer that it may it further appeare; that this Iurisdi∣ction is esteemed all in all, and more then all by these men: and that all other parts of their religion, are not so deare to them, as this: we may further obserue, that as the Pope ouer-ruled the Councell of Trent, so the thing that swayed the Pope, and for∣ced him to resolue vpon this course which now is established by the Court of Rome, in the Councell of Trent, was onely the feare of loosing, and care of maintaining this Iurisdiction. For before the Councell of Trent (which thing we shall hereafter by Gods helpe more manifest at good opportunity) the Church of Rome stood so indifferently affected in the chiefe points of re∣ligion: that if the respect and practise of the Pope had not

misled them, it may bee well iudged, they would haue beene more ready to assent to the conclusions of Master Lut•…•…r, and Iohn Caluin, then to those that are established in the Councell of Trent: so indifferent stood the world before that Councell. For after that time that they had begun to challenge this Iurisdi∣ction, & before the Councell of Trent, the Popes were alwayes afrighted at the name of a generall Councell; as Paul. Iouius winesseth, otherwise a flatterer of the Popes: for he saith thus.* 1.255 Id vnum concilij nomen supra caeteros insaelices humanarum rerum casus, maximo terrori Pontificibus esse consueuit. That is, [The onely name of a Councell, more then all other humane incident miseries is wont to be a great terrour to Popes.] He giueth the reason there, why the Popes were so much afraid of Councels, because saith he, in them questions of faith & religion are inter∣preted, & the Popes Iurisdictiō censured & curbed. Ad castigan∣dam* 1.256 sacerdotum luxuriam censorias leges condunt, ipsi Pontificices Pontificio iur•…•… 〈◊〉〈◊〉 ei•…•…rare suprema•…•… dignitat•…•…, se{que} de∣mum Pontificatu abdicare coguntur: hoc metu armati reges, Pon∣tifices terrent. That is, [Councels make lawes to chastise the luxuriousnesse of Priests. The Popes themselues circumuented by the Popish law are compelled to resigne the Suprea•…•…e dig∣nitie, and to relinguish the Papacie.

14. So that before the Councell of Trent the Soueraigne Iu∣risdiction was neuer held to be in the Pope, seeing the Church being gathered together in a Councell did vse to exercise Iuris∣diction vpon the Popes. For if the Popes were wont so much to feare and flie a generall Councell in regard of censur•…•…ng and inhibiting their Iurisdiction; then must these conclusions fol∣low: That the Councell of Trent was not a generall Councell, because the Pope was not afraid of it: that the Popes them∣selues did acknowledge, that the Iurisdiction of a Councell was aboue their Iurisdiction: for otherwise why should the Pope be afraid of a free Councell? So that if the Councell of Trent had beene like to those Councels which the Popes did so much feare; it might haue giuen as good satisfaction to true Christi∣ans, as now it doth to the followers and flatterers of the Court of Rome. And before that Councell, there was great hope that

it might haue bin so. For the minds of al good men were maruei∣lously prepared to peace, and to a mutuall consent. And for the points of doctrine, if the Friars and such as were by them infe∣cted, had not troubled all, the truth might haue preuailed. For Cardinall Contaren made a good preparation to the doctrine of* 1.257 iustification: which being the greatest point in controuersie, is handled by him conformable to the doctrine of Luther & Cal∣uin, and directly against that which was concluded in the Coun∣cell of Trent: this he wrote in the yeere one thousand fiue hun∣dred fourtie and one, a little before that Councell. The Car∣dinall therein teacheth nothing, but that which was before him the knowen doctrine of the Church of Rome: from which be∣cause the Councell of Trent swarued, therefore they made the separation, and not we. This wisdome and moderation of Car∣dinall Contaren and others of that side, gaue great hope to Ma∣ster Bucer, and some other of this side; to labour for an agree∣ment and mutuall consent: and assuredly there was great reason to hope it. For if the rest had beene of that spirit and moderati∣on which Cardinall Contaren, Georgius Cassander, Iohn Ferus, Master Antonius Flaminius, Espencaeus and many others, a mutu∣all consent would haue beene obtained. But will yee haue 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 moe might haue beene drawen: but there was another thing which crossed all peacea∣ble purposes; this was the Popes Iurisdiction. If it had not bene for this Iurisdiction, the doctrine of Luther might haue beene easily granted: for what taught he, which was not before him taught in the Church of Rome? I graunt that the contrary was also taught by Friars: for in the Church of Rome before the Councell of Trent, some taught after the manner of the new de∣uised doctrines which Friars brought in: others taught the truth preseruing the auncient doctrines in most points, till that time, as by their writings extant appeareth. So that if the Councell of Trent had beene indifferently chosen of learned men then liuing: and if their voyces had not bene forced and forestalled by an oath of obedience to the Pope, and to satisfie his lust: (a

desperate practise declaring a desperate cause) things might haue beene aswell concluded against•…•… the Iurisdiction of the Pope, and faction of Friars, as now all is for them.

15. And because wee haue so often mentioned, and are so* 1.258 often to mention the Councell of Trent, seeing we wholly re∣iect it, and our aduersaries wholly rest vpon it: it may bee expe∣cted that wee should giue some reasons why we disable it so much: I may answere, the reasons are in the doctrines and con∣clusions themselues, which are throughly and worthily exami∣ned by Master Chemnifius and others. But ouer and besides the falshood of doctrines, which are concluded there directly against the manifest truth of holy Scriptures, we haue also these iust ex∣ceptions; that, that Councell was neither a generall, nor a free, nor a lawfull Councell. Generall it was not, because if we con∣sider* 1.259 these Westerne parts of Christendome, for the benefite whereof that Councell is pretended to be gathered, the greatest part was excluded from that Councell. For all England, Scot∣land, Ireland, all France, and all Germanie that are Protestants, will make a farre greater part, then all the rest that consented to that Councell: so that it was a Councell held of a small part a∣gainst the greater part. The King of England by publicke wri∣ting, protested against it, when first it was appointed by the Pope to be held at Mantua, the reasons which King Henry allea∣ged* 1.260 against it are these: [That it belonged not to the Pope to cal Councels, but to the Emperor & to the Kings of Christendom: that the Pope himselfe was to be censured by the Councell, and therefore Italy was no fit place for it: that there was no caution made to him and his Embassadours, and Bishops for their safe conduct: that though there were publike caution giuen, yet the practice of Popes in breaking their faith, and violating publike cautions, and sucking the blood of innocent men was too well knowen. In fine the King giueth aduise to all other Princes, and Magistrates, to gouerne their owne people, to establish true religion, to reiect the Popes tyrannie, as hee had done.]

16. The French King made like Protestation against this Councell of Trent, for the Abbot of Bellosan the French Kings

Embassadour, obtaining admittance into the Councell (though not without great difficultie) in the middest of that assembly, a∣gainst the expectation of many, deliuered the Kings protestati∣on thus: [That it was neither safe nor fit for him to send his Bi∣shops* 1.261 to Trent, that he held not that assembly for a publike and generall Councell, but rather for a priuate conuenticle; ga∣thered not for the common good, but for the pleasure and pro∣fite of some few: that neither he himselfe, nor any of his king∣dome should be bound by those decrees: and if need required that he would vse such remedie to restraine the Popes, as his Auncestours had vsed before.] Thus did these Kings then pro∣test against that Councell especially because it was called by the Popes authoritie, who had no right to call generall Councels. And both these kingdomes, and the Churches ther•…•…in, haue withstood the authoritie of this Councell: yea the French Church of Papists would neuer admit the Councell of Trent: so that it is not onely dissallowed of vs, but by a number of them who professing to follow the auncient Church of Rome, yet vtterly reiect this Councell of Trent, as swaruing from the Church of Rome. Of the Princes of Germanie there is no doubt made, but that they would neuer yeelde consent to it. Then generall it cannot be, when as so many and so great a part haue withstood it: yea a farre greater part then they can make who held it.

17. And whereas in all ancient generall Councels the free∣dome* 1.262 and libertie of Bishops, and of all that had voices in Councels was n•…•…uer impeached: in this Councell of Trent it was quite otherwise, for none might be admitted to haue voice therein, but only such as should be bound in an oath of bondage and slauerie to the Pope. And therefore when the Embassa∣dours of Maurice Duke of Saxony came to the Councell and proposed from their Master these petitions; [That the forme of* 1.263 safe conduct might be made for his Diuines, according to the forme which the councell of Basill graunted to the Bohemians, that is to say, that these particulars might be expressed therein, that they also with other might haue deciding power, that in euery controuersie the holy Scriptures, the practise of the aun∣cient

Church, the ancient Councels and Fathers agreeing with Scriptures, and founding them vpon Scriptures; might be ad∣mitted* 1.264 and receiued for the most true and indifferent iudge: (for thus much was contained in the safe conduct graunted by the Councell of Basill to the Bohemians) that there might bee no proceeding till his Diuines came: that when they were come, all things precedent might be recalled, that the Councell might be free for all nations: that the Bishop of Rome might submit himselfe to the Councell, and remit that oath which he had taken of the Bishops which were of the Councell▪ that their voyces might be free, and without such euident partiality and preiudice as they brought with them, who were bound by oath to doe nothing against the pleasure of the Pope: these pe∣titions* 1.265 were reiected, freedome vtterly excluded; partiality and preiudice maintained with resolution.

18. And that the same Councell of Trent was not a lawfull* 1.266 assembly, it is no lesse euident; because it was not called by lawfull authoritie: for it was called onely by the Popes autho∣ritie, who neuer had authoritie to call generall Councels. And though Charles the fift then Emperour, was at the first drewen to yeeld a consent, yet the Pope would neuer allow that the Emperour should haue the authoritie to call the Councell, and to appoint the place (as alwayes it was the Emperours Iurisdi∣ction in auncient Councels) but this Iurisdiction the Pope by vsurpation drew to himselfe in the Councell of Trent: Inso∣much that when the Emperour vtterly dissallowing the transla∣tion of the same Councell to Bononia, wrote to them and sent his Embassadour Vargas to protest against them that he would hold all as vaine, friuilous and vnlawfull whatsoeuer they did, tearming them not a Councell, but a Conuenticle: Montanus* 1.267 the Popes Legat answered, that it should neuer be indured that the Ciuill Magistrate should haue authority to call Coun∣cels, or to appoint the place thereof. To this purpose the Pope also writeth to Charles, that the Emperour hath no right here∣in,* 1.268 but the Pope himselfe is the man: Qui solus iure diuino & humano cogendi 〈◊〉〈◊〉, & decernendi de rebu•…•… sacris potestatem obtineat. This authoritie then being vtterly denied to the Em∣perour

for calling the Councell of Trent: we say that Councell was an vnlawfull assembly, because it was not gathered by the authority of the Emperour, and of Christian Kings. And when it was thus gathered, neither a generall Councell, nor a free, nor a lawfull Councell; yet as it was with all these foule faults, it could not serue the Popes turne, vnlesse singular fraud and deceit had bene practised. Olaus Magnus was intituled Arch∣bishop of Vpsala, and blinde Sir Robert a Scottishman was inti∣tuled Archbishop of Armach in Ireland: so that for want of true Bishops, some were set vp onely in name to fill vp the number, and giue voices.

19. And when all other shifts would not serue, the Pope still reserued one for the last cast. The greatest part of them that were present, had a purpose to curb the Popes Iurisdiction, especially the Spanish Bishops, who saith Sleidan were most di∣ligent in this Councell. These combined with those few Ger∣mane Bishops which were there, resolued saith he, Pontificis Romani potestatemintra certos fines includere, nec illius aulae tan∣tum* 1.269 facultatis in omnes prouincias attribuere. That is, [To reduce the Popes authority within some bounds, and not to yeeld such power to that Court ouer all Prouinces.] The Pope fearing such a thing afore, prouided that the greatest part of Bishops, should be Italians: none might be admitted of any other Nati∣on, but such as were made obnoxious to the Pope, aswell by some other respects as by an oath. If any were obserued to speake in the Councell, with some freedome (as some did) especiall marke was taken of such: these were withdrawen and recalled thence, that other might take their place. Of this the Protestant Princes complaine to Charles: Fuerunt in eo concessu pauci quidem aliquanto liberiores in dicendo, sed inuenta ratio fuit,* 1.270 vt ijs reuocatis at{que} summotis, alij summitterentur nequiores. That is, [Some were in that company w•…•…o vsed some freedome of speech: but a meanes was inuented to remoue and recall them that other more seruile might be in their places.] The Pope thus giuing continuall direction to the Councell, and appoin∣ting by intercourse of messages cōtinually trauelling betweene Rome and Trent, what should be concluded: (insomuch that a

common prouerbe was then taken vp among them, that the holy Ghost trauelled from Rome to Trent in a packet) and fin∣ding that after all this, his purposes were cr•…•…ssed by a certaine number of voyces, the number being precisely brought vnto him: began to flie to his last reserued shift. For of a suddaine he created thirteene Cardinals in one day, all Italians; to whom hauing giuen vncertaine titles, but certaine instruction, he sent them to the Councell: whom the other Fathers of the Coun∣cell 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 Popes pleasure: and yet their wretched pollicies rested not thus. If any were supposed to excell in knowledge, grauitie, learning, and godlinesse, they were (some before the Councell, that their presence should not hinder or disturbe the Popes purposes: some afterward) secretly taken away by poy∣son: this was the end of that worthy Cardinall Contaren, and* 1.271 others: who for their eminency in vertue, were suspected of Lutheranisme. And that the world might know and take full notice of the Popes end and scope in calling this Councell, that it was not the true faith and religion of the Germanes that hee sought, but their blood, it is euident by his practise. For whilest thus they held the Germanes, and all the world in expectation of a Councell; the Pope in the meane time, raised an army and sent it against the Protestants, to be ioyned with other ar∣mies prepared for their vtter destruction. The generall of the Popes armie, Octauius Farnesius (Graundchild to Pope Paulus the third, by whom hee was sent) departing out of Italy was* 1.272 obserued to say, [That he would destroy so many Germanes, that his horse might swimme in the blood of Lutherans. This is their holy Councell of Trent, consisting of a fewe, and those fewe bound by an oath to the Pope, restrained, prohibited, poysoned, and at last with many shifts drawen to serue a pur∣pose: assembled without lawfull authority, called by the vsur∣ped power of the Pope, drawen and pulled by fraud and subtil∣tie, ending in blood and warres: and remaining the onely cause of all the warres, which haue beene raised within

these westerne parts of Christendome since that time to this day.

§. II. Of Friars, by whom this Iurisdiction was maintained.

20. MY purpose being to note the meanes by which this Iurisdiction hath beene aduanced: I thinke it need∣full after forgeries to speake of Friars. For they haue beene the chiefe aduancers of this Iurisdiction, and the fittest instru∣ments that the Pope hath found for his purpose. Iohn Wiclife in diuers places declareth (out of assured knowledge of storie, himselfe being neere those times, and therefore more able to iudge therof) that before the yeere of Christ one thousand two* 1.273 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 yeere one thousand two hundred and foure: and that they were confirmed by Pope Honorius the third, about the yeere one thousand two hundred and fourteene. Ordines quatuor mendi∣cantium (saith he) videlicet Praedicatorum, Minorum, Augusti∣nensium,* 1.274 & Carmelitarum consirmantur ab Honorio, praepo∣nuntur Praedicatores Minoribus in literis Papalibus, quia sex men∣sibus ante eos confirmatifuerunt. Matthaeus Palmerius setteth the confirmation of the Dominicans in the yere one thousand two hundred and sixteene. Of the Francisca•…•…es, in the yeere one thousand two hundred twentie and three: so that Wiclife hath a good ground for that assertion, that Friars were neuer known in the world before the yeere 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 vnchan∣ged in most things. The alteration was afterward wrought es∣pecially by these Friars, both in doctrine & Iurisdiction. For at the first Friars were set vp to oppresse the old Priests, to alter

the auncient religion, and to exalt the Popes power in a grea∣ter measure then it was before. In which businesse they haue not beene idle, but taking directions onely from the Pope, haue brought in a great chaunge in all things. Wiclife obserued, that Friars pursued, imprisoned, and burned Priests onely for repro∣uing their sinnes. So that then questions of doctrine made not the quarrell betweene Priests and Friars, but only the reproofe of the corrupt and vncleane liues of Friars: as in corruption they began, so they continue. And this is testified by others* 1.275 also, that the first cause of the Popes persecutions was not for doctrine, but onely for the Popes Iurisdiction. Reinerius wri∣ting against the Waldenses, testifieth thus much: that they dif∣fered from the Church of Rome in no point of doctrine, but onely they denied the Popes Iurisdiction. Haec secta Leonista∣rum* 1.276 (for so they were called) magnam habet speciem pietatis (saith he) eo quod coram hominibus iuste viuant, & benè omnia de Deo credant, & omnes articulos qui in Symbolo continentur; solam Ro∣manam Ecclesiam blasphemant & oderunt. So that all the here∣sie which then was found in them, was onely against the Popes Iurisdiction, they swarued not from the doctrines of the Church of Rome, but the Friars made the alteration from that aunci∣ent doctrine. Then howsoeuer since that time some Popish writers, vpon humour and partialitie haue charged them in points of doctrine: yet the writers of that age, and neere it, euen their aduersaries, do therin iustifie them, and shew that the quarrell was not for points of doctrine, but only for the Popes Iurisdiction. And it is worth obseruation, that the same Reine∣rius confesseth that there was no origin of this sect knowen, some, saith he, asfirme that this sect hath continued from the time of Siluester: others thinke it continued from the time of the Apostles, himselfe concludeth that out of question, it is an∣cienter then any other sect. Then out of doubt, they were much more auncient then Friars, and Friars were raised vp, pa•…•…tly to this end, to pull them downe.

22. And that this was an end of the institution of these or∣ders: to make some chaunge in that ancient religion, which be∣fore stood in the Church of Rome in some tollerable measure,

and to vexe and persecute the professors thereof, and especially to bring in a new Iurisdiction of the Pope: it will better ap∣peare if wee consider what hath bene in the beginning of their institution, and since obserued of their innouations, libertie, luxuriousnesse, and what desolation they haue brought into the Church. That these men may better be knowen, I will note what Iohn Wiclife and some others haue obserued.

Friars taught (saith Wiclife) that the King of England is not* 1.277 Lord of the Clargie, but that the Pope is their Lord.

Friars so streitched the priuiledges of the Clargie, that though an Abbot and all his couent ben open traitours conspi∣ring* 1.278 vnto death of the King and Queene, and other Lords; and inforce them to destroy all the Realme: the King may not take fro them an half-penny, ne farthing worth.

When Parish-churches ben appropred to men of singular re∣ligion* 1.279 (that is to Friars) such appropriation is made by false sug∣gestion, that such religious men han not ynough for lifelode and healing, but in truth they han ou•…•…rmuch.

Let me obserue this by the way, as being now better instruc∣ted in the opinion of Iohn Wi•…•…life, concerning tithes. Where∣as he seemeth to be against tithes, it is to be vnderstood (as he doth in diuers places open himselfe) against tithes as then they were abused by Fryars. For Fryers then had power from the Pope to appropriate tithes to their Couents, by which meanes tithes came into their possession. This thing Wiclife thought vnlawfull, and would haue had tithes reduced to their ancient vse againe: now let vs returne to his obseruations. Fryers sayen, that their religion (founden on sinfull men) is more per∣fit* 1.280 then that religion or order which Christ himselfe made. They sayen also that begging is lawfull, the which is damned of God,* 1.281 both in the old Testament and in the new. Fryers after they* 1.282 had procured impropriations, and left a poore Curat in place, drewe also from Curats their office and Sacraments: they got the confession of Lords and Ladies. They pursuen true Priests,* 1.283 and letten them to preach the Gospell. Christ chargeth all his* 1.284 Priests to preach the Gospell truely, and they pursuen them for this deed; yea, to the fire: they will slea Priests, for they

doe Gods bidding. When the King by his officers prisons a* 1.285 man, that is commonly done for great and open trespasse, and that is good warning to other misdoers, & some profit comes of the Kings Ministers: but when Friars prisonen their bre∣thren, the paine is not knowen to men, though the sinne were neuer so open and slaunderous, and that does harme to other Liegemen. Friars sayen, that they han more power then the* 1.286 Curat, and thus they make dissention and discord among Ch i∣stian men. Friars labour to roote out true Priests that preach* 1.287 Christs Gospel, themselues han their chamber and seruice like Lords or Kings, and senden out idiots full of couetise, to preach not the Gospell, but Chronicles, Fables, and leesings to please the people, & to rob them. And yet for sending of those coue∣tous fooles that ben limitors goes much Symonie, enuy, & much foule Marchandise. And who can best rob the poore people by false begging and other deceits, that shall haue this Iudas of∣fice and so a nest of Antichrists Clarkes is maintained.

They shew not to the people their great sinnes, and namely* 1.288 to mighty men of the world, but pursuen other true preachers, for they will not glose mighty men, and comfort them in their sins. Thus mighty men hire by great costs, a false traitour to* 1.289 lead them to hell. Friars deceiuen the people in faith, and rob∣ben them of Temporall goods, & make the people trust more in dead parchment, sealed with leesings, and in vaine prayers of hypocrites, that in case ben damned deuils, then in the holy helpe of God and their owne good liuing. Friars peruert the* 1.290 right faith of the Sacrament of the Auter, & bringing in a new heresie, saying there is an accident withouten subiect: which heresie neuer came into the Church, till the foule fende Satan was vnbounden after a thousand yeeres. Friars vndoe Parish* 1.291 Churches, by building other needlesse (meaning Abbeyes, and Priories, &c.) They destroy the obedience of Gods law, & mag∣nifien* 1.292 singular obedience made to sinfull men, and in case to di∣uels, (this is blind obedience brought in by them) which obedi∣ence Christ insampled neuer, ne in himselfe, 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 sinne, they* 1.293

beare out the gold of our land to Aliens, and sometimes to our enemies, to get of Antichrist false exemptions. They teach* 1.294 Lords and Ladies, that if they die in Francis habite, they shall neuer come to hell. They are neither ruled by Gods law, ne* 1.295 lawes of the Church, ne lawes of the King. They ben the* 1.296 cause and procuratours of all warres. They say apertly, that if* 1.297 the King and Lords, and other standen thus against their false begging, &c. they will goe out of the land, and come againe with bright heads: and looke whether this be treason or none. They teach and maintaine that holy writ is false, and so they* 1.298 putten falsnesse vpon our Lord Iesus Christ, and vpon the holy Ghost, and vpon the blessed Trinitie. Friars teach that it is not* 1.299 lawfull to a Priest, or any other man to keepe the Gospell in his bounds and cleannesse, without errour of sinnefull men, but if he haue leaue thereto of Antichrist. Friars by hypocrisie bin∣den* 1.300 them to impossible things, that they may not doe, for they binden them ouer the commaundements of God, as they say themselues: (hence are works of supererogation.) They burne* 1.301 Priests and the Gospell of Christ, written in English to most ho∣nour of our Nation. They call the curse of God, the lesse curse;* 1.302 and the curse of sinfull men, the more curse. They distroyen this* 1.303 Article of Christian mens faith: I beleeue a common or gene∣rall Church. For they teachen, that tho men that shall be damned, be members of holy Church: and thus they wedden Christ and the diuell together. They waste the treasures of the* 1.304 land, for dispensations and vaine Pardons. They ben most subtill and priuy procurators of Symonie, and most priuily make Lords to maintaine the Pope and his robbing our land of trea∣sure by his Pardons, Priuiledges, first fruits of Benefices in our land; and Dis•…•…es, and Subsidies.

23. By this wee may in part see those innouations, which Friars brought into the Church, raysing a new Iurisdiction to the Pope, defrauding and robbing the King of his auncient Iu∣risdiction: these are they who first taught, and practised obe∣dience to another Soueraigne then the King, conspiracy against the life of Princes: impropriations, turning tithes first from their true and auncient vse: persecution for preaching the Gospell;

exemptions; the vse of Legends in the Church, and reading of fables to the people: Symonie, flattery, pardons, indulgences: the heresie of an accident without a subiect: singular and blind obedience; the vse of commutation of penance into money: they were instruments of warres and bloodshed, they inuented works of supererogation, the doctrin that reprobates are mem∣bers of the Catholike Church: to robbe the land of money. These are the things in part which are obserued by Wiclife to haue beene first inuented by Friars. Now whereas Iohn Wiclife was reputed an hereticke, wee finde that this imputation was laid vpon him especially by Friars. For he was a professed ene∣mie to them, and to their innouations, holding with the Church of Rome, and maintaining no other doctrine, then that which he found publikely maintained and receiued in the world, before Friars altered it. Still he pleadeth the cause of the Priests against Friars, which sheweth that he taught no otherwise then those Priests did teach. And albeit the Friars did marueilouslly dis∣order the Church in his time, yet hee witnesseth that the third part of the Clergie of England defended the truth against Fri∣ars. Then the Friars being set vp to alter the auncient doctrine* 1.305 and Iurisdiction, and to induce new: did labour herein through∣ly imploying their best skill and power, for the aduancement of the Pope, and suppressing of the truth. Heerein the Iesuites succeed their forefathes, in this inheritance of innouation, daily adding some new monsters, to those which these old Friars left to their hands.

24. The Vniuersitie of Paris hath likewise declared their iudgement against Friars, somewhat before this time wherein Wiclife liued. They gathered seuen Articles against Friars, which because they proue Friars to be the authors & introdu∣cers of innouation in the Church, I will here set them downe. [First, we say, that Friars are not to be admitted into our Scho∣lasticall* 1.306 societie, except by our consent: because the society* 1.307 ought not to be coact but voluntarie. Secondly, because wee haue found by experience, that their fellowship hath beene ma∣ny wayes hurtfull and dangerous to vs. Thirdly, seeing they are of a diuerse profession from ours: for they are regulars, and wee

schollers; we ought not to be ioined or mingled together in one scholasticall office. For the Spanish Councell saith, Thou shalt not plow with an Oxe & an Asse, thatis, thou shalt not associate men of diuers professions together in one office: for how can they agree together, whose studies, vowes, and purposes are di∣uers? Fourthly, because they raise dissentions & offences, but the Apostle saith: we beseech you brethren that you obserue them, that is, that you discerne such as make dissentions for the do∣ctrine which you haue learned of the Apostles, and eschewe them; for they serue not the Lord, but their belly. Gloss. for they flatter some, they backbite others, that they may fill their bellies: and by glosing words and their benedictions they be∣guile the hearts of the simple. Fiftly, because we feare least they bee such as enter into houses, because they thrust them∣selues into euery mans house; they search and sift the consci∣ences of men: & seduce such as they find like women ready to be seduced. And whō they haue once seduced, them they draw from the Councels of their owne Prelates, to their Councels: for they bind them by oath to their Councels, such the Apostle commaundeth to eschew. Sixtly, because we feare they are false Prophets, for they are not Bishops, nor Parish-priests, nor their Vicars, nor by them inuited: yet they preach, being not sent, against the Apostle saying, Rom. 10. How shall they preach except they be sent. For they worke no miracles, thereby to witnesse that they may preach: the Church then ought to auoid such men, being so dangerous. Seuenthly, because they are curious, and hauing no lawfull calling in the Church, they busie themselues with other mens businesse, & thrust themselues into other mens callings: and yet they are neither Apostles, nor their successours; that is, Bishops, neither are they of the seuenty and two Disciples of the Lord, neither their helpers, or Vicars, as before is said. Now the Apostle commaundeth vs to eschewe such as will liue so: saying, 2. Thess. vlt. We declare brethren to you in the name of the Lord Iesus Christ, that you with∣draw your selues from euery brother that walketh inordinate∣ly, and not according to that tradition which they haue recei∣ued of vs, &c.]

25. Thus haue we set downe the sincere iudgement of that Vniuersitie, before it was corrupted and infected with Friars. They haue prooued that Friars haue no lawfull calling in the Church to preach, or administer the Sacraments; because they haue no institution of Christ or his Apostles. And howsoeuer since those times the iudgement of that Vniuersitie was chaun∣ged, after they had once receiued these serpents into their bo∣somes: yet the reasons which they haue brought against Fri∣ars, are vnchaungeably true, and will alwayes prooue that which then they prooued, that neither the old Friars, nor the new Iesuits, haue any lawfull calling in the Church. As thus they haue beene the bane of the Church in chaunging the old bounds: so they haue beene the ruine of Princes, and the cause of great warres and bloodshed, yea of all the persecutions that haue bene since. For before that time that the orders of Friars were brought foorth 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 Iacobites, or preaching Friars; and Francis the order of the Minorites, professed beggars: then began great bloodshed and persecution to be practised vpon men, that did not allow the Popes Iurisdiction: in blood was it first founded, and so it hath beene euer since maintained.

26. The first persecution began against them, that were cal∣led Albingenses: whose opinions are made hainous by some that write affectionately since that time; but by the writers of that time there appeareth no other thing wherewith they were* 1.308 charged: but onely that they withstood the Popes pride and Iurisdiction; for which they were persecuted. The Earle of Tholouse who fauoured them, was depriued of his Earledome, his landes were giuen 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 falshood of the Friars and Popish Bishops, they ouerthrew him. In this ouer∣throw of the Earle, 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 compe∣scuit,* 1.309 adiuuante etiā Simone Monteforti: non enim disputationibus verum armis opus fuit, adeo inoleuerat tanta heresis. That is, [Whom Dominicke did speedily ouercome, by the helpe of Si∣mon Monford: for there was not so much neede of disputation, as of armes, that heresie was so rooted.] Then we vnderstand the end why Friars were instituted, by their first and chiefe im∣ployment: they were founded in blood, in treacherous practi∣ses against Princes, for the seruice of the Pope. Wherein wee behold the endes of such. Councels as the Pope calleth, and wherein he is President: as the Councell of Lateran, and the Councell of Trent. For as vpon the time of holding the Late∣ran Councell, the first Friars were ordained, and allowed by the Pope; so vpon the time of the Councell of Trent were the Iesuites confirmed to be an order by Pope Paul the third: after both Councels, great warres and bloodshed followed through Christendome; wherein the Friars were the Popes instruments, and the procurators of the warres at both times, and euer since.

27. As these first orders of Friars increased in number, swar∣ming like Locusts vnder the Popes protection; he like an ex∣perienced Captaine, prouidently ordered his troupes, and set them to their seuerall taskes: some to writing of books, some to the practises of state against Princes. By those that were set to write, as Aquinas, Scotus, and such like, the alterations of do∣ctrines were brought into the Church of Rome first: so that herein appeareth their full & finall end, in raising vp rebellions; first against God, and corrupting of the truth: and then against Princes, by impugning their soueraigne authoritie and Iuris∣diction. In both which practises, the Friars take continuall di∣rection from the Pope, by whose power they were created, by whose authoritie they stand, from whose spirit they breath, and for whose seruice they are deuoted, and resolued to spend their breath and blood. In these practises, the Iesuites being the last brood, striue to surpasse all other, for their audacious corrup∣ting

of the truth, and outragious interprises against the liues of Princes. For which in the end, they will vndoubtedly drawe vpon themselues the anger of God, and of the Princes of Chri∣stendome. I haue stayed the longer in these descriptions, for the honour of the Iesuits, that their descent and progenie, may be knowen: that we may behold the aduancers of the Popes Iurisdiction: which Iurisdiction will the better appeare, if the first and chiefe aduancers of it, might be well knowen.

§. III. Of Oathes exacted by the Pope.

28. ANother especiall meanes of aduauncing this Iurisdicti∣on, was practised by exacting Oathes: which is also much practised now; because by experience they finde great vse of it; an Oath being the greatest bond of humane societie, and the fittest meanes to ingage men throughly in any cause: the first exacting of Oathes, was from Archbishops, and Bishops, by which meanes their Allegeance was strangely withdrawen from their Soueraigne Princes. Whereas then first princes for their owne safetie, and for the safetie of their Countrey, vsed to exact an Oath of Allegeance, aswell of the Ecclesiasticall, as Temporall subiects: The Popes began to withdraw the Cler∣gie from this obedience, and Allegeance; and so farre they pre∣uailed, that the Friars taught, that the King of England was not lord of the Clergie, but that the Pope was their lord: as we haue declared from Ioh. Wiclife. And now the Pope begin∣neth in these desperate dayes, to forbidde them of the laity, to take the Oath of Allegeance to their Soueraigne: whereby as they began to steale away the hearts of the Clergie first, from the true and lawfull obedience of their Soueraignes; so now proceeding in the same course with the laity, what will they leaue to Kings in the end? And because this containeth an especiall mysterie of Iurisdiction, therefore we thinke it needfull to be plainely opened.

29. That Kings did out of dutie and Allegeance, exact an Oath of their subiects, euen of Bishops; and had the same yeel∣ded

as a due homage to them, and confirmed also by decrees of Councels: it is well and worthily obserued of late, by that booke written most learnedly and exactly, intituled, Tripliei nodo triplex cuneus. Where this vse is confirmed from the pra∣ctise of the fourth Toletan Councell, held in the yeere sixe hun∣dred and thirtie: and from the fift Toletan Councell, held about the same time. And from the sixt Toletan Councell held in the yeere sixe hundred seuentie and sixe. And from the tenth Tole∣tan Councell, gathered in the yeere, sixe hundred ninetie and soure: as also from the Councel of Aquisgrane, in the yere eight hundred thirtie and sixe. We may adde (though it be needlesse) some fewe and small obseruations thereto. It appeareth, that this practise of taking an Oath of Allegeance of subiects, is drawen from the law of nature, as necessary for the preseruati∣on of States, and it seemeth to be as auncient as the gouerne∣ment of States. For Lycurgus the first founder of the State of* 1.310 Lacedemon, hauing once well ordered that State by good lawes: tooke an Oath of them all that they should preserue those orders till his returne from the Oracle: that is alwayes. If any thinke that this was not an Oath of Allegeance to the State, I suppose it will be hard to distinguish betweene an Oath to preserue the lawes, or to be true to the lawes; and an Oath to be true to the State. For it is certaine, that the State of La∣cedemon, was preserued by those lawes in great honour and fe∣licitie, for the space of fiue hundred yeeres, as the same Author reporteth: Or as hee saith in another place, for sixe hundred* 1.311 yeeres; and vpon the breach of those lawes came in the ruine* 1.312 of that State, as the same Author doth often obserue. This de∣clareth the antiquitie of this Oath, as proceeding from the law of nature; which yeeldeth this helpe to States for the necessarie preseruation of themselues. For which cause it hath bene practi∣sed, whensoeuer the State thought it needful: for after the kings were driuen out of Rome, L. Brutus, and Collatinus Tarquinius being chosen Consuls: Valerius Publicola grew so offended, be∣cause himselfe was not respected in that choise, that he retired from the Senate, & from all publick action to a priuate life. This thing drewe the Senate into some suspicion of his Allegeance. Wherfore Brutus the Consul called all the Senate to a solemne

Oath of Allegance: which Oath Valerius first of al others took* 1.313 most cheerefully. Thus in the danger of the State, they had re∣course to this practise as the most lawfull, and assured helpe of States. And Scipio Africanus is much commended in the Ro∣mane* 1.314 stories, for vsing this practise in the danger of that State: for when hee vnderstood that some had a purpose to forsake the State, hee caused them to take an Oath to bee true to the State, and not to forsake it. After the same manner was this Oath of Allegeance yeelded by the Church of the Iewes of old. For Iosephus reporteth, that Augustus Caesar required an Oath of Allegeance; which Oath, saith he, all the nation of the Iewes did take, sauing o•…•…ely the Pharises. And therefore these Pha∣rises, he describeth to be seditious and intollerable stirrers in States, euen such as the Friars prooued afterward. The words of Iosephus, though they be long, yet I will set downe; because they open the practise of this Oath of Allegance, the consent of the auncient Church of the Iewes, and the seditious and pestife∣rous practise of the Pharises, that the Iesuites the broode of these Vipers may the better be knowen: his words are these.

[There was a sort of men among the Iewes, glorying in* 1.315 the scrupulositie and subtiltie of the law, by hypocrisie and si∣mulation, counterfeiting the holy worship of God, by whom women were much moued and drawen, &c. These were called Pharises, who had great power, either to helpe, or to hurt the kings State. For they were troublesome, seditious, the stirrers of wars, iniurious and immoderate prouokers of trouble with∣out cause or ground. For when the whole nation of the Iewes bound themselues by an Oath to be faithfull and true to Caesar, and to obey him, only these Pharises did not sweare: these were in number somewhat aboue sixe thousand, whom the King pu∣nished with a mulct pecuniarie: which summe of money the wife of Pherora disbursed for them. But they, to recompence this her great liberalitie, tooke vpon them the foretelling of things to come, as men forsooth indued with diuine inspiration: they prophesied that K. Herods end was at hand, decreed by the diuine Maiestie, and the end of all his issue, and kinred: and that this woman their Benefactour with her husband Pherora, and

the children descending of them, should be Kings. When this practise of the Pharises, came to the Kings knowledge, he kil∣led them as stirrers of sedition and traitours to the State.] Thus fa•…•…re Iosephus, Whereby we vnderstand that this Oath of Alle∣geance, was well approoued of the Church of the Iewes, and onely denied by the seditious Pharises, who then inueigled wo∣men and weake men, and by such meanes stirred rebellions, as now their successors the Iesuites doe. In like manner was this Oath practised in the Church of Christians, as appeareth by the testimonies before cited, and by these that followe. The se∣cond Synode of Rhemes was gathered about the yeere nine hundred and ninetie: against Arnulphus Archbishop of Rhemes,* 1.316 where it was witnessed of that Archbishop; that in the pre∣sence of the Kings, and Bishops and Clergie, and people, he was of his owne consent bound by an Oath, that to the vtmost of his skill and power, he would be true and faithfull in Councell and aide to his Prince: the manner and forme of his Oath is set downe thus. Ego Arnulphus gratia Dei praeueniente Rhemorum* 1.317 Archiepiscopus promitto regibus Francorum Hugoni, & Rotberto me sidem purissimam seruaturum, consilium & auxi lium secundum meum scire & posse in omnibus negotijs praebiturum: inimicos •…•…orū nec consilio nec auxilio ad eorum infidelitatem scienter adiuturum. And so it proceedeth with a long execration vpon the brea∣ker.

30. Nauclerus doth likewise obserue, that Fredericke Bar∣barossa* 1.318 Emperour, perceiuing that the Pope by his excommu∣nications practised secret conspiracies, drawing subiects from Allegeance, from faith and obedience; to preuent these new and subtill practises did exact an Oath of Allegeance of all Bishops vnder his Dominions: commaunding the Popes A∣gents to bee excluded from Germany, vnlesse hee sent for them. The same exclusion of the Papall Legats was often vsed by the Kings of England and France, after that these Princes perceiued, that the end of such Legacies was to strengthen the Popes excommunications, and to stirre the people to rebelli∣ons, or to robbe the land of tr•…•…asure. The same Fredericke did also forbid his subiects to appeale to Rome, and to goe thither.

By this iniunction of Fredericke, the Popes Legate being for∣ced to trudge home, returning to Pope Hadrian, made a grie∣uous complaint; the Pope hereupon wrote a letter to the Emp∣erour; which because it openeth the Popes meaning concerning the Oath of Allegeance, I will here set it downe.

Hadrian the fourth, seruant of Gods seruants,

to Frede∣ricke Emperour of Romanes, health and Apostolicall blessing.

31. THe law of God promiseth a long life to them that* 2.1 honour their parents, and threatneth the sentence of death to such as curse their Father or Mother. And we are taught by the voice of the truth it selfe, that hee that exalteth himselfe, shall be brought lowe. Wherfore my sonne beloued in the Lord, we maruaile not a little at your wise∣dome, for that you seeme not to yeeld so much reuerence to S. Peter, and the Church of Rome, as you ought to doe: for in* 2.2 the letters which you wrote to vs, you set your name before curs: wherein you doe incurre the note of insolency, that I may not say arrogancie. What shall I say of the Allegeance by you promised and sworne to S. Peter and to vs? How can you keepe that Allegeance, seeing that you your selfe require ho∣mage & Allegeance of those that are Gods? That are the sons of the most high? (that is Bishops) and you haue held their hallowed hands in your hands: & manifestly declaring your selfe contrary to vs, you shut out our Cardinals, not onely out of your Churches, but euen out of your Cities: Repent therfore, repentwe aduise you: for whilst you seeke the Crown and Consecration at our hands, we feare that seeking more, you will loose that which you haue.

32. By this wee perceiue the Popes meaning, in denying that Kings ought to exact an Oath of Allegeance of Clarkes: especially of Bishops, for they finding that the Oath of Allege∣ance draweth subiects to the obedience of Princes, resist it by all possible meanes: because the Popes seeke Soueraigne Alle∣geance: which cannot be performed both to the Pope, and to Princes: so that if the Popes purposes stand, ciuill obedience to Princes cannot stand. And howsoeuer the Iesuites cauill at the late Oath of Allegeance by Parliament enacted, quarrelling against it, as if it were not a meere Ciuill Oath: yet this is but their friuoulous exception, for it is euident by this Epistle of the Pope, that an Oath of meere Ciuill Allegeance, standeth a∣gainst the Popes purposes. For this Oath which Fredericke ex∣acteth,* 2.3 was for meere Ciuill Allegeance; and yet the Pope deni∣eth that the Emperour ought to take such an Oath of Bishops: the reason was that which Iohn Wiolife descried, because Bi∣shops must be the Popes subiects, not the Kings. This was al∣so a part of that quarrell, wherewith Thomas Becket troubled the State in his time; for he hauing first taken the Oath of Alle∣geance* 2.4 to King Henrie the second; afterward repenting, sought* 2.5 to be absolued of the Pope.

33. Then this Oath of Allegeance to Kings, was in vse be∣fore we finde it exacted by the Pope: the Pope did first exact it of Archbishops. The first that I can find to binde himselfe in an Oath to the Pope, was Boniface tearmed the Germane Apo∣stle, Archbishop of Mentz, an English man by birth named Wi∣nefride. For Pope Gregorie the second, desirous to draw the Germanes vnder the yoake of his ceremonies (the Christian re∣ligion being long before planted among them) sent this Wine∣fride, 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 forme of the Oath is extant in Auentinus, thus: [In the name of our Lord and Sauiour, Leo being Empe∣rour,* 2.6 &c. I Boniface promise to thee S. Peter, which wast the chiefe of Christs Apostles, and to Gregorie who now represen∣teth thy person, and to all thy successours by the Father, the Sonne, and the holy Ghost, &c. I vow by this thy holy body,

that I will follow the sincere truth of Christian pietie, as long as my life and strength last, I will keepe concord, I will shunne persons excommunicated, I will giue notise of lying sects, of pestiferous errours against the decrees of our Elders, to the Bi∣shop of Rome.] This Oath carrieth a shew of great moderati∣on, being compared with the formes of those Oathes which succeeding Popes exacted.

34. We declared before how Hildebrand caused the Em∣perour Henrie the fourth, to displace certaine Bishops: and pre∣sently after that he had made a breach betweene the Empe∣rour and them, he restored them all to their seuerall places a∣gaine; and exacted an Oath of them, to be true to him, the forme of that Oath I find not: but it seemeth that then an Oath was exacted much in preiudice of Princes. For Anselme Arch∣bishop of Canterburie, by reason of that Oath which then the Popes exacted, was enboldened to raise a contention with Wil∣liam Rufus, about inuestitures. And Thomas Becket by vertue of the like Oath, contended with Henry the second: for that vpon the quarrell for inuestitures, Bishops were strictly tied to the Pope by an Oath, we finde in the contention which was betweene Pope Paschalis the second, and Henrie the fift Em∣perour. For when Henrie the fift had bene set vp by the Pope, to raise warres against his owne Father, and had at the Popes instigation, robbed him of his Empire and life: he himselfe found afterward the same measure at the Popes hands, which his Father had found before him; for claiming the right of in∣uestitures as belonging to the auncient right of the Empire, he was denied: the matter brake out into a tumult, in which tu∣mult Pope Pascbalis was taken, and being in the Emperours power, graunted and confirmed vnto him the right of inuesti∣tures. From which graunt the Pope reuolted afterward, and shewed himselfe more vehement in this quarrell, then any be∣fore him. After some stirres and contention, the Pope held a Synode at Trecae in France: this Synode was held in the yeere one thousand one hundred and seuen. Wherein the Bishops of Germanie were suspended by the Pope, for doing any part of* 2.7 Episcopall function, (saith Vspergensis) because, fauouring the

Emperor, they were not present in this Synode. And Auentinu•…•…* 2.8 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 euery Bishop, that they should be in the power, and at the pleasure of the Pope.]

35. Thus were Kings robbed of their strength, when Bi∣shops were by an Oath so bound to the Pope, that what hee commaunded, they must doe. And if the Pope listed to quar∣rell Princes for their auncient rights and priuiledges, it was enough for him to say, those priuiledges of Princes were mat∣ters Ecclesiasticall or Spirituall, and must therefore belong to the Pope: and not to Temporall Princes. What thing could more weaken Princes, and bring them to that poore state, that the Pope might triumph ouer them, as he did, then this subtill practise whereby Bishops, who before with other subiects held their Allegeance inuiolated to their Soueraignes; were now by a new policie of Popes, brought by Oath to the Popes subie∣ction, and forced to violate their Allegeance to their Princes. Consider then what seruice Princes may expect from Popish∣bishops, who are so bound by Oath to the Pope, that they can doe no seruice either to God, or their Prince (if it be against the Pope) but they must violate their Oathes. And this is the great bond of their spirituall Iurisdiction, as they call it. The Popes haue wrested from Princes their auncient right by violence, ex∣communications, warres, and great bloodshed: these rights of Princes thus withdrawen from them, the Popes hold as mat∣ters of their Iurisdiction: and to strengthen them herein they bind Bishops and other chiefe of the Clergy, by Oaths to them∣selues, against their owne Kings: these practises set the Pope in the possession of this Iurisdiction.

36. Onuphrius speaking of that Oath which all Doctors* 2.9 tooke that were to bee made Bishops, doth at large set downe the forme of it: and among other particulars, this: Romano Pontifici B. Petri Apostolorum principis successori, ac Iesu Christi vicario, veram obedientiam spondeo▪ ac iuro. This Oath was mi∣nistred to all that proceeded Doctors: which was the cause that

some men of great worth and learning, refused to take that de∣gree* 2.10 in those dayes: for besides other daungers, it brought two great mischeifes vpon them, that tooke it. The first concerning Allegeance of subiects to their kings; the second concerning Bishops or Doctors that might be called to a Councell. For if a quarrell fall betweene the King and the Pope, it is hard for a∣ny man to be▪ a true subiect to the King, that taketh such an Oath to the Pope. Especially when the Pope must interprete that obedience which is vowed and sworne to him, in such a sort, as that it includeth a contradiction to the faithfull seruice and Allegeance, which euery Subiect oweth to his King. Moreouer, if a Councell should bee called to determine Religi∣ous affaires, and to reforme the abuses of the Court of Rome, how can sinceritie and indifferencie bee expected of them, that are aforehand bound by Oath to the Pope, and ingaged so farre* 2.11 that as a Pope chargeth the Bishops of Germanie, they cannot speake the trueth against the Pope, but they breake their Oath. And therefore since this Oath was exacted of the Clergie, there were neuer such free, sincere, and holy Synodes held, like to those which were in former times. But of all Oathes or vowes,* 2.12 that is the most seruile, which the Iesuites by vertue of their Order professe to the Pope, that they will serue him, as Christs* 2.13 Vicar.

37. These Oathes by the Pope were first exacted of Arch∣bishops, though in processe of time, they came to bee farther imposed. To this purpose there is a Canon in the Decretals of Gregorie the ninth, which Canon because it openeth somewhat, both of the reason and antiquitie of this Oath, I will set downe* 2.14 the whole. Thus it is: Significasti Reges & regni maiores admira∣tione permotos, &c. That is: [You signified to me by your Let∣ters,* 2.15 that the Princes and Barons of the Kingdome, were moo∣ued with admiration, that the Pall was offered you by our A∣pocrisiaries, (that is Chaplanes) with this condition, that you should take that Oath which they brought you written from vs.* 2.16 Let them in like sort maruell at our Lord Iesus Christ in this cause: Who committing the charge of his sheepe to Peter, put thereto a condition: saying, If thou louest me, feed my sheepe.

Now if the creator of consciences, and searcher of secrets vsed this condition, and that not once, but the second time and a∣gaine, till he had made him sorie: What care then ought we to haue that so great a Prelateship of the Church bee not by vs committed to our brethren, whose consciences we know not. They obiect that all Oathes are prohibited by the Lord, and that this practise of exacting Oathes, is not found either esta∣blished by the Apostles of Christ, or by Councels. What then is that which the Lord addeth as next following: That which is* 2.17 more then this is of euill. For euill compelleth and forceth vs (the Lord permitting) to exact this which is more. For is not this euil, to start from the Church, and obedience of the Sea A∣postolicke? And to breake out against the constitutions of Ca∣nons? Which many haue done, after their Oath to the contra∣rie. We are therefore compelled by this euill, and by necessitie* 2.18 to exact an Oath for Fealtie, for Obedience and Vnitie. They obiect that this thing is not established by Councels: as though any Councels may prescribe a Law to the Romane Church, see∣ing all Councels are by the Authoritie of the Bishops of Rome enacted, and haue their strength. And in their Canons the Popes Authoritie is manifestly excepted.]

38. The Reader may be intreated hence to obserue: First, that this Oath in the time of Paschalis the second, who wrote this (for Gregorie the ninth Collected it from him) was receiued with great admiration, both of Temporall Lords, and of the* 2.19 Archbishop himselfe, as a thing neuer practised before that time. Then we haue the antiquitie of imposing such an Oath. Secondly, we obserue this cursed boldnesse of the Pope, in per∣uerting Scriptures to serue his pride and lust. Without which blasphemous abuse of holy Scriptures, this Iurisdiction could neither at first haue beene imposed; nor since maintained. Thus hee handleth all the Scriptures that he meeteth withall, as in these few words two diuers Scriptures. Thirdly, he graunteth that euill compelled him to this, God onely permitting, which is as if he should say: The diuell compelleth and driueth him to it, God onely permitteth. He who acknowledgeth thus much, is wittingly and willingly the seruant of the diuell, and of that

euill which by his owne confession compelleth him. Fourthly, he reiecteth the authoritie of the Apostles and Councels, as be∣ing himselfe aboue them. Fifthly, his reason is to bee noted, drawen from Scripture: Christ saith, That which is more then this is of euill; therefore the Pope may exact an Oath of Arch∣bishops. And the Popes Canons hauing once expounded this Scripture thus; it must alwayes be the true sense of it: For that say they is the true sense which the Pope giueth. 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 onely, which was the cause that mooued many Archbishops to ioyne with the Pope in the pursuite of this new Iurisdiction against their owne Soueraignes. And hence we see a reason, why Anselme with∣stood 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, Anselme had taken it. For (as by this Canon it appeareth) it was conueyed with the Pall to the Archbishops, if they will haue 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. Seuenthly, and last of all, obserue what kind of Oath the Pope required: An Oath of Allegeance, And therefore the summe and purpose of that former Canon, is thus set downe in the E∣dition of Gregorie the thirteenth. Electo in Archiepiscopum sedes Apostolica Pallium non tradet, nisi prius praestet fideluatis & obedi∣entiae iuramentum. That is, [The Sea Apostolike will not deli∣uer the Pall to any Elect for Archbishop, except he first take an Oath of Fidelitie and Obedience.] Then the Oath which the Pope requires, is an Oath of Allegeance. By this the purpose, reason, Antiquitie, and honestie of this Oath may the better appeare.

