THE FIRST INCONVENIENCE EXAMINED.
THE first inconuenience growing (in the Cardinall his conceit) by entertaining
the Article of the third Estate (whereby the Kings of France are declared to be
indeposeable by any superiour power spirituall or temporall) is this:
It offereth
force to the conscience, vnder the penaltie of Anathema, to condemne a doctrine be-
leeued and practised in the Church, in the continuall current of the last eleuen hun-
dred yeeres. In these words he maketh a secret confession, that in the first flue
hundred yeeres, the same doctrine was neither apprehended by faith, nor ap-
prooued by practise. Wherein, to my vnderstanding, the L. Cardinall volun-
tarily giueth ouer the suite: For the Church in the time of the Apostles, their
disciples, and successors, for 500. yeeres together, was no more ignorant what
authoritie the Church is to challenge ouer Emperours and Kings, then at any
time since in any succeeding aage; in which as pride hath still flowed to the height
of a full Sea, so puritie of religion and manners hath kept for the most part at a
lowe water marke. Which point is the rather to be considered, for that during
the first 500. yeeres, the Church groned vnder the heauy burthen, both of heathen
Emperours, and of hereticall Kings; the Visigot Kings in Spaine, and the Vandals
in Africa. Of whose displeasure the Pope had small reason or cause to stand in
any feare, beeing so remote from their dominions, and no way vnder the lee of their
Soueraigntie.
But let vs come to see, what aide the L. Cardinall hath amassed and piled
together out of latter histories: prouided wee still beare in mind, that our ques-
tion is not of popular tumults, nor of the rebellion of subjects making insurrec-
tions out of their owne discontented spirits and brainesicke humors, nor of law-
full Excommunications, nor of Canonicall censures and reprehensions; but onely
of a iuridicall sentence of deposition, pronounced by the Pope, as armed with
ordinary and lawfull power to depose, against a Soueraigne Prince.
Now then, The L. Cardinall
1 sets on, and giues the first charge with
Anasta-
sius the Emperour, whom
Euphemius Patriarke of Constantinople would neuer
acknowledge for Emperour: (that is to say, would neuer consent he should be
created Emperour by the helpe of his voice or suffrage) except he would first
subscribe to the
Chalcedon Creed: notwithstanding the great Empresse and Sen-
ate sought by violent courses and practises to make him yeeld. And when after-
ward the said Emperour, contrary to his oath taken, played the relaps by falling
into his former heresie, and became a persecutor; he was first admonished, and
then excommunicated by
Symmachus Bishop of Rome. To this the L. Cardinall
addes, that when the said Emperour was minded to choppe the poison of his
hereticall assertions into the publique formes of diuine seruice, then the people
of Constantinople made an vproare against
Anastasius their Emperour; and one
of his Commanders by force of armes, constrained him to call backe certaine
Bishops whom he had sent into banishment before.
In this first example the L. Cardinall by his good leaue, neither comes close to
the question, nor salutes it a farre off.
Euphemius was not Bishop of Rome:
Anastasius was not deposed by
Euphemius; the Patriarch onely made no way
to the creating of
Anastasius. The suddaine commotion of the base multitude
makes nothing, the rebellion of a Greeke Commaunder makes lesse, for the author-
izing of the Pope to depose a Soueraigne Prince. The Greeke Emperour was ex-
communicated by Pope
Symmachus: who knowes whether that be trew or
forged ? For the Pope himselfe is the onely witnesse here produced by the L.
Cardinall vpon the point: and who knowes not how false, how supposititious, the
writings and Epistles of the auncient Popes are iustly esteemed ? But graunt it
a trewth; yet
Anastasius excommunicated by Pope
Symmachus, is not
Anastasius
deposed by Pope
Symmachus. And to make a full answere, I say further, that
excommunication denounced by a forraine Bishop, against a party not beeing
within the limits of his iurisdiction, or one of his owne flocke, was not any barre
to the party from the communion of the Church, but onely a kind of publication,
that he the said Bishop in his particular, would hold no further communion with
any such party.
For proofe whereof, I produce the Canons of the Councils held at Carthage.
In one of the said Canons it is thus prouided and ordained;
2
If any Bishop shall
wilfully absent himselfe from the vsuall and accustomed Synodes, let him not be
admitted to the communion of other Churches, but
let him onely vfe the benefit
and libertie of his owne Church. In an other of the same Canons thus;
3
If a Bishop
shall insinuate himselfe to make a conueiance of his Monasterie, and the ordering
thereof vnto a Monke of any other Cloister; let him be cut off,
let him be sepa-
rated from the communion with other Churches and content himselfe to liue in
the communion of his owne flocke. In the same sense
Hilarius Bishop of Poictiers
excommunicated
Liberius 4 Bishop of Rome, for subscribing to the Arrian Con-
fession. In the same sense,
Iohn Bishop of Antioch excommunicated
Celestine of
Rome, and
Cyrill of Alexandria, Bishops; for proceeding to sentence against
Nestorius, without staying his comming to answere in his owne cause. In the
same sense likewise,
Victor Bishop of Rome did cut off all the Bishops of the East,
not from the communion of their owne flocke, but from communion with
Victor
and the Romane Church. What resemblance, what agreement, what propor-
tion, betweene this course of excommunication, and that way of vniust fulmina-
tion which the Popes of Rome haue vsurped against Kings, but yet certaine long
courses of time after that auncient course ?
And this may stand for a full answere likewise to the example of
Clotharius.5
This ancient King of the French, fearing the censures of Pope
Agapetus, erected
the Territorie of Yuetot vnto the title of a Kingdome, by way of satisfaction for
murdering of
Gualter, Lord of Yuetot. For this example the L. Cardinall hath
ransackt records of 900. yeares antiquitie and vpward; in which times it were
no hard piece of worke to shew, that Popes would not haue any hand, nor so
much as a finger in the affaires and acts of the French Kings.
Gregorie of Tours
that liued in the same aage, hath recorded many acts of excesse, and violent
iniuries done against Bishops by their Kings, and namely against
Praetextatus
Bishop of Roan; for any of which iniurious prankes then played, the Bishop of
Rome durst not reprooue the said Kings with due remonstrance. But see heere
the words of
Gregorie himselfe to King
Chilperic: If any of vs, 0 King, shall
swarue from the path of Iustice, him hast thou power to punish: But in case thou
shalt at any time transgresse the lines of equitie, who shall once touch thee with re-
proofe ? To thee wee speake, but are neuer heeded and regarded, except it be thy
pleasure: and bee thou not pleased, who shall challenge thy greatnesse, but hee that
iustly challengeth to bee Iustice it selfe ? The good Bishop, notwithstanding these
humble remonstrances, was but roughly entreated, and packt into exile, being
banished into the Isle of Guernsay. But I am not minded to make any deepe
search or inquisition, into the titles of the Lords of Yuetot; whose honourable
priuiledges and titles are the most honourable badges and cognizances of their
Ancestours, and of some remarkeable seruice done to the Crowne of France: so
farre I take them to differ from a satisfaction for sinne: And for the purpose I
onely affirme, that were the credit of this historie beyond all exception, yet makes
it nothing to the present question, Wherein the power of deposing, and not of
excommunicating supreme Kings, is debated. And suppose the King by Charter
granted the said priuiledges for feare of Excommunication; how is it prooued
thereby, that Pope
Agapetus had lawfull and ordinary power to depriue him of
his Crowne? Nay, doubtlesse it was rather a meanes to eleuate and aduance the
dignitie of the Crowne of France, and to style the French King, a King of Kings,
as one that was able to giue the qualitie of King, to all the rest of the Nobles and
Gentry of his Kingdome. Doeth not some part of the Spanish Kings greatnesse,
consist in creating of his, great ?
In the next place followeth
Gregorie I.
6 who in the 10. Epistle of the 11. booke,
confirming the priuiledges of the Hospitall at
Augustodunum in
Bourgongne, pro-
hibiteth all Kings and Prelates whatsoeuer, to infringe or diminish the said
priuiledges, in whole or in part. His formall and expresse words bee these:
If
any King, Prelate, Iudge, or any other Secular person, informed of this our Constuti-
tion, shall presume to goe or doe contrary thereunto, let him bee cast downe from his
power and dignitie. I answere; the Lord Cardinall heere wrongs himselfe very
much, in taking imprecations for Decrees. Might not euen the meanest of the
people vse the same tenour of words, and say ? If any shall touch the life, or the
most sacred Maiestie of our Kings, be he Emperour, or be he Pope, let him bee
accursed; let him fall from his eminent place of authoritie; let him lose his
dignitie; let him tumble into beggerie, diseases, and all kindes of calamities ?
