OF
THE
IVRISDICTION
OF
PRINCES
,
IN
Causes
and
ouer
Persons
Ecclesiasticall
.
CHAP.
I.
The
state
of
the
Question
.
THe
lawfull
authoritie
and
Iurisdiction
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
deuises
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
authoritie
Ecclesiasticall
and
Ciuill
into
great
confusion
;
by
vsurping
the
right
both
of
the
Church
and
of
States
.
Now
our
desire
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
flatter
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
others
;
some
adde
also
Temporall
:
of
Spirituall
Iurisdiction
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
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
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
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
maintaine
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
Canonists
,
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
direct
power
,
hold
that
the
Pope
hath
the
same
power
but
indirectly
,
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
Fatherhood
in
spirituall
matters
,
in
case
lie
would
not
prooue
incorrigible
,
but
vtterly
denie
this
power
ouer
princes
,
both
direct
and
indirect
:
of
this
opinion
was
Guil.
Occham
,
Ma'
silius
Patauinus
and
other
learned
men
of
the
Church
of
Rome
.
And
of
late
Guil.
Berclaius
a
French
Lawyer
,
hath
with
great
learning
refuted
both
the
former
opinions
,
of
the
Popes
power
direct
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
opinion
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
supreame
authoritie
in
all
causes
and
ouer
all
persons
Ecclesiasticall
aswell
as
Ciuill
.
This
is
that
which
hath
bene
published
by
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
,
concerning
the
exemption
of
Ecclesiasticall
persons
from
temporall
audience
and
iudicature
.
For
the
better
vnderstanding
hereof
,
we
may
proceede
by
some
distinctions
:
for
when
our
aduersaries
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
differ
:
yet
in
truth
there
is
great
difference
betweene
their
meaning
and
ours
.
For
they
calling
the
Pope
the
head
,
to
distinguish
him
from
Christ
,
whom
the
Apostle
calleth
the
head
of
7.
For
better
proceeding
,
let
the
distinction
be
remembred
,
which
is
vsually
receiued
of
Ecclesiasticall
power
:
for
all
power
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
immediatly
from
Christ
,
giuen
to
all
Bishops
and
Priests
alike
by
their
consecration
:
wherein
the
Pope
hath
no
priuiledge
aboue
other
.
Thus
teach
Bonauentu●…e
in
4.
sent.
d.
17.
q
1.
August
Triumphus
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.
Cardinal
.
Contarenus
tract
.
de
eccles.
potest
.
pontificis
Bellarm.
lib.
4.
de
Rom.
Pont.
cap.
22.
This
then
being
the
common
confession
of
all
,
that
the
Pope
hath
no
more
power
herein
,
then
any
other
Bishop
or
Pastor
,
we
moue
no
contradiction
in
this
.
As
they
confesse
that
in
this
power
the
Pope
hath
no
praeeminence
,
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
Augustinus
Triumphus
doth
deliuer
it
thus
.
[
The
power
of
Iurisdiction
is
Temporall
or
Spirituall
;
and
this
power
considered
in
generall
is
threefold
;
immediate
,
deriued
,
or
giuen
to
execute
some
seruice
:
the
power
of
Iurisdiction
immediate
of
all
things
Spirituall
and
Temporall
,
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
princes
:
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
.
Bellarmine
loath
to
leaue
the
opinion
,
and
ashamed
so
grossely
to
propose
it
,
deuiseth
a
mollification
of
it
thus
.
Asserimus
Ponti●…icem
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
himselfe
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
internall
Iurisdiction
,
thirdly
of
externall
Iurisdiction
:
the
first
is
referred
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
confesseth
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
of
Iurisdiction
coactiue
in
externall
courts
:
binding
and
compelling
by
force
of
law
,
and
other
externall
mulcts
and
punishments
,
beside
excommunication
:
as
for
Spirituall
Iurisdiction
of
the
Church
,
standing
in
examinations
of
controuersies
of
faith
,
iudging
of
heresies
,
deposing
of
heretickes
;
excommunication
of
notorious
and
stubborne
offenders
,
ordination
of
Priests
and
Deacons
,
institution
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
excommunication
.
But
when
the
matters
handled
in
the
Ecclesiasticall
consistorie
,
are
not
matters
of
faith
and
religion
,
but
of
a
ciuill
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
carnall
,
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
Romanists
.
Iohn
Gerson
saith
,
Potestas
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
belongeth
to
Christian
Princes
.
Concerning
the
power
of
orders
,
and
institutions
,
of
excommunication
and
deposition
,
and
of
internall
Iurisdiction
in
the
court
of
Conscience
,
&
in
administration
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
duties
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
incroached
,
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
examples
of
Kings
,
that
gouerned
a
people
where
the
Church
of
God
was
planted
:
there
is
onely
mention
of
Melchisedecke
King
of
Salem
,
of
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
wherby
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
gouernment
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
gouernment
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
open
a
wide
gappe
to
rebellions
,
haue
written
that
the
power
of
gouernment
by
the
law
of
nature
is
in
the
multitude
:
but
euery
man
of
reason
carrieth
thus
much
light
and
vnderstanding
about
him
,
as
to
iudge
of
this
thing
without
errour
.
Because
no
man
can
conceiue
in
the
first
beginning
any
other
gouernment
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
diuers
;
when
many
families
were
gathered
together
,
the
first
gouernment
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
father
of
the
family
was
in
his
famiile
.
And
what
is
a
King
by
nature
,
but
the
father
of
a
great
family
?
and
what
is
the
father
of
a
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
performe
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
3.
Another
reason
may
be
drawen
from
this
blessing
which
Noah
gaue
to
Sem
,
[
blessed
be
the
Lord
God
of
Sem
,
and
let
Cultus
diuinus
ante
legem
datam
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
holy
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
ancient
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
authoritie
that
instituted
this
thing
,
hath
also
altered
it
.
But
it
may
be
replied
,
that
the
positiue
law
of
God
which
hath
altered
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
ceremoniall
:
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
kingdome
:
so
I
suppose
this
thing
cannot
be
done
without
not
only
a
lawfull
,
but
also
an
ordinarie
calling
from
God
,
and
from
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
thereto
a
lawfull
calling
,
both
by
locall
and
doctrinall
succession
:
which
doctrinall
succession
Irenaeus
calleth
successionem
principalem
:
Tertullian
,
doctrinae
cōsanguinitatē
cum
Apostolica
Ecclesia
:
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
Ecclesiasticall
both
of
orders
and
Iurisdiction
:
and
therefore
these
things
are
not
incompatible
by
nature
.
All
this
time
which
lasted
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
vndertaken
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
belonging
to
Kings
vnder
the
Law
.
NOw
let
vs
search
what
Iurisdiction
in
matters
Ecclesiasticall
was
found
due
,
and
acknowledged
to
belong
to
the
Kings
right
all
that
time
vnder
the
Law
.
Then
we
find
by
an
especiall
commaundement
of
God
:
these
two
offices
of
King
and
Priest
were
distinguished
,
and
set
in
two
seuerall
persons
:
the
one
in
Moses
,
the
other
in
Aaron
.
And
the
tribe
of
Leui
was
taken
to
the
seruice
of
God
,
2.
First
we
find
that
Moses
,
who
had
the
place
of
a
King
in
gouernement
,
as
he
is
also
called
a
King
;
doth
consecrate
Aaron
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
originally
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
interpreters
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
whereunto
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
consider
the
fountaine
of
that
practise
,
which
was
from
Gods
Law
:
wherein
we
see
all
Lawes
confirmed
and
established
by
the
authoritie
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
vpon
Princes
without
their
consent
:
but
in
all
these
Lawes
of
Moses
,
(
wherein
is
a
perfect
patterne
for
all
law-makers
)
they
cannot
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
purpose
:
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
Scripture
,
determine
controuersies
of
faith
,
but
cannot
establish
a
Law
:
the
reason
is
,
because
for
the
establishing
of
Lawes
,
coactiue
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
Princes
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
doubtfull
.
This
might
moderate
the
humours
of
some
,
who
in
loue
to
innouation
would
leaue
no
place
of
iudicature
to
Ecclesiasticall
persons
:
for
these
things
are
insert
into
Moses
lawe
,
taken
from
the
law
of
Nature
,
and
not
as
things
Ceremoniall
:
which
thing
is
apparant
from
the
end
,
vse
,
and
necessitie
thereof
:
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
necessity
.
This
then
being
perpetuall
and
necessary
(
matters
of
question
,
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
assigned
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
iugdeing
,
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
perpetuall
vse
.
6.
Thirdly
we
consider
that
the
lawes
Ecclesiastical
are
established
by
the
authoritie
of
the
Ciuill
Magistrate
,
but
for
interpretation
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
authoritie
the
law
is
established
,
and
without
whose
authoritie
it
is
not
.
The
execution
of
this
authoritie
is
in
them
that
are
appointed
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
coactiue
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
Reports
of
the
Lord
Cooke
.
For
all
that
hee
writeth
there
,
resting
vpon
no
other
ground
,
then
vpon
the
confounding
of
Spirituall
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
difference
in
Iurisdiction
:
because
this
is
most
certaine
,
that
all
that
Iurisdiction
wherin
coactiue
power
is
vsed
,
is
from
the
Ciuill
Magistrate
.
Then
if
these
two
gouernments
,
I
meane
Ecclesiasticall
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
according
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
appeale
to
the
Temporall
Magistrate
,
of
this
some
Romish
Doctors
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
8.
But
this
is
a
fond
assertion
,
not
only
without
reason
,
but
against
the
expresse
words
of
the
Scripture
:
for
it
is
said
,
according
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
,
deriued
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
,
vnlesse
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
appellation
,
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
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
Doctrines
.
We
aunswere
,
Saint
Paul
had
no
meaning
to
make
C●…sar
iudge
of
any
point
of
faith
.
But
whereas
hee
was
persecuted
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
Princes
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
discipline
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
Iurisdiction
coactiue
resteth
in
the
Prince
by
a
right
which
God
hath
giuen
,
and
therefore
may
not
be
taken
away
by
man
.
It
followeth
to
consider
,
how
this
right
hath
beene
accordingly
exercised
by
the
godly
Kings
of
Israel
.
Ios●…
commanded
the
people
Moreouer
in
Ierusalem
did
Iehosaphat
set
of
the
Leuites
and
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
placed
,
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
13.
The
truth
is
,
if
the
King
haue
not
lawfull
authority
to
punish
,
he
hath
not
lawfull
authoritie
to
command
,
and
punish
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
appeare
in
his
due
place
)
taketh
from
the
king
power
to
iudge
persons
Ecclesiastical
,
therefore
,
they
rob
him
of
power
to
punish
,
and
to
commaund
;
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
command
,
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
otherwise
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
concerning
lawes
,
precepts
,
●…tutes
,
iudgements
,
that
is
ordinances
,
ceremoniall
or
morall
:
In
these
things
stood
the
Ecclesiasticall
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
either
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
orderly
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
15.
Now
this
Iurisdiction
which
is
in
coactiue
power
wee
prooue
to
be
in
the
King
,
and
onely
in
the
King
.
(
I
speake
according
to
the
forme
of
the
state
of
Israel
in
those
dayes
wherof
we
now
speake
,
aunswerable
to
which
is
the
Soueraigne
magistrate
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
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
Iurisdiction
in
these
matters
of
orders
,
Preaching
,
Sacraments
,
&c.
For
aunswere
,
let
me
intreat
the
reader
with
attention
to
consider
these
three
things
:
First
to
commaund
,
secondly
to
execute
;
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
therof
,
his
Iurisdiction
should
not
appeare
,
howsoeuer
his
wisedome
,
knowledge
,
and
actiue
vertues
might
appeare
therein
:
for
Iurisdiction
is
in
the
authoritie
of
commaunding
,
and
power
of
punishing
,
and
supereminence
that
riseth
from
both
.
And
therefore
in
the
preaching
of
the
Word
,
administration
of
Sacraments
,
the
King
hath
no
part
;
because
therein
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
transgression
by
corporall
punishments
;
this
because
it
includeth
coactiue
power
,
is
in
the
Soueraigne
Magistrate
onely
.
If
the
Magistrate
should
either
neglect
his
dutie
,
as
the
heathen
did
;
or
commaund
false
doctrines
to
be
preached
,
as
the
Arian
Emperours
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
18.
A
third
reason
to
prooue
this
authoritie
to
bee
in
the
Ciuill
Magistrate
,
is
as
I
teached
before
,
confirmed
by
the
right
Ioh.
Chrysosto●…
saith
,
Regi
corp●…ra
commissa
sunt
,
sacerdoti
anim●…
,
re●…
maculas
corporum
remittit
,
sacerdos
maculas
peccatorum
:
ill●…
cogit
,
hic
exh●…rtatur
:
ille
habet
arma
sensibilia
,
hic
arma
spiritualia
.
H●…m
.
4.
de
verb.
Esa.
vidi
dom.
Then
the
true
difference
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
speaking
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
betweene
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
potestat●…
,
s●…cundum
〈◊〉
iudicis
,
pertieet
ad
iusticiam
commutatiuam
.
2.
2.
qu.
8.
art
1.
Therefore
vindicatiue
power
or
coaction
belonges
not
to
the
Church
,
but
the
Magistrate
that
exerciseth
co●…utatiue
iustice
.
19.
In
regard
of
which
high
power
Princes
are
called
Gods
.
I
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
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
discourse
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
Monarchie
:
Let
vs
in
a
few
wordes
refute
this
fancy
.
Franciscus
Bozius
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
properly
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
Cohanim
(
which
word
is
there
vsed
)
signifieth
both
Priests
and
Ciuill
22
Another
reason
may
be
drawn
from
those
places
,
which
declare
that
Iosua
was
appointed
by
God
to
succeede
Moses
,
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
execution
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
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
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
:
wherein
is
declared
the
Iurisdiction
of
the
Church
,
and
of
Bishops
,
that
the
power
of
excommunication
proceeded
not
to
Coaction
.
NOw
let
vs
make
search
in
the
Church
of
Christians
,
wherein
we
will
consider
first
the
state
of
the
Church
,
after
it
was
called
by
Christ
and
his
Apostles
,
and
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
remouing
the
ancient
bounds
of
the
Ordinances
which
God
had
set
of
old
,
then
it
was
not
to
bee
marueiled
,
that
such
iudgements
followed
of
blindnesse
and
ignorance
among
the
people
,
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
,
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
,
before
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
expositions
of
Scriptures
.
Iohn
Gerson
saith
,
that
these
texts
thus
by
the
Popes
flatterers
applied
to
prooue
his
Iurisdiction
,
are
Aenaeas
Siluius
,
hath
with
great
life
and
learning
ouerthrowen
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
.
Concerning
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
,
iudicature
,
spirituall
censures
,
excommunication
:
deposing
and
dispatching
of
the
disobedient
,
so
farre
as
the
Church
could
proceede
without
coactiue
power
.
For
by
this
spirituall
power
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
hundred
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
spirit
,
tooke
vpon
them
power
aboue
the
Ciuill
Magistrate
,
practising
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
partly
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
gouernment
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
6.
The
Apostles
had
also
in
themselues
,
and
left
to
their
successours
,
power
and
Iurisdiction
to
command
those
Pastors
7.
Another
part
of
this
Iurisdiction
,
and
depending
vpon
the
last
,
was
that
which
the
Apostle
leaueth
in
commission
to
8.
Thus
farre
was
Iurisdiction
practised
ouer
ministers
,
the
things
which
follow
touched
the
whole
Church
.
Another
9.
Further
concerning
the
extension
of
this
Iurisdiction
,
it
cannot
be
denied
but
that
there
is
a
power
in
the
Church
,
not
only
internall
,
but
also
of
externall
Iurisdiction
:
of
internall
power
there
is
no
question
made
.