39. Besides this Oath which Popes haue exacted of the Clergie, they haue laboured to bring the Emperours also vnto their obedience by an Oath: There is the forme of an Oath set* 2.20 downe, Dist. 63. as exacted by Pope Iohn the twelfth, of Otho the first Emperour: but because in that distinction there is much

counterfeited stuffe thrust in, as that Canon which beginneth Ego Ludouicus, &c. which Carolus Molinaeus hath by irrefra∣gable proofes manifested to be forged; therfore this is to be su∣spected to be of the same kinde. And this thing seemeth so vn∣likely, that there is no reason to receiue it, without better story, then the Popes Canons: For Otho the first was a Prince of great worth, wise and valiant; and Iohn the twelfth, a Pope that deserueth no better Titles of the Historiographers, then a Monster and a Beast. Neither was this Emperour at any time in the power of that Pope, but the Pope in his; for Iohn the twelfth helped Beringarius and his sonne, against Otho, which caused Otho to bring an Armie against him: And as Luitpran∣dus* 2.21 saith, Iuramentum Othoni Papa Iohannes supra pretiosissimum corpus Petri praestitit, se nun{que} Beringario & Aberto eius filio auxi∣liaturum. Naucler saith, that this Iohn (whom he also calleth a* 2.22 Monster and a Beast) hauing intelligence that two Cardinals* 2.23 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 O∣tho should take to the Pope, we finde nothing in Storie but the contrarie. True it is, that Henry the fourth Emperour was for∣ced by Hildebrand to such an Oath: for this Emperour being by him excommunicated, his Nobles and Bishops falling from his obedience, was driuen to come bare-foote with his wife and little sonne, in a sharpe frost to Canusium (where the Pope then lay) and to stay at the gates of the Citie all night: and though in greatest humility he intreated pardon, yet Hildebrand was so busied (forsooth in company of his Harlots) that the Empe∣rour* 2.24 was forced to attend three daies in this grieuous affliction, before he might haue accesse to his holinesse. And when hee* 2.25 came before him, he must be contented to be bound by an Oath to stand to the Popes iudgement: that at the pleasure of the Pope, before the triall of his cause, he should be ready either to leaue or to retaine his Kingdom: that he should vse no Prince∣ly habite or ornament in the meane time: that hee should not vndertake any part of gouernement: that he should not exact an Oath of Allegeance of his owne subiects: that hee should neuer reuenge this wrong vpon the Pope. When he had thus

hampered the Emperour with an Oath, and with such strange and mercilesse conditions (such is the Popes mercy where he is Master) behold a stratagem, a president of humility, godlinesse, patience, mildenesse of a Pope, he set vp Rodolph Duke of Sueuia against him in battell.

40. The Popes hauing once extorted an Oath of the Empe∣rour, were desirous vpon such presidents to make lawes: for they had no other meanes to build vp their Iurisdiction: there∣fore when as first by force they extorted some Oathes, after∣ward they set such examples in their Canons, and last of all they expounded those Oathes, which sometimes Emperours tooke, to be Oathes of Allegeance to the Popes. For this pur∣pose there is a Canon in the Clementines: Clement the first confesseth that Henry the seuenth Emperour, refused the Oath which he would haue imposed vpon him: and so doe other sto∣ries witnesse, that the Emperour refused to take that Oath. But* 2.26 if we will beleeue Clement in his Canon, Henry afterward yeeld∣ed to that Oath, but would not acknwledge that it was an Oath* 2.27 of Allegeance, because the Emperours neuer sweare Allegeance* 2.28 to Popes, but Popes to Emperours: therefore Clement in that Canon, declareth that these (which some Emperours yeelded to some Popes) were Oathes of Allegeance. Declaramns (saith he) iuramenta praedicta fidelitatis existere & censeri debere: That is, [We declare that the foresaid Oathes are, and must be accoun∣ted to be, Oathes of Allegeance.]

41. By this we see how highly they would aduance the hornes of this Iurisdiction. And still we finde this confirmed, that the Oath which is giuen to the Pope, is vnderstood an Oath of Allegeance. And to certifie vs yet more fully of their mea∣ning; it is set downe not onely as a law in their Decretals, but published as an ordinarie Ceremony, which al must take know∣ledge of. In the booke of their Ceremonies it is said that an Oath is to be ministred to all Emperours, before their Corona∣tion, and before they enter the territories of the Romane Church. The Oath is there thus set downe: [I will exalt the Pope, secundum meum posse, & vitam: hee shall neither loose* 2.29 member nor honour by my will, councell, consent, or exhorta∣tion:

In Rome I will make no Decree, or ordination of any thing that belongeth to his Holinesse without his councell.] In the same booke and place before cited, it is said that Frede∣ricke the third Emperour tooke that Oath.

42. In this Mysterie of Oathes they haue proceeded so far, as to exhibite an Oath not onely to the Clergie, but to the tem∣porall subiects of other Princes, whom they may poyson and peruert, by reconciling them to the Pope; which as it is a pra∣ctise most dangerous to them that are so taken, and insnared as Birds in the net of their owne destruction, so is it no lesse per∣nitious for such Princes from whose obedience these are dra∣wen: whereby the Pope seemeth to bring the question of Iu∣risdiction to an issue with the Princes of Christendome, whe∣ther he shall ouerthrow them, or they him: for it is not possi∣ble that both should stand vp together: for what is left to Princes, if their Crownes and the hearts of their subiects be ta∣ken from them? Or what is it, that Princes can haue a more tender feeling of, then of their Crownes, and of the hearts of their subiects? And what is more forcible to steale away the hearts of subiects from their Prince, then to binde them with an Oath of Allegeance to another Prince? Then these men that haue bound themselues by an Oath to the Pope; how is it pos∣sible they should performe true Allegeance to the King? For that the Oath which is exhibited to the Pope, is an Oath of Al∣legeance and fidelity; the Popes themselues by their Decretals haue assured vs. And if you will seeke it out, this you shall finde to be the true reason, why Pope Paulus the fift in his late Breues hath forbidden the Recusants of this land, to take the Oath of Allegeance to the King, because they haue taken an Oath of Allegeance to the Pope. Now it is not possible that a man should performe Allegeance to two Soueraignes: if one be vassal to the other, happily one may hold Allegeance to two; as for example, a Tenant may sweare homage to his Land-lord, and to his Prince also: but this cannot be done to two Soue∣raignes.* 2.30 And if one shall take an Oath of Allegeance to di∣uers Lordes, it is concluded, that if the Pope be one of those Lords, he must be obeyed before all other whatsoeuer. Then it

is not a Fatherhood in the Church, that the Pope striueth for, but a power ouer Princes, by weakning and vndermining their authority, withdrawing the hearts of subiects: exacting an Oath of Allegeance of all whom they can reconcile: and not per∣mitting their Conuerts to take an Oath of Allegeance to their owne Soueraigne Princes. And because we find that mode∣rate and conscionable Papists, as Master Hart in the confe∣rence with Doctor Reynolds, and such like, being driuen to vn∣derstand the cause aright, cannot chuse but iustifie our cause, and will not yeeld to the Pope, a Princehood ouer the world, but onely a Fatherhood of the Church: not graunting to him* 2.31 a power to depose Princes: confessing also that the power which we giue to Princes, is not vnderstood of themselues, for they, before they will vnderstand our cause, thinke that wee meane to giue as much to the Prince, as they doe to the Pope:* 2.32 therefore we haue reason to rest herein assured, that if the Iesu∣ites entred not into the Popes battels with a Pontificall furie, the Pope would vtterly be forsaken in this, wherein all mode∣rate spirits haue already forsaken him: or if hee would relin∣quish this part of the quarrell, which hee maintaineth against temporall Princes, happily he might make himselfe much more stronger then 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 meanes which they vse, are not the courses of moderation, conscience and religion, but of force and furie; they will haue all, or loose all. Wherein the wisedome of the Iesuites will be called into great question, for setting the Pope vpon such desperate courses, at least for being the onely instru∣ments of these new and furious practises, which doubtlesse will in the end make an end of his Kingdome.

§. IIII. Of Inuestitures.

43. HAuing spoken somewhat of the meanes, whereby this Iurisdiction was sought, wee are now to speake of the partes of this Iurisdiction, as wee finde the

same practised at this time, when it was at his height. The partes of this Iurisdiction so much pursued by Popes, we gather to be these: power ouer Bishops, power ouer generall Coun∣cels, Inuestitures, exemption of criminous Clerkes, the Popes power in giuing lawes, appellation; and last of all, a power to depose and depriue Kings: In all which the Pope hath procee∣ded d•…•… facto, to practise that power whereunto hee neuer had right. The two first we purpose not to speake of here, because of the first we haue spoken already, Chapt. 5. Of the second we purpose to speake in the last Chapter; the rest are here to be handled in Order: and first of Inuestitures.

44. The first Pope that claimed Inuestitures, was Hilde∣brand. William Malmsbury saith, Hic (Hildebrandu•…•…) quod alij i•…•…usitauerant palam e•…•…tulit, excommunicans electos qui Inuestitu∣ras 〈◊〉〈◊〉 de manu Laici per annulum & bacu•…•…m accipe∣re•…•…:* 2.33 That is [He openly by excommunication thrust out them that had taken Inuestitures of Churches from a Lay hand, by a* 2.34 Ring and a Staffe: which thing before Hild•…•…bi and other Popes had not done.] Whereunto all the Histories of this time giue consent, declaring that the first claime that the Popes made for* 2.35 Inuestitures, was begunne by Hildebrand: And because that the Popes were so peremptorie herein, raising and continuing so great and so long a contention about this thing, therefore it is thought by many that this right of Inuestitures was the Churches right, and consequently the Popes. And that Em∣perours and Kings did vsurpe it by inuasion and intrusion, first, priuately, and then more publiquely: We are therfore to seeke out this point, to whose right Inuestitures did auncie•…•…tly be∣long, whether to Kings or to Popes. Now that they were a part of the auncient right of Emperours and Kings, it is wit∣nessed by Gratian: for he bringeth an ancient testimonie which doth witnesse, That Pope Hadrian did intreat Charles the great to come to Rome, and defend the affaires of the Church; and that there the Emperour held a Synode, in which this auncient right was confirmed to him by Pope Hadrian: H•…•…drianus au∣tem* 2.36 Papa cum vniuersa Synodo, Carolo ius & pot•…•…statem eligendi pontificem, & ordinandi Apostolicam sedem, dignitatem quoque pa∣tritiatus

ei concesserunt: Et Episcopos per singulas▪ prouincia•…•… ab eo Inuestituram accipere defi•…•…iuit, vt nisi à rege laudet•…•…r & I•…•…uestia∣tur Episcopus, à nemine consecretur. That is, [Pope Hadrian with the whole Synode graunted to Charles the right and power of choosing the Pope, and ordaining the Sea Apostolike, and the priuiledge of the Romane Nobility; and defined that Bi∣shoppes through all Prouinces should take Inuestitures from him: that a Bishoppe should be consecrated by none, vnlesse he were first inuested by the Emperour.] Thus much is also te∣stified by Sigebert and many moe. The same is confirmed by* 2.37 Pope Leo, who graunteth this to be the right of Otho the first, as Hadrian did to Charles: for thus saith Leo: Othoni primo* 2.38 Te•…•…tonicorum Regi eius{que} s•…•…ccessoribus, &c. perpetuam faculta∣tem* 2.39 •…•…ligendi successorem, & summae sedis Apostolicae Pontificem, ac per hoc Archiepis•…•…opos se•…•… Episcopos, vt ipsi ab eo Inuestituram ac∣cipiant. [To Otho the first, Germane Emperour, and to his Suc∣cessours, &c. We grant the chusing our successour, the Bishop of the chiefe Apostolicke Sea, and by this to chuse Archbishoppes and Bishoppes, that they may receiue Inuestitures from him.]

45. In both these Decrees, as wel of Hadrian as of Leo, there is Anathema denounced to the violators thereof: Now Hilde∣brand was the first violator of them. The things which the Popes decree in their Consistory, in a full Synode, vnder Ana∣thema, are things which must be vnchangeably kept, or els there may be errours and vncertainty in the Decrees of his Holines, which the Iesuites will not confesse. But some of late presume, that the Popes first graunted these Inuestitures to temporall Princes, and that they haue no greater right or Title to them, then from the Popes gift: and the same authority, say they, which gaue them, may reuoke this gift. We answere, this was yeelded to Charles when he was first made Emperour, as the auncient right of the Empire. This is proued first, because in the same Distinction of Gr•…•…tian this is often called antiqua consuetu∣do,* 2.40 and prisca con•…•…uetudo: and cap. 18. Pope Stephen answereth that he deferred the consecration of a Bishoppe, Quod imperi∣alem nobis, vt mos est, absolutionis minimè detulit. Epistolam. And a little after, Uestr•…•… solertia, imperial•…•…, vt prisca dictat consuetudo,

percepta licentia, & nobis, quem •…•…dmodum vos scire credmus▪ im∣periali directa Epistola, tunc voluntati v•…•…strae de hoc parebimu•…•…. And againe: Non debet ordinari qui electus fuerit, nisi prius de•…•…re∣tum generale introducatur in regiam vrbem, secundum antiquam consuetudinem, vt cum •…•…ius scientiâ & iussion•…•… debeat ordina•…•…io prouenire. Then the Bishops of Rome themselues graunt, that this was the auncient vse and custome 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 haue the auncient rights of the Empire confirmed to him. Which thing is decla∣red by diuers Histories, especially by Theodoricus de Niem, who testifieth that the reason which drew Charles to Rome at that time was, to haue the right and auncient vses of the Empire clearely knowne. There was, saith he, a Synod holden by Pope Hadrian, and one hundred fifty three Bishops & Abbats, exqui∣rentib•…•…s* 2.41 vsus, leges, & mores eiusdem Ecclesi•…•… & Imperij That is: [Making search of the vses, lawes, and customes of the same Church, and of the Empire.] For all that could bee proued to be the auncient priuiledges of the Empire, was Charles to haue then to be confirmed to him, but then were Inuestitures confir∣med to him: therefore they were part of the auncient priuiled∣ges of the Empire.

46. Hincm•…•…rus Archbishop of Rhemes, liued and wrote about the yeare eight hundred sixtie. At what time without a∣ny question the auncient practise was continued of choosing Bishops by the consent of the King. For he writing to the Bi∣shops of France, saith of the manner of choosing Bishops. Con∣sensu* 2.42 principis terrae, qui res Ecclesiasticas diuino iudicio ad 〈◊〉〈◊〉 & defendendas suscepit, electione cleri at{que} plebis, quis{que} ad Ecelesi∣asticum regime•…•…▪ abs{que} vlla venalitate •…•…rouehi debet. That is: [By the consent of the Prince of the land, who by the Diuine ordi∣nance hath vndertaken the defence and preseruation of Ecclesi∣asticall causes: and by the election of the Clergy and people ought euery one to be promoted to the Ecclesiasticall gouern∣ment without Simony.] This then is the auncient right of eue∣ry Prince within his owne dominions. As the same Hincmarus* 2.43 saith afterward: Principi terrae magnoperè prouidendum est, •…•…e in

his Deus offendatur, per quos religio Christi•…•…na consistere debet. Marsilius Patauin. hath a testimony, which if it were of doubt∣lesse* 2.44 authority, might moue some doubt. For hee saith, that Pope Simplicius did forbid Inuestitures to bee taken at a lay hand, albeit, saith he, by that decree it is manifest, that his pre∣decessours* 2.45 exhibiting all due and humble reuerence to Princes, did vse to take Inuestitures from Lay-men. It is manifest by this, that Marsilius had seene a decree of Simplicius to this purpose. Which if it were the true decree of Simplicius, then were Inue∣stitures acknowledged the Princes right, long before Charles: but if that decree were forged, as doubtlesse it was, with many moe: Let the Romane forgery be acknowledged, and the Ma∣sters of that mint knowne. Howsoeuer, it is out of question that Inuestitures were acknowledged the auncient right of the Em∣pire by Ha•…•…rian: yeelded to Charles; graunted also by diuers Popes, as is apparant by their expresse confessions, of whome some were more auncient then Charles the great, and some since.

47. The reason why it should belong to temporal Princes is so great, that it moued Popes, Emperours, and Kings, to enter into the greatest and hottest contentions, the one to purchase a new title; the other to retaine their auncient right. For vntill the time of Constantine, wee finde little or no mention at all of these things, because the Iurisdiction was then vnmixt, this po∣wer coactiue was not then practised by the gouernours of the Church. But when Constantine had enriched the Church, giuen place and authority to Bishops: adding vnto that power which they had, a new part of Iurisdiction, which they had not before* 2.46 (as we haue declared.) And by this example of Constantine, o∣ther Emperours and Kings adding thereto; so that a temporall Lordship was added in the end to a▪Bishoprick: (which thing was first instituted by Otho the second Emperour, in the opini∣on of Cardinall Cusanus. For writing of this Otho, hee saith:* 2.47 C•…•…edidit perpetuis temporibus imperio subiectis p•…•…cem dar•…•… posse, si temporalia dominia •…•…am Rom. Ecclesiae, quam alijs adiungerentur,* 2.48 cum certi serui•…•…ij obseruatione, tunc enim cultus diuinus augmenta∣retur, religionem in magnam reuerentiam exaltandam credidit,

quando sanctissimi Episcopi magnae potentiae alijs Principibus inter∣miscerentur: A mixt Iurisdiction thus being committed to Bi∣shops: Then was it good reason, that Bishops haui•…•…g receiued such an externall coactiue power from temporall Princes; that these Princes should bee well secured of their fidelity to them, for so much of their authoritie, as they receiued from such Princes.

48. This example of gouernment, the first Christian Princes set vp in the Church, drawne from the gouernement of the Church of Iewes, as we haue said: so that Christian Kings haue the same power ouer Bishops, which the godly Kings of Israell had ouer the Priests in that state. From this ground riseth Ec∣clesiasticall Iurisdiction, which being taken by the first Christi∣an Emperours, from the example of the state of Israell, was con∣tinued by them and their successours, without: question or con∣tradiction, till the time of Hildebrand. For Gregory the first, speaking of this auncient right which Emperours had in his time and before, declareth that this right of theirs in placing of Bishops, was an order so auncient, so established, that the con∣trary thereof was neuer knowne or heard of in the Church. And therefore writing to Constantia August•…•…, he saith: Salonit•…•… ciui∣tatis Episcopus me ac responsali meo nesciente, ordinatus est: E•…•… fa∣cta res est, quae sub nullis anterioribus principibus e•…•…nit. Quod eg•…•…* 2.49 audiens, ad eundem praeuarica•…•…orem qui 〈◊〉〈◊〉 ordinatus est, protinus misi, vt omn•…•…no missarum 〈◊〉〈◊〉 celebrar•…•… nullo 〈◊〉〈◊〉 praesumeret, nisi 〈◊〉〈◊〉 à serenissimis Dominis 〈◊〉〈◊〉, si h•…•… fi∣eri ipsi iu•…•…sissent. That is: [The Bishop of S•…•…lone, was ordained without the knowledge of my selfe and my Chaplaine: And that thing is done which ne•…•…er hapned vnder any of the former Princes. Which when I vnderstoode, I sent presently to that 〈◊〉〈◊〉 which was inordinately ordained, that he should not in any case presume to celebrate Masse, vnlesse first I might vnderstand of my most serene Lords (the Emperours) whither they commaunded this.] Which testimonie •…•…is also cited Des•…•…. 63. to proue that the Emperors ought to chuse Bishops, as Ha∣drian acknowledged the right to Charles, and L•…•…o to Otho. Gregory saith, that the Bishop who i•…•…truded vpon that Church

not onely without his knowledge, but also without the con∣sent of the Emperour, should not be suffered to exercise his fun∣ction, before that he might vnderstand whether the Bishoppe had the Empero•…•…s consent herein: he saith also, that this pra∣ctise of intruding without the Emperours consent, was a thing neuer practised vnder any Prince before that time. Facta res est quae sub nullis anterioribus principibus euenit. For t•…•…at these wordes are referred to that intrusion without the Emperours knowledge, it is euident, because he saith not that this was ne∣uer practised vnder any Pope, but not practised vnder any Prince; and that he will send to the Prince, to know whether the Prince commanded this thing: and therefore hee calleth him a Praeuaricator that presumed to crosse this auncient right of Princes.

Then he condemneth a number of his successours for Pr•…•…ua∣ricators. Gregory knew well what he wrote, hauing the per∣fect Register of things of this kinde, done betweene the time of Constantine, and his time; therefore his testimonie maketh faire and full euidence, that this was the right of Christian Magi∣strates, long before Pope Hadrian did yeeld it to Charles. The same thing is also witnessed by the twelfth Toletan Counsell,* 2.50 which was h•…•…ld in the time of Pope Agatho in the yeare sixe hundred and eightie, that is long before that time wherein Hadrian yeelded this right to Charles, as the olde right of the Empire.

49. But Cardinall Baroniu•…•… striken with a strange fury in this question of Inuestitures, ventureth vpon a new and despe∣rat course, denieth all Antiquities, and bringeth a more shame∣lesse handling to these things, then euer was brought by any man before him: He denieth the whole, with all the parts of it, that is reported of Hadrian yeelding this to Charles: but most of all he breaketh all rules of patience and moderation a∣gainst Sigebert, because among many, he also hath reported this* 2.51 Storie: Sige•…•…ert (saith he) like an Impostor, first deuised and forged this tale, that Pope Hadrian yeelded Inuestitures to Charles; and this he wrote in the fauour of a s•…•…hismaticall Em∣perour. Why Baronius should put vpon Sige•…•…ert Imposture

and subornation, we see no reason; vnlesse it be that he thin∣keth, that if 〈◊〉〈◊〉 could be put to silence herein, there could no proofe appeare in all Antiquity for Inuestitures. If this be•…•… his meaning, he is much dec•…•…iued: for before this word Inue∣stiture was in vse, the Princes right was alwaies acknowledged. Long before Sigebert, the twelfth Councel of Toledo remem∣bred this thing, as we haue declared: and before that Coun∣cell Hincmarus; and before Hincmarus, Gregory the first wit∣nesseth, that it was a custome in his time so auncient, that the contrary had neuer beene heard of vnder any Christian Princes. Then if we should ad•…•…it that Sigebert had beene silent, yet the right of Princes in this thing, is sufficiently proued against the Pope.

50. But let vs heare what the Cardinall can say for himselfe: We must needes examine his proofes, because diuers other doe rest vpon his iudgement, and deliuer it peremptorily, that Sige∣bert hath deuised 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 leaue out nothing materiall, that hee hath brought for himselfe. First he telleth the Reader, that when he hath heard all the matter, he wil be forced to crie out, O Sce∣lus, O impostura▪ O Frau•…•…. I suppose that this will proue true in the end, that when the Reader hath heard all, he will exclaime, O villany, O k•…•…auerie, O cousenage: But why? For, saith 〈◊〉〈◊〉 [Sigebert perceiuing that he could not proue this by former Historiographers, what did he? Forsooth in the fauor of a schis∣maticall Emperour, who challenged Inuestitures, he thrust into his Chronography by fraud these wordes: Postea rediens Caro∣lus, Papiam c•…•…pit, it erumque Roma•…•… redijt, Sy•…•…odumque constituit cum Hadriano Papa, alijsque 15▪ 3. religiosis Episcopis & abbatibus, in qua Hadrianus Papa cum vniuersa Synodo tradidi•…•… •…•…i •…•…us eligen∣di pontisicem & ordinandi s•…•…dem Apostolicam, dignitatemque pa∣tritiatus: Insuper Archiepiscopos, Episcopos per singulas prouincias ab eo inuestituram accipere defini•…•…it, vt •…•…isi à rege laudetur & In∣uestiatur, à nemine consecretur.] Is it any rea son that a man who for almost fiue hundred yeares hath alwaies beene reputed an honest man, should now be called by a passionate Cardinall a

Knaue? Was there euer any man before Baronius that put this imputation vpon Sigebert? His memory in all ages since hee wrote hath beene famous for his learning, grauity, wisedome, and integritie: Sigebertus borum temporum s•…•…riptor (saith A•…•…en∣tinus* 2.52 speaking of those times wherein he wrote) vir alioquin eti∣am vt quisq̄ illa tempest•…•…te esse poterat, omnis diuini hum•…•…ni{que} i•…•…ris consult•…•…ssimus. That is [Sigeb•…•…rt a writer of these times, a man most skilfull in all humane and diuine Law, as any other what∣soeuer that could be found in that time.] Then it is not like∣ly that he should now be found vnhonest▪ that in so many ages hath passed for an honest man: And if the testimony of others that witnesse with him the same thing, be sufficient to cleare him, he will be cleared by a great Iury, and a firme verdict.

51. Frosard writing the French Storie, and collecting the a∣ctions of Charles the great, out of the ancient Stories of that na∣tion (and where can the actions of the French Kings bee better* 2.53 knowne, then by the Stories of that nation?) saith thus [Charles came to Rome at the request of the Pope, and there kept East∣er. And before he went away there was a Councell of one hundred, fiftie and three Bishoppes and Abbots: there Pope Hadrian by the consent of all the Councell, gaùe him the honour to chuse the Pope, &c. and that Archbishoppes and Bi∣shops should hold and haue their Seas by him.] Functius hath* 2.54 the same storie. Huldericus Mutius witnesseth as much. Sa∣bellicus saith, Hadriano autore decretum vt Carolus rex qui op•…•…i∣mè* 2.55 esset de Romana 〈◊〉〈◊〉 & Italia meritus, Pontificem l•…•…geret, &c. Par illi potesta•…•… de patritiat•…•… dando, de Episcopis prouinciatim* 2.56 eligendis, vt omnia demum irrita haberentur, nisi quae Carolus pro∣basset. Walthramu•…•… Bishoppe of Naumburg saith, Hadrianus Papa collaudantibus Romanis & pl•…•…na Synodo &c. Carolo M. &* 2.57 eius successoribus &c. sub anathemate concessi•…•… patr•…•…tiatum & inue∣stituras.

〈◊〉〈◊〉. I must entreat the Readers patience. For I am forced to cite these witnesses only for the iustifying of Sigebert, which o∣therwise might haue beene spared; if Baroni•…•…s had not brought Sigebert, as it were to holde vp his hand at the barre: vnreue∣rently raking vp the ashes of the dead, & disquieting the graue

of a man that •…•…as buried with honour, and hath res•…•…ed so many ages without disturbance, vntill the profane hands of Baromus light vpon his graue. It would be a matter of iust reproofe and reprehension in vs, not to be as courteous to the dead, as they are cruell against them: not to be a•…•… carefull for preseruing an∣tiquities, as they are to deface all a•…•…cient monuments that stand against them: not to be as resolute for the truth, as they are im∣pudent to maintaine f•…•…lshood. I must therefore proceed in pro∣ducing witnesses, who liued some since that time, and some be∣fore: that 〈◊〉〈◊〉 testimony may be iustified, his honesty clea∣red: and that t•…•…e world may see by what strong faction and pas∣sion, Histories are now written to defend the Popes Iurisdiction by defacing all ancient records that stand against it. 〈◊〉〈◊〉 de* 2.58 Babenberg hath written a booke, 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 graunted inue∣stitures* 2.59 to Charles in a Synod held at Rome. •…•…asciculus tempo∣rum written by Rollewinkins Warner, saith likewise of H•…•…drian: Iste Hadrianus &c▪ i•…•…s Carolo super ordinatione sedis Apostol•…•… & institutione Episcoporu•…•…, Abbatum, &c. in 〈◊〉〈◊〉 al•…•… concilio de∣dit. Marsilius Pataui•…•…s in diuers places doth witnesse the same* 2.60 thing, but more expresly in his booke d•…•… translatione Imperij, where he saith thus: Tune Hadrianus benefi•…•…ijs temporalibus di∣cti Principis allectus, 153 Episcoporum & Abbat•…•…m concilium R•…•…∣ma congregauit ibi{que} cum vniuersa Sy•…•…odo dedit ei ius, •…•…c. And so declareth the same thing, that inuesti•…•…res were confirmed to* 2.61 Ch•…•…rles. Rodulohus de Colum•…•… writeth a booke of the same ar∣gument, 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 Pauy to Rome. Pascha in* 2.62 vrbe celebrare constituit, assumptis se•…•…um 〈◊〉〈◊〉 & Abbatibu•…•… &c. inde Synodum habuit. Mat Palmerius speaketh to the same* 2.63 purpose. Ranulphus in his Polychronicon saith likewise, Hadri∣anus concilium 〈◊〉〈◊〉 in vrbe Roma cum Cl. patribus 〈◊〉〈◊〉* 2.64 Ca•…•…lo cui concessum est tunc ius in•…•…lectione Rom. Pontificis, & or∣dinandi sedem Apost•…•…licam, &c. To the same purpose speaketh Martinus, who is intituled Pap•…•… Primarius Capellanus. 〈◊〉〈◊〉

in speculo Historiali hath the same narration at full, of the* 2.65 siege of Papia, of Charles his comming to Rome, of the priui∣ledges graunted to Charles by Pope Hadrian in a councell, a∣mong which inuestitures are expresly named.

53. Nauclerus hath the same Story at large, declaring that* 2.66 Pope Hadria•…•… held a councel of one hundred and fifty three Bi∣shops and Abbats, by which Synod inuestitures were yeelded to Charles. Vpon which graunt, saith he, the French Kings to this day hold the same priuiledges in diuers Prouinces, and namely in Prouincijs Ce•…•…omanensi Rotomagensi & R•…•…mensi. What greater euidence can we seeke to proue that this thing was done, then such confirmation from such witnesses, and from such priuiled∣ges of the kingdome of Fraunce, that in the midst of Popery continued from that first priuiledge. The same Author witnes∣seth,* 2.67 that when Henry the fift Emperour came to Rome to ap∣pease this controuersie, for Inuestitures between the Empire and the Papacy, which was first raised by Hildebrand: that the Em∣perour intreated no more, then that which in publique recordes was continued the custome from Charles the great. Imperator, saith he, volens vti consuetudine & authoritate praedecessorum su∣orum, petebat sibi seruari ea quae pri•…•…ilegijs Carolo M. & succes∣soribus in Imperio iam per 300 annos & amplius concessa & obser∣uata fu•…•…runt. Ex quibus priuilegijs licitè per 〈◊〉〈◊〉 ann•…•…li, & virgae Episcopatus & Abbatias conferebant. [The Emperour desi•…•…ous to vse the custome and authority of his predeces•…•…ours, required that those priuiledges should bee reserued for him which were granted to Charles the great, and to his successours in the Empire, and obserued now for 300 yeares and more. By which priuiledges it was lawfull for the E•…•…perours to conferre Bishopricks and Abbacies, by Inuestiture of a ring and a sta•…•…e.] When the Emperour did shew these priuiledges, and claimed nothing but that which by publique recordes was confirmed to him: did any man then obiect that Sigebert had corrupted those euidences? When the Pope nor no man for him would or could plead this corruption then, it is too late and too grosse for Car∣dinall Baronius now to bring that plea. Against these knowne priuiledges of the Empire, Pope Paschalis at that time pleaded

nothing but Synodale decretum, saith mine Author: a late decree* 2.68 that the Pope himselfe had made.

54. Then we haue witnesses of all sorts, of all times since Si∣gebert. But if Baronius sit as Iudge in this cause, he will say all these are not able to moue 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 char∣ged to put the History of Pope Ioane a woman into his booke. And I am perswaded that the Cardinall is more passionate in this particular against Sigebert, because he reciteth also the Sto∣rie of Pope Ioane. For if they can cōuince him of a lie in any one thing, his report may be iustly weakened for other things. For Pope Ioanes matters I medle not, I leaue them to him who hath* 2.69 of late learnedly and painfully handled the same. I am now to cleare Sigebert from forgery in this point of Inuestitures. And because Baronius doth peremptorily assure vs, that no man be∣fore Sigebert did write it: we are to search the times before him. A man would think that the Cardinal so skilfull in Story as Ba∣ronius is taken to be, affirming so confidently that before Sige∣bert none wrote thus: and thereupon charging Sigebert of for∣gery (the most hainous crime that can be committed by a vvri∣ter of recordes) should be sure of one of these two things, that either in truth no Storie before Sigebert hath mentioned this; or if any haue done it, to expunge them so, that the truth might neuer come to knowledge. And to say the truth, all his confi∣dence (as likewise all the confidence of that side) consisteth in this new found vnblessed deuise of expunging ancient Authors. And yet for all their expurgatoriall tables and shamelesse shifts, this truth will not be hid. We must therfore 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 wee declared. Nay, saith Baronius, Gratian wrote after Sigebert, and hath transcribed this narrati∣on word for word out of Sigebert. That Gratian wrote after him, it is not altogether so cleare, for there is some doubt of the time when Gratian wrote. And if he wrote after him, it was not long after, for they liued together in one time. And Gra∣tian

so much respecting the Popes authority as he doth, so well read in antiquities as hee was, is very vnlikely to take a tale from Sigebert, which hee saw not confirmed by auncient wri∣tings, or to receiue a slight report from one of his owne time, and one of the Popes enemies, (as Baronius would make Sige∣bert.) But where he saith, that Gratian transcribed this from Sigebert, this wee vtterly denie: for that which Gratian saith hereof, if it be compared with that which Sigebert writeth, can∣not appeare transcribed, because there are diuers words in the one narration, which are not in the other. Moreouer, Gratian citeth another Author for it then Sigebert. Let Baronius bee Iudge, and Gratian the witnesse. Gratian citeth the Ecclesiasti∣call History for this narration, thus: Ex Historia Ecclesiastica, and then hee setteth downe the Story. But Sigebert wrote no Ecclesiasticall Story: therefore Gratian doth not transcribe this word for word out of Sigebert. The proposition is euident in all Editions of Gratian, yea euen in the Edition of Gregory the thirteenth, which the same Gregory commaundeth to be preser∣ued without addition or change in any thing. Ne cuiquam liceat* 2.70 eidem operi quicquam addere vel immutare, vel inuertere, nullaue* 2.71 interpretamenta adiungere, sed prout in hac nostra vrbe Roma nunc impressum fuit, semper & perpetuo integrum, & incorruptum conseruetur. In this Edition, that is with such caution and au∣thority set forth, this place of Gratian is cited, out of the Eccle∣siasticall Story. Now that Sigebert wrote no Ecclesiasticall Hi∣story, all men know his booke is intituled thus, Sigeberti 〈◊〉〈◊〉 Chronographia. Baronius acknowledgeth so much, and calleth it Sigeberts Chronography. Neither was it his purpose to write an Ecclesiasticall History, but a short and very succinct Chronography: neither hath it euer beene taken and reputed for an Ecclesiasticall History. Then Gratian citing an Ecclesia∣sticall History, citeth not Sigebert, but some other. And this is enough to cleare the matter against Baronius, that Gratian did not transcribe it from Sigebert.

56. From whom then did Gratian transcribe it? I say Baro∣nius is refuted, though I could not answere this question. But if we must answere, and make a further search: I answere, that

Gratian cyted this assuredly from Anastasius Bibliothecarius; who wrote the story of the Church, and the Popes liues. Ana∣stasius is extant in Print, A•…•…. one thousand, sixe hundred and two, Moguntiae. This was long after that Baronius had vnder∣taken, that none before Sigebert wrote thus. In this Edition of Anastasius there are diuers references in the Margent to the Annals of Baronius: so that we are not to looke for any helpe from this Edition; Baronius hauing done his lust vpon it, and so many eyes watching, and handes working, to see that no∣thing may come to light, which may disproue that which Baro∣nius hath once with such confidence vndertaken. But these workes of darkenesse, though neuer so cautelously handled, will be found out, and bring shame vpon the workers. For* 2.72 Platina witnesseth that Anastasius Bibliothecarius wrote this, that Pope Hadrian yeelded this right to Charles the great. His wordes are these: Bibliothecarius scribit Lodouicum liberam e∣ligendorum Episcoporum potestatem Paschali 〈◊〉〈◊〉, cum antea •…•…a quo{que} in re Imperatores consulerentur: quam potestatem ab Ha∣driano Pontifice Carolo concessam, idem autor refert. That is, [Bibliothecarius writeth that Lodouic graunted to Pascalis the free choise of Bishoppes, when as before that time the consent of the Emperours was required in this thing: which power the same author Bibliothecarius declareth that Pope Hadrian gaue to Charles.] Then we are certified that Anastasius wrote it. And though this late Printed Anastasius haue it not, yet that dooth not impaire our cause, but our aduersaries: and dooth testifie before God, Angels and men, the execrable impietie of them who like Giants fight against God, and truth, expunging and defacing auncient Records. Then Platina assureth vs that A∣nastasius wrote it, and therefore Sigebert was not the first re∣porter of it.

57. Theodoricus de Niem doth also witnesse, that this same narration was transcribed by him, out of an auncient Copie written so long before his time, that for age the Bookes and places where they were kept were almost consumed, hac scripta reperiuntur (saith he) i•…•… antiquissimis Bibliothecis, & poene praeni∣mia* 2.73 vetustate, consumptis: In which Bookes he found it written

thus: Carolus rex ingressus Italiam, Papiam obsedit &c. Post haec reuersus est Romam, vbi constituta est sancta Synodu•…•… a beato Papa Hadriano in Palati•…•… Lateranensi, videlicet in Ecclesia sancti Salua∣toris, qua reuerendissi•…•…è celebrata est ab 153. viris religiosis Epis∣copis, abbatibus &c. ab vniuersis regionibus & ordinibus almae vr∣bi•…•…, •…•… cuncto etiam clero huius sanctae Rom. Ecclesiae, exquirentibus usus leges, & •…•…res eiusdem Ecclesi•…•… & imperij: Where the same testimony for Inuestitures followeth at large. This mans* 2.74 credite hath not beene called in question, for ought that I could finde: and there can be no reason to except against him, being the Popes Register, or in some chiefe place vnder him for wri∣ting. And the better to declare the truth and fidelity of this man, it is worth the obseruing, that he hath with exact care re∣corded where he found these antiquities, naming the place where these bookes might haue beene seene of all men, at that tim•…•… when he wrote, for before his booke he writeth thus: In∣cipit* 2.75 descriptio de Inuestitura Episcopatuum regum Teutonicorum ex quodam antiquissim•…•… libro Florentino per me Theodoricum de Niem Lit•…•…rarum Apostolicarum scriptorem & abbreuiatorem re∣perto, dum Dominus Papa Iohannes 23. illi•…•… cum curia sua reside∣ret, fide liter extracta, & sequitur de verbo ad verbum prout in dicto libro videbatur scriptum.

58. This man then liuing in the time of Iohn the three and twentieth, being the Popes Register or Secretary, or in some such office, dealeth faithfully: For this extreame impudencie was not then knowen in the world, which is now so much pra∣ctised in the Court of Rome. We haue also declared from the testimonie of Nauclorus (whom Iohn Reuclin, a man so much reuerenced for learning in his time, did so much reuerence for fidelity, and diligence, as appeareth by that Preface which the same Reuclin hath set before Nauclers historie) that this questi∣on of the Emperours right for Inuestitures came to a hearing and examination betweene Henry the fift Emperour, and Pope Paschalis the second, where the Emperor shewed records, proo∣uing for three hundred yeares before his time, the custome of Inuestitures to haue beene continued from Charles the great. On the other side for the Pope, there could nothing be shewed,

but Synodale decretum: Some decree which Hildebrand or some Pope after him did make. Moreouer vpon that Canon of Gra∣tian, which before we cyted there is reference to Iuo Carnoten∣sis, Lib. 8. de Election. Rom. Pont. So that it seemeth that Iuo also wrote this before Gratian. Howsoeuer it be, we haue witnes∣ses enow to proue Sigebert an honest man, and yet haue wee iust cause to exclaime: O s•…•…lus, O impostura, O fraus! For when we finde the mouth of antiquity stopped, the testimonies of ap∣proued writers partly reiected as impostures, only because they make against the Popes Iurisdiction: partly expunged by sacri∣legious hands, and malicious and cruell hearts, that the truth by all meanes may be defaced, and falshood adored and main∣tained by a generation, framed and fashioned to vanity and vn∣truth;* 2.76 appearing with the countenance and haire of women, that is, of Harlots for their impudency, with the teeth of Lions for their cruelty, with the tailes of Scorpions, for their stinging and expunging of auncient Authours, leaning the Markes of their poysoned strokes in all bookes which they handle: haue we not then iust cause to exclaime, O profound villany, O admi∣rable cousenage, O Antichristian imposture, drawen from the depth of Sathans pollicies! 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 Authour, but that the true markes of that Narration remaine still in his booke, as presently we shal declare. But behold into what wretched times we are now fallen: for we cannot write for the truth without feares, least we should by conuincing falshood giue an oppor∣tunity to falsifiers to worke more falsly. For who can warrant vs that this which we haue produced, shall not hereafter bee cleane expunged out of these Authors, that no memory in anti∣quitie may remaine against them? And when they haue corrup∣ted all auncient Recordes, and their posterity shall triumph in the wickednesse of their Fathers; then our hope is that Christ from heauen will shew himselfe, and will not suffer that King∣dome long to indure, which standeth vp by no other suppor∣ters then falshood and vngodlinesse. These outragious practi∣ses

against the truth, cannot but raise vp the spirits of GODS children, to an earnest longing and expectation of Christs com∣ming to deliuer his truth, out of this captiuity and filthy prison wherein vnrighteous men seeke to holde it downe suppressed.

59. Baronius proceedeth: and telleth vs that Eginhardus saith, that Charles came but foure times to Rome, then Baroni∣us laboureth to proue, that this thing could not be done at any of those times. We answere; It is enough for our purpose if Charles came but once to Rome: for all those Authours which I haue cyted doe proue, that this was done in his first iourney to Rome, before he went to the Saxon warres. And if he thin∣keth reason to denie the truth of this Narration, because Egin∣hardus 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 Vniuer∣sity of Paris by the helpe of Al•…•…win an English man, and Iohn Mailrose a Scottish man, and yet this is recorded by others, whose credite is nothing impaired by the silence of Eginhardus. Baronius doth also obserue, that all that wrote before him, did not refel Sigebert for an Impostor, but only say that those things were graunted by Hadrian, but reuoked by other. We answer, it had beene much more for his credite, if he also had kept the same moderation, which all before him haue done. But now for an especiall seruice to the Pope, hee hath by his owne con∣fession pulled vp an olde hedge, which no man stirred before him, and therefore it is no maruell if a Serpent bite him: and* 2.77 that in stead of a graue and faithfull Historiographer, hee pur∣chase the iust imputation of a factious writer, stuffed with in∣vectiues, betraying, professed partiality, an euill heart, a corrupt and pernitious resolution, to deface all antiquity that standeth against his purposes.

60. But he proceedeth, and asketh how this Councel should be called of a sudden? And whence should so many Bishoppes and Abbots be so soone gotten together? A goodly question. These trifling obiections serue to no other end, but to helpe to conuince him, that dare contradict so many witnesses with so small shew of reason. But as in the examination of theeues

and Felons many things fall from themselues at vnawares, by which their falshood is conuicted, so by this question he draw∣eth an ineuitable conuiction vpon himselfe: for Charles purpo∣sing to hold a Councell, brought these Bishoppes and Abbots with him to Rome. And thus Anastasius witnesseth; for they haue left such markes in the Printed Anastasius, as doe plainely shew wh•…•…re he was stunge with the Scorpions taile. For thus saith this printed Anastasius: Dumper sex mensium spatium ipse Francorū Rex Papia demoraretur, in obsidione ipsius ci•…•…itatis, mag∣num* 2.78 desiderium habens ad limina Apostolorum approperandi &c. Tunt abstollens secum diu•…•… sos Episeopos & Abbates, & iudices &c Cum pluribus exercuibus Romam per Thusciae partes proper auit. That is [Whilst Charles stayed sixe moneths in the siege of Pa∣uie, hauing a great desire to approach to the doors of the Apo∣stles, &c. Then taking with him diuers Bishoppes, and Abbots, and Iudges, &c. Hee cam: by the parts of T•…•…uscia with many Armies to Rome.] Where we see, that they who expunged A∣nastasius (as Theeues vse to doe in the like case) haue left such markes behinde them, as are sufficient to conuince them: For to what end did Charles bring so many Bishops, and Abbots, and Iudges with him to Rome? This sheweth euidently that he had a purpose to hold a Councell. And because Baro•…•…ius ask∣eth this question, whence came so many Bishoppes and Abbots of a sudden? We can soone answere him: Anastasius witnes∣seth, that Charles brought them with him, as purposing this thing aforehand. But we aske him a question which hee will neuer assoile vs, Why did Charles bring so many Bishoppes and Abbots to Rome? Anastasius witnesseth, that hee brought a number of Bishoppes and Abbots to Rome: so that either Ba∣r•…•…ius and the Expurgatours should haue spared Anastasius, and not expunged that which he had written of the holding of this Councell, or this should haue beene also expunged, which he writeth of the preparation of that Councell. Againe these words which are left in Bibliotheoarius, of Charles his comming from Pauy, doe further conuince Baronius, and detect the pur∣pose offalsifying: for Baronius wil not admit that Charles came to Rome at this time from Pauie, because Eginhardus faith, he

was but foure times at Rome, and this could not be done at his first iourney, because from the expugnation of Pauie, he went presently to the Saxon warres: and thus he proceedeth, vexing his reader with winde, and wordes lighter then winde. Though he be deepely to be charged for this light and vaine reasoning, yet his great and grosse fault wherein he was so grossely ouer∣seene, is, that in cutting Anastasius, he cut not deep enough: For Anastasius in the wordes that are left, doth expresly declare, that Charles came from the siege of Pauie to Rome, which Baronius denieth and that he brought many Bishops and Abbots with him. Thus both by cutting out of Anastasius, that which Pla∣tina witnesseth he wrote, and by leauing in Anastasius that which doth proue so much, and testifie their falshood: they are conuinced to be corrupters of antiquities, and new forgers of nouelties.

61. Baronius perceiuing that all this that he hath said will not helpe him, vnlesse he proceede further to refute likewise all that Gratian saith in the next Canon, In Synodo: goeth on, and vndertaketh also to refute it: For what other thing can he do, that hath once broken the bounds of modesty and moderation, but proceede to a resolution in impudency? Gratian cyteth the Canon of Pope Leo, who gaue Inuestitures to Otho as Hadrian did to Charles. Baronius denieth that Pope Leo wrote so, as Gratian cyteth him: what authority can be produced to sa∣tisfie these men? VVe bring the testimonies of Popes, we bring them cyted by such as were the greatest maintainers of the Popes Iurisdiction, and yet it will not satisfie: Why? No reason is brought, but it standeth not with the liking of the Court of Rome in these daies. He saith, that the name of Inuestitures was not knowen in that age, wherein Charles liued: But how doth he proue that? No proofe is brought: and what neede he bring any proofe, seeing there are many that are readie, to take all that he saith without proofe? Concerning the name of inuestitures, the Ciuilians are herein resolued, and peremptory, that it came from the Lawes of the Lumbards, as did also all the Lawes, De feudis. For of these things there is nothing found in the auncient Romane Lawes, nor in the later Imperiall

Lawes, vntill the gouernment of the Lumbards was raised. And therefore it is certaine, that before the gouernement of the Lumbards was erected in Italy, this word Inuestiture, can not be proued to haue beene in vse. 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 ouerthrowne by Charles, after that they had raigned two hundred and foure yeares in Italy, and had possessed all Italy in a maner, except on∣ly* 2.79 the City of Rome, as diuers Authors doe witnesse) it can not* 2.80 be chosen but that in the time of Charles this word was in vse. And when we haue of the one side good reason, the testimonie of histories, the iudgment of Lawyers, concurring with the ex∣presse wordes of the Popes Canons which vse the same word: shall it be thought a sufficient refutation on the other side, to say the word was not then vsed, and bring no reason thereof? Then this thing was vsed in Charles his time, and the name of Inuestitures knowne. The same thing was vsed long before Charles his time, but not vnder the name of Inuestitures. This name, and the ceremonie of a staffe and a ring came in by the Lumbards. Then whether we consider the thing without this new name and ceremony, or with it: wee finde it alwayes the Princes right. Thus Sigebert is iustified, the truth tried, and the Knaue knowne.

62. Now to come to the Kings of England, as their autho∣rity was no lesse then the authority of other Princes in their Kingdomes, so more we seeke not. And therefore whereas a certaine Catholique diuine, telleth vs, that Henry the first cha∣lenged* 2.81 Inuestitures, as vsed by his father and brother before him, whereof yet (saith he) we finde no expresse proofe, or ex∣ample in any of our Histories, that they had vsed them, much lesse that they were lawfully graunted: how strange is this dea∣ling? beseeming none but such as he is. For is not this proofe good and sufficient, when the King chalengeth no more, then that which was in fresh memory and vse in his brothers dayes, and fathers? When wee finde so many testimonies of Story, of Councels, of Popes, that there was no other right of giuing In∣uestitures knowne through Christendome, then the right of

Princes: shall base persons quarrell the testimonie of a King, founded vpon such proofes? Let the world iudge of the lear∣ning of him who writing hee knoweth not what, will tell vs that the sense, deuotion, and iudgement of the world, was ne∣uer to the contrary: fancying conclusions like a dreamer, not prouing like a disputer. Now touching the particular of Hen∣ry the first, it is certaine that hee began no new custome, but Pope Paschalis the second, began to debarre him from that an∣cient custome and right, which he and his Elders had alwayes vsed.

63. For thus Roger Houeden reporteth: In the yeare of* 2.82 Christ one thousand one hundred and three, a great dissention grew betweene King Henry and Anselme Archbishop of Can∣terbury: because the Archbishop would not consent that the King should giue Inuestitures of Churches. Neither would he consecrate those Bishops to whom the King gaue them. Be∣cause the Pope had forbid him & all the rest to do so. Quia A∣postolicus (saith he) sibi & omnibus interdixerat. And againe he saith: Quibusdam ad hoc nitentibus, vt Rex eas faceret more patri•…•… & fratris sui, non iuxta praeceptum & obedientiam Apostoliei. [Because the Pope had forbidden him & the rest, &c. Some per∣swaded that the king would make Inuestitures after the custome of his father and brother: and not according to the precept and obedience of the Pope.] Where note, that it is not the Kings 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 onely the new Precept of Pope Paschalis. The same Au∣thor declareth also, that these customes and prerogatiues were not imposed by the King, but sought out with exact care & di∣ligence by the Bishops & Barons iointly. For speaking of these customes in the time of Henry the second, he recordeth an Epi∣stle which the Bishops of the Prouince of Canterbury wrote to Thomas 'Becket, wherein they testifie thus much: Ne super his* 2.83 contentionis funis tra•…•…eretur in posterum, noticie publica delegari, ad iuratis ita{que} per sidem, & per eam quae in Deum spes est, maio∣ribus natu Episcopis, alijs{que} Regni maioribus, retroacti temporis in∣sinuato

statu, dignitates requisitae palam prolatae sunt, & summor•…•… in Regno virorum testimonijs propalatae. [Least this occasion of contention should proceede any farther heereafter, it was brought to publique triall. Therefore the most auncient Bi∣shops, and other Barons of the Kingdome, tooke an Oath by their faith, and by that hope which they haue in God to make a true search, whereupon looking into the times past, the priui∣ledges of the Kingdome were sought out, and published, and divulged by the testimonies of the greatest persons in the King∣dome.] Then these customes and auncient priuiledges of the Kings, were sought out by the grauest, and most learned of the Bishops and Barons: they were sworne to deliuer the trueth, as they should finde it in the auncient Records of the land. After all these expresse proofes a masked Romane Catholique telleth vs, that no proofe heereof is found in all our Stories. If this mans Catholique diuinity were examined (as when opportuni∣ty serueth it shal be) it will appeare, that it consisteth of extreme confidence and impudency patched vp with a fewe smooth words, without knowledge of Diuinity, or of solid learning.

64. After this Calixtus held a councell at Rhemes, wherein hee condemned all Inuestitures taken from a lay hand. With this Pope, Henry the second King of England, met in confe∣rence at Gisars in Fraunce. The King pressed the Pope, that he might no•…•… be disquieted in his auncient right, that the auncient Lawes and customes of his Kingdome, might be kept inuiola∣ble, as in the time of his progenitours they were. The Pope hauing nothing to say against these auncient customes, drew the King into another matter, intreating the Kings fauour for Thurstinus Archbishop of Yorke, that he might be restored to his place, for the King had depriued him. The King answered, that he had sworne the contrary. The Pope replied; but I am Pope, and if you will doe as I bid you, I will absolue you from your Oath. Ego Apostolicus sum, & sifeceris quod ego postulo, ab* 2.84 hâc fidei sponsione te absoluam. This was the olde practise of abu∣sing Kings. And it was not much to be meruailed, if some kings were then blinded, when they were led by such guides. Houe∣den doth likewise declare, that the Decrees of that Councell of

Rhemes, were sent to the Emperour Henry. The Emperours answere was: Nihil in his se praetermissurum quod sui iuris esset,* 2.85 suorum{que} sibi contulit antiqua consuetudo progenitorum. That is: [That he would loose no part of that his right, which the aun∣cient custome of his progenitours had conferred vpon him.] And afterward, saith Houeden, other things he graunted; Ulti∣mum vero, scilicet Inuestituram rerum Ecclesiasticarum, conce∣dere noluit. [The last thing, that is to say Inuestitures of Eccle∣siasticall dignities, he would in no case graunt.] Then it appea∣reth that antiquity, custome, and the right of their progenitors stood for the Princes of this age, and against them was nothing but the bare will, and new commaundement of the present Popes, herein falling away not onely from the auncient vse be∣fore, but from the sense, knowledge, confession and iudgement of the auncient Popes.