I forbeare to shew how easie a matter it is for Monkes, to forge titles after their
owne humour, and to their owne liking, for the vpholding and maintaining of
their priuiledges. As for the purpose, the same
Gregorie citeth in the end of his
Epistles another priuiledge, of the like stuffe and stampe to the former, granted
to the Abbey of
S. Medard at Soissons: It is fenced with a like clause to the other;
But of how great vntrewth, and of how little weight it is, the very date that it
beareth, makes manifest proofe: For it runs, Dated the yeere of our Lords In-
carnation 593. the 11. Indiction; whereas the 10. Indiction agreeth to the yeere
593. Besides, it was not
Gregories maner to date his Epistles, according to the
yeere of the Lord. Againe, the said priuiledge was signed by the Bishops of
Alexandria and Carthage, who neuer knew (as may well bee thought) whether
any such Abbey of S.
Medard, or citie of Soissions, was euer built in the world.
Moreouer, they signed in the thickest of a crowd as it were of Italian Bishops.
Lastly, hee that shall reade in this
Gregories Epistles, with what spirit of reuerence
and humilitie he speaketh of Emperours, will hardly beleeue that euer hee armed
himselfe with authoritie to giue or to take away Kingdomes. Hee styles him-
selfe
7The Emperours vnworthie seruant: presuming to speake vnto his Lord, when
he knowes himselfe to bee but dust and a very worme: Hee professeth subiection vnto
the Emperours commands, euen to the publishing of a certaine Law of the Emperours
which in his iudgement somewhat iarred and iustled with Gods Law; as elsewhere I
haue spoken more at large.
The L. Cardinall next bringeth vpon the stage
Iustinian II.
8 Hee, being in
some choller with
Sergius Bishop of Rome, because hee would not fauour the
erroneous Synode of Constantinople, would haue caused the Bishop to bee ap-
prehended by his Constable
Zacharias. But by the Romane
Militia, (that is,
the troupes which the Emperour then had in Italie)
Zacharias was repulsed and
hindered from his deseigne, euen with opproborius and reproachfull termes. His
Lordship must haue my shallownesse excused, if I reach not his intent by this
Allegation; wherein I see not one word of deposing from the Empire, or of any
sentence pronounced by the Pope.
Heere are now 712. yeeres expired after the birth of Iesus Christ: in all which
long tract of time, the L. Cardinal hath not light vpon any instance, which might
make for his purpose with neuer so little shew: For the example of the Emperor
Philippicus9by the Cardinal alledged next in sequence, belongeth to the yeere
713. And thus lies the historie: This Emperour
Philippicus Bardanes, was a
professed enemie to the worshipping of Images, and commanded them to be
broken in pieces. In that very time the Romane Empire was ouerthrowen in the
West, and sore shaken by the Saracenes in the East. Besides those miseries, the
Emperour was also incumbred with a ciuill and intestine warre. The greatest
part of Italie was then seized by the Lombards, and the Emperour in Italie had
nothing left saue onely the Exarchat of Rauenna, and the Dutchie of Rome, then
halfe abandoned by reason of the Emperours want of forces. Pope
Constantine
gripes this occasion whereon to ground his greatnesse, and to shake off the yoke
of the Emperour his Lord, Undertakes against
Philippicus the cause of Images:
by a Councel declares the Emperour Heretique: Prohibites his rescripts or coine
to bee receiued, and to goe current in Rome: Forbids his Imperiall statue to bee
set vp in the Temple, according to ancient custome: The tumult groweth to a
height: The Pope is principall promoter of the tumult: In the heate of the tumult
the Exarche of Rauenna loseth his life. Here see now the mutinie of a subiect
against his Prince, to pull from him by force and violence a citie of his Empire.
But who seeth in all this any sentence of deposition from the Imperiall dignitie ?
Nay, the Pope then missed the cushion, and was disappointed vtterly of his pur-
pose: The citie of Rome stood firme, and continued still in their obedience to the
Emperour.
About some 12. yeeres after, the Emperour
Leo Isauricus 10 (whom the Lord
of Perron calleth
Iconoclast) falles'to fight it out at sharpe, and to prosecute
worshippers of Images with all extremitie. Vpon this occasion, Pope
Gregory 2.
then treading in the steps of his predecessor, when he perceiued the citie of Rome
to be but weakely prouided of men or munition, and the Emperour to haue his
hands full in other places, found such meanes to make the citie rise in rebellious
armes against the Emperour, that he made himselfe in short time master thereof.
Thus farre the Lord Cardinall, whereunto my answere for satisfaction is; that
degrading an Emperour from his Imperiall dignitie, and reducing a citie to reuolt
against her Master, that a man at last may carry the piece himselfe, and make
himselfe Lord thereof, are two seuerall actions of speciall difference. If the free-
hold of the citie had beene conueied to some other by the Pope depriuing the
Emperour, as proprietarie thereof, this example might haue challenged some
credit at least in shew: but so to inuade the citie to his owne vse, and so to seize
on the right and authority of another, what is it but open rebellion, and notorious
ambition ? For it is farre from Ecclesiasticall censure, when the spirituall Pastor
of soules forsooth, pulles the cloake of a poore sinner from his backe by violence,
or cuts his purse, and thereby appropriates an other mans goods to his priuate
vse. It is to be obserued withall, that when the Emperours were not of sufficient
strength, and Popes had power to beard and to braue Emperours, then these
Papall practises were first set on foot. This Emperour notwithstanding, turned
head and peckt againe: his Lieutenant entred Rome, and
Gregorie 3. successor
to this
Gregorie 2. was glad to honour the same Emperour with style and title of
his Lord: witnesse two seuerall Epistles of the said
Gregorie 3.
11 written to
Boni-
face, and subscribed in this forme:
Dated the tenth Calends of December: In the
raigne of our most pious and religious Lord, Augustus Leo, crowned of God, the
great Emperour, in the tenth yeere of his raigne.
The L. Cardinall with no lesse abuse alleadgeth Pope
Zacharie, by whom the
French, as he affirmeth, were absolued of the oath of allegiance, wherein they
stood bound to
Childeric their King: And for this instance, he standeth vpon
the testimonie of
Paulus Aemilius, and
du Tillet, a paire of late writers. But by
authors more neere that aage wherin
Childeric raigned, it is more trewly testified,
that it was a free and voluntarie act of the French, onely asking the aduise of
Pope
Zacharie, but requiring neither leaue nor absolution.
Ado Bishop of
Vienna,
in his Chronicles hath it after this manner:
The French, following the Counsell of
Embassadors, and of Pope, Zachary
elected Pepin
their King, and established him
in the Kingdome. Trithemius in his abridgement of Annals, thus: Childeric,
as
one vnfit for gouernement, was turned out of his Kingdome, with common consent of
the Estates and Peeres of the Realme, so aduised by Zacharie Pope of Rome, God-
fridus of
Viterbe in the 17. part of his Chronicle; and
Guauguin in the life of
Pepin,
affirme the same. And was it not an easie matter to worke
Pepin by counsell to
lay hold on the Kingdome, when he could not be hindered from fastening on the
Crowne, and had already seizd it in effect, howsoeuer he had not yet attained to
the name of King ? Moreouer, the rudenesse of that Nation, then wanting
knowledge and Schooles either of divinitie, or of Academicall sciences, was a
kind of spurre to make them runne for counsell ouer the mountaines: which
neuerthelesse in a cause of such nature, they required not as necessary, but onely
as decent and for fashion sake. The Pope also for his part was well appaied, by
this meanes to draw
Pepin vnto his part; as one that stood in some neede of his
aide against the Lombards; and the more, because his Lord the Emperour of
Constantinople was then brought so low, that hee was not able to send him suf-
ficient aide, for the defence of his territories against his enemies. But had
Zacha-
rie (to deale plainely) not stood vpon the respect of his owne commodity, more
then vpon the regard of Gods feare; he would neuer haue giuen counsell vnto the
seruant, vnder the pretended colour of his Masters dull spirit, so to turne rebell
against his Master. The Lawes prouide Gardians, or ouerseers, for such as are
not well in their wits; they neuer depriue and spoile them of their estate: they
punish crimes, but not diseases and infirmities by nature. Yea, in France it is
a very auncient custome, when the King is troubled in his wits to establish a
Regent, who for the time of the Kings disability, may beare the burden of the
Kingdomes affaires. So was the practise of that State in the case of
Charles 6.