Externall
Iurisdiction
being
vnderstood
all
that
is
practised
in
externall
Courts
or
consistories
,
is
either
definitiue
,
or
mulctatiue
.
Authority
definitiue
in
matters
of
faith
and
religion
,
belongeth
to
the
Church
.
Mulctatiue
power
may
be
vnderstood
,
either
as
it
is
referred
to
spirituall
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
Magistrate
,
and
since
.
But
coactiue
Iurisdiction
was
neuer
practised
by
the
Church
,
when
the
Church
was
without
Christian
Magistrates
:
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
Saphira
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
Quibus
etiam
ipsas
Ecclesias
committebant
.
And
againe
in
the
same
place
:
Quos
&
successo
es
reliquerunt
,
suum
ipsorum
locum
magisterij
tradentes
.
Cyprian
saith
,
Potestas
peccatorum
remittendorum
Apostolis
data
est
,
&
Ecclesiis
,
quas
illi
à
Christo
missi
constuuerunt
▪
et
episcopis
qui
eis
ordinatio●…e
〈◊〉
successerunt
.
The
same
hee
hath
also
Epist.
69.
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
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
the
Court
,
where
the
Emperour
was
to
sit
as
Iudge
.
There
appeared
in
him
courage
,
godlinesse
,
and
exact
obedience
,
all
truly
tempered
.
He
denieth
the
Emperour
to
be
a
sufficient
Iudge
in
a
cause
of
faith
and
religion
.
In
causafidei
,
in
causa
inquam
fidei
.
For
this
hee
repeateth
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
denieth
that
there
is
any
power
in
him
,
or
in
the
Church
to
resist
by
force
.
The
faith
and
right
of
the
Church
,
was
not
,
in
his
iudgement
,
to
be
maintained
by
force
and
armes
,
but
by
prayers
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
tributum
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
Hillarie
Iohn
Chrysostome
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
gouernment
we
giue
not
to
him
:
this
is
that
gouernment
which
is
reserued
to
Bishops
,
as
the
Apostles
successours
.
After
which
example
Gregorie
the
first
writeth
thus
,
Serenissimi
domini
animum
12.
Besides
this
Spirituall
gouernment
which
is
peculiar
to
Bishops
,
there
is
also
another
part
of
gouernment
giuen
to
Bishops
;
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
,
infinita
In
all
these
parts
of
Episcopal
Iurisdiction
,
which
either
by
Apostolicall
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
equalitie
Episcopatus
vnus
est
cuius
à
singulis
pars
in
solidum
tenetur
.
And
Hierom
saith
,
Vbicunque
fuerit
13.
As
thus
he
hath
drawen
their
auncient
right
from
Bishops
:
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
giuen
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
excommunication
,
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
,
●…
,
&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
coactiue
power
:
therefore
this
coactiue
power
which
the
Pope
vseth
by
Temporall
force
in
deposing
of
Kings
,
was
not
by
Christ
graunted
to
his
Church
,
And
if
we
should
yeeld
Temporall
coaction
to
the
Church
,
what
power
is
left
to
the
Magistrate
?
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
15.
This
is
further
declared
in
the
same
place
,
by
the
words
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
Ego
quidem
iussioni
tuae
subiectus
(
saith
he
to
the
Emperour
Maurice
)
eandem
legem
per
diuersas
terrarum
partes
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
;
excommunication
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
excommunication
,
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
obserued
by
the
learned
Iewes
,
namely
by
Elias
Leuita
,
who
obserueth
out
of
the
writings
of
the
auncient
Rabbines
,
three
diuers
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
,
during
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
spirituall
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
Irenaeus
(
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
fountaine
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
Iurisdiction
,
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
Easter
:
but
was
quieted
by
Polycarp
;
who
for
the
peace
of
the
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
Bishop
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
Iurisdiction
:
onely
the
Bishops
of
other
Churches
did
honour
the
Bishop
of
Rome
,
following
the
Apostles
rule
[
In
giuing
honor
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
.
Pater
officium
quod
incomparabiliter
eminenti
Apostolatuituo
sine
fine
debetur
,
&c.
The
same
title
he
giueth
also
to
Fontellus
,
another
Bishop
in
France
,
declaring
that
therein
he
greatly
reioyced
:
Quod
Apostolatus
vestri
patrocinium
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
Storie
,
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
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
appeareth
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
power
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
matters
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
heathen
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
recorded
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
,
referred
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
Emperours
would
not
be
drawen
to
doe
them
iustice
.
25.
About
this
time
,
Stephanus
Bishop
of
Rome
threatned
26.
Thus
albeit
the
Bishops
of
Rome
did
seeke
some
inlarging
of
their
authoritie
,
sometimes
by
giuing
countenance
and
patronage
to
criminous
and
scandalous
men
,
yet
they
were
repressed
and
brought
into
order
by
the
godly
and
learned
Bishops
,
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
other
,
partly
for
their
wisedome
,
learning
and
godlinesse
;
partly
because
the
Emperours
fauoured
them
aboue
other
:
and
because
they
were
Bishops
of
the
chiefe
citie
and
seat
of
the
Empire
.
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
coactiue
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
coactiue
,
without
any
let
,
or
contradiction
,
nay
by
the
generall
approbation
of
all
that
then
liued
.
When
Caecilianus
Bishop
of
Carthage
was
accused
by
Donatus
and
some
other
of
that
faction
,
for
deliuering
the
holy
Scriptures
to
the
enemies
of
Religion
to
be
burned
:
Constantine
commaunded
Caecilianus
to
come
to
Rome
,
with
a
certaine
number
of
Bishops
which
accused
3.
Likewise
after
he
had
banished
Eusebius
Bishop
of
Nicomedia
,
and
Theognis
Bishop
of
Nice
,
he
wrote
an
Epistle
to
the
people
of
Nicomedia
,
declaring
the
iust
causes
of
their
banishment
,
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
inconsulteque
ad
memoriam
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
reuerenced
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
Emperour
5.
There
was
no
Councell
held
in
Constantines
time
,
whether
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
sacer
Hierom
,
Ruffinus
,
Platina
,
6.
This
mixt
Iurisdiction
which
now
is
practised
by
Bishops
,
7
By
which
it
appeareth
,
that
these
courts
with
this
Iurisdiction
were
vnderstood
then
,
no
other
then
the
Emperours
courts
.
The
Emperour
graunteth
this
Iurisdiction
,
saith
Nicephorus
,
the
Emperour
ratifieth
these
iudgements
,
saith
Sozomen
,
the
Emperour
commaundeth
that
the
sentence
of
the
Bishop
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
aduersaries
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
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
compounding
&
confounding
those
things
8
Then
all
coactiue
Iurisdiction
came
into
the
Church
from
the
authority
of
Princes
;
for
as
the
power
of
the
Church
is
internall
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
vtro
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
Synod
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
counsell
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
Epist.
23.
ad
Theodosium
.
Againe
,
hee
writeth
to
Pulcheria
,
to
10
Which
thing
we
obserue
,
the
rather
because
our
aduersaries
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
.
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
Ecclesiasticall
Courts
,
they
are
acknowledged
the
nourcing
Fathers
of
Religion
,
the
keepers
and
preseruers
of
both
Tables
,
and
of
the
discipline
of
the
Church
.
And
therefore
Leo
writing
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
practise
of
Iurisdiction
,
which
now
he
claimeth
?
Let
vs
here
consider
one
Pageant
of
theirs
,
which
will
declare
the
first
claime
and
beginning
of
Iurisdiction
,
which
they
haue
so
much
increased
since
.
The
first
attempt
was
to
winne
Iurisdiction
ouer
Bishops
,
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
shamelesse
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
preuailed
.
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
Prosper
,
Orosius
,
and
diuers
other
of
great
vertue
and
learning
.
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
Iurisdiction
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
,
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
Prosident
Placuit
autem
vt
si
Episcopus
accusatus
fuerit
,
&
iudicauerint
congregati
Episcopi
regionis
ipsius
,
&
de
gradu
suo
deiecerint
eum
,
&
appellasse
Episcopus
videatur
,
&
confugerit
ad
beatissimum
Ecclesiae
Romanae
Episcopum
,
&
valuerit
audiri
&
iustum
putauerit
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
Nicen
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
wherof
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
ingenuous
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
Iurisdiction
,
and
are
now
commonly
drawen
to
the
same
purpose
:
but
when
Zozimus
,
Bonifac●…
,
and
Caelestinus
began
first
to
contend
for
Iurisdiction
,
they
claimed
it
not
from
Scriptures
:
this
deuise
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
Fathers
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
Nicen
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
presented
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
resolute
peruersitie
maintaineth
the
falshood
begun
by
his
Predecessour
.
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
Bishop
of
Rome
in
a
flagrant
crime
,
decreed
that
the
true
Canons
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
predecessours
,
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
excommunicated
againe
.
To
recouer
this
disgrace
,
he
flieth
to
his
onely
refuge
the
Bishop
of
Rome
then
Caelestinus
,
who
receiueth
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
comming
with
this
Commission
,
require
of
the
Councell
that
Apiarius
may
be
admitted
to
their
Communion
,
and
that
they
would
be
content
to
submit
themselues
to
the
Romane
Iurisdiction
.
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
forgery
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
violatours
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
,
warrantable
,
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
resolued
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
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
Item
placuit
vt
presby
teri
,
Diaconi
,
vel
caeteri
inferiores
Clerici
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
Affrica
,
20
Thus
did
these
worthy
Fathers
dispell
this
smoke
for
that
time
,
and
reiect
the
yoake
of
the
Popes
Iurisdiction
.
In
all
this
businesse
S.
Augustine
had
an
especiall
hand
and
head
.
And
as
long
as
he
liued
,
the
Popes
could
neuer
preuaile
.
But
the
Bishops
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
Carthaginensis
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
man
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
Romane
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
Fathers
,
with
them
we
suffer
,
with
them
we
are
reuiled
,
and
condemned
.
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
afterward
by
falshood
,
and
tyrannie
effected
.
22
Other
Churches
were
afterward
in
time
drawne
to
the
obedience
of
this
Iurisdiction
.
The
Churches
of
Rauenna
,
Aquileia
,
and
Millane
,
were
long
after
this
brought
vnder
the
same
yoake
by
Pope
Stephen
the
third
,
saith
Sabellicus
.
But
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
Emperours
Iurisdiction
and
lands
,
and
how
some
Emperours
recouer
Iurisdiction
againe
.
NOw
we
enter
into
those
fatall
times
of
our
captiuity
:
For
wee
confesse
that
our
Fathers
were
by
a
iust
iudgement
of
God
brought
into
a
captiuity
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
Israel
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
deliuerance
from
this
captiuity
.
But
this
belongeth
to
another
question
.
2
After
these
times
the
Iurisdiction
of
Princes
and
of
the
Church
,
was
oppressed
by
the
Pope
.
But
before
they
came
into
that
great
oppression
and
captiuity
,
it
pleased
God
,
for
better
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
courage
,
that
it
remaineth
an
euerlasting
testimonie
against
this
Iurisdiction
,
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
against
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
controuersie
,
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
compareth
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
vniuersall
Bishop
,
from
which
title
he
would
draw
a
Iurisdiction
ouer
all
Bishops
,
Gregory
herein
is
peremptory
,
that
whosoeuer
taketh
that
title
,
robbeth
Christ
of
his
place
and
glory
.
For
,
saith
he
:
Sub
vno
capite
omnes
membra
sunt
Ecclesiae
,
sancti
ante
legem
,
caput
ministeriale
,
was
then
vnknowne
.
The
reason
of
Gregory
is
well
to
be
obserued
:
because
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
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
Gregorie
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
Sacerdotum
,
Sacerdotum
ei
praeparatur
exercitus
.
4.
Now
seeing
that
from
these
names
of
pride
,
they
would
proue
the
Popes
Iurisdiction
:
We
answer
,
this
proofe
is
founded
vpon
a
rotten
and
ruinous
ground-worke
,
seeing
their
auncient
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
other
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
Gregor●…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
Gregory
his
words
the
Pope
should
not
be
Antichrist
,
but
onely
praecursor
Nam
praecursor
,
vt
superbos
Antichristo
exercitum
praeparare
.
Graunting
all
true
that
Bellarmine
saith
,
the
wound
is
not
cured
which
Gregory
hath
giuen
to
the
proud
Popes
,
and
to
their
proud
and
luxurious
Priests
:
these
falues
of
Bellarmine
are
so
farre
from
curing
of
the
sore
,
that
they
make
it
much
worse
.
Moreouer
,
Bellarmine
sometimes
would
shift
it
thus
,
as
if
Iohn
Bishop
of
Conftantinople
,
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
honour
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
obtained
the
same
thing
,
they
who
write
thereof
,
beare
sufficient
witnesse
.
Paulus
Diaconus
saith
thus
:
Hic
(
Phoca●…
)
rogan●…e
Papa
Abbas
Vspergensis
Sabmian
Bonifau
was
chosen
Pope
,
at
whose
suit
Phocas
ordained
,
that
the
sea
of
th●…
Romane
Apostolike
Church
should
be
th●…
head
of
all
Churches
:
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
obtinuit
,
Boniface
,
Pho●…as
appointed
the
Bishop
of
Rome
to
be
the
Prince
of
all
Bishops
.
]
And
Nauclerus
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
auncient
gouernement
,
then
by
any
present
strength
,
they
kept
some
commaund
in
Italie
by
their
Exarches
abiding
at
Rauenna
:
Gr●…gorie
the
second
Pope
,
espying
this
weaknesse
,
and
watching
for
an
opportunitie
to
take
the
Empire
at
such
disaduantage
:
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
Tantamque
authoritatem
tune
habuerunt
Romani
Pont.
decreta
(
saith
Naucl●…r
)
vt
Rauennates
primi
,
exinde
Venetia
,
populi
atque
milites
,
apertam
in
Imperatorem
Exarchumque
rebellionem
pra
se
tulerint
.
Ac
eo
processit
rebellio
,
vt
depositis
Exarchi
magistratibus
,
singulae
ciuitates
,
singula
oppida
proprios
magistratus
,
quos
duces
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
created
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
Dominions
in
a
,
manner
,
as
there
were
great
Cities
;
the
strongest
began
to
pray
vpon
the
weaker
.
Heere
began
the
fire
of
emulation
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
variance
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
Lumbards
,
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
aunswere
of
Pipin
was
,
he
came
into
Italie
to
gratifie
the
Pope
,
and
that
he
would
helpe
him
as
much
as
he
could
.
That
which
after
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
called
Romandiola
.
The
match
by
negotiation
betweene
Pipin
and
the
Pope
was
made
thus
:
that
all
that
which
was
recouered
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
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
Iurisdiction
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
rebellion
and
conspiracie
against
the
auncient
Emperours
,
from
their
vniust
vsurpation
,
and
oppression
of
lawfull
Kings
,
from
an
impious
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
Iurisdicton
by
the
Popes
dispensing
against
oathes
and
vowes
.
For
,
saith
he
,
[
Edward
the
Confessour
Edward
Cooke
P.
123.
had
made
a
vowe
to
goe
in
person
to
Rome
,
but
was
dispensed
by
Pope
Leo
the
ninth
,
King
Iohn
sued
to
Pope
Innocentius
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
belonging
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
thereof
.
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
furie
:
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
impudencie
,
and
confidence
in
the
truth
:
both
they
and
we
bring
the
same
examples
,
but
to
contrary
ends
:
they
bring
these
examples
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
receiued
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
acclamation
:
Sedem
Apostolicam
omnium
Ecclesiarum
caput
,
à
nemine
(
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
inquisition
of
false
doctrines
belonged
to
the
care
of
Bishops
,
so
the
examination
of
the
life
and
manners
of
Bishops
:
belonged
alwayes
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
Iurisdiction
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
shewed
,
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
themselues
.