65. I stay the longer vpon this point, and am more willing to search the truth herein, because it is a matter of especiall im∣portance concerning this question of Iurisdiction, which wee seeke to know. For Robert Persons the masked Catholique di∣uine confesseth in effect thus much, that if wee can proue that Inuestitures belong to temporall Princes, we haue in his iudge∣ment questionlesse obtained the cause for which we striue. Let* 2.86 me set downe his owne words. [Three things, saith he, do con∣curre in making of a Bishop by diuine and Canon law, to wit, election, confirmation, and consecration. The first, to wit ele∣ction, when it is iustly made, doth giue right to the elected to pretend the second and third, &c. Yet can he not vpon his on∣ly Election, exercise any part of his office of a Bishop either in Iurisdiction or order. But when he hath the second part which is confirmation, and induction to the benefice, which is proper∣ly called Inuestiture; then hath he Iurisdiction vpon those peo∣ple, and may exercise the Acts thereof by visiting, punishing, or the like: but not the Acts of order, vntill he haue consecration also, that is to say, he cannot make Priests, nor administer the Sacrament of confirmation, &c. And a little after he saith: the second which is confirmation and giuing of Iurisdiction, must onely proceede from him, that is the fountaine of all spirituall

Iurisdiction vnder Christ, which is the Bishoppe of Rome, or some Metropolitane or Bishoppe vnder him, that hath authori∣ty and Commission from him. Thus much the Catholicke Diuine.]

66. I forgiue many particular escapes in this short discourse, not spending time in the examination of by-points, I would meete him there, where he thinketh himselfe strongest. For where he saith, confirmation, which also he calleth induction, or which properly, as he graunteth, may be called Inuestiture, giueth Iurisdiction: this we yeeld. And then heere wee ioyne issue with olde Sir Robert, in that part of his Collection, where∣on he layeth his greatest hold; and are content to trie the whole* 2.87 cause thereon: whether Inuestiture, which by his confession, and the doctrine of his Church, and the consent of all, giueth Iurisdiction, belong of ancient right to the Pope, or to tempo∣rall Princes. If he be able to proue by any auncient, full, cleare, vnsuspected witnesse, that the Popes within the space of the first thousand yeares, or before Hildebrand, either had that right, or did practise, or so much as challenge that right: I will for my part yeeld the cause, and will confesse mine errour, if thus much be euidently euicted. But seeing we haue proued by vndoubted Histories, by the consent of Popes themselues, by the Decrees established in Councels, that this was an auncient right of temporall Princes, called Prisca consuetudo by Pope Ste∣phen, Antiqua consuetudo by another: that the contrarie was neuer heard of vnder any Christian Prince, confessed by Grego∣ry the first: Then hath he reason either to yeelde vs the cause wholly, or to reuoke his wordes againe, that Inuestiture giueth Iurisdiction.

67. Then the right of Inuestitures standing as the auncient right of our Kings, being neuer questioned in Christendome, before the time of Pope Gregory the seuenth, neuer questioned in this land before the time of Henry the first, that King had reason to pleade the vse of his father and brother for himselfe; because it being a thing quietly possessed by them, was, out of doubt, peaceably inioyed before them, because before them the Popes neuer made title thereto. Now concerning the tumults,

warres, blood, and confusion in Christendome, both in the Church and temporall states, which for this quarrell the Popes procured, for fiftie yeares together, as Malmsbury witnesseth; of this it is not my purpose to speake. It is enough for mee to* 2.88 open the time when it began, and before which time it was ne∣uer challenged by any Pope, and to declare that the Popes late practise is condemned by the Iudgement of the auncient Church.

§. V. Exemption of criminous Clerkes.

68. OVr purpose being to take a suruey of that Iurisdi∣ction which we finde challenged by Popes, at and somewhat after the time of the Conquest of England, at what time the Popes power was at the highest: we are to consider in the next place Exemption of criminous Clerkes; for as Inue∣stiture of Bishoppes began then to be claimed, so about these times crept exemption of the Popes Clerkes, which is taken to be another part of this Iurisdiction. My purpose is not to speake of lawfull exemption of the Clergie: for both Diuine and humane lawes approue such immunities, without which, how could the Clergie attend vpon their heauenly businesse? These immunities which Emperours and Princes haue giuen to the Church, the Church ought to inioy without disturbance, and to withdraw such immunities, were high sacriledge and impiety against God and his Church. But the question is not of these immunities which Christian Kings haue giuen to the Church, but of those immunities, which the Pope without the leaue or authoritie of Princes, hath bestowed out of his fulnesse of power vpon the Clergie which liue vnder the gouernement of other Princes, by which the Clergie inioyed a protection from punishment for any sinne: This is the thing for which they are not ashamed to striue euen at this day, as earnestly as they did in the midst of blindenesse. This thing will be better knowne if we search the originall foundation of this errour, from the beginning, and the occasion by which it grew in the

Church. For now this opinion is, and for some late hundred yeeres hath beene so rooted in the Court of Rome (that the Clergie though neuer so much offending by murther, treason, theft, robberies, or such like, is priuiledged from all temporall Courts of Princes, and punishment from the Laity, vnlesse first the Church proceede against them, and make them no Clerks) that they are perswaded both of the truth and antiquity hereof, as of a point of faith: the occasion grew thus.

69. The first auncient and famous Emperours did out of their godly and zealous affections: and as we may well iudge, vpon good reasons to helpe the Church, and to preserue disci∣pline, ioyne the aide of their coactiue lawes, to the spirituall censures of the Church: ordeining that whosoeuer by the go∣uernours of the Church could not be brought to obedience and order, should by the seuerity of temporall punishment be reduced to obedience. The vsuall punishment which. Empe∣rours did inflict vpon Clerkes, was deportation: So did Con∣stantine the great punish Eusebius Bishop of Nicomedia, and* 2.89 Theognius Bishoppe of Nice. And albe it some were threatned* 2.90 with capitall punishment, as appeareth by a Letter which Con∣stantine wrote to the Bishoppes of the Nicen Councel, recorded by Socrates, and inserted in the first Tome of Councels: yet the vsuall censure of the Emperour was exile. This kind of punish∣ment was often inflicted by other Emperors vpon Bishops: the examples are famously knowne, and acknowledged, I need not to speake of them. Insomuch that it began to be enacted by Emperours to be a law, that all of the Clergie that offended might know their punishment: for that Constantine by whose authority the sixt Synode at Constantinople was held, in a De∣cree* 2.91 inserted in that Councell, saith: Si quidem Episcopusest, vel Clericus, vel monachico circundatus habitu, deportationis paenam exsoluet. Car•…•…omannus in a French Synode decreeth imprison∣ment:* 2.92 Si ordinat us presbyter fuerit, duos annos in carcere perma∣neat. These punishments were inflicted vpon such Clerkes, as would not be ordered by Ecclesiasticall censures of their Bi∣shoppes; for so Guntranus doth testifie, a French King, by whose authority the Councel of Matiscan was held: Quicun{que} Sacerdc∣tum* 2.93

(saith he in a Writ added to that councell) aut saecularium in intentione mortifera perdurantes crebrius admoniti, si se emenda∣re neglexerint, &c. alios canonica seueritas corrigat, alios ligat•…•…s paena percellat. And a little after he saith: Conuenit vt iustit•…•…ae & •…•…quitatis in omnibus vigore seruato, distringat legalis vltio iudi∣cum, quos non corrigit canonica praedicatio Sacer dotum.

70. Then the ancient practise was, that the temporall Ma∣gistrate should punish such as offended of the Clergy, as well as of the Laity. Concerning the antiquity of this exemption of Clerkes from temporall Courts: wee finde no president for it, all the while that the Emperours had any gouernement and commaund in Italy. But when the Pope was able to meet the* 2.94 Emperour in battell, and giue him the worse, then began the authority of the ciuill Magistrate to decay in Rome, and fell at* 2.95 the last into contempt. And the Pope hauing cast off the yoak of obedience, which before he held to the Emperour as to his So∣ueraigne, began to take an authority to himself, which neither God nor man had giuen him. Hence proceeded that vsurpati∣on of power to giue Lawes to other. Pope Nicholas the first, in the eight hundred and threescore yeare of Christ, writeth in his Epistle to the Emperour Michael, in another stile, then his pre∣decessours had vsed to write to Emperours before. Among other things contained in th Epistle, whereas the Emperour had written for a Clarke that had offended him, and was fled to the Pope; whom the Emperour required to be sent back again to Constantinople, Pope Nicholas to this maketh this answere. [Wee haue from the great power of Peter and Paul right and* 2.96 power to call Clerkes from any other Diocesse, if wee thinke good, and to inuite them to vs. This is our right: but Christian Emperours haue no right at all to make any inquisition for Monks, vnlesse it be in fauour to pity them.]

71. Here we obserue the difference betweene the spirits of Popes in this time, and the spirits of auncient Popes who held the doctrine of obedience, as the Fathers then did, drawing the doctrine from the Scripture and examples of Christ and his Apostles. Christ when he was vniustly condemned, exempted not himselfe from the punishment of the ciuill Magistrate, and

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yet he wanted no power to haue done so, if hee would. These late Romane counterfait Catholiques, when by their rebellious doctrine and bloudy practises, they haue iustly 〈◊〉〈◊〉 the Magistrate against them, yet forsooth will denie him authority to punish them. Saint Paul teacheth: Let euery soule be sub∣iect* 2.97 to the higher powers. S. Peter teacheth the same doctrine, Submit your selues to all manner ordinance of man. The Fa∣thers* 2.98 receiued this doctrine from the Scriptures, and preserued it faithfully in the Church. Chrysostome, and after him Oecume∣nius expounding that place of 'Paul, say thus: Omnem animam* 2.99 instruens, siue Sacerdos sit quispiam, siue monachus, siue Apostolus, vt Magistratibus subdatur: nam haec subiectio non euertit piet•…•…∣tem. A learned man of late (which also was Pope) speaking of these words, Omnis anima subdita sic, &c. saith: Nec animam* 2.100 Papaeexcipit. So doth God sometimes draw testimonies for the truth, out of the mouthes of them that oppugne it. The aunci∣ents helde this truth vp in great sincerity. Gregory Nazianzen saith: Homines cuncti &c. All men are ordered in subiection* 2.101 vnder the higher powers. Hee that saith all men includeth the Pope and his Clarkes. Augustine saith: Generale pactum est so∣cietatis* 2.102 humanae obedire gregibus suis. Leo the first saith: Ad im∣perialem pertinet potestatem v•…•… perturbatores Ecclesiae, pacis, &* 2.103 reipub. quae Christianis principibus merito gloriatur, inimici, sollici∣tius 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 certaine of the Clergy, who embra∣ced the errour of Eutyches. Then in the time of Pope Leo, this was not the doctrine of the Church of Rome, which now these Romane Libertines haue brought in. Gregory the first writeth to the same purpose: Potestas super omnes homines dominorum me∣orum* 2.104 pietaticaelitus data est, vt qui bona appet•…•…nt adi•…•…uentur, vt cae∣lorum via largius pateat, vt terrestre Regnum coelesti Regnofamu∣letur. In the same Epistle, he induceth Christ thus speaking to the Emperour: Sacerdotes meos tuae manui commisi. Then Gre∣gory knew no other doctrine but that Priests were subiect, & by Christ subiected to the Magistrate. And whereas the Emperour commanded a law to be executed, which Gregory misliked: hee

writeth thus to the Emperor. Ego quidē iussioni tuae subiectus ean∣dem* 2.105 legem per diuersas terrarum partes transmitti feci: That is, [I being subiect to your cōmand, haue caused that law to be sent to diuers Prouinces: but because the law consenteth not with the law of Almighty God, behold I haue signified the same by my letters to your most excellent Lordship: so that on both parts I haue payed what I ought, for I haue yeelded obedience to the Emperor, & haue not cōcealed what I thought for God.] Then Gregory knew no exemption, he accounteth himselfe a∣mong them that owe subiection and obedience to Emperors.

72. Concerning the punishment of Heretiques & Schisma∣tiques that were criminous, there was no other means knowne in S. Augustines time, then the coactiue power of the ciuil Magi∣strate. For thus he saith: Si nec hoc volunt Donatistae, &c. [If the* 2.106 Donatists will not grant this power to the Emperour, why doe they acknowledge the force of the Lawes to be iustly executed against other malefactors, and deny the same to be done against hereticks and Schismaticks, seeing by the Apostolicall authority they are all alike numbred with the same fruits of iniquity? Must not these humane ordināces regard such things? Why then doth he beare the sword? &c.] Thus saith Augustine: And in the same place he declareth that there is one law imperial general against all that professe thēselues Christians, but are not true Catholicks, but keep priuate conuenticles, that either he that ordaineth such a Clerke, or the Clerke so ordained, should loose ten pounds of gold, & the place where such conuenticles were kept, should be forfeited to the Emperors Exchequer. And againe he saith thus.* 2.107 M•…•…rantur quia cōmouentur potestates Christianae aduersus detestā∣dos dissipatores Ecclesiae. Si nō ergo mouerentur, quomodo redderent rationē de Imperio suo, Deo? And much more he saith to this pur∣pose. Frō these few places of August. we obserue: First, that in his time there was no doubt made among Catholicks, but that the Magistrate should punish criminous Clarks, by his coacti•…•…e po∣wer. Otherwise they could not rēder to God an account of their gouernment: which standeth full against the doctrine of the pre∣sent court of Rome. 2. That they who first sought priuiledges & exemptions from the sword of the Magistrate were Donatists.

wherein the Court of Rome succeedeth them, taking other er∣rours from other filthie heretiques, and this from the Donatists.

73. This was the auncient Doctrine: but now at Rome they teach the contrary. Bellarmine saith, that such Clerkes as are within the Dominions of any King, are not subiects to that King, meaning that they are the Popes subiects, and therefore not the Kings. He saith also that Clerkes owe no obedience to Kings, neither by Gods law, nor mans. Non sunt amplius Reges Clericorum superiores, & proinde non tenentur iure▪ Diuino, nec hu∣mano,* 2.108 eis parere, nisi quantum ad leges directinas. That is [Kings are not now any more Soueraignes of Clerkes; and therefore Clerkes are not bound to obey them by Gods Lawe or mans law, vnlesse it be in respect of lawes directiue.] What his mea∣ning is by lawes directiue, he expoundeth thus: That Princes haue no coactiue power ouer the Clergie, but onely power di∣rectiue. If the Prince direct some things for the good of the Common-wealth, Clerkes (saith he) are to obey such directions;* 2.109 but he addeth: Nec volumus dicere his legibus teneri Clericos ob∣ligatione coactiua, sed solum directiua, vt sunt leges principum: quanquam ijsdem legibus, vt ab Eeclesia approbantur, & rataeha∣bentur, etiam coactiua obligatione teneantur. [Wee graunt not, saith he, that Clerkes are bound by these lawes of Princes, in a bond coactiue, but onely directiue, as they are lawes of Princes. Albeit the same Lawes being approoued and ratified by the Church, bindeth Clerkes in a bond coactiue.] By this new and admirable doctrine, Princes hane no coactiue power ouer their Clergy, but the Church hath coactiue power ouer them: by the Church he meaneth the Pope here: and therefore compa∣ring the lawes of Princes with the Popes Canon lawes, he saith; Legi Canonicae etiam in causis criminalibus c•…•…dere debet lex impe∣rialis. That is, The imperiall law ought in matters criminall to* 2.110 giue place to the Canon law: by which doctrine we finde, that they tread the pathes, and fil vp the measure of their forefathers the olde Friars: maintaining that which Iohn Wiclife obserueth was first begunne by Friars: that the King was not Lord of the Clergie, but the Pope was their Lord. Thus a new King is raised vp ouer the Popes Clerkes, and the Scripture is verified

which saith: And they haue a King ouer them, which is the* 2.111 Angell of the bottomlesse pit, whose name in Hebrew is A∣baddon, and in Greeke he is named Apollyon.

74. The Laterane Councel was held in the yeare one thou∣sand, two•…•…hundred, and fifteene. It is decreed in the same Councell, That Heretickes being condemned, should be deliue∣red ouer to the secular power: from which time these preten∣ded priuiledges haue growen so great, and swollen vp so bigge, that not being able to holde together, they are burst in the midst, hauing drawne vpon themselues the iust vengeance of God, and of Magistrates, so procuring their owne ruine. But because Bellarmine cyteth a few testimonies to prooue the ex∣emption of Clerks from secular iudgements, we may first breef∣ly examine them, and so proceede. Hee cyteth thus; Concil.* 2.112 Mileuitan. Can. 13. & Matiscon. Can. 8. These places he quo∣teth, producing no words. He cyteth also other places thus: Sulpitius lib. 2. Sacrae histor. refert. •…•…. Martinum aliquando dixisse nouum esse & inauditum nefas, vt causam Ecclesiae iudex saeculi iu∣dicaret. Item Ambrosius Epist. 78. ad Theophilum. et August. Epist. 162. These places are cyted or quoted by Bellarmine, barely without the Authours wordes. We answere in a word: All this toucheth nothing our question, of exempting criminous Clerkes from temporall Courts: for these places speake not one word of this thing.

75. The first place, Concil. Mileuit. can. 13. to preuent such busie fellowes of the Clergy, which caried their causes to Rome (as then some did) ordeyned, that euery Clerke should be gouerned by his owne Superiour. What is this to the purpose? This is all which that Canon saith. The next Canon of the Ma∣tiscon Councell saith, that if one Clerke had a matter against another Clerke, he should not complaine to the secular Iudge, but to the Bishoppe: This maketh as little to the purpose. Af∣terward he citeth for exemption from punishment, these places; 〈◊〉〈◊〉 Chalced. can. 9. Si Clericus aduersus Clericum habet negoti∣um non relinquat Episcopū suum, & ad saecularia iuaicia non rec•…•…r∣rat, &c. Concil, Agathens. can. 32. Clericum nullus praesumat apud saecularem iudicem, Episcopo non permittente pulsare, &c. Concil.

Carthag. 3 can 9. •…•…oletan 3. can. 13. Matiscon. cap. 8. These testi∣monies speake as little for him as the other. The 9. Canon of the Chalced. Councell speaketh not of the immunities of crimi∣nous Clerkes, but onely prescribeth how one Clerke should accuse another before the Bishoppe, and not before the ciuill Iudge. And this is the purpose of all the other places cyt•…•…d out of Concil. Agathens. Cartbag. Toletan, and Matiscon, all speake of one thing: Onely here, one part of their knowne knauery is to be opened: for he cyteth Concil. Agathens. can. 32. thus; Cle∣ricum nullus praesumat apudsaecularem iudicem Episcopo non per∣mittente, pulsare. Marke good Reader a worke of darkenesse, an example of Romish impudency: by true, sound, and vnsuspe∣cted Recordes, these priuiledges which now are in question be∣tweene vs, cannot be proued to haue beene established of old, or to haue any testimonie of antiquity, but by vertue of their expurgatoriall tables, they are able to shew vs this auncient Ca∣non of the Councell of Agatha, corrupted by themselues. For the Canon which Bellarmine cyteth of this Councell, and the masked Romish Catholicke Diuine taketh from Bellarmine, in some later Editions hath these wordes as they are cyted by him: but in the first incorrupt Edition of Councels, set forth by Peter Crab, the wordes of that Canon are thus set downe: Clericus nec quenquam praesumat apud saecularem iudicem Episco∣po non permitente, pulsare. And thus it is read by them that aunci∣ently cyte the same. Now this agreeth well with the ninth Canon of the Chalced Councell, which ordeyneth that if one Clerke will accuse another, it must be before his Bishoppe; if he will accuse the Bishoppe, it must be in a prouinciall Synode: if he will draw a Metropolitane to answer for some things which he hath done, it must be either before the Primate, or before the Bishoppe of Constantinople. All this we graunt to be orderly established, the things intended are matters of Ecclesiasticall Cognisance, which are to bee heard in such Courts: but our question is of Clerks that are conuinced to be murtherers, or Traytors, &c. Whether such are to bee exempt from triall at Common Law: Of which exemptions these auncient Bishops neuer dreamed.

76. It is moreouer to be noted, that diuers of these places which he citeth, as that from Sulpitius of S. Martin, and from Ambrose, &c. are vnderstoode of another thing, and not of ex∣emption of Clarkes at all. For the auncient Bishops, as before I haue declared, thought it not lawfull that matters of faith and doctrine should be determined in ciuill Courts by ciuill Magi∣strates. This is true: and this is that which those testimonies speake of; but what is this to criminous Clarks? that Robbers, Traytors, murtherers of the Clergy should be protected by rea∣son of their Order from triall in Kings Courts: this is a doctrine neuer knowne to the auncients. It was first knowne in Eng∣land in the dayes of Henry the second, stirred seditiously by Thomas Becket Archbishop of Canterbury, when as before that time it was neuer heard of in this land. The manner heereof I will briefly recite out of Roger Houeden.

77. In the yeare of Christ 1163. the contention concerning* 2.113 exemption of Clerkes, grew famous betweene King Henry the second and Thomas Becket Archbishop: Rex volebat (saith Houeden) Presbyteros, Diaconos, Subdiaconos, & alios Ecclesiae* 2.114 rectores, si comprehensi fuissent in latrocinio, vel murdra, vel felo∣nia, vel iniqua combustione, vel in his similibus: ducere ad saecula∣ria examina, & punire sic•…•…t & laicum. Contra quod Archiepisco∣pus dicebat, quod si Clericus in sacris ordinibus constitutus, vel qui∣libet alius rector Ecclesiae calumniatus fuerit de aliqua re, per viros Ecclesiasticos & in curia Ecclesiastica debet iudicari. Et si conus∣ctus fuerit, ordines suos amittere, & sic al•…•…enatus ab officio & bene∣ficio Ecclesiastico, si postea forisfecerit, secundum voluntatem Regis & baliuorum suorum iudicetur. That is: The King required that Priests, Deacons, Subdeacons, and other Rectors of Churches, if they were taken in murther, robbery, felony, burning of hou∣ses, or such like, should be brought to secular Courts, and there punished as Lay-men were. Against this the Archbishop affir∣med, that if a Clerke being within holy Orders, or any other Parson of a Church were accused of any thing, he must be iud∣ged by Ecclesiasticall Iudges in the Ecclesiasticall Court: and if he were conuict, he should loose his orders. And so being ex∣cluded from office and benefice Ecclesiasticall, if after this he in∣curred

the like fault, then might he be iudged at the pleasure of the King and his Officers. Thus farre Houeden.

78. This manner of degrading and afterward deliuering cri∣minous Clarkes to the Secular power, crept in about the time of the Conquest. Bellarmine pretending greater antiquity for it,* 2.115 can neither bring reason nor testimony for his opinion. For whereas he saith, Eusebius Bishop of Nicomedia was first depo∣sed* 2.116 by the Nicen Councell, and afterward banished by Constan∣tine, by this offering to proue, that they must first be deliuered to the Secular power, before the Magistrate may punish, and reproueth Caluin for not considering thus much: We answere, Bellarmine sheweth his skill in shifting, and hiding the truth to deceiue the simple. For Caluin in that place which he citeth a∣gainst this Romish immunitie, proueth two things. First, that* 2.117 coactiue power is in the hand of the Prince, and not of the Church. Ecclesia cogendi non habet potestatem, de ciuili coactione loquor, saith he. Secondly, that criminous Clarkes had no im∣munities from the ciuill Courts of Princes. Now that Bellar∣mine saith, Eusebius was first deposed by the Councell, and then banished, is nothing against Caluin, but for him. For the Church did not inflict the coactiue punishment of banishment, but the Emperour. And Caluin proueth at large in the same place, that Kings and Emperours haue no authority to iudge in causes of faith; Producing the example of Ambrose, who in such a cause resisted the Emperour Valentinian. Such a cause was that of Eu∣sebius: the Emperour knew not whether he was in fault or not, before the Church had iudged the cause. But Caluines iudge∣ment, and our question standeth in two thinges, against which Bellarmine doth not so much as speake one word. First, that coactiue power was not then in the Church, but in the Empe∣rour: Secondly, that criminous Clerkes were then punished by the Magistrate. Eusebius is not there proposed as a criminous Clerke, but as an example wherein the coactiue power of the Magistrate appeared. But now they say, if a Clerke bee pro∣ued to be a felon, murderer, traytor, &c. the Kings Courts may not censure this man, before he be degraded. Against these im∣munities wee speake, for which Bellarmine offereth not any

proofe. Let the manner of Bellarmines answering bee conside∣red: for it is easie for him thus to answere Caluin, and all Prote∣stants, when he toucheth not the point in question: but singling out of some peece from the whole, wresteth that also from the true intent, that he may shape a mis-shapen answere to it. Then we say, that before those desperate times, wherein Iohn Wiclife saith, and often affirmeth, that Satan was loosed: no man clay∣med such a beastly priuiledge, as to be exempt from the Kings Lawes for murder, treason and such like. Godlinesse, reason, and the light of Nature seemeth to be extinguished in these men, that being contented to take the benefite of Lawes, will not be contented to bee ordered by Lawes. This hath forced some* 2.118 Princes and States to ordaine Lawes that such should be out of the Kings 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 deale with these men, for see∣ing as then they did, so now they doe denie themselues to* 2.119 be the Kings subiects; and affirme that neither by Diuine nor humane right, they are bound to obey the King with his coac∣tiue Lawes: and that they are onely vnder the subiection of the Pope: that for no crimes they are to bee examined in the Kings Courts: is it not great reason that the protection of the King, and of his Lawes should bee denyed to them that reiect both?

79. Houeden declareth also, that in the yeare one thousand* 2.120 one hundred sixtie foure, the King called a Synod, and requi∣red the Bishops vpon their allegeance, to receiue his Graund∣fathers Lawes, to vse and obserue them. Thomas Becket answe∣red for him and the rest, they would keepe all the Lawes of his auncetours: Saluo in omnibus or dine suo, & honore dei, & sa•…•…cta ecclesi•…•…. This clause was thought new, scrupulous, and offensiue. The King would haue him yeeld without exception, but the Archbishop would not. In this contention Philippus a Legat from the Popes side, came into England, by him the Pope and all the Cardinals commanded the Archbishop to yeeld to the King without exception: whereupon hee did so, but afterward reuolted from that promise. Hence a new contention began:

but being againe perswaded, hee promised obedience to the Kings Lawes. The King to hold fast this slippery Merchant, re∣quired all the Bishops to fet to their approbation, and seales to those Lawes. Hereunto when other assented, the Archbishop swore that hee would neuer set his seale to them, nor allowe them. Afterward the Archbishop suspended himselfe from ce∣lebrating Masse, and desired to goe to Rome, but the King de∣nied him. The Bishop of London accused him of Magick. The King perceiuing his rebellious disposition, required the Barons to giue iudgement of him, that being his subiect, would not be ruled by his Lawes. Cito facite mihi iustici•…•…m de illo, qui homo* 2.121 meus ligius est, & stare iuri in curia mea recusat. As the Barons were attending this seruice, and now ready to giue sentence: I prohibite you (quoth the Archbishop) in the behalfe of Al∣mighty God, to giue sentence vpon me, for I haue appealed to the Pope. And so he departed, Omnibus clamantibus, saith mine* 2.122 Author, quo progrederis prodi•…•…er? exspecta & •…•… iudicium tuum. The Archbishop after this stole away out of the land, changing his apparrell and name, for hee called himselfe Deerman. The Archbishop thus conueying himselfe out of the land, came to the Pope, and shewed him a Copy of these Lawes, which the King called his Grandfathers Lawes. When the Pope heard them reade in the presence of his Cardinals and diuers others, he condemned the Lawes, and excommunicated all that main∣tained them. Condemnauit illas in perp•…•…tuum, & ana•…•…hematiza∣uit omnes, qui ea•…•… tenerent, & al•…•…quo modo fauerent, saith Houe∣den.

80. Thus did the Popes then stirre to aduance their spiritu∣all Iurisdiction (as they called it) to such an height, that the Kings of the earth, who are set vp by God to iudge the world, could not execute iustice and iudgement vpon offenders; might not be suffered according to the commaundements of God, to take vengeance of murtherers, robbers, incendiaries, traytors; might not execute that office, for which onely they beare the sword. Now because the deuotion, sense, and iudgement of all ages, is pretended to be for the Popes Iurisdiction, and against the Kings: let vs obserue the iudgement of the men that liued

at this time. We shall finde in all this question of Iurisdiction, and of these exemptions in particular, that the king was iustified and the Archbishop condemned. The Kings auncient Iurisdi∣ction acknowledged, the Popes new Iurisdiction, and the Arch∣bishops disobedience disallowed and abhorred of all. For all the Bishops of the Prouince of Canterbury, wrote a letter to the Archbishop, the letter is extant in Houeden. Therein they entreat him to yeeld to the King: they commend the Kings care and zeale for the Church. They testifie that the king requireth no more of him, then the due honour which his ancestours haue alwaies had. Rex a Domino constitutus pacem prouidet subiecto∣rum* 2.123 per omnia, vt ha•…•…c conser•…•…et Ecclesijs, & commissis sibi popu∣lis, dignitates regibus ante se debitas & exhibitas sibi vult exhiberi & exigit. [The King ordained by God, prouideth his subiects peace by all meanes, that he may preserue this in the Churches, and people vnder him, hee requireth and exacteth that Iurisdi∣ction, which was due and exhibited to the Kings which were before him.] They charge him with rashnesse, and furious an∣ger for suspending and condemning the Bishop of Salisbury and the Deane, before any question of their fault was moued. Ordo iudiciorum nouus (say they) hic est, huc vs{que} legibus & eano∣nibus vt speramus incognitus, damnare primum, & d•…•… culpa postre∣mo cognoscere. [This is a new proceeding of iudgements, and as wee hope vnknowne in Lawes and Canons to this day; first to condemne a man, and last of all to know the fault.]

81. And that the iustification of the King in this cause, and the condemnation of the Archbishoppe might be made more euident to all the world; the same Suffraganes, that is, all the Bi∣shops of the Prouince of Canterbury, wrote to Pope Alexander the third, to whom they giue a worthy & famous testimonie of the Kings iustice, temperance, and chastitie: declaring that the King could not be suffred to execute his Princely office, nor ef∣fect his good and godly purposes in execution of Iustice, for the filthinesse of some of the Clergie. Rex (say they) fide Christian ssi∣mus, in copula •…•…oiugalis castimonij honestissimus, pacis & iusticiae cō∣se•…•…uator & dilata•…•…or incōparabiliter strenuissimus, hoc vo•…•… is agit to∣tis, in his feruet desiderijs, vt de regno suo tollantur scandala, cūspur∣ci•…•…ijs

suis eliminentur peccata, pax totum obtineat at{que} iustitia &c. Qui cum pacem regnisui enormi insolentium quorundam Clerico∣rum excessu, non medio•…•…riter turbari cognosceret &c. That is, [The King in faith most Christian, in the bond of matrimoniall chastity most honest, for preseruation and dilatation of peace and iustice, without comparison the stoutest, doeth with great zeale and affections desire this, that scandals may be remoued out of his Kingdome, that sinnes with their filth may be banish∣ed, &c. and finding the peace of his Kingdome not a little trou∣bled with the enormous excesse of some insolent Clerks, &c.] And thus they proceede, declaring wherein those strange ex∣emptions stood, which then began first to bee knowne in the world. For, say they, if a Clerke should commit murder, &c. the Archbishoppe would haue him punished onely by degra∣ding, but the King thought that punishment not sufficient for establishing of peace and order, and for execution of iustice. Hi•…•… non dominationis ambit•…•…, non opprimendae Ecclesia libertatis intuit•…•…, sed solummodo pacis affectu eò Rex progressus est, vt regni sui consuetudines regibus ante se in regno Angliae à personis Ecclesi∣asticis obseruatas, & pacificè & reuerenter exhibitas Dominus no∣ster Rex deduci vellet in medium. That is, [Hereupon not through ambition of Domination, not with any purpose to op∣presse the liberties of the Church, but onely in a zeale of peace the King proceedeth thus farre, as that hee will haue the cu∣stomes of his Kingdome now brought to open knowledge, which Ecclesiasticall persons haue obserued, and peaceably and reuerently exhibited vnto the Kings of the kingdome of Eng∣land before him.] And a little after, Haec est Domini nostri regis in Ecclesiam Dei toto orbe declamata crudelitas, hac ab eo persecu∣tio. That is [Now this is the crueltie 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 auncient complaint of these Romish Catholickes, to call the iust, lawfull, godly, and necessary execution of iustice, crueltie and persecuti∣on: this complaint hath beene euer since continued by them; and most of all where there is least cause, euen in the milde and mercifull gouernement of the late Queene of famous memory.

What crueltie did they impute to her? What persecution to her Gouernement? When they are not able to proue that one man was executed for Religion, but for treason: Which was so much the more dangerous, because it was masked with the vi∣sard of Religion: but Religion is not, nor euer was the cause why our Kings punished the Popes Clerkes, but onely Iurisdi∣ction. For when the Pope will stretch his Iurisdiction so farre, as to include coactiue power, and to exclude Kings from the gouernement of their Subiects, drawing the Clergie from the obedience of their Kings, to the obedience and subiection of the Pope; drawing the subiects of other Kings vnder his subiecti∣on by an Oath of Allegiance: and hereupon perswading al that will hearken to him, that they may not yeelde an Oath of Al∣leageance to their owne Princes: the Popes Iurisdiction being drawne to these points (as now by the confession of themselues they are) the question betweene the Pope and Christian* 2.124 Princes, is not of Religion, but of Iurisdiction, of ciuill and co∣actiue Iurisdiction; and the summe of all is this; Whether the Princes of Christendome shall be free Princes, or the Popes Vassals?

82. By this which we haue declared, we see the cause of our Kings iustified against the Archbishoppe, and the exemption of Clerkes (for which the Archbishoppe stroue, and which since that time is claimed to be an especiall priuilege of that Church) to be condemned by the chiefe of the Clergy, by all the Bishops of that Prouince: and that euen to the Pope himselfe. Which thing the Bishoppes of the English Church would neuer haue done, vnlesse they had beene well assured that the Kings cause was good, and that the contrary opinion was a per∣nicious nouelty, a late vpstart deuice in the Church. But how∣soeuer the Popes Clerkes pretended their new forged priui∣ledges, yet the Kings of this land held still their olde course in the auncient manner of execution of iustice against them that offended. And therefore Henry the second by law commaun∣ded,* 2.125 as Houeden saith, that the Bishoppes of London and Nor∣wich should be summoned, that they might be before the Kings Iustices to answere, for that they against the statutes of the

kingdome did interdict the land of the Earle Hugh

83. This exemption of Clarks was a new practise in the time of Marsilius of Padua, and not so new as pestiferous, occasio∣ning the ruine of States, and being as a furie sent abroad from hell to disorder all gouernment. For thus he complaineth of it. Quibus non contenti, sed saecularium contra Christi & Apostolorum praeceptum, appetentes fastigia, in legum Lationes seorsum ab ijs* 2.126 quae Ciuium vniuersitatis sunt, proruperuut. Omnem clerum ab his decernentes exemptum, ciuile s•…•…hisma & principatuum supremorū pluralitat•…•…m inducentes ex ipsis, &c. Haec pestilentiae Italici reg∣ni radix est & origo, ex qua cuncta scandala germinauerunt, prode∣unt, & qua stante nunquā ciuiles ibidem cessabunt discordiae, &c. That is, [Not content herewith they (the Popes) seeking the honour of secular gouernement, against the commandement of Christ and his Apostles, haue taken vpon them the ordaining of Lawes and Canons, other then such as serue for the common good. They decree that all the Clergie are exempt from tempo∣rall Princes, heereby inducing a pluralitie of Soueraignties, &c. This is the roote and spring of the pestilence of the Empire, from whence all scandals grow, and which standing, ciuill dis∣cord shall neuer haue an end, &c.] Thus were these exemptions then found, and acknowledged to be the pestilence and ruine of all states, especially of the Empire: And his reason is well to be obserued, because, saith he, it bringeth in Pluralitatem supremo∣rum principatuum, quam velut impossibilem humanae quieti demon∣strauimus: he proueth the plurality of Soueraignty a thing im∣possible to stand with the quiet and peaceable Gouernement of the world. Now this exemption must eyther induce a plurali∣ty of Soueraignties, when the Pope is one Soueraigne, and the Prince another, which is impossible in nature (saith Marsilius) or else it denieth the Kings Soueraignty to establish the Popes, which thing can neuer bee indured by any Prince.

§. VI. Of the Popes power in giuing lawes.

84. ANother thing whereby this new Iurisdiction of the Pope was so highly aduanced, was, giuing of Lawes to Princes, and their subiects; whereas before Princes had giuen lawes to him. Marsilius in the wordes last cyted in the end of the last Paragraffe, speaking of these laws, saith: They now break out into a practise of Iurisdiction, taking vpon them to make lawes, separat and distinct from such lawes, as are for the common and publique good of all: meaning the Canon lawes: which because they intend onely the priuate aduance∣ment of the Pope, and not the publique good of the Church: being also made onely by the authority of the Pope, and not by the publique consent of the Church: therefore he doth not ac∣count them lawes, but Oligarchicall, and tyrannicall Decrees; these lawes are to be considered, because they make so great a shew of the Popes Iurisdiction.

85. The Church before, was gouerned by Bishoppes and Metropolitanes, in such order, that the affaires of euery particu∣lar Diocesse were ordered by the Bishoppe, or by a Synode of his calling: the affaires of the Prouince were determined by the Metropolitane, or by a Prouinciall Synode of his calling: from an Episcopall Synode, a man might appeale to a prouinciall Synode; and from a Prouinciall Synode, to a nationall: but from a prouinciall or from a nationall Synode, none might ap∣peale to the Bishoppe of Rome for which thing diuers Decrees were made in prouinciall Synodes, as we haue before declared. As the Bishoppes were Gouernours, so the lawes whereby they did then gouerne the Church, were the Canons of auncient Councels; especially of those foure most famous Councels of Nice, Constantinople, Ephesus, and Chalcedon: For that the Canons of these Councels were held for the lawes of the* 2.127 Church, it appeareth by a Constitution of Iustinian, extant in the fift Synode, held at Constantinople: wherein Iustinian the* 2.128 Emperour declareth that A•…•…thimus was deposed from the Bi∣shoprike

of Constantinople by Pope Agapetus, and a whole Synode with him consenting, for that he had departed from the doctrines of those foure holy Synodes, the Nicen, the Constan∣tinopolitan, the Ephesian, and the Chalcedonian: The Empe∣ror also declareth, that he being deposed by the Church, should be banished by him, ioyning his coactiue power to the spirituall Iurisdiction of the Church. This is the meaning of the imperi∣all Constitutions that are in this manner set forth by Emperors of religions and doctrinall matters: For the Emperours neuer tooke vpon them by their authority to define matters of faith and Religion; that they left to the Church: but when the Church had defined such truthes against Heretiques, and had deposed those Heretiques; then the Emperours concurring with the Church by their imperiall Constitutions, (Sic{que} Diui∣na 〈◊〉〈◊〉 & •…•…umana concurrentia (saith Iustinian in the same place) vnam consonantiam rectis sententijs fecere:) did by their coactiue power giue strength to the Canons of the Church: A•…•…d thus was the Church then gouerned, by the Canons of auncient approued Synodes for matters of faith and doctrine; and by the Constitutions of Christian Princes for matters of externall coactiue Iurisdiction. That Constantine by whose* 2.129 authority the sixt Synod was held at Constantinople, declareth that the Canons of the fiue generall Councels (adding this se∣cond Constantinopolitan, to the other •…•…ouce) were the rules or Canons of the Church.

86. So long as those Canons of auncient Councels stood for Church lawes, executed by the Bishoppes who were the Gouernours, so long the Gouernement of the Church stood vp in peace, order and Godlinesse; one Bishoppe incroached not vpon the Iurisdiction of another: But after that the Pope had intruded vpon the Iurisdiction of the Church, and was gro∣wen so great as that by coactiue power hee was able to main∣taine his intrusion: then began hee to giue lawes, such as are comprised in the Decretals of Gregory the ninth, who was Pope in the yeare one thousand, two hundred and thirty, the first pub∣lisher of those lawes, which were continued by 〈◊〉〈◊〉 the eight▪ 〈◊〉〈◊〉 fift, Iohn the two and twentieth, 〈◊〉〈◊〉 by some o∣ther

Popes vnto the yeare one thousand, foure hundred and eightie, for then liued Sixtus the fourth, whose Decrees are published in that part that is called extra•…•…. Commun. since which times those lawes haue beene in some force in diuers nations, where they did not crosse the imperiall lawes of those nations, nor the Iurisdiction of the Kings thereof. Now seeing that the Popes Iurisdiction is so much set forth and aduanced by these Canon lawes, let vs in few wordes examine how he came to this Iurisdiction to giue lawes, and by what right he main∣taineth it. If any man haue right to make and giue lawes, this right must either be from God giuen him, or from men, who haue had this right before in themselues; for euery man cannot giue this right, but onely such as haue it, and haue power to giue it: But the Pope receiued not this right of giuing lawes to all Churches from God; for God hath no where giuen any such Commission to him. The ancient Bishops of Rome, either did not claime any such Iurisdiction, or if any were carried by leuity, and ambition out of their bounds, they were presently recalled and repressed by the godly Bishoppes of that age: As Anicet was by Polyc•…•…rp, Victor by 〈◊〉〈◊〉, Poly•…•…rates and the o∣ther Bishoppes of Asia, Zozimus, Boniface, and 〈◊〉〈◊〉 by S. Augustine and the Affrican Bishoppes: so that the Bishoppes of Rome could neuer be suffered to make lawes to the Church, for one thousand, or twelue hundred yeares after Christ: therefore this right was not from Christ.

87. For if it had beene from Christ, then should the Pope haue beene suffered to haue practised the same, before twelue hundreth yeares were expired. For the godly auncient Fathers did neuer withstand the Bishop of Rome, in any Iurisdiction which hee could claime from Christ. But in this thing it is knowne that they withstoode him: therefore this Iurisdiction whereunto after so many hundreth yeares, hee intruded him∣selfe, against the iudgement of the auncient Fathers (who resi∣sted him heerein) is not from God. Neither can this right bee claimed from man, because they who chalenge it, will haue it to be a diuine right, not humane. And they quarrell vs for that we admit, that temporall Princes may haue such Iurisdiction: so

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that they vtterly denie that this Iurisdiction is deriued from any humane power. Now he 〈◊〉〈◊〉 to execute Iurisdiction which is neither giuen him from God, nor man: must needs be conuinced to be an intruder, and to come in his owne name, and consequently to fulfill that Scripture: I came in my Fathers* 2.130 name, and you receiue mee not. If another shall come in his owne name, him you will receiue. Which the auntient Fathers expound of the comming of Antichrist in his owne name. And what more pregnant proofe can be brought of this his com∣ming in his owne name, then is this intruding himselfe into a Iurisdiction, which he had neither from God, nor from the Prin∣ces of this world. And because the Pope after one thousand and two hundred yeares, had no more right to giue Lawes to the Church, then in former ages he had; therefore this Iurisdiction is vnlawfull, which by these Lawes hee practiseth. Wherein onely defacto, he is found to doe that, whereunto he neuer had right.

88. Moreouer, if Bellarmine haue declared the true conditi∣ons of iust and lawfull Lawes, it will followe that the Canon Lawes are no iust Lawes. Bellarmine confesseth that foure con∣ditions* 2.131 are required in a Law, to make it iust: the first is drawne from the end, for it must be referred to the common good: for herein saith Aristotle, a King differeth from a tyrant; because a* 2.132 King respecteth the common good of his subiects, but a tyrant looketh onely vpon his owne priuate profit: and thus saith Bel∣larmine doth a iust Law differ from a tyrannicall Law. Then are the Popes Canon Lawes proued tyrannicall and vniust, because they respect not the common good, but the priuate wealth of the Pope, as all those doe that draw all appellations to him. The second condition, which in Bellarmines iudgement maketh a Law iust, is drawne from the efficient. For it must be from a man that hath full authority. Nemo enim potest legem imponere* 2.133 •…•…nsibi subdi•…•…o, saith he. By this it will likewise follow, that the Popes Canons are no iust Lawes, because the Pope hath no au∣thority to make such Canons, binding them that are not his subiects, as we haue declared before. The third condition that maketh a Law iust, is drawne from the matter, saith 〈◊〉〈◊〉,

for it must not forbid vertue, nor commaund vice: but the Ca∣non Lawes are such as forbid vertue and commaund vice; as ap∣peareth by all those Canons that proceede with their non ob∣stante. I will note one example of many. There is a Canon that runneth thus. Quum aliquibus recipiendi aliquem in Canoni∣cum* 2.134 alicuius Ecclesiae, non obstantibus ciusdem Ecclesiae, priuilegijs, consuetudinibus, vel statutis •…•…uramento, confirmatione Aposto∣lica, vel quacun{que} firmitate alia roboratis, per nostras literas conce∣dimus facultatem, &c. That is: When wee graunt power to a∣ny by our letters to receiue any to be a Canon in some Church, notwithstanding the priuiledges of that Church, the cu∣stomes to the contrary, or statutes confirmed either by Oath, or by Apostolicall confirmation, or by any other strength, &c. By this Lawe, as by many other, it appeareth, that the Popes Canons allowe that men should goe against their owne Oathes when the Popes letters doe commaund them so to doe. Which is a forbidding of things honest, iust, and godly, and comman∣ding thinges euill and vnlawfull. Therefore these Lawes for∣bid vertue, and commaund vice, and are consequently no iust Lawes in the iudgement of Bellarmine.

89. The last condition that in Bellarmines opinion is requi∣red to make a Law iust, is drawne from the forme: Because saith hee, the Law must keepe that proportion in distributing honours, which the Subiects haue in the Common-wealth. For example saith he, if the Pope should make a Law, that onely rich and noble men should be made Bishoppes, and not poore and meane men otherwise more learned and more worthy, this Law were simply vniust: but it is certaine that the Popes Lawes are such. I speake not here of their corrupt practise, which since the Canon lawes came in, was neuer found without strong and strange Simonie: but I speake of their Lawes, which command it. For who made that Law which saith, Pallium non datur nisi* 2.135 fortiter postula•…•…i: The Pall is not giuen to any man, vnlesse he make a strong suit. What is meant by a strong suit, they know best that haue purchased Palls at the Popes hand. But it is cer∣taine that a poore man did neuer purchase a Pall, therefore poore men, though more learned then the rich purchaser, are

excluded from this honour by the Law, that alloweth none to make suit, but such as can make strong suit, then the Law is vn∣iust by Bellarmines confession. It is also an vniust and an vngod∣ly* 2.136 Law, which saith: Though the Pope should draw innume∣rable soules with himselfe downe into hell, yet no mortall man may presume to say to him, Sir why do you so? It is an vncleane Law, which so strictly denying the mariage of Priests, yet doth allow them to haue Concubines. Many other Lawes there be* 2.137 of this forme. So that by all those conditions which Bellarmine will haue to be requisite in all Lawes that bee iust, the Popes Law•…•…s are found to be vniust. By all which is euinced, that the Pope commeth in his owne name, maketh Lawes to rule those Subiects, ouer whom he hath no authority; respecteth therein his owne ends, taketh vp a new Iurisdiction which hath beene denied by the auncient Bishops, and which was vnknowne in the world all the while, that the Popes liued vnder the obedi∣ence of the Emperours, as other Bishoppes did vnder seuerall Princes.

§ 7. Of Appellation.

90. ANother part of this pretended Iurisdiction, stoode in appellation to the Pope. This they haue chalenged, but it hath alwayes beene denied by the Kings of this land, as being a thing preiudiciall to the auncient Lawes and customes of the Kingdome. The first question about appeales in this land, that I can finde, began by Anselme Archbishop of Canter∣burie, in the time of William Rufus. For after that some breach was made betweene the King and the Archbishop, the Arch∣bishoppe Anselme desired leaue to depart the land, to goe to Rome for his Pall. The King perceiuing that hee had a pur∣pose to appeale to the Pope, Aunswered, That if hee should appeale to Pope Vrban, or any other (for at that time two stroue for the Papacy) without his leaue, then should he falsifie his alleageance. The King reasoned thus, saith Malmsbury:* 2.138 Consuetudo Reg•…•…imes est, à Patre meo instituta, vt nullus praeter licentiam Regis appelletur Papa. Qui consuetu•…•…ines Regnitollit, po∣testatem

quo{que} & toronam Regni violat, qui coronam mihi aufert, inimicitias & infidelitatem in me agit. For there was contention betweene the King & the Archbishop: First, because the Arch∣bishop would nominate a Pope without the Kings leaue, Se∣condly, because he would appeale to the Pope. Concerning this matter of appeale, the same Author a little after declareth that there grew an hot contention betweene them. Anselme his an∣swere was, Tues Petrus & super hanc Petram, &c. And therfore (quoth he to the King) the obedience which I offer to S. Peters Vicar, is not against mine alleageance to the King. Thus had the Popes with a strong kind of poyson, as it were so enchaun∣ted those words of holy Scripture, as to make them serue for a cloake of disobedience, and breach of alleageance to temporall Princes. Anselme being further vrged by the King, that he had promised to keepe all the customes of his kingdome, and hee was bound to performe alleageance, aunswereth thus. [What* 2.139 doe you tell me that I breake mine alleageance to the King, by appealing to the Sea Apostolique? I grant I promised, but con∣ditionally, that I would keepe those customes which are agree∣able to the lawes of God, and honesty. And therfore where you* 2.140 tell me that I haue broken mine alleageance, by preuaricating your laws in appealing to the Sea Apostolique; sauing your ho∣nour it is not true, if another had spoken it. For the faith which Iowe to the King, I haue it from the faith of God, whose Vicar is S. Peter, to whose Sea I appeale: with much stirre and strife to this effect Anselme held his resolution stiffely.]

91. Nowe let the Reader bee entreated to compare these times with the times of the Affrican Councell, and Anselme Archbishop of Canterburie with Augustine Bishop of Hippo. S. Augustine with the rest of the Affrican Councell condemned appellations to Rome, as standing against godlinesse, order, the freedome of the Church; as quenching the light of simplicitie, as inducing darkenesse, pride and ambition into the Church. Now that which in Saint Augustines time was vngodly, can it be made godly, and lawfull in Anselmes time? Yet Anselme we see maketh this thing the cause of God. Augustine condemned appellations to Rome simply, without consideration of disobe∣dience

to Princes. What then would he haue done, if thereun∣to had beene added the commaundement of his Prince against such Appellations? Anselme standing for Appellation to Rome, which Augustine denied, and withstanding the iust and 〈◊〉〈◊〉 commaundement of his Soueraigne, hath no other co∣•…•… to cast ouer the matter, then the pretence of God and Saint Peters Vicar. If this obedience had beene required of God to Saint Peters Vicar in Anselmes time, Why was not the same re∣quired and yeelded in Saint Augustines time? This is the diffe∣rence betweene the opinions brought in by men, and the truths of God: that the one standeth alwayes the same in the Church without chaunge, the other hath his times of rising and falling, as this opinion of Appellation to the Pope, which was so strongly reiected by Augustine, found a time to rise vp be∣tweene the pride of the Popes, and the seruile flattery of some Bishoppes. And what greater signe of pride in the Pope, and flatterie in his seruants, then to resume these old condem∣ned priuiledges, and therewithall to patch yp a Iurisdiction standing so directly against the iudgement and practise of the ancient godly Fathers?

92. And yet was Anselme as resolute in this, as Augustine was in the contrarie: But heerein a great difference appeared (which might much sway the iudgement of indifferent readers, if there were no other meanes to informe them) that Saint Au∣gustine standing against appellations to Rome, had heerein the full consent of all his fellow Bishoppes, not one dissenting. But Anselme standing for appellations to Rome, stood alone with∣out the consent of so much as one Bishoppe: which thing I re∣port for the honour of the Church of England, and of all the Bishoppes of England at this time; who heerein resisted their Archbishoppe, 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* 2.141 England denied their consent to their Primate.] This sheweth that Archbishoppes were made the Popes seruants before Bi∣shoppes were: the reason was, because the Archbishoppes vsed

to purchase a Pall from the Pope, which Pall Anselme had not yet at this time of his variance with the King, obtained; for Malmsbury saith, he first asked leaue to goe to Rome for the Pall. Now the Pope in graunting the Pall conueyed an Oath of Alleageance with it, as before we haue obserued, which was the reason that moued our Archbishopps to stirre such rebelli∣ous tumults against the Kings of this land: Such was this facti∣on which Anselme 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 Bishoppes in like sort, in the questi∣on of Inuestitures.

93. And therefore Henry the second had iust cause to pub∣lish that law which Roger Houeden calleth graue edictum & ex∣ecrabile, against the Pope, beginning, Si quis inuentus fuerit lite∣ras* 2.142 vel mandatū ferens Domini Papae &c. capiatur, & de eo sicut de regis traditore & regui, siue dilatione fiat iusticia. That is [If any be found bringing in the Popes Letters or Mandat, &c. let him be apprehended, and let iustice be executed without delay vpon him, as vpon a traytor to the King and Kingdome.] 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 appeale to the Pope.] This was not a new law now in∣uented by Henry the second, but an auncient law now renued, and vpon a iust occasion put in execution: for William Rufus, as before we haue declared, vrged this law against Anselme, proo∣uing it to be one of his Fathers lawes, and auerring that such appeales did stand against the auncient lawes and customes of his Kingdome; so that the Kings Iurisdiction in such matters, was maintained by the auncient lawes of this land.