when hee fell into a phrensie; whom the Pope notwithstanding his most grieuous
and sharpe fits, neuer offered to degrade. And to be short, what reason, what
equity will beare the children to be punished for the fathers debilitie ? Yet such
punishment was laid vpon
Childerics whole race and house; who by this practise
were all disinherited of the Kingdome. But shall wee now take some view, of
the L. Cardinals excuse for this exemplarie fact ? The cause of
Childerics12 de-
posing, (as the L. Cardinall saith) did neerely concerne and touch Religion: For
Childerics imbecillity brought all France into danger, to suffer a most wofull
shipwracke of Christian religion, vpon the barbarous and hostile inuasion of the
Saracens. Admit now this reason had beene of iust weight and value, yet con-
sideration should haue beene taken, whether some one or other of that Royall
stemme, and of the Kings owne successors neerest of blood, was not of better
capacity to rule and mannage that mighty State. The feare of vncertaine and
accidentall mischiefe, should not haue driuen them to flie vnto the certaine mis-
chiefe of actuall and effectuall deposition. They should rather haue set before
their eies the example of
Charles Martel, this
Pepins father; who in a farre more
eminent danger, when the Saracens had already mastered, and subdued a great
part of France, valiantly encountred, and withall defeated the Saracens; ruled
the Kingdome vnder the title of
Steward of the Kings house, the principall Officer
of the Crowne; without affecting or aspiring to the Throne for all that great step
of aduantage, especially when the Saracens were quite broken, and no longer
dreadfull to the French Nation.
In our owne Scotland, the sway of the Kingdome was in the hand of
Walles,
during the time of
Bruse his imprisonment in England, who then was lawfull
heire to the Crowne. This
Walles or
Vallas had the whole power of the King-
dome at his becke and command. His Edicts and ordinances to this day stand
in full force. By the deadly hatred of
Bruse his mortall enemie, it may be con-
iectured, that he might haue bene prouoked and inflamed with desire to trusse
the Kingdome in his tallants. And notwithstanding all these incitements, he
neuer assumed or vsurped other title to himselfe, then of Gouernour or Adminis-
tratour of the Kingdome. The reason: Hee had not beene brought vp in this
new doctrine and late discipline, whereby the Church is endowed with power to
giue and to take away Crownes. But now (as the L. Cardinall would beare the
world in hand) the state of Kings is brought to a very dead lift. The Pope for-
sooth must send his Physicians, to know by way of inspection or some other course
of Art, whether the Kings braine be cract or sound: and in case there be found any
debilitie of wit and reason in the King, then the Pope must remooue and translate
the Crowne, from the weaker braine to a stronger: and for the acting of the
stratageme, the name of Religion must be pretended. Ho, these Heretikes be-
gin to crawle in the Kingdome: order must bee taken they bee not suffered by
their multitudes and swarmes, like locusts or caterpillers to pester and poison
the whole Realme. Or in a case of Matrimony, thus: Ho, marriage is a Sacra-
ment: touch the Order of Matrimonie, and Religion is wounded. By this deuice
not onely the Kings vices, but likewise his naturall diseases and infirmities are
fetcht into the circle of Religion; and the L. Cardinall hath not done himselfe
right, in restraining the Popes power to depose Kings, vnto the cases of Heresie,
Apostasie, and persecution of the Church.
In the next place followeth
Leo III. who by setting the Imperial Crowne vpon
the head of
Charles, absolued all the Subiects in the West, of their obedience to
the Greeke Emperours, if the L. of Perron might bee credited in this Example.
But indeed it is crowded among the rest by a slie trick, and cleane contrary to
the naked trewth of all histories: For it shall neuer be iustified by good historie,
that so much as one single person or man (I say not one Countrey, or one people)
was then wrought or wonne by the Pope to change his copy and Lord, or from a
subiect of the Greeke Emperours, to turne subiect vnto
Charlemaine. Let me
see but one Towne that
Charlemaine recouered from the Greeke Emperours, by
his right and title to his Empire in the West: No, the Greeke Emperours had
taken their farewell of the West Empire long before: And therefore to nicke this
vpon the tallie of Pope
Leo his Acts, that he tooke away the West from the Greeke
Emperour, it is euen as if one should say, that in this aage the Pope takes the
Dukedome of
Milan from the French Kings, or the citie of Rome from the Em-
perours of Germanie, because their Predecessours in former aages had beene right
Lords and gouernours of them both. It is one of the Popes ordinary and solemne
practises to take away, much after the maner of his gluing. For as he giueth
what he hath not in his right and power to giue, or bestoweth vpon others what
is already their owne; euen so he taketh away from Kings and Emperors the
possessions which they haue not in present hold and possession. After this maner
he takes the West from the Greeke Emperors, when they hold nothing in the West,
and lay no claime to any citie or towne of the West Empire. And what shall wee
call this way of depriuation, but spoiling a naked man of his garments, and killing
a man already dead ? Trew it is the Imperiall Crowne was then set on
Charle-
maines head by
Leo the Pope: did
Leo therefore giue him the Empire ? No more
then a Bishop that crownes a King, at his Royall and solemne consecration, doeth
giue him the Kingdome: For shall the Pope himselfe take the Popedome from
the Bishop of
Ostia as of his gift, because the crowning of the Pope is an Office of
long time peculiar to the
Ostian Bishop ? It was the custome of Emperours, to
be crowned Kings of Italy by the hands of the Archbishop of
Milan: did he
therefore giue the Kingdome of Italy to the said Emperours ? And to returne
vnto
Charlemaine; If the Pope had conueyed the Empire to him by free and
gracious donation, the Pope doubtlesse in the solemnitie of his coronation, would
neuer haue perfourmed vnto his owne creature, an Emperour of his owne making
the dueties of adoration, as
Ado that liued in the same aage, hath left it on record:
After the solemne prayses ended (saith
Ado) the chiefe Bishop honoured him with
adoration,13 according to the custome of ancient Princes. The same is likewise put
downe by
Auentine,
14 in the 4. booke of his Annals of
Bauaria. The like by the
President
Fauchet in his Antiquities: and by
Monsieur Petau Counsellour in the
Court of Parliament at
Paris, in his Preface before the Chronicles of
Eusebius,
Hierome, and
Sigebert.
15It was therefore the people of
Rome, that called this
Charles the Great vnto the Imperiall dignitie, and cast on him the title of Em-
perour. So testifieth
Sigebert vpon the yeere 801.
All the Romanes with one
generall voice and consent, ring out acclamations of Imperiall praises to the Emperour,
they crowne him by the hands of Leo
the Pope, they giue him the style of Caesar
and
Augustus.
Marianus Scotus16 hath as much in effect: Charles
was then called
Augustus
by the Romanes. And so
Platina:17 After the solemne seruice, Leo
de-
clareth and proclaimeth Charles
Emperour, according to the publike Decree and gen-
erall request of the people of Rome.
Auentine,
18 and
Sigonius in his 4. booke of the
Kingdome of
Italie witnesse the same. Neuerthelesse, to gratifie the L. Cardinall;
Suppose Pope
Leo dispossessed the Greeke Emperours of the West Empire: What
was the cause? what infamous acte had they done? what prophane and irreli-
gious crime had they committed ?
Nicephorus and
Irene, who reigned in the Greeke
Empire in
Charlemaines time, were not reputed by the Pope, or taken for Here-
tikes. How then ? The L. Cardinall helpeth at a pinch, and putteth vs in
minde, that
Constantine and
Leo, predecessours to the said Emperours, had beene
poysoned with Heresie, and stained with persecution. Here then behold an Or-
thodoxe Prince deposed: For what cause ? for Heresie forsooth, not in himselfe,
but in some of his Predecessors long before. An admirable case: For I am of a
contrary minde, that he was worthy of double honour, in restoring and setting
vp the trewth againe, which vnder his predecessors had endured oppression, and
suffered persecution. Doubtlesse Pope
Siluester was greatly ouerseene, and
played not well the Pope, when hee winked at
Constantine the Great, and cast
him not downe from his Imperiall Throne, for the strange infidelitie and Pagan-
isme of
Diocletian, of Maximian, and
Maxentius, whom
Constantine succeeded in
the Empire.