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
after
.
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
Iurisdiction
,
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
ambitious
courses
.
13
These
attempts
of
Iurisdiction
were
then
most
famously
withstood
,
when
they
were
brought
to
their
full
hight
.
For
after
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
throughly
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
Desiderius
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
faling
to
the
Pope
,
then
began
to
be
called
,
(
for
the
Pope
had
promised
to
Charles
for
oppressing
the
Lumbards
,
and
recouering
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
Empire
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
&
Abbots
,
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
Emperours
Iurisdiction
confessed
.
Pope
Hadrian
receiued
Charles
honourably
,
and
at
his
pleasure
called
a
councell
.
Wherein
questionlesse
some
parts
of
the
auncient
Iurisdiction
were
restored
to
Charles
.
For
that
Synod
gaue
him
power
to
choose
the
Bishop
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
Empire
and
Church
:
that
each
power
knowing
their
owne
limits
,
the
one
might
not
encroach
vpon
the
other
.
Celebrata
est
(
saith
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
euent
declared
,
it
was
much
against
the
Popes
pleasure
.
He
called
a
Synod
at
Frankford
,
wherein
was
condemned
the
doctrine
of
worshipping
of
images
,
which
doctrine
the
Pope
had
late
before
confirmed
.
The
occasion
hereof
grew
thus
.
Leo
Isaurus
Emperour
,
being
much
offended
that
the
Saracines
had
that
great
and
iust
exception
against
Christians
,
that
they
worshipped
images
:
called
a
Synod
at
Constantinople
,
wherein
the
Paulus
Diaconus
.
Gregory
the
second
tooke
this
in
su●…h
indignation
,
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
prosecuting
the
purpose
of
his
predecessour
,
called
a
Synod
at
Rome
in
the
yeare
seuen
hundred
thirty
three
by
Sigebert
:
seuen
hundred
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
belike
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
Bishops
,
16.
About
this
time
that
most
worthy
,
most
religious
,
and
learned
King
Alfred
raigned
in
England
.
Aser
Meneuensis
writing
Omnium
Britanniae
insulae
Christianorum
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
discipline
of
the
Court
of
Rome
,
exempteth
Clerkes
from
the
Kings
Courts
,
and
consequently
from
the
Kings
gouernment
,
it
appeareth
that
in
King
Alfreds
time
,
this
thing
was
vtterly
vnknowne
to
the
world
:
therefore
this
King
is
called
and
acknowledged
to
bee
the
Gouernour
of
all
Christians
within
his
dominions
.
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
forraine
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
therfore
whereas
it
is
commonly
taken
by
our
aduersaries
(
who
vse
to
begge
such
principles
,
as
they
cannot
prooue
)
that
the
religion
,
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
honorable
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
claimeth
now
this
Iurisdiction
likewise
,
to
depose
Princes
,
to
dissolue
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
criminous
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
religion
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
ouer
Emperours
,
yet
they
brought
not
all
to
an
effect
.
Cran●…zius
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
,
exemptions
,
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
therefore
to
obserue
,
how
the
Popes
wrested
Iurisdiction
from
temporall
Princes
.
This
thing
will
appeare
better
,
if
we
take
a
suruay
of
these
times
,
and
of
the
meanes
and
parts
of
that
Iurisdiction
,
which
wee
finde
chalenged
by
the
Popes
in
these
ages
.
2.
At
this
time
the
Popes
began
first
of
all
to
striue
for
inuestitures
.
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
proceedings
,
with
breuity
and
fidelity
report
,
out
of
the
stories
of
this
time
,
in
what
state
the
Church
of
Rome
then
stoode
.
In
the
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
Leo
9
,
Victor
2
,
Stepha●…us
10.
Benedictus
(
this
Pope
escaped
the
poison
,
but
was
cast
out
by
force
and
cunning
of
Hildebrand
)
Nicholaus
2.
Thus
he
practised
to
make
way
for
himselfe
to
the
Papacy
,
by
poisoning
all
that
stood
in
his
way
.
3.
For
redressing
of
these
enormities
Henry
the
third
Emperour
,
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
dying
in
banishment
;
Hildebrand
(
as
the
same
Author
saith
:
)
Perfidiae
simul
&
pecuniae
●…ius
haeres
extitit
.
That
is
:
[
Was
heire
both
of
his
perfidiousnesse
,
and
of
his
money
.
]
The
Emperours
patience
,
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
liberty
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
bloudie
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
Emperours
will
,
professed
that
hee
would
not
keepe
the
place
,
without
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
electione
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
funerall
Falsus
monachus
,
magus
,
diuinaculus
,
somniorum
4.
This
is
the
man
that
began
the
contention
for
Iurisdiction
with
the
Emperour
Henrie
the
fourth
.
Tali
dedicatore
damnationis
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
,
being
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
from
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
consider
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
vnderstanding
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
:
began
a
most
desperate
and
vile
practise
,
to
forge
antiquities
,
deuising
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
Epistles
,
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
,
wherwithall
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
framed
to
claime
this
Iurisdiction
,
but
so
absurd
,
the
stile
so
vnfitted
to
the
ages
wherin
these
Bishops
liued
,
that
the
learned
Papists
themselues
blush
at
the
forgerie
.
The
argument
of
all
these
Epistles
is
in
a
manner
one
and
the
same
,
all
plead
for
Iurisdiction
:
and
if
this
question
might
be
determined
by
these
testimonies
,
then
should
they
obtaine
their
Iurisdiction
without
controuersie
.
The
things
which
are
most
of
all
handled
and
repeated
therein
;
are
,
the
Primacie
of
the
Pope
,
the
power
and
authoritie
of
the
Church
of
Rome
;
exemption
of
Clarkes
,
and
appellation
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
oraui
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●…onest
practises
?
Therefore
this
Iurisdiction
was
by
many
receiued
,
because
they
suspected
no
falshood
,
in
such
as
should
haue
beene
examples
of
vertue
and
godlinesse
.
But
when
the
knowledge
of
good
learning
was
raised
againe
,
then
began
these
Epistles
to
be
examined
,
and
were
found
such
as
they
are
.
Bellarmine
speaking
of
these
Epistles
,
though
glad
he
would
be
to
maintain
them
if
he
knew
how
,
yet
dares
not
denie
them
to
be
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
Bellarmi●…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
Quodsi
difficiliores
ortae
fuerint
questiones
,
disponitur
à
Deo
vita
rectorum
.
For
proofe
these
Scriptures
are
brought
,
qui
vos
tangit
,
tangit
pupillam
oculi
mei
,
&
nolite
Thomas
Becket
resisted
Henrie
the
second
,
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
Romana
,
Tues
Petrus
,
&c.
Another
saith
,
Si
quis
vestrum
pulsatus
fuerit
in
aliqua
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
Iurisdiction
,
&
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
repressed
:
so
the
diuell
to
bring
them
to
greater
shame
,
mooued
them
afterward
to
greater
forgerie
in
deuising
so
many
decretall
Epistles
,
to
establish
this
Iurisdiction
by
this
shamelesse
attempt
,
which
by
other
direct
meanes
they
could
not
doe
.
Seconly
,
so
greedily
are
they
set
vpon
this
purpose
,
as
men
blinded
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
Nicen
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
Iurisdiction
by
these
testimonies
,
which
were
supposed
to
be
written
so
long
before
the
Canons
of
the
Nicen
Councell
?
What
needed
they
to
haue
forged
a
Canon
,
if
they
had
so
faire
euidences
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
Iurisdiction
vpon
such
false
grounds
.
Thirdly
,
we
obserue
also
the
Tues
Petrus
,
and
such
like
.
An
indifferent
man
would
thinke
,
that
either
they
should
not
confesse
these
forgeries
;
or
confessing
them
,
they
should
hate
and
abhorre
these
grounds
of
Iurisdiction
,
which
onely
the
forged
Epistles
haue
deuised
from
Scripture
.
Fourthly
,
by
this
we
may
11.
For
the
Councell
of
Trent
being
awaked
at
the
preaching
of
Master
Luther
and
other
,
and
finding
that
the
corruptions
which
were
brought
into
the
doctrines
of
the
Court
of
Rome
could
not
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
Tu
es
Petrus
,
&c.
and
such
like
.
If
wee
say
the
sense
and
meaning
of
those
Scriptures
doe
no
way
maintaine
that
Iurisdiction
,
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
taketh
,
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
reuerenced
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
filthy
forgeries
of
corrupt
men
,
are
to
be
honoured
,
and
reuerenced
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
maintained
,
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
maner
without
blushing
;
but
let
a
man
in
humility
and
good
conscience
,
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
Iurisdiction
forged
.
13.
Moreouer
that
it
may
it
further
appeare
;
that
this
Iurisdiction
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
forced
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
religion
:
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
Iurisdiction
,
&
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
.
14.
So
that
before
the
Councell
of
Trent
the
Soueraigne
Iurisdiction
was
neuer
held
to
be
in
the
Pope
,
seeing
the
Church
being
gathered
together
in
a
Councell
did
vse
to
exercise
Iurisdiction
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
follow
:
That
the
Councell
of
Trent
was
not
a
generall
Councell
,
because
the
Pope
was
not
afraid
of
it
:
that
the
Popes
themselues
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
Christians
,
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
marueilously
prepared
to
peace
,
and
to
a
mutuall
consent
.
And
for
the
points
of
doctrine
,
if
the
Friars
and
such
as
were
by
them
infected
,
had
not
troubled
all
,
the
truth
might
haue
preuailed
.
For
Cardinall
Contaren
made
a
good
preparation
to
the
doctrine
of
Contaren
,
Georgius
Cassander
,
Iohn
Ferus
,
Master
Antonius
Flaminius
,
Espencaeus
and
many
others
,
a
mutuall
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
peaceable
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
deuised
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
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
,
against
the
expectation
of
many
,
deliuered
the
Kings
protestation
thus
:
[
That
it
was
neither
safe
nor
fit
for
him
to
send
his
Bishops
17.
And
whereas
in
all
ancient
generall
Councels
the
freedome
18.
And
that
the
same
Councell
of
Trent
was
not
a
lawfull
Olaus
Magnus
was
intituled
Archbishop
of
Vpsala
,
and
blinde
Sir
Robert
a
Scottishman
was
intituled
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
diligent
in
this
Councell
.
These
combined
with
those
few
Germane
Bishops
which
were
there
,
resolued
saith
he
,
Pontificis
Romani
potestatemintra
certos
fines
includere
,
nec
illius
aulae
tantum
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
Nation
,
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
,
Octauius
Farnesius
(
Graundchild
to
Pope
Paulus
the
third
,
by
whom
hee
was
sent
)
departing
out
of
Italy
was
§.
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
needfull
after
forgeries
to
speake
of
Friars
.
For
they
haue
beene
the
chiefe
aduancers
of
this
Iurisdiction
,
and
the
fittest
instruments
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
videlicet
Praedicatorum
,
Minorum
,
Augustinensium
,
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
vnchanged
in
most
things
.
The
alteration
was
afterward
wrought
especially
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
greater
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
reprouing
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
magnam
habet
speciem
pietatis
(
saith
he
)
eo
quod
coram
hominibus
iuste
viuant
,
&
benè
omnia
de
Deo
credant
,
&
omnes
articulos
qui
in
Symbolo
continentur
;
solam
Romanam
Ecclesiam
blasphemant
&
oderunt
.
So
that
all
the
heresie
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
auncient
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
Reinerius
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
ancienter
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
orders
:
to
make
some
chaunge
in
that
ancient
religion
,
which
before
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
appeare
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
Friars
so
streitched
the
priuiledges
of
the
Clargie
,
that
though
an
Abbot
and
all
his
couent
ben
open
traitours
conspiring
When
Parish-churches
ben
appropred
to
men
of
singular
religion
Let
me
obserue
this
by
the
way
,
as
being
now
better
instructed
in
the
opinion
of
Iohn
Wi●…life
,
concerning
tithes
.
Whereas
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
perfit
They
shew
not
to
the
people
their
great
sinnes
,
and
namely
Friars
being
made
Bishops
robben
men
by
extorsion
,
as
in
punishing
of
sin
for
money
,
and
suffren
men
to
lie
in
sinne
,
they
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
Iurisdiction
:
these
are
they
who
first
taught
,
and
practised
obedience
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
members
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
enemie
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
disorder
the
Church
in
his
time
,
yet
hee
witnesseth
that
the
third
part
of
the
Clergie
of
England
defended
the
truth
against
Friars
.
Then
the
Friars
being
set
vp
to
alter
the
auncient
doctrine
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
&
introducers
of
innouation
in
the
Church
,
I
will
here
set
them
downe
.
[
First
,
we
say
,
that
Friars
are
not
to
be
admitted
into
our
Scholasticall
Thess.
vlt.
We
declare
brethren
to
you
in
the
name
of
the
Lord
Iesus
Christ
,
that
you
withdraw
your selues
from
euery
brother
that
walketh
inordinately
,
and
not
according
to
that
tradition
which
they
haue
receiued
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
chaunged
,
after
they
had
once
receiued
these
serpents
into
their
bosomes
:
yet
the
reasons
which
they
haue
brought
against
Friars
,
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
called
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
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
ouerthrow
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
compescuit
,
Simon
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
imployment
:
they
were
founded
in
blood
,
in
treacherous
practises
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
Lateran
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
,
swarming
like
Locusts
vnder
the
Popes
protection
;
he
like
an
experienced
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
doctrines
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
Iurisdiction
.
In
both
which
practises
,
the
Friars
take
continuall
direction
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
corrupting
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
Christendome
.
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
Iurisdiction
,
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
Clergie
from
this
obedience
,
and
Allegeance
;
and
so
farre
they
preuailed
,
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
beginneth
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
yeelded
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
practise
of
the
fourth
Toletan
Councell
,
held
in
the
yeere
sixe
hundred
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
Toletan
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
preseruation
of
States
,
and
it
seemeth
to
be
as
auncient
as
the
gouernement
of
States
.
For
Lycurgus
the
first
founder
of
the
State
of
Collatinus
Tarquinius
being
chosen
Consuls
:
Valerius
Publicola
grew
so
offended
,
because
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
Scipio
Africanus
is
much
commended
in
the
Romane
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
Pharises
,
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
pestiferous
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
30.
Nauclerus
doth
likewise
obserue
,
that
Fredericke
Barbarossa
Hadrian
the
fourth
,
seruant
of
Gods
seruants
,
to
Fredericke
Emperour
of
Romanes
,
health
and
Apostolicall
blessing
.
31.
THe
law
of
God
promiseth
a
long
life
to
them
that
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
wisedome
,
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
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
homage
&
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
Allegeance
draweth
subiects
to
the
obedience
of
Princes
,
resist
it
by
all
possible
meanes
:
because
the
Popes
seeke
Soueraigne
Allegeance
:
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
against
the
Popes
purposes
.
For
this
Oath
which
Fredericke
exacteth
,
Iohn
Wiolife
descried
,
because
Bishops
must
be
the
Popes
subiects
,
not
the
Kings
.
This
was
also
a
part
of
that
quarrell
,
wherewith
Thomas
Becket
troubled
the
State
in
his
time
;
for
he
hauing
first
taken
the
Oath
of
Allegeance
33.
Then
this
Oath
of
Allegeance
to
Kings
,
was
in
vse
before
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
Apostle
,
Archbishop
of
Mentz
,
an
English
man
by
birth
named
Winefride
.
For
Pope
Gregorie
the
second
,
desirous
to
draw
the
Germanes
vnder
the
yoake
of
his
ceremonies
(
the
Christian
religion
being
long
before
planted
among
them
)
sent
this
Winefride
,
otherwise
called
Boniface
,
to
reduce
all
to
the
obedience
of
Rome
as
much
as
might
be
.
For
this
purpose
he
exacted
an
Oath
of
Boniface
,
the
forme
of
the
Oath
is
extant
in
Auentinus
,
thus
:
[
In
the
name
of
our
Lord
and
Sauiour
,
Leo
being
Emperour
,
34.
We
declared
before
how
Hildebrand
caused
the
Emperour
Henrie
the
fourth
,
to
displace
certaine
Bishops
:
and
presently
after
that
he
had
made
a
breach
betweene
the
Emperour
and
them
,
he
restored
them
all
to
their
seuerall
places
againe
;
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
Archbishop
of
Canterburie
,
by
reason
of
that
Oath
which
then
the
Popes
exacted
,
was
enboldened
to
raise
a
contention
with
William
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
Emperour
.
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
inuestitures
as
belonging
to
the
auncient
right
of
the
Empire
,
he
was
denied
:
the
matter
brake
out
into
a
tumult
,
in
which
tumult
Pope
Pascbalis
was
taken
,
and
being
in
the
Emperours
power
,
graunted
and
confirmed
vnto
him
the
right
of
inuestitures
.
From
which
graunt
the
Pope
reuolted
afterward
,
and
shewed
himselfe
more
vehement
in
this
quarrell
,
then
any
before
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
35.
Thus
were
Kings
robbed
of
their
strength
,
when
Bishops
were
by
an
Oath
so
bound
to
the
Pope
,
that
what
hee
commaunded
,
they
must
doe
.
And
if
the
Pope
listed
to
quarrell
Princes
for
their
auncient
rights
and
priuiledges
,
it
was
enough
for
him
to
say
,
those
priuiledges
of
Princes
were
matters
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
subiection
,
and
forced
to
violate
their
Allegeance
to
their
Princes
.
Consider
then
what
seruice
Princes
may
expect
from
Popishbishops
,
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
,
excommunications
,
warres
,
and
great
bloodshed
:
these
rights
of
Princes
thus
withdrawen
from
them
,
the
Popes
hold
as
matters
of
their
Iurisdiction
:
and
to
strengthen
them
herein
they
bind
Bishops
and
other
chiefe
of
the
Clergy
,
by
Oaths
to
themselues
,
against
their
owne
Kings
:
these
practises
set
the
Pope
in
the
possession
of
this
Iurisdiction
.
36.
Onuphrius
speaking
of
that
Oath
which
all
Doctors
37.
These
Oathes
by
the
Pope
were
first
exacted
of
Archbishops
,
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
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
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
Carolus
Molinaeus
hath
by
irrefragable
proofes
manifested
to
be
forged
;
therfore
this
is
to
be
suspected
to
be
of
the
same
kinde
.
And
this
thing
seemeth
so
vnlikely
,
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
Luitprandus
40.
The
Popes
hauing
once
extorted
an
Oath
of
the
Emperour
,
were
desirous
vpon
such
presidents
to
make
lawes
:
for
they
had
no
other
meanes
to
build
vp
their
Iurisdiction
:
therefore
when
as
first
by
force
they
extorted
some
Oathes
,
afterward
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
purpose
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
stories
witnesse
,
that
the
Emperour
refused
to
take
that
Oath
.
But
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
meaning
;
it
is
set
downe
not
onely
as
a
law
in
their
Decretals
,
but
published
as
an
ordinarie
Ceremony
,
which
al
must
take
knowledge
of
.
In
the
booke
of
their
Ceremonies
it
is
said
that
an
Oath
is
to
be
ministred
to
all
Emperours
,
before
their
Coronation
,
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
42.
In
this
Mysterie
of
Oathes
they
haue
proceeded
so
far
,
as
to
exhibite
an
Oath
not
onely
to
the
Clergie
,
but
to
the
temporall
subiects
of
other
Princes
,
whom
they
may
poyson
and
peruert
,
by
reconciling
them
to
the
Pope
;
which
as
it
is
a
practise
most
dangerous
to
them
that
are
so
taken
,
and
insnared
as
Birds
in
the
net
of
their
owne
destruction
,
so
is
it
no
lesse
pernitious
for
such
Princes
from
whose
obedience
these
are
drawen
:
whereby
the
Pope
seemeth
to
bring
the
question
of
Iurisdiction
to
an
issue
with
the
Princes
of
Christendome
,
whether
he
shall
ouerthrow
them
,
or
they
him
:
for
it
is
not
possible
that
both
should
stand
vp
together
:
for
what
is
left
to
Princes
,
if
their
Crownes
and
the
hearts
of
their
subiects
be
taken
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
possible
they
should
performe
true
Allegeance
to
the
King
?
For
that
the
Oath
which
is
exhibited
to
the
Pope
,
is
an
Oath
of
Allegeance
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
Soueraignes
.
§.
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
Councels
,
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
proceeded
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
Hildebrand
.
William
Malmsbury
saith
,
Hic
(
Hildebrandu●…
)
quod
alij
i●…usitauerant
palam
e●…tulit
,
excommunicans
electos
qui
Inuestituras
〈◊〉
de
manu
Laici
per
annulum
&
bacu●…m
accipere●…
:
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
Hadrian
:
H●…drianus
autem
45.
In
both
these
Decrees
,
as
wel
of
Hadrian
as
of
Leo
,
there
is
Anathema
denounced
to
the
violators
thereof
:
Now
Hildebrand
was
the
first
violator
of
them
.
The
things
which
the
Popes
decree
in
their
Consistory
,
in
a
full
Synode
,
vnder
Anathema
,
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
consuetudo
,
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
,
exquirentib●…s
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
confirmed
to
him
:
therefore
they
were
part
of
the
auncient
priuiledges
of
the
Empire
.
46.
Hincm●…rus
Archbishop
of
Rhemes
,
liued
and
wrote
about
the
yeare
eight
hundred
sixtie
.
At
what
time
without
any
question
the
auncient
practise
was
continued
of
choosing
Bishops
by
the
consent
of
the
King
.
For
he
writing
to
the
Bishops
of
France
,
saith
of
the
manner
of
choosing
Bishops
.
Consensu
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
power
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
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
Ecclesiasticall
Iurisdiction
,
which
being
taken
by
the
first
Christian
Emperours
,
from
the
example
of
the
state
of
Israell
,
was
continued
by
them
and
their
successours
,
without
:
question
or
contradiction
,
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
contrary
thereof
was
neuer
knowne
or
heard
of
in
the
Church
.
And
therefore
writing
to
Constantia
August●…
,
he
saith
:
Salonit●…
ciuitatis
Episcopus
me
ac
responsali
meo
nesciente
,
ordinatus
est
:
E●…
facta
res
est
,
quae
sub
nullis
anterioribus
principibus
e●…nit
.
Quod
eg●…
Otho
.
Gregory
saith
,
that
the
Bishop
who
i●…truded
vpon
that
Church
not
onely
without
his
knowledge
,
but
also
without
the
consent
of
the
Emperour
,
should
not
be
suffered
to
exercise
his
function
,
before
that
he
might
vnderstand
whether
the
Bishoppe
had
the
Empero●…s
consent
herein
:
he
saith
also
,
that
this
practise
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
neuer
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●…uaricators
.
Gregory
knew
well
what
he
wrote
,
hauing
the
perfect
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
Magistrates
,
long
before
Pope
Hadrian
did
yeeld
it
to
Charles
.
The
same
thing
is
also
witnessed
by
the
twelfth
Toletan
Counsell
,
49.
But
Cardinall
Baroniu●…
striken
with
a
strange
fury
in
this
question
of
Inuestitures
,
ventureth
vpon
a
new
and
desperat
course
,
denieth
all
Antiquities
,
and
bringeth
a
more
shamelesse
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
against
Sigebert
,
because
among
many
,
he
also
hath
reported
this
Hincmarus
,
Gregory
the
first
witnesseth
,
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
Sigebert
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
Scelus
,
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
schismaticall
Emperour
,
who
challenged
Inuestitures
,
he
thrust
into
his
Chronography
by
fraud
these
wordes
:
Postea
rediens
Carolus
,
Papiam
c●…pit
,
it
erumque
Roma●…
redijt
,
Sy●…odumque
constituit
cum
Hadriano
Papa
,
alijsque
15
▪
3.
religiosis
Episcopis
&
abbatibus
,
in
qua
Hadrianus
Papa
cum
vniuersa
Synodo
tradidi●…●…i
●…us
eligendi
pontisicem
&
ordinandi
s●…dem
Apostolicam
,
dignitatemque
patritiatus
:
Insuper
Archiepiscopos
,
Episcopos
per
singulas
prouincias
ab
eo
inuestituram
accipere
defini●…it
,
vt
●…isi
à
rege
laudetur
&
Inuestiatur
,
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●…entinus
51.
Frosard
writing
the
French
Storie
,
and
collecting
the
actions
of
Charles
the
great
,
out
of
the
ancient
Stories
of
that
nation
(
and
where
can
the
actions
of
the
French
Kings
bee
better
Huldericus
Mutius
witnesseth
as
much
.
Sabellicus
saith
,
Hadriano
autore
decretum
vt
Carolus
rex
qui
op●…imè
esset
de
Romana
〈◊〉
&
Italia
meritus
,
Pontificem
l●…geret
,
&c.
Par
illi
potesta●…
de
patritiat●…
dando
,
de
Episcopis
prouinciatim
Hadrianus
Papa
collaudantibus
Romanis
&
pl●…na
Synodo
&c.
Carolo
M.
&
〈◊〉
.
I
must
entreat
the
Readers
patience
.
For
I
am
forced
to
cite
these
witnesses
only
for
the
iustifying
of
Sigebert
,
which
otherwise
might
haue
beene
spared
;
if
Baroni●…s
had
not
brought
Sigebert
,
as
it
were
to
holde
vp
his
hand
at
the
barre
:
vnreuerently
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
antiquities
,
as
they
are
to
deface
all
a●…cient
monuments
that
stand
against
them
:
not
to
be
as
resolute
for
the
truth
,
as
they
are
impudent
to
maintaine
f●…lshood
.
I
must
therefore
proceed
in
producing
witnesses
,
who
liued
some
since
that
time
,
and
some
before
:
that
〈◊〉
testimony
may
be
iustified
,
his
honesty
cleared
:
and
that
t●…e
world
may
see
by
what
strong
faction
and
passion
,
Histories
are
now
written
to
defend
the
Popes
Iurisdiction
by
defacing
all
ancient
records
that
stand
against
it
.
〈◊〉
de
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
inuestitures
Rollewinkins
Warner
,
saith
likewise
of
H●…drian
:
Iste
Hadrianus
&c
▪
i●…s
Carolo
super
ordinatione
sedis
Apostol●…
&
institutione
Episcoporu●…
,
Abbatum
,
&c.
in
〈◊〉
al●…
concilio
dedit
.
Marsilius
Pataui●…s
in
diuers
places
doth
witnesse
the
same
Ch●…rles
.
Rodulohus
de
Colum●…
writeth
a
booke
of
the
same
argument
,
wherein
he
witnesseth
the
same
thing
.
The
Story
which
is
called
Registrum
mundi
,
written
by
Hartm●…s
Shedell
,
saith
that
Charles
went
from
the
siege
of
Pauy
to
Rome
.
Pascha
in
vrbe
celebrare
constituit
,
assumptis
se●…um
〈◊〉
&
Abbatibu●…
&c.
inde
Synodum
habuit
.
Mat
Palmerius
speaketh
to
the
same
Pap●…
Primarius
Capellanus
.
〈◊〉
in
speculo
Historiali
hath
the
same
narration
at
full
,
of
the
53.
Nauclerus
hath
the
same
Story
at
large
,
declaring
that
Synodale
decretum
,
saith
mine
Author
:
a
late
decree
54.
Then
we
haue
witnesses
of
all
sorts
,
of
all
times
since
Sigebert
.
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
charged
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
Storie
of
Pope
Ioane
.
For
if
they
can
conuince
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
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
narration
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
Gratian
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
writings
,
or
to
receiue
a
slight
report
from
one
of
his
owne
time
,
and
one
of
the
Popes
enemies
,
(
as
Baronius
would
make
Sigebert
.
)
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
,
cannot
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
Ecclesiasticall
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
preserued
without
addition
or
change
in
any
thing
.
Ne
cuiquam
liceat
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
Ecclesiasticall
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
Baronius
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
.
Anastasius
is
extant
in
Print
,
A●…
.
one
thousand
,
sixe
hundred
and
two
,
Moguntiae
.
This
was
long
after
that
Baronius
had
vndertaken
,
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
nothing
may
come
to
light
,
which
may
disproue
that
which
Baronius
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
Anastasius
Bibliothecarius
wrote
this
,
that
Pope
Hadrian
yeelded
this
right
to
Charles
the
great
.
His
wordes
are
these
:
Bibliothecarius
scribit
Lodouicum
liberam
eligendorum
Episcoporum
potestatem
Paschali
〈◊〉
,
cum
antea
●…a
quoque
in
re
Imperatores
consulerentur
:
quam
potestatem
ab
Hadriano
Pontifice
Carolo
concessam
,
idem
autor
refert
.
That
is
,
[
Bibliothecarius
writeth
that
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
Anastasius
wrote
it
,
and
therefore
Sigebert
was
not
the
first
reporter
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
praenimia
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
practised
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
question
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
,
proouing
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
Gratian
,
which
before
we
cyted
there
is
reference
to
Iuo
Carnotensis
,
Lib.
8.
de
Election
.
Rom.
Pont.
So
that
it
seemeth
that
Iuo
also
wrote
this
before
Gratian.
Howsoeuer
it
be
,
we
haue
witnesses
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
approued
writers
partly
reiected
as
impostures
,
only
because
they
make
against
the
Popes
Iurisdiction
:
partly
expunged
by
sacrilegious
hands
,
and
malicious
and
cruell
hearts
,
that
the
truth
by
all
meanes
may
be
defaced
,
and
falshood
adored
and
maintained
by
a
generation
,
framed
and
fashioned
to
vanity
and
vntruth
;
59.
Baronius
proceedeth
:
and
telleth
vs
that
Eginhardus
saith
,
that
Charles
came
but
foure
times
to
Rome
,
then
Baronius
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
thinketh
reason
to
denie
the
truth
of
this
Narration
,
because
Eginhardus
doth
not
mention
it
:
I
answer
,
Eginhardus
writeth
very
succinctly
,
and
had
no
purpose
to
record
all
particulars
.
For
he
doth
not
mention
that
Charles
the
great
did
erect
the
Vniuersity
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
confession
pulled
vp
an
olde
hedge
,
which
no
man
stirred
before
him
,
and
therefore
it
is
no
maruell
if
a
Serpent
bite
him
:
and
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
draweth
an
ineuitable
conuiction
vpon
himselfe
:
for
Charles
purposing
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
Francorum
Rex
Papia
demoraretur
,
in
obsidione
ipsius
ci●…itatis
,
magnum
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
satisfie
these
men
?
We
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
only
62.
Now
to
come
to
the
Kings
of
England
,
as
their
authority
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
chalenged
63.
For
thus
Roger
Houeden
reporteth
:
In
the
yeare
of
Quia
Apostolicus
(
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
perswaded
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
Author
declareth
also
,
that
these
customes
and
prerogatiues
were
not
imposed
by
the
King
,
but
sought
out
with
exact
care
&
diligence
by
the
Bishops
&
Barons
iointly
.
For
speaking
of
these
customes
in
the
time
of
Henry
the
second
,
he
recordeth
an
Epistle
which
the
Bishops
of
the
Prouince
of
Canterbury
wrote
to
Thomas
'
Becket
,
wherein
they
testifie
thus
much
:
Ne
super
his
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
conference
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
inuiolable
,
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
hâc
fidei
sponsione
te
absoluam
.
This
was
the
olde
practise
of
abusing
Kings
.
And
it
was
not
much
to
be
meruailed
,
if
some
kings
were
then
blinded
,
when
they
were
led
by
such
guides
.
Houeden
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
,
65.
I
stay
the
longer
vpon
this
point
,
and
am
more
willing
to
search
the
truth
herein
,
because
it
is
a
matter
of
especiall
importance
concerning
this
question
of
Iurisdiction
,
which
wee
seeke
to
know
.
For
Robert
Persons
the
masked
Catholique
diuine
confesseth
in
effect
thus
much
,
that
if
wee
can
proue
that
Inuestitures
belong
to
temporall
Princes
,
we
haue
in
his
iudgement
questionlesse
obtained
the
cause
for
which
we
striue
.
Let
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
,
whereon
he
layeth
his
greatest
hold
;
and
are
content
to
trie
the
whole
Prisca
consuetudo
by
Pope
Stephen
,
Antiqua
consuetudo
by
another
:
that
the
contrarie
was
neuer
heard
of
vnder
any
Christian
Prince
,
confessed
by
Gregory
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
§.
V.
Exemption
of
criminous
Clerkes
.
68.
OVr
purpose
being
to
take
a
suruey
of
that
Iurisdiction
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
Inuestiture
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
discipline
,
ioyne
the
aide
of
their
coactiue
lawes
,
to
the
spirituall
censures
of
the
Church
:
ordeining
that
whosoeuer
by
the
gouernours
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
.
Emperours
did
inflict
vpon
Clerkes
,
was
deportation
:
So
did
Constantine
the
great
punish
Eusebius
Bishop
of
Nicomedia
,
and
70.
Then
the
ancient
practise
was
,
that
the
temporall
Magistrate
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
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
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
subiect
Omnis
anima
subdita
sic
,
&c.
saith
:
Nec
animam
Gregory
Nazianzen
saith
:
Homines
cuncti
&c.
All
men
are
ordered
in
subiection
Sacerdotes
meos
tuae
manui
commisi
.
Then
Gregory
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
quidem
iussioni
tuae
subiectus
eandem
72.
Concerning
the
punishment
of
Heretiques
&
Schismatiques
that
were
criminous
,
there
was
no
other
means
knowne
in
S.
Augustines
time
,
then
the
coactiue
power
of
the
ciuil
Magistrate
.
For
thus
he
saith
:
Si
nec
hoc
volunt
Donatistae
,
&c.
[
If
the
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
humano
,
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
74.
The
Laterane
Councel
was
held
in
the
yeare
one
thousand
,
two●…hundred
,
and
fifteene
.
It
is
decreed
in
the
same
Councell
,
That
Heretickes
being
condemned
,
should
be
deliuered
ouer
to
the
secular
power
:
from
which
time
these
pretended
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
exemption
of
Clerks
from
secular
iudgements
,
we
may
first
breefly
examine
them
,
and
so
proceede
.
Hee
cyteth
thus
;
Concil.
Mileuitan
.
Can.
13.
&
Matiscon
.
Can.
8.
These
places
he
quoteth
,
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
iudicaret
.
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
Matiscon
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
.
Afterward
he
citeth
for
exemption
from
punishment
,
these
places
;
〈◊〉
Chalced.
can
.
9.
Si
Clericus
aduersus
Clericum
habet
negotium
non
relinquat
Episcopum
suum
,
&
ad
saecularia
iuaicia
non
rec●…rrat
,
&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
testimonies
speake
as
little
for
him
as
the
other
.
The
9.
Canon
of
the
Chalced.
Councell
speaketh
not
of
the
immunities
of
criminous
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
;
Clericum
nullus
praesumat
apudsaecularem
iudicem
Episcopo
non
permittente
,
pulsare
.
Marke
good
Reader
a
worke
of
darkenesse
,
an
example
of
Romish
impudency
:
by
true
,
sound
,
and
vnsuspected
Recordes
,
these
priuiledges
which
now
are
in
question
betweene
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
Canon
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
Episcopo
non
permitente
,
pulsare
.
And
thus
it
is
read
by
them
that
aunciently
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
exemption
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
Magistrates
.
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
reason
of
their
Order
from
triall
in
Kings
Courts
:
this
is
a
doctrine
neuer
knowne
to
the
auncients
.
It
was
first
knowne
in
England
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
Thomas
Becket
Archbishop
:
Rex
volebat
(
saith
Houeden
)
Presbyteros
,
Diaconos
,
Subdiaconos
,
&
alios
Ecclesiae
Thomas
Becket
stood
for
this
priuiledge
of
holy
Church
,
that
although
one
of
the
Clergy
had
committed
felony
,
murther
or
treason
,
yet
might
not
the
King
put
him
to
death
as
he
did
the
Lay-men
.
Fabian
.
Part.
7.
cap.
237.
rectores
,
si
comprehensi
fuissent
in
latrocinio
,
vel
murdra
,
vel
felonia
,
vel
iniqua
combustione
,
vel
in
his
similibus
:
ducere
ad
saecularia
examina
,
&
punire
sic●…t
&
laicum
.
Contra
quod
Archiepiscopus
dicebat
,
quod
si
Clericus
in
sacris
ordinibus
constitutus
,
vel
quilibet
alius
rector
Ecclesiae
calumniatus
fuerit
de
aliqua
re
,
per
viros
Ecclesiasticos
&
in
curia
Ecclesiastica
debet
iudicari
.
Et
si
conusctus
fuerit
,
ordines
suos
amittere
,
&
sic
al●…enatus
ab
officio
&
beneficio
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
houses
,
or
such
like
,
should
be
brought
to
secular
Courts
,
and
there
punished
as
Lay-men
were
.
Against
this
the
Archbishop
affirmed
,
that
if
a
Clerke
being
within
holy
Orders
,
or
any
other
Parson
of
a
Church
were
accused
of
any
thing
,
he
must
be
iudged
by
Ecclesiasticall
Iudges
in
the
Ecclesiasticall
Court
:
and
if
he
were
conuict
,
he
should
loose
his
orders
.
And
so
being
excluded
from
office
and
benefice
Ecclesiasticall
,
if
after
this
he
incurred
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
criminous
Clarkes
to
the
Secular
power
,
crept
in
about
the
time
of
the
Conquest
.
Bellarmine
pretending
greater
antiquity
for
it
,
Iohn
Wiclife
saith
,
and
often
affirmeth
,
that
Satan
was
loosed
:
no
man
claymed
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
79.
Houeden
declareth
also
,
that
in
the
yeare
one
thousand
Thomas
Becket
answered
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
,
required
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
celebrating
Masse
,
and
desired
to
goe
to
Rome
,
but
the
King
denied
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
80.
Thus
did
the
Popes
then
stirre
to
aduance
their
spirituall
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
Iurisdiction
acknowledged
,
the
Popes
new
Iurisdiction
,
and
the
Archbishops
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
subiectorum
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
Bishops
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
effect
his
good
and
godly
purposes
in
execution
of
Iustice
,
for
the
filthinesse
of
some
of
the
Clergie
.
Rex
(
say
they
)
fide
Christian
ssimus
,
in
copula
●…oiugalis
castimonij
honestissimus
,
pacis
&
iusticiae
cōse●…uator
&
dilata●…or
incomparabiliter
strenuissimus
,
hoc
vo●…
is
agit
totis
,
in
his
feruet
desiderijs
,
vt
de
regno
suo
tollantur
scandala
,
cūspurci●…ijs
suis
eliminentur
peccata
,
pax
totum
obtineat
atque
iustitia
&c.
Qui
cum
pacem
regnisui
enormi
insolentium
quorundam
Clericorum
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
banished
,
&c.
and
finding
the
peace
of
his
Kingdome
not
a
little
troubled
with
the
enormous
excesse
of
some
insolent
Clerks
,
&c.
]
And
thus
they
proceede
,
declaring
wherein
those
strange
exemptions
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
degrading
,
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
Ecclesiasticis
obseruatas
,
&
pacificè
&
reuerenter
exhibitas
Dominus
noster
Rex
deduci
vellet
in
medium
.
That
is
,
[
Hereupon
not
through
ambition
of
Domination
,
not
with
any
purpose
to
oppresse
the
liberties
of
the
Church
,
but
onely
in
a
zeale
of
peace
the
King
proceedeth
thus
farre
,
as
that
hee
will
haue
the
customes
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
England
before
him
.
]
And
a
little
after
,
Haec
est
Domini
nostri
regis
in
Ecclesiam
Dei
toto
orbe
declamata
crudelitas
,
hac
ab
eo
persecutio
.
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
persecution
:
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
visard
of
Religion
:
but
Religion
is
not
,
nor
euer
was
the
cause
why
our
Kings
punished
the
Popes
Clerkes
,
but
onely
Iurisdiction
.
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
subiection
by
an
Oath
of
Allegiance
:
and
hereupon
perswading
al
that
will
hearken
to
him
,
that
they
may
not
yeelde
an
Oath
of
Alleageance
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
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
pernicious
nouelty
,
a
late
vpstart
deuice
in
the
Church
.
But
howsoeuer
the
Popes
Clerkes
pretended
their
new
forged
priuiledges
,
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
commaunded
,
83.
This
exemption
of
Clarks
was
a
new
practise
in
the
time
of
Marsilius
of
Padua
,
and
not
so
new
as
pestiferous
,
occasioning
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
§.
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
aduancement
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
account
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
particular
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
appeale
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
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
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
growen
so
great
as
that
by
coactiue
power
hee
was
able
to
maintaine
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
publisher
of
those
lawes
,
which
were
continued
by
〈◊〉
the
eight
▪
〈◊〉
fift
,
Iohn
the
two
and
twentieth
,
〈◊〉
by
some
other
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
maintaineth
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
other
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
himselfe
,
against
the
iudgement
of
the
auncient
Fathers
(
who
resisted
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
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
88.
Moreouer
,
if
Bellarmine
haue
declared
the
true
conditions
of
iust
and
lawfull
Lawes
,
it
will
followe
that
the
Canon
Lawes
are
no
iust
Lawes
.
Bellarmine
confesseth
that
foure
conditions
Nemo
enim
potest
legem
imponere
89.
The
last
condition
that
in
Bellarmines
opinion
is
required
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
§
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
Canterburie
,
in
the
time
of
William
Rufus
.
For
after
that
some
breach
was
made
betweene
the
King
and
the
Archbishop
,
the
Archbishoppe
Anselme
desired
leaue
to
depart
the
land
,
to
goe
to
Rome
for
his
Pall.
The
King
perceiuing
that
hee
had
a
purpose
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
:
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
enchaunted
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
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
disobedience
to
Princes
.
What
then
would
he
haue
done
,
if
thereunto
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
required
and
yeelded
in
Saint
Augustines
time
?
This
is
the
difference
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
betweene
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
condemned
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
Augustine
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
without
the
consent
of
so
much
as
one
Bishoppe
:
which
thing
I
report
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
Thomas
Becket
was
after
this
time
condemned
by
all
the
Bishoppes
in
like
sort
,
in
the
question
of
Inuestitures
.
93.
And
therefore
Henry
the
second
had
iust
cause
to
publish
that
law
which
Roger
Houeden
calleth
graue
edictum
&
execrabile
,
against
the
Pope
,
beginning
,
Si
quis
inuentus
fuerit
literas
William
Rufus
,
as
before
we
haue
declared
,
vrged
this
law
against
Anselme
,
proouing
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
appeare
,
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
kingdome
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
Eduardi
,
qui
et
post
diem
suum
concesserat
coronam
&
regnum
,
&
cuius
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
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
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
legesque
antiquas
regni
iure
concesserunt
.
[
The
Saxons
by
a
strong
hand
ouercame
the
land
in
time
by
war
,
built
as
they
ouer
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
Alphred
:
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
:
neither
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
,
seeing
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
England
,
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
practised
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
stretched
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
ouerturned
,
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
otherwise
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
armed
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
ambitious
and
bloudy
practises
,
wee
shall
finde
how
the
Scriptures
are
fulfilled
.
97.
For
one
Scripture
saith
,
that
a
starre
must
fall
from
heauen
,
Leo
Iconomachus
.
98.
THe
first
Prince
vpon
whom
the
Pope
began
this
practise
,
was
Leo
the
Emperour
,
whom
Platina
calleth
Leo
the
third
,
he
was
called
Iconomachus
for
defacing
of
Images
.
This
Prince
was
deposed
by
Gregory
the
third
,
who
was
Pope
in
the
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
deface
Images
in
Churches
,
and
commaunded
Pope
Gregory
the
second
,
then
Bishop
of
Rome
to
doe
the
like
,
the
Pope
tooke
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
resolued
vpon
this
,
as
vpon
an
Apostolicall
tradition
,
that
Antichrist
must
driue
the
Emperour
out
of
the
gouernement
of
Rome
and
Italy
,
and
take
vp
his
place
and
seate
.
Tertullian
doth
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
,
confirming
it
to
be
an
Apostolicall
tradition
.
These
two
conditions
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
vnwarrantable
.
Concerning
this
particular
,
the
rest
of
the
Fathers
yeeld
the
like
consent
to
these
.
Ambrose
saith
:
Non
prius
veniet
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
Gregory
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
adioyning
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
recorded
,
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
Prophesies
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
entred
into
such
furious
attempts
against
their
Soueraigne
Lords
the
Emperours
.
For
they
yeelded
exact
obedience
to
Emperours
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
granted
to
Beniface
the
third
Pope
,
the
title
of
Oecumenicall
Bishop
,
and
that
the
Church
of
Rome
should
be
head
of
all
other
Churches
:
then
began
that
starre
to
fall
from
heauen
,
falling
from
Childeric
or
Chilperic
.
102.
THe
Popes
hauing
proceeded
thus
farre
in
deposing
the
Emperour
,
thought
all
their
labour
lost
,
vnlesse
they
might
haue
those
Territories
made
subiect
to
themselues
,
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
Harmannus
Contractus
:
other
attribute
this
to
Pope
Zachary
.
Childeric
was
shauen
and
thrust
into
a
Monastery
.
After
all
this
there
stuck
a
scruple
in
the
conscience
of
Pipin
,
for
he
had
taken
an
Oath
of
Allegeance
to
Childeric
his
Soueraigne
;
this
scruple
the
Pope
vndertooke
Paulus
Aemylius
recordeth
,
that
Carolus
Martellus
(
father
to
Pipin
)
being
then
Constable
of
France
,
robbed
the
Churches
and
Monasteries
of
France
at
his
pleasure
,
promising
that
if
he
should
obtain
victorie
against
the
Sarracins
,
he
would
bountifully
repay
all
:
But
after
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
became
Christian
:
This
was
practised
from
the
time
of
Constantine
,
till
Hadrian
the
third
,
saith
Platina
,
who
maketh
this
Hadrian
the
first
,
who
altred
this
auncient
manner
:
he
tooke
the
opportunity
of
the
absense
of
Charles
the
grosse
then
Emperor
;
104.
Henry
the
fourth
Emperour
called
a
Councell
at
Wormes
to
represse
Hildebrand
:
The
Bishops
of
that
Councell
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
disorderer
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
Emperour
Vspergensis
,
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
conspiring
against
Henry
the
fourth
,
were
both
ouerthrowne
,
the
succeeding
Popes
maintaining
the
same
pollicy
and
practise
(
for
it
were
pittie
but
that
these
Apostolicall
practises
were
well
knowne
)
raised
Henry
the
fift
in
armes
against
his
father
Henry
the
fourth
:
this
old
Emperour
being
wearie
of
troubles
,
and
desirous
to
haue
some
repose
,
made
his
107.
At
this
time
the
Cities
of
Italy
tooke
an
Oath
of
aleageance
to
the
same
Emperour
.
But
after
all
this
grant
of
Pope
Fiat
,
fiat
:
that
is
,
be
it
so
.
Then
Bruno
Bishop
of
Signinum
,
said
:
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
another
,
it
was
not
euill
,
&c.
Paschalis
by
his
hand
commaunding
silence
,
appeased
the
clamour
,
and
tolde
them
that
heresie
neuer
entred
into
the
Church
of
Rome
.
This
I
haue
declared
,
that
the
Reader
may
vnderstand
,
what
graue
matters
are
handled
in
some
Popish
Councels
.
In
this
Councell
the
excommunication
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
moued
not
the
Popes
,
to
remit
Inuestitures
.
The
Emperour
perceiuing
that
nothing
could
moue
the
Popes
,
to
loose
so
beneficiall
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
Inuestitures
to
the
Pope
.
Whereupon
peace
followed
for
a
time
.
Frederick
Barbarossa
.
108.
FRederick
the
first
,
sirnamed
Barbarossa
is
highly
commended
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
Sicily
,
with
whom
the
Pope
was
at
variance
.
Frederick
receiued
the
Pope
with
great
reuerence
,
and
as
he
lighted
from
his
horse
,
109.
This
mention
of
the
King
of
Sicily
,
draweth
vs
to
speake
somewhat
of
him
,
our
purpose
being
to
obserue
the
practise
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
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
vndertake
the
warres
against
him
:
was
not
a
little
greeued
thereat
,
considering
also
other
greeuances
and
oppressions
of
Germany
.
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
passed
betweene
them
,
as
before
we
declared
.
But
when
the
Emperour
111.
I
may
not
omit
what
Iohannes
Flasboriensis
,
a
Writer
in
this
time
,
obserueth
of
this
Hadrian
,
as
from
him
Naucler
Hadrian
,
Alexander
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
against
him
.
The
Emperour
to
pacifie
the
troubles
of
Christendome
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
depart
.
When
the
Emperour
and
the
Kings
of
England
and
Scotland
were
come
to
the
place
,
and
heard
what
the
French
King
had
done
:
they
were
much
offended
that
the
King
should
so
Popishly
disappoint
his
promise
,
therefore
they
willed
Victor
to
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
Souldian
;
how
being
taken
prisoner
when
he
would
haue
dissimulated
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
aduantage
,
and
made
the
Emperour
content
to
yeelde
.
The
conclusion
Naucl.
gener.
40
reporteth
this
as
done
before
Fredericke
his
expedition
to
the
holy
land
.
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
suspecting
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
&
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
giuen
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
Soueraigne
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
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
troubled
;
there
was
not
a
Bishopricke
,
or
Ecclesiasticall
dignity
,
or
Parish-Church
which
was
not
made
litigious
;
and
in
the
common
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
happinesse
.
To
expresse
this
true
felicity
of
the
Pope
,
and
the
Court
of
Rome
,
in
the
misery
and
vexation
of
all
the
world
,
mine
Authour
breaketh
out
into
these
wordes
:
[
O
our
mother
Rome
,
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
Thuscia
,
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
absolutions
,
and
of
raising
warres
in
Christendome
,
that
they
might
by
troubling
Christendome
drawe
some
aduantages
to
themselues
.
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
Wittlespach
,
Germany
fell
within
the
power
of
the
Popes
vexation
more
then
before
:
Hoc
vno
Philippo
p●…rempto
(
saith
Naucler
)
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
Germany
,
he
held
a
Diet
at
Norinberge
,
where
he
opened
to
the
Princes
of
Germanie
,
the
manifold
and
fraudulent
practises
of
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
,
granted
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
within
the
Popes
territories
:
he
declared
also
his
right
to
Sicily
and
Apulia
,
and
the
auncient
Priuiledges
which
those
Kings
had
alwaies
vsed
for
Inuestitures
,
which
priuiledges
in
his
nonage
119.
Gregory
the
ninth
who
succeeded
,
began
there
,
where
Honorius
left
.
And
because
he
sought
a
pretence
for
his
fury
,
he
Prascrip●…o
sacrorum
armorum
ali●…
spectauit
(
sayeth
120.
Frederick
returning
into
Italy
from
the
East
,
after
all
these
wrongs
hauing
both
cause
and
means
,
opportunely
offering
it selfe
to
reuenge
his
wrongs
:
yet
resolued
not
to
bee
drawne
from
his
milde
course
.
He
made
m●…anes
to
be
reconciled
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
couetousnesse
.
Frederick
being
thus
absolued
,
was
receiued
by
the
Pope
in
a
banquet
,
but
all
was
counterfeit
cheere
.
For
no
sooner
was
Frederick
returned
into
Germany
,
but
presently
hee
vnderstood
that
the
Princes
of
Germany
had
receiued
directions
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
many
Cities
in
Lumbardy
,
Vmbria
,
and
Hetruria
.
The
Pope
(
being
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
alleageance
.
He
made
a
league
with
the
Venetians
;
and
hee
called
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
calling
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
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
)
vnderstanding
that
the
Pope
,
whom
he
had
alwayes
sought
to
mitigate
,
was
not
to
be
drawne
by
kindnesse
or
faire
meanes
,
hearing
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
brother
.
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
succeeded
Gregory
in
the
same
hereditary
spirit
of
rebellion
,
and
sauage
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
Innocentius
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
laboured
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
France
,
where
he
called
a
Synode
.
In
this
Synode
the
Pope
caused
Fred
ericke
to
be
cyted
personally
to
appeare
,
and
to
answere
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
Emperour
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
personally
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
answere
.
This
reasonable
petition
was
denied
:
the
Pope
drew
out
his
terrible
toole
,
excommunicating
the
Emperour
,
absoluing
all
Princes
of
the
Empire
from
their
Oath
and
faith
,
moued
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
Parma
,
were
returned
thither
by
the
Popes
practise
,
and
taking
the
Towne
by
force
,
had
giuen
a
great
ouerthrow
to
the
other
Citizens
:
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
King
Iohn
of
England
.
124.
THe
King
of
England
sped
no
better
then
others
,
for
by
this
vnbridled
power
of
vsurped
Iurisdiction
King
Iohn
with
the
whole
Kingdome
was
brought
into
great
trouble
and
perplexity
:
these
troubles
grew
vpon
a
quarrell
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
Suffraganes
,
chose
Reynold
the
Subpriour
of
the
house
,
to
be
Archbishoppe
,
who
secretly
went
to
Rome
to
haue
this
his
election
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
banished
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
,
denouncing
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
obedience
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
commaunded
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
persecuted
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
Friars
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
Emperours
;
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
.
Auenti●…us
giueth
many
testimonies
of
the
courage
of
the
German
Bishops
(
as
else-where
also
we
haue
obserued
of
the
English
Bishops
)
for
he
writing
of
the
times
of
Frederick
the
second
,
the
Bishops
then
saith
he
,
were
not
as
now
they
are
addict
to
the
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
ambition
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
attempt
any
thing
in
the
Prouince
of
any
Bishop
:
thinges
being
guided
by
truth
,
law
,
the
iudgement
of
the
wisest
and
best
learned
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
authority
,
and
to
draw
all
power
to
himselfe
.
Hoc
i●…stitutum
(
to
vse
the
words
of
Aue●…tinus
)
tollere
&
antiquare
,
Episcoporum
autoruatem
Labefactare
,
ad
vnius
cu●…cta
potestatem
redigere
complacitum
est
.
126.
This
being
the
purpose
of
Popes
:
for
the
better
effecting
of
it
,
it
was
thought
fit
&
expedient
to
raise
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
mollifie
and
corrupt
the
auncient
rigour
of
Bishops
,
to
alter
the
auncient
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
vtterly
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
mulcts
in
Bishops
Courts
,
as
I●…hn
Wiclif
doth
witnesse
,
then
and
by
them
crept
in
the
great
corruptions
of
doctrine
.
And
because
when
the
Pope
had
excommunicated
and
deposed
Princes
,
the
Bishops
in
former
times
were
not
onely
cold
in
executing
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
enterprises
.
127.
The
first
seruice
which
the
Friars
did
performe
to
the
Pope
,
was
in
the
execution
of
his
excommunication
against
the
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
,
excommunicated
Simon
Montford
Ea●…le
of
Leister
,
when
peace
was
concluded
betweene
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.
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
,
knowing
also
that
the
quarrell
was
not
then
for
doctrine
,
but
onely
for
Iurisdiction
.
And
this
thing
the
Cardinall
well
vnderstanding
,
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
purpose
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
Wagganers
,
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
examine
them
of
their
faith
and
Religion
,
and
would
attempt
no
other
thing
.
The
people
being
well
assured
,
that
for
matters
of
faith
and
Religion
,
nothing
could
be
found
against
them
:
assented
to
the
motion
of
the
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
threesco●…
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●…
witnesseth
thus
much
;
Quos
(
Albing●…nses
)
Dominicus
〈◊〉
●…ritate
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
rebellions
.
Conradus
and
Mamphred
Kings
of
Sicily
.
130.
THe
next
Prince
that
felt
the
stroake
of
the
Popes
T●…derbolt
,
was
Mamphred
King
of
Sicily
:
Sicily
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
patrimonie
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
Sicily
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
excommucated
and
deposed
William
.
After
this
Otho
the
fourth
,
whom
the
Pope
raised
vp
in
rebellion
against
Philip
,
got
the
Dominion
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
deposed
,
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
Charles
King
of
Sicily
,
and
Conradinus
.
132.
FOR
Charles
comming
with
an
Army
into
Italy
,
at
the
Popes
motion
,
ioyning
battell
with
Mamphr●…d
,
ouerthrew
him
,
and
slew
him
in
battell
neare
to
Beneuentum
.
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
Germany
to
reco●…er
his
inheritance
of
Sicily
:
made
Charles
brother
to
the
French
King
the
Vicar
of
the
Empire
to
giue
him
●…trength
against
Conradinus
;
and
wrote
Letters
to
all
Christians
,
forbidding
all
men
to
write
to
Conradinus
as
to
the
King
of
Sicily
.
And
to
the
Princes
of
Germany
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
Emperour
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
ouerthrowne
me
an
innocent
man
:
for
Conradus
my
father
,
King
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
:
pretending
that
,
R●…dolph
Emperour
was
therewith
so
much
offended
,
that
vnlesse
Charles
would
deliuer
vp
into
his
handes
that
regiment
,
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
Rauenna
:
he
kept
all
,
saith
Platina
,
in
his
owne
custody
,
and
thither
he
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
daughter
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
,
deposed
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
Vicars
?
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
,
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
threatnings
.
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
apprehended
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
agre●…
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
illa
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
against
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
.
WEe
will
haue
you
to
vnderstand
,
that
you
are
subiect
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
otherwise
.
Dated
at
Later
an
,
&c.
The
answere
was
thus
returned
:
Philip
by
the
grace
of
God
,
King
of
France
,
to
Boniface
bearing
himselfe
as
Pope
,
health
little
or
none
at
all
.
YOur
singular
fooleship
may
vnderstand
,
that
in
temporall
affaires
we
are
subiect
to
none
:
that
the
collation
of
Churches
and
Prebends
perteineth
to
vs
by
royall
prerogatiue
,
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
140.
Clement
pursuing
his
hatred
against
Henry
,
aduanced
the
Title
of
Robert
to
Sicily
,
whom
the
Emperour
had
by
an
ordinary
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
fasting
,
and
other
good
workes
,
that
his
lawfull
labours
and
purposes
might
be
blessed
of
God
,
intending
on
the
feast
of
the
assumption
to
take
the
holy
Sacrament
.
The
Bishoppe
of
Trent
his
Confessour
was
absent
at
that
time
,
being
sent
to
Pope
Clement
:
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
Fredericke
142.
Whereupon
Pope
Iohn
without
lawfull
processe
,
excommunicated
Lodouicke
in
his
Consistory
at
Auinion
,
and
declared
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
excommunication
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
appeale
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
learning
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
Emperour
declareth
his
appeale
;
appellauimus
ad
futurum
generale
Concilium
,
&
ad
sanctam
Catholicam
Ecclesiam
.
This
was
done
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
forbidding
,
shall
not
keepe
the
forme
prescribed
by
the
Canons
,
they
who
disobey
him
,
doe
not
incurre
the
sentence
of
excommunication
.
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
commanded
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
giuen
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
appellation
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
answereth
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
Papa
.
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
Franckfort
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
receiued
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
hereafter
we
shall
declare
.
Moreouer
we
finde
a
distinction
obserued
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
flatterers
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
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
Iurisdiction
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
Emperour
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
decreede
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
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
:
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
thorough
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
consent
to
the
Election
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
●…oned
the
Princes
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
Coronation
the
Pope
bound
him
with
an
Oath
neuer
to
come
to
Rome
,
nor
to
make
longer
abode
in
Italy
then
the
Pope
himselfe
thought
good
.
Now
to
make
Charles
to
waste
and
consume
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
152.
When
Boniface
the
ninth
had
begun
this
oppression
:
much
money
was
thereby
gathered
from
the
Clergie
throughout
the
Emperours
Dominions
:
the
money
being
thus
collected
,
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
Rupertus
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
vacant
:
many
Princes
sought
the
Kingdome
of
Bohemia
:
Charles
Lad●…slaus
:
Sigismund
and
Albert
Dukes
of
Austria
were
in
good
hope
:
and
Frederick
the
Emperour
would
haue
had
the
administration
of
the
Kingdome
,
because
the
homage
due
to
the
Empire
had
beene
neglected
.
When
the
day
of
Election
came
,
〈◊〉
〈◊〉
was
chosen
King
,
and
afterward
confirmed
by
Fredericke
the
Emperour
;
but
Paul
the
second
,
finding
that
this
George
fauored
King
Iohn
of
Nau●…rre
.
154.
POpe
Iulius
the
second
,
the
scourge
of
Christendome
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
daughter
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
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
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
furious
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
recompt
their
miseries
,
the
spo●…le
and
desolation
of
their
kingdomes
,
the
ruine
of
auncient
houses
,
the
vexation
of
their
subiects
,
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
Christendome
:
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
excommunication
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
secret
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
excommunications
:
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
generall
Councels
.
1.
AFter
that
this
Iurisdiction
,
thus
deuised
and
maintained
,
began
to
bee
well
knowen
in
Christendome
:
men
of
learning
and
iudgement
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
claimed
by
the
Popes
,
and
afterward
more
fully
disputed
and
maintained
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
spirit
this
defence
of
this
new
Iurisdiction
proceedeth
,
con●…ing
from
the
especiall
direction
of
the
Pope
.
This
〈◊〉
proceedeth
herein
according
to
his
direction
,
concluding
all
Iurisdiction
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
laboureth
not
so
much
to
prooue
it
,
as
to
publish
it
)
the
Popes
challenge
hauing
vndertaken
the
businesse
.
Fo●…
the
Popes
before
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
mainetenance
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.
Baron●…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
hereafter
to
produce
,
doe
oppose
themselues
.
3.
One
po●…ition
of
〈◊〉
is
this
:
〈◊〉
〈◊〉
〈◊〉
&
〈◊〉
●…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
〈◊〉
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
giuen
for
seruice
to
another
,
by
which
it
must
be
instituted
,
o●…dered
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
deposed
the
French
King
C●…ilperic
and
set
●…p
〈◊〉
in
his
place
.
A●…
other
reason
is
this
:
Illa
p●…testas
est
i●…
〈◊〉
〈◊〉
alteri
▪
●…i
〈◊〉
●…delitatis
pr●…stat
,
&
ab
ea
〈◊〉
esse
●…ne
quod
habet
:
sed
omnis
potestas
saec●…arium
Principum
,
Imperator●…
,
&
●…iorum
●…st
●…alis
▪
Dist.
63.
Can.
cum
tib●…
〈◊〉
.
[
That
power
is
giuen
and
subiected
for
seruice
to
another
to
whom
it
yeeldeth
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
Emperours
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
iudgment
,
need
no
re●…utation
.
He
saith
also
in
the
same
place
:
Potest●…
omnis
〈◊〉
〈◊〉
&
〈◊〉
〈◊〉
sub●…legata
respectu
〈◊〉
Pap●…
.
[
All
power
of
Empero●…s
and
Kings
,
is
to
them
delegated
by
the
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
excommunication
.
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
Iurisdiction
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
Iurisdictionis
,
&
no●…
ordinis
.
That
is
[
The
Papacy
is
a
name
of
Iurisdiction
,
4.
Because
this
manner
of
maintaining
the
Popes
Iurisdiction
is
grosse
to
set
him
aboue
temporall
Princes
in
temporall
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
Princes
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
Alleageance
.
And
when
B●…llarmine
reproueth
him
for
that
,
he
answereth
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
Bellarmine
saith
,
that
the
Pope
hath
power
to
depose
Princes
not
5.
In
like
sort
when
Master
Blackwell
saith
,
the
Pope
hath
power
to
depose
Princes
indirectly
,
or
in
respect
of
some
spirituall
good
,
and
iudgeth
the
taking
of
the
Oath
of
Alleageance
to
respect
a
spirituall
good
end
,
giuing
this
reason
:
because
the
George
Blackwell
.
Epist
to
Bellarmine
.
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
refuse
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
commaundement
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
distinction
of
power
,
direct
or
indirect
,
they
descry
a
reall
distinction
of
obedience
direct
or
indirect
.
Now
there
is
not
much
difference
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
Catholickes
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
knowen
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
●…otoriously
promoted
by
the
vniust
vex●…ions
which
the
Popes
offered
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
learned
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
Iurisdiction
:
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
Iurisdiction
,
one
especiall
ground
which
hee
layeth
,
is
this
.
Ab
●…fficio
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
purposed
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
Scriptures
&
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
,
declaring
thereby
how
the
Pope
may
bee
obeyed
or
not
obeyed
,
commaunding
against
the
Emperour
:
for
saith
he
,
if
the
Emperour
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
against
the
imperiall
lawes
:
no
man
subiect
to
the
Emperour
,
ought
in
such
things
to
obey
the
Pope
.
Which
thing
he
proueth
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●…isdiction
we
must
obey
,
are
such
as
by
armed
power
defend
their
Countries
and
people
,
which
in
no
case
can
agree
to
a
Bishop
or
Priest
.
9.
By
such
reasons
he
proceedeth
,
and
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
in
quātūhuiusmodi
.
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
vengeance
10.
Concerning
the
right
of
calling
Councels
,
his
determination
is
this
:
If
a
cause
of
religion
rise
in
question
,
the
Pope
,
saith
he
,
may
signifie
the
same
to
the
chiefe
Temporall
Gouernour
:
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
transgressors
.
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
)
neque
〈◊〉
leg●…
aliq●…
obligarentur
〈◊〉
〈◊〉
is
aut
institutis
Ecclesia
vel
〈◊〉
R●…manorum
,
plusquam
●…
〈◊〉
:
〈◊〉
〈◊〉
●…e
〈◊〉
&
rationabili
〈◊〉
,
qua
fideles
in
vnitate
amplius
seruabantur
,
eo
quod
tune
fideli
〈◊〉
legislatore
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
humane
law
,
to
obey
the
mandates
of
the
Church
or
Bishop
of
Rome
,
rather
then
the
contrary
:
yet
this
profitable
and
reasonable
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
obedience
,
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
etiam
paral●…gismus
,
qu●…
reges
&
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
subiection
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
vpon
the
right
of
the
Church
,
and
vpon
the
right
of
Temporall
Princes
,
wresting
all
authority
to
himselfe
,
&
this
he
calleth
fulnes
of
power
.
●…or
i●…by
fulnes
of
power
be
vnderstood
t●…at
power
wherby
all
men
and
all
creatures
are
commanded
and
directed
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
.
12.
And
therefore
whereas
the
Pope
claimeth
such
●…
power
,
intruding
vpon
the
right
of
each
of
these
,
he
saith
:
Ex
vn●…
〈◊〉
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
Su●…
〈◊〉
&
diuin●…
cul●…us
speci●…
.
That
is
,
[
Vnder
a
shewe
of
godlin●…sse
,
and
the
worship
of
God
.
]
The
same
Author
adde●…h
,
Cres●…ente
autem
〈◊〉
ipsis
app●…
〈◊〉
ampli●…
domi●…di
,
attendentib●…s
deuoto●…
fideli●…
〈◊〉
〈◊〉
〈◊〉
〈◊〉
ignauia●…
&
diuin●…
〈◊〉
〈◊〉
,
qui
ad
●…a
〈◊〉
sacerdote●…
indicebantur
▪
obligari
credeban●…
〈◊〉
〈◊〉
aetern●…
;
praesumpseru●…t
〈◊〉
Episcop●…
Roma●…i
,
cum
suo
clericoru●…
coetu
,
●…ligarchica
quaedam
edicta
〈◊〉
〈◊〉
actus
〈◊〉
,
&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
ignorance
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
Oligarchicall
Edicts
concerning
ciuill
actions
.
Thus
saith
hee
,
the
Bishoppe
of
Rome
began
first
to
practise
expemptions
.
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●…
discordiae
,
p●…testatem
enim
hanc
ad
quam
paulatim
&
latenti
pr●…aricatione
subintrauit
ex
consuetudine
aut
abusione
verius
,
dudum
detinuit
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
preuarication
of
custome
,
or
to
say
more
truely
,
of
abuse
,
hauing
holden
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
Decretals
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
vnder
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
office
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
other
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
against
these
Constitutions
;
whereupon
Iohn
the
two
and
twentieth
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
appeale
from
the
Pope
.
William
Occham
once
a
worthy
fellow
of
Merton
Colledg
in
Oxford
,
vndertooke
this
question
,
&
disputeth
it
throughly
,
in
that
booke
which
he
intitleth
Opus
nonaginta
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
.
Ioh●…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
Ex
hi●…
(
saith
Occha●…
)
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
maketh
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
Augusti●…
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
Iurisdiction
.
To
the
second
he
saith
:
The
Pope
translated
the
Empire
:
Non
in
q●…antum
successor
Petri
,
sed
authoritate
Romanorum
qui
sibi
potestatem
huinsmodi
concesserant
:
That
is
[
Not
as
the
successour
of
Peter
,
but
by
the
authority
of
the
Romanes
,
who
graunted
him
that
power
.
]
To
the
third
he
saith
;
the
Emperour
that
first
tooke
an
Oath
of
Alleageance
,
did
it
from
deuotion
and
humility
,
and
therefore
afterward
refused
it
.
Marfilius
answereth
to
this
last
obiection
somewhat
otherwise
,
for
he
vtterly
reiecteth
the
testimony
of
that
Canon
,
that
witnesseth
that
the
Emperour
tooke
an
Oath
of
Alleageance
.
Inta●…tum
vero
ipsorum
quidam
prorupit
a●…daciam
(
saith
Marsil
.
)
vt
in
suis
edectis
expresserit
,
Romanum
Principem
sibi
iurame●…o
fidelitatis
ástringitanquam
coacti●…a
I●…risdictione
subiectum
,
vt
ex
suarum
narrationum
quas
decretales
appellant
derisibili
&
contempt●…
prorsus
inuolucro
[
*
](A17976-e37390-b)
*
Septimo
de
Sent.
&c.
lege
secund.
de
Sent.
septimo
de
Sent
&
re
i●…dicata
palam
se
inspicientibus
offert
.
That
is
[
One
of
them
(
to
wit
Clement
the
fift
)
hath
broken
out
in
such
impudency
in
his
Edicts
,
that
he
affirmeth
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
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
.
Whereuppon
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
approued
by
the
greatest
learned
men
then
liuing
;
and
by
all
the
learned
men
of
that
order
in
England
and
in
Paris
,
for
so
it
is
said
there
.
Quae
determinatio
fuit
etiam
ab
omnib●…s
Magistris
&
baccalarijs
in
sacra
pagina
de
Parisijs
&
de
A●…glia
dicti
ordinis
approbata
,
&
V●…iuersis
Christi
fidelibus
destinata
.
That
is
[
Which
determination
was
also
approued
of
all
the
Masters
and
Bachelours
in
Diuinity
of
the
said
order
of
Paris
and
England
,
and
directed
to
all
Christians
:
]
I
will
set
downe
the
forme
of
his
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
Lodouicke
Emperour
,
saith
,
that
many
learned
and
godly
men
of
Secundum
quod
tradunt
Canonic●…
sanctiones
:
as
the
Canonicall
Constitutions
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
discipline
was
in
force
,
and
acknowledged
through
Christendome
,
that
the
Pope
might
be
censured
in
a
generall
Councell
.
19.
Another
thing
which
we
obserue
in
this
appeale
,
is
a
remarkeable
distinction
famously
obserued
in
the
sense
,
iudgement
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
,
complaineth
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
honoured
.
The
sentence
of
this
C●…urch
they
reuerence
,
〈◊〉
authority
of
this
Church
they
acknowledge
,
appealing
from
the
Popes
sentence
as
vniust
,
re●…ecting
his
authority
as
vnlawfull
,
still
resting
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
called
the
Court
of
Rome
:
and
that
this
pr●…ent
Church
of
Rome
is
not
that
which
our
fathers
called
the
Church
of
Rome
.
It
is
not
the
same
thing
:
for
from
that
Church
of
Rome
the
Pope
might
be
separated
,
from
this
he
cannot
.
From
the
Pope
to
that
Church
a
Christian
might
appeal●…
,
which
sentence
was
iustified
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
Emperour
,
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
separation
,
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
Paradox
,
yet
it
is
a
truth
which
will
euery
day
bee
more
and
more
Marsilius
P●…
.
obserued
the
beginning
of
this
alteration
,
thus
:
Apud
M●…rnos
Ecelesi●…
〈◊〉
importat
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
Gouernours
are
the
Pope
and
his
Cardinals
,
who
now
from
a
certaine
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
beleeuers
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
flatterers
extolled
him
vp
on
high
:
For
thus
he
saith
.
Principatui
optimo
repugnare
videtur
,
quod
principans
illam
habeat
plenitudinem
William
Occham
foresaw
,
all
this
we
haue
found
by
lamentable
experience
too
true
:
and
all
this
followed
vpon
his
intrusion
into
this
Iurisdiction
.
22.
Through
this
booke
William
Occham
was
driuen
to
carry
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
expressi
,
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
〈◊〉
&
〈◊〉
▪
〈◊〉
William
Occh●…
threw
downe
all
the
Popes
Temporall
Dominion
in
the
dust
,
and
carried
the
glory
in
all
these
disputations
:
wherin
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
.
〈◊〉
〈◊〉
secundu●…
ordi●…is
〈◊〉
,
quasi
ad
〈◊〉
deducens
〈◊〉
Papae
&
〈◊〉
,
in
te●…orali
domin●…
,
quamobre●…
multi
ver●…
doctissim●…
〈◊〉
questiones
disputaban●…
de
potestat●…
〈◊〉
.
That
is
,
[
Which
error
as
Antoninus
taketh
it
,
Occha●…
a
Minorite
hath
most
largely
handled
,
reducing
the
power
of
the
Pope
and
of
Prelates
,
concerning
Temporall
dominion
,
as
it
were
to
nothing
.
Wherefore
many
men
of
greatest
learning
,
did
then
dispute
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
kingdome
,
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
damnable
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●…oralibus
,
in
temporalties
th●…
Pope
hath
no
Iurisdiction
ouer
Princes
:
that
in
●…pirit●…libus
,
in
spiritualties
the
Pope
is
●…ubiect
to
the
censure
of
●…
gen●…rall
Councell
.
This
is
the
truth
which
euer
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
lamented
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
Iurisdiction
:
for
his
lea●…ing
〈◊〉
.
calleth
him
the
true
great
●…lark
.
Mat.
Paris
,
out
of
which
I
will
rehe●…rse
some
things
,
that
the
excellent
spirit
of
th●…t
man
may
be
the
better
obserued
:
and
his
zeale
against
the
intollerable
practise
of
the
Popes
Iurisdiction
.
For
these
prouisions
were
then
defended
by
flatterers
as
proceeding
from
the
fulnesse
of
power
,
the
fountaine
as
they
called
it
of
all
Iurisdiction
against
which
Grosthead
disputeth
thus
.
25.
Apostolica
mandata
non
sunt
necesse
possunt
alia
quam
Apostolorum
26.
The
beginnings
of
M.
Luther
with
Pope
Leo
the
tenth
,
were
much
more
mild
then
this
:
but
he
proceedeth
and
condemneth
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
such
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
excludere
&
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
pernicious
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
pestilence
,
and
in
eternall
shame
in
hell
,
next
in
place
to
those
two
great
Princes
of
darkenesse
,
Lucifer
and
Antichrist
.
]
And
because
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
,
Apostolicae
sedis
sanctitas
non
potest
nisi
quae
in
aedi●…icationem
sunt
&
non
in
destructionem
:
haec
est
enim
potestat
is
plenitudo
,
omnia
posse
in
aedificationem
.
That
is
,
[
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
destruction
:
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
,
absurdus
,
qui
facta
audax
&
temerarius
iudicat
?
Per
Petrum
&
Paulum
nisi
me
moueret
innata
ingenuitas
,
ipsum
in
tantam
confusionem
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
&
ignominiae
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
,
especially
Cardinall
Egidius
Hispanus
,
who
fearing
that
the
Pope
might
prosecute
some
courses
of
extremitie
against
him
(
as
afterward
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
Catholicke
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
aduised
the
Pope
to
dissimulate
the
matter
,
least
some
tumult
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
Domino
Papae
,
vt
omnia
haec
conniuentibus
oculis
sub
dissimulatione
transire
permitteret
,
ne
super
hoc
tumultus
excitaretur
,
maxime
propter
hoc
quia
scitur
quod
quandoque
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
dissimulating
,
least
a
tumult
might
arise
:
especially
for
this
cause
,
because
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
departure
.
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
knowen
to
be
.
But
if
Grosthead
had
done
that
thing
then
,
which
vpon
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.
Improbos
Romanistas
,
saith
he
,
praceptum
habentes
Papale
vt
eis
prouideretur
,
quasi
venenum
odit
serpentium
Dicebat
enim
quod
si
animarum
custodiam
ipsis
traderet
,
Satan●…zaret
:
vnde
saepius
proiectis
literis
Papalibus
bullatis
,
talibus
mandat
is
praecis●…
contradixit
.
[
The
wicked
Romanists
that
brought
the
Popes
letters
for
prouisions
,
he
hated
as
the
poyson
of
serpents
;
for
he
said
,
if
he
should
commit
the
custody
of
soules
to
them
,
that
then
he
should
play
the
diuels
part
.
Wherfore
often
he
threw
away
the
Popes
bulled
Letters
,
precisely
contradicting
such
commaundements
.
]
The
same
Authour
noteth
a
memorable
saying
that
Grosthead
was
wont
to
vse
:
No●…
liberabitur
Ecclesia
ab
Aegyptiaca
seruitute
nisi
in
ore
gladij
cruentandi
.
That
is
[
The
Church
shall
not
be
deliuered
from
this
Egytian
bondage
,
but
by
the
edge
of
the
bloody
sword
.
]
By
all
which
we
see
the
excellent
spirit
of
this
man
against
the
spirit
that
ruled
in
the
Popes
,
and
against
their
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
whatsoeuer
.
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
holding
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
professed
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
nothing
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
Occham
,
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
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
Friars
,
was
no
other
thing
then
the
iudgement
of
the
learned
Diuines
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
obserued
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
amando
&
venerando
Romanam
Ecclesiam
,
matrem
meam
,
desidero
&
procuro
defensionem
omnium
priuilegiorum
suorum
.
That
is
[
I
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
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
especially
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
Iurisdiction
:
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
whatsoeuer
,
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
Iurisdiction
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
strongest
,
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
vppon
this
occasion
.
35.
After
a
●…ong
schisme
in
the
Church
of
Rome
,
Gregory
36.
This
Councell
of
Pisa
is
much
commended
▪
by
Iohn
37.
The
Councell
of
Constance
was
called
by
the
commandement
of
Sigismund
Emperor
,
in
the
yeare
one
thousand
foure
hundred
and
fourteene
,
for
the
same
end
.
For
the
Synode
of
Pisa
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
Alexander
5.
death
,
Ioh●…
the
three
and
twentieth
was
chosen
:
this
man
came
to
Constance
,
and
shewed
himselfe
willing
to
be
deposed
,
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
apprehended
and
brought
backe
againe
:
so
his
life
and
conuersation
being
examined
by
the
Councell
,
he
was
deposed
:
but
when
he
sent
Charles
Malatesta
to
approue
the
sentence
of
the
Synode
,
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
Sigismund
Emperor
tooke
great
paines
with
the
Kings
of
England
,
Fraunce
and
Arragon
.
Gregory
yeelded
to
be
ruled
by
the
Synode
,
but
Benedict
stood
out
stiffely
a
long
time
,
who
in
the
end
also
was
depriued
,
and
pronounced
an
Hereticke
and
Schismaticke
.
It
is
obserued
that
there
was
nothing
concluded
in
this
Councell
without
the
consent
of
the
fiue
Nations
.
The
Synode
hauing
thus
deposed
all
those
other
Popes
,
made
choyce
of
Martin
the
fift
:
And
to
preuent
such
schismes
and
the
troubles
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
Iurisdiction
of
the
Church
declared
in
Synodes
,
did
so
terrifie
the
Popes
that
they
sought
by
all
meanes
to
defeat
it
,
they
could
not
indure
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
laboured
to
maintaine
the
authority
of
the
Councell
aboue
the
Pope
.
39.
For
the
better
confirmation
hereof
,
this
Synode
declareth
the
authority
and
Iurisdiction
of
a
generall
Councell
thus
:
Declarat
(
haec
sancta
Synodus
)
quod
ipsa
in
spiritu
sancto
legitimè
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
Martin
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
Councell
after
seuen
yeares
to
be
holden
at
Basil
;
and
when
the
appointed
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
Ecclesiam
-
2.
Veritas
haec
quod
Papa
Concilium
generale
,
&c.
actu
legitimè
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
censendus
h●…reticus
.
That
is
,
-
1.
[
This
truth
of
the
Iurisdiction
of
a
generall
Councell
representing
the
Catholicke
Church
that
is
aboue
the
Pope
or
any
other
,
as
it
is
declared
by
the
general
Councels
,
that
of
Constance
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
Condelmerius
,
otherwise
called
Eugenius
the
fourth
,
against
which
conclusions
no
man
then
contended
,
sauing
the
Pope
and
his
flatterers
,
who
are
therefore
adiudged
Heretickes
by
the
Councell
.
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
onely
,
but
in
the
iudgements
of
all
that
before
them
were
men
of
knowledge
and
learning
in
the
Church
;
this
was
euer
maintained
,
that
the
Pope
must
be
subiect
to
a
generall
Councell
:
Ne●…
vnquam
aliquis
peritorum
dubitauit
(
saith
that
Synode
)
summum
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
reuoked
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
Councell
,
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
repugnant
to
the
two
foresaid
truths
,
after
the
first
pretensed
dissolution
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
fulnesse
of
power
in
case
it
should
proceede
against
himselfe
,
or
any
of
his
Legates
Presidents
:
this
should
conteine
an
inexcusable
errour
in
faith
:
Fourthly
,
The
second
pretensed
dissolution
or
translation
of
this
Synode
,
repugnant
to
the
two
foresaid
truthes
,
doth
proue
the
said
Eugenius
to
be
a
relapse
,
falling
againe
into
his
reuoked
and
condemned
errour
:
Fiftly
,
This
second
dissolution
or
translation
repugnant
to
the
two
foresaid
truthes
,
as
also
the
contumacy
of
Eugenius
,
and
his
long
perseuerance
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
called
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
Eugenius
to
be
the
Pope
,
but
Felix
.
In
the
meane
time
Eugenius
dieth
,
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
solemne
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
against
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
generall
,
free
,
lawfull
holy
Councell
:
they
would
not
desire
much
more
freedome
therein
then
was
practised
in
this
Synod
of
Basill
.
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
besides
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
acknowledged
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
granted
,
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
45.
Further
in
these
late
Councels
there
is
no
memorable
mention
of
the
fiue
nations
.
There
was
free
accesse
for
all
nations
that
would
come
,
but
there
is
especiall
mention
of
fiue
nations
,
because
these
were
the
principall
nations
of
these
westerne
parts
:
they
are
named
in
the
first
session
of
the
Councell
of
Basill
,
Italy
,
Brittaine
,
Germanie
,
France
,
and
Spaine
:
nothing
might
be
concluded
vnlesse
it
were
first
diuers
times
published
in
the
presence
of
the
fiue
nations
,
and
by
the
generall
consent
of
them
,
confirmed
.
If
things
had
passed
in
this
manner
in
the
Councell
of
Trent
,
that
free
accesse
might
be
giuen
to
all
nations
;
that
the
Scriptures
with
the
Fathers
founding
themselues
vpon
Scriptures
,
might
bee
admitted
the
onely
iudge
of
controuersies
;
that
the
Pope
should
haue
no
coactiue
authoritie
,
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
therein
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
our
forefathers
did
in
the
Councell
of
Basill
,
&
before
that
in
the
Councell
of
Constance
,
and
before
that
in
the
Councell
of
Pisa.
We
are
the
children
of
them
that
held
these
Councels
:
whom
seeing
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
antiquitie
,
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
authoritie
aboue
the
Pope
:
that
the
Church
may
correct
and
hath
corrected
Popes
:
Ecclesia
Catholica
Saepenumero
summos
Pontificos
,
Certum
est
Papam
errare
posse
.
[
It
is
certaine
that
Thomas
Aquinas
,
who
held
the
Pope
,
Peters
successor
,
and
Pastor
of
the
vniuersall
Church
,
they
say
thus
:
De
singularibus
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
obedience
from
the
Bishops
of
Rome
:
as
for
example
,
from
Marcellinus
,
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
47.
Now
let
Bellarmine
come
with
his
fine
distinctions
,
and
tell
vs
that
these
Councels
are
partly
confirmed
,
partly
reiocted
,
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
produce
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
Iurisdiction
:
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
fully
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
,
beginning
when
Friars
began
:
lifted
vp
by
the
winde
which
themselues
did
raise
,
for
increasing
the
Popes
pride
:
crossed
and
contradicted
,
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
other
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
Councell
of
Constance
:
who
hath
written
diuers
bookes
,
wherein
he
preferreth
the
authority
of
a
Councell
,
before
the
Popes
authoritie
,
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
question
of
Iurisdiction
.
First
he
describeth
that
spirituall
power
which
Christ
hath
left
to
his
Church
,
thus
:
Potestas
Ecclesiastica
50.
Of
this
coactiue
power
,
the
same
Gerson
saith
thus
:
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
Ecclesiae
,
&c.
Funda●…ur
in
hoc
textu
,
saith
he
,
Plenitudo
potestatis
gladis
spiritualis
&
executio
eius
in
Ecclesia
super
quemlibet
Christianum
,
quiest
frater
noster
,
etiam
si
Papa
fuerit
:
nec
accipiendum
hic
,
dic
Ecclesiae
,
id
est
Papae
;
quia
Christus
Petro
loquebatur
qui
non
dixisset
sibi
ipsi
.
That
is
,
[
The
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
decerne
the
difference
betweene
the
right
of
the
Church
and
of
Princes
.
Potestatem
Ecclesiasticam
confundit
magna
caligine
●…upiditas
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
power
ouer
the
soules
of
men
according
to
the
lawes
of
the
Gospell
:
then
to
follow
all
these
absurd
fancies
,
by
taking
away
from
the
Church
and
Magistrates
their
distinct
rights
,
and
casting
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
:
Adulatio
negat
Papāposse
Simoniacam
committere
,
quoniam
sua
sunt
omnia
Ecclesiastica
bona
:
concedit
quod
super
〈◊〉
est
,
potens
ab
altero
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
iudgement
of
these
Councels
:
Secondly
,
that
the
iudicious
and
graue
men
of
this
age
,
as
Gerson
and
such
like
,
yea
all
that
were
assembled
in
this
Councell
,
were
noted
by
these
base
flatterers
,
and
suspected
or
condemned
of
heresie
.
The
Pope
and
his
flatterers
wanted
no
good
will
then
,
to
haue
made
them
al
hereticks
.
And
it
is
to
be
obserued
that
the
heresie
which
most
of
all
troubled
the
Pope
with
his
flatterers
,
stood
in
this
pretensed
Iurisdiction
:
for
this
is
the
cause
wherefore
flatterie
,
as
Gerson
saith
,
would
haue
imputed
hereticall
prauity
to
the
Councell
:
Thirdly
,
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
Iurisdiction
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
afterward
preuailed
in
the
Councell
of
Trent
,
lifting
vp
the
priuiledges
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
branded
,
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
remedie
,
made
a
separation
indeede
from
the
Pope
,
and
his
flatterers
,
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
turned
aside
from
the
ancient
and
constant
profession
of
the
truth
,
in
doctrine
and
Iurisdiction
,
vnto
these
new
and
straunge
deuises
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
potestatem
56.
Gerson
proceedeth
,
and
of
that
Iurisdiction
which
the
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
offered
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
moderated
then
for
a
time
,
by
such
learned
men
as
were
in
greatest
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
58.
Then
if
a
Pope
make
a
departure
first
from
the
Mandates
,
Doctrines
,
and
faith
of
Saint
Peter
,
thus
going
out
of
the
bounds
of
his
power
:
in
this
case
it
is
the
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
Churches
,
there
is
nothing
done
but
that
which
the
Church
had
in
consultation
to
doe
long
before
,
in
case
the
Pope
should
persist
in
his
pride
and
transgressions
,
and
shew
himselfe
incorrigible
.
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
:
especially
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
consequently
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
59.
Now
from
that
booke
which
this
Cardinall
Cusanus
wrote
De
〈◊〉
Catholic●…
,
we
will
obserue
some
things
,
d.
in
nouo
24.
q.
loquitur
.
That
is
,
[
First
if
this
be
true
,
it
must
bee
graunted
that
Peter
receiued
some
singular
power
from
Christ
,
and
that
herein
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
Ecclesiastica
Imperator
curam
custodiae
gerit
:
And
againe
,
isto
modo
imperator
dicitur
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
beginning
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
admonitionem
61.
And
whereas
this
auncient
Iurisdiction
of
Princes
was
so
disordered
by
the
Pope
,
that
by
Papall
intrusions
and
incroachments
,
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
disorder
to
be
in
the
insatiable
couetousnes
of
the
Court
of
Rome
:
for
thus
he
saith
:
Rabidus
appetitus
ad
ipsa
terrena
Ecclesijs
annexa
Dominia
,
Episcopis
ambitiosis
hodie
inest
&c.
de
temporalibus
omnis
cura
,
de
spiritualibus
nulla
.
Non
fuit
ista
intentio
Imp●…ratorum
,
Imperiale
efficitur
Papale
,
&
spirituale
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
vnto
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
separation
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
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
collusion
.
No
man
can
be
drawen
to
such
an
opinion
by
conscience
,
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
expounding
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
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
hearken
to
them
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
Bishops
of
Rome
,
he
is
resolued
&
giueth
such
reasons
as
may
resolue
any
other
,
that
will
not
wilfully
blindfold
himselfe
(
as
many
do
that
the
blind
doctrine
of
Iesuits
may
work
more
powerfully
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
Iurisdiction
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
subiectum
Ecclesiae
verba
Christi
ostend●…nt
,
quum
Petrum
.
futurum
Papam
ad
Ecclesiam
remittat
:
dic
Ecclesiae
.
And
afterward
,
Si
haereti●…us
est
qui
Romanae
Eocle
siae
primatum
aufert
&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
vnderstandeth
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
Churches
it
had
a
Primacy
:
This
he
saith
,
not
for
the
Pope
,
but
for
the
Church
of
Rome
:
which
Church
he
holdeth
but
a
part
of
the
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
particular
,
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
which
respect
all
these
Churches
,
as
they
are
vnited
,
are
sometimes
called
the
Romane
Church
.
In
which
sense
also
I
find
that
distinction
obserued
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
mortuorum
est
,
si
opinio
vocari
debet
,
quae
idoneis
confirmatur
authoritatibus
,
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
〈◊〉
〈◊〉
Augusto
,
neque
ab
omni
clero
,
nec
à
regibus
&c.
iudicars
valeat
:
〈◊〉
●…ere
non
veretur
Rom.
Pontificem
quamuis
animas
〈◊〉
〈◊〉
ad
inferos
trahat
,
nullius
reprehensioni
fore
subi●…ctum
.
Nec
considerant
miseri
,
quia
qu●…
praedicant
tantopere
verba
,
aut
ipsa●…
summorum
Pontificum
sunt
suas
fimbri●…s
extendentium
,
aut
eorum
quieis
adulaba●…tur
.
That
is
,
[
One
saith
that
no
man
may
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
.
Neither
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
flatterers
.
]
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
Iurisdiction
:
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●…
before
he
was
Pope
could
so
freely
condemne
this
Papall
Iurisdion
:
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
auncient
Church
,
against
the
rules
of
interpretation
,
against
honestie
and
conscience
they
had
drawen
some
textes
of
Scripture
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
learned
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
otherwise
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
testimonie
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
onely
of
this
part
of
their
religion
which
now
I
handle
,
that
is
Iurisdiction
:
and
what
ground
can
any
man
finde
here
,
whereupon
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
inhibited
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
notoriously
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
driuen
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
sanctorum
doctorum
omninò
posthabuis
.
That
is
,
[
And
because
these
words
conteining
their
reasons
,
a●…e
all
answered
,
they
flie
presently
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
them
the
expositions
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
against
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
.
Lodouicus
●…ardinalis
Arelatensi●…
,
ai●…
Eugenianos
nuntios
implesse
Galliam
,
qui
〈◊〉
doctrinam
praedicantes
authoritatem
Romani
Pontificis
supra
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
distorting
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
Scriptures
:
when
we
find
not
one
or
two
,
or
a
few
;
but
the
cry
of
the
whole
Church
against
them
:
who
is
able
by
any
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
forefathers
,
that
is
the
true
,
ancient
,
vnchaunged
Catholicke
Church
.
FINIS
.