94. But because the antiquity of the lawes of our land is questioned by our aduersaries, though this thing belong not to my profession, yet let me in a few wordes declare what I haue met with in Stories concerning this point: that it may ap∣peare, that the lawes of this land are much more auncient, then that Religion which now is called the Religion of the Church of Rome. King William Rufus the Conquerours sonne, declareth

as Malmsbury witnesseth, that it was a custome of this king∣dome* 2.143 confirmed by his father, that without the Kings licence no man might appeale to the Pope. Now these lawes and customes which William the Conquerour did publish and confirme, were the auncient lawes and customes of the Saxons before him: not first inuented by the Conquerour, though enacted and establi∣shed* 2.144 by him. For Roger Houeden writing of these lawes which the Conquerour enacted, saith, that the King being once in minde to establish the lawes of the Danes, was after much and earnest intreaty of the Barons, perswaded to yeelde that the lawes of King Edward the Confessour, should be retained still. The Barons (saith Houeden) vrged the King, Pro anima regis Ed∣uardi, qui et post diem suum concesserat coronam & regnum, & cu∣ius erant Leges: Unde Concilio habito praecatui Baronum tandem acquieuit, ex illa ergo die visa authoritate veneratae per vniuersam Angliam corroboratae & confirmatae sunt prae caeteris patriae legibus* 2.145 leges Eduardiregis; quae prius inuentae & Constitutae erant in tem∣pore Adgari aui sui. [For King Edwards soule, who bequeathed him his Crowne and Kingdome after his death: and whose lawes they were: whereupon holding a Parliament, he yeelded at last to the Barons request: from that day forward the lawes of King Edward were by his authority honoured, established, and confirmed through all England; which lawes were before found out, and enacted in the time of Edgar, Grandfather to King Edward.] After this, Houeden entreth into a large dis∣course to proue, that the lawes which the Conquerour establi∣shed, were King Edwards lawes, which lawes, saith he, were cal∣led King Edwards lawes, not because hee inuented them first, but because after they had beene buried in some neglect, lying vnregarded and not put in due execution for the space of three score and eight yeares after Edgars death (for so many yeares are betweene King Edgars death, and S. Edwards Coronation) he reuiued them: And thus much he confirmeth that the lawes established by the Conquerour, were S. Edwards lawes, and the same which were in vse here in the daies of that peaceable King Edgar.

And it is not without good reason collected, that the

same lawes proceeded from King Alphred: for he, like another Iustinian is reported to haue compiled certaine volumes of* 2.146 lawes, not onely from the lawes of the Britaines, Saxons, and Danes, but also of the ancient Grecians and other: Besides that he translated into the Saxon tongue those lawes, which were called the Molmucin lawes, and also the Martia•…•… lawes, the one of Dunwallo Molmucius an auncient Brittish King, the other so named of Martia Proba an auncient Brittish Queene. And that William the Conquerour established the Saxon lawes, it is likewise testified by Henry Huntingdon, who saith thus: Saxones pro viribus paulatim terram bello capessentes, captam obtiuebant, obtentam aedificabant, aedificatam legibus regebant: Nee non & Normanici cito & breuiter terram subdentes sibi, victis vitam & libertatem leges{que} antiquas regni iure concesserunt. [The Saxons by a strong hand ouercame the land in time by war, built as they o∣uer came, and as they built gouerned it by lawes: The Normans also quickly subduing the land vnder them, yet graunted by the right of the Kingdome, lise and libertie, and the auncient lawes to them whom they subdued.]

95. Then whereas William Rufus maintained the lawes and customes of his father, against the Pope, and Henry the first the lawes and customes of his brother and father, and Henry the second, the lawes and customes of the Kingdome, vsed by his Grandfather Henry the first, or any other afterward referring themselues to the same lawes: the lawes and customes of which they speake, are the auncient lawes and priuiledges of this land, confirmed by the Conquerour, receiued from King Edward, proceeding from King Edgar, and before him from King Al∣phred: And are therefore of much greater antiquity, then the Popish Religion lately concluded in the Councell of Trent, as many parts of that Religion were. Then it appeareth that the auncient lawes of this land did forbid an appeale to Rome: nei∣ther is that to be much maruelled; for why should it be thought strange, that an appeale to Rome was vtterly forbidden by the Church and State of England, feeing long before that time we finde the same thing forbidden by the Church of Africa. After this time wherein Appeales to Rome were forbidden in Eng∣land,

we finde that in Fraunce the same thing was prohibited by the law which the French call the pragmaticall Sanction: for in the yeare one thousand, two hundred, threescore and eight, Lewes the ninth French King, called S. Lewes, ordeined the pragmatical Sanction, wherein all the oppressions of the Church of Rome are vtterly forbidden, that none of those things be pra∣ctised in Fraunce, vnlesse it be by the expresse and free consent of the King, and Church of that Kingdome. Thus haue Kings alwaies prescribed against the Pope in matters of Iurisdiction, 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 depriuing Kings, and dissoluing the Oath of Alleageance, wherein consisted the highest pitch of this pretended Iurisdiction.

96. THE last and greatest point of this Iurisdiction, wherein the strings of this authority were stretch∣ed vp to the highest, was that their practise of Deposing Kings, and discharging Subiects from their Alleageance: By which practise the Church was confounded, the States of the world o∣uerturned, Kings robbed of their right, subiects of their faith and truth, euery nation scourged with warres and blood-shed: and in the common vexation of all Christendome, onely the Popes state, and worldly glory increased, who could not other∣wise rise, but with the ruine of the Church and States. In this place therefore I will, as breefely as I can, passe through by way of short History, the practise of the Popes, in deposing of Kings. That it may be apparant to the world, that we are so farre from being afraid to confesse this power, which they so much boast of; that we are rather readie to publish it to the world. For hereby all men which haue any vnderstanding of that power which Iesus Christ left to his Church, may know the Tyrannie, vsurpation, pride, vaine-glory, ambition, and madnesse of him

who exalteth himselfe in the Church against God, and against them that are called Gods. Wherein we may learne to be ar∣med with patience to suffer for a time, whatsoeuer the lust of proud and bloud-sucking Popes haue leaue to do for the sinnes of our Princes, and people, and Churches. For their time is set and drawing to an end, and nothing hath beene done, but that which is fore-warned in the Scripture. So that by these ambi∣tious and bloudy practises, wee shall finde how the Scriptures are fulfilled.

97. For one Scripture saith, that a starre must fall from hea∣uen,* 2.147 who must be a King of the Locusts, which is called also the Angell of the bottomlesse pit, whose name in Hebrew is Abad∣don, and in Greeke Apollyon, that is a destroyer. Which Pro∣phesie of his destroying power, is verified most apparantly in this practise of excommunicating Kings, and loosing the knot of obedience. Whereby confusion and destruction is brought vpon all Kingdomes of Christendome. Hereby he is proued to be a destroyer, an exterminator, an excommunicator. There∣fore the vulgar translation addeth significantly, Latine habens nomen exterminans. Another Scripture saith: The tenne Kings* 2.148 shall giue their power and authority to the beast. Though the Kings of Christendome did neuer directly yeeld to the Pope this authority ouer their owne Kingdomes, and ouer themselues, that the Popes might depose and displace them at his pleasure: yet this they gaue him in effect, and by consequence. For they gaue him so much, that he might vpon their owne graunt chal∣lenge this, and they who had graunted him so much, had no reason to except against his challenge. For though the King which was to be depriued, denied the Pope this power, yet such Princes did yeeld it to him, to whom the Pope had giuen the Kingdom of the deposed Prince: he did yeeld it, who should vse the benefit of the Popes vsurped power. For example: though the late Kings of France haue alwaies denied, that the Pope had any Authority to depose the French Kings, yet the Kings of France haue giuen him this power. For the former Kings yeel∣ded it, as Pipin, and Charles. For they had no other title to the Kingdome, then from this power of the Pope. Therefore they

yeelded that the Pope had power and authority to giue King∣domes, and in that sense gaue their power and authority to the beast. So that when these first French Kings, honoured the Pope with this vndue honour, though then they seemed to receiue Kingdomes from him, yet the Scripture looketh farther into these practises, then they did which practised them. For they respected onely themselues, their owne present greatnesse: but in receiuing such power from the Popes, they gaue, in trueth, their power and authority to the Popes. For how could they in iustice denie, but that the same power which deposed other Kings to raise them, might as well haue deposed them to raise other. Thus most of the Kings of Christendome gaue their kingdomes to the Popes. That this new and strange power of Antichrist may better appeare, I will open the beginning and continuance of the Popes practise herein.

Leo Iconomachus.

98. THe first Prince vpon whom the Pope began this pra∣ctise, was Leo the Emperour, whom Platina calleth Leo the third, he was called Iconomachus for defacing of Ima∣ges. This Prince was deposed by Gregory the third, who was Pope in the yeare seuen hundred ninety sixe. Pope Gregory the second prepared the way thus. When Leo the Emperour being much offended at the superstitious and foule abuse of Images, which he saw daily then growing in the Church, did vtterly de∣face Images in Churches, and commaunded Pope Gregory the second, then Bishop of Rome to doe the like, the Pope tooke* 2.149 his aduise in such indignation, that he raised all Italy in rebelli∣on against him. So the Emperour lost his holde in Italy, and a number of little States were raised in Italy, euery City striuing to make it selfe a free State. Gregory the second hauing done thus much died, and left the place to Gregory the third, who* 2.150 succeeded him. This Pope as soone as euer he was chosen, by the consent of the Romane Clergy, depriued Leo the third Em∣perour, from the Empire, and from the communion of the faith∣full, for the same cause: to wit, for defacing Images which were

set vp in Churches to be worshipped. This was the ground of the Popes proceeding against the Emperour, which is to be ob∣serued. By this wee see the state of Rome cleane changed, for whereas the Emperours at the first were persecutours, and the Bishops of Rome were such as suffered for righteousnesse: Now had they changed places, for the Popes were become persecu∣tours, and the Emperours were such as suffered for righteous∣nesse. For what was the Emperour Leo his fault in breaking downe and defacing Images, after that hee found that diuine worship was exhibited to them, other then that so much com∣mended zeale of Ezekias in breaking downe the brasen Ser∣pent? so that if we looke vpon this fact of the Emperour (which was the occasion why the Popes so proceeded against him) there can nothing appeare but the Popes persecution, and the Emperours suffering for righteousnesse. Pope Gregory the third, after this called a Synod in Rome, wherein the worship of Ima∣ges* 2.151 was established, and all excommunicated that held the con∣trary. All Italy, saith Onuphrius, fell away from the obedience of Leo the Emperour, with the City of Rome, and other We∣sterne parts of the Empire, which were before subiect to the Emperour, excepting Sicily, and a part of Liguria, and a little corner of Calabria. All this the Emperour lost at once by the practise of Popes.

99. Now because wee consider these beginnings of the Popes persecutions, (for he began with the Emperour, whom thus he driued out of Italy, putting him from all gouernment in Rome, and after tooke vp his place and gouernement) let vs heere remember an auncient tradition of the auncient Fathers, who wrote before these times with freedom. For they are al re∣solued vpon this, as vpon an Apostolicall tradition, that An∣tichrist must driue the Emperour out of the gouernement of Rome and Italy, and take vp his place and seate. Tertullian doth* 2.152 often repeate this sentence, Romanus status cedet Antichristo. That is: [The Romane Empire must giue place to Antichrist.] And in another place he saith: Qui nunc tenet teneat, donec de medio fiat. Quis? nisi Romanus status. That is: [Hee that now with-holdeth, shall with-hold till he be taken out of the way:

Who is that? the Romane Empire.] And vpon those words of the Apostle: [He that now with-holdeth, shall with-hold vntill* 2.153 he be taken away:] The auncient Fathers writing, doe with an admirable consent agree vpon this, that the thing which the Apostle saith, did with-hold, and should with-hold for a time, was the Romane Empire. For the Empire of Antichrist must be raised vp in the same place, where that Empire stood that is in Rome. And therefore Hierome writing of those wordes of the Apostle, except there come a departing first, & that that man be disclosed: saith, Nisi venerit discessio primum, vt omnes gentes* 2.154 quae Romano Imperio subiacent, recedant abeis. That is: [Vnlesse a departing first come, that all the Nations which now are sub∣iect to the Empire of Rome, may depart from that subiection.] 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 tolde you of these things, saith the Apostle. If any man aske why the Apostle thought good rather to commit this thing to their memory, then to writing: to this the same Author Saint Hierome aunswereth in the same place: Si apertè audacter{que} dixisset, non veniet Antichristus, nisi prius Ro∣manum deleatur Imperium, iusta causa persecutionis in orientem tunc Ecclesiam consurgere videbatur. That is: [If Saint Paul had said plainly and boldly, Antichrist shall not come, vnlesse the Romane Empire be first destroyed, this might haue ministred a iust cause of persecution to the Church then rising.] Then the Apostle would not speake this thing directly for feare of draw∣ing a persecution vpon the Church, but committed it to their memories: Remember you not that when I was yet with you, I told you? If any man demaund this question; why then, doe you admit some Apostolicall traditions? I answer.

100. Let these two limitations be remembred, and then I know not why Apostolicall traditions may not bee admitted. First, it must haue an euident ground in the Scripture: Secondly, it must haue the consenting testimonie of auncient Fathers, con∣firming it to be an Apostolicall tradition. These two conditi∣ons are both kept, in this particular which now I speake of; and in the baptising of Infants. But to take a tradition from the

bare testimony of any Church, without a ground of Scripture, and the testimonie of the ancient Fathers, bearing witnesse that it was an Apostolicall tradition: this wee vtterly refuse as vn∣warrantable. Concerning this particular, the rest of the Fathers yeeld the like consent to these. Ambrose saith: Non prius veniet* 2.155 Antichristus quam Regni Romani fiat defectio. Augustine saith: Quidam putant hec de Imperio dictum fuisse Romano, & proptereà* 2.156 Paulum Apostolum non •…•…d aperte scribere voluisse, ne calumniam videlicet incurreret, quasi Romano Imperiomalè optauerit. And in the same place: Tantum qui modo tenet teneat, donec de medio tol∣latur: non absurdè de ipso Romano Imperio creditur. Another of the auncients saith thus: Vt qui tenet nunc teneat donec de medio* 2.157 fiat. Donec Regnum quod nunc tenet de medio auferatur, prius∣quam Antichristus reueletur. Iohn Chrysostome, and Oecumenius, summing his words, say thns, writing vpon that Scripture. 2. Thess. 2. Solum est qui modo retinet. Thronus videlicet, & Regnum Romanorum, quodnunc impedimento est donec cesset, finem{que} acci∣piat, •…•…uncreuelabitur iniquus ille, hoc est Antichristus. Vbi enim Imperium Rom. fuerit dissolutum, tunc Antichristus rebellione ir∣ruet, ac obtinere conabitur non hominum solum, verum Dei Imperi∣um. Romanorum autem Imperium ipse Antichristus perfectè abo∣lebit. Quemadmodum 〈◊〉〈◊〉 Medorum Imperium à Babylonijs dissolutum est, & Babyloniorum à Persis, Persarum quo{que} à Ma∣cedonibus, & Macedonum a Romanis; it a & Romanorum ab An∣tichristo, & Antichristi à Domino nostro. [That thing which with∣holdeth, is the Romane Empire, which now stayeth the matter till it cease and come to an end. Then shall that wicked man be reuealed, that is, Antichrist. For when the Romane Empire shall be destroyed, then shall Antichrist by rebellion inuade, and shall seeke to draw to himselfe not onely the power of men, but of God also. And Antichrist shall vtterly make an end of the Romane Empire. For as the Empire of the Medes was destroy∣ed by the Babylonians, and that of the Babylonians by the Per∣sians, and that of the Persians by the Macedonians, and that of the Macedonians by the Romanes: so shal that of the Romanes be destroyed by Antichrist, and that of Antichrist by our Lord Iesus Christ.

101. By all which wee findè by the consenting iudgement of the Fathers, that Antichrist must rise vp vpon the ruine of the Romane Empire. And finding the power and gouernement of the auncient Romane Emperours to be vtterly ruinated by Gre∣gory the second, the title of the Empire to be taken away from those Emperours by Gregory the third: the rule of the City of Rome (which was the auncient seate of the Empire) taken vp and surprised by the Pope: the Cities of the Empire neere ad∣ioyning to Rome, to bee brought vnder the subiection of the Pope: by conferring the Prophesies of Scripture interpreted by the Fathers, with these euents which by History are truly re∣corded, laying one thing to another, the conclusion is euident. My purpose is not to speake of Antichrist; but onely passing through these Stories of the Popes temporall exaltation, I thought it a small labour for the Reader to compare the Pro∣phesies of Scripture, and the iudgement of auncient Fathers with the euent, which fell out in the time of the two Gregories, the second and third. Before which time the Popes neuer en∣tred into such furious attempts against their Soueraigne Lords the Emperours. For they yeelded exact obedience to Empe∣rours from the time of the first Christian Emperour, vntill the time of Gregory the first. All which while they refused not to be ruled, commaunded, directed by the Emperours as by their Soueraignes, not onely in ciuill affaires, but euen in matters concerning the externall Discipline of the Church, as calling of Councels, and confirming them: punishing and censuring disorderous Clarkes and Bishops, that offended the Imperiall Lawes, and such like. In such things the Emperours ruled, the Popes obeyed: no striuing, no threatning, no casting off of the yoake appeared all this while. But after that Phocas had gran∣ted to Beniface the third Pope, the title of Oecumenicall Bishop, and that the Church of Rome should be head of all other Chur∣ches: then began that starre to fall from heauen, falling from* 2.158 the simplicity of truth & from sincerity of obedience, into pride, ambition, and noysome lusts; and neuer ceased rolling down∣wards till at last it fell into the deepe practises of the bottom∣lesse pit. Thus when they began to fall, they had one fall after

another. They fell not into the practise of deposing Princes,* 2.159 vntill the time of Gregory the third.

Childeric or Chilperic.

102. THe Popes hauing proceeded thus farre in depo∣sing the Emperour, thought all their labour lost, vnlesse they might haue those Territories made subiect to them∣selues, from which they had expulsed the Emperor: Their feare was, that either the seuerall Cities would procure their owne Freedome, or that some that were strongest would surprise all the rest, and so a small part might come to the Popes share. The Lumbards were then strongest in Italy, and had soone gotten the rest vnder their Dominion: To preuent their rising, and to inrich S. Peter with a new Patrimonie, the Popes after they had vsed the power of the Lumbards against the Emperour, so now against the Lumbards begin to call new aides into Italie, drawing first Pipin, and then Charles against the Lumbards, by whose meanes they obteyned their purpose: Pipin was made* 2.160 King of Fraunce for this seruice, and Childeric the right King was deposed by Pope Stephen saith Harmannus Contra∣ctus: other attribute this to Pope Zachary. Childeric was sha∣uen and thrust into a Monastery. After all this there stuck a scru∣ple in the conscience of Pipin, for he had taken an Oath of Alle∣geance to Childeric his Soueraigne; this scruple the Pope vn∣dertooke* 2.161 to remoue: For, saith Vspergensis, Pope Stephen ab∣solued him of his Oath, which in former times he had taken to his Soueraigne Childeric. Thus were these great affaires orde∣red and disordered, the Emperour deposed, his subiects raised in rebellion against him, the Pope exalted and inriched by the spoiles of the Empire, the French king deposed, his subiects ab∣solued from their Oathes and Alleageance, another set vp in the kingdome. These were practises which before this time were neuer attempted by Popes: From these beginnings and exam∣ples the succeeding Popes tooke light, and made rules of their Gouernement; and therefore after this, the world could take no rest for the Popes. Moreouer after these examples of Pipin

and Charles, they who through ambition aspired without right or Title to kingdomes, haue deuoted their seruice wholly to the Pope. And what holdeth the Spaniard so stiffe in Popery, but onely an hope that by the Popes authority he may inlarge his Dominions in the same sort? It is to be noted also, that they who thus offer their seruice to the Pope, are honoured by him, as the onely defenders of the Church, whereas none haue spoiled the Church more then these: for Paulus Aemylius re∣cordeth, 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 victo∣rie against the Sarracins, he would bountifully repay all: But af∣ter most great and rich victories, he not onely repayed nothing, but thrust also the Bishpppes from their Seas, held the Seas empty to pay souldiers; which thing brought a foule confusion vpon the Church of Fraunce: yet this man for his seruice to the Pope was accounted a great defendor of the Church.

Henry the fourth Emperour.

103. THe auncient manner of choosing Popes, was by the Emperours consent, after that Emperours be∣came Christian: This was practised from the time of Constan∣tine, till Hadrian the third, saith Platina, who maketh this Ha∣drian the first, who altred this auncient manner: he tooke the opportunity of the absense of Charles the grosse then Emperor;* 2.162 who was so incumbred with the warres of the Normanes that he could not attend this businesse. But Onuphrius in his Chro∣nicle of Popes, setteth Iohn the fift to be the first Pope that was chosen without the Emperours commaundem•…•…nt and appoin∣ting: both may be well reconciled: for Onuphrius speaketh of the Popes vnder the auncient Emperours: Platina of the Popes* 2.163 vnder the French and Germane Emperours, for from Constan∣tine till Iohn the fift Pope, no Pope was chosen without the Emperours consent: from Iohn the fift Pope, till Charles the first, no Pope was chosen by the Emperours consent: Charles the first recouered the auncient rights of the Empire, as before we declared: from his time till Hadrian the third, no Pope was

chosen without the Emperours consent: from Hadrian the third, the consent of the Emperour was not required, if Pla•…•…ina say true: others witnesse, that the Popes were alwaies chosen by the consent of the Emperor, till Hildebrand. The Popes thus striuing to cast off the ancient yoake, when Gregory the seuenth was chosen Pope, he added vnto this practise of reiecting the Emperours consent, many moe practises, by blood, fraud, diue∣lish pride and Necromancy aspiring to the Papacy, and was at last made Pope, not onely without the consent of the Emperor,* 2.164 but without the consent of the Cardinals also, onely a company of armed men with some few of the Clergie, gaue out that Hil∣debrand* 2.165 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 Emperour called a Councell at Wormes to represse Hildebrand: The Bishops of that Councell* 2.166 condemned Hildebrand for intruding into the Papacy, & for his infamous & prodigious conuersation, & adiudgedhim to be de∣posed. Hildebrand vpon the knowledg of these news excommu∣nicated the Emperor, depriued him of Gouernement, absolued his subiects from their Oath of Alleageance. The Emperor of a sudden being robbed of his friends & subiects by the practise of them whom Hildebrād had set to negotiate this matter, was dri∣uen to the greatest debasement of himselfe, that hath bin heard of, bare-foot in a sharp Frost in deepe Winter, three daies atten∣ding at Canusium with his wife & child before he was admitted to the Popes presence: when he was admitted, and had craued pardon: his censure was, to stand at the mercy of Hildebrand: Which when he had confirmed by an Oath, the Pope absolued him, but afterward set vp Rodolph Duke of Sueuia in warre a∣gainst him. Rodolph being thus stirred vp to Rebellion against his Soueraigne, was so wounded in a battell, that being carried to Merseburge without hope of life, called the Nobles and Bi∣shoppes that had fauoured him; and in their presence behold∣ing* 2.167 his right hand which was smitten off in the battell, This, quoth he, is that hand by which I confirmed an Oath of mine* 2.168 Alleageance to my Master Henry: this haue I gotten by follo∣wing

your Councell, returne you to your Master, and keep your first faith, as for me, I goe to my Fathers.

105. The Emperour after this, gathered a Synode at Brixia: The Bishoppes of Italy, Lumbardy, Germany meeting there, condemned Hildebrand for a disturber of Christendome, a dis∣orderer of the Church, a periurous, sacrilegious Incendiary, a Witch and Necromancer. The Emperour besieged him in the Castle of S. Peter, but Hildebrand vnderstanding that the Em∣perour* 2.169 vsed to resort to S. Maries Church to pray, set a knaue aboue the place where he vsed to pray, to throw downe a great stone vpon him, and to kill him. VVhilst the varlet was setting the stone for that purpose, downe comes the stone and the tray∣tor with it, who was crushed to peeces therewith. After that Hildebrand had set vp many such practises against the Empe∣rour without effect, he betooke himselfe to flight: And •…•…an∣dring like a Vagabond without comfort, without helpe, with∣out hope, though brought to a most pitifull estate, yet pitied of no man, trauelling vnder the vnsupportable burden of a restlesse conscience, he died for griefe at Salernum. By all which we see, that this new and monstrous practise of deposing Kings, was resisted by the Emperour, as pestiferous against his estate, dis∣claimed by Bishoppes, as a thing strangely disordering the Church and ciuill States, and iustly reuenged by God, as a thing abhominable. The Chronicles obserue, as it is noted in Vsper∣gensis, Fol. 226. that this Henry the fourth had fought three score and two pitched battels, in number surpassing M. Marcellus and Iulius Caesar, of whom the one fought thirty, the other fiftie.

Henry the fift.

106. WHen Hildebrand and Rodolph both conspi∣ring against Henry the fourth, were both o∣uerthrowne, the succeeding Popes maintaining the same polli∣cy and practise (for it were pittie but that these Apostolicall practises were well knowne) raised Henry the fift in armes a∣gainst his father Henry the fourth: this old Emperour being wearie of troubles, and desirous to haue some repose, made his* 2.170

purpose knowne, that hee would resigne all gouernment to his sonne, and goe himselfe in person to visite the Sepulcher of Christ: but the sonne was stirred vp by the Popes to rebell a∣gainst his Father, before hee had vndertaken that iourney. To colour his rebellion, hee protested that hee sought not his Fa∣thers Throne for desire of dominion, neither wished he the de∣prination of his Lord and Father: but if his Father would bee subiect to Saint Peter and his Successours, then would he yeeld him the Empire. The end of this contention was this. The old Emperour was surprised, imprisoned by his sonne, and so died. There is an Epistle of this Emperour extant in Naucler, where∣in he complaineth that he was betrayed against all humane and diuine Lawes, being inuited by his sonne to a Treaty of peace, after faith and assurance giuen for his life and honour, comming peaceably to Mentz, was surprised treacherously. After all this Henry the fift comming to Rome, found no more fauour then his Father had done. For Paschalis the second contended with him so earnestly for Inuestitures (which was the quarrell for which his Father felt so much the Popes anger) that thereupon a tu•…•…ult was raised, in that tumult Pope Paschalis was taken. Who being in the Emperours power, confirmed the Emperors Iurisdictión, and disclaimed the right of Inuestitures, yeelding it to the Emperour in that sort, as his auncestours had vsed the same in former times.

107. At this time the Cities of Italy tooke an Oath of alea∣geance to the same Emperour. But after all this grant of Pope* 2.171 Paschalis, no bond being sufficient to hold fast a Pope, he cal∣led a Councell at Rome; wherein he condemned all that him∣selfe had done in yeelding Inuestitures to the Emperour: and excommunicated the Emperour. The Emperor to preuent the dangers that might ensue, came again into Italy: and sent Am∣bassadors to the Pope, to try if these matters might be brought to a peaceable end. The Pope in the mean time calleth a Coun∣cell at the Lateran. In this Councell Pope Paschalis excusing that fact of his for yeelding Inuestitures to the Emperour, desi∣red all that were present to pray for him, that God would for∣giue him. For, saith he, that writing which I made, which is* 2.172

called a priuiledge, I doe heere condemne vnder an euerlasting curse, and pray that all you will doe the same. There followed a generall acclamation, Fiat, fiat: that is, be it so. Then Bruno Bishop of Signinum, faid: We haue cause to thanke God that we haue heard the Pope from his owne mouth condemne this priuiledge. Which is not a priuiledge, but rather a prauiledge, because it containeth prauity and heresie. Whereupon another stood vp and said: If that priuiledge containe heresie, then hee who made it is an heretique. Caietan being moued with the sharpnesse of that speach, answered: What? dost thou in this Councell, in the hearing of vs all, call the Pope an heretique? that writing was not heresie, but it was euill. Nay, quoth ano∣ther, it was not euill, &c. Paschalis by his hand commaunding silence, appeased the clamour, and tolde them that heresie ne∣uer entred into the Church of Rome. This I haue declared, that the Reader may vnderstand, what graue matters are hand∣led in some Popish Councels. In this Councell the excommu∣nication against the Emperour was renued. Whereupon such a ruine and vastation of Italy followed, that nothing could bee seene there for a time, but bloud-shed, burnings, robberies: the State and Church confounded, the true heires turned o•…•…t of their possessions; robbers and oppressours thrust in. All this mo∣ued not the Popes, to remit Inuestitures. The Emperour per∣ceiuing that nothing could moue the Popes, to loose so benefi∣ciall a Pray, no not the common calamity of Christendome: was perswaded to yeeld to the Pope in the end, in respect of the miseries that followed this contention. And so resigned Inue∣stitures to the Pope. Whereupon peace followed for a time.

Frederick Barbarossa.

108. FRederick the first, sirnamed Barbarossa is highly com∣mended by the Writers of that age, and of them that followed, for a Prince of great worth, wisedome, and valour. When he came into Italy the Pope met him, not with a purpose to honor him, but by him to be reuenged vpon the King of Si∣cily, with whom the Pope was at variance. Frederick receiued

the Pope with great reuerence, and as he lighted from his horse,* 2.173 held the left stirrope. This was made a great quarrell against Frederick, and though he made his reasonable excuse, that this was the first time that euer hee serued in that sort, and might therefore be pardoned for any thing vnskilfully done: that the office proceeding from good will, it made not much matter on which side he came, that came to reuerence him: yet the Pope would not be satisfied; but shewed himselfe so much offended, that the Emperour began to be somewhat moued; so that the parting was with some stomacke on both sides. The next day the Emperour meeting the Pope, helde the right stirrope, to please him: and when they were set, the Pope thus began. The Princes of auncient times your predecessours, when they came to make petition for the Imperiall crowne, were wont by some worthy office to promerit the fauour of the Church of Rome; that by preuenting the blessing, they might declare by some e∣gregious seruice that the Crowne was due to them. Thus did Charles by ouerthrowing the Lumbards, Thus did Otho by de∣feating the Berengarij, Thus did Lotharius by repressing the Normanes. So must you doe, and represse the King of Sicily with the Normanes, and restore Apulia to vs and the Church: and then you shall see what we will doe for our part. The Em∣perour vnderstanding well how vnreasonable the motion was, that Apulia, which was by right a part of the Empire should be taken from the King of Sicily at the Emperors charges, and be∣stowed vpon the Pope; yet for that time did giue a moderate answer, that he would goe into Germany & returne with fresh forces for that seruice, because these which were with him were much decayed.

109. This mention of the King of Sicily, draweth vs to speake somewhat of him, our purpose being to obserue the pra∣ctise of Popes in deposing of Kings. William King of Sicilia, held also Apulia, as hee receiued it from his Father Roger, to whom it came from Robert Guiscard, who first draue out the Moores from thence, and wonne the possession thereof. This* 2.174 William because he would not giue Apulia to the Pope, for in∣larging of Saint Peters Patrimonie, was excommunicated by

Pope Hadrian the fourth deposed from his Kingdome, his sub∣iects discharged of their Oath and Alleageance. And because William stood vpon his strength in his owne iust defence against the Pope, therefore the Pope would gladly haue set Frederick the Emperour against him. In the end William in feare partly of* 2.175 Frederick, but especially of Immanuel the Greeke Emperour (whose Orator Palaeologus, promised to driue William out of Ita∣ly, and to giue the Pope fiue thousand pound weight of gold, if three Hauen Townes of Apulia might be giuen to his Master by couenant after the victory) was driuen to compound with the Pope: and being thus forced thereto, did acknowledge that he* 2.176 held both those Kingdomes of the Pope.

110. When Frederick the Emperour vnderstoode that the Pope had made a league with William, and confirmed him in both the Kingdomes, after that he had moued Frederick to vn∣dertake the warres against him: was not a little greeued there∣at, considering also other greeuances and oppressions of Ger∣many. Whereupon he began to execute some seuere discipline against certaine dissolute persons of the Clergy, at which the Pope grew highly offended: hereupon some sharpe letters pas∣sed betweene them, as before we declared. But when the Em∣perour* 2.177 prepared a iourney into Italy with an Army, the Pope fearing the worst, made meanes, 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 Emperour and cursed him. Naucler declareth the motiue that drew the Pope to ex∣communicate* 2.178 the Emperour. Data pecunia immensa Domino Hadriano Papae vt imperatorem excommunicaret. A huge summe of money was giuen to Pope Hadrian, to excommunicate the Emperour. These be the Apostolicall censures, and these be the meanes that draw his holinesse to depose Princes. Pope Ha∣drian shortly after at Anagnia, walking abroad to take the ayre, as he would haue drunke a little water in a spring, a flie falling in to his mouth, stucke so fast in his throate, that no helpe of Ph•…•…sicke preuailing to remoue her, he was choaked therewith, and died.

111. I may not omit what Iohannes Flasboriensis, a Writer in this time, obserueth of this Hadrian, as from him Naucler* 2.179 reporteth. This Iohn affirmeth, that he heard Hadrian confesse thus much: [No man liueth in the world more miserable then the Pope of Rome: In this Sea haue I found so many miseries; that in respect of this present estate, all the bitternesse of my for∣mer* 2.180 life seemeth pleasure & happinesse: This ambition to seek the Papacy, euen by shedding our brothers bloud, this is to suc∣ceed Romulus in Paricide, not Peter in feeding.] By this auten∣tick testimonie of Pope Hadrian a witnesse without exception, we see what it is to be a Pope. Marcellus the secōd as Onuphrius* 2.181 reporteth in his life: gaue the like censure of the Papacy, adding thus much: [That hee saw no meanes how any Pope could be saued.] These are the testimonies of the Popes themselues, who deserue to be beleeued speaking of a matter whereof they had so great experience. After the death of Hadrian, Alexan∣der the fift being chosen Pope, renueth the excommunication against Frederick, thundering out great curses vpon him, and sent letters abroad to all Princes and people to raise tumults a∣gainst him. The Emperour to pacifie the troubles of Christen∣dome which were growing by the Schisme, which then began betweene this Alexander and Victor the fourth, entreated the French King in some conuenient place to meete 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 preuented. The meeting was appointed at Diuion. Thither came Frederick and Uictor. Thither came Henry the second King of England, and William King of Scotland. But Alexander was so much afraid of this meeting, that hee perswaded Philip the French King, who had promised to meete the Emperour here, to practise a trick which better beseemed a shifting Pope, then an honourable Prince. The deuise was, that the French King should come to the place before the Emperor was come, & wash his hands in the Riuer that ran by the place; and by the voice of a Criar, should call the Emperour three times, and as if this were the keeping of his promise, afterward hee should de∣part. When the Emperour and the Kings of England and Scot∣land

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 returne to Rome, and went their waies.

112. I passe by Fredericks iourney to the holy land, his warres there, how Pope Alexander sent his Image to the Soul∣dian; how being taken prisoner when he would haue dissimu∣lated his estate, he was knowne by his picture: how after his returne he raised an Army, and led the same into Italy against Alexander: how against the Venetians, who tooke part with Alexander, he sent his sonne Otho: how his sonne was taken prisoner: which estate of his sonne gaue Alexander the ad∣uantage, and made the Emperour content to yeelde. The con∣clusion* 2.182 was: The Emperour must come into Saint Marke his Church in Venice, and there humbly seeke absolution at the Popes handes. Fredericke did so: The Pope commanded him to aske pardon prostrate on the ground; the Emperour suspect∣ing no contumely, did so. The humble, milde, and mortified Vicar of Christ, hauing the Emperor thus prostrate before him, set his foote vpon the Emperours necke, vsing those wordes: Super Aspidem & Basiliscum ambulabis, & conculcabis Leonem* 2.183 & Draconem: The Emperours answere was, Non tibi, sed Petro: The Pope replied, Et mihi & Petro. These be examples of the Popes power in excommunicating Emperours: from which examples they draw the claim of a right which they pretend to haue. The Popish writers hope that men will be perswaded by the examples of the Popes power, that this power was gi∣uen to S. Peter, and in him to all Popes, because there appeareth such Christian moderation, humility, and mildenesse therein. Though there be nothing in Scripture for them, but all against them; though the auncient fathers expresly denied the Popes to haue Iurisdiction ouer other Bishpopes, yet they doubt not but they shall finde some that will rest perswaded, that Christ left this fulnesse of power to the Popes, which conteineth So∣ueraigne Iurisdiction, not onely ouer all Bishoppes, but ouer all temporall Princes also.

Henry the sixt, and Philip.

113. HEnry the sixt Emperour succeeded Frederic. This* 2.184 Henry left a young sonne Frederic an Infant, yet elect to be Emperour, and committed his education and weldoing to the trust of Pope Innocens the third, leauing the Empire to his brother Philip vntill the childe should growe to age. Pope Innocent this trustie tutor, purposing the destruction both of Philip and young Fredericke set vp another Emperour, which procured great vexation and trouble to them, and to all Germany. And first he quarrelled Philip, that he stood vnder an old excommunication of Celestinus; but afterward making semblance of fauour and reconciliation with him, hee sent the Bishoppe of Sutrium, to demand pledges (certaine men whose eyes his brother Henry had plucked out). The Bishoppe came and receiued the blinde pledges, and at the earnest request of Philip, absolued him from the excommunication. The Pope when he had gotten these blinde men, made publicke shew of them to moue enuie against Philip: that done, he excommuni∣cated the Bishoppe of Sutrium for absoluing Philip without his commaundement: the Bishoppe was depriued, and so stood depriued all the daies of his life. Then laboured the Pope to stirre vp Bertholdu•…•… Duke of Zaringia against Philip, whom he would haue obtruded to the Electours: But Berthold vtterly refusing to rebell, sent his Nephewes to Philip for Hostages of his Faith and Alleageance, and came himselfe and sware Allea∣geance to him: at which the Pope taking great indignation, brake out into these wordes: Either shall the Pope pull the Crown from Philip, or Philip shal pull the Miter from the Pope. And sent therefore to Otho sonne to Henry Leo, a Prince more noted for boldnesse, pride and ambition, then for wisedome and moderation.

114. To this man the Pope Innocent sent a Crowne, and set him vp against Philippe for the Empire, excommunicating Philippe, and pulling all helpes from him that possible hee could, and so filled the world with warres. As Philip and

Otho were thus plunged in warres, all Princes and people trou∣bled; there was not a Bishopricke, or Ecclesiasticall dignity, or Parish-Church which was not made litigious; and in the com∣mon miseries of Christendome, and confusion of the Church, the Pope onely reioyced, increasing his wealth by the ruines of the Church: the calamity of all men was turned to his happi∣nesse. To expresse this true felicity of the Pope, and the Court of Rome, in the misery and vexation of all the world, mine Au∣thour breaketh out into these wordes: [O our mother Rome,* 2.185 reioyce, because the Cataracts of earthly treasures are ope∣ned, that vnto thee Riuers may flow, and Mountaines of siluer may be brought in great abundance to thee: be thou ioyfull for the iniquity of the sonnes of men, because in recompence of so much mischiefe as from thee proceedeth, the price retur∣neth to thee. Let thine heart be merry for the discord and dis∣sention that troubleth all other, but helpeth thee; for out of the infernall pit it breaketh to heape vp much money as a re∣ward to thee. Thou hast that which alwaies thou hast thirsted after, and longed for: Now maist thou sing this song, that thou hast ouercome the world, not by thy Religion, but by the mali∣tiousnesse of men. That which draweth men to thee, is not thy deuotion, or a pure conscience, but impudency and boldnesse, to commit all wickednes, and hope of impunity: for their hope is to defend and maintaine any wickednesse where thou art the Iudge, and when the price is prepared.] Thus farre Us∣pergensis, making some what bold with that innocent Pope In∣nocentius. In this contention which the Pope raised, Otho had the helpes of the King of Bohemia, the Lantgraue of Thuring, the Bishoppe of Colon: these inclined to him being drawne as well by the Popes cursing of Philip, as also for that they saw that Otho was strong by meanes of his Vncle Richard King of England. But at last Otho being wearied with the warres, and perceiuing Philips affaires to prosper, was content to heare of peace.

115. The Pope himselfe after all his malice thus spent, made a motion of reconciliation betweene them, vpon this condition, that Philips daughter should be giuen in marriage to

Richard the Popes brothers sonne, newly created Earle of Thu∣scia, Spoletum, and Marchia Anconitana, hoping that these lands and Titles which then his Nephew inioyed onely by the Popes fauour, and at his will, might by this meanes afterward passe 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 Popes excommunications and absolu∣tions, and of raising warres in Christendome, that they might by troubling Christendome drawe some aduantages to them∣selues. The Popes motion was scorned of the Princes, and the daughter of Philip was giuen in marriage to Otho, and Articles agreed on that Philip during his life should gouerne, and after him Otho.

Otho the fourth.

116. PHilip the last Emperour being murdered by the practise and hand of the Countie Palatin Wittle∣spach, Germany fell within the power of the Popes vexation more then before: Hoc vno Philippo p•…•…rempto (saith Naucler)* 2.186 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 feele in a manner all his force and power against it. Otho after this, comming to Rome, Innocentius the third who had set him vp in armes against Phi∣lip, entertained him with great shew of fauor, but this loue was turned shortly into greater hatred: For whilst Pope Innocent was somewhat too busie in exacting an Oath of Otho, and sti•…•…red vp or heartned some of the Citizens of Rome against the Germanes, the Romanes drew to a tumult, and killed one thou∣sand and a hundred Germanes, who suspected no harme. Otho* 2.187 being much moued at this Romish entertainment, first moued that in some peaceable manner mends might be made: but perceiuing them to be inraged, that they seemed more ready to giue him a new on-set, then to offer or to accept peace: hee departed out of the Citie, and finding by suspitions and pre∣sumptions

that Pope Innocent had giuen some occasion and heartning to the Citizens in that tumult: he resolued to be re∣uenged vpon the Pope, and entred into the lands of S. Peters Patrimony, making great wast and desolation where he came. Wherefore Pope Innocent excommunicated him, and absolued all Prelates, Lordes, and all the people that were subiect to the Empire from that Oath of Alleageance, which they had taken to Otho, commanding all men not to call him or account him Emperour, nor in any thing to yeelde 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 ouer the Emperour, or to dispose of the Empire, and therefore notwithstanding all that the Pope had done, still he did beare himselfe as Emperour. And comming into Ger∣many, he held a Diet at Norinberge, where he opened to the Princes of Germanie, the manifold and fraudulent practises of* 2.188 the Pope against him: and mine Authour reporteth, that there he made this speech: [Now is the time come, O Princes, for you to shew your courage and care of the Empire, and for the administration thereof; for to you, onely to you, belongeth this right of disposing of the Germane Empire: therefore it must be your care to preuent these troubles. This we confesse to be in your power, and of your right to create an Emperour, or to depose him, to set him vp or pull him downe, and that herein the Pope hath no Iurisdiction: when any trouble ariseth in the Empire, you haue the power and right to redresse it. Now then like true Germanes defend your owne right, shew your courage and strength in the maintenance of your Country lawes, and of the imperiall dignity: either now maintaine your owne right, or else you shall loose all: for if by your facility you permit the Pope to dispose of the Empire at his pleasure, you shall soone finde most assuredly that your power in the choise of an Emperour shall be vtterly ouerthrowne and brought to nothing.] Thus did Otho then reiect the Popes power: but the Pope was too subtill and too strong for him, for he set vp Fredericke the son of Henry the sixt against him, to whom the Princes of Germany were bound in an auncien•…•… Oath of Allea∣geance,

The memory of which bond did so preiudice Otho that he was forsaken, and Frederick was made Emperour.

Frederick the second.

118. FRederick the second, purposing to demerit the Popes fauour, and to asswage the insatiable thirst of bloud and warres: gaue many great and rich gifts to the Pope, gran∣ted much land, and many territories in Italy to the Church of Rome: but nothing could asswage the spirit that ruled in the Popes. For after all this kindnesse of the Emperour, the Pope (then Honorius the third) gaue fauour and encouragement to two Earles of Thuscia, Richard (or as Vspergensis calleth him Mathew) and Thomas, notorious enemies of the Emperour, and conuict of Treason against him. Whom when Frederick pursued in battell, they betooke themselues to the protection of the Pope as their surest refuge. The Emperor followed them with∣in the Popes territories: he declared also his right to Sicily and Apulia, and the auncient Priuiledges which those Kings had al∣waies vsed for Inuestitures, which priuiledges in his nonage* 2.189 (who was left to Innocent the third, as to a faithfull Tutor) were surprised by the same Innocent, taken from his mother Constan∣tia, himselfe being yong & not able to make resistance. As thus Frederick sought to maintaine his right, Honorius draweth out this new and strange weapon against him, excommunicating, and depriuing him, raising vp his subiects against him, perswa∣ding them to shake off their faith, Oath, Alleageance, and all respect of the Emperor. The Lumbards he stirred vp in rebelli∣on against the Emperour, procuring thereby great preiudice to the Empire (saith Naucler) and defeating the purpose of the iourney, which Frederick intended to the holy land; and in the beginning of these furious attempts, hee was cutte short by Death.

119. Gregory the ninth who succeeded, began there, where Honorius left. And because he sought a pretence for his fury, he* 2.190 accused the Emperour, for that he had not performed his vowe of that iourney to Ierusalem, whereunto he was drawne by Ho∣norius

(Though this iourney he performed afterward) Thus the Pope neither conuicting him, no•…•… conuenting him, nor once hearing him, thundred out his bolt of excommunication. When the Emperours Ambassadours entreated that they might be ad∣mitted to rēder reasons of his stay, they could not be admitted, but the Pope doubled & redoubled his excommunication. Fre∣derick to mitigate this mon•…•…trous rage, vndertooke the iourney to Ierusalem, and performed the seruice with great labour and no lesse glory. But now behold the true reach of the Popes excommunications, and exhortations to the holy seruice. As soone as euer the Emperour was gone to Asia, then the Pope declaring why he so much desired his absence, raised forces and sent them to subdue Apulia to bring it vnder his subiection. The Souldiers which were signed with the Crosse for the holy wars he stayed, and them he spoiled of their prouision. Froderick in the meane time recouered Hierusalem, 〈◊〉〈◊〉, Ioppe from the Soldan, with other Townes, and wrote to the Pope of his successe: but the Pope suppressed those newes, and gaue forth that Fr•…•…derick was slaine, t•…•… the end that he might with grea∣ter ease surprise certaine Cities of Apulia, which stood faithfull to Frederick. He slew with barbarous cruelty the Germane and French souldiers newly returned from the Easterne warres, least they should t•…•…ll the truth of the Emperours good successe. And when Frederick sent to him to be absolued for his seruice (as* 2.191 the Pope had promised to absolue him, if once hee would take that iourney) this now hee vtterly denied. And moreouer as Naucler reporteth, hee enioyned the Knights that were called Templarians and Hospitularians, with a strict commandement, to vse Frederick no otherwise then a publique enemie. This practise of turning the Souldiers which were crossed for the ho∣ly warres to the Popes purposes, was much vsed by the Popes, and the common vse of it made the Princes of Christendome vnderstand, that the Popes vsed the pretence of the holy warres, when they would bring to effect some particular of their own. Thus were great preparations of the French and Germanes ga∣thered* 2.192 by Innocent the third and Honorius the third, vnder pre∣tence of the warres of Ierusalem: but turned wholly against

the Emperour of Constantinople: to reduce that Church to the obedience of Rome. Thus were other preparations and •…•…uch money collected: pretended for the holy warres: but turned by Ma•…•…m the fourth against Peter King of Arragon. Thus were the like preparations pre•…•…ended for the same warres, but im∣ployed by Iohn the two and twentieth against Lodouick Duke of Bauare. Prascrip•…•…o sacrorum armorum ali•…•… spectauit (say∣eth* 2.193 Aemylius) Pontifex hostem iudioarat Lodoui•…•…um B•…•…uariae du∣cem.

120. Frederick returning into Italy from the East, after all these wrongs hauing both cause and means, opportunely offe∣ring it selfe to reuenge his wrongs: yet resolued not to bee drawne from his milde course. He made m•…•…anes to be recon∣ciled to the Pope: the Pope would not heare of reconciliation, vnlesse he would giue 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 bloud, cruelty and ambition: his absolutions in coue∣tousnesse. Frederick being thus absolued, was receiued by the Pope in a banquet, but all was counterfeit cheere. For no soo∣ner was Frederick returned into Germany, but presently hee vnderstood that the Princes of Germany had receiued directi∣ons from the Pope, to c•…•…use none of his family Emperour after him; that the Pope had conspired with his enemies to deiect him from the Empire. Frederick prepared an Army to represse the Lumbards, who had conspired against him, and tooke ma∣ny Cities in Lumbardy, Vmbria, and Hetruria. The Pope (be∣ing one of the same conspiracy) was so offended at Frederick, that he thundred out now the third time his excommunication against him, discharging áll his Subiects from their faith and al∣leageance. He made a league with the Venetians; and hee cal∣led the Lateran Councell, wherein the purpose was to depose Frederick. Hee commaunded also the heads of Peter and Paul to be caried through the City in solemne Procession. And cal∣ling the people together in Saint Peters Minister, hee made an Oration to them full of commiseration▪ stirring them vp to fight against the Emperour, and to take the signe of the Crosse as

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against an enemie of Christ, promising euerlasting life to all that tooke Armes against him.

121. The Emperour (in whom it appeared that the greatest patience once broken is turned into the greatest furie) vnder∣standing that the Pope, whom he had alwayes sought to miti∣gate, was not to be drawne by kindnesse or faire meanes, hea∣ring also that against himselfe as against a Turke or Sarracine the Crosse was giuen: brought his Army before the City of Rome; and ioyning battell against his enemies, put them to an ouerthrow, but especially hee declared his indignation against such as had taken the Crosse. For hee commaunded that they should be cut in the manner of a Crosse. Some had their heads clouen in foure quarters crosse-wise. The Clergie had first a c•…•…owne cut off to the quicke, and then were deepely crossed with a sword; that as they were called, so they might bee in truth signed with a Crosse. The Emperour also vnderstanding that the Popes Legates were sent out to call the Bishops of England and Fraunce to the Councell, kept watch in all the wayes that none might come to the Councell. He tooke diuers Cardinals and Bishops that were comming by shippe: some he drowned, others he hanged; among whom was the Popes bro∣ther. Pope Gregory hauing thus raised vp the quiet spirit of this Prince into su•…•…h a rage, and knowing no way how to appease him, or to rid himselfe out of these troubles, which himselfe had procured, for griefe died.

122. C•…•…lestinus the fourth succeeding, would alfo haue suc∣ceeded Gregory in the same hereditary spirit of rebellion, and sa∣uage crueltie, but a sudden death and short gouernment would not suffer him to performe his purpose: for within eighteene daies of his Election he was poisoned. In his place came Inno∣centius the fourth, who of a most inward friend of the Emperor, became a most mortall foe, and surpassed all his predecessours in spirituall fury against the good Emperour: for when Bald∣•…•…in King of Ierusalem, and Raymond Earle of Tholous labou∣red to establish peace betweene the Empire and Papacy, and had procured for that purpose a meeting: the Pope aided by the Fleete of Genua, gaue them the slippe and came to Lyons

in Fr ance, where he called a Synode. In this Synode the Pope caused Fred ericke to be cyted personally to appeare, and to an∣swere to such things as should be obiected against him. The Emperour appeared not, but sent thither Thaddaeus Suessanus a famous Lawyer in those daies: among other that the Empe∣rour sent, Naucler nameth also Petrum de Vineis, a learned and eloquent man at that time. These pleading for the Emperor, declared that he was hindred by such impediments, that perso∣nally he could not be present, and therefore they required with great submisnes on the Emperours behalfe, that a conuenient time might be assigned to him, wherein he might come and an∣swere. This reasonable petition was denied: the Pope drew out his terrible toole, excommunicating the Emperour, absol∣uing all Princes of the Empire from their Oath and faith, mo∣ued them to make choice of a new Emperour, alleaging many causes falsly deuised, as blasphemy, periury, sacriledge, and such like.

123. Fredericke after he heard of these proceedings against him, made readie for a iourney to Lyons: but as he was in the way, vnderstanding that they whom he had banished from Par∣ma, were returned thither by the Popes practise, and taking the Towne by force, had giuen a great ouerthrow to the other Ci∣tizens: fearing least this example might draw other Cities to the like reuolt: he gaue ouer the iourney to Lions, and wrote Letters to the French King, and all Prelates refuting the Popes friuolous obiections, declaring the iustice of his cause and his* 2.194 innocency. Innocentius regarding neither iustice nor innocen∣cy, pursued him by violence, malice, open warres, secret conspi∣racies, seeking all meanes that his vnholy head could inuent to take away the life of Fredericke. As he was taking his recrea∣tion in hauking at Grossetum by the Sea shore, neare to Sien, the Pope drew his owne seruants to a conspiracy: the conspi∣racy was detected, and the traytors had the reward of their treason. Innocentius who could not rest till he had done some Pontificall exploit against the life of this Prince, stirred vp the Princes of Germany to thrust downe Fredericke, and to set vp another: first was set vp Henry Lantgraue of Thuringia; this* 2.195

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 Earle of Holland set vp: this man was slaine in the warres which he had gaged against the Frisians: neither of these saith Naucler, were numbred among the Emperours. At last after so many secret traps laid for the life of this Prince, (behold the end of the Popes malice, where strength faileth) the Emperour was destroyed by poison.

King Iohn of England.

124. THe King of England sped no better then others, for by this vnbridled power of vsurped Iurisdicti∣on King Iohn with the whole Kingdome was brought into great trouble and perplexity: these troubles grew vpon a quar∣rell of Election betweene the Monkes of Canterbury, and the Suffraganes, in the seuenth yeare of King Iohn: for after the death of Hubert Archbishoppe of Canterbury, the Monkes without the knowledge of the King, or respect of the Suffra∣ganes, chose Reynold the Subpriour of the house, to be Arch∣bishoppe, who secretly went to Rome to haue this his electi∣on confirmed by the Pope: but stay was made at Rome, because he shewed not Letters commendatory from the King. The Monkes perceiuing that without those letters commendatory, they could not proceede, made request to the King that they might chuse another whom the King might commend: this the King liked well, and commended Iohn Gray the Bishoppe of Norwich, being his Chaplaine, and President of his Counsell (as Hollinshed saith, but Mat. Paris whom he cyteth, hath not so much) The Monkes gladly obeyed the Kings request, and mad•…•… choise of this man: but the Pope refusing both, thrust vpon them Stephen Langton, commanding and compelling so many of those Monkes of that Couent, as were then at Rome, to chuse him: the King was herewith much moued, because Stephen Langton was brought vp vnder the French King, and bound to him: betweene whom and King Iohn there was at that time much warre and dissention, wherefore the King ba∣nished

the Monkes that had chosen Stephen, and wrote to the Pope, that he had no reason to admit Stephen to such a place in his Kingdome, a man promoted by the French King, and at his commaund. This contention continuing, the Pope sent to the Bishoppes of England, commaunding them to put the King and his land vnder the sentence of interdiction, denoun∣cing him and his land accursed. The Bishoppes to whom the Pope wrote (being by this time become the Popes subiects and s•…•…ruants and not the Kings, which is the end which the Pope seeketh by his Iurisdiction) denounced the interdiction, and then fledde to Rome: King Iohn seeing many fall from his obe∣dience to the obedience of the Pope, drewe his people to an Oath of Alleageance. After this came Pa•…•…dulph Legat from the Pope, who after that he had beene here a while, was com∣maunded by the Pope to repaire to the French King, there with Stephen Langton to take Councell, and to stirre vp the French to make warres vpon King Iohn. Thus King Iohn was depriu•…•…d of his Gouernement, his subiects absolued from their Alleageance, by which practise many reuolted from him; so that he was left weake; and when the Pop•…•… had thus weakned him, then he set vp the French King in armes against him. The issue was this: The King circumuented by these practises of the Pope and oppressed, being also bereaued of all helpe, was forced to deliuer his Crowne to Pandulph, and receiued it from him againe, as from the Popes hands. And thus was Stephen Langton made Archbishoppe: this was done in the fifteenth yeare of King Iohn. An. Dom. 1213.

The Earle of Tholous.

125. WHen Frederick the second liued, so persecu∣ted by the Pope, as we haue declared: a new and strange generation rose vp of a suddaine, neuer seene in the world before, starting vp like those armed Souldiers, which the Poets faine to haue sprung vp suddenly of the Serpents teeth being sowed by Cadmus. Such a serpentine generation of Fri∣ars were newly hatched at this time: the first founders of them

were Francis and Do•…•…inick. For the Popes hauing a purpose to raise themselues aboue the Church, and aboue Kings and Em∣perours; as both by their profession and claime in the Canon Law, and by their practise was apparant; and for this purpose thundring out their excommunications vpon euery occasion, practising this power in deposing Princes: found themselues much crossed in these courses by Bishops, and especially by the Bishops of Germany; who stood out for a long time faithfull in the Church, and couragious against the Popes tyranny. Auen∣ti•…•…us giueth many testimonies of the courage of the German Bi∣shops (as else-where also we haue obserued of the English Bi∣shops) for he writing of the times of Frederick the second, the Bishops then saith he, were not as now they are addict to the seruice of the Pope, giuen to idlenesse and pleasure, but learned, industrious, louing Christ, and declaring their loue by feeding their flockes diligently. These were not for the Popes purpose. For in diuers Synodes they censured the Popes folly and ambi∣tion freely, and withstood his tyrannie. Then was the Church so gouerned by Bishops, all matters so iudged and determined, that the Pope might aduise, but hee could not by authority at∣tempt any thing in the Prouince of any Bishop: thinges being guided by truth, law, the iudgement of the wisest and best lear∣ned in the Prouince; and by the Councel and common consent of the Clergy of that Prouince. Who had reason to know the estate of their Church and Prouince, better then the Pope, or any stranger could doe. This godly order in the Church, the Pope had a purpose to confound: to opp•…•…esse the Bishops au∣thority, and to draw all power to himselfe. Hoc i•…•…stitutum (to vse the words of Aue•…•…tinus) tollere & antiquare, Episcoporum au∣toruatem Labefactare, ad vnius cu•…•…cta potestatem redigere com∣placitum est.

126. This being the purpose of Popes: for the better effe∣cting of it, it was thought fit & expedient to raise vp new Sects of Friars, which might be wholly at the deuotion and direction of the Pope; to dissolue the discipline of the Church; to molli∣fie and corrupt the auncient rigour of Bishops, to alter the aun∣cient doctrines, and bend them to the Popes purposes: and to

be resolute and desperate Ministers for establishing the Popes authority and Iurisdiction oue•…•… Kings; though it were to the wrack and common disordering of Christendome. For these purposes were Friars established at this time. And they wrought effectually to these ends. For the grauity, integrity, true honor, courage, constancy; and •…•…eputation of Bishops was neuer vtter∣ly ouerthrowne, till Friars became Bishoppes, then came these corruptions into Bishops Courts. Then and neuer before, came in these sordidous censures to punish sinne with pecuniary mu∣lcts in Bishops Courts, as I•…•…hn Wiclif doth witnesse, then and by them crept in the great corruptions of doctrine. And be∣cause when the Pope had excommunicated and deposed Prin∣ces, the Bishops in former times were not onely cold in execu∣ting the Popes fury, but sometimes withstoode those attempts as new, rash, and bloudy: the Friars were c•…•…eated to bee the firebrandes of Christendome for all the Popes furious enter∣prises.

127. The first seruice which the Friars did performe to the Pope, was in the execution of his excommunication against the* 2.196 Earle of Tholouse. The manner thereof by Mathew Paris, and other Writers, is described thus. Raimundus Earle of Tholouse was much enuied by the Pope, for fauouring them who then were called A•…•…bigenses. The Pope without examination of his cause, without iudiciall proceeding against the Earle, excom∣municated* 2.197 him, and gaue his lands to Simon Montford. Which gift when Simon claimed in a parly before the Popes Legate: the Earle defended his right, and entreated the Cardinall the Popes Legat, to come to his Cities. And if hee found any that held any erroneous point of doctrine, he promised it should be reformed. And h•…•…rein the Earle promised his best helpe and assistance to the Cardinall. So confident was the Earle, knowing that no errour in doctrine could be found in his people, know∣ing also that the quarrell was not then for doctrine, but onely for Iurisdiction. And this thing the Cardinall well vnderstan∣ding, would not make any examination of th•…•…ir Doctrines. Onely it was concluded, that the Earle and his people must be vndone, and no other agreement might be admitted but this:

that the Earle must depart from his inheritance, and suffer his people to be at the Popes pleasure. The Legat hauing a pur∣pose to raise great summes of money through Fraunce for this seruice, applied that businesse, and in the meane time this new generation of Friars were sent and dispersed in euery corner of France, to incite men to take the Crosse, and fight against the Albigenses.

128. But especially and aboue all other the new start-vp S. D•…•…inick was a man of great vse & imployment in this seruice. He went like a fire-brand through France, and stirred vp both Princes and people to take the Crosse, and to fight against the Earle and his people, as against Turks & Saracines. The French King himselfe tooke the Crosse. The King and the Cardinall raised an Army of fifty thousand fighting men besides Wagga∣ners, Victualers, &c. And came before Auinion the Earles chiefe City. In the siege there were two and twenty thousand of French slaine and drowned; the Citizens valiantly defending the City. In the meane time King Philip died, and King Lewes who succeeded him, died also in the Camp before Auinion. The Cardinall perceiuing that the City was so well defended, that all the losse fell on the besiegers; seeing that by direct meanes he could not preuaile: he put of the Lyons skinne, and put on the skinne of the Fox, and so preuailed by falshood in the end. For he tooke a solemne Oath, that if the people would let him in, and the Bishops who were with him: they would onely ex∣amine 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: assen∣ted to the motion of the Cardinall. Whereupon the gates were set open to the Cardinall, and so the City was betrayed. For with the Cardinall and Bishops, the French Souldiers thrust in, and tooke the City. By this meanes was Auinion brought first vnder the Popes yoak•…•…; and made afterward the chiefe City of his residence for a time. For Clement the fift in the yeare one thousand three hundred and fiue, transl•…•…ted the Popes seate to Auinion from Rome: where it remained for the space of three∣sco•…•… and fourteene yeares.

129. Though afterward the Earle repairing his Armie gaue the French diuers ouerthrowes, yet could he neuer recouer this great losse. Fasciculus Temporum witnesseth, that because tho Albigenses were ouerthrowne by them that bare the Crosse, 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 ouerthrow is attributed to him: Of him Platin•…•… witnes∣seth thus much; Quos (Albing•…•…nses) Dominicus 〈◊〉〈◊〉 •…•…ritate* 2.198 compescuit, adiu•…•…ante etiam Si•…•…one Montiforti: non enim dispu∣tationibus verum armis opus fuit, adeo 〈◊〉〈◊〉 t•…•…nia haeresis. That is, Dominick did tame the Albingenfes in a marueilous short time, by meanes of the Armie which Si•…•…on M•…•…ford brought: For that heresie was so rooted, that there was no vse of Disputation, but of armed prouision against them. Then we see that the first Order and Institution of Friars, was founded in blood and treacherous practises, against the State of Princes that withstood the Popes Iurisdiction. And herein the Popes end may appeare in aduancing Friars, not by disputations to search out a truth, but by force and armes to oppresse the Popes aduersaries, and so to fill Christendome full of blood and re∣bellions.

Conradus and Mamphred Kings of Sicily.

130. THe next Prince that felt the stroake of the Popes T•…•…derbolt, was Mamphred King of Sicily: Si∣cily with Naples being the auncient right of the Empire; the Popes hauing gotten so much of that which before was the Emperours, were desirous to haue this also to helpe the patri∣monie of poore Sain•…•… P•…•…ter. After the fall of the Empire, the Moores had taken Apulîa and Sicily, and held those l•…•…ndes by force, vntill one Robert Guiscard comming out of Fraunce with an Army, draue out the Moores, and first wonne the Dominion of Apulia, and after in like sort of Sicily. The Kingdome of Si∣cily he gaue to his brother Roger: Rog•…•…r left it to William. These men possessed it by the right of Conquest, driuing thence the

and Infidels: But the Pope, hauing no other Title, but because he must succeede the Emperor in Italy; first excommu∣cated and deposed William. After this Otho the fourth, whom the Pope raised vp in rebellion against Philip, got the Domini∣on of Sicily: for which hee was also excommunicated by the Pope, and deposed. After him Conradus sonne to Frederic the second obtained the Kingdome of Sicily, and Apulia: for which Pope Innocent the fourth deposed him from the Empire, and set vp Guillia•…•…, Lantgraue of Thuring▪ commanding the Princes to make choice of him. Conrad being excommunicate and depo∣sed, maintained his right by strength of armes, but was secretly taken away by the practise of poison. This was supposed to be the practise of Mamphred.

131. Mamphr•…•…d the bastard sonne of Frederick▪ the second, tooke and held possession of these Kingdomes after the death of 〈◊〉〈◊〉. T•…•…is man was also excommunicated by the Pope, and deposed: the Pope seeking alwaies to bring this Kingdome vnder the obedience of the Church of Rome. Pope Ur•…•…an the fourth, a French-man borne, finding his owne power too weake to effect this Mastery ouer Sicily and Apulia, gaue these Kingdomes (which neuer were his to giue) to Charles brother* 2.199 to the French King Lewes the ninth, who was called S. Lewes: This was the beginning of those troubles, which afterward brought so great warres and bloud-shed, and thereby wel-nigh the vtter ruine of Italy.

Charles King of Sicily, and Conradinus.

132. FOR Charles comming with an Army into Italy, at the Popes motion, ioyning battell with Mam∣phr•…•…d, ouerthrew him, and slew him in battell neare to Bene∣uentum. Pope Clement the fourth succeeding Vrban the fourth, vnderstanding that after the death of Mamphred Couradinus the sonne of Conradus, then but yong, prepared forces in Ger∣many to reco•…•…er his inheritance of Sicily: made Charles bro∣ther to the French King the Vicar of the Empire to giue him •…•…trength against Conradinus; and wrote Letters to all Christi∣ans,

forbidding all men to write to Conradinus as to the King of Sicily. And to the Princes of Germany hee wrote likewise, forbidding them vnder the terrible paine of excommunicati•…•… to chuse Conradinus Emperour: by which meanes the 〈◊〉〈◊〉 was without a Soueraigne Magistrate for the space of two and twenty yeares: In which time Alphonsus King of Spaine, and Richard Earle of Cornewall brother to Henry the third King of England contended for the Empire. These had the titles of the Emperour bestowed vpon them by their friends, but the Em∣perour was not placed till Rodolph Count of Habspurge was chosen. In the meane time Charles grew strong in Italy, being made by the Pope, Vicar generall of the Empire.

133. When Conradinus vnderstood th•…•…se practises of the Pope against him, perceiuing that the Popes had a resolution to roote out the seede, and vtterly to extinguish the blood of Frederic, he wrote a lamentable Epistle, deploring his owne fortunes, and the Popes iniquities. [Innocent the fourth (saith he) hath o∣uerthrowne me an innocent man: for Conradus my father, King* 2.200 of Sicily left me yong and tender in the custody of the Church: then Pope Innoc•…•…ntins pretending my wealth, professing him∣selfe a trusty Tutor, inuaded the whole Kingdome, and when once he had gotten the possession thereof, he sought vnmerci∣fully to extinguish my name and blood, deuiding my lands and Countries, and distributing the same among his owne kinsemen and Nephewes. After his death Alexander succeeding, inui∣ted others into the possession of that Kingdom, excluding m•…•…. After his death Vrbanus dealt very inurban•…•…ly: for hee drewe Mamphred in, excluding my selfe the true heyre. The same Pope disanulling that match with Mamphred, drew Charles to vndertake th•…•… businesse against my selfe. After his death Cle∣ment vsed all indemency against me, setting vp another King: and not content herewith, thundreth out his Processes against me, thinking it a small matter that against God and against Iustice, he hath robbed me of my Kingdome; vnlesse he pro∣ceede also to take the title from me. Last of all, he hath establi∣shed Charles Vicar of the Empire to preiudice and defeat me by all meanes.] Thus doth he complaine: by which complaint we

may vnderstand somewhat of the Popes purposes. Conradinus gathered an Army, and came into Italy: the Pope as he passed by* 2.201 (〈◊〉〈◊〉 fome doe witnesse) did prophesie his death, which was not 〈◊〉〈◊〉 for him to doe, when hee had so strongly prepared the meanes thereof: Conradinus therefore was ouerthrowne by Charles: and so was all the bloud of Frederick. And thus was that noble line of the Dukes of Sueuia vtterly extinguished.

134. When Charle•…•… had at the Popes suggestion made this distruction in the house of Sueuia: the Popes not knowing how to liue in peace and quietnesse, began to turn their malice vpon Charles. And first Pope N•…•…cholas the third, onely fearing that Charles should be too great in Italy, hauing no quarrell against hi•…•…, tooke from hi•…•… the o•…•…fice of Deputy of Hetruria: preten∣ding that, R•…•…dolph Emperour was therewith so much offended, that vnlesse Charles would deliuer vp into his handes that re∣giment, he would not vndertake the iourney to the holy land, se•…•…ing that place belonged to the Emperour by right. But when the Pope had gotten this both from the Emperor & from Charles▪ together with 〈◊〉〈◊〉, 〈◊〉〈◊〉, the Exarch of Rauen∣na: he kept all, saith Platina, in his owne custody, and thither he* 2.202 sent his Nephew. Thus must all the world be troubled that principalities may bee procured to the Popes bastards. This •…•…ope, saith 〈◊〉〈◊〉, had a desire to create two Kings in Italy of the Vrsini: one of Hetruri•…•… against the French forces now pla∣ced in Sicily and Naples: the other to be King of Lumbards a∣gainst the Germanes and imperiall forces. But first for the more speedy ouerthrow of Charle•…•…, whom the former Popes had drawen into Italy as into a trap, he conspired against him, labouring by all his power to throw him out; and therefore gaue his Kingdomes to Peter King of Arragon. The great of∣fence between Pope 〈◊〉〈◊〉 and Charles grew (saith 〈◊〉〈◊〉) q•…•…ia 〈◊〉〈◊〉 a•…•…entiri noluit vt su•…•…s consanguineus contraheret cum 〈◊〉〈◊〉 Pontificis. [Charles would not agree, that his kin∣red should match with the Popes kinred.]

P•…•…ter King of Aragon.

135. PEter King of Aragon, being thus drawne in, to the quarrell of Sicily by Pope Nicholas the third, (For saith Naucler the Pope, perswaded Peter to take the Kingdom of Sicily in the right of his wife Constance, who was the daugh∣ter of Mamphred, and Niece to Conradinus) brought an Army into Sicily and inuaded the Kingdome. But Martin the fourth, who succeeded Pope Nicholas, excommunicated Peter, depo∣sed him, depriuing him also of the Kingdome of Aragon. Thus were these Princes first drawne into bloudy wars by the Popes, who sometimes inuited them, and laughed vpon them as louing friends, sometimes plunged them in bloud as taking a delite in their destruction. Let the Princes of Christendom once awake and consider the sauage nature of this wilde beast, that is not onely drunk with the bloud of Saints, but fed also fat with the bloud of Princes. Thus the Popes filled all Christendome full of bloud with their excommunications. Are these Christs Vi∣cars? are these the censures of Christes Church? Martin then excommunicated Peter, gaue his Kingdome to such as would inuade it, absolued his Sub•…•…ects from their faith & alleageance,* 2.203 drew those that had taken the Crosse for the warres of Ierusa∣lem, to fight against Peter. And when Marti•…•… was dead, Ho∣•…•…orius the fourth did redouble his curses vpon Peter. After all these curses, and so much bloud and warres procured by the Popes to the vexation of Christendome, yet Peter maintained his chalenge and held those Kingdomes.

Philip the French King.

136. BOn•…•…face the eight, pretending to aduance the holy warres, (for this was not the least pollicy of that Sea to send Princes abroad, that in the meane time they might suck their Kingdomes, and draw the sinewes thereof to Rome) for this purpose sent the Bishop of Ariminum to Philip the faire, the French King. The Bishop hauing vsed all perswasions hee

could by faire meanes, and finding the King nothing mooued with all that he alleadged, from perswasions hee fell to threat∣nings. The King being much offended at his threatnings: and because as some adde, the Bishoppe had rauished an ingenuous maid, threw the Bishoppe in prison: Others say he apprehen∣ded* 2.204 the Bishoppe, Quod esset paterinus 〈◊〉〈◊〉. Whatsoeuer the cause was of the Kings offence, Boniface was highly displea∣sed, and sent the Archdeacon of Narbon, to command the King to acknowledge that he held his Kingdome of the Church of Rome, or else to denounce the Anathema against him, and ob∣solue* 2.205 all French men from their Oath of Alleageance. When the Archdeacon arriued at Paris, the King would not permit his Bulles to be published. The Popes letters were taken from him, and burned with fire. The King also vnderstanding the end of the Popes earnest motion for his iourney to Ierusalem, to be that in his absence he might draw great treasures out of France to Rome; published an Edict wherein it was made vnlawfull for any to depart out of France to Rome, or thither to carry money. Whereupon Boniface cursed Philip to the fourth ge∣neration, absolued his Nobles, and gaue his Kingdome to Al∣bert the Emperour, inuesting Albert by his letters into the Kingdome of France: but Albert protested that he would not stirre against the King, vnlesse hee might haue tha•…•… Kingdome* 2.206 confirmed to him and to his heyres. No quoth the Pope, that may not be as long as Iezebell liueth: 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 auncestors 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 generall Councell: this appeale is diuersly reported: All a∣gre•…•…* 2.207 that he appealed from the Pope. Platina confoundeth the Narration thus: Adsede•…•… Apostolicam tum, vt ipse dicebat, 〈◊〉〈◊〉 futuru•…•… que Concilium appellauit. That is, [He appealed to the Sea Apostolicke then vacant as he said, and to a Counc•…•…ll which should after this be held.] Naucler deliuereth it thus: Rex 〈◊〉〈◊〉 congregari f•…•…cit Paritijs omn•…•…s Praelatos Franci•…•… nec

non Barones, & facto Concilio, pro sui iustificatione appellauit ab il∣la sentē•…•…a se excusando, & contra Bonifacium inuehendo, &c. That is [The French King gathered a Councell at Paris of Prelates and Barons, and for his owne iustification hee appealed from that sentence, excusing himself, & inueighing against Boniface.] This man then hath nothing of any appellation to the emptie Sea: but the appellation was as diuers were about these times, from the Pope to a generall Councell: this appeale was sent by Sarra Columna a Nobleman of Rome, and one Nogarelius a French Knight, a man faithfull to the King. The pretence was diuulged that they should goe to publish the Kings appeale a∣gainst* 2.208 the Popes Decree, but Sarra hauing another secret pur∣pose came into Italy in the habite of a seruant: gathered close∣ly by the helpe of his friends a band of souldiers, and with great secresie and silence came to Anagnia where the Pope lodged then in his fathers house. Sarra breaking vp the doores, tooke Boniface in bed, bound him, and brought him to Rome; where after a few daies in great sorrow and desperation, he ended his wretched life. Ranulphus saith, that he was set vpon an Horse vnbridled, with his face turned to the horse taile, and so running* 2.209 to and fro, was famished with hunger, and died like a Dogge: as the common saying was of him, that he entred like a Foxe, raigned like a Lion, and died like a Dogge. It may be truely said of all the Popes that liued since the yeare of Christ one thousand, which Naucler obserueth of this Pope: Imperatori∣bus, Regibus, Principibus, nationibusque torrorem potius quam reli∣gionem inij cere conab•…•…tur, dare regna & auferre pro arbitrio, &c. [He sought not so much to pla•…•… Religion, as terrour in Empe∣rours, Kings, Princes and nations: to giue and take away king∣domes at his pleasure.] Where hee doth truely describe the fruite of the Popes excommunications: it is not for planting of Religion, but for striking a terrour in Princes, and breeding a confusion in the world: and therfore it is no censure of Christs Church▪ because all these censures plant Religion without con∣fusion 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 downe, they are but short.

Boniface seruant of Gods seruants,

to Philip the French King: feare God and keepe his commandements.

VVEe will haue you to vnderstand, that you are sub∣iect to vs, both in spirituall and temporall affaires: No collation of Benefices or Prebends belongeth to you: and if you haue the vacation of any, reserue the fruits thereof to the successours: if you haue made any collation, we iudge that such shall be of no validity that are to come, and those that are past we reuoke: reputing all Hereticks that thinke other∣wise. Dated at Later an, &c. The answere was thus re∣turned:

Philip by the grace of God, King of France,

to Bo∣niface bearing himselfe as Pope, health little or none at all.

YOur singular fooleship may vnderstand, that in tempo∣rall* 4.1 affaires we are subiect to none: that the collation of Churches and Prebends perteineth to vs by royall preroga∣tiue, and the fruits thereof during the Vacation: that the collation already made, or hereafter to bee made, are of iust force and validity; and thatwe will defend the possessours thereof against all men: reputing all foolish and madde men that thinke otherwise.

Henry the seuenth.

139. HEnry the seuenth Emperor was much fauoured at the* 4.2 first by Clement 5. Pope, for that Clement was highly offended with Philip the French King, who then sought the Em∣pire: the hatred of Philip drew fauour to Henry; but as passion ruled the Pope, so pride ouer-ruled the passion, and turned this fauour into greater hatred: for when Henry came to order the State of Italy, at that time greeuously troubled and vexed for want of the Emperors presence, and had twise ouerthrown Ru∣peri (or as some call him Robert) King of Sicily, the son of Charles* 4.3 (whence grewe a new vexation of Italy betweene these two P•…•…inces, and, as Platina saith, the blame was laid vpon Clement, who had called the Emperour with an Armie into Italy) hee came to Rome for the Emperiall Crowne, as Clement had inui∣ted him thereto. But because the Popes must bee alwaies like themselues, Clement first denied his Coronation, afterward hee consented vpon condition, that Henry should take an Oath of Alleageance to the Pope. This the Emperour refused as be∣ing a thing strange, and without example. Heere is descried an other end of these excommunications: the Popes purpose to bring Kings and Emperours vnder them in respect of temporall Iurisdiction, therefore they required of Emperours an Oath of Alleageance. Clement the fift in one of his Canons, maketh a long processe to proue that Henry tooke an Oath of Alleage∣ance,* 4.4 and that such an Oath is due to the Pope from Empe∣rours.

140. Clement pursuing his hatred against Henry, aduanced the Title of Robert to Sicily, whom the Emperour had by an or∣dinary processe of law condemned for Treason, and declared an enemy to the Empire. The Popes exception against Henry was, that the Kingdome of Sicily belonged not to the Empire; but he alleaged, saith Platina, that it was the Popes right to bestow the Kingdome of Sicily on this side and beyond Pharus, vpon whom he pleased, or to take it from whom hee would: hence began great stirres to grow betweene the Pope and Emperor:

The Emperour pursuing his right, brought an Armie into Italy; and comming to Bonauentum, his purpose was there to rest himselfe a few daies, and to betake himselfe to prayer and fast∣ing, and other good workes, that his lawfull labours and pur∣poses might be blessed of God, intending on the feast of the as∣sumption to take the holy Sacrament. The Bishoppe of Trent his Confessour was absent at that time, being sent to Pope Cle∣ment:* 4.5 but there was one sent backe in his roome a Iacobin Fri∣ar of S. Dominicks Order, suborned for to worke a feate: this man at that time administring the Sacrament, hauing mingled Adamantin dust, which is thought to be the strongest poyson, in the flower whereof the Eucharist was made, gaue it so pre∣pared* 4.6 to the Emperour: the poyson was so strong, that the Emperour presently perceiued the danger; and when the Masse was ended, he called the Friar, and said to him; O Sir, depart quickly, for if my seruants shall knowe what a mischiefe you haue done vpon me, you should die a miserable death: but God forgiue you. And so the Friar escaped, and the Emperour died.

Lodouicus Bauarus.

141. AFter the death of Henry the seuenth, the Princes Electors were at variance for a successour: some were for Frederi•…•…ke Duke of Austria, others for Lodouic•…•… Duke of Bauare: Iohn the two and twentieth Pope, apprehended the occasion to dash one of these Princes against the other. First he reiected Frederic•…•… with great contumely; for when Frede∣ricke* 4.7 had sent a Bishoppe to moue the Pope to ratifie his Ele∣ction, and the Bishoppe eloquently declared the Nobility of Fredericke, and his valiant Progenitours, vsing that speech; For∣tes cr•…•…antur fortibus & bonis: the Pope with Pontificall arro∣gancy, answered, that Solomon the wisest man that euer was, be∣got a most foolish sonne. Against Lodouicke likewise hee pre∣tended a quarrel, for that he tooke more vpon him then belon∣ged to his place: and sometimes seeming to fauour the one, and sometimes the other, at last he promised Fredericke that hee

would make him Emperour, if hee would bring an Army into Italy to reueng him of Maphaeus and of his sonnes called Vi∣counts. By this means great warres were raised vp in Italy, and in Germany: the two Princes. Lodouicke and Fredericke met al∣so in a battell fought from Sunne rising to Sunne setting, wherein Lodouicke had the victory; Fredericke was taken pri∣soner.

142. Whereupon Pope Iohn without lawfull processe, ex∣communicated Lodouicke in his Consistory at Auinion, and de∣clared him to be schismaticall, hereticall, and rebellious against the Church; and depriued not onely Fredericke himselfe of all his Dominions as much as in him lay, but depriued also all Clerkes that should giue him councell or aide. Against this ex∣communication the Emperour appealed: the forme of which Appellation is to be well obserued; for albeit some write that he appealed from the Pope mis-informed, to the Pope truly fo•…•…d, and to a generall Councell; yet this is but the relation of such as fauoured the Popes Iurisdiction, thinking that no ap∣peale could be made from the Pope simply: And therefore no relation of others can satisfie vs in this point so well, as the very authenticke writ of Lodouicke himselfe, wherein hee declareth his appeale: which writ or declaration is set downe at large in Naucler, from whence I would obserue some things which the Emperour declareth concerning the Popes Iurisdiction; for therein he toucheth many points of his Iurisdiction, and taketh exception against such partes of Iurisdiction which the Pope claimed, partly in preiudice of the temporall Magistrate, partly in preiudice of the Church. For the question of Iurisdiction was better studied by learned men in the time of this Emperor, then euer it was since.

143. Lodouick then vnderstanding by men of greate lear∣ning in humane and diuine lawes, which that age brought forth, that the Pope had incroached vpon the right of temporall Princes, and vpon the Iurisdiction of the Church: and that hee ought to be gouerned i•…•… temporall affaires by the Emperour, in spirituall affaires by the Church, appealed from the Pope to a generall Councel, and to the Catholicke Church: thus the Em∣perour

declareth his appeale; appellauimus ad futurum generale Concilium, & ad sanctam Catholicam Ecclesiam. This was done* 4.8 in an Assembly held at Franckfort, published as a Decree a∣gainst the Processes of Iohn the two and twentieth: which De∣cree though it be somewhat large, yet because it conteineth the iust claime of the temporall Magistrate, against the pretended Iurisdiction of the Pope, I must draw at least the summe of it to giue some satisfaction to the Reader: He declareth the Popes claime, for he claimed that hee had temporall Iurisdiction ouer Princes: that the imperiall power was from the Pope: that he that is chosen King of the Romanes hath no Iurisdiction by his sole Election vntill he be annointed, consecrated and crowned: that in temporall matters the Pope hath a fulnesse of power. This was first the Popes claime; whereunto the Emperour an∣swereth [That this standeth against the auncient Canons of the Church, against law, and against reason.] Hee cyteth for this diuers Canons, to proue that the Emperour hath not his pow∣er from the Pope, but from God alone. Against each of the foresaid Positions he cyteth diuers Canons out of the Decrete of Gratian. Secondly, Pope Iohn the two and twentieth obie∣cted against the Emperour, that hee the said Pope had annihi∣lated the Emperours Election; and that therefore the Emperor had no right to administer the imperiall lawes, but that this ad∣ministration belonged by right to the Pope. To this the Em∣perour answereth: [That this standeth against the liberties of the Empire, and against the liberties of them that are Electors, against the lawes and liberties of all the Princes and subiects of Germany.]

144. And whereas thirdly the Pope obiecteth, that he hath excommunicated all that shall adhaere, performe obedience and reuerence to the Emperour, and saith that the iudgement of the Pastor, whether it be iust or vniust is to be obserued. To this the Emperor answereth [That these denunciations are of none effect: for it is a rule, that if a Prelat in commaunding or for∣bidding, shall not keepe the forme prescribed by the Canons, they who disobey him, doe not incurre the sentence of excom∣munication. Now the Canons, and the Church doe take from

the Pope power in temporalities, which power Iohn the two and twentieth vsurpeth: this is one of those cases wherein the sentence of a Prelat is not to be feared. Another reason is, because by law that sentence is of no force, where there is an expresse errour in the sentence: as if a subiect should be com∣manded not to obey his Superiour: or if something should be commaunded against God, or against holy Scripture. Now it is manifest that Iohn the two and twentieth hath commaunded the subiects of the Empire, not to obey vs, whom they are bound to obey by the lawes of God and man. Another reason is, because it is a thing confessed, that the sentence which is gi∣uen after a lawfull appeale, is void and of no strength: but it is well knowne that from Iohn the two and twentieth, and his Processes against God, and iustice, we appealed to a generall Councell, and to the holy Catholicke Church: which appella∣tion was brought to the knowledge of the said Iohn before he published Excommunication against them that fauour vs.]

145. If it be said the Pope hath no Superiour, and therefore no man may appeale from him. To this the Emperour answe∣reth thus: [It is manifest by the Catholicke doctrine, that the Pope in matters of faith is subiect to Councels. 16. dist. sicut in tex. & in Gloss. 25. q. 2. sunt quidam. 19. di. Anastasius. 40. di. Si Pa∣pa. Moreouer in matters of diuine right, a Councell is aboue the Pope. Thus then we haue appealed to a Superiour, that is to a generall Councell, against our aduersaries who impugne vs, the Empire, the Catholicke faith, which the holy Church of Rome handleth.] This is the summe of that Decree which the Emperour published against the Pope: it was dated at Franck∣fort the eighth of August, Anno one thousand three hundred thirty and eight. The processe of this worthy Prince giueth vs occasion to consider some things which declare the sense, iudgement and Religion of the Ghurch of Rome at this time. By the Church of Rome I vnderstand these Westerne parts of Christendome, for so I find it tearmed heere, and other-where separate and distinct from the Pope.

146. For first by this appeale from the Pope to a generall Councell, we finde that it was the iudgement and common re∣ceiued

sentence of that age, that a general Councel is aboue the Pope, may iudge the Pope, censure and depose him: this is here declared and confirmed: this was not onely the doctrine of the Church then, but long after it continued, and was neuer denied by the Church of Rome, before the Councell of Trent, as here∣after we shall declare. Moreouer we finde a distinction obser∣ued 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, &c. And many other learned men of Christendome, yea many Friars which were here assembled, especially the Minorites, who were then oppressed by the Pope) The distinction, I say, betweene the Pope and his flatte∣rers on the one side, and the Church of Rome on the other side. For the Emperour appealeth from the Pope, to the Church: and this was a practise vsed by diuers, as hereafter we shall obserue. Then the Pope and his flatterers did not represent the Church of Rome, as now they pretend to doe. Againe wee obserue that the Emperour being defamed for heresie and appealing to a generall Councell, as he denieth the Pope to be his Iudge, so he refuseth not to be iudged 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* 4.9 thereof, euen Kings and Emperours. If our aduersaries obiect against vs and our Church: why then doe you giue to the King the Title of supreame head or Gouernour of the Church? We answere, such obiections proceede from an obstinate and wil∣full ignorance in mistaking of our doctrine. For when the que∣stion is of Iurisdiction externall coactiue, wee giue to the King the place of a supreame Iudge: but if the question bee of faith and Religion, we say the King is no Iudge, but to be iudged by the Church: as we see godly Princes haue beene, and namely this worthy Prince Lodouicke, who being accused of heresie by the Pope, appealeth to the Church.

147. Last of all we obserue in the sense and iudgement of this Emperour, and of the learned men that were assembled with him, that in the point of Iurisdiction no such thing is left to the Pope as he claimeth. For in matters of faith, the Iurisdi∣ction

is in the Church, as here it is acknowledged: in matters of coactiue power the Iurisdiction is in the Emperor; as all these learned men did yeelde in this Councell, and after the Councell did maintaine by their writings. For wee finde the same trueth maintained by William Ockham, Marsilius Patauinus, Michael Caesina, and many moe, who with great courage and learning did maintaine the Emperours Iurisdiction heerein against the Popes vsurpation. This wisedome and moderation of the Em∣perour in defending his right, not onely by force of Armes, but by learning and iudgement, moued the Pope who succeeded Iohn the two & twentieth; that is, Benedict the twelfth, in spite of malice to giue 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 Emperour perceiued, he called a Diet of the Empire at Rensium, where he did with that wisedome, courtesie, and liberality binde the Princes Electours to him, that they tooke a solemne Oath to maintaine the liberties of the Empire, and de∣creede that all the processes of Iohn once Pope, against Lod•…•…uick were of no force: and that the Pope ought not to attempt such things against the Emperour, seeing their Iurisdictions were so much distinct.

148. Clement the sixth sucoeeded Benedict the twelfth: this Clement falling into deeper fits of rage against the Emperour, then his Predecessours had done, commaunded Letters to bee* 4.10 fixed vpon the Church doors, filled with threatnings and curses against Lodouicke, if within three daies he did not make satisfa∣ction to God and the Church (by the Church vnderstanding himself) & vtterly desist frō administration of the Empire. When three daies were expired, hee pronounced him contumacious, and thundred out his excommunication. The Emperour sent his Ambassadours, c•…•…auing pardon, promising satisfaction for a∣ny thing he had done amisse to the vtmost of his power: where∣vpon the Pope prescribed him a forme of reconciliation: hard, shamefull, dishonourable; that he shall confesse against himselfe all heresies and errours: that hee shall relinquish the Empire, and commit himselfe, his children, & all his goods to the Popes

mercy. This the Embassadours sealed and confirmed: But when this forme of reconciliation prescribed by the Pope, came to the Emperours fight, he sent copies thereof abroad to all the Princes: and presently called a Diet at Franckfort: the Princes iudged the presumption and pride of the Pope to be intollera∣ble, and therefore reiected this prescribed forme of his, as be∣ing deuised to the bane and ruine of the Empire; and promi∣sed the Emperour assured and faithfull aide, if he would main∣taine the liberties of the Empire, as hee had done. The Pope like a Tyger disappointed of his prey, en•…•…red into a deeper con∣•…•…piracy against 〈◊〉〈◊〉, purposing an vtter extirpation of him and his posterity, as the Popes his predecessours had done be∣fore, to the house of Sueuia, exter•…•…ninating all the feed and po∣sterity of the Frederickes.

149. And therefore this Clement at Masse curseth Frederi•…•…k againe, renueth all the processes of Iohn the two and twentieth against him, declareth him to be hereticall and schismaticall:* 4.11 deposeth him from the Empire, and commaundeth the Princes to proceede to a new Election. To effect his purpose the better, he remoueth Henry de Wirtenberg from the Archbishopricke of Mentz; this man was deposed because he fauoured Lod•…•…uick, and in his place he set Gerlac his Chaplaine. Gerlac the newe Archbishoppe calleth the Princes to Rhenes: and to goe tho∣rough with his businesse which▪ the Pope had giuen him in charge, corrupted the Archbishoppe of Colon, and the Duke of Saxony with great summes of money, to confent to the Ele∣ction of Charles sonne to the King of Bohemia. They did so: and Charles was elected •…•…t Rhenes: and afterward crowned at Bouna. But after this, when Lodouicke •…•…oned the Princes* 4.12 of Germany to Spire, there was not one found in all the Cities of Rhene, Sueuia, Franconia that regarded the election of Charles, or the Popes processe. 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 aduersaries had no hope to preu•…•…ile against him by force; the next newes 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 ouercome by force. Some write that he was poy∣soned as he was to goe on hunting, that by the agitation of his body, the poyson might worke more effectually.

Charles the fourth.

150. AFter the death of Lodouicke, Charles the fourth, whom the Pope aduanced to the vtter ruine, not of Lodouicke only, but of that Empire, did by the instinct of his Ghostly father lay the Empire in the dust so lowe, that it neuer rose vp to any such height, as before him it held. At his Coro∣nation the Pope bound him with an Oath neuer to come to Rome, nor to make longer abode in Italy then the Pope him∣selfe thought good. Now to make Charles to waste and con∣sume* 4.13 the reuennues of the Empire, this cunning was vsed: di∣uers competitours of the Empire were set vp against him: to 〈◊〉〈◊〉 one competitor hee gaue two and twenty thousand Markes, and two imperiall Towns in Thuringia: to Fredericke Marquesse of Misna, tenne thousand Markes. There were at* 4.14 Millain at this time, they who were called Vicounts, who grew great and practised their tyranny, oppressing the Cities of the* 4.15 Empire. The Pope desired that they should be repressed, but so that himselfe might be aduanced: and therfore by the helpe of Charles he got many Cities out of their handes: Charles be∣ing thus drawne to dilapidate the reuennues of the Empire, dealt also secretly with these Vicounts, to whom for a great summe of money he sold Millain, and confirmed them in a per∣petuall* 4.16 Office, to be Vicars of the Empire: after which time, these Vicounts rose to a great Dominion in Italy. The King∣dome of Arles which O•…•… the first had conferred vpon the Em∣pire, hee deliuered to the French King for a great dinner at a Towne •…•…eere to Auinion. Sixteene Cities of Sueuia part of the Empire he sold to the neighbour Princes: Bopardia and We∣sali a imperiall Cities, he morgaged to Cuno Archbishoppe of Triers. Lusatia hee confirmed to the Kingdome of Bohemia for euer, corrupting the Archbishoppe of Magdeburg for a

great summe of money to sell the right of his Church: for the Archbishop before that time, held Lusatia of the Empire. That Wenceslaus his sonne, a man giuen to idlenesse▪ ryot; and plea∣sure, might be chosen Emperour after him, he practised a newe* 4.17 example, promising to euery Electour an hundreth thousand Crownes: and wanting money to performe this promise, to some he morgaged the reuennues of the Empire: to the Pala∣tine of Rhene he morgaged Caesarea Luthrea, Oppenheim, O∣denheim, Ingolheim for an hundreth thousand crowns: By this meanes the Maiesty of the Empire was throwne so flatte on ground, that since it could neuer holde vp the head. This the Pope long sought, and at last by meanes of his vnblessed sonne Charles effected.

Wenceslaus.

151. AT this time began a schisme in the Church of Rome betweene Vrban the sixt, and Cl•…•…ent the seuenth. This was the greatest schisme, the most terrible, and* 4.18 longest that euer was in that Church: it held fiftie yeares, and could s•…•…arce be appeased by two generall Councels of Pisa and Constance. In this schisme Wencestaus fauoured Urban: in whose behalfe he sent his Ambassadours to Clement, whom Clement vsed without all clemency; for in a sauage manner he* 4.19 tortured them with exquisit tortures. After this Boniface the ninth deuised a new practise to robbe the Churches of Chri∣stendome, imposing the vse of Annates vpon all Benefices: that whosoeuer obtained a Benefice, should pay one halfe years pro∣fite* 4.20 to the Pope: some say that Iohn the two and twentieth first deuised this robbery. Whosoeuer inuented it, the Popes like vnsatiable Harpyes deuising all meanes to bring confusion and misery vpon the Church, to satisfie the Horse-leach that will neuer be filled, increasing in couetousnesse, increased these An∣nates in times, and brought them to first fruites: raking one whole yeares profite away from the Incumbents: Wherein of these Harpyes we may say, as the Poet saith of those other Har∣pyes: Vestigia fada relinqu•…•…t: But the godly Princes of Chri∣stendome* 4.21

are to be intreated in the behalfe of God, to remoue these greeuances from the Church, which the insatiable coue∣tousnesse of Popes brought in. And seeing they haue remoued the Harpyes themselues, why should they leaue the markes of their abhominable couetousnesse to the eternall oppression of the Church? Why should these vncleane spoiles be found in the hands of godly Princes? It would be the eternall honour of our Princes, not to chaunge the oppressour, but to remooue the op∣pression. It was the honour of this land, that when the Pope had oppressed all other Churches, onely the Church of England was free: Hanc consuetudinem omnes ad•…•…isere, praeter Anglos, saith Naucler. It was first imposed in the yeare one thousand and foure hundred: it was not vsed in England when Naucler wrote, as he witnesseth: that is not before the yeare one thou∣sand fiue hundred, so odious an abuse, so lately bred might soone be remoued, if the cup of these sweete 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 Clergie through∣out the Emperours Dominions: the money being thus collect∣ed, was deteined by the greedy Emperour Wenceslaus from the more greedy Popes. This turned the hearts of the Popes against him: therefore Gregory the ninth deposed him and set vp Ru∣pertus Count Palatine of Rhene against him.

George King of Bohemia.

153. AFter the death of Ladislaus King of Bohemia▪ who died without issue, two great Kingdomes of Bohemia and Hungaria, with the Duchy of Austria being va∣cant: many Princes sought the Kingdome of Bohemia: Charles* 4.22 King of Fraunce, whose daughter Ladislaus married, would haue placed one of his sonnes. Casimire King of Polonia hau∣ing married a sister, sought it in her right: so did Guilliam Duke of Saxony, who married the elder sister of Lad•…•…slaus: Sigismund and Albert Dukes of Austria were in good hope: and Frederick the Emperour would haue had the administration of the King∣dome,

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because the homage due to the Empire had beene neg∣lected. When the day of Election came, 〈◊◊〉〈◊◊〉 was chosen King, and afterward confirmed by Fredericke the Emperour; but Paul the second, finding that this George fauo∣red* 4.23 the Hussites, or as Platin•…•… saith, daily withdrew himselfe from the body of Christianity (meaning from the obedience of the Pope) did excommunicate and depose him, setting vp Ma∣thi•…•… King of Hungary against him. Mathi•…•… gaue the Bohe∣mians* 4.24 a great ouerthrow in the yeare one thousand, foure hun∣dred and 〈◊〉〈◊〉: and with such mortall hatred was Pope 〈◊〉〈◊〉 set against this King, that he sent many Bishoppes to ne∣goci•…•…te these warres, and to raise vp the Hungarians and Ger∣manes against him; and so farre preuailed, that he e•…•…tinguished all the posterity and discent of George, and would, saith 〈◊〉〈◊〉, vtterly haue rooted out all the name and memory of the Here∣tickes, vnlesse the Polonians had stayed 〈◊〉〈◊〉. For the Po∣lonians* 4.25 claimed the Kingdome of 〈◊〉〈◊〉 as due to them: 〈◊〉〈◊〉 being already busied enough with the warres of the Turke, thought good not to draw new trouble•…•… vpon himselfe by prouoking the Polonians. Thus the Pope rested at that time contented with the blood of George, and his children, see∣ing the power of his malice could then proceed no further.

King Iohn of Nau•…•…rre.

154. POpe Iulius the second, the scourge of Christen∣dome in his time, vsed the like courtesie to Ioh•…•… King of Nauarre; for when this Vicar of Christ 〈◊〉〈◊〉 raised warres against the French King, Ioh•…•… King of Nau•…•…rre held, as he had reason, with the French King, being a French-man by birth, and hauing the greatest part of his pa•…•…imony in Fraunce. 〈◊〉〈◊〉 King of Arragon then fauoured the Pope. This 〈◊〉〈◊〉 prepared warre against the French King: and to turne the mindes and speech of all men vpon the French warres from that purpose, which secretly hee intended, hee intreated Henry the •…•…ighth King of England, to send him an Army to helpe him in the warres of Fran•…•…e. King Henry haui•…•…g maried the daugh∣ter

of Ferdinand, sent him sixe 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 Fraunce, required of I•…•…hn King o•…•… Nauarre (through whose Dominions hee was to passe) that he would deli•…•…er vp to his hands, three of the strongest Castles that he would demaund; the request as vniust was denied by the King of Nauarre: Ferdina•…•…d referreth the matter to the Pope. The Pope I•…•…lius not regarding the iustice or iniustice of the cause, pronounceth the King of Nauarre a Schismaticke and Hereticke, for fauouring the French King: and therefore depriueth him of his kingdome, and giueth his* 4.26 right to Ferdinand. Who thereupon sent his army of a sud∣daine against the King of Nauarre, who fled into France. Thus was the kingdom•…•… of Nauarre surprised, and no title pretended sauing onely the Popes excommunication.

The state of Venice.

155. IT were too long to recompt all the mischiefes and miseries, that the Popes Excommunications haue brought vpon Christendome; I haue collected the chiefe and most eminent, and will end this discourse with the memory of that affliction and desolation which the Pope brought vpon the Venetians. Iul•…•…s the second, following the steppes of his predecessours, brought an armie before Bononia, besieged the towne, and tooke it. The familie of the Bentiuoli he vtterly ruinated, killing some, banishing other: When thus hee had ouerthrowne the Bentiuoli. Then he set himselfe in like sort, to root out the Venetian name: Ad venet•…•… 〈◊〉〈◊〉 excidiu•…•…, saith 〈◊〉〈◊〉. The better to effect the malice against the* 4.27 Venetians, he drew 〈◊〉〈◊〉 the Emperour, the French King, the King of Spaine, the Duke of Ferrara, and the Duke of Mantua into a league: when first himselfe had excommuni∣cated and c•…•…sed them, hee set all these vpon them at once. The Pope made choice of a fit time to doe them the greatest hurt he could: for a little before this the state of Venice was brought so low, that a weake enemie might soone haue •…•…dan∣gered

them; hauing had their whole army brought vnto Inter∣necion at Abdua: after that ouerthrowen in a great battell, by Lewes the French King; their chiefe generals, Liuianus ta∣ken prisoner; Petilianus put to flight. The Pope tooke the ad∣uantage of this their weakenesse, and seeing them falling, labo∣red to thrust them headlong, that they might neuer be able to rise againe. M•…•…ximilian tooke Verona, Vicetia, Padway, Carni; the French King surprised Bergamum, Brixia, Cremona, & Cre∣ma: the Spaniard wan Tranum, Monopolis, and Barletta in A∣pulia. The Popes share was Rauenna, Ariminum, & all Aemilia. The Duke of Ferrara got Rodigium: and the Duke of Mantua Asula. Thus was that noble state brought in manner to vtter ruine.

156. Iulius hauing thus satisfied his malice, and obtained his purpose in some measure against the Venetians, being ledde by a spirit that would giue him no rest, began to turne his furi∣ous wrath in like sort against 〈◊〉〈◊〉, contrary to his faith often promised, and confirmed in the publike assembly of the States. And so furious was this Vicar of Christ, that himselfe led the Army, vsing these words, as hee went out of Rome: that seeing Saint Peters keyes would not preuaile, hee would trie what Saint Pauls sword could doe: and so hee threw the keyes into Tiber.

157. And thus when the Princes of Christendome shall re∣compt their miseries, the spo•…•…le and desolation of their king∣domes, the ruine of auncient houses, the vexation of their sub∣iects, the circumuention of their persons, the ex•…•…irpation and extermination of many noble families, the bloody warre, and by reason of warres, all the troubles and calamities of Christen∣dome: then must the Pope come to remembrance (with his excommunication as a firebrand in his hand, taken out of the infernall pit, and carried in the handes of these furies) who onely hath brought all these troubles vpon the Princes of the earth: so that since the time that hee began to exercise his ex∣communication against Princes, there hath not beene much warres in these westerne parts of Christendome; but such as the Pope himselfe hath raised, dashing one Prince against another;

when first he had cast them into a deadly sleepe to make them insensible of the wrongs which hee hath done them: but when they are awaked out of their sleepe, they will remember all. For the Popes as the great conspiratours against the States of Princes, haue set Friars their resolute creatures to practise all se∣cret treasons against the persons of Princes. And because this cannot be done without great bloodshed, they come resolued to shed blood like hungry wolues: so headlong are they carried herein, seeking a temporall Iurisdiction ouer Princes, secretly by the conspirac•…•…e of Friars, openly by their excommunicati∣ons: that if the world should stand long, before the Pope with his Babylon be ouerthrowen, wee haue reason to thinke that the Popes will in time vtterly cast off and reiect the maske of religion, wherewith they couer their practises now, and will in plaine tearmes quarrell the Princes of Christendome, for their Temporall right and Iurisdiction. And then will the Princes thinke it is time for them to awake.

CHAP. VIII.

Wherein is declared what opposition this Iurisdiction found in the Church, after it was thus established by Popes: It was confuted first by particular learned men: then by ge∣nerall Councels.

1. AFter that this Iurisdiction, thus deuised and maintained, began to bee well knowen in Christendome: men of learning and iudge∣ment began to be mooued with the noueltie, and examined the whole matter with care and industrie: the occasion which first moued them to examine this question, was the defence of this strange Iurisdiction: first clai∣med by the Popes, and afterward more fully disputed and main∣tained by •…•…ugustinus Triumphus 〈◊〉〈◊〉: who was set on worke vpon this taske by the Pope. For in the end of his booke

we finde 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 spi∣rit this defence of this new Iurisdiction proceedeth, con•…•…ing from the especiall direction of the Pope. This 〈◊〉〈◊〉 procee∣deth herein according to his direction, concluding all Iuris∣diction both Spirituall and Temporall, to be from the Pope.

2. Which thing though it seemed straunge, newe, absurd: yet in truth 〈◊〉〈◊〉 could no lesse then publish (for he la∣boureth not so much to prooue it, as to publish it) the Popes challenge hauing vndertaken the businesse. Fo•…•… the Popes be∣fore this had begunne to prescribe in their Canons so much, that their flatterers had their rules now prescribed to them, •…•…ow farre they must stretch their consciences for the maine∣tenance of Iurisdiction. For •…•…ither they •…•…ust maintaine all that the Popes had taken vpon them, or else giue ouer the cause as desperate. From this spirit and direction, Triumphus entreth 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 hee is the head of the vniuersall Church in 〈◊〉〈◊〉; and that he hath directly Soueraigne authoritie in respect of such his worldly Dominion ouer all Emperours, Kings and Princes to dispose of them and their kingdomes. This opinion is now strongly maintained by the Iesuits, and hath beene of late by Tho. Boz•…•…us, Francisc. Bozius, Card. Ba∣ron•…•…us, Zecchus Carerius, and other. But because Triumphus is, as I take it, the first Friar that hath handled this question on the Popes behalfe; and the learned men that first wrote against the Popes Iurisdiction, haue beene mooued thereto by his writings, as al•…•…o because the booke is rare to bee had: I will set downe some of his 〈◊〉〈◊〉 po•…•…itions; that the Reader may the better vnderstand what it is which they seeke, and what is that against which these learned men that I am hereaf∣ter to produce, doe oppose themselues.

3. One po•…•…ition of 〈◊〉〈◊〉 is this: 〈◊◊◊〉〈◊◊◊〉* 4.28 & 〈◊〉〈◊〉 •…•…st 〈◊◊◊〉〈◊◊◊〉 •…•… De•…•… 〈◊〉〈◊〉 & alijs

Pr•…•…latis Ecclesi•…•… i•…•… quib•…•… residet potest•…•… 〈◊〉〈◊〉: which he pro∣•…•…eth by such reasons, as need no other re•…•…utation, sauing only the* 4.29 recitall thereof. For it was truely said of 〈◊〉〈◊〉 Martyr, that to know and truely to vnderstand 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, &c. Quia per potestatem Pap•…•… habet institui, regulari, ordi•…•…ari si b•…•…a fit, & p•…•…r ipsam habet condem•…•…ari & iudicari •…•…i mala sit. [That power is gi∣uen for seruice to another, by which it must be instituted, o•…•…de∣red and confirmed being good, and iudged being euill: but such is the power of secular Emperours and Princes &c. For by the Pope it must be instituted, ruled, and ordered being good, and by him it must be condemned and iudged being euill.] All the proofe that he bringeth for this, is: that Pope Z•…•…chary depo∣sed 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 giuen and subiected for seruice to another to whom it yeeld∣eth an Oath of Alleagean•…•…e, acknowledging all that it hath from the same: but such is all the power of temporall Princes, Emperours, and such like.] Againe 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 finde that some Empe∣rours haue giuen some •…•…emporalities to Popes, as 〈◊〉〈◊〉 ga•…•…e to Siluest•…•…: wee must not thinke that they gaue that which was their owne, but onely restored that which vniustly and tyrannically was taken from Popes.] These things are such that in the iudgement of all men, that are not destitute of iudg∣ment, need no re•…•…utation. He saith also in the same place: Po∣test•…•… omnis 〈◊◊〉〈◊◊〉 & 〈◊◊〉〈◊◊〉 sub•…•…legata respectu 〈◊〉〈◊〉 Pap•…•…. [All power of Empero•…•…s and Kings, is to them de∣legated

by the Popes power.] This is the Iurisdiction which is fought, a temporall Iurisdiction ouer Princes: this doctrine was deuised onely to maintaine the practise of the Popes excommu∣nication. And as this new and strange doctrine was found out for the defence of that new and strange practise, so the manner of the defence is no lesse strange: for he declareth that this Iu∣risdiction for which he pleadeth so much, is not in the Pope as he is a Priest or Bishoppe, but as he is a Prince. It followeth then in his confession that this Iurisdiction is proper to Princes, and not to Priests. For thus he saith: Papatus est nomen Iuris∣dictionis, & no•…•… ordinis. That is [The Papacy is a name of Iurisdi∣ction,* 4.30 and not of Order.] And againe, Potest Papa habere omnem potestatem pertinentem ad Papam, & tamen •…•…arere potestat•…•… ordinis. That is [The Pope may haue all Iurisdiction belo•…•…ging to the Pope, and yet be no Priest.] This new doctrine teacheth great wonders: that the Pope may haue all Iurisdiction, and bee no Priest. The Iesuites and our owne Popish Countrie-men crye out against vs, for giuing Iurisdiction to such as are no Priests, but onely temporall Princes. It will be hard for them to accuse vs, and defend their owne Doctors.

4. Because this manner of maintaining the Popes Iurisdi∣ction is grosse to set him aboue temporall Princes in tempo∣rall Iurisdiction, therefore diuers since this time haue sought to mollifie this harsh manner of speech, by a distinction which they haue found out of late, betweene Power direct ouer Prin∣ces and indirect: These men say that the Pope hath power to depose Princes, not directly, but indirectly, in respect of some spirituall good. But when they come to the application of this distinction, it appeareth nothing but a Miste to dazzle the eyes of men, wherein there is no simplicity or truth. Bellarmine is one of those that admitteth this Distinction, vpon which Distinction graunted by Cardinall Bellarmine, Master Blackwel thinketh he hath a good ground for taking the Oath of Allea∣geance. And when B•…•…llarmine reproueth him for that, he an∣swereth him by his owne Distinction: a reasonable answere; a•…•…d yet such is the Mist of this Distinction, that you can hardly tell whether of these two speaketh more cunningly. For Bel∣larmine

saith, that the Pope hath power to depose Princes not* 4.31 directly, but in respect of some spirituall good: but when Ma∣ster Blackwell saith, that in his particular case the spirituall good of Catholickes was respected. This Bellarmine will denie: for he will say that no priuate man must be iudge of this spirituall good, but onely the Pope. Now let the Pope bee Iudge, and then this Distinction is as good as nothing: for whensoeuer the Pope deposeth a Prince, or dischargeth his subiects from their Oath of Alleageance, he will iudge it to be for some spi∣rituall good. So that in this vnderstanding, and sense of Bellar∣mine there is no reall difference betweene direct power and in∣direct.

5. In like sort when Master Blackwell saith, the Pope hath power to depose Princes indirectly, or in respect of some spiri∣tuall good, and iudgeth the taking of the Oath of Alleageance to respect a spirituall good end, giuing this reason: because the* 4.32 refusal of this Oth wold bring vpon vs the ruines of Catholicke families & the lamentable extirpation of the whole Catholicke estate among vs: We say the case of this man, and of those that depend vpon him, is much better then the case of them that re∣fuse the Oath: but yet to drawe them a little further into the loue of obedience, let vs note the imperfection of his defence. We commend his action, and speake here onely 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 commaunde∣ment of God, which commaundeth obedience to Magistrates: but the danger of Catholickes, and of himselfe; which proueth an indirect obedience. So that in pleading for a verball distin∣ction of power, direct or indirect, they descry a reall distinction of obedience direct or indirect. Now there is not much diffe∣rence betweene these three opinions of them that holde the Popes direct power, and his indirect power, and that say his power is to respect the present danger of the Catholickes. For whatsoeuer Triumphus bringeth vnder his direct power, that Cardinall Bellarmine will reduce vnder indirect power: so that though they differ in the manner how this power commeth to the Pope, directly or indirectly, yet they both are agreed that

the Pope hath this power; and this is also Master 〈◊〉〈◊〉 iudgement. For remooue the danger of his Catholickes, 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? Vnto which question all Romance Catho∣lickes answer affirmatiuely, and we negatiuely.

6. Thus did those learned men conceiue the question that first began to handle it: these later distinctions came in by such as would hide themselues in a miste, and seeme to say something when they say nothing. Now let vs declare the 〈◊〉〈◊〉 of those men that first came to the handling of this question of the Popes power, after that it was fully made kno∣wen to the world, by the Popes decrees, and the writings of 〈◊〉〈◊〉 Tri•…•…phus. The first occasion that set men on worke vpon the stud•…•…e of this question, was partly, as I haue said, the writings of 〈◊〉〈◊〉; but this occasion was •…•…otori∣ously promoted by the vniust vex•…•…ions which the Popes offe∣red to Lodo•…•…icke Duke of Bau•…•…re Emperour, in prosecuting of their pretended Iurisdiction ouer Kings▪ and Emperours. This Emperour being persecuted by the Popes, as before wee haue declared, was desirous to know the iudgements of the best lear∣ned men that then liued in the world; who with 〈◊〉〈◊〉 did search out, and by learning did ou•…•…rthrowe this new sophi•…•…∣ent right. The chiefe of them who then wrote •…•…gainst the Popes Iurisdiction was Ma•…•…sitius 〈◊〉〈◊〉, and 〈◊〉〈◊〉 Oc∣•…•…. Of these and of some other that in one p•…•…rt or other haue con•…•…uted this Iurisdiction of Popes, I am now to speake in order.

§. I. Obser•…•…ations out of the writings of Marsilius Pat. against the Popes Iurisdiction.

7. MArsili•…•…s about the yeere of Christ, one thousand three hundred twentie and foure, set ou•…•… that booke

which he Intituleth, 〈◊〉〈◊〉 pacis, wherein hee shaketh the rotten and ruinous reasons of such as maintained this Iurisdi∣ction: because the booke is written with great learning and iudgement, I will record heere some obse•…•…uations of his: for it seemeth that he had a purpose to re•…•…ute that former worke of Triump•…•…us, though the truth is, hee nameth not Triumph•…•…s throughout all his booke: concerning this point of Iurisdicti∣on, one especiall ground which hee layeth, is this. Ab •…•…fficio* 4.33 principat•…•…s si•…•…e 〈◊〉〈◊〉 iurisdiction is, 〈◊〉〈◊〉, so•…•… coactiu•…•… 〈◊〉〈◊〉 cuiuslibet in hoc s•…•…lo, Christ•…•…s seipsum & Apost•…•…los exclusit, & 〈◊〉〈◊〉 v•…•…luit. That is, [Christ hath excluded, and purpo∣sed to exclude hi•…•…selfe and his Apostles from principalitie▪ or contentious iurisdiction, or regiment or any coactiue iudgment in this world.] Which thing he prou•…•…th at large, both by Scrip∣tures & Fathers because Christ •…•…aith, his kingdome is not of this world; by which words coactiue Iurisdiction is excluded: as was the doctrine of Christ, such was his example of obedience: for he was alwayes subiect to the coactiue power of the Magistrate. Thus by the •…•…ound and cleere Scriptures, with the expositions and iudgement of the ancient Fathers, he resu•…•…eth that nouelti•…•… which had no other ground then the Popes decretals.

8. Therefore he examineth the authority of the Popes de∣•…•…retals, and giueth a learned and iuditious distinction, decla∣ring thereby how the Pope may bee obeyed or not obeyed, commaunding against the Emperour: for saith he, if the Em∣perour commaund any thing against the law of God, and the Pope commaund things agreeable to that law: thou must ou•…•… of doubt obey the Pope, and not the Emperour. But if the Emperour commaund something according to his imperial law & the Pope command somthing according to his decretals a∣gainst the imperiall lawes: no man subiect to the Emperour, ought in such things to obey the Pope. Which thing he pro∣ueth at large, because the ciuill Magistrate beareth the sword; because he is the Minister of God, the reuenger of disobedience: because euery soule is subiect to him. Which things saith hee, are not spoken of any spiritual Gouernour but of the Temporall Magistrate. For the Goue•…•…nours to whom in coactiue Iu•…•…isdi∣ction

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 proueth infallibly his purpose, and conclusion that no spirituall Gouernour hath from Christ any Iurisdiction coactiue; but this power is left wholly in the hands of the ciuill Magistrate. And thus doth cut in sunder the sinewes of their disputations, who plead for the Popes Iurisdiction: which Iurisdiction they make to consist in power coactiue. Of the Popes decretals (which then were lately deuised Lawes against the auncient Iurisdiction of the Church, as also against the Iurisdiction of Princes) he saith: Vt ipsi fabulantur in s•…•…is decretalibus, qu•…•… secundum veritatem nihil* 4.34 aliud sunt, quàm ordinationes quaedam Oligarchicae, quibus in nullo obedire tenentur Chrsti fideles, in quuntum h•…•…smodi. That is, [As they bable in their decretals, which in truth are nothing but certaine Oligarchicall ordinations, to which Christians are in no case bound to obey, as they proceed from the Pope.] Wherein he deliuereth thus much, that these Canon lawes or decretals, ought to haue no force among Christians, vnlesse they be confirmed by the lawes of the land, and by Princes in their Dominions: so many as Princes shall thinke fit for the gouernment of the Church in their proper Dominions, may be established, & being established ought to be obeyed, but not as the Popes laws vse, but as the laws of those Princes: for that is it which Marsilius saith, the decretals are not to be obeyed, in quā∣tūhuiusmodi. Now that all coactiue power is by God deliuered to the Temporall Magistrate, hee prooueth solidly from these words; he is the Minister of God to take vengeance: by ven∣geance* 4.35 all coactiue power is vnderstood. Neither doth he de∣nie but that the Church gouernours may execute coactiue power: but then they must haue it from Princes, and from such Temporall powers which haue the same. Which being ex∣presly and distinctly written by him three hundred yeres agoe, is no other thing then that which we now maintaine: at which our aduersaries seeme to wonder, as at some new doctrine ne∣uer heard before; when the same truth, after the sa•…•… manner

beene maintained by the learned men that haue handled this question before vs. Nec in quenquam presbyterum (saith he) aut* 4.36 non pres byterum con•…•…enit coacti•…•…am in hoc saeculo Iurisdictionem habere, quenquam Episcopum, si•…•…e Papam, •…•…isi eadem si•…•…i per hu∣manum legis•…•…atorem concessa fuerit, in cui•…•…s potestate semper est hanc ab ipsis reuocare. That is, [No man, Priest or not Priest, can haue Iurisdiction coactiue in this world, Bishop or Pope: vn∣lesse it be granted to them by the humane law-maker, in whose power it is at his pleasure to recall it from them.]

10. Concerning the right of calling Councels, his determi∣nation is this: If a cause of religion rise in question, the Pope, saith he, may signifie the same to the chiefe Temporall Gouer∣nour: but the authority of gathering and calling the Councell, belongeth to him that hath coactiue Iurisdiction; and ought to bee gathered by his coactiue precept. When it is gathered, he leaueth the first and chiefe seat therein to the Bishop of Rome: hee 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 transgres∣sors. And all this to doe, not at his owne pleasure, or vpon his owne head; sed ex concilij sententia: onely by the direction of the Councell. This principality he yeeldeth 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 iustly withdrawen. Secundum qu•…•…m modum (saith hee)* 4.37 Romanae vrbis quamdi•…•… extiterit, obicem{que} ad hoc non apposuerit populus ille &c. poterit licitè ac debebit i•…•…m •…•…ict a principalitas in E∣piscopo & Eccle•…•…a continue reseruari. That is, [According to which maner this principality may lawfully and ought to be re∣serued alwayes, for that Bishop and that Church as long as it thus standeth, and doth nothing to the contrary. This honour (if the Pope would haue held himselfe contented therewith) might long time enough beene reserued vnto him. But when this could not content him, but he must haue all Iurisdiction o∣uer the Church, and ouer secular Princes: if he finde not that honour yeelded to him which hee expecteth, he may thanke himselfe; because he hath procured his owne contempt, and by

vsurpation of vndue honour, he hath lost that, which though it was not due to him, yet from some custome was giuen, & might haue beene continued to this day, if himselfe had not caused the Church to withdraw it: For (saith mine Author,) Licet circa 〈◊〉〈◊〉 Eccl•…•…sia, 〈◊〉〈◊〉 Episcopi & Ecclesiae fidelium ne{que} diuina* 4.38 ne{que} 〈◊〉〈◊〉 leg•…•… aliq•…•… obligarentur 〈◊◊〉〈◊◊〉 is aut institu∣tis Ecclesia vel 〈◊〉〈◊〉 R•…•…manorum, plusquam •…•… 〈◊〉〈◊〉: 〈◊◊〉〈◊◊〉 •…•…e 〈◊〉〈◊〉 & rationabili 〈◊〉〈◊〉, qua fideles in vnitate amplius seruabantur, eo quod tune fideli 〈◊〉〈◊〉 legisla∣tore ipsos in ordine reducente, 〈◊〉〈◊〉 in v•…•…itate seruante, &c. That is, [Albeit about the beginning of the Church, other Bishops and Churches of beleeuers were not bound by any diuine or hu∣mane law, to obey the mandates of the Church or Bishop of Rome, rather then the contrary: yet this profitable and reaso∣nable custome preuailing, by which beleeuers were better kept in vnitie, because they wanted then a Christian Magistrate to reduce them to order and preferue them in vnitie: therefore they were afterward bound, as by a diuine law to this obedi∣ence, in things honest and lawfull.]

11. But because the Popes and their flatterers did couer all their practise•…•… with pl•…•…nitudo 〈◊〉〈◊〉, as with a mist: therfore he doth with great light of learning and truth, dispell that mist: This saith h•…•… is, Lo•…•…us 〈◊〉〈◊〉, •…•…nde etiā paral•…•…gismus, qu•…•… re∣ges & principantes •…•…o sing•…•…los coactiua 〈◊◊〉〈◊◊〉 subiectos 〈◊◊〉〈◊◊〉 tr•…•…xit origine•…•…. That is, [This is a Sophisme, whence that Paralogisme drew his beginning, by which they striue to draw Kings and Princes, and all other vnder their sub∣iection by coactiue Iurisdiction.] And therfore i•…•… he belaboreth ex•…•…ctly and at full to open this fallacion of fulnesse of power: the su•…•…e whereof is this. By a pretended fulne•…•…e of power the Pope wi•…•…hout ground or reason, onely led thereto by pride and ambition, intruded vpon the right of Iesus Christ, and vp∣on the right of the Church, and vpon the right of Temporall Princes, wresting all authority to himselfe, & this he calleth ful∣nes of power. •…•…or i•…•…by fulnes of power be vnderstood t•…•…at pow∣er wherby all men and all creatures are commanded and dire∣cted to what end the commau•…•…der will: this power is giuen

onely to Iesus Christ, and to no other man: according to that Scripture; all power is giue•…•… vnto me in heauen and in •…•…arth.* 4.39 But if by fulnesse of power, be vnderstood power to preach, to excommunicate, to binde, to loose, to interpret Scripture, to determine controuersies; this power is in the Church: partly in Bishops, partly in doctors, partly in Councels, and not more in the Pope then in another Bishop. Last of all, if by this ful∣nesse of power be vnderstood Soueraigne Iurisdiction coactiue, then it is in Temporall Princes. Marsiliu•…•… maketh moe 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 •…•… pow∣er, intruding vpon the right of each of these, he saith: Ex vn•…•…* 4.40 〈◊〉〈◊〉 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 incroachings vpon Iurisdiction. First, saith he, they made some* 4.41 constitutions to gouerne the Clergie: then they proceeded by way of exhort•…•…tion & intreaty, to perswade the laitie to keepe fastes, & to abstaine from meats. When they saw that laymen did willingly receiue su•…•…h obseruations, thē they proceeded to ordaine the same things as laws, & to denounce excōmunicatiō against the transgr•…•…ssours thereof. And all this was done, saith* 4.42 he, Su•…•… 〈◊〉〈◊〉 & diuin•…•… cul•…•…us speci•…•…. That is, [Vnder a shewe of godlin•…•…sse, and the worship of God.] The same Author ad∣de•…•…h, Cres•…•…ente autem 〈◊〉〈◊〉 ipsis app•…•… 〈◊〉〈◊〉 ampli•…•… domi•…•…∣di, attendentib•…•…s deuoto•…•… fideli•…•… 〈◊◊◊◊〉〈◊◊◊◊〉 ignauia•…•… & diuin•…•… 〈◊◊〉〈◊◊〉, qui ad •…•…a 〈◊〉〈◊〉 sacerdote•…•… indicebantur▪ obligari credeban•…•… 〈◊◊〉〈◊◊〉 aetern•…•…; prae∣sumpseru•…•…t 〈◊〉〈◊〉 Episcop•…•… Roma•…•…i, cum suo clericoru•…•… coetu, •…•…li∣garchica quaedam edicta 〈◊◊〉〈◊◊〉 actus 〈◊〉〈◊〉, &c. That is, [But as the appetite of ruling, farther continually increased in them, when they sawe that de•…•…ote Christians were kept in feare with such proceedings, through slothfulnesse and igno∣rance of Gods worship: which (Christians ignorant) thought themselues bound vnder the paine of eternall damnation, to all that was inioyned them of the Priests: then the Bishops of

Rome with their Clergie presuming further made certaine Oli∣garchicall Edicts concerning ciuill actions. Thus saith hee, the Bishoppe of Rome began first to practise expempti∣ons. And that hee might draw a number of the Laiety into the loue of those practises, he extended these exemptions to diuers companies of Lay persons, and so defrauded the Magistrate of due honour and obedience, and brought in that confusion whereof the same Authour complaineth thus: H•…•…c est pestilentiae Italici regniradix & origo, ex qua cuncta scandala germinauerunt prodeunt &c. Qua stante, nunquamciuiles ibidem cessa•…•… discor∣diae, p•…•…testatem enim hanc ad quam paulatim & latenti pr•…•…aricati∣one subintrauit ex consuetudine aut abusione verius, dudum deti∣nuit Rom. Episcopus, eandem sibi per principem reuocari formidans, & merito propter commissos excessus: creatione•…•… atque 〈◊〉〈◊〉 Rom. Principis omni maligna sollicitudi•…•… vitat. That is [This is the roote and fountaine of the pestilence which troubleth the Empire, from whence all scandals growe and proceede, and which standing, ciuill discords shall neuer cease in Italy, for the Pope fearing that this power may be reuoked by the Emperor, and that deseruedly for the excesse committed therein: into which power he hath by little and little stolne by secret preua∣rication of custome, or to say more truely, of abuse, hauing hol∣den it some while: he hindreth the creation and promotion of the Emperor by all malice and spite.] Wherupon, saith he, some Popes haue broken out into such impudency, as in their Decre∣tals is to be seene, that they a•…•…ouch that the Emperor is bound to them in an Oath of Alleageance, as if the Emperour were vn∣der them subiected by coactiue Iurisdiction.

13. Then Marsiliu•…•… hath discouered the reason why the Popes haue so much opposed themselues against the Emperors, to be, because they were affraid least the Emperours should call them to a reckoning for their Exemptions, for the abuse of their excommunications, for intruding themselues into the of∣fice of the ciuill Magistrate, and taking a newe authority vpon themselues from themselues without warrant of the Emperour. This is that thing which caused them to stirre so much against Emperours, and at last to procure the decay of the Empire so

much, as at this day they haue made it so weake, that now they are out of the feare thereof. Other things for breuities sake I omit: this is sufficient to vnderstand what reason learned men had then to withstand the Popes Iurisdiction. This booke of Marsilius was neuer answered, and hereafter is not like to be. But Iohn the two and twentieth, against whom this booke was intended, did in stead of aunswering, condemne this worthy Writer: which thing was much more easie for him to doe.

§. II. William Occham and Michael Cezena.

14. BVT the truth could not be supp•…•…ssed thus. For o∣ther learned men deuoted to the seruice of the truth, entred into a further search of this Iurisdiction, among whom Michael Cezena and William Occham were famous. The occasion whic•…•… stirred them vp to make search of this point, was this: Michael Cezena Generall of the Order of the Minorites refuted three Constitutions of Pope Iohn the two and twentieth; Ad conditorem Canonum: Cum inter: &, Quia quorundam. These hee refuted and sent his bookes abroad a∣gainst these Constitutions; whereupon Iohn the two and twen∣tieth depriued him, and disabled him from taking any other dignity. But Michael appealed from the Pope.

15. Here arose the question, whether a Christian might ap∣peale from the Pope. William Occham once a worthy fellow of Merton Colledg in Oxford, vndertooke this question, & dispu∣teth it throughly, in that booke which he intitleth Opus nona∣ginta dierum. He concludeth that a man may and might appeale from the Pope, and that a Councell is aboue the Pope. And saith, that many moe learned men wrote diuers bookes at that time, for confirmation of the same truth, wherein they alleadge strong reasons to proue their purpose, and answere all doubts.* 4.43 De ista materia (saith he) plures libri prolixi sunt editi, in quibus praedicti 〈◊〉〈◊〉 motiua adducunt quam plurima, obiectiones refellunt, & quae possunt oriri dubia, declarare nituntur. That is [Of

this matter many long bookes set forth, wherein these foresaid Disputers, alledge many reasons, refute obiections, and seeke to cleare all doubts that can rise.] Of the Pope he saith thus: Io∣h•…•…es 22. co•…•…scius 〈◊〉〈◊〉 suor•…•… ad iudici•…•… generalis concilij ve•…•…ire recusat. That is [Pope Iohn the two and twentieth, his owne consci•…•…nce accusing himselfe of his errours, refuseth to come to the iudgement of a Ge•…•…erall Councel.] Thus the Pope hath euer bin affraid of a General Councell, since the time that first he vsurped Iurisdiction. The same Author confuteth the* 4.44 Constitutions of Ioh•…•… the two and twentieth, first by Scriptures, then by Canons of Councels, and testimonies of holy Fathers, and last of al by the determination of the Church of Rome. And for this question of Iurisdiction, because the Popes then began to chalenge temp•…•…rall Iurisdiction ouer Princes, his assertion* 4.45 is; •…•…eatus •…•…etrus non fuit vicarius Christi, quantum ad officium reg•…•…i temporalis, nec in •…•…omporalibus qusb•…•…e. That is [S. Pe∣ter was not Christs Vicar in respect of a temporall Kingdome, nor in respect of any tempo•…•…alities whatsoeuer.] Which Asserti∣on he proueth thus: If it were so that S. •…•…eter were Christs Vi∣car in temporall Dominion, then should S. Peter haue Iurisdi∣ction ouer Emperours and Kings: but this the Popes them∣selues* 4.46 denie, for Pope Nicholas saith thus: Quu•…•… ad ver•…•… ve•…•…∣tum est, nec Imperator iura sibi Pontificat•…•…s, &c. That is: When we come to know the truth, neither hath the Emperour taken vpon him the right of the Pope, nor the Pope vsurped the title of the Emperour, for one Mediator of God and man Iesus Christ hath distinguished the Offices of both these powers by their proper actions and distinct dignities. Ex hi•…•… (saith Oc∣cha•…•…) datur 〈◊〉〈◊〉 quod Rom. Pontifex ex successione Petri non habet Iurisdictionem temporalem super 〈◊〉〈◊〉. That is, [Hence we may vnderstand, that the Pope by succeeding Pet•…•…r hath no temporall Iurisdiction ouer the Emperour.

16. Against this determination he moueth some obiectious or rather taketh the •…•…easons of 〈◊〉〈◊〉 Triumphus, and ma∣keth them his obiections, though he suppresse 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* 4.47 taketh an Oath of Alleageance. These are the reasons of Au∣gusti•…•… Triumphus, whereunto he aunswereth thus. To the first he saith: Ration•…•… eriminis habet spiritual•…•…m Iurisdictionem, non temporalem. That is [In respect of some fault hee hath spirituall Iurisdiction, but not temporall.] Then all the Iurisdiction which the Pope or any other Bishoppe hath, is onely spirituall in his opinion, in respect of sinne which may be censured by spirituall censures. But a power to depose Kings includeth temporall Iu∣risdiction. To the second he saith: The Pope translated the Empire: Non in q•…•…antum successor Petri, sed authoritate Romano∣rum qui sibi potestatem huinsmodi concesserant: That is [Not as the successour of Peter, but by the authority of the Romanes, who graunted him that power.] To the third he saith; the Em∣perour that first tooke an Oath of Alleageance, did it from de∣uotion and humility, and therefore afterward refused it. Mar∣filius answereth to this last obiection somewhat otherwise, for he vtterly reiecteth the testimony of that Canon, that witnes∣seth that the Emperour tooke an Oath of Alleageance. Inta•…•…∣tum* 4.48 vero ipsorum quidam prorupit a•…•…daciam (saith Marsil.) vt in suis edectis expresserit, Romanum Principem sibi iurame•…•…o fideli∣tatis ástringitanquam coacti•…•…a I•…•…risdictione subiectum, vt ex sua∣rum narrationum quas decretales appellant derisibili & contempt•…•… prorsus inuolucro * 4.49 septimo de Sent & re i•…•…dicata palam se inspici∣entibus offert. That is [One of them (to wit Clement the fift) hath broken out in such impudency in his Edicts, that he affir∣meth the Emperor is bound to him by an Oath of Alleageance, as subiect to him in coactiue Iurisdiction, as is openly to bee seene in 2. de Sent. & re •…•…udic. out of that ridiculous and most contemptible collection of their Narrations, which they call Decretals.]

17. But to returne to William Occham and Michael Cezena in whose cause Occha•…•… was ingaged: Michael was deposed by* 4.50 Iohn the two and twentieth, in Iune in the yeare of Christ, one thousand three hundred twentie and eight: in his behalfe let∣ters were directed to the Chapter of the Minorites, assembled in Parpinian and Auinion in the yeare one thousand three hun∣dred

thirty and one. These letters were subscribed by Henricus de Chalchem, Fran•…•…iscus de Esculo, and Guilielmus de Occham: not onely these men fauoured his cause, but those two famous Vniuersities Oxford and Paris did approue the same. Whereup∣pon Michael being arrested by the Pope did appeale from the Pope. Consider the nature of his appeale: for it openeth the sense and iudgement of learned men then liuing, being appro∣ued by the greatest learned men then liuing; and by all the lear∣ned men of that order in England and in Paris, for so it is said there. Quae determinatio fuit etiam ab omnib•…•…s Magistris & bac∣calarijs in sacra pagina de Parisijs & de A•…•…glia dicti ordinis appro∣bata, & V•…•…iuersis Christi fidelibus destinata. That is [Which de∣termination was also approued of all the Masters and Bache∣lours in Diuinity of the said order of Paris and England, and directed to all Christians:] I will set downe the forme of his* 4.51 appeale as in the same place I finde it expressed, and thus it is: Habito prius magno & maturo consilio, ab ipso Domino Iohanne, & 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 appeale from the same Pope Iohn, and from his said assertion, and arrest, with∣in lawfull time for my selfe, and for all my brethren that do ad∣haere or will hereafter adhaere to me, and for the said Order ac∣cording as the Canonicall Constitutions doe allow, vnto the holy Romane Catholicke and Apostolicke Church.] In which place he professeth that he doth this by the example of diuers other who had done the like before.

18. From whence I would obserue some things declaring the sense, iudgement and religion of the men that then liued. And first where he saith, that he doth this by great and mature deliberation, and that herein he hath the approbation of diuers learned men, of diuers Vniuersities, and that hee doth it by the examples of such as were before him: we note that this is not the iudgement of one man, but of the most famous learned men of this age. For farther confirmation hereof, we obserue also

that Naucler speaking of this particular, and of the cause of Lo∣douicke Emperour, saith, that many learned and godly men of* 4.52 Christendome held that Pope Iohn the two and twentieth was an Hereticke, conuict of assured errours. Iohannem 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 Occhā wit∣nesseth of this Pope, that his own conscience accusing himselfe of his errors, he durst not come to the iudgement of a generall Councell. Then I note not here onely the iudgement of these learned men, but the sense and iudgement of Christendome, of a generall Councell, of the Church of Rome. For Cezena and Occham (who was combined with Cezena in this cause) would neuer haue appealed to the Church of Rome, or to a generall Councell then representing that Church, vnlesse they had been fully secured herein, that the Church to which they appealed had condemned the errours of the Pope from whom they ap∣pealed. They then knowing the sense and iudgement of that Church, appealed from the Pope to it •…•… which thing is further also confirmed by that which he saith in his appeale, Secundum quod tradunt Canonic•…•… sanctiones: as the Canonicall Constituti∣ons deliuer: then the Canons of the Church allow and approue such an appeale, howsoeuer since this time the Popes haue alte∣•…•…ed the Canons and discipline of the Church, yet then this disci∣pline was in force, and acknowledged through Christen∣dome, that the Pope might be censured in a generall Coun∣cell.

19. Another thing which we obserue in this appeale, is a re∣markeable distinction famously obserued in the sense, iudge∣ment and religion of the men of this age betweene the Church of Rome and the Court of Rome. For Ceze•…•…a after that hee hath appealed from the Pope to the Church of Rome, complai∣neth much of the Court of Rome, as being wholly gouerned by the Pope: from whence he appealing to the Church of Rome, declareth euidently that by the Church of Rome, he vnderstood another thing, then that which our aduersaries now cal by that

name, an assembly whereof the Pope is the heade, which are wholly to be guided, gouerned and directed by the Pope. This is now commonly called the •…•…hurch of Rome: but at this time wherein Ceze•…•… liued, the Church of Rome was vnderstood to be a free, lawfull, holy generall Councell assembled of the Churches of these Westerne parts of Christendome. This is the Church of Rome which our forefathers haue so much honou∣red. The sentence of this C•…•…urch they reuerence, 〈◊〉〈◊〉 authori∣ty of this Church they acknowledge, appealing from the Popes sentence as vniust, re•…•…ecting his authority as vnlawfull, still rest∣ing in the iudgement of the Church of Rome. This declareth that the Pope may bee 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 appeales it must so be vnderstood, and then it followeth by infallible •…•…nference, that the Church of Rome (as now it is commonly knowne by that name) is no other thing then that which •…•…se learned men cal∣led 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 iu∣stified by the most learned that then liued: From the Pope to this Church there is no appeale. Thus much I obserue from this appeale, and from the appeale of Lodou•…•… the fourth Em∣perour, which before we haue declared, being to the same end, and agreeing in the same forme with this, being from the Pope to a generall Councell, which also he calleth the holy Church of Rome. In which same manner did Philip King of Fraunce appeale from Pope Boniface, besides diuers other who vsed the same course, as Michael Cizena witnesseth.

20. Hence riseth this Corollary, that the reformed Churches haue made no separation from the Church of Rome, but onely from the Court of Rome▪ And that the Pope and his Court, that is Friars and Canonists who depend wholly vpon him, terming themselues now the Church of Rome, haue made the separati∣on, and haue altred the auncient bounds of the Church, and

plucked vp the old hedge which was the partition between the Church and Court of Rome. Thus they reteyning onely the name, haue chaunged all things and turned them vpside down. So that albeit that which I shall say, may seeme a strange Para∣dox, yet it is a truth which will euery day bee more and more* 4.53 knowne and confessed. The auncient Church of Rome, y•…•… e∣uen that Church of Rome which stood in the world before the Councell of Trent, can now bee found no where in the world but among Protestants. Marsilius P•…•…. obserued the beginning of this alteration, thus: Apud M•…•…rnos Ecelesi•…•… 〈◊〉〈◊〉 importat* 4.54 ministros Presbyteros Episc•…•… &c. 〈◊〉〈◊〉 Ecclesi•…•… Rom▪ •…•…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, Bishoppes in late vse, &c. as the Church of the Citie of Rome hath now obtained this name, whose Ministers and Go∣uernours are the Pope and his Cardinals, who now from a cer∣taine vse are called the Church.] But that vse was but late brought in, especially by Friars: for the auncient vse 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•…•… 〈◊◊◊◊◊〉〈◊◊◊◊◊〉, &c. de Vniuersitate 〈◊◊〉〈◊◊〉 & 〈◊◊〉〈◊◊〉 Christi. [But according to another signification, and that most truely and properly, & answering to the first imposition of this name: the Church is called the Vniuersall company of all faith•…•…ull be∣leeuers which call vpon the name of Christ.] Then the Church of Rome, as the Pope is the Gouernour thereof, was obserued to be but a particular Church, and not the Catholicke Church which conteineth all Beleeuers.

21. Occham hath also written another Booke, Intituled. Super potestate su•…•…i Pontifieis 〈◊〉〈◊〉 quo•…•… decisiones. From whence I will obserue some things concerning our question of Iurisdiction: disputing of that which the Friars and flatterers of Popes called 〈◊〉〈◊〉 potestatis: he handleth it so, that in the conclusion, he putteth the Pope downe as low, as the flat∣terers

extolled him vp on high: For thus he saith. Principatui optimo repugnare videtur, quod principans illam habeat plenitudi∣nem* 4.55 potestatis &c. Nam omnes subditi h•…•…benti talem plenitudi∣nem sunt serui secundum strictissimam significationem vocabuli, ser∣ui. That is, [It seemeth to be vtterly against the nature of the best Gouernment, that the Gouernour should haue this fulnes of power, &c. For all that are subiects to him that hath such fulnesse, are his slaues according to the most strict vnderstan∣ding of a bondslaue.] And because the Pope then began to flatter himselfe strangely, and to swell with those words of pride: that he was to iudge all men, but no man might iudge him; no man might accuse him: Occham represseth this swel∣ling vanitie thus. Papa potest ab homine accusari, destit•…•…i, & de∣poni:* 4.56 omnis enim accusatio est coram iudice 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 vt membrum putridum ampu∣tari, ne desideret ipse potestatem qua se ex charitate correptum quamuis etiam Ecclesiam non audiret, tanquam Ethnicus & publi∣canus non si•…•…at se vt carnes putridas resecari, & vt ouem scabiosam repellenda•…•… â stabulis, & expurgandum vt fermentum quod to∣tam massam corrumpit: sed velit vt sibi parcatur, vt vniuersa Ec∣clesia ad interitum perducatur. Quae omnia à desiderio Papae qui a•…•…imam suam tenetur pro subditis ponere, conuenit exulari. That is, [The Pope may be accused, forsaken, deposed by a man: for all accusation must be before the iudge. Neither must this thing trouble the Pope, otherwise he might s•…•…eme to make himselfe vnprofitable salt, good for nothing but to be trod vnderfoot a∣gainst the doctrine of Christ deliuered to his Apostles for them∣selues, and for the Prelates of the Church: and against the com∣maundement of Christ, to be cut off like a rotten member, for the preseruation of his mysticall body. And so he might seeme to desire such a power, by which being reprooued in charitie, albeit like an heathen and Publican he should not heare the Chu•…•…ch, yet he would not suffer himselfe to be cut of like dead flesh, and like a scabbed sheepe to be driuen from the folds, and to be purged like leauen that corrupteth the whole lumpe. But

he should by this seeke that for sparing him, the whole Church might be brought to ruine. All which ought to be farre from the Pope, who ought to giue his life for his flocke.] Then this man foresaw, and in some sort foretold all that mischiefe which fell vpon the Church by the Popes claime of this strange Iuris∣diction: which Iurisdiction, if once it should be obtained by the Pope; then hath Occham plainely foretolde, that which since this time by too great experience we haue found, that the Pope would hereby prooue vnsauery salt good for nothing but to be troden vnderfoot of men; a rotten member cut off from the body of the true Church: as rotten flesh to be cut off for the preseruation of the whole, as a scabbed sheepe to bee kept from the fold, as old leauen to be purged from corrupting and infecting the whole lumpe. And that for sparing him the vniuersall Church must bee brought to desolation and ouer∣throw. All this William Occham foresaw, all this we haue found by lamentable experience too true: and all this follow∣ed vpon his intrusion into this Iurisdiction.

22. Through this booke William Occham was driuen to car∣ry himselfe cunningly for feare of the Popes greatnesse, mouing many questions and doubts, and reasoning after the manner of the schooles on both sides, making no professed determination or conclusion: but he leaueth such strength of reason on the one side, and taketh away all obiections on the other side, that any man may inferre the conclusion, and vnderstand the reason why himselfe did not conclude. For thus he saith in the end of that booke. Haec breu•…•…er conferendo, allegendo, & disputando sunt dicta; non vt certa veritas in dubium reuocetur, sed vt aliqua habeatur occasio, &c. Quid autem sentiam de praedictis, non ex∣pressi, quia hoc (vt puto) veritati non prodesset. That is, [These things haue we said, by conferring, alleadging, disputing; not that a knowen truth should be called into question, but to giue an occasion, &c. I haue not declared what mine opinion is of these things; because (as I take it) that would not helpe the truth.] Another booke William Occham Intituleth, Dialogus: from whence I will cite onely one Sillogisme, contained in few words, but so strongly and soundly collected, that it may make an end of all this controuersie: his words are these. Papa non

〈◊◊◊〉〈◊◊◊〉 â Iurisdictione 〈◊〉〈◊〉 & 〈◊〉〈◊〉▪ 〈◊〉〈◊〉* 4.57 iudicumqua•…•… fuerat Christus & Apostoli: sed C•…•…ristus & 〈◊〉〈◊〉 fuerunt ab imp•…•…ratore quantū ad Iurisdictionē c•…•…actiuam 〈◊〉〈◊〉. That is, [The Pope is no more exempt from the Iurisdiction of the Emperors, & other secular iudges then Christ & his Apo∣stles were: but Christ & his Apostles were iudged by the Empe∣ror, in respect of coactiue Iurisdictiō: therfore so the Pope ought to be iudged.] This Syllogis•…•…e to this day was neuer answered: In respect of which sound and pithy handling of these things, as Occh•…•… was surnamed Doctor inuincibilis in argu•…•…nto: so the* 4.58 sense and iudgement of learned men was wholly for Occham. Insomuch that Naucler witnesseth, that this worthy William Occh•…•… threw downe all the Popes Temporall Dominion in the dust, and carried the glory in all these disputations: wher∣in many learned men followed him. For he speaking of Da•…•…es that learned Florentine, saith that this Dantes also wrote a Booke, De Monarchia; wherein he prooueth that the Empire hath no dependance of the Pope: which opinion Antoninu•…•… reprooueth for an error. But Occha•…•… hath confirmed this which 〈◊〉〈◊〉 tooke to be an error. 〈◊◊〉〈◊◊〉 secun∣du•…•…* 4.59 ipsum Antoninum, magi•…•… d•…•…ffuse prosecutus est Occham or∣di•…•…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 Temporall dominion, as it were to no∣thing. Wherefore many men of greatest learning, did then dis∣pute of Iurisdiction Eccle•…•…iasticall.]

23. By all which we see the Popes Iurisdiction ouerthrown by men of the greatest learning, euen then when hee thought himselfe strongest: for this part of his pretended Iurisdiction which toucheth the deposing of Princes was neuer better handled, then at this time in the middes of the Popes king∣dome, by these men. And shall it be thought strange in vs now, to maintaine the same truth, which then these worthy men durst maintaine? Or shall it not be imputed either as damna∣ble

ignorance in vs not to know, or as extreame weakenesse and want of courage, not to professe and maintaine as much now against the Pope, as these worthy men did then? More we cannot say, then they haue said in this point of Iurisdiction: For they haue prooued by inuincible reasons, that in tem•…•…orali∣bus, in temporalties th•…•… Pope hath no Iurisdiction ouer Prin∣ces: that in •…•…pirit•…•…libus, in spiritualties the Pope is •…•…ubiect to the censure of •…•… gen•…•…rall Councell. This is the truth which e∣uer hath beene maintained against the Pope: more then this wee seeke not.

§. III. Robert Grosthead and Iohn Wiclife.

24. AFter Willi•…•… 〈◊〉〈◊〉, let vs come to that famous Bi∣•…•…hop of Lincolne, Robert 〈◊〉〈◊〉: It is to bee la∣mented that more of his writings were not preserued; by so much as we haue extant, it appear•…•…th that with great courage, learning, & integritie he withstood the Popes pretended Iuris∣dictiō: for his lea•…•…ing 〈◊〉〈◊〉. calleth him the true great •…•…lark.* 4.60 The contention which •…•…xercised him most, was about the Popes p•…•…ouisions: for the Pope would by his prouisions (and this was also a part of his Iurisdiction proceeding out of the pretended fulnesse of power) place straungers, commonly some of his owne bastardes, vnder the name of his Nephewes, and of these sometimes young children. Thus in the best and grea∣test Ecclesiasticall charges and benefices, as they became void he thrust in such as had neither learning nor honestie, will or skill to disch•…•…rge the du•…•…tie which that place required by prea∣ching. This being of it selfe a thing hatefull and abhomina∣ble: Grosth•…•…d conceiuing of the thing •…•…s it was in truth, resol∣ued in his Diocesse to admit no such v•…•…gratious practise. 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 obser∣ued:

and his zeale against the intollerable practise of the Popes Iurisdiction. For these prouisions were then defended by flat∣terers as proceeding from the fulnesse of power, the fountaine as they called it of all Iurisdiction against which Grosthead dis∣puteth thus.

25. Apostolica mandata non sunt necesse possunt alia quam A∣postolorum* 4.61 doctrina & ipsius Domini nostri Iesu Christi, Apostolo∣rum magistri ac Domini. That is, [The Apostolicall mandates are no other: neither may they be any other then the doctrines of the Apostles, and of our Lord Iesus Christ, master and Lord of the Apostles.] By this rule which Grosthead prescribeth to the Pope, we are ready to receiue any mandate from him. And the things which we reiect, we reiect vpon no other ground, then as this worthy Bishop did, because they are not consonant to the Apostolicall doctrines. And whereas the Pope had writ∣ten to him for a prouision to be sped in his Diocesse, hee pro∣ceedeth thus. Ipse Do•…•…inus noster Iesus Christus ait, qui non est mecum, contra me est: contra ipsum autem non est nec esse potest Apostolicae sedis sanctitas diuinissima: non est igitur praedictae literae tenor Apostolicae sanctitati consonu•…•…▪ sed absonum & plurimum dis∣cors. Primo quia de illius literae & ei consimilium superacucmula∣to non obstante, nec ex legis naturalis obseruandae necessitate indu∣cto patet cataclysmus, inconstanciae, audaciae, in•…•…erecundiae, mentiendi fallendi, &c. Praeterea post peccatum Luciferi, quod idem erit in fine temporum ipsius filij perditio•…•…is Antichristi, quem interficiet Domi∣nus spirit•…•… oris sui, nec est, nec esse potest alterum genus peccat•…•… tam aduersum & contrarium Apostolorum doctrinae, & Euangelicae, & ipsi Domino Iesu Christo tam odibile, & tam abominabile, quam ani•…•…as curae pastoralis officij & ministerij defraudatione mortificare & perdere. That is, [Our Lord Iesus Christ himselfe saith, hee that is not with me, is against me: now against him the most diuine holinesse of the Apostolicke sea is not, nor cannot bee: therefore the tenor of the foresaid letter is not consonant to the Apostolicall holinesse, but dissonant, and altogether repugnant, First, because the way is opened to an inundation of inconstan∣cy presumption, shamelesnesse, lying, cousening, &c. By rea∣son of the non obstante in that and such like letters often heaped

vp, not proceeding from any necessitie of the obseruation of the naturall law: Moreouer, after the sinne of Lucifer, which also shall be the sinne of Antichrist, the sonne 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 sinne so repugnant & contrary to the Apostolical & Euangelical doctrin, to our Lord Iesus Christ, so odious, and so abominable, as this sinne is to kill and destroy the soules of men by defrauding them of the care of the pastorall office and ministery.]

26. The beginnings of M. Luther with Pope Leo the tenth, were much more mild then this: but he proceedeth and con∣demneth this sinne, and the Popes letters by Scriptures; declaring that they bring in such confusion into the Church: which could be practised by none, but sueh as are vnder 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•…•… diuinitus in aedifica•…•…mem non in destructionem tradita, magis tenentur ab Ecclesia de•…•… tales interemptores pessimos exclu∣dere & extirpare. That is, [They are worse then Lucifer, and next to Antichrist: and in this badnesse they rise in a greater degree of euill so much the more, by how much they are more excellent, who from the greater and more diuine power that is giuen 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 hee auerreth that the Pope cannot commaund such a sinne as this, to be done, [So hatefull and detestable, so abhominable to Christ, so pernici∣ous to man. For this were an vtter defection from power and Iurisdiction, a corruption, and abuse thereof, and a remotion from the throne of glory; and a session in the chaire of pesti∣lence, and in eternall shame in hell, next in place to those two great Princes of darkenesse, Lucifer and Antichrist.] And be∣cause in such things no man ought to yeeld his obedience, but is bound to disobey: therefore he saith thus, [Out of duety and obedience, and out of the loue of vnion with the bodie of Christ; I vtterly reiect and resist these letters, especially because

they vrge me to such a sinne, as is euidently abhominable to God, and pernicious to man; and because they are contrary to the holinesse of the sea Apostolike, and against the Catholicke faith: Filialiter & obedienter non obedio, contradico, rebello. And vnto that Sophisticall shift of Plenitudo potestatis, whereby they vsed to cast a colour ouer these practises, he aunswereth in such a sort, as giueth a short rule of vnderstanding this fulnesse of power, for thus he saith. Breuiter autem recolligens dico, A∣postolicae 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, [Briefely recollecting what we haue said, we say, the holinesse of the sea Apostolicke cannot doe any thing: but that which is for edification, and not for destructi∣on: for this is fulnesse of power, to be able to doe all things for edification.] In which sense who would haue denied the Pope a fulnesse.

27. When this letter came to the Pope, Nonse capiens prae ira (saith mine Author) quis ait est iste senex delirus, surdus, ab∣surdus, qui facta audax & temerarius iudicat? Per Petrum & Paulum nisi me moueret innata ingenuitas, ipsum in tantam confusi∣onem praecipitarem, vt toti mundo fabula foret, stupor, exemplum & prodigium. Nonne r•…•…x Anglorum noster est vassallus? & vt plus dicam, mancipium, qui potest eum nutu nostro incarcerare & igno∣miniae mancipare? That is, [The Pope not being able to hold for anger, said, who is this foolish, deafe, absurd old man, that with such rash présumption iudgeth our acts? By Saint Peter and Saint Paul, if mine ingenuous good nature did not stay me, I should hurle 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 vassall, or to say more, our slaue? who is able at our becke to imprison him, and to appoint him to ignominie? But the Cardinals appeased his holinesse, espe∣cially Cardinall Egidius Hispanus, who fearing that the Pope might prosecute some courses of extremitie against him (as af∣terward hee did) tolde him, that it was not fit to vse that man hardly. [The things which he writeth (quoth the Cardinall) are true, we cannot denie them, or condemne him: he is a Ca∣tholicke

and holy man: more religious, more holy, of a more excellent life then we are: there is not thought to be a greater Prelate this day liuing, no nor comparable to him. All the Clergie of France and England know this to bee true: hee is esteemed also a great Philosopher, in the Latine and Greeke languages famously learned, a man zealous of iustice, a reader of Diuinitie in the schooles, a preacher to the people, a louer of chastitie, a hater of Symonie, &c.] The Cardinals therefore ad∣uised the Pope to dissimulate the matter, least some tumult* 4.62 might arise, saith mine Author.

28. And marke 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 Domi∣no Papae, vt omnia haec conniuentibus oculis sub dissimulatione tran∣sire permitteret, ne super hoc tumultus excitaretur, maxime prop∣ter hoc quia scitur quod quando{que} discessio sit ventura. That is, [The Cardinals gaue this aduise to the Lord Pope, that hee would winke at all these things, and passe by them as dissimu∣lating, least a tumult might arise: especially for this cause, be∣cause it is well knowen that once there shal come a departure.] Let this be obserued, It was written long before M. Luther was borne. The Pope and the Cardinals knew long before, that once a departure should bee made from the obedience of the Pope: and therefore Robert Grosthead did put them in great feare, least he might be the man that might worke this depar∣ture. Then it seemeth in the iudgement of the Cardinals, that he who first should worke this departure, must be an excellent godly and learned man, such one as Grosthead was then know∣en to be. But if Grosthead had done that thing then, which vp∣on the like occasion Luther did afterward: wee should haue heard him reuiled for the rankest hereticke, the most wicked and vngratious man that euer liued: as now Luther is by them, who vs•…•… to curse where God blesseth, and to blesse where God curseth. Then they were in feare of Grosthead, & thought that this departure could not bee done but by some such excellent man. And what hath M. Luther done, but that which Grosthead was prouoked to do? or who could doe otherwise that keepeth Grostheads principles.

29. The godly zeale of this man is further declared by Mat.* 4.63 Paris, who recordeth certaine Discourses and actions of his a∣gainst the Popish practises. Improbos Romanistas, saith he, pracep∣tum habentes Papale vt eis prouideretur, quasi venenum odit ser∣pentium Dicebat enim quod si animarum custodiam ipsis traderet, Satan•…•…zaret: vnde saepius proiectis literis Papalibus bullatis, tali∣bus mandat is praecis•…•… contradixit. [The wicked Romanists that brought the Popes letters for prouisions, he hated as the poy∣son of serpents; for he said, if he should commit the custody of soules to them, that then he should play the diuels part. Wher∣fore often he threw away the Popes bulled Letters, precisely contradicting such commaundements.] The same Authour no∣teth a memorable saying that Grosthead was wont to vse: No•…•… liberabitur Ecclesia ab Aegyptiaca seruitute nisi in ore gladij cruen∣tandi. That is [The Church shall not be deliuered from this E∣gytian 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 Iurisdiction: neither are we to thinke that Grosthead followed any other religion then that which his fathers followed before him: this is the religion, sense and iudgement of the world then, that is, of all godly and iudicious that then liued.

30. But was not Bishoppe 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 whatsoe∣uer. First, That the doctrines of that Church, be the doctrines of Christ and his Apostles: Secondly, That so wee may regard the Church of Rome, that wee be sure to hold vnity with the true Church, the body of Christ. These excellent and famous men that haue heretofore liued in the vnity of the Church of Rome, haue beene willing, wee confesse, to yeelde so much to the Pope, and that particular Church, as they might doe hold∣ing vnity with the true body of Christ. But if the vnity with the Romane Church doe draw them away from the vnity with Christs body: then haue they alwaies beene resolued to giue

ouer the vnity with that particular Church. This confirmeth that which before I obserued in the Distinction betweene 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 vnity with it, who were pro∣fessed enemies to the Court of Rome. Now the Pope and his flatterers haue forsaken that vnity with the Church of Rome which stood in Apostolicall doctrines and vnity with the true body of Christ, howsoeuer they boast of the name, and haue no∣thing now to shew for themselues but the pride and faction of the Court of Rome.

31. Now come we to the time wherein liued Iohn Wiclif, another of the worthies of Merton Colledge in Oxford: his aduersaries would blot him with the name of an Hereticke: some things are vntrue wherewith they iniuriously charge him; some things are true, which they vniustly call Heresie. In this question of Iurisdiction, as he receiued the truth from Oc∣cham, his Senior in Merton Colledge, so he deliuered the same faithfully. Speaking of the Kings Iurisdiction as well ouer the Clergie as Laity, he saith, [The chiefe Lordshippe in this land of all temporalties both of secular men and religious pertaine to* 4.64 the King of his generall Gouernement: for else hee were not King of all England, but of a little part thereof. Therefore the men that busien them to take away this Lordshippe from the King, as don Friars, and their sautors, in this point beene snar∣per enemies and Traytors, then Frenchmen, and all other nati∣ons.] Wiclif labored worthily to descry & refute the errors con∣cerning Iurisdiction that in his time came creeping in, introdu∣ced* 4.65 by Friars. For he witnesseth that the Friars taught thus: Rex Angliae, non est rex totius Angliae, sed regulus paruae partis, su∣per residi•…•…um vero mortificatum est Papa Dominus; Veruntamen non est disp utandum (inquiunt) de hac materia, quousque fuerit in effectu potentius stabilita: sed tolerandae sunt iniuriae dominorum sae∣cul•…•…rium quousque arriserit opportunit as temporis. That is [The King of England is not King of all England, but Lord of a little part: ouer the residue in a dead hand the Pope is Lord, but, say they, there is no disputing of this matter, vntill it be powerfully

brought in effect; In the meane time they say, the iniuries of temporall Lords must be borne, vntill an opportunity fauo ur them.] This is plaine dealing: The Friars declare, what is that thing at which they haue long aimed. For what other meaning haue their pretended exemptions, then by making a reuolt from the obedience of their soueraigns, to become wholly the Popes seruants and creatures?

32. But this late generation of Friars, I meane the Iesuites exceeding these olde Friars in admirable practises in the blood and destruction of Princes and states; are yet so confident in their wit and eloquence, that they thinke themselues able to perswade the Kings of the earth to account them among good and loyall subiects. The old Friars dealt more plainely; they professed not obedience to Princes: these professe more and would colour their deepe deuises in destruction of Princes with impudency and dissimulation, as if they meant not the same things which daily they practise. Now that which Wiclif taught against these wicked and prophane opinions of these olde Fri∣ars, was no other thing then the iudgement of the learned Di∣uines which liued before, and in his time: for he brought in no nouelties, but the Friars introduced the nouelties in Religion and Iurisdiction. And that Distinction which before we obser∣ued betweene 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 aman∣do & venerando Romanam Ecclesiam, matrem meam, desidero & procuro defensionem omnium priuilegiorum suorum. That is [I* 4.66 protest publiquely, that louing and honouring the Church of Rome, Ireuerence my mother, and procure the defence of all her priuiledges.] But of the Court of Rome, or that particular Church of Rome which was gouerned by the Pope, hee saith much otherwise, not doubting but that the iudgement of the particular Church of England might in many things be prefer∣red, before that particular Church of Rome guided by the Pope. Fieripotest (saith he) quod Dominus Papa foret ignarus legis scrip∣turae,* 4.67 & quod Anglicana Ecclesia foret longe praestantior in iudicio veritatis Catholica, quam tota ista Romana Ecclesia collecta de istis

Papa & Cardinalibus. That is [It may come to passe that the Lord Pope may be ignorant of the law of Scripture, and that the Church of England may be more excellent in the iudgment of the Catholicke truth then all this Romane Church collected of the Pope and Cardinals.] Then in those dayes there was not much attributed to the Popes not erring iudgement, or to the authority of that Church which was wholly gouerned by the Pope; seeing the Pope might be ignorant of the lawe of God, and the Church of England might haue a more excellent iudgement in the truth, then that particular Church of Rome. That which Wiclif saith might come to passe, the world seeth* 4.68 and acknowledgeth that since that time it is come to passe: That Friars were the introducers of Nouelties, we haue already shewed out of Iohn Wiclifes obseruations. In this sorte things stood vntill the time of the Councell of Pisa which was helde some twentie yeares after Iohn Wiclifes death.

§. IIII. The Popes Iurisdiction ouerthrowne by Councels.

33. THus haue we heard the iudgement of learned men against the Popes Iurisdiction, after that the same Iurisdiction began to be practised: these haue refuted especial∣ly that part of his claime, which was in temporalibus. Now we will consider another part of his pretended Iurisdiction, which was in spiritualibus: in this we finde his feathers as well pulled, as in the former; so that when both temporall and spirituall Iurisdiction is pulled from him, and when Princes take their owne right in temporalties, and Councels in spirituall Iurisdi∣ction: the Bird will be left naked betweene them, that was so glorious with the feathers of others.

34. Before the time of the Councell of Trent, this hath bin alwaies acknowledged and preserued a trueth in the Church, that the authority of a Councell is aboue any particular what∣soeuer, whether he be the Bishop of Rome or any other. This was neuer once brought in question the first thousand yeares:

but when the Popes had framed a Ladder of their supposed Iu∣risdiction to clime aboue Princes; and Friars began to puffe vp the Sailes of the Popes pride by the winde of their flatterie: then began some question to bee made of the authority of a Councell: The Friars hoisted vp the Pope aboue the Councel, but there were alwaies in the Church of Rome some remaining, yea a great number, and sometimes as the best part so the stron∣gest, who held and maintained the auncient true Iurisdiction of a lawfull, free generall Councell to be aboue the Pope, and to haue authority to depose the Pope, or otherwise to censure him, as in their wisedome they thought meete. This question of the Iurisdiction of a Councell had often beene moued, as we finde by the appeales of Emperours and Kings, and others from the Pope to a generall Councell: but it came not to be put in execution before the Councell of Pisa, which was gathered vp∣pon this occasion.

35. After a •…•…ong schisme in the Church of Rome, Gregory* 4.69 the twelfth was chusing during the schisme; Gregory tooke an Oath as soone as he was elected, to take away the schisme by all possible meanes, and wrote to Benedict the thirteenth, inui∣ting him to a mutuall abdication for peace: Benedict returned an answere to the same words backe again: As the Popes col∣luded together without any sincere purpose of abdication, the question began to be mooued of the authority of the Church, which might order them both, because the Church is aboue all; euen the Popes are subiect to this power: and therefore it was thought fit that a generall Councell should be called, represen∣ting the Church of these Westerne parts. The Councell was summoned to meete at Pisa: the Bishops, Prelates and Princes being orderly summoned, and meeting heere in the yeare one thousand foure hundred and eight, proceeded against both the Popes, deposed and depriued them; condemning them both for Heretickes and Schismatickes, commanding all Christians not to take them for Popes, or yeelde obedience to them. In this Councell there was great disputation of the authority of a Councell: and it was determined, none contradicting, sayeth mine Authour, that the Councell had authority to depose the

Popes persisting in a scandall, and to chuse another. This was the ground and occasion of calling the Councell of Constance not long after this.

36. This Councell of Pisa is much commended▪ by Iohn* 4.70 Gerson, and by the Councell of Constance, as the same Authour Gerson doth witnesse; Where he saith also that the Church of England sent learned men to that Synode at Pisa: who as they came through Paris were entertained with an Oration of the same Gerson then Chauncellor of the Vniuersity of Paris, de∣claring the consent of that Vniuersity with them. Then wee haue the Councell of Pisa, and herein the iudgement of the Church of England concurring with many other Churches a∣gainst the Popes Iurisdiction. The same will likewise appeare by the Councell of Constance.

37. The Councell of Constance was called by the comman∣dement of Sigismund Emperor, in the yeare one thousand foure hundred and fourteene, for the same end. For the Synode of Pi∣sa had deposed the two Popes that maintained the schisme, and chosen a new Pope Alexander the fift, but the other two helde their places by force, and there were now three Popes: after A∣lexander 5. death, Ioh•…•… the three and twentieth was chosen: this man came to Constance, and shewed himselfe willing to be de∣posed, so that the other two in schisme might be ordered and pulled downe from the places which they held: but this Iohn finding that the Councell had a purpose after that he was deposed to chuse another, and not himselfe; fled away from the Councell, and refused to be ordered by it: but hee was appre∣hended and brought backe againe: so his life and conuersati∣on being examined by the Councell, he was deposed: but when he sent Charles Malatesta to approue the sentence of the Sy∣node, and to make for him, and in his name a free abdication of the Papacy: he died for griefe that Malatesta had performed that commission so roundly and so quickly.

38. The other two Popes Gregory and Bened•…•…ct stood vp mainteining the schisme all this while. To order them Sigis∣mund Emperor tooke great paines with the Kings of England, Fraunce and Arragon. Gregory yeelded to be ruled by the Sy∣node,

but Benedict stood out stiffely a long time, who in the end also was depriued, and pronounced an Hereticke and Schisma∣ticke. It is obserued that there was nothing concluded in this Councell without the consent of the fiue Nations. The Sy∣node hauing thus deposed all those other Popes, made choyce of Martin the fift: And to preuent such schismes and the trou∣bles which grewe by them, it was decreed in the same Synode, that such Synodes should be often called; the first should bee called fiue yeares after this: the second seauen yeares after the first; the third tenne yeares after the second; and so from tenne yeares to tenne yeares continually. This order and Iurisdicti∣on of the Church declared in Synodes, did so terrifie the Popes that they sought by all meanes to defeat it, they could not in∣dure such a Iurisdiction aboue themselues, to call them, censure them, depose them, as this Synode had throwen downe three Popes at once. Therefore the Popes after this laboured by all meanes how they might oppresse the authority of a Councell, (which they could neuer doe before the Councell of Trent) and all these partes of Christendome on the other side la∣boured to maintaine the authority of the Councell aboue the Pope.

39. For the better confirmation hereof, this Synode decla∣reth the authority and Iurisdiction of a generall Councell thus: Declarat (haec sancta Synodus) quod ipsa in spiritu sancto legitimè* 4.71 congregata, Concilium generale faciens, & Ecclesiā Catholicam re∣presentans, potestatem à Christo immediate habet, cui quilibet cuius∣cunque fuerit status vel dignitatis, etiam si Papalis existat, obedire tenetur in his quae pertinent ad fidem & extirpationem dicti schis∣matis & reformationē dictae Ecclesiae in capite & in membris. That is [This holy. Synode declareth, that they being gathered in the Holy Ghost, making a generall Councell, and representing the Catholicke Church, haue power immediately from Christ, to which euery man of what s•…•…ate and dignity soeuer, though he be a Pope, is bound to obey in those things which pertaine to faith, and the extirpation of schisme, and reformation of the Church in the head and members.] And presently after this, they declare and define these points, that euery man of what

condition soeuer, though he be a Pope, that shall not obey the ordinances, statutes, or precepts of the Synode shal be duly cor∣rected and punished: that Pope Iohn the three and twentie (for this was decreed at the beginning before Iohn was depriued) shall not transferre the Court of Rome, or any other publicke officers therof, or compell them directly or indirectly to follow him, without the consent of this Synode. And if he shall ful∣minate any censures Ecclesiasticall against such officers, or any other adhaering to this Synode; all shall be voide and of none effect: neither shall it be lawfull for any man to obey any such censures: That all Translations of Prelates, all depriuations, re∣uocations, monitions, Ecclesiasticall censures, all processes and whatsoeuer is done or shall be done by the said Pope in preiu∣dice of the said Councell, &c. shall be voide, vaine, and of none effect.

40. According to the Decree of this Synode, Pope Martin the fift, after fiue yeares called a Synode at Pauie: thither came they that were sent by the Pope, and expected the nations without whose presence a generall Councell could not bee held. But the plague increasing greatly in that towne, they changed the place of this Synode to Sene: where Pope Mar∣tin perceiuing that Benedict began to stirre againe; to preuent troubles, dissolued this Synode, and according to the Decree of the Synode of Constance, appointed the place of another Coun∣cell after seuen yeares to be holden at Basil; and when the ap∣pointed* 4.72 time came, hee sent Cardinall Iulianus to Basil for the furthering of the same. This is the onely Pope of late that was not affraide of a generall Councell; he was elected by a Coun∣cell, he kept the Decrees of that Councell with great commen∣dation, and liued in that moderation, that he seemed not to be affraide of the censure of a Councell. Martin hauing proceed∣ed thus farre, onely to shew himselfe willing to call the Coun∣cell of Basil, died. Eugenius the fourth succeeded, who did striue by all meanes to defeate the Councell of Basil: but by the authority of Sigismund the Emperour that Synode proceeded; thither came the Prelates of those nations, without whose con∣sent a generall Councell of these parts of Christendome cannot be held.

41. This Synode of Basil thus gathered, among other things agreed vpon certaine conclusions concerning this Iurisdiction; the Conclusions are these:

• 1. Veritas haec de potestate Concilij generalis, vniuersalem Eccle∣siam* 4.73 representantis super Papam & quemlibet alterum, declarata per Constantiense & hoc Basiliense generalia Concilia, est verit as fi∣dei Catholicae.
• 2. Veritas haec quod Papa Concilium generale, &c. actu legiti∣mè Congregatum &c. nullatenus sine eius consensu potest dissoluere, aut ad aliud tempus prorogare, aut de loco ad locum transferre, est veritas fidei Catholicae.
• 3. Veritatibus duabus praedictis pertinaciter repugnans, est cen∣sendus h•…•…reticus. That is,

• 1. [This truth of the Iurisdiction of a generall Councell re∣presenting the Catholicke Church that is aboue the Pope or a∣ny other, as it is declared by the general Councels, that of Con∣stance and this of Basil, is a truth of the Catholicke faith.
• 2. This truth that the Pope cannot in any case without the consent thereof dissolue a generall Councell, &c. lawfully and actually gathered &c. or proroge it to another time, or transfer it from one place to another, is a truth of the Catholicke faith.
• 3. Whosoeuer doth with pertinacy, resist these two foresaid truths, is to be adiudged an hereticke.]

These conclusions they set downe against that Iurisdiction which the Pope claimed, whom they called G•…•…briel Condelme∣rius, otherwise called Eugenius the fourth, against which con∣clusions no man then contended, sauing the Pope and his flat∣terers, who are therefore adiudged Heretickes by the Coun∣cell. In the fiue and fortieth Session of this Synode of Basil there are other conclusions added, to declare the pertinacy of Eugenius the fourth, condemned by that Councell: and first they declare or testifie that not in their owne iudgements one∣ly, but in the iudgements of all that before them were men of knowledge and learning in the Church; this was euer main∣tained, that the Pope must be subiect to a generall Councell:* 4.74 Ne•…•… vnquam aliquis peritorum dubitauit (saith that Synode) sum∣mum Pontificem in his quae fidem concernunt, iudicio eorundem

Conciliorum vniuersalium esse subiectum. Then they declare how Eugenius first laboured to dissolue this Synode without the consent of the Synode. But after many admonitions he reuo∣ked that dissolution, declaring it to be voide and of none effect: and so gaue great hope of peace to the Church. But after this againe, he attempted the second dissolution of the same Coun∣cell, which after many admonitions hee would not reuoke: wherefore these fiue conclusions are declared against him: First, The first dissolution of this holy Synode of Basil, pretended by Eugenius the present Pope, from the fulnesse of Apostolicall power (as he saith) attempted, is repugnant to the two foresaid truths. Secondly, Eugenius the present Pope, did in forme of law prescribed vnto him, iudicially reuoke all errours repug∣nant to the two foresaid truths, after the first pretensed disso∣lution or translation, being admonished, and commaunded by the Synode so to doe. Thirdly, The pretensed dissolution or translation of this holy Synode of Basil repugnant to the two foresaid truths, attempted by Eugenius after he was cyted vpon the point of reformation, proceeding (as he saith) out of the ful∣nesse of power in case it should proceede against himselfe, or any of his Legates Presidents: this should conteine an inexcu∣sable errour in faith: Fourthly, The second pretensed dissoluti∣on or translation of this Synode, repugnant to the two foresaid truthes, doth proue the said Eugenius to be a relapse, falling a∣gaine into his reuoked and condemned errour: Fiftly, This se∣cond dissolution or translation repugnant to the two foresaid truthes, as also the contumacy of Eugenius, and his long perse∣uerance therein, and the open rebellion of the said Eugenius, after that he was admonished by the Synode to reuoke that pretensed dissolution or translation; and also the erection of another Congregation vnder the name of a generall Councell to fortifie that pretensed dissolution, and that during the time of this holy Councell of Basil: all these are euident testimonies of the pertinacy of the same Eugenius, and so euident that they neede not the clamor of any other accuser.

42. Vpon these grounds this Councell deposed Eugenius the fourth, and elected Amadeus Duke of Sauoy, who was cal∣led

Felix the fifth. But Eugenius resisted by force, and helde himselfe as Pope, the Synode not being strong enough for him by coactiue power, though in spirituall Iurisdiction it was aboue him: yet would not this Councell acknowledge Eugeni∣us to be the Pope, but Felix. In the meane time Eugenius di∣eth, and Nicolaus the fift was chosen in his place. All this while the Councell of Basil stood vp: so that a new Schisme was like to rise; but all was compounded thus: Felix the fift should abdicate the office which he was content to doe, seeing Eugenius was dead who was deposed by the Synode: Nicolaus should be acknowledged and confirmed Pope. This Nicolaus thus confirmed, should by his bull approue and confirme all the things done and concluded in the Councell of Basill: all this was performed, and Pope Nicolaus by his Bull maketh a so∣lemne confirmation and approbation of this Synode: which Bull is annexed to the Synode: bearing date Calend. Iul. 1449. But the Synode seemed not much to respect this confirmation, because they rested vpon that authority which the Church hath from Christ.

43. Now let vs consider how this Synode prescribed a∣gainst the Popes Iurisdiction so much, that if the reformed Churches by the power and godly labours of their Princes, might once obtaine that which they haue so long wished, a ge∣nerall, free, lawfull holy Councell: they would not desire much more freedome therein then was practised in this Synod of Ba∣sill. For first concerning the safe conduct for comming to the Councell, and manner of proceeding, there is so much graunted by this Councell to the Bohemians, whom the Councell inuited to a disputation, that more then this, none will desire. For be∣sides the safe conduct for comming and going freely and safely, they are agreed vpon the iudge of controuersies: admitting that iudge which onely was alwayes acknowledged the iudge in all generall Councels: for the Pope was neuer acknow∣ledged* 4.75 to be the iudge. This Synode of Basil admitting herein the manner of proceeding held in auncient Councels, reiecteth the Pope, and admitteth another iudge, in these words. Lex diuina, praxis Christi Apostolica & Ecclesiae primitiuae vna cum

concilijs doctoribus{que} fundantibus se veraciter in eadem, pro veris∣fimo & indifferente iudice in hoc Basiliensi concilio admittentur. That is, [The law of God, the practise of Christs Apostles, and of the primitiue Church, together with Councels, and do∣ctors founding themselues truely vpon the same, shall be admit∣ted for the most true and indifferent iudge, in this Councell of Basil.] Now this is far from the iudgement of our aduersaries, who will admit no other iudge of controuersies, saue the Pope onely. Wee haue the iudgement of the Church against them, both of old time, and at this time of late: and before the Coun∣cell of Trent it was neuer otherwise.

44. Moreouer, whereas the Pope sent his Legates to this Councell of Basil, requiring that they might be admitted as Presidents of the Councell in his place: this the Councell gran∣ted, limiting the same graunt with these conditions: that these who thus were admitted Presidents of the Councel in the place of Pope Eugenius, should be in that place without all coactiue Iurisdiction: that the manner of proceeding by disputations* 4.76 should stand inuiolate: that all the Councell being equally de∣uided* 4.77 into foure deputations, nothing should be concluded but that which was confirmed by three deputations at the least: that the things thus confirmed should be inrolled by the Presi∣dents or one of them: that if they refused to inroll such things, then should it be lawfull for any other man, which was in one of the deputations, to doe it: which must after this be brought to the congregation, and read there and publikely approoued before it be concluded. They condition also that all the Actes of the Councell shall be done and dispatched in the name, and vnder the seale of the Councell.

45. Further in these late Councels there is no memorable mention of the fiue nations. There was free accesse for all na∣tions that would come, but there is especiall mention of fiue nations, because these were the principall nations of these we∣sterne parts: they are named in the first session of the Councell of Basill, Italy, Brittaine, Germanie, France, and Spaine: no∣thing might be concluded vnlesse it were first diuers times pub∣lished in the presence of the fiue nations, and by the generall

consent of them, confirmed. If things had passed in this man∣ner in the Councell of Trent, that free accesse might be giuen to all nations; that the Scriptures with the Fathers founding them∣selues vpon Scriptures, might bee admitted the onely iudge of controuersies; that the Pope should haue no coactiue authori∣tie, that nothing should be concluded, but by the consent of the fiue nations; then would wee admit that Councell to bee free and generall: but because in stead of these, the contrary was practised in Trent, that no iudge could be admitted there, but the Pope; that none might haue accesse to that Synod, but they who were first bound in an oath to the Pope; that there∣in the Pope practised coactiue power, that nothing could there be concluded but by the direction of the Pope: therefore when we reiect the Councell of Trent, we doe no more then onr fore∣fathers did in the Councell of Basill, & before that in the Coun∣cell of Constance, and before that in the Councell of Pisa. We are the children of them that held these Councels: whom see∣ing we finde to be so peremptor ily bent against the Pope, and against the proceedings of the late Councell of Trent, haue we not warrant following the footsteps of our forefathers, vtterly to reiect and to condemne the Popes Iurisdiction which wee haue now found to be so late, so basely bred, without antiqui∣tie, honour, honesty or libertie? Against the Popes pretensed Iurisdiction, what can wee say more, then hath beene already concluded by these Councels?

46. For they haue concluded that a Councell hath authori∣tie aboue the Pope: that the Church may correct and hath corrected Popes: Ecclesia Catholica Saepenumero summos Pontifi∣cos,* 4.78 * 4.79 siue à fide delirantes, siue prauis moribus notorie Ecclesiam scandalizantes correxit, & iudicauit. Ne{que} vbi de fidei periculo aut scandalo religionis Christianae agebatur, Romanis Pontificibus pe∣percit. They haue concluded that the Popes may erre as well as other men. Certum est Papam errare posse. [It is certaine that* 4.80 the Pope may erre, and in the same place it is said: experience* 4.81 prooueth it, for we haue often found and read that the Popes haue erred: this Christ declareth if thy brother offend against thee, dic Ecclesiae, tell the Church, and if he heare not the

Church, let him bee to thee as an heathen or Publican: this compriseth all men, euen 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 haue not heard the Church, haue beene accompted as heathen and Publicanes, as we read of A∣nastasius and Liberius.] And a little after, answering to a testi∣monie of Thomas Aquinas, who held the Pope, Peters successor, and Pastor of the vniuersall Church, they say thus: De singula∣ribus Ecclesijs & personis id intelligendum est, non de vniuersali Ecclesia, quae saepe obedientiam iustis de causis Romanis Pontificibus subiraxit: vt Marcellino, Anastasio, Liberio, Ioha. 12. Benedict. 9. Benedicto 13. Iohanni 23. That is, [That is to be vnderstood of particular Churches & persons, not of the Vniuersall Church; which many times vpon iust occasions hath withdrawen obe∣dience from the Bishops of Rome: as for example, from Marcel∣linus, Anastasius, Liberius, Iohn the twelfth, Benedict the ninth, Benedict the thirteenth, Iohn the twentie three.] They haue in like sort concluded, that the Popes Gouernment in the Church is to be admitted, not that he rule at his pleasure, but according* 4.82 to the doctrine of Saint Peter. Ut ipse Ecclesiam Dei salubriter regat, non quidem vt pro libito voluntatis suae cuncta peragere ve∣lit, spre•…•…is canonibus sacrorum conciliorum, sed iuxta beatiss. Petr•…•… doctrinam, sic regat non vt dominans in clero, sed vt formafactus gregis: Romanus enim Pontifex est vniuersalis Ecclesiae minister, non Dominus. That is, [That he may soundly rule the Church of God, not that he should doe all things according to the lust of his owne will, reiecting the Canons of holy Councels; but according to the doctrine of Saint Peter: let him so rule, not as a lord ouer the Lords inheritance: but as examples to their flockes: for the Bishop of Rome is the Minister of the Vniuer∣sall Church, and not the Lord.] They haue concluded, that if this Iurisdiction bee graunted to the Pope which he claimeth,* 4.83 a•…•…d which his flatterers pretend for him, that by this meanes the way is laid wide open for Antichrist. Aperite oculos & vi∣dete, qualis ex hoc daretur ingressus Antichristo? That is, [Open your eyes and behold what an entrance by this meanes would

be made for Antichrist.] So that they who yeeld any authori∣tie and reuerence to these Councels, must needs acknowledge, that the Popes Iurisdiction is laid downe in the dust.

47. Now let Bellarmine come with his fine distinctions, and tell vs that these Councels are partly confirmed, partly reio∣cted,* 4.84 partim confirmata, partim reprobata: these be pleasant heads that can take of these Councels what pleaseth them, and reiect all that is against them: but let them collude with their owne consciences as they list, they are not able to answere that which we vrge, or any way to shift vs off: for wee doe not vrge these conclusions as decrees of Councels: (though against them they may iustly stand for such, but wee doe not pro∣duce them to that end) but onely to declare the religion, sense, and iudgement of Christendome, what it was at this time, and before: what was the doctrine of the Church, concerning Iu∣risdiction: What the wisest, the most learned and best men in Christendome then taught: What was the iudgement of the Church of Rome then: This is euidently declared by these Councels, and that we may vrge no more but this, by this wee haue enough to proue that the Church of Rome then stood ful∣ly against the Popes Iurisdiction. If they tell vs that Eugenius and they who followed him was the Church, and not these that were gathered in Basil: I aunswere, this doth more and more confirme that which I haue obserued betweene the Church of Rome on the one side, and the Pope with his flatterers on the other side: who albeit they haue gotten the vpper hand by force and fraud, yet let them know the basenesse of their birth and progeny: they are but a late vpstart generation, begin∣ning when Friars began: lifted vp by the winde which them∣selues did raise, for increasing the Popes pride: crossed and con∣tradicted, yea refuted and condemned by the learned and godly that liued in the Church of Rome: neuer fully preuailing before the Councell of Trent. Then let them not demaund of vs such f•…•…iuolous questions, where was our Church before M. Luther? for we are able to shew both our Church, and their Church, the antiquitie and not interrupted continuance of the one, and the base vpstart and late rising of the other.

§. V. Iohn Gerson.

48. HAuing thus farre declared the iudgement of the Church of Rome, assembled in diuers Councels: now let vs consider how in particular, the learned men of these ages stood affected in this question: and who they were that tooke part with these Councels to aduance the authoritie of the Church aboue the Pope: for they who followed the Pope in this faction were onely Friars and flatterers; but on the o∣ther side were these, as then, the great lights of Christendome for learning, that I may of many remember a few.

49. First Iohn Gerson, a man of great authoritie in the Coun∣cell of Constance: who hath written diuers bookes, wherein he preferreth the authority of a Councell, before the Popes au∣thoritie, and speaketh much otherwise of Iurisdiction, then the Court of Rome vseth now to speake. His booke De potestate Ecclesiastica, was pronounced and approued in the Councell of Constance, in the yeere of Christ, one thousand foure hundred and seuenteene; as in the end thereof appeareth: from whence I will obserue some things, declaring his iudgement in our que∣stion of Iurisdiction. First he describeth that spirituall power which Christ hath left to his Church, thus: Potestas Ecclesiastica* 4.85 est potestas quae à Christo supernatur aliter & specialiter collata est suis Apostolis & discipulis, ac eorū successoribus legitimis vs{que} ad finē saecul•…•…, •…•…d aedificationē Ecclesiae militantis secundū leges Euangelicas pro 〈◊〉〈◊〉 faelicitatis aeternae. That is, [Ecclesiasticall power, is a power supernaturally & especially giuen by Christ to his A∣postles and Disciples, and their lawfull successors vnto the end of the world, for the edification of the Church Militant, accor∣ding to the Euangelicall lawes, for the obteining of eternall life.] This power we acknowledge with Gerson, nay with all the auncients, who speake no otherwise of the power which Christ hath committed to his Church. But then we wish that our aduersaries might vnderstand how they wander in igno∣rance and confusion: confounding this power which is spiritu∣all,

executed secundum leges Euangelicas, with that power which is coactiue and executed secundum leges Canonicas. It is their common manner to confound these things, and thereby to per∣plexe themselues and their readers: but of all that euer I read,* 4.86 he surpasseth; who calleth himselfe the Catholike diuine: for confused & vnlearned handling of these things. Then the power which Christ left to his Church, is practised secundum leges E∣uangelicas: this is the true power of the Church. But our que∣stion hath beene altogether of Iurisdiction coactiue, execu∣ted not secundum leges Euangelicas, therefore not giuen by Christ to his Church: but belonging to such lawes, to whom all coact•…•…ue power peculiarly belongeth.

50. Of this coactiue power, the same Gerson saith thus:* 4.87 Potestas Ecclesiastica Iurisdictionis in foro exteriori, est potest as Ec∣clesiastica coactiua, quae valet exerceri in alterum etiam inuitum. That is, [Ecclesiasticall power of Iurisdiction in the exteriour Court, is an Eccle•…•…iasticall power coactiue, which may be ex∣ercised against another, though it be against his will.] And a little after, speaking of the same coactiue power, he saith: Po∣testas haec Iurisdictionis Ecclesiasticae adeo vicina est Iurisdictioni faeculari & politicae, quodlaicis imò & mulieribus pleruin{que} & in multis casibus communicari potest executio vel commi•…•…ti. That is, [This power of Ecclesiasticall Iurisdiction, commeth so neere to secular and Ciuill Iurisdiction, that the execution hereof may be communicated or committed for the most part, and in many cases to Lay-men, yea euen to women.] Then this power is not from Christ directed to Church-gouernours, which may be ex∣ecuted by Lay-men, and women. For Christ gaue no Iurisdi∣ction to his Church, which may be executed by such. Now if this coactiue Iurisdiction 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 lawes of nature, and grace, the Ciuill and the Canonicall lawes, and I know not what other lawes, as the Catholicke diuine telleth vs, that a woman should haue this Iurisdiction? for if a woman may be a Magistrate, it must needs follow that a woman may haue that power which God hath giuen to Magi∣strates.

51. Gerson speaking of the power of the Church, not this coactiue, but that which is giuen, secundum leges Euangelicas, declareth that it is founded vpon the text of Mat. 18. Dic Ec∣clesiae,* 4.88 &c. Funda•…•…ur in hoc textu, saith he, Plenitudo potestatis gla∣dis spiritualis & executio eius in Ecclesia super quemlibet Christia∣num, 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 fulnesse of the spirituall sword aboue any Christian that is our brother, though he be a Pope, is founded vpon this Text: neither must we take it so, tell the Church, that is the Pope: for Christ spake this to Peter, who was not bidden to tell it to himselfe.] He declareth also, and much complaineth that the Ecclesiasticall Iurisdiction was by the practise of Popes, intruding •…•…pon Ciuill Gouernment; so strangely confounded, that a man could not in those dayes de∣cerne the difference betweene the right of the Church and of Princes. Potestatem Ecclesiasticam confundit magna caligine •…•…upi∣ditas* 4.89 ambitiosa, quaerens quae sua sunt, & quae crescentibus benefic•…•…o∣rum dotationibus impudenter excreuit: Ita vt vix decerni modo possit, quid ex primaria institutione Christi, vel inuariabil•…•… iure diui∣no tenendum sit. That is, [Ambitious coueteousnesse seeking her owne, and impudently inlarging her power as the dotation of benefices increased, hath confounded the Ecclesiasticall power with a great mist: So that now it may scarsely bee decerned, what we are to hold of the first institution of Christ, or by the inuariable diuine law.] Then this Iurisdiction was by the Popes hurled into such a confusion, that men of the best learning were much troubled with distinguishing this confused masse. And so farre did this confusion growe by meanes of the Canonistes extolling▪ the Popes Iurisdiction without measure, that the same Author was forced to complaine bitterly thereof thus: Hinc •…•… quiuocatio per dominos iuristas, qui loquentes de plenitudine* 4.90 Ecclesiasticae po•…•…estatis Papalis, solum loqui videntur de potestate Iurisdictionis: ex qua locutione videtur haec absurditas sequi, quod purè Laicus, imo & foemina posset esse Papa, & habere plenitudinem Ecclesiasticae potestatis. That is, [Hence commeth equiuocation induced by my masters the Canonists, who speaking of the ful∣nesse

of the Papall Ecclesiasticall power, seeme to speake onely of the power of Iurisdiction: by which speech this absurdity seemeth to follow, that a pure Lay-man, yea a wòman may be Pope, and haue the fulnesse of Ecclesiasticall power.

52. And thus, I trow, they will bring their Iurisdiction to a faire issue: that if wee should graunt it, as they claime it, this inference must also goe with it; that a Lay man or a woman may be Pope; were it not much better to giue to each his own right, to the Magistrate all power coactiue, to the Church po∣wer ouer the soules of men according to the lawes of the Gos∣pell: then to follow all these absurd fancies, by taking away from the Church and Magistrates their distinct rights, and cast∣ing a new, vnlawfull, confounded Iurisdiction vpon the Pope? And that we may vnderstand how the Papal Iurisdiction grew onely by the Popes flatterers, of such knaues he saith thus: A∣dulatio negat Papāposse Simoniacam committere, quoniam sua sunt omnia Ecclesiastica bona: concedit quod super 〈◊〉〈◊〉 est, potens ab alte∣ro* 4.91 ius suum tollere, & quod nec ab eo appellari, ne{que} eum iudic•…•…ali∣ter euocari, nec obeaientiam ab •…•…o sub•…•…rahi: hic 〈◊〉〈◊〉 symbolum fi∣de•…•… condere, hic solus causas eiusdem fidei tractare potest. Solus de∣finitiones, regulas, leges, & Canones condit: alioquin quic quid per a∣lios definitur, statuitur &c. irritum est, fallor si non ante celebratio∣nem huius Concilij Constantiensis sic occupauerat mentes plurimo∣rum ista traditio, vt oppositorum dogmatizatio fuisse•…•… de heretic•…•… prauitate vel notata, vel damnata. That is [Flatterie denieth that the Pope can commit Simony, because al Ecclesiastical goods are his: it graunteth that the Pope is aboue law, able to take from a man his right, and that neither an appeale may be made from him, neither may he be called iudicially to triall, nor obe∣dience be drawne from him: he onely must make Articles of faith: he onely must determine the causes of faith: onely hee must make definitions, rules, laws, and Canons: otherwise what∣soeuer is defined, ordeined by other, &c. it is voide. I am decei∣ued if before the celebration of this Councell of Constance this tradition did not possesse the mindes of most men, insomuch that they who taught otherwise, were noted, or condemned for hereticall prauity.]

53. In these words some things are obseruable: First, That this vnlimited Iurisdiction is giuen to the Pope onely by base fellows, flattering knaues, against the iudgement of the learned and graue men of the Church of Rome, and against the iudge∣ment of these Councels: Secondly, that the iudicious and graue men of this age, as Gerson and such like, yea all that were assem∣bled in this Councell, were noted by these base flatterers, and suspected or condemned of heresie. The Pope and his flatte∣rers wanted no good will then, to haue made them al hereticks. And it is to be obserued that the heresie which most of all trou∣bled the Pope with his flatterers, stood in this pretensed Iuris∣diction: for this is the cause wherefore flatterie, as Gerson saith, would haue imputed hereticall prauity to the Councell: Third∣ly, and last of all, the distinction betweene the Church of Rome and the Court of Rome, wherof we haue so often spoken, is here againe confirmed. For these flatterers stood for the Popes Iu∣risdiction against the Church of Rome heere assembled in a Councell: but howsoeuer they haue preuailed since, wee see heere that by the Church of Rome, they were accounted then but a base companie of flatterers. These bee they who after∣ward preuailed in the Councell of Trent, lifting vp the priui∣ledges of the Pope aboue the Church: And this is that Church on the other side, which then was in danger to be pronounced heretickes by the Pope, and these who are marked and bran∣ded, not by me, but by Gerson, Cusanus, Aeneas Siluius, and the rest of both these Councels of Constance and Basil, to bee no better then a generation of base flatterers.

54. Then there is no great thing done, or at which the world may maruel, when we see the reformed Churches at this day accounted heretickes by the Pope and his flatterers: for this was a thing long looked for. The Church did beare the pride of the Pope, the ignorance and insolency of his flatterers, as long as she could indure it. And when there was no reme∣die, made a separation indeede from the Pope, and his flatte∣rers, holding on still in the auncient waies of our fathers, who haue from time to time made resistance against the Pope and his seruants: from which auncient way of our forefathers, from

their profession, sense, iudgement and religion, the Councell of Trent hath made a famous defection, hauing declined and tur∣ned aside from the ancient and constant profession of the truth, in doctrine and Iurisdiction, vnto these new and straunge deui∣ses taken vp of late, and inuented 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 diuers did speake of it, before it came to passe: as Mat. Paris declareth, that some feared it might haue beene done by Bishop Grost head, so Cardinall Cusanus declareth, as hereafter we are to shew, how the Church may depart from the Pope.

55. The same Gerson saith also: Concilium generale potesta∣tem* 4.92 à Christo immediatè habet, cui quilibet cuiuscun{que} status eti∣amsi Papalis existat obedire tenetur, in his quae ad fidem & extir∣pationem schismat is pertinent. That is, [A generall Councell hath power immediatly from Christ; whereunto euery man is bound to obey in things concerning faith, and the extirpation of Schisme, of what state soeuer he be, though a Pope.] And he addeth thus much: Saluberima haec determinatio lex funda∣mentalis & velut infallibilis aduersus monstrosum horrendù{que} of∣fendiculum, quod positum erat per multos determinantes ex texibus grossè non ad regulam Euangelicam acceptis, &c. generale conci∣lium totum â Papa robur immeditate sumere. That is, [This most sound determination is a sundamentall law, and as it were in∣fallible against that monstrous and horrible offence, which is giuen by many, concluding from texts grossely vnderstood, and not according to the Euangelicall rule, &c. That a generall Councell receiueth all strength immediatly from the Pope.] In which wordes hee obserueth that the Popes flatterers, who brought in this Papall Iurisdiction aboue the Church & Coun∣cels, did induce hereby a monstrous and horrible offence in the Church. This offence, saith hee, was giuen by such as would proue this Iurisdiction from certaine texts of Scripture, as: Tu es Petrus, & super hanc Petram aedisicubo Ecclesiam meam: and, oraui pro te Petre, &c. And such like which are wire-drawen to countenance this Papall Iurisdiction. Which texts, saith Ger∣son,

are grossely taken by these flatterers, and not according to the rule of the Gospell. And seeing we finde that the Iesuites at this day haue no other ground for the Popes Iurisdiction, then the same texts by them and their forefathers distorted in∣to a wrong sense, as it is obserued by our forefathers against them: let the Iesuites know themselues to be the generation of those that haue distorted the holy Scriptures, and thereby brought a monstrous and damnable offence into the Church. Gerson presenly after this declareth, that against these flatterers, the reuerend Cardinall Cameracensis (whom he calleth his wor∣thy master) did write in defence of the truth. Scripsit (saith he) super hanc materiam reuerendiss. pater dominus Cardinalis Came∣racensis praceptor meus inclytus: which booke 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 knowen, and the right of the Church more strongly confirmed.

56. Gerson proceedeth, and of that Iurisdiction which the* 4.93 Pope claimeth by imposing his Canon lawes vpon other Prin∣ces, he saith: Papa non debet 〈◊〉〈◊〉 vt Canones positi aut alienae tra∣ditiones humanae•…•…nuariabiluer obseruentur per omnes nationes. That is, [The Pope ought not to striue to impose his Canons, or that other humane traditions bee kept inuariable of all nations.] Where he declareth that this imposing of the Popes Iurisdicti∣on vpon other nations, gaue occasion to the Greekes to make a separation from the Latins, and daily ministreth occasions of contention through Christendome. In the same Booke which he Intituleth, De •…•…uferibilitate Papae, he holdeth positiuely, that howsoeuer in some other respects there might be some vse of a Pope, yet concerning this our question of Iurisdiction, the Pope with all his pretensed Iurisdiction might be vtterly re∣moued from the Church, his position is: Auferibilis est Papa* 4.94 per gener•…•…le concilium perpetuo, 〈◊〉〈◊〉 adtempus, quoad ea omnia quae sunt •…•…urisdictionis. That is, [The Pope may be remooued by a generall Councell, either for euer, or for a time, in respect of all things pertaining to Iurisdiction.] Now if the Pope may be remoued from the Church, in respect of Iurisdiction, then the Canonists are quite put downe, who hold that the very essence

of the Papacy standeth in Iurifdiction. Further concerning this question of Iurisdiction, the same Iohn 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 appeale from the Pope.

§. VI. Cardinall Cusanus.

57. SOmewhat after this wrote Cardinall Cusanus, who of∣fered his Booke De concordantia Catholica, to the Councell of Basil: submitting himselfe and his labours to the iudgement of that Councell. It appeareth that about this time there were some motions and consultations of a reuolt from the Pope and Court of Rome: which consultations were mo∣derated then for a time, by such learned men as were in grea∣test estimation: but afterward vpon the like reasons it brake foorth. Cusanus disputeth this point in an Epistle written to Roderic de Treuino, •…•…rator to the King of Castile. Wherein he* 4.95 seemeth first to disswade 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 bee giuen for which it may bee necessary to come to a schisme.] But after much dispute, at last hee resolueth 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 prae∣sumit, vbi non constat eum ex causa 〈◊〉〈◊〉 aut necessitatis mo∣ueri, sed ex aliqua particulari indig•…•…a causa, time ipse in priora Pe∣tri 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 lawes of holy Fathers, where it appeareth that he is not moued thereto because of the publike good, or necessitie, but from some particular of his owne and an vnworthy cause; then hath he first offended against the former precepts of Peter going beyond the limits and strength of his power. Therfore if hee persist therein incorrigibly, it is nothing inconueni∣ent

for the Church to depart from him.

58. Then if a Pope make a departure first from the Man∣dates, Doctrines, and faith of Saint Peter, thus going out of the bounds of his power: in this case it is the iudgement of the graue Cardinals of Rome, who liued and wrote long before M. Luther was borne, that the Church might make a separation from the Pope. Iohn Gerson saith as before we heard, that this separation may be for a time, or for euer. Now then whereas this separation is made from the Pope by the reformed Chur∣ches, there is nothing done but that which the Church had in consultation to doe long before, in case the Pope should per∣sist in his pride and transgressions, and shew himselfe incorrigi∣ble. So that it is no maruaile if the Church which hath so long before thought of this departure, being thereunto so much prouoked by the intollerable ambition of the Pope, hath once performed that thing, which was so long in consultation: es∣pecially seeing the Church hath for the same, both the warrant of holy Scriptures, which doth fully not only prophesie of this departure, which the Pope hath made from the truth, and con∣sequently which the Church was to make from the Pope: but also giueth expresse commaundement to the people of God to depart from thence; Go out of her, my people. And besides this* 4.96 warrant of holy Scriptures they had also the iudgement of the Church before them: which Church whether we consider it in particular members, as the learned men, principall instructours and preseruers of doctrine: or in generall Councels; hath as we see oftentimes declared herselfe to bee wearied with bearing the Popes proud and ambitious Iurisdiction; and hath beene in great consultation to cast off the yoake of this Aegyptian bondage.

59. Now from that booke which this Cardinall Cusanus wrote De 〈◊〉〈◊〉 Catholic•…•…, we will obserue some things,* 4.97 wherein he declareth his iudgement against this Papall Iurisdi∣ction. And first he disputeth against them that thinke the Pope hath more power then 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, alijs Apostolis 21. d. in nouo 24. q. lo∣quitur. That is, [First if this be true, it must bee graunted that Peter receiued some singular power from Christ, and that here∣in the Pope is his successor: but wee know that Peter receiued no more power from Christ, then the other Apostles 21. d. in nou•…•… 24. q. loquitur. And of this spirituall Iurisdiction, he saith thus: Cum potestas ligandi & soluendi, in qua fundatur omnis Ec∣clesiastica* 4.98 Iuris•…•…ictio, sit immediate à Christo, quia ab illa potestate ligand•…•… & soluendi, sit diui•…•…a Iurisdictionis potestas, patet omnes E∣piscopos & forte etiam presbyteros aequales esse quoad Iurisdictio∣nem. That is, [Seeing the power of binding and loosing, in which all Ecclesiasticall Iurisdiction is founded, is immediately from Christ: and because the power of diuine Iurisdiction is from this power of binding and loosing; it is euident that all Bishops (perhaps also all Priests) are equall in respect of this Iu∣risdiction.] And againe hee saith: Quod vniuersale concilium propriè captū scilicet quod vniuersam Ecclesiā representat, sit supra Patriarchas & Roman. Pontificem, credo •…•…ubium esse non debere. That is, [I hold it a truth not to bee doubted, that a generall Councell properly taken, that is as it representeth the vniuer∣sall Church, is aboue Patriarches, and the Bishop of Rome.] And againe, Papa per Synodum in criminibus etiam alijs quam h•…•…∣resi* 4.99 i•…•…dicari potest. That is, [The Pope may be iudged by a Synod for other crimes also besides heresie.] Now for the Iurisdicti∣on* 4.100 of the ciuill Magistrate, the same Author speaketh thus: Imperator Christianorum in sua praesidentia est Christi vicarius.* 4.101 That is, [A Christian Emperour in his office, is Christs Vicar.] And againe: Omnis rex & Imperator habet officium Publicum ad Publicam vtilitatem or di•…•…atum: Publica vtilitas est pa•…•…ad quam ordinantur iusticia & iusta praelia: principium autem pacis est ad •…•…i∣nem 〈◊〉〈◊〉 •…•…rigere subdit•…•…s, & media illum 〈◊〉〈◊〉 sunt sa∣cra instit•…•…ta religionum: quare prima cura Imperialis in 〈◊〉〈◊〉 obser∣uandis ver•…•…ur. That is, [Euery King and Emperour hath a publike office, ordinate to the publike good: the publike good is peace, whereunto iustice and iust warres are ordinated: the fountaine of peace to direct subiects to an eternall end; the meanes to obtaine that end the holy ordinances of religion:

wherefore the first and chiefe care Imperiall consisteth in the ob∣seruation of those ordinances.] And therefore he saith: Impe∣rator curam custodiae gerit: And againe, isto modo imperator dici∣tur aduocatus vniuer•…•…alis Ecclesiae, & custos sides orthodoxae: Which thing he proueth by the ancient practise of the Church, because in the Chalcedon Councell the Emperour Martia•…•…us is called, custos fidei: and the Emperour Basilius in the begin∣ning of the eight Councell saith, that the gouernement of the Church was by the prouidence of God committed to his hands.

60. The same Author speaking further of the office of Kings, and of their Iurisdiction in Church affaires, and in Councels saith: Debent r•…•…ges & principes Synodos congregare iuxta admo∣nitionem* 4.102 sancts Gregorij ad Theodoricum regem Francorum, ex re∣gistro, 273. Iterata vos per vestram mercedem adhortatione pulsa∣mus vt congregari Synodum iubeatis. That is, [Kings and Prin∣ces ought to gather Synodes according to the admonition of Gregory writing to Theodoricus the French King; ex registro 273. We moue you with our redoubled petition, that euen for that reward that is reserued for you, you will commaund that a Synode may bee gathered.] Another part of the office of a Prince, is saith he, Confirmare & custodire in concilijs 〈◊〉〈◊〉. which thing hee proueth by diuerse auncient authorities: and concludeth that Emperours haue euer had this authoritie. Hee saith that in this thing hee had made diligent search, and had found this practise continued in all generall Councels vntill the eight Synode inclusiuely. In which search, saith hee, I finde by the acts of all generall Councels, aswell in Chalceon,* 4.103 as in Constantinople, Nice Ephesus, that either the Emperour was present in person, or some iudges his Vicegerents: and those not aboue twentie, seldome fifteene: but when the Em∣perour* 4.104 himselfe was present in person, I finde saith he, that hee was alwayes Presedent of the Councell: no other secular Prince hath right to be present in the Councell, sauing the Emperour.* 4.105 Vnlesse the Emperour appoint some to be present: but being present they haue no voice in the Councell, but may sit onely to heare: this he proueth by that testimony of Ambrose, in the cause of faith, Bishops are the iudges and not the Emperours.* 4.106

61. And whereas this auncient Iurisdiction of Princes was so disordered by the Pope, that by Papall intrusions and in∣croachments, the Princes had well-nigh lost their right, and temporall Iurisdiction turned into spiritual Iurisdiction; of this he much complaineth, and openeth the true cause of all this dis∣order to be in the insatiable couetousnes of the Court of Rome: for thus he saith: Rabidus appetitus ad ipsa terrena Ecclesijs an∣nexa Dominia, Episcopis ambitiosis hodie inest &c. de temporalibus omnis cura, de spiritualibus nulla. Non fuit ista intentio Imp•…•…rato∣rum,* 4.107 non volebant spiritualia à temporalibus absorberi &c. dum vacant Ecclesiae semper in periculo schismat is existunt &c. Si pere∣lectionem prouidendum est, ambitio procurat di•…•…isionem v•…•…torum. Si per curiam facilius persuadetur pro plus offerente: & omnia ill•…•… grauamina adueniunt pauperibus subditis: curia attrahit quicquid pingue est, & id quod Imperium contulit, & pro Deicultus, & bono publico ordi•…•…auit sanctissime, auaritia & cupidi∣tate exorta palleatis rationibus & nouis adinuentionibus totaliter peruertitur: & Imperiale efficitur Papale, & spirituale temporale. That is [Such a rauenous appetite is in ambitious Bishoppes at this day, toward the temporall Dominions annexed to Chur∣ches, &c. all their care is for the temporalties, not for spirituall matters: this was not the meaning of Princes, they meant not that the spirituall labours should be deuoured by temporalties, &c. Whilst the Churches are vacant, there is alwaies some dan∣ger of a schisme &c. If they proceed by election, ambition pro∣cureth a diuision of the voyces: If by the Court, he that bring∣eth most is best heard, and soonest preuaileth. And all these greeuances come vpon the poore subiects, whatsoeueris fat and rich, the Court of Rome draweth to her selfe; and that which the Empire as well for the worship of God, as for the publicke good hath conferred vpon the Church, and ordeined to an ho∣ly end, all is vtterly peruerted through filthy couetousnesse, and certaine painted reasons, and new inuentions are deuised to colour it. And thus the Imperiall right is now made Papall, and temporall right is made spirituall.] Then these be the obserua∣tions of the learned men of the Church of Rome long before vs, that the Pope had intruded vpon the Emperours right: now

what soeuer the Pope had once practised, that must be called spirituall: Thus the Iurisdiction of the Emperor being once by cunning or force wrested from the Emperour, being found in the Popes hand it was presently called spirituall Iurisdiction; as he doth most truely obserue, Imperiale efficitur Papale, & spiri∣tuale temporale.

62. By all which we find the iudgement of this man to be directly against the Popes pretensed Iurisdiction, and for the right of temporall Magistrates: when we finde the Cardinals of the Church of Rome, to write thus before the time of the contention, and before M. Luther was borne: wee are not so much to consider their priuate iudgements in these things, as the receiued iudgement of the Church wherein they liued, that is the Church of Rome: from the iudgement of that Church they departed not; but in these things do faithfully deliuer vn∣to vs the iudgement of the same Church, standing against the iudgement of the Pope, and his Court, consisting of Friars and flatterers. Thus we see the cause of the Reformed Churches throughly iustified by this learned Cardinall, 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 auncient fathers: In which case he granteth that the Church may depart from the Pope, and thereby doth iustifie the separa∣tion that is made.

§. VII. Aeneas Siluius.

63. AT this time wrote Aeneas Siluius, afterward called Pope Pius the second: he hath written a booke of the actes and proceedings of the Councell of Basil: from which I will note some things, wherein the iudgement of this man may appeare, concurring with the iudgement 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, &c. he saith thus: A quibus verbis ideó placuit exordiri,

quod aliqui verba h•…•…c ad extollendam Rom Pontificis authoritatem* 4.108 solent adducere, sed vt stati•…•… patebit alius est v•…•…rborum Christi sensus. That is, [With which words I thought good to begin, because some vse to alledge these words to extoll the authori∣tie of the Bishop of Rome: but as it shall soone appeare there is another sense of Christs words.] Who are they who in the iudgment of this man, do peruert the words of Christ? Let the Iesuites aunswere, and let them giue vs some reason, able to sa∣tisfie a man of reason, why that cause should not bee helde damnable, which is condemned by their owne writers: their Bishoppes, their Cardinals, their Popes? Let them not tell vs that this Pope Pius was of another mind afterward, when he was Pope: and before he was Pope he might erre; but after he was once Pope he could not erre: these bee plaine collusions of them who write such things, and illusions of such as beleeue them. For it is not possible that any man should write, or speake or thinke such things from conscience: Shall I thinke that any learned man can thinke in conscience this to bee true, that the Pope cannot erre, when I heare the testimonie of the Church so full against it? When I heare such as come to be Popes, re∣fute it before they come to that place? When I heare such as haue beene in the place, exclaime in the extremitie of despera∣tion, that no man in the world liueth more miserably then the Pope, that to be a Pope, is to succeed Romulus in Parricide, not Peter in feeding; that no Pope can bee saued: when all this is proued by the Church of Rome, confessed by Popes themselues; after all this to say the Pope cannot erre, is nothing but collu∣sion. No man can be drawen to such an opinion by consci∣ence, but by such worldly respects as doe binde, and blinde, and lay waste the conscience of them that will not loue the truth.

64. 〈◊〉〈◊〉 Siluius proceedeth, and out of S. Hierome ex∣pounding those word; p•…•…rtas inferi, the gates of hell, he proueth that they are to be vnderstood of sinnes. And declareth that great sinnes and malignant spirits cannot preuaile against the* 4.109 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 hearkē to thē who will not haue those words of Christ vnderstood as spoken to the Church, when he saith, Peter I haue prayed for thee, that thy faith failenot.] Where he proueth out of S. Augustine, that those words are to be referred to the Church. And that they cannot be vnderstood o•…•… the Bi∣shops of Rome, he is resolued & giueth such reasons as may re∣solue any other, that will not wilfully blindfold himselfe (as ma∣ny do that the blind doctrine of Iesuits may work more power∣fully in them) For saith he, Romani Episcopi aut haeretici, aut infecti vitijs sunt reperti. That is, [The Bishops of Rome haue bin found either Hereticks, or vicious men.] And concerning this Iurisdi∣ction he saith: Omnis anima potest atibus sublimioribus subdita sit: nec excipit animam Papae. That is, [The Apostle saith, let euery soule be subiect to the higher powers: hee excepteth not the soule of a Pope.] And again, Maximè Rom. Pontisicem subiectū Ecclesiae verba Christi ostend•…•…nt, quum Petrū. futurum Papam ad Ecclesiam remittat: dic Ecclesiae. And afterward, Si haereti•…•…us est qui Romanae Eocle siae primatum aufert &c. quanto magis haereticus erit, qui Ecclesiae detrahit•…•… qua Romana & omnes aliae continentur. In which words we find, that by the Church of Rome he vnder∣standeth not the Catholicke Church dispersed ouer the world: but only a particular Church among many other, hauing only in his iudgment this priuiledge, that in respect of other Chur∣ches 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 Catholick Church. For if we vnderstand the Church of Rome, that particular Church, which of old hath bin gouerned by the Romane Bishops, this is but a particular Church: of this particu∣lar, the B. of Rome is the chiefe, & head inspirituall matters. But if by the Church of Rome, we vnderstand an a•…•…sembly, or vnited consent of these westerne Churches, among which the Church of Rome hath bin honored as a Mother Church: in w^ch respect all these Churches, as they are vnited, are sometimes called the Romane Church. In which sense also I find that distinctiō obser∣ued between the Church of Rome & the court of Rome. In this

sense the particular Church of Rome is vnderstood a part and member of this, and the Pope hath alwayes beene vnderstood as subiect to this Church, and not aboue it.

65. Now that distinction which before wee haue obserued betweene 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 mor∣tuorum est, si opinio vocari debet, quae idoneis confirmatur authori∣tatibus,* 4.110 quia Rom. Pontifex vniuersali 〈◊〉〈◊〉 subiectus exist•…•…. That is, [It is the opinion of all that are dead before vs, if it may be called an opinion; which is confirmed by such pregnant au∣thorities, that the Pope is subiect to the vniuersall Church.] In which words, he declareth the iudgement of the Church which was before his time. But speaking of the Pope with his flatte∣rers, he saith: Sunt aliqui siue auids gloriae, fiue quod 〈◊〉〈◊〉 prae∣mia* 4.111 exspectent, qui perigrinas quasdam & omnino nouas praedicare doctrinas caeperunt, ipsum{que} summum Pontificem ex Iurisdictione sacri concily demere non v•…•…rentur: excaecauit •…•…os ambitio. That is, [There be some who either because they are greedy of glorie, or because by flatterie they hope for rewards, begin to preach certaine straunge and altogether new doctrines, they are not a∣fraid to exempt the Pope out of the Iurisdiction of an holy Councell: ambition hath blinded them.] This is the religion which the Iesuites would make so auncient: heere is their high antiquitie. In the time of Aenaeas 〈◊〉〈◊〉 (who wrote in the yeere one thousand foure hundred and fiftie) their religion is called an absurd, a new and a straunge doctrine: herein Siluius is a witnesse without exception for so much of their religion, as concerneth the Papall Iurisdiction: which is in summe all the religion of the Iesuites. When thus it is marked, and marked by a Pope, their mouthes are stopped for euer. For he doth deliuer the sense, iudgement, and religion of the Church in his time, faithfully and freely, against which testimonie no exception can be taken.

66. And that these men that haue brought in this newe, straunge, monstrous religion may be throughly knowen, and no doubt or scruple left behinde; hee describeth them thus:

Alius dicit quod primam sedem nemo i•…•…dicabit, quod 〈◊◊〉〈◊◊〉 Augu∣sto, ne{que} ab omni clero, nec à regibus &c. iudicars valeat: 〈◊〉〈◊〉 •…•…∣ere non veretur Rom. Pontificē quamuis animas 〈◊◊〉〈◊◊〉 ad inferos trahat, nullius reprehensioni fore subi•…•…ctum. Nec conside∣rant miseri, quia qu•…•… praedicant tantopere verba, aut ipsa•…•… sum∣morum Pontificum sunt suas fimbri•…•…s extendentium, aut eorum qui∣eis adulaba•…•…tur. That is, [One saith that no man may iudge the first sea, that he may not be iudged, either of the Emperour, nor by all the Clergie, nor by Kings, &c. Another is not ashamed to affirme, that though the Pope should draw innumerable soules with himselfe to hell, yet no man ought to reprooue him. Nei∣ther doe these wretches consider, that these doctrines which thus they would adu•…•…nce, are either the wordes of the Popes themselues, inlarging their fringes, or the words of their flat∣terers.] Then in his iudgement it is cleere, that the Church on the one side held the truth euen till his time, in this point of Iu∣risdiction: and on the other side, the Pope and his flatterers maintained, as he calleth them, new and straunge doctrines of Iurisdiction: It is well to be obserued that 〈◊〉〈◊〉 Silui•…•… be∣fore he was Pope could so freely condemne this Papall Iurisdi∣on: And was hee trow you, a Lutheran? verily so was the Church in his time: for he doth deliuer not so much his owne priuate iudgement, as the iudgement of the Church in his time, and in the times before him. For he saith it was the iudgement of all that liued and died in the Church before him, 〈◊〉〈◊〉 mortuoru•…•…: that the Pope is to be iudged by the Church, by a Councell; and that therefore the Councell is aboue the Pope. This, faith he, is the opinion of all that liued and died in the Church. And yet hee 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 accompt in respect of the Church: and so much the more vile, because against the iudgement of the aun∣cient Church, against the rules of interpretation, against ho∣nestie and conscience they had drawen some textes of Scrip∣ture to maintaine this Papal Iurisdiction. These are they whom these learned men call, 〈◊〉〈◊〉, miserable and wretched soules,

who will not vnderstand that all this which they bring for the Popes Iurisdiction, is nothing but the vain words of the Popes themselues, or of their flatterers.

67. Now seeing the Pope with his flatterers hath much preuailed since this time, against the expectation of these lear∣ned men: must we not conclude that they haue herein made a departure from the Church: that they are but flatterers, who now follow the Pope: that they were neuer accompted other∣wise by the grauer sor•…•… of the Church of Rome: that their opi∣•…•…ions are new and strange. Th•…•…n with what countenance can the successours of Aen•…•… 〈◊〉〈◊〉 p•…•…t vpon v•…•… the imputation of heresie, who follow the ingenuous, free and sincere iudgement of the same Siluiu•…•…; leauing these opinions whi•…•…h are confessed by him to be new▪ fond, straunge, vnreasonable deuises of base flatterers, and maintaining the 〈◊〉〈◊〉 truth, which by the te∣stimonie of these men alwayes continued in the Church. This man with many mo•…•…, will be raised vp in the day of iudgement, against this present generation consisting onely (euen 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 speake one∣ly of this part of their religion which now I handle, that is Iu∣risdiction: and what ground can any man finde here, where∣upon he may rest his conscience? Let them not bring vs 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 shewe in this particular, what ground of conscience, any man may haue to rest on, for the Popes Iurisdiction: which was crossed, contradicted and inhi∣bited by the auncient Fathers, confuted by the learned men of the Church of Rome, condemned by the Councell of the Church of Rome, maintained by none, •…•…ut such as are thus no∣toriously branded with the ignominious titles of flatterers.

68. And because the Pope and his flatterers (for sp•…•…aking of them, I must vse this name and stile which so many writer•…•… of the Church of Rome haue vsed before me, let •…•…hem not blame me, or thinke that I 〈◊〉〈◊〉 them: I vse but the words of these

other writers whom I haue cited) These men I say, being dri∣uen in argument from all helpes, hauing no meanes to answere the learned that disputed against them; did vse to flie for helpe to these words of the Gospell. Thou art Peter, and to thee will I giue the keyes of the kingdome of heauen: and, I haue prayed for thee Peter, that thy faith faile not; and such like: the same Author declareth that they did altogether abuse and peruert these places of Scripture, against the sense of the wordes, and against the expositions of the auncient doctors. For thus hee saith: E•…•… quia huiusmodi dicta solutionem habent, recurrunt statim ad Euangelium: tu es Petrus, & tibi dabo claues regnic•…•…lorum: & rogaui pro te Petre ne deficiat fides tua, & duc in altum rete, &c. Qu•…•… om•…•…ia hi homines miro modo sublimant, expositionibus sancto∣rum doctorum omninò posthabuis. That is, [And because these words conteining their reasons, a•…•…e all answered, they flie pre∣sently to the Gospell: thou art Peter, and to thee will I giue the keyes of the kingdome of heauen: and, I haue prayed for thee Peter that thy faith faile not, and cast thy net into the deepe, &c. All which these men after a marueilous maner: raise vp to extoll the Pope, reiecting altogether, & casting behind thē the expo∣sitions of an•…•…ient doctors.] Then we haue one Pope full of our side; for he assureth vs, that this new & strange wresting of these textes to aduance the Popes Iurisdiction, standeth wholly a∣gainst the expositions of the auncient Fathers. Aenaeas Siluiu•…•… in the same booke, speaketh much in the honour of the French Cardinall of Arles, as an especiall admirer of his vertues. Lodo∣uicus* 4.112 Cardinalis Arelatensis, saith he, Uir omnium con•…•…tantissi∣mus & ad gubernationem generalium concilior•…•…m natus. That is, [A man of all other, mo•…•…t constant, and one that was borne for the gouernment of general Councels.] One testimonie I would produce of this Cardinall, and then wee haue three Cardinals for vs, Cameracensis, Cusanus, Arelatensis. This Cardinall, in the mids of the Councell of Basil, professed that the doctrine of the Popes Iurisdiction ouer generall Councels, was a new do∣ctrine, and strange at that time in the Church. •…•…ardinalis Are∣latensi•…•…,* 4.113 saith he, ai•…•… Eugenianos nuntios implesse Galliam, qui 〈◊〉〈◊〉

doctrinam praedicantes authoritatem Romani Pontificis su∣pra generalia concilia magnifacerent.

69. After all this, when we finde that Cardinall Bellarmine and the rest of the Friars and flatterers, haue nothing to say for the Popes Iurisdiction, but that which is condemned by these learned men, as a newe and straunge doctrine in the Church; haue no other reasons to maintaine this their new doctrine, then the peruerting of these texts of Scriptures, which distor∣ting of Scriptures is expresly censured by the said learned men, as standing against the naturall sense of the words, and against the expositions of the ancient Fathers, writing of those Scrip∣tures: when we find not one or two, or a few; but the cry of the whole Church against them: who is able by any shew of learning to auoid our conclusion; that they who thus maintain this Papall Iurisdiction, are the followers of their forefathers, that is onely Friars and flatterers. And that we who denie this Papall Iurisdiction, giuing to the Church on the one side, and to Soueraigne Princes on the other side; their proper, distinct, auncient rights respectiuely belonging to each of them, are the followers and the children of our forefa∣thers, that is the true, ancient, vnchaun∣ged Catholicke Church.

FINIS.

Notes

• * 1.1

  De Rom. Ponti∣fic. lib. 4. cap. 24
• * 1.2

  Lib. de potest. Ec∣cles. q. 1. Art. 1.
• * 1.3

  Clement. lib. 2. de senten & re. iudic. Can. 2.
• * 1.4

  Extrau. Com. lib. 1. de maior. & obed. c. vnam sanctam.
• * 1.5

  Ierem. 1. 10.
• * 1.6

  Answere to the fift part of Reports.
• * 1.7

  Iniunctions An. 1559 and Anno 1562.
• * 1.8

  Ephes. 1. 22.
• * 1.9

  Mat•…•…h. 18. 1.
• * 1.10

  Ma•…•…c. 9. 34.
• * 1.11

  Luke. 9. 46.
• * 1.12

  Isai. 49. 32.
• * 1.13

  De eccles. mili∣tant. lib. 3. ca. 13
• * 1.14

  De potest. eccles. qu. 1. art. 1
• * 1.15

  Lib. 5. de Rom. pont. cap. 6.
• * 1.16

  Lib. 4. cap. 22. de Rom. Pont.
• * 1.17

  What is the Iurisdiction in question.
• * 1.18

  De potest. Eccle∣consid. 4.
• * 1.19

  Gen. 14. 19.
• * 1.20

  Gen. 9. 26, 27.
• * 1.21

  Gen. 27. 29.
• * 1.22

  Gen. 4. 26.
• * 1.23

  Gen. 9. 26. 27.
• * 1.24

  Num. 3. 12. & 8. 6.
• * 1.25

  Lyra in Num. 3. 12.
• * 1.26

  In Num. 8. 16:
• * 1.27

  In Gen. 14.
• * 1.28

  Plato in politic. Arist. 3. de re∣pub. Cic. 1. de di∣uinat. Clem. Alex. str. 8.
• * 1.29

  Heb. 5. 4.
• * 1.30

  10. H. 7. 18.
• * 1.31

  Jren. li. 4. ca. 43. Tertul. prescript.
• * 1.32

  Num. 3. 12. & 8. 6.
• * 1.33

  Num. 3.
• * 1.34

  Gen. 36, 31.
• * 1.35

  Deut. 33. 5.
• * 1.36

  Num. 3. 3.
• * 1.37

  Deut. 17. 12•…•….
• * 1.38

  Verse 11.
• * 1.39

  Act. 25. & 23.
• * 1.40

  Act. 21. 13.
• * 1.41

  Act. 25. 18 19.
• * 1.42

  Act. 23. 3.
• * 1.43

  Act. 25. 10.
• * 1.44

  I•…•…s. 5.
• * 1.45

  2. Sam. 6.
• * 1.46

  1. Paral. 16.
• * 1.47

  1. Paral. 24.
• * 1.48

  2. Paral. 6.
• * 1.49

  2. Paral. 15.
• * 1.50

  2. Chron. 19. 5
• * 1.51

  6.
• * 1.52

  •…•….
• * 1.53

  8.
• * 1.54

  9.
• * 1.55

  10.
• * 1.56

  11.
• * 1.57

  Answere to the first part of reports, c. 9.
• * 1.58

  2. Chron. 26.
• * 1.59

  1.
• * 1.60

  2.
• * 1.61

  3.
• * 1.62

  4.
• * 1.63

  Rom. 13. 4.
• * 1.64

  Psal. 82.
• * 1.65

  Mat. Tortus Pa∣piensis.
• * 1.66

  Exod. 4. 16.
• * 1.67

  Moses Legislator & interpres Dei.
• * 1.68

  Ioh. 10. 35.
• * 1.69

  Malach. 2. 7.
• * 1.70

  2. Reg. 11. 12.
• * 1.71

  Deut. 17. 18.
• * 1.72

  Psalm. 99. 6.
• * 1.73

  So 2. Sam. 20. 26. Where Tharg. hath a Prince, or mighty.
• * 1.74

  Num. 33. 39.
• * 1.75

  Deut. 34. 7.
• * 1.76

  Num. 27. 17. 18.
• * 1.77

  Deut. 31. 14.
• * 1.78

  Ios. 1. 17.
• * 1.79

  Exod. 24. 5.
• * 1.80

  2. Reg. 23. 2.
• * 1.81

  2. Chron. 26.
• * 1.82

  1. Reg 2. 26.
• * 1.83

  Mat. 18. 18.
• * 1.84

  Joh. 20. 23.
• * 1.85

  Answere to the fift part of Re∣ports.
• * 1.86

  Mat. 16. 18.
• * 1.87

  Joh. 20. 15.
• * 1.88

  Serm. pro viagio regis Rom. di∣rec. 1.
• * 1.89

  Lib. de gestis Basil. consil.
• * 1.90

  1.
• * 1.91

  Act. 14. 23.
• * 1.92

  Titus 1. 5.
• * 1.93

  2.
• * 1.94

  1. Tim. 1. 3.
• * 1.95

  Tit. 1. 11.
• * 1.96

  Apoc. 2. 20.
• * 1.97

  Tit. 1. 5.
• * 1.98

  7.
• * 1.99

  10.
• * 1.100

  11.
• * 1.101

  1. Tim. 1. 3.
• * 1.102

  1. Tim. 5. 19.
• * 1.103

  4.
• * 1.104

  Acts 15. 6.
• * 1.105

  7.
• * 1.106

  Acts. 5.
• * 1.107

  Lib. 5.
• * 1.108

  Lib. 3. cap. 3.
• * 1.109

  Cyprian. Epist. 75.
• * 1.110

  Epist. ad Eua∣grium.
• * 1.111

  Lib. 5.
• * 1.112

  Lib. 2. ca. 57.
• * 1.113

  1. Tim. 1. 3.
• * 1.114

  Ambrose lib. 4. Epist. 32.
• * 1.115

  Idem ibid.
• * 1.116

  Orat. in Aux∣ent.
• * 1.117

  Lib. ad Constan∣tium August.
• * 1.118

  Theodoret. lib. 5. cap. 32.
• * 1.119

  Lib. 3. epist. 20.
• * 1.120

  De sacerdotio lib. 3.
• * 1.121

  August. epist. 9.
• * 1.122

  Synes. epist. 57.
• * 1.123

  Mat. 18. 1.
• * 1.124

  Marc 9. 34.
• * 1.125

  Luc. 9. 46.
• * 1.126

  Luke 10. 1.
• * 1.127

  Cypr. lib. de vni∣tat. Eccle.
• * 1.128

  Hiero. ad Eua∣grium tom. 2.
• * 1.129

  Lib. 5. cap. 7. de Rom. Pont.
• * 1.130

  Iohn 18 36.
• * 1.131

  Mat. 2. 3.
• * 1.132

  Joh. 15. 19.
• * 1.133

  Iohn. 18. 36.
• * 1.134

  Mat. 5. 44.
• * 1.135

  Iust. apol. 2.
• * 1.136

  Plin. epist. li. 10.
• * 1.137

  Tertul. apo•…•…. cap. 39.
• * 1.138

  Optat. lib. 3.
• * 1.139

  De ciuit. dei lib. 5. cap. 21.
• * 1.140

  Lib. de natur. boni aduers.
• * 1.141

  〈◊〉〈◊〉. cap.? 2.
• * 1.142

  Expositio qua∣rund. questionum ex epist. ad Rom. proposit. 72.
• * 1.143

  Orat. in Auxent.
• * 1.144

  Lib. indist: 11. cap. 100.
• * 1.145

  Elias. Thisbet. verbo 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉
• * 1.146

  Euseb. lib. 5. ca. 24.
• * 1.147

  Euseb. ibid.
• * 1.148

  Rom. 12. 10.
• * 1.149

  Titles of honour giuen to other Bishops as much as to the Bi∣shops of Rome.
• * 1.150

  Basil. Epist. 55.
• * 1.151

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉
• * 1.152

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• * 1.153

  Lib. 6. Epist. 1.
• * 1.154

  Lib. 6. Epist. 4.
• * 1.155

  Lib. 7. Epist. 4.
• * 1.156

  Lib. 6. Epist. 7.
• * 1.157

  Euseb. lib. 7. cap. 23. 24, 25. &c.
• * 1.158

  Damnatur ab omnibus quae sub coelo sunt Eccle∣siis Christi. Euseb. ibid.
• * 1.159

  Omni Ecclesiae Catholicae quae sub Coelo est. ibid.
• * 1.160

  Euseb. lib. 7. cap. 4. 5.
• * 1.161

  Cyprian. Epist. 55
• * 1.162

  Ibid.
• * 1.163

  Optatus lib. 1.
• * 1.164

  Euseb. li. 10. ca. 5
• * 1.165

  Theodoret. lib. 1. cap. 19.
• * 1.166

  Socrat. lib. 1. cap. 33. 34.
• * 1.167

  Russin. h•…•…tor. Eccle. li. 10. ca. 1
• * 1.168

  Lib. 2. Tom. 2. heres. •…•…8.
• * 1.169

  Hieron. in chron. & catalog.
• * 1.170

  Ruffi. li. 10. ca. 27
• * 1.171

  Platin. Liberio.
• * 1.172

  Theodoret. lib. 2. cap. 16.
• * 1.173

  Lib. 7. cap. 46.
• * 1.174

  Sozom. lib. 1. ca. 9. Tripartit. lib. 1. cap. 9.
• * 1.175

  Arift. Elench.
• * 1.176

  Euseb. lib. 4. de vita Constan∣tini.
• * 1.177

  Socrat. lib. 1. cap. 23.
• * 1.178

  Ambios. Epist. ad Theodos.
• * 1.179

  August. Epist. 162. et •…•…libi.
• * 1.180

  Socrat. lib. 4. cap. 2.
• * 1.181

  Prosper in Chro∣ni•…•…is.
• * 1.182

  Leo. Epist. 12.
• * 1.183

  Ibid.
• * 1.184

  Epist. 17.
• * 1.185

  Epist. 24.
• * 1.186

  Epist. 31.
• * 1.187

  Bellarm. de concil. cap. 12.
• * 1.188

  Bellar. Ibid.
• * 1.189

  Leo Iunior. Act. 18. Syno∣dus sextae.
• * 1.190

  Regist. ca. 273.
• * 1.191

  Cusanus lib. de Cath. concor∣dantia 3. cap. 19
• * 1.192

  Prosper in Chre∣nicis.
• * 1.193

  Concil. Affrican. cap. 101.
• * 1.194

  Concil. Carthag, 6.
• * 1.195

  Concil. Carthag. 6. cap. 3.
• * 1.196

  Concil. Affrican. cap. 101.
• * 1.197

  Concil. Affrica. cap. 105.
• * 1.198

  Concil. Affrican. cap. 105.
• * 1.199

  Quaecun{que} nego∣tia in suis locis vbi orta sunt, fi∣nienda: nec gratiam spiritus S. vnicui{que} Pro∣uinciae defut•…•…∣ram.
• * 1.200

  Apoc. 9. 2.
• * 1.201

  Concil. Affrica cap. 92.
• * 1.202

  Cyprian. Epist. 55
• * 1.203

  Concil. Mileuit. cap. 22.
• * 1.204

  Epist. 2. Bonis. 2. inter decreta eiusdem.
• * 1.205

  Epist. Stephan•…•… 3. apud Sabel∣licum.
• * 1.206

  Platin. Ste∣phano. 9.
• * 1.207

  Lib. 4. indict. 13.
• * 1.208

  Epist. 82.
• * 1.209

  Epist. 36. lib. 4.
• * 1.210

  Bellar. de Rom.
• * 1.211

  Pont. lib. 2. cap. 31.
• * 1.212

  Bellar. de Rom.
• * 1.213

  Pont. lib. 3. cap. 13.
• * 1.214

  Bellar. ibid.
• * 1.215

  •…•…aub. VVarne∣frid. P•…•…uca.
• * 1.216

  Vspergens. Chro∣nic.
• * 1.217

  Platin. Boni∣fac. 3.
• * 1.218

  Vol. 2. Gene∣rat. 21.
• * 1.219

  In chronic. an. 726.
• * 1.220

  Naueler. Vo•…•…. 2. generat. 25.
• * 1.221

  Uspergensis Nau•…•…ler.
• * 1.222

  An answere of a Catholike Diuine to the fift part of re∣ports of Sir Edward Cooke P. 123.
• * 1.223

  Platin. Leone 3. Naucler. gener. 27.
• * 1.224

  Theodor. de Niem.
• * 1.225

  Paulus Diacon.
• * 1.226

  Sigebert.
• * 1.227

  Palmerius.
• * 1.228

  Sigebert.
• * 1.229

  In Synodo Francsord.
• * 1.230

  Aser praefat, ad Alphredum.
• * 1.231

  Metrop. Crantzij lib. 2. cap. 29.
• * 1.232

  Beno Cardinal. in vita & gestis Hild•…•…brand. Auent. lib. 5. Annal.
• * 1.233

  Beno Cardinal.
• * 1.234

  Naucler. 2. gene∣ration 36.
• * 1.235

  Auentin. lib. 5.
• * 1.236

  Naucler. 2. gene∣ration. 37.
• * 1.237

  Tertul. apol. ca. 5
• * 1.238

  Naucler. Vol. 2. gener. 36.
• * 1.239

  Beno. Cardin.
• * 1.240

  Lib. 2. Cap. 14. de Rom. Pont.
• * 1.241

  Anaclet. Epist. 1.
• * 1.242

  Ibid.
• * 1.243

  Anaclet. Epist. 2.
• * 1.244

  Euarist. Epist. 2.
• * 1.245

  Euseb. Epist. 1.
• * 1.246

  Anaclet. Epist. 3.
• * 1.247

  Sixtus. Epist. 2.
• * 1.248

  Zepherin. Epist. 1
• * 1.249

  Marcel. Epist. 2.
• * 1.250

  2.
• * 1.251

  3.
• * 1.252

  4.
• * 1.253

  Concil. Trid. sess. 4. decret. 1
• * 1.254

  Bellar. de verbo Dei non scrip. lib. 4. cap. 9.
• * 1.255

  Paul. Iouius li. 2. historiarum.
• * 1.256

  Iouius ibid.
• * 1.257

  Card. Contaren. tract. de iustifi∣catione.
• * 1.258

  The Councell of Trent.
• * 1.259

  Not a generall Councell.
• * 1.260

  Iohn Sleidan. lib. 11.
• * 1.261

  Sleidan. lib. 22.
• * 1.262

  The Councell of Trent not free.
• * 1.263

  Sleidan. lib. 23
• * 1.264

  Lex diuina, praxis Christi, A∣postolica, & Ec∣clesiae primitiuae, vna cum consilijs doctoribus{que} f•…•…n∣dantibus s•…•… ve∣raciter in eadem pro verissimo & indifferente iu∣dico in hoc Basi∣liensi consilio ad mittentur. consi∣li. Basil. sess. 4.
• * 1.265

  Epist. 4.
• * 1.266

  The Councell of Trent not a lawfull Coun∣cell.
• * 1.267

  Sleidan. lib. 19.
• * 1.268

  Sleidan. lib. •…•…6
• * 1.269

  S•…•…eidan. lib. 23.
• * 1.270

  Sleidan. lib. 17.
• * 1.271

  Sleidan. lib. 14.
• * 1.272

  Sleidan. lib. 17.
• * 1.273

  VViclif•…•…s com∣plaint to the King and Par∣liament. art. 1.
• * 1.274

  Fasciculus temp.
• * 1.275

  The first cause of persecution by Popes: not for doctrine, but for Iuris∣diction.
• * 1.276

  Reinerius
• * 1.277

  VViclife lib. de sundam. legum Angl. cap. 36. pag. 42. 4.
• * 1.278

  Companit. pag. 9
• * 1.279

  Ibid. pag. 14.
• * 1.280

  Treat. against Friars pag. 19.
• * 1.281

  p. 24.
• * 1.282

  p. 2•…•….
• * 1.283

  p. 55.
• * 1.284

  p. 3•…•….
• * 1.285

  p. 40.
• * 1.286

  p. 28.
• * 1.287

  p. 30.
• * 1.288

  p. 31.
• * 1.289

  p. 32.
• * 1.290

  p. 33.
• * 1.291

  p. 35.
• * 1.292

  p. 36.
• * 1.293

  p. 37.
• * 1.294

  p. 38.
• * 1.295

  p. 41.
• * 1.296

  p. 42.
• * 1.297

  p. 45.
• * 1.298

  Ibid.
• * 1.299

  p. 47.
• * 1.300

  p. 50.
• * 1.301

  p. 52.
• * 1.302

  p. 53.
• * 1.303

  p. 54.
• * 1.304

  p. 57.
• * 1.305

  Confess. de Sa∣cram. pag. 64.
• * 1.306

  Extat catalog test. veritat.
• * 1.307

  Tom. 2. p. 798.
• * 1.308

  Albegesij, quorii dogma nemo ad hunc diem notus scriptor reliquit: & cum haereti∣cos eos vocent, genus tamen hae∣reseos praetere∣unt. Naucler. generat. 41.
• * 1.309

  Platin. Inno∣cent. 3.
• * 1.310

  Plutarch Ly∣curgo.
• * 1.311

  Plutarch. ibid.
• * 1.312

  Plut. Agesil.
• * 1.313

  Plutarch. Pub∣licola.
• * 1.314

  Liui. Plutarch. Scip.
• * 1.315

  Ioseph. antiquit. lib. 17. cap. 3.
• * 1.316

  Synod. Rheme cap. 5.
• * 1.317

  Ibid. cap. 6.
• * 1.318

  Naucler. Vol. 2. generat. 39.
• * 2.1

  Naucler. 2. gene∣rat. 39.
• * 2.2

  The Popes singular humi∣litie.
• * 2.3

  The like Oath was exacted of all the Cities of Italy, vnder the Empire, by Henry the fift Emperour.
• * 2.4

  Naucler. 2. gener. 38.
• * 2.5

  Houeden. part poster.
• * 2.6

  Auentin. Ann. lib. 3.
• * 2.7

  Vspergens.
• * 2.8

  Auentin. lib. 5.
• * 2.9

  Onuphr. in Pio 4.
• * 2.10

  M. Gilpin.
• * 2.11

  Pius 2. ad M•…•…∣guntin. capit.
• * 2.12

  Chemnit. exam∣part. 1. cap. 1.
• * 2.13

  Ex A•…•…dradio.
• * 2.14

  De elect. & elect. potest. cap. 4. Sig∣nificasti.
• * 2.15

  Apocrisiarius, id est, responsalis negotiorum Ec∣clesiast corum.
• * 2.16

  Hinc marus E∣pist. 3. Nostrates capcllanum ap∣pellant. Idem ibid.
• * 2.17

  Hoc enim am∣pliu•…•… vt Exiga∣mus, malum nos,, illo permittente compellit.
• * 2.18

  Hoc nimirum malo, ac necessi∣tate compelli∣mur, iuramen∣tum pro fide, pro obedientia, pro vnitate require∣re.
• * 2.19

  Anno 1099.
• * 2.20

  D. 63. cap. 33.
• * 2.21

  Luitprand. lib. 6. cap. 6.
• * 2.22

  Naucler. 2.
• * 2.23

  Generat. 33.
• * 2.24

  Naucl. Gener at 36.
• * 2.25

  Schardius by∣pomn.
• * 2.26

  Naucler. Ge∣ner. 43.
• * 2.27

  Lib. 2. tit. de iuramentis.
• * 2.28

  See the an∣swer to this Canon, cap. 8. by Marsilius and Occham.
• * 2.29

  Sacrar. ceremon lib. •…•…. sect. 5. cap. 2.
• * 2.30

  August. Anco∣nit. lib. de po∣test. Eccles. q. 22. art. 3. & 4.
• * 2.31

  Iohn Hart Epist. to the Reader, and chap. 7. diuis. 7.
• * 2.32

  Hart. chap. 10. diuis. 2
• * 2.33

  Malmsb. l. 3. de gestis reg.
• * 2.34

  Anglor.
• * 2.35

  Naucler. 2. gener 36. & generat. 36.
• * 2.36

  Di•…•…tin. 63. cap. 22. Hadrian•…•…s.
• * 2.37

  Sigebert an. 774
• * 2.38

  Leo. 7.
• * 2.39

  Dist. 63. cap. 23. In Synedo.
• * 2.40

  Dist. 63. cap. 18. & 21.
• * 2.41

  Theodor. de Ni∣em de inuesti∣turis.
• * 2.42

  Epi•…•…t. 4. ad Episc. Franc. cap. 5.
• * 2.43

  Ibid.
• * 2.44

  Defen•…•…or. pac. part. 2. cap. 25.
• * 2.45

  Simplicius was Pope an. 467.
• * 2.46

  Cap. 5.
• * 2.47

  This Otho was Emperour An. 967.
• * 2.48

  Cusan. de Cathol. concordantia. lib. 3. ca. 27.
• * 2.49

  Lib. 4. regist. in∣dict. 13. cap. 7•…•….
• * 2.50

  Concil. Tolet. 12. cap. 6.
• * 2.51

  Baron. Annal. an. 774.
• * 2.52

  Auenti•…•…. lib. 5.
• * 2.53

  Frosard. i•…•… Charlemain. fol. 80.
• * 2.54

  Funct. comm. A•…•… 772.
• * 2.55

  Mutius l. •…•…e Germanorum morib. 7.
• * 2.56

  Sabèl. Ennead. 8. l. 8.
• * 2.57

  VValthram. l. d^e Inuestitur. Episc.
• * 2.58

  Lupold de iure Regni & Imper. ca. 1.
• * 2.59

  Fascicul. tem∣por. an. 7•…•…4.
• * 2.60

  Mars•…•…l. de tran∣flat. Imperij.
• * 2.61

  Rodulph. de Co∣l•…•…mna lib. de translat. Imp. Hartman. She∣dell.
• * 2.62

  Mat. Palmer. an. 776.
• * 2.63

  Ranulph. Poly∣cron. lib. 5. ca. 6.
• * 2.64

  Martini Chro∣nic. an. 779. ex∣tat Ms in biblio∣thec: Mertonēsis Collegij Oxon.
• * 2.65

  Vincent. in Spe∣culo Hist. lib. 23. •…•…a. 168.
• * 2.66

  Naucler. volum. 2. Gener. 23.
• * 2.67

  Naucle. g•…•…er. 38.
• * 2.68

  Naucler. ibid.
• * 2.69

  M. Cook.
• * 2.70

  Gregorius 13.
• * 2.71

  Pr•…•…fat. ad cor∣pus i•…•…ris Canon.
• * 2.72

  Platin. Pascal. 1.
• * 2.73

  Theodoric. de Niem.
• * 2.74

  Theodoricus de Niem stiled Apostolicus scriptor by Cus∣pinian. Fred. 1.
• * 2.75

  The booke is extant in the Library of Queenes Col∣ledge, Oxon.
• * 2.76

  Apoc. 9.
• * 2.77

  Eccles. 10. 8.
• * 2.78

  Anastas. Bib∣lioth. ad An. 772.
• * 2.79

  Palmerius An. 776.
• * 2.80

  Naucler. gener. 23.
• * 2.81

  Answer to the fift part of Re∣ports.
• * 2.82

  Houeden. Hen∣ric. 1.
• * 2.83

  Rog. Houeden. Henric. 2.
• * 2.84

  Houed. Henric. 2.
• * 2.85

  This was Hen∣ry the fift.
• * 2.86

  Answer to the fift part of Re∣ports, pag. 171.
• * 2.87

  The issue of the quest. of Inuestitures.
• * 2.88

  Malmsb. Hen. 1•…•…
• * 2.89

  Theodoret. lib. 1. cap. 20.
• * 2.90

  Sozomen. lib. 1. cap. 16.
• * 2.91

  Synod. sexta. action. 18.
• * 2.92

  Tom. 2. Concil.
• * 2.93

  Concil. Matis•…•…n
• * 2.94

  Palmer. Chron. An. 726.
• * 2.95

  Naucler. ge∣ner. 25.
• * 2.96

  Epistol. Nicolai. ad Michael. im∣peratorem.
• * 2.97

  Rom. 13. 1.
• * 2.98

  1. Pet. 2. 13.
• * 2.99

  Chrysoft. & Oe∣cum. in Epist. ad Rom. 13. 1.
• * 2.100

  Aenaeus Siluius in gestis con•…•…il. Basiliens.
• * 2.101

  In orat. ad sub∣dit. et imperat. irasc.
• * 2.102

  Lib. 3. cap. 8. confess.
• * 2.103

  Leon. Epist. 80. ad Iulian. Coens. Episcop.
• * 2.104

  Lib. 2, indict. 11. cap. 100.
• * 2.105

  Ibidem.
• * 2.106

  Lib. 1. cap. 6. con∣tra Epist. Par∣meniani.
• * 2.107

  In E•…•…angel. Ioh. tractatu. 2.
• * 2.108

  Bel•…•…arm. l. de Clericis. ca. 28.
• * 2.109

  Ibid.
• * 2.110

  Ibid.
• * 2.111

  Apoc. 9. 11.
• * 2.112

  Ibid. cap. 3.
• * 2.113

  Houeden. Hen∣ric. 2.
• * 2.114

  Thomas Becket stood for this priuiledge of holy Church, that although one of the Clergy had committed fe∣lony, murther or treason, yet might not the King put him to death as he did the Lay∣men. Fabian. Part. 7. cap. 237.
• * 2.115

  Bellarm. lib. de Clericis cap. 28.
• * 2.116

  Theodoret. lib. 1. cap. 20.
• * 2.117

  Institut. lib. 4. ca. 11. §. 15.
• * 2.118

  Statut. 25. Ed. 3. de prouisoribus.
• * 2.119

  Bella•…•…m. lib. de clercis. cap. 28
• * 2.120

  Houed. Henry 2.
• * 2.121

  Houed. ibid.
• * 2.122

  Houed. ibid.
• * 2.123

  Houeden Annal∣pag. 292.
• * 2.124

  The issue of exemptions.
• * 2.125

  R•…•…g. Houed. H•…•…nr. 2.
• * 2.126

  Defensor pacis part. 2. cap. 23.
• * 2.127

  Constitutio Iusti∣niani quint. Sy∣nod. act. 1.
• * 2.128

  Memnae Patri∣archae.
• * 2.129

  6. Synod. sub∣scriptio sacrae. ante action. 1.
• * 2.130

  Iohn. 5. 43.
• * 2.131

  Bellarm. lib. 4. cap. 15. de Rom. Pont.
• * 2.132

  Arift. Ethic. lib. 8. cap 10.
• * 2.133

  B•…•…llar. ibid.
• * 2.134

  De Rescriptis. cap. 14. 6. De∣creta. lib. 1.
• * 2.135

  Dist. 100. cap. 2.
• * 2.136

  Dist. 40 Si Papa.
• * 2.137

  Dist. 34. cap. 4.
• * 2.138

  Malmsbury. lib. 1. de geftis P•…•…n∣tif. Angl.
• * 2.139

  Malmsb. ibid.
• * 2.140

  Quod dicis me fidem excedere quod praeuarica∣tis consuetudini∣bus tuis sedem appello Aposto∣licam. &c.
• * 2.141

  Malmsb. ibid.
• * 2.142

  Houed. Henr. 2.
• * 2.143

  Malmsb. l. de gestis Pontif. Ang or.
• * 2.144

  Houeden. Hen. 2.
• * 2.145

  Pro visa autho∣ritate, legendum fortasse, sua au∣thoritate.
• * 2.146

  Balaeus. Cent. 2.
• * 2.147

  Apoc. 9. 1. 11.
• * 2.148

  Apoc. 17, 13.
• * 2.149

  Nau•…•…l. vol. 2. generat. 25.
• * 2.150

  P•…•…at. Gregor. 3. Onuphr.
• * 2.151

  Platin. Greg. 3. Onuphr. annot. ibid.
• * 2.152

  Tertull. lib. 3. contra Marcion. Lib. de resurr. carnis.
• * 2.153

  2. Thess. 2. 7.
• * 2.154

  Hieronim. Ad Algasiam.
• * 2.155

  Ambr. in 2. Thess. 1.
• * 2.156

  August. lib. 20. ca. 19. de Ciuit. Dei.
• * 2.157

  Comm. in 2. Thess 2. sub no∣mine Hierony∣mi.
• * 2.158

  Apoc. 8. 10. & 9. 1.
• * 2.159

  Anno 733.
• * 2.160

  Harman. An. 752.
• * 2.161

  Vsperg. An. 753.
• * 2.162

  Anno 884. Platin. Hadrian 3.
• * 2.163

  Anno 685.
• * 2.164

  Beno.
• * 2.165

  Naucl. gener. 36
• * 2.166

  Auent. l. 5.
• * 2.167

  Vsperg. An. 1080.
• * 2.168

  Naucl. gener. 37
• * 2.169

  Auent. l. 5. Usperg.
• * 2.170

  Naucl. gener. 37
• * 2.171

  Nauc ▪er. gener. 38.
• * 2.172

  Naucler. ibid.
• * 2.173

  Funct. lib. 10. Chron.
• * 2.174

  King VVilliam of Sicily depo∣sed.
• * 2.175

  Naucler. gen. 39.
• * 2.176

  An. 1155.
• * 2.177

  §. 3.
• * 2.178

  Naucler. gene∣rat. 39.
• * 2.179

  Naucle. ibid.
• * 2.180

  Est Romulo suc∣cedere in Parri∣cidijs, non Petro in ouibus pas∣cendis.
• * 2.181

  Onuphr. vita Marcelli. 2.
• * 2.182

  Naucl. gener. 40 reporteth this as done before Fredericke his expedition to the holy land.
• * 2.183

  Psal. 91. 13. Thou shalt walke vpon the Aspe and Serpent, thou shalt tread vn∣der feete the Lion and Dragon. Not to thee, but to Peter. Both to me and to Peter.
• * 2.184

  Naucl. gener. 40. Cuspinian vita Henrici & Phi∣lippi.
• * 2.185

  Abbas Usper∣gens. Philippo. 1.
• * 2.186

  Naucl. gener. 41.
• * 2.187

  Suspectum ha∣bens Rom. Ponti∣ficem, ne quid in eo tumultu occasionis ci•…•…i∣bus prestitisset. Naucler.
• * 2.188

  Multiplices Rom. Pontificis contrase ostensas callidetates exponens, quàm iniustè ab illo insectaretur, de∣clarauit. Naucl. Naucl. gener. 41.
• * 2.189

  Naucl. gener. 〈◊〉〈◊〉.
• * 2.190

  Naucl. gener. 4•…•… Cuspinian. vita Frederici. 2.
• * 2.191

  Cuspinian. Fred. 2.
• * 2.192

  Naucler. gen. 41.
• * 2.193

  Paulus Aemyl. in vita Philippi Longi.
• * 2.194

  Pet. de Uineis l. 2. Ep. 10. & 20. Cuspinian. vit. Fred. 2.
• * 2.195

  Anno 1247.
• * 2.196

  The Earle of Tholous.
• * 2.197

  Simon Montford Ea•…•…le of Lei∣ster, when peace was concluded be∣tweene Henry the third King of England & the Barons, fledde from England to France▪ and put himselfe in the seruice of the French •…•…ing. •…•…ian. Anno 1245.
• * 2.198

  Platin. Innoc•…•…nt. 3.
• * 2.199

  Ann•…•… 1263.
• * 2.200

  Epist. Conradin. apud Naucler•…•… Generat. 43.
• * 2.201

  Quem cum Pontifex transe∣untem vidisset, prophetica voce vsus, adolesce•…•…s dixit, hic tan∣quam victimam ad caedem duci∣tur. Naucler.
• * 2.202

  Plati•…•…. Nichol. 3. Naucl. gener. 43
• * 2.203

  Platin. Mart. 4.
• * 2.204

  Naucler.
• * 2.205

  Mandans regi recognitionem regni facere sedi Apostolicae. Naucler.
• * 2.206

  Naucl. gener. 44.
• * 2.207

  Naucl. gener. 44. Platin. •…•…onif. 8.
• * 2.208

  Naucl. gener. 44. Plat. Bonif. 8.
• * 2.209

  Polychron. l. 7. cap. 39.
• * 4.1

  Fatuitas vestra.
• * 4.2

  Anno 1038.
• * 4.3

  Platin. Clem. 7.
• * 4.4

  Clem. de sent. & re iudic. pasto∣ralis.
• * 4.5

  Anno 1313.
• * 4.6

  Cuspinian, Naucler. Plat.
• * 4.7

  Naucl. gener. 45
• * 4.8

  Naucl. gener. 45. Anno 1338. Paralipom. Usperg.
• * 4.9

  Ora.. in Auxent.
• * 4.10

  Cuspinian. Naucler.
• * 4.11

  Anno 1346. Naucl. gener. 45.
• * 4.12

  Paralipom. Vsperg. An. 1346
• * 4.13

  Cuspinian. vit•…•…. Guntheri.
• * 4.14

  Cuspin. in vit•…•…. Caroli.
• * 4.15

  Vicecomites.
• * 4.16

  Auentin. l. 7. Naucl. gener. 46
• * 4.17

  Nauel. gener. 46 AEnaeas Siluius. hist. B•…•…hem. cap. 33.
• * 4.18

  Ann•…•… 1379.
• * 4.19

  Naucler.
• * 4.20

  Anno 1400. Na•…•…cl. gener. 47.
• * 4.21

  Virgil. AEn. li. 3.
• * 4.22

  Naucler.
• * 4.23

  Platin. Paul. 2.
• * 4.24

  Palmer.
• * 4.25

  Platin. Paul. 2.
• * 4.26

  Nebress. lib. 1. cap. 3.
• * 4.27

  Onuphr. Iul. 2.
• * 4.28

  Qu. 1. art. 1.
• * 4.29

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Iu∣stin. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• * 4.30

  Q. 4. Artic. 2.
• * 4.31

  In ordine ad spi∣rituale bonum. l. 5. c. 6. de Rom. Pont.
• * 4.32

  Examination of M. George Blackwell. Epist to Bellarmine.
• * 4.33

  Part. 2. cap. 4.
• * 4.34

  Part. 2. cap. 5.
• * 4.35

  Rom. 13. 4.
• * 4.36

  Part. 2. cap. 5.
• * 4.37

  Part. 2. cap. 22.
• * 4.38

  Part. 2. cap. 22.
• * 4.39

  Mat. 28. 18▪▪
• * 4.40

  Part. 2. cap. 23.
• * 4.41

  Ibid.
• * 4.42

  Ibid.
• * 4.43

  Cap. 1.
• * 4.44

  Cap. 2.
• * 4.45

  Cap 93.
• * 4.46

  Dist. 96. cap. cum ad verum
• * 4.47

  Cap 93▪
• * 4.48

  Part. 2. cap. 22.
• * 4.49

  Septimo de Sent. &c. lege secund. de Sent.
• * 4.50

  This Narrati∣on is w•…•…ten by Occh•…•…m, & extant in his worke•…•….
• * 4.51

  Literae recitato∣riae gestorum fratris Michae∣lis Cezenae, inter opera Guilielm. Octham.
• * 4.52

  Nauel. •…•…ner. 45
• * 4.53

  Paradox.
• * 4.54

  Part. 2. cap. 2.
• * 4.55

  Quest. 3. cap. 5.
• * 4.56

  Quest. 3. cap. 6.
• * 4.57

  Lib. 3. •…•…ract. 2. cap. 33.
• * 4.58

  Ex regi•…•…tro col∣legij Mertonens.
• * 4.59

  Naucl. gener. 45.
• * 4.60

  VViclif: com∣plaint. pag. 14.
• * 4.61

  Mat. Paris. Hen∣ric. 3. 37. •…•…n. 1253.
• * 4.62

  Mat. Paris.
• * 4.63

  Mat. Paris. ibid.
• * 4.64

  VViclifs com∣plaint. Artic. 2.
• * 4.65

  Lib. de fundam. legum. Angliae ca. 36. pag. 424.
• * 4.66

  De veritat. Scriptur. pa. 196
• * 4.67

  Ibid.
• * 4.68

  Chapt. 7. §. 2•…•…
• * 4.69

  Naucl. gener. 47.
• * 4.70

  Ioh. Gerson lib. de auferibilitate Papae.
• * 4.71

  Sess. 5.
• * 4.72

  Anno 1430.
• * 4.73

  Sess. 38.
• * 4.74

  Sess. 45. decre∣tum quin{que} con∣clusionum.
• * 4.75

  Saluus condu∣ctus Boemorum conc. Basil. sess: 4.
• * 4.76

  Ibid. sess. 17.
• * 4.77

  Sine omni Iuris∣dictione coacti∣ua.
• * 4.78

  Concili. Basil.
• * 4.79

  Sess. 12. decretum citat▪ contra Papam.
• * 4.80

  Ibid.
• * 4.81

  Responsio Syno∣dal. de authorit. concilij generalis super Papam & quoslibet.
• * 4.82

  Epist. Synodal. responsiua ad in∣uectiuam Eu∣genij.
• * 4.83

  Epistola Synodal. ad vniuers. Chri∣sti fidel. de obe∣diendo concil. gener.
• * 4.84

  Lib. 1. de Concil. cap. 7.
• * 4.85

  Gerson de potest▪ Eccles. consid. •…•….
• * 4.86

  Answere to the fift part of Reports.
• * 4.87

  De potest. Eccles. consid. 4.
• * 4.88

  Ibid. consid. 4.
• * 4.89

  Ibid. consid. 8.
• * 4.90

  Ibid. consid. 10.
• * 4.91

  Ibid. consid. 12.
• * 4.92

  Serm. pro viagio reg. Rom. direc. 1
• * 4.93

  Lib. de auferebi∣lit. Pap. consid. 8.
• * 4.94

  Ibid. consid. 15.
• * 4.95

  Written. An. Dom. 1442.
• * 4.96

  Apoc. 18. 4.
• * 4.97

  Lib. 2. cap. 13. de Cathol, Concord.
• * 4.98

  Ibid.
• * 4.99

  Ibid. cap. 17.
• * 4.100

  Ibid.
• * 4.101

  Ibid. lib. 3. cap. 5.
• * 4.102

  Ibid.
• * 4.103

  Ibid cap. 13.
• * 4.104

  Reperio eum semper prese∣disse. cap. 16.
• * 4.105

  Laici non habent vocem Synoda∣lem sed tantum audire debent.
• * 4.106

  lib. 3. cap. 17.
• * 4.107

  Lib. 3. cap. 24.
• * 4.108

  Lib. 1. de gestis •…•…asil. concil.
• * 4.109

  Ibid.
• * 4.110

  Ibid.
• * 4.111

  Ibid.
• * 4.112

  Ibid.
• * 4.113

  Ibid.