From this example the L. of
Perron passeth to
Fulke Archbishop of
Reims:19
by whom
Charles the Simple was threatned with Excommunication, and refusing
to continue any longer in the fidelity and allegiance of a subject. To what pur-
pose is this example ? For who can be ignorant, that all aages haue brought forth
turbulent and stirring spirits, men altogether forgetfull of respect and obseruance
towards their Kings, especially when the world finds them shallow and simple-
witted, like vnto this Prince ? But in this example, where is there so much as one
word of the Pope, or the deposing of Kings ?
Here the L. Cardinall chops in the example of
Philip I.
20 King of France but
mangled, and strangely disguised, as hereafter shall be shewed.
At last he leadeth vs to
Gregory VII.
21 surnamed
Hildebrand, the scourge of
Emperours, the firebrand of warre, the scorne of his aage. This Pope, after he
had (in the spirit of pride, and in the very height of all audaciousnesse) thundred
the sentence of excommunication and deposition, against the Emperour
Henry
IIII, after he had enterprised this act without all precedent example: after he
had filled all Europe with blood: this Pope, I say, sunke downe vnder the weight
of his affaires, and died as a fugitiue at
Salerne, ouerwhelmed with discontent
and sorrow of heart: Here lying at the point of giuing vp the ghoast, calling vnto
him (as it is in
Sigebert 22) a certaine Cardinall whom he much fauoured,
He con-
fesseth to God, and Saint Peter,
and the whole Church, that he had beene greatly de-
fectiue in the Pastorall charge committed to his care; and that by the Deuils instiga-
tion, he had kindled the fire of Gods wrath and hatred against mankind: Then hee
sent his Confessor to the Emperour, and to the whole Church to pray for his pardon,
because hee perceiued that his life was at an end. Likewise Cardinall
Benno that
liued in the said
Gregories time, doth testifie,
That so soone as he was risen out of
his Chaire to excommunicate the Emperour from his Cathedrall seate: by the will of
God the said Cathedrall seate, new made of strong board or plancke, did cracke and
cleaue into many pieces or parts; to manifest how great and terrible Schismes had
beene sowen against the Church of Christ, by an excommunication of so dangerous
consequence, pronounced by the man that had sit Iudge therein. Now to bring and
alleadge the example of such a man, who by attempting an act which neuer any
man had the heart or face to attempt before, hath condemned all his predecessors
of cowardise, or at least of ignorance, what is it else, but euen to send vs to the
schoole of mightie robbers, and to seeke to correct and reforme ancient vertues
by late vices ? Which
Otho Frisingensis 23 calling into his owne priuate considera-
tion, hee durst freely professe,
that hee had not reade of any Emperour before this
Henry
the IIII. excommunicated or driuen out of his Imperiall Throne and King-
dome by the chiefe Bishop of Rome. But if this quarrell may be tryed and fought
out with weapons of examples, I leaue any indifferent reader to iudge what ex-
amples ought in the cause to be of chiefest authority and weight; whether late
examples of Kings deposed by Popes, for the most part neuer taking the intended
effect; or auncient examples of Popes actually and effectually thrust out of their
thrones by Emperours and Kings.
The Emperour
Constantius expelled
Liberius Bishop of Rome out of the citie:
banished him as farre as
Beroe, and placed
Foelix in his roome.
24 Indeed
Con-
stantius was an Arrian, and therein vsed no lesse impious then vniust proceeding,
Neuerthelesse, the auncient Fathers of the Church, doe not blame
Constantius
for his hard and sharpe dealing with a chiefe Bishop, ouer whom hee had no law-
full power, but onely as an enemie to the Orthodoxe faith, and one that raged with
extreame rigour of persecution against innocent beleeuers.
In the raigne of
Valentinian the I.
254 and yeare of the Lord 367. the contention
betweene
Damasus and
Vrcisinus competitors for the Bishopricke, filled the citie
of Rome with a bloody sedition, in which were wickedly and cruelly murdered
137. persons. To meet with such turbulent actions,
Honorius made a law extant
in the Decreetalls,
265 the words whereof be these;
If it shall happen henceforth by
the temeritie of competitors, that any two Bishops be elected to the See, we straitly
charge and command that neither of both shall sit in the said See. By vertue of this
Law, the same
Honorius in the yeare 420. expelled
Bonifacius and
Eulalius,
27 com-
petitors and Antipopes out of Rome, though not long after he reuoked
Bonifacius
and setled him in the Papall See.
Theodoric the Goth King of Italy, sent
Iohn Bishop of Rome Embassador to
the Emperour Iustinian, called him home againe, and clapt him vp in the close
prison, where he starved to death. By the same King,
Peter Bishop of Altine
was dispatched to Rome, to heare the cause and examine the processe of Pope
Symmachus, then indited and accused of sundry crimes.
28
King
Theodatus about the yeare 537. had the seruice of Pope
Agapetus, as his
Embassadour to the Emperour
Iustinian, vpon a treatie of peace.
Agapetus
dying in the time of that seruice,
Syluerius is made Bishop by
Theodatus. Not
long after,
Syluerius is driuen out by
Belisarius the Emperour his Lieutenant, and
sent into banishment. After
Syluerius next succeedeth
Vigilius, who with cur-
rant coine purchased the Popedome of
Belisarius. The Emperour Iustinian
sends for
Vigilius to Constantinpole, and receiues him there with great honour.
Soone after, the Emperour takes offence at his freenesse in speaking his mind,
commands him to bee beaten with stripes in manner to death, and with a roape
about his necke to be drawne through the city like a thiefe, as
Platina relates the
historie.
Nicephorus in his 26. booke, and 17. chapter, comes very neere the same
relation.
29
The Emperour
Constantius, in the yeere 654. caused Pope
Martin to be bound
with chaines, and banished him into Chersonesus, where he ended his life. The
Popes in that aage writing to the Emperours, vsed none but submissiue tearmes,
by way of most humble supplications; made profession of bowing the knee be-
fore their sacred Maiesties, and of executing their commaunds with entire obedi-
ence; payed to the Emperours twenty pound weight of gold for their Inuestiture;
which tribute was afterward released and remitted, by
Constantine the
Bearded,
to Pope
Agatho, in the yeere 679. as I haue obserued in an other place.
30
Nay further, euen when the power and riches of the Popes was growne to
great height, by the most profuse and immense munificence of
Charlemayne and
Lewis his sonne; the Emperours of the West did not relinquish and giue ouer the
making and vnmaking of Popes, as they saw cause. Pope
Adrian I. willingly
submitted his necke to this yoke: and made this Law to be passed in a Councill,
that in
Charlemayne should rest a right and power for the Popes election, and
for the gouernement of the Papall See. This Constitution is incerted in the
De-
cretals, Distinct. 63. Can.
31 Hadrianus, and was confirmed by the practise of
many yeeres.
In the yeere of the Lord 963. the Emperour
Otho tooke away the Popedome
from
Iohn 13. and placed
Leo 8. in his roume. In like maner,
Iohn 14. Gregory 5.
and
Siluester 2. were seated in the Papall Throne by the
Othos.
The Emperour
Henrie 2. in the yeere 1007. deposed three Popes, namely,
Bendict 9. Siluester 3. and
Gregorie 6. whom
Platina doeth not sticke to call, three
most detestable and vile monsters.
32 This custome continued, this practise stood
in force for diuers aages, euen vntill the times of
Gregorie 7. by whom the whole
West was tossed and turmoiled with lamentable warres, which plagued the world,
and the Empire by name with intolerable troubles and mischiefes. For after the
said
Gregorian warres, the Empire fell from bad to worse, and so went on to decay,
till Emperours at last were driuen to beg, and receiue the Imperiall Crowne of
the Pope.
The Kingdome of
France met not with so rude entreatie, but was dealt withall
by courses of a milder temper.
Gregorie 4. about the yeere of the Lord, 832, was the
first Pope that perswaded himselfe to vse the censure of Excommunication against
a King of
France. This Pope hauing a hand in the troublesome factions of the
Realme, was nothing backward to side with the sonnes of
Lewis surnamed the
Courteous, by wicked conspiracie entring into a desperate course and complot
against
Lewis their owne father; as witnesseth
Sigebert in these words,
Pope
Gregorie
comming into France,
ioyned himselfe to the sonnes against the Emperour
their Father. But Annals
33 of the very same times, and hee that furbushed
Aimo-
nius, a Religious of S.
Benedicts Order, doe testifie, that all the Bishops of
France
fell vpon this resolution; by no means to rest in the Popes pleasure, or to giue
any place vnto his designe: and contrariwise,
In case the Pope should proceed to
Excommunication of their King, hee should returne out of France
to Rome
an ex-
communicate person himselfe. The Chronicle of S.
Denis hath words in this forme:
The Lord Apostolicall returned answere, that hee was not come into France,
for any
other purpose, but onely to excommunicate the King and his Bishops, if they would
bee in any sort opposite vnto the sonnes of Lewis,
or disobedient vnto the will and
pleasure of his Holinesse: The Prelates enformed heereof, made answere, that in this
case they would neuer yeeld obedience to the Excommiuncation of the said Bishops;
because it was contrary to the authoritie and aduise of the ancient Canons.
After these times, Pope
Nicolas I. depriued King
Lotharius of Communion
(for in those times not a word of deposing) to make him repudiate or quit
Val-
drada, and to resume or take againe
Thetherga his former wife. The Articles
framed by the French vpon this point, are to bee found in the writing of
Hincma-
rus, Archibishop of
Reims, and are of this purport; that in the iudgement of men
both learned and wise, it is an ouerruled case, that as the King whatsoeuer hee
shall doe, ought not by his owne Bishops to be excommunicated, euen so no for-
reine Bishop hath power to sit for his Iudge: because the King is to be subject
onely vnto God, and his Imperiall authoritie, who alone had the all-sufficient
power to settle him in his Kingdome. Moreouer, the Clergie addressed letters of
answere vnto the same Pope, full of stinging and bitter termes, with speaches
of great scorne and contempt, as they are set downe by
Auentine,
34 in his Annals
of
Bauaria, not forbearing to call him
thiefe, wolfe, and tyrant.
When Pope
Hadrian tooke vpon him like a Lord, to command
Charles the
Bald vpon paine of interdiction, that hee should suffer the Kingdome of
Lotharius
to bee fully and entirely conueyed and conferred vpon
Lewis his sonne; the same
Hincmarus, a man of great authoritie and estimation in that aage, sent his
letters conteining sundry remonstrances touching that subject: Among other
matters thus he writeth,
The Ecclesiastics and Seculars of the Kingdome assembled
at Reims,
haue affirmed and now doe affirme by way of reproach, vpbraiding, and ex-
probation, that neuer was the like Mandate sent before from the See of Rome
to any
of our predecessours. And a little after:
The chiefe Bishops of the Apostolike See,
or any other Bishops of the greatest authoritie and holinesse, neuer withdrew them-
selues from the presence, from the reuerend salutation, or from the conference of
Emperours and Kings, whether Heretikes, or Schismatikes and Tyrants: as Con-
stantius
the Arrian, Iulianus
the Apostata, and Maximus
the Tyrant. And yet a
little after;
Wherefore if the Apostolike Lord bee minded to seeke peace, let him seeke
it so, that he stirre no brawles, and breed no quarrels: For we are no such babes to
beleeue, that we can or euer shall attaine to Gods Kingdome, unlesse wee receiue him
for our King in earth, whom God himself recommendeth to vs from heauen. It is
added by
Hincmarus in the same place, that by the said Bishops and Lords Tem-
porall, such threatning words were blowen forth, as hee is afraid once to speake
and vtter. As for the King himselfe, what reckoning hee made of the Popes
mandates, it appeareth by the Kings owne letters addressed to Pope
Hadrianus,
as we may reade euery where in the Epistles of
Hincmarus. For there, after King
Charles hath taxed and challenged the Pope of pride, and hit him in the teeth
with a spirit of vsurpation, hee breaketh out into these words:
What Hell hath
cast vp this law so crosse and preposterous ? what infernal gulph hath disgorged
this law out of the darkest and obscurest dennes ? a law quite contrary, and altogether
repugnant vnto the beaten way shewed vs in the holy Scriptures, &c. Yea, he flatly
and peremptorily forbids the Pope, except he meane or desire to be recompensed
with dishonour and contempt, to send any more the like Mandates, either to
himselfe, or to his Bishops.
Vnder the reigne of
Hugo Capetus and
Robert his sonne, a Councell now extant
in all mens hands, was held and celebrated at
Reims by the Kings authoritie.
There
Arnulphus Bishop of
Orleans, then Prolocutor and Speaker of the Councel,
calls the Pope Antichrist, and lets not also to paint him forth like a monster: as
well for the deformed and vgly vices of that vnholy See, which then were in
their exaltation, as also because the Pope then wonne with presents, and namely
with certaine goodly horses, then presented to his Holinesse, tooke part against
the King, with
Arnulphus Bishop of
Reims, then dispossessed of his Pastorall
charge.
When
Philip I. had repudiated his wife
Bertha, daughter to the Earle of
Hol-
land; and in her place had also taken to wife
Bertrade the wife of
Fulco Earle
of
Aniou yet being aliue; hee was excommunicated, and his Kingdome interdicted
by
Vrbanus then Pope, (though he was then bearded with an Antipope) as the L.
Cardinal here giueth vs to vnderstand. But his Lordship hath skipt ouer two
principall points recorded in the historie. The first is, that
Philip, was not de-
posed by the Pope: whereupon it is to be inferred, that in this passage there is
nothing materiall to make for the Popes power against a Kings Throne and Scep-
ter. The other point is, that by the censures of the Pope, the course of obedience
due to the King before was not interrupted, nor the King disauowed, refused, or
disclaimed: but on the contrary, that
Iuo of
Charytres taking Pope
Vrbanus part,
was punished for his presumption, dispoyled of his estate, and kept in prison:
whereof he makes complaint himselfe in his 19. and 20. Epistles. The L. Cardinall
besides, in my vnderstanding for his Masters honour, should haue made no words
of interdicting the whole Kingdome. For when the Pope, to giue a King chastise-
ment, doeth interdict his Kingdome, hee makes the people to beare the punish-
ment of the Kings offence: For during the time of interdiction, the Church doores
through the whole Kingdome are kept continually shut and lockt vp: publike
service is intermitted in all places: bels euery where silent: Sacraments not ad-
ministred to the people: bodies of the dead so prostituted and abandoned, that
none dares burie the said bodies in holy ground. More, it is beleeued, that a man
dying vnder the curse of the interdict (without some speciall indulgence or priui-
ledge) is for euer damned and adiudged to eternall punishments, as one that dyeth
out of the communion of the Church. Put case then the interdict holdeth and
continueth for many yeares together; alas, how many millions of poore soules
are damned, and goe to hell for an others offence ? For what can, or what may the
faltlesse and innocent people doe withall, if the King will repudiate his wife, and
she yet liuing, ioyne himselfe in matrimonie to an other ?
The Lord Cardinall after
Philip the I. produceth
Philippus Augustus,
35 who
hauing renounced his wife
Ingeberga daughter to the King of
Denmarke, and
marrying with
Agnes daughter to the Duke of
Morauia, was by Pope Innocent
the third interdicted himselfe and his whole Kingdome. But his Lordshippe was
not pleased to insert withall, what is auerred in the Chronicle of Saint
Denis:
that Pope
Caelestinus 3. sent forth two Legats at once vpon this errand:
36 Who
being come into the assemblie and generall Council of all the French Prelats, became
like dumbe dogs that can not barke, so as they could not bring the seruice which they
had undertaken to any good passe, because they stood in a bodily feare of their owne
hydes. Not long after, the Cardinall of Capua was in the like taking: For hee durst
nor bring the Realme within the limits of the interdict, before hee was got out of the
limits of the Kingdome. The King herewith incensed, thrust all the Prelates that had
giuen consent vnto these proceedings out of their Sees, confiscated their goods, &c.
To the same effect is that which wee reade in
Matthew Paris. After the Pope had
giuen his Maiestie to vnderstand by the Cardinal of
Anagnia, that his kingdome
should be interdicted, vnlesse he would be reconciled to the King of England;
the King returned the Pope this answere, that he was not in any sort afraid of
the Popes sentence, for as much as it could not be grounded vpon any equitie
of the cause: and added withall,
that it did no way appertaine vnto the Church of
Rome to sentence Kings, especially the King of France. And this was done, saith
Iohannes Tilius Register in Court of Parliament of Paris,
by the counsell of the
French Barons.
Most notable is the example of
Philip the faire, and hits the bird in the right
eye. In the yeere 1032. the Pope dispatched the Archbishop of
Narbona with
mandates into France, commanding the King to release the Bishop of
Apamia
then detained in prison, for contumelious words tending to the Kings defamation,
and spoken to the Kings owne head. In very deed this Pope had conceiued a
secret grudge, and no light displeasure against King
Philip before: namely, be-
cause the King had taken vpon him the collation of Benefices, and other Eccle-
siastical dignities. Vpon which occasion the Pope sent letters to the King of this
tenour and style:
Feare God, and keepe his Commandements: Wee would haue thee
know, that in Spirituall and Temporall causes thou art subiect vnto our selfe: that
collating of Benefices and Prebends, doeth not in any sort appertaine to thy office
and place: that, in case as keeper of the Spiritualties, thou haue the custodie of
Benefices and Prebends in thy hand when they become voyd, thou shalt by sequestra-
tion reserue the fruits of the same, to the vse and benefit of the next Incumbents and
successors: and in case thou hast heretofore collated any, we ordaine the said colla-
tions to be meerely void: and so farre as herein thou hast proceeded to the fact, we
reuoke the said collations. We hold them for hereticks whosoeuer are not of this
beliefe. A Legate comes to Paris, and brings these brauing letters: By some of
the Kings faithfull seruants they are violently snatched and pulled out of the
Legates hands: by the Earle of Artois they are cast into the fire. The good
King answeres the Pope, and payes him in as good coyne as he had sent.
Philip
by the grace of God King of the French, to Boniface
calling and bearing himselfe the
Soueraigne Bishop, little greeting or none at all. May thy exceeding sottishnesse
vnderstand, that in Temporall causes we are not subiect vnto any mortall and earthly
creature: that collating of Benefices and Prebends, by Regall right appertaineth to
our office and place: that appropriating their fruits when they become void, belongeth
to our selfe alone during their vacancie: that all collations by vs heretofore made, or
to bee made hereafter, shall stand in force: that in the validitie and vertue of the said
collations, wee will euer couragiously defend and maintaine, all Incumbents and
possessors of Benefices and Prebends so by vs collated. We hold them all for sots and
senselesse, whosoeuer are not of this beliefe. The Pope incensed herewith, excom-
municates the King: but no man dares publish that censure, or become bearer
thereof. The King notwithstanding the said proceedings of the Pope, assembles
his Prelates, Barons, and Knights at Paris: askes the whole assembly, of whom
they hold their Fees, with al other the Temporalties of the Church. They make
answere with one voice, that in the said matters they disclaime the Pope, and
know none other Lord beside his Maiestie. Meane while the Pope worketh with
Germainie and the Low Countreis, to stirre them vp against France. But
Philip
sendeth
William of
Nogaret into Italy.
William by the direction and aide of
Sciarra Columnensis, takes the Pope at
Anagnia, mounts him vpon a leane ill-
fauoured iade, caries him prisoner to Rome; where ouercome with choller, anguish
and great indignation, he takes his last leaue of the Popedome and his life. All
this notwithstanding, the King presently after, from the successours of
Boniface
receiues very ample and gratious Bulls, in which the memorie of all the former
passages and actions is vtterly abolished. Witnesse the Epistle of
Clement 5.37
wherein this King is honoured with praises, for a pious and religious Prince, and
his Kingdome is restored to the former estate. In that aage the French Nobilitie
caried other maner of spirits, then the moderne and present Nobilitie doe: I
meane those by whom the L. Cardinal was applauded and assisted in his Oration.
Yea, in those former times the Prelates of the Realme stood better affected
towards their King, then the L. Cardinal himselfe now standeth: who could
finde none other way to daily with, and to shift off this pregnant example, but
by plaine glosing, that heresie and Apostasie was no ground of that question, or
subiect of that controuersie. Wherein hee not onely condemnes the Pope, as one
that proceeded against
Philip without a iust cause & good ground, but likewise
giues the Pope the Lie, who in his goodly letters but a little aboue recited, hath
enrowled
Philip, in the list of heretiques. Hee saith moreouer, that indeed the
knot of the question was touching the Popes pretence, in challenging to himselfe
the temporall Soueraigntie of France, that is to say, in qualifying himselfe King
of France: But indeed and indeed no such matter to be found. His whole pre-
tence was the collating of Benefices, and to pearch aboue the King, to crow ouer
his Crowne in Temporall causes. At which pretence his Holinesse yet aimeth, still
attributing and challenging to himselfe plenarie power to depose the King. Now
if the L. Cardinal shall yet proceed to cauill, that
Boniface the eighth was taken
by the French for an vsurper, and no lawfull Pope, but for one that crept into the
Papacie by fraud and symonie; he must be pleased to set downe positiuely who
was Pope, seeing that
Boniface then sate not in the Papall chaire. To conclude,
If hee that creepeth and stealeth into the Papacie by symonie, by canuases or
labouring of suffrages vnder hand, or by bribery, be not lawfull Pope; I dare be
bold to professe, there will hardly be found two lawfull Popes in the three last
aages.
Pope
Benedict in the yeere 1408. being in choller with
Charles the sixt,
38 be-
cause
Charles had bridled and curbed the gainefull exactions and extorsions of
the Popes Court, by which the Realme of France had bene exhausted of their
treasure, sent an excommunicatorie Bull into France, against
Charles the King,
and all his Princes. The Vnuiersitie of Paris made request or motion that his
Bull might be mangled, and Pope
Benedict himselfe, by some called
Petrus de
Luna, might be declared
heretike, schismatike, and perturber of the peace. The said
Bull
39 was mangled and rent in pieces, according to the petition of the Vniuersitie,
by Decree of Court vpon the tenth of Iune, 1408. Tenne dayes after, the Court
rising at eleuen in the morning, two Bul-bearers of the said excommunicatorie
censure vnderwent ignominious punishment vpon the Palace or great Hal staires.
From thence were led to the
Louure in such maner as they had bene brought from
thence before: drawne in two tumbrels, clad in coates of painted linnen, wore
paper-mytres on their heads, were proclaimed with sound of Trumpet, and euery
where disgraced with publike derision: So litle reckoning was made of the Popes
thundering canons in those dayes. And what would they haue done, if the said
Buls had imported sentence of deposition against King
Charles?
The French Church assembled at
Tours in the yeere 1510. decreed that
Lewis
XII. might with safe conscience contemne
the abusiue Bulls, and vniust censures
of Pope Iulius
the II. and by armes might withstand the Popes vsurpations, in
case hee should proceed to excommunicate or depose the King. More, by a
Councill holden at
Pisa, this
Lewis declared the Pope to bee fallen from the Pope-
dome, and coyned crownes with a stampe of this inscription,
I will destroy the
name of Babylon. To this the L. of
Perron makes answere, that all this was done
by the French, as acknowledging these iars to haue sprung not from the fountaine
of Religion, but from passion of state. Wherein he condemneth Pope
Iulius, for
gluing so great scope vnto his publike censures, as to serue his ambition, and not
rather to aduance Religion. He secretly teacheth vs besides, that when the Pope
vndertakes to depose the King of France, then the French are to sit as Iudges
concerning the lawfulnesse or vnlawfulnesse of the cause; and in case they shall
finde the cause to be vnlawfull, then to disanull his iudgements, and to scoffe at
his thunderbolts.
Iohn d'Albret King of Nauarre, whose Realme was giuen by the foresaid Pope
to
Ferdinand King of Arragon, was also wrapped and entangled with strict bands
of deposition. Now if the French had bene touched with no better feeling of
affection to their King, then the subiects of Nauarre were to the Nauarrois;
doubtlesse France had sought a new Lord, by vertue of the Popes (as the L. Car-
dinall himselfe doeth acknowledge and confesse) vniust sentence. But behold,
to make the said sentence against
Iohn d'Albret seeme the lesse contrary to equitie,
the L. Cardinall pretends, the Popes donation was not indeed the principall cause,
40
howsoeuer
Ferdinand himselfe made it his pretence. But his Lo. giues this for
the principall cause: that Iohn
d'Albret had quitted his alliance made with con-
dition; that in case the Kings of Nauarre should infringe the said alliance, and
breake the league, then the kingdome of Nauarre should returne to the Crowne
of Arragon. This condition, betweene Kings neuer made, and without all shew
of probabilitie, serueth to none other purpose from the Cardinals mouth, but
onely to insinuate and worke a perswasion in his King, that he hath no right nor
lawfull pretension to the Crowne of Nauarre: and whatsoeuer hee now holdeth
in the said kingdome of Nauarre, is none of his owne, but by vsurpation and vn-
lawfull possession. Thus his Lordship French-borne, makes himselfe an Aduo-
cate for the Spanish King, against his owne King, and King of the French: who
shalbe faine, as hee ought (if this Aduocats plea may take place) to draw his title
and style of King of Nauarre out of his Royall titles, and to acknowledge that all
the great endeuours of his predecessors to recouer the said Kingdome, were dis-
honourable and vniust. Is it possible, that in the very heart and head Citie of
France, a spirit and tongue so licentious can be brooked ? What, shall so great
blasphemie (as it were) of the Kings freehold, bee powred foorth in so honourable
an assembly, without punishment or fine ? What, without any contradiction for
the Kings right, and on the Kings behalfe ? I may perhaps confesse the indignitie
might bee the better borne, and the pretence alledged might passe for a poore
excuse, if it serued his purpose neuer so little. For how doeth all this touch or
come neere the question ? in which the Popes vsurpation in the deposing of
Kings, and the resolution of the French in resisting this tyrannicall practise, is
the proper issue of the cause: both which points are neuer a whit more of the lesse
consequence and inportance, howsoeuer
Ferdinand in his owne iustification stood
vpon the foresaid pretence. Thus much is confessed, and wee aske no more:
Pope
Iulius tooke the Kingdome from the one, and gaue it vnto the other: the
French thereupon resisted the Pope, and declared him to be fallen from the
Papacie.
This noble spirit and courage of the French, in maintayning the dignitie and
honour of their Kings Crownes, bred those ancient customes, which in the se-
quence of many aages haue bene obserued and kept in vse. This for one: That
no Legate of the Pope, nor any of his rescripts nor
mandates,
41 are admitted and
receiued in France,
without licence from the King: and vnlesse the Legate impart
his faculties to the Kings Atturney Generall, to be perused and verified in Court of
Parliament: where they are to be tyed by certaine modifications and restrictions,
vnto such points as are not derogatorie from the Kings right, from the liberties
of the Church, and from the ordinances of the Kingdome. When Cardinal
Balua,
42 contrary to this ancient forme, entred France in the yeere 1484. and there
without leaue of the King did execute the office, & speed certaine Acts of the
Popes Legate; the Court vpon motion made by the Kings Atturney Generall,
decreed a Commission, to be informed against him by two Councellors of the
the said Court, and inhibited his further proceeding to vse any facultie or power
of the Popes Legate, vpon paine of beeing proclamied rebell.
In the yeere 1561.
Iohannes Tanquerellus Batchelour in Diuinitie, by order of
the Court was condemned to make open confession, that hee had
indiscreetly and
rashly43 without consideration defended this proposition,
The Pope is the Vicar of
Christ, a Monarke that hath power both Spirituall and Secular, and he may depriue
Princes, which rebell against his commandements, of their dignities. Which pro-
position, howsoeuer he protested that he had propounded the same
onely to be
argued, and not iudicially to be determined44 in the affirmatiue,
Tanquerellus neuer-
thelesse was compelled openly to recant. Here the L. Cardinall answeres; The
historie of
Tanquerellus is from the matter, because his proposition treateth
neither of Heresie nor of Infidelitie: but I answere, The said proposition treateth
of both, forasmuch as it maketh mention of disobedience to the Pope. For I
suppose hee will not denie, that whosoeuer shall stand out in Heresie, contrary
to the Popes monitorie proceedings, he shal shew but poore and simple obedience
to the Pope. Moreouer, the case is cleare by the former examples, that no Pope
will suffer his power to cast downe Kings, to be restrained vnto the cause of
Heresie and Infidelitie.
In the heate of the last warres, raised by that holy-prophane League, admoni-
tory Bulls were sent by Pope
Gregorie 14. from
Rome, Anno 1591. By these Bulls
King
Henrie 4. as an Heretike and relapse, was declared incapable of the Crowne
of
France, and his Kingdome was exposed to hauocke and spoile. The Court of
Parliament being assembled at
Tours the 5. of August, decreed the said admoni-
torie Bulls to bee cancelled, torne in pieces, and cast into a great fire by the hand
of the publike executioner. The Arrest it selfe or Decree is of this tenour:
The
Court duely pondering and approoying the concluding and unanswerable reasons of
Kings Attorney Generall, hath declared, and by these present doeth declare, the ad-
monitorie Bulls giuen at Rome
the 1. of March 1591. to be of no validitie, abusiue,
seditious, damnable, full of impietie and impostures, contrary to the holy decrees,
rights, franchises, and liberties of the French Church: doeth ordeine the Copies of the
said Bulls, sealed with the seale of Marsilius Landrianus,
and signed Septilius
Lamprius,
to bee rent in pieces by the publike executioner, and by him to be burnt in
a great fire to be made for such purpose, before the great gates of the common Hall or
Palace, &c. Then, euen then the L. of
Perron was firme for the better part, and
stood for his King against
Gregorie the Pope, notwithstanding the crime of
heresie pretended against
Henrie his Lord.
All the former examples by vs alledged, are drawen out of the times after
Schooles of Diuinitie were established in
France: For I thought good to bound my
selfe within those dooles and limits of time, which the L. Cardinal himselfe hath
set. Who goeth not sincerely to worke and in good earnest, where he telleth vs
there be three instances (as if wee had no more) obiected against Papall power, to
remooue Kings out of their chaires of State: by name,
the example of Philip
the
Faire,45 of Lewis XII.
and of Tanquerellus: For in very trewth all the former
examples by vs produced, are no lesse pregnant and euident, howsoeuer the L.
Cardinall hath bene pleased to conceale them all for feare of hurting his cause.
Nay,
France euen in the dayes of her sorest seruitude, was neuer vnfurnished
of great Diuines, by whom this vsurped power of the Pope, ouer the Temporalties
and Crownes of Kings, hath beene vtterly misliked and condemned.
Robert Earle of
Flanders was commanded by Pope
Paschal 46. to persecute
with fire and sword the Clergie of
Liege, who then adhered and stood to the cause
of the Emperour
Henrie 4. whom the Pope had ignominiously deposed.
Robert
by the Popes order and command, was to handle the Clergie of
Liege in like sort
as before hee had serued the Clergie of
Cambray, who by the said Earle had beene
cruelly stript both of goods and life: The Pope promised the said Earle and his
army pardon of their sinnes for the said execution. The Clergie of
Liege addressed
answere to the Pope at large: They cried out vpon the Church of
Rome, and
called her
Babylon: Told the Pope home, that God had commanded to giue vnto
Caesar that which is
Caesars: that euery soule must bee subiect vnto the superiour
powers: that no man is exempted out of this precept: and that euery oath of
alleagiance is to be kept inuiolable; yea, that hereof they themselues are not
ignorant, in as much as they by a new Schisme, and new traditions, making a
separation and rent of the Priesthood from the Kingdome, doe promise to absolue
of periurie, such as haue perfidiously forsworne themselues against their King.
And whereas by way of despight and in opprobrious maner, they were excom-
municated by the Pope, they gaue his Holinesse to vnderstand, that
Dauids heart
had vttered a good matter, but Paschals
heart had spewed vp sordid and railing words,
like old bawdes and spinsters or websters of linnen, when they scold and brawle one
with another. Finally, they reiected his Papal excommunication, as a sentence
giuen without discretion. This was the voyce and free speach of that Clergie,
in the life time of their noble Emperour: But after hee was thrust out of the Em-
pire by the rebellion of his owne sonne, instigated and stirred vp thereunto by the
Popes perswasion and practise, and was brought vnto a miserable death; it is
no matter of wonder, that for the safegard of their life, the said Clergie were
driuen to sue vnto the Pope for their pardon.
Hildebert2 Bishop of
Caenomanum vpon the riuer of
Sartre, liuing vnder the
reigne of King
Philip the first, affirmeth in his Epistles 40. and 75. that
Kings
are to bee admonished and instructed, rather then punished: to be dealt with by counsell
rather then by command, by doctrine and instruction, rather then by correction:
For no such sword belongeth to the Church, because the sword of the Church is Ec-
clesisticall discipline, and nothing else. Bernard47 writeth to Pope
Eugenius after
this manner:
Whosoeuer they bee that are of this mind and opinion, shall neuer be
able to make proofe, that anyone of the Apostles did euer sit in qualitie of Iudge or
Diuider of lands. I reade where they haue stood to bee iudged, but neuer where they
sate downe to giue iudgement. Againe,
Your authoritie stretcheth vnto crimes, not
vnto possessions: because you haue receiued the keies of the kingdome of heauen,
not in regard of possessions, but of crimes, to keepe all that pleade by couin or collu-
sion, and not lawfull possessors, out of the heauenly kingdome. A little after:
These
base things of the earth are iudged by the Kings and Princes of this world: wherefore
doe you thrust your sickle into an others haruest? wherefore doe you incroach and
intrude vpon an others limits? Elsewhere:
The Apostles are directly forbid to make
themselues Lords and rulers. Goe thou then, and beeing a Lord vsurpe Apostleship,
or beeing an Apostle vsurpe Lordship. If thou needs wilt haue both, doubtlesse thou
shalt haue neither.48
Iohannes Maior Doctor of
Paris: 49 The Soueraugne Bishop hath no temporall
authoritie ouer Kings. The reason: Because it followes (the contrarie being once
granted) that Kings are the Popes vassals. Now let other men iudge, whether he
that hath power to dispossesse Kings of all their Temporalties, hath not like-
wise authoritie ouer their Temporalties.
The same Author:
50 The Pope hath no manner of title ouer the French or Spanish
Kings in temporall matters. Where it is further added, That Pope
Innocent 3.
hath beene pleased to testifie, that Kings of
France in Temporall causes doe
acknowledge no superiour: For so the Pope excused himselfe to a certaine Lord
of Montpellier, who in stead of suing to the King, had petitioned to the Pope for
a dispensation for his bastard.
But perhaps (as he speaketh) it will be alledged out
of the glosse, that hee acknowledgeth no superiour by fact, and yet ought by right. But
I tell you the glosse is an Aurelian glosse, which marres the text. Amongst other
arguments,
Maior brings this for one:
This opinion ministreth matter vnto Popes,
to take away an others Empire by force and violence: which the Pope shall neuer
bring to passe, as we reade of Boniface 8.
against Philip
the Faire: Saith besides,
That from hence proceede warres, in time of which many outragious mischiefes are
done, and that Gerson
calls them egregious flatterers by whom such opinion is main-
tained. In the same place
Maior denies that
Childeric was deposed by Pope
Zacharie: The word, Hee deposed, saith Maior,
is not so to bee understood, as it is
taken at the first blush or sight; but hee deposed, is thus expounded in the glosse, Hee
gaue his consent vnto those by whom he was deposed.
Iohn
of Paris:
51 Were it graunted that Christ was armed with Temporall power,
yet he committed no such power to Peter. A little after:
The power of Kings is the
highest power vpon earth: in Temporall causes it hath no superiour power aboue it
selfe, no more then the Pope hath in spirituall matters. This author saith indeede,
the Pope hath power to excommunicate the King; but he speaketh not of any
power in the Pope to put downe the King from his regall dignity and authority:
He onely saith, When a Prince is once excommunicated, hee may accidentally
or by occasion be deposed: because his precedent excommunication, incites the
people to disarme him of all secular dignity and power. The same Iohn on the
other side holdeth opinion; that
in the Emperour there is inuested a power to de-
pose the Pope, in case the Pope shall abuse his power.
Almainus52 Doctor of the
Sorbonic schoole:
It is essentiall in the Lay-power
to inflict ciuill punishment, as death, banishment, and priuation or losse of goods.
But according to diuine institution, the power Ecclesiasticall can lay no such punish-
ment vpon delinquents: nay more, not lay in prison, as to some Doctors it seemeth
probable: but stretcheth and reacheth onely to spirituall punishment, as namely to
excommunication: all other punishments inflicted by the spirituall power, are meerely
by the Lawe positiue.
53 If then Ecclesiasticall power by Gods Lawe hath no au-
thoritie to depriue any priuate man of his goods; how dares the Pope and his
flatterers build their power to depriue Kings of their scepters vpon the word of
God ?
The same author in an other place:
54 Bee it graunted that Constantine
had
power to giue the Empire vnto the Pope; yet is it not hereupon to bee inferred, that
Popes haue authority ouer the Kingdome of France,
because that Kingdome was neuer
subiect vnto Constantine:
For the King of France
neuer had any superiour in Tem-
porall matters. A little after:
It is not in any place to bee found, that God hath
giuen the Pope power to make and vnmake Temporall Kings.
He maintaineth elsewhere,
55 that
Zacharie did not depose
Childeric, but onely
consented to his deposing;
and so deposed him not as by authoritie. In the same
booke,
56 taking vp the words of
Occam, whom he styles the Doctor:
The Em-
perour is the Popes Lord in things Temporall, and the Pope calls him Lord, as it is
witnessed in the body of the Text.
57 The Lord Cardinall hath dissembled and con-
cealed these words of Doctor
Almainus, with many like places: and hath beene
pleased to alledge
Almainus reciting
Occams authoritie, in stead of quoting
Al-
mainus himselfe in those passages, where he speaketh as out of his owne opinion,
and in his owne words. A notable piece of slie and cunning conueiance: For
what heresie may not be fathered and fastened vpon S.
Augustine, or S.
Hierome,
if they should be deemed to approoue all the passages which they alledge out of
other authors ? And that is the reason wherefore the L. Cardinall doeth not al-
ledge his testimonies whole and perfect, as they are couched in their proper texts,
but clipt and curtaild. Thus he dealeth euen in the first passage or testimonie of
Almainus; he brings it in mangled and pared: he hides and conceales the words
added by
Almainus, to contradict and crosse the words going before: For
Al-
mainus makes this addition and supply;
Howsoeuer some other Doctors doe stand
for the negatiue, and teach the Pope hath power onely to declare that Kings and Princes
are to be deposed. And so much appeareth by this reason; because this ample
and Soueraigne power of the Pope, might giue him occasion to be puft vp with
great pride, and the same fulnesse of power might prooue extremely hurtfull to
the subiects, &c.
The same
Almainus 58 brings in
Occams opinion in expresse tearmes deciding
the question, and there ioynes his owne opinion with
Occams. The Doctors opin-
ion, saith
Almainus, doeth simply carrie the most probabilitie; that a Pope hath no
power, neither by excommunication, nor by any other meanes, to depose a Prince
from his Imperiall and Royall dignitie. And a little before
59 hauing maintained
the Greeke Empire was neuer transported by the Pope to the Germaines, and
that when the Pope crownes the Emperour, he doeth not giue him the Empire,
no more then the Archbishop of Reims when he crownes the king of France, doth
giue him the kingdome; he drawes this conclusion according to
Occams opinion:
I denie that an Emperour is bound by oath to promise the Pope allegiance. On the
other side, if the Pope hold any Temporall possessions, hee is bound to sweare alle-
giance vnto the Emperour, and to pay him tribute. The said
Occam alledged by
Almainus doeth further auerre, that Iustinian was acknowledged by the Pope
for his superiour in Temporall causes: for as much as diuers Lawes which the
Pope is bound to keepe and obserue, were enacted by
Iustinian; as by name the
Law of prescription for an hundred yeeres: which Law standeth yet in force
against the Bishop of Rome. And to the end that all men may clearely see, how
great distance there is betweene
Occams opinion and the L. Cardinals, who to-
wards the end of his Oration, exhorts his hearers at no hand to dissent from the
Pope; take you here a view of
Occams owne words, as they are alledged by
Al-
mainus: 60 The Doctor assoyles the arguments of Pope Innocent,
by which the Pope
would prooue out of these words of CHRIST,
Whatsoeuer thou shalt binde, &c. that
fulnesse of power in Temporall matters, belongeth to the Soueraigne Bishop: For
Innocent
saith, Whatsoeuer, excepteth nothing: But Occam
assoyles Innocents
authoritie, as not onely false, but also hereticall; and saith withall, that many things
are spoken by Innocent,
which by his leaue sauour and smell of heresie, &c.
The L. Cardinall
61 with lesse fidelitie alledgeth two places out of
Thomas his
Summe. The first, in the second of his second, Quest. 10. Art. 10. in the body of
the Article; In which place (let it bee narrowly examined)
Thomas will easily bee
found to speake, not of the subiection of beleeuing Subiects vnder Infidel Kings,
as the Lord Cardinall pretendeth, but of beleeuing seