A treatyse of the donation or gyfte and endowme[n]t of possessyons, gyuen and graunted vnto Syluester pope of Rhome, by Constantyne emperour of Rome [and] what truth is in the same grau[n] thou mayst se, and rede ye iugement of certayne great lerned men, whose names on the other page of this leafe done appere.

¶ The fy••th prīcipall parte & the last of this worke / •• whiche it is shewed / y^t the pope can nat make any p̄∣scription ••n those thīges which he possesseth: howe so ouer longe tyme he hath had them in his possessyon.

BIcause our aduersaryes are nowe excluded frō defēdyng of the donation of Constātine / in as moche as there was neuer any suche donation made / and though there hadde ben / it shulde nowe haue ben deade / through the condition and state of tymes: they do runne to another kynde of defence / & as you wolde say / forsakyng the cyte: they gette them selues into a castell or fortelage / which forthwith they shall be cō∣pelled to yelde vp: bycause their vytayles shall fayle them.* 1.1 The church of Rome (they saye) hathe made prescription in those thīges: which it possesseth. Why doth than the sayde churche requyre & clayme againe those thynges (which is the greater parte) in whiche it selfe hathe nat made prescription / & in which other men hath prescribed? excepte it be nat laufull for o∣ther men / to do the same thynge to the pope: whiche it is laufull for him / to do to other men. The churche of Rome (you say) hath prescrybed. Why dothe she than gyue so greatly care and dilygence / to haue her ryght & tytle to ofte cōfirmed of the emperours? why doth the sayde church than bost the donation / and the confirmation of the emperours: if this thynge alone (that is to wit / prescription) were suffycient? Thou doest iniury to it: if thou doest nat kepe sylence of the other ryght or tytle also. Why doest thou nat than ke¦pe sylence of the one? Verely / bycause this alone is nat suffyciēt.* 1.2 Thou sayest y^e church of Rome hath p̄∣scribed. How can y^e church of Rōe haue made p̄scrip∣tion: wher ther is none euydēce or certētie of any rizyogh;t title / but onely a false & vniust possession / or els if thou dost deny y^t it is a vniust possession and of yuell faith / forsoth you can nat deny it to haue ben a possession of folisshe faith or credēce. Ought the ignorāce / as they cal it: Facti et iuris to be holden excused ī so gret a ma¦ter: & so open & manyfest / y^e ignorāce of y^e dede / I call

nat to knowe that Constātyne dyd neuer gyue Rome & the prouynces / wherof to be ignoraūte: ••s a poynt•• of an idyate or vnlerned man / & nat of a pope. Ig∣noraunce of the right / * 1.3 I meane / nat to knowe that those thīges coulde neither be gyuen of the one parte: neither b•• receyued of the other parte / wherof to be ignoraunte is a poynt of him that is scarsely a Chri∣sten man. Shall than the folysshe credulyte or lyght¦nes of gyueng credence / cause the to haue right and tytle in those thinges: which / if thou haddest ben wi¦ser / shulde neuer haue ben thyne? What? Shalte thou nat nowe at the least wyse lose that right & tytle (if thou haddest any at al) seing that I haue declared so playnly / that it was longe of ignoraunce & folyssh∣nesse: that thou dyddest possesse them? And that thīg whiche ignoraunce leudly and wrongfully hath gyuē to the: shall nat knowledge well and rightfully take agayn y^e same a way frō the? And shall nat the bonde man or prentyce retourne agayne from the uniust lor∣de / to the right maister? ye•• peraduenture euyn with the frute and profyte whiche thou hast taken / by the occupyeng and vsyng of him? For if thou doest con∣tynue & holde on to possesse them yet styll: now thyne ignoraunce is tourned into malyce & fraude or gyle / and thou arte playnly and vtterly made (as they call it in latyne tonge) Malae fidei possessor / that is to say / a possessor of euyll faith / in as moch as thou kno∣west y^t he had no right to gyue those thynges / which thou possessest: of whom thou dyddest receyue them. you dyd say / that y^e church of Rome hath prescribed.

* 1.4O vnlerned foles / O you ignoraunt persons & vn∣skylled of goddes lawe. No nombre of yeres / be it neuer so great: can abolysshe or wipe away the true and iust tytle. In cause it were so / that I had ben ta∣ken prisoner of the Barbarions / and had ben suppo∣sed verely to haue ben deed / if now after an hundreth yeres in which I had ben prisoner / I dyd retourne agayne in to myne owne countrey: shall I be exclu∣ded therfore from claymyng and makyng tytle to the inherytaunce / which my father hathe lefte me? what

thinge can be more cruell / and more cōtrary to all hu∣manite: than this? And to brynge you some example.

Whan the chyldrē or sōnes of Ammon / dyd requyre and clayme agayne the lande / from the costes or bor¦ders of Arnon euyn vnto Iabue / and vnto the ryuer Iordane: dyd Iepthe the captayne of Israell make answere in this wyse to them. The israelytes haue prescribed now by the space of thre hūdred yeres? or dyd he shewe that the lāde which they claymed: had / neuer ben possessed of them / but of the Amorreanes? and that this was an euydente argument or profe / that the sayde lande dyd nat belonge to the Ammoni¦tes: seyng that within the cōpasse of so many yeres / they had neither claymed nor demaunded it agayne. The churche of Rome hathe prescrybed.* 1.5 Holde thy peace wicked & mischeuouse tonge. Thou doest tran∣slate prescryption / whiche is made onely of doumbe thinges and vnresonable: vnto man / whom by how moch the longer they haue possessed in seruytude and bondage: so moch the more detestable their possessiō is. Byrdes / and wylde beestes / wyll nat that any prescryptyon be made vpon them selues, but how so euer longe tyme they haue ben had in possessyon: yet whan they lyst / and occasyon shall be offred to them: they do go away. and shall it nat be laufull for a man of whom another man hath had the possessyon: lyke wyse to go away from him / as the birde or wylde best dothe? Herken nowe a thyng / wherby the fraude or gyle of popes / rather than the ignoraunce of theym may appere. which done vse to be tryed and iuged by warre and batayle: and nat by right and lawe.* 1.6 And I suppose verily / that the fyrst popes in takyng pos∣sessyon / and entryng vpon the cyte of Rome / and the other townes / dyd in moch lyke maner faciō. A lytel before I was borne (I take recorde of them / whiche were presente and do remēbre it well ynough) Rome toke or receyued the empier rule / and gouernaūce / or rather the tyrāny of the pope / where long afore that tyme / it had ben free: by a straūge kynde of fraude or gyle / suche as hath nat ben herde of herafore. The

pope at the tyme of whom I do speke: was Boniface the nynth / * 1.7 pere & egall to Boniface y^e eyght / in fraude & in name / if it be to that they are to be called Boni∣facii: that is to say good doers: Qui pessime faciūt / that is to saye / whiche are most euyll & shrode doers. And whan the Romayns / after y^t they had perceyued the fraude & gyle / were angry in their myndes / & dis∣contente amōge them selues:* 1.8 Boniface y^e pope / after the maner of Tarquini{us} stroke of all the highest hed∣des of y^e popies or chessebouls with a rodde or wāde so caused he the hedes of them to be stricken of / which were of most might & power. which thyng / whā In∣nocēcius / * 1.9 which succeded wolde haue counterfayted and folowed: he was driuen or chased out of the cyte. I wyll nat speke of other popes / * 1.10 which haue alwaies holden Rome oppressed by vyolence & force of armes. Albeit / as ofte as it myght: it hathe alwayes rebel∣led / as syx yeres ago / whā it coulde nat optayn peace of Eugenius / neither the enemies had peace / whiche dyd besege it: it selfe also beseged y^e pope within his owne house / * 1.11 & wolde nat suffre him to go from thēce afore that either he dyd make peace with y^e enemyes: or els wolde remitte and release the administration & gouernaūce of the Cytie to y^e citizens / But he chose raither to forsake the cytie / disgysyng him selfe in the habite or wede of another man / & hauyng but one to wayte vpon him: than to do pleasure to the citizens / which desired nothynge of him / but suche thynges as were agreable to ryght & equite / which if they were put to free choyse: who doth not know / but that they wolde chose rather lybertie / than thraldome & bonda¦ge. It pleaseth me to deme & iuge the same of other ci∣ties: which be retayned and holden in seruitude of the pope / by whom they ought to haue ben deliuered frō thraldome. It were to longe a thyng to reherce howe many cities y^e people of Rome hath made free: which they dyd wynne & take of their enemyes / * 1.12 in so moch that Titus Flaminius did bydde or wyll all Grecelā¦de which had ben in subiectiō vnder Antiochus: to be free / & to vse their owne lawes. But the pope / as we

may euydētly se) lyeth in wayte all y^e euer he can: to begyle peoples / & to spoyle thē of their lyberty.* 1.13 And therfore they lykewyse agayne of their parte / whan they haue occasyon offred: do rebell (take exāple her∣of euen nowe of Bonony) whiche if at any tyme / of their owne accorde / which thing is possyble ynough to haue chaūced) & with good wyll / they dyd cōsente to the papale empier / by the reason of some great ieo∣perdy y^t was towardes them / & nere at hande from o∣ther outnations & people: it is nat yet so to be vnder∣stāded & taken / that they dyd cōsente to make thēsel∣ues bōdmen / so y^t they myght neuer withdrawe their neckes from vnder the yoke / & so that they also: whi∣che shulde be borne afterwardes: shulde nat be at ly∣berty / neither haue any power ouer their owne selues for this were ouer moch agaynst right & reason. We come to the / O pope / of oure owne free wylles: that thou shuldest gouerne vs. Now agayne of our owne free wylles / we do go frō the & forsake the / that thou shuldest gouerne vs no lenger. If thou thynke that we be any thynge in thy dette: let accompte be made of suche thinges as haue ben gyuen & receyued / both of thy parte & of ours. But thou wylte gouerne vs spite of our tethe / & whether we will or no / as though we were wardes / or chyldren vnder full age. and yet peraduēture we coulde gouerne the more wysely: thā thou cānest gouerne vs. Besydes this / many iniuri∣es and great wronges are done verye oftymes to this cytye: by the and thyne heed officers / we take god to recorde / Iniurye constrayneth vs to rebelle / & to go from the: as it dyd cause the childrē of Israell in olde tyme to rebelle agaynst Roboam.* 1.14 And what so great iniurie / or how great a portion of our calamite was that / I meane to pay to sore or greuouse tributes?* 1.15 For what if thou do euacuate / empouerishe & cōsume the substaunce of our cōmune weale? Thou hast done so / what if thou dost spoyle or robbe churches? Thou hast spoyled thē / what if thou dost defloure virgyns & defyle wyues? Thou hast done it w^tout fayle / what if thou dost embrue the cytie with the blode of y^e cyti∣zens

causīg them to make batayle & warre amōg thē selfe / one with another? Thou hast nat fayled to do so. Ought we to suffre those thīges? or els rather / se∣yng that thou hast ceassed to be a fader to vs: shal we also forget / y^t we be thy sōnes? This people called y^t to them & chose the pope / for to be a father. or (if this do please & delyte y^e more) to be a lorde or gouernour vnto thē / nat to be an enemy & a tyrānouse murtherer of them. And thou wilt nat play y^e father or the lorde & gouernour: but y^e enemy & the tourmētour. We / albe¦it y^t we myght rightfully folowe y^e ensāple of thy cru∣elte & impiete / cōsydering y^e extreme iniuries whiche thou doest to vs: yet y^t natwithstādīg / for as moch as we be christen men / we wyll nat. Neither wyll we be reuēged vpon the with y^e swerde / takīg thy lyfe from the: but onely disposīg the / we wyll chose to vs ano∣ther father or lorde. The sōnes may fle or rōne away from their parētes / of whō they were begottē: if the sayde parētes be euyll & cruell. And shall it nat be lau∣full for vs to fle frō the: which art nat our very & na∣turall father / but onely a father adoptyue & by electiō (for y^e it pleaseth vs to chose & call y^e thervnto) & whi∣che doest intreate vs in the worst & most cruell maner & facyon? And medle thou / & take thou care for the or∣dryng of such thīges / which do belonge to y^e offyce of a preest:* 1.16 & be nat in mīde or wyll / to buylde the a seate in the north. and from thence to thūdre & throw forthe flaming lyghtenīg{is} / vpon this people / & other. But what nedeth me to make any mo wordes in this thīg / which is most open & euydent? I say playnly to abyd by it / nat only y^t Constātine neuer gaue so great thin∣ges / nat onely y^t the pope of Rome coulde nat prescri¦be in y^e same thīges: but also in case that the one had gyuen / & the other had prescribed: yet that nothynge withstāding / I saye / that bothe these right{is} or tytles are lost & destroyed / * 1.17 through y^e abhomynable offēces & crymes of y^e possessours. For as moch as we do se / that y^e calamite / decaye / & ruine / or destruction of al Italy / & of many prouīces: hathe flowen out of this one foūtayne & sprīge alone. If the foūtaine be bitter in it selfe: the riuer or streame / that cometh from it /

must nedes also be bitter / if the roote be vnclene & poi¦soned: y^e braūches must nedes be lykewyse poysoned.* 1.18 So contrary wyse agayn / if y^e ryuer or streme be bit∣ter: y^e foūtayne or sprynge is to be stopped vp / if the braūches be vnclene & vnholsome: the faute cometh frō the roote. Si missa sācta non est delibatio quo{que} abomināda est. May we brīge forth & allege y^e on̄a∣tion of the papale power for right & lawe: which we do se to be y^e cause of so great sines / & of so great mis∣cheuouse euylles / of all kindes & sortes? wherfore I do say / & also do cry out with loude voyce (for I wyl nat feare men: putting my confydēce & truste in god:* 1.19 that there hath ben no pope in my tyme / which in his popedome hath ben either a faythfull or a wyse dispē∣satour / * 1.20 & which also nat only hath nat giuen meate & brede to the household seruaūtes of god: but also hath deuoured thē. The pope both him selfe maketh war∣re vpon people / which are in quietnes & peace / * 1.21 & also soweth debates & stri••fes betwen cities & prices. The pope bothe thristeth or gredily desyreth the ryches or goodes of other men: & suppeth of his own (beyng as Achilles sayd against Agamēnon) a kīge / * 1.22 the deuou∣rer of the peoples substaūce. The pope nat only sel∣leth & getteth lucre & aduātage by y^e cōmune weale / which thīg neither Verres / neither Catilyne / * 1.23 nether any other robber of y^e cōmune weale / wolde haue ben hardy or bolde to do: but also he selleth y^e sacramētes & the offyces of the church. ye / & the holy ghost also / which thīge / y^e Symon y^e inchaūtour doth detestate & defye. And whan he is admonysshed of these thīges & rebuked therfore of certayn good mē: he doth nat de¦ny these thīges / but opēly cōfesseth & knowlegeth thē / ye / & also bosteth & reioyseth therof / sayeng y^t it is lau¦full for hī / by all maner wayes & meanes / to extorte & wrest out y^e patrimony of y^e churche / which was gyuē by Cōstātyne: frō the hādes of thē / which violētly do holde it in theyr possession. As who shulde say / that if that were recouered & gotten agayn: y^• than the chri∣sten religion shulde be blessed and happy / and nat ra∣ther more oppressed & ouerwhelmed with all synnes /

ryotous su{per}••••uitees / & lechery (if it be possyble to be more oppressed: than it is. & that there shall be place lefte for mo mischeuouse sīnes:* 1.24 than are alredy. Ther¦fore / for the recoueryng & wīnyng agayn of the other mēbres & partes of the donaton / the money which he taketh euyll away from good men: he spendeth moch worse / and norissheth & mayntayneth hostes and ar∣mes of horsemen & fotemen / which do noysaunce and hurtes to all men, where as Christ in the meane seasō dyeth in so many thousādes of poore men / for lacke of foode & clothyng. Neither perceyueth he (O pituous case) whā he laboureth to take from the seculars such thynges / as appertayneh to them: that they lykewyse agayne of their parte / either are induced or brought in minde through the most vngratiouse exāple of the pope. or els are constrayned & cōpelled through neces∣syte (albeit it is no true necessyte) to take away from the ecclesyastycall persons / such goodes & possessions as do belonge and appertayne vnto them. So than there is no relygion or holynes / anywhere. No ver∣tuouse lyuyng. No drede of god. and (which thynge also maketh me to sheuer & quake now / to reherce it) all wicked & myscheuouse synners / * 1.25 do take the excu∣sation of all their synnes & vyces from the pope. At him / * 1.26 & in his wayters on: is the ensāple of all sinne and mischef. so that we may say with Esaia & Paule agaynst the pope / & those y^t be next the pope. By you: the name of god is blasphemed among the gentils / you y^t do teache other men: you do not teache your sel¦ues / you y^t do preache & teache opēly / y^t no mā ought to steale / or to be a thefe: your selues are opē robbers you y^t do abhorre / hate / & defye Idoles: do your sel∣ues cōmytte sacrilege / * 1.27 you which do bragge & boste / reioysyng in the lawe / & in the offyce of a bysshoppe: by the trāsgression & brekyng of the lawe / you do dis∣honour god / * 1.28 whiche is the very byshoppe / wherfore if the people of Rome / by the reason of ouer gret plē¦ty of ryches: lost that true Romanite / & very manly∣nesse & valyauntnes / so greatly renoumed and dredde of all nations. If Salomon also through ouer moch

aboundance of ryches / fell in to Idolatrye for the loue of women:* 1.29 do we nat suppose the same thynge to be done & brought to passe in the pope & other cler∣kes? And yet we do afterwardes wene / y^e god wolde suffre Syluester / to receyue the thynge: that shulde be the matter & occasyon of synnīg. I wyll nat suffre this wrong & eniurie to be done to the most good and vertuouse bisshoppe: that he shalbe reported & sayde to haue receyued & taken empiers / kyngdoms / & pro¦uynces: whiche thynges euen they also are wonte to renounce: which desyer / & are in wyll to be made cler¦kes. Syluester had but a fewe thinges in possessyon / * 1.30 & y^e other popes were but small possessioners: whose visage & syght was had in gret worshippe & reuerēce euen of the enemyes / as for exāple the aspecte of that pope Leo / which dyd put in feare / ye / & ouercome the cruell & ferce mynde of the barbarouse kinge:* 1.31 whom the puysaunce & power of the Romayns / neither was able to breake and ouercome: neither yet to make a¦frayde. But the popes of late tyme / that is to wytte / flowing in riches & pleasurs: seme to labour & enforce thē selues hervnto only / that as moch as y^e olde popes were wyse & holy: so moche their selues may be both wicked and folysshe / * 1.32 and that with all shamefull vy∣ces: they may passe and ouercome the exellent and commendable vertues of them / what Christen man is he: that can suffre these thynges with a pacient & a quiete mynde? But I in this my fyrste oration / wyl nat exhorte & cal vpon princes and peoples / that they shulde stoppe and inhibite the pope / whiche conneth at large with an vnbridled & vnruly course / and that they shulde compelle him / to reste & to abyde within his owne boundes or meares: but onely / that they do admonisshe him / for paraduenture now that he shall ones haue knowlege of the trouth: he shal of his own free will gete hīselfe forth frō another mānes house in to his owne house / & from the outragiouse waues or belawes / & cruell tēpestes or stormes: īto y^e porte or ha¦uē. But if he wyl refuse so to do: thā shal we buckle & prepayre our selues / to y^e makyng of another oration

moch more ferce & cruell than this.* 1.33 Wolde god that I myghte ones (for there is no thynge / that I do more longe for) se it brought to passe / & that namely by my coūsayle: that the pope were only the vicare of Christ and nat also the vicare of the emperour / and that this horryble sayeng may be no more herde. The church fyghteth & warreth agaynst y^e perusians. The chur¦che fyghteth against the people of Bonony. It is nat the churche that fyghteth or warreth agaynst Christē men:* 1.34 but it is the pope / that so doth. The church figh¦teth agaynst wycked spirites in the regiōs of the ayre Than shall the pope both be called: & also be in very dede / an holy father / the father of all men / the father of the churche / neither shall he than raise or styrre vp warres & batayles among Christen men: but he shall alay & ceasse the warres / which haue bē stirred vp by other: by his apostolike censure & papall maiestie.

¶ Thus endeth the declamation of Laurence Valla: agaynste the forged priuilege / called the donation of Constantyne.

Notes

• * 1.1

  Prescription is / whan any mā hath had possession of house or lan∣des so longe tyme as any man alyue cā remembre as by the space of an. c. yeres or more:
• * 1.2

  Malae fi∣dei posses¦sio.

  Stulfae fi¦dei posses¦sio.

  Ignoran¦tia facti.
• * 1.3

  Ignoran¦tia Iuris
• * 1.4

  Nota.
• * 1.5

  Prescription is made only of dumbe & vnresonable thynges.
• * 1.6

  Popes wyll trye their ry∣ght by warre & nat by the lawe.
• * 1.7

  The fraude & crafte of pope Boniface the ix. nat inferi¦our in wicked¦nes to Boni∣face the viii.
• * 1.8

  Tarquin
• * 1.9

  A propre & se∣mely acte for a pope to do.
• * 1.10

  Innocentius the vii. was driuen out of Rome.
• * 1.11

  Eugenius the iiii. of that na¦me was fame ••o di••gyse hī selfe in a mon¦kes coule / & so to saue the water of Ty¦bi•• / the Ro∣mayns sho∣••••••g & ••••••o∣wyng stones after him.
• * 1.12

  Titus fla¦minius.
• * 1.13

  The pope stu¦dieth as mo∣che as he can to brynge all men into bōn¦dage & thral∣dome.
• * 1.14

  3. Regū. 2
• * 1.15

  The Roma is haue farre gretter cause / to rebelle a∣gaynst the po¦pe: than the Israelytes had agaynste Roboam.
• * 1.16

  Esaie 14.
• * 1.17

  The fountai¦ne•• and origi¦nall cause of the ruine and decaye of Ita¦lye.
• * 1.18

  Iacobi .3.
• * 1.19

  Psal. 117
• * 1.20

  Mat. 24 Lucae. 12.
• * 1.21

  The pope so∣weth the sede of discorde & debate.
• * 1.22

  Are nat these very apo••to•••• call vertues.
• * 1.23

  The pope sel¦leth all thyn∣ges / the comu¦ne weale / the sacramentes / the ecclesiasti¦call offyces / yee / & the ho∣ly ghoste to / for money.
• * 1.24

  The goodes / which the po∣pe getteth sin¦fully / and vn¦gratiously: he spendeth mo∣re vngratiou¦sly & wickedly
• * 1.25

  Esaie. 36.
• * 1.26

  At the pope & his folowers / do all abomi¦nable sinners fetche the en¦sample / & also the excusatiō of their wret¦ched & nough¦ty lyfe.
• * 1.27

  Roma. 2.
• * 1.28

  Ouer moche welth & aboū¦daunce of ry∣ches destroied the valiaunt¦nes of the Ro¦mayns.
• * 1.29

  3. Regū. 11
• * 1.30

  Siluester and the other ho∣ly popes we∣re but small possessioners.
• * 1.31

  Pope Leo the .9.
• * 1.32

  Our popes of late tyme / ••••¦dy to be as ••er¦re excellent in wickednes & folye: as the old popes we¦re excellent 〈◊〉〈◊〉 vertue, wy••∣dome.
• * 1.33

  O the chari∣table and god¦lye wisshe of Valla.
• * 1.34

  Ephes. 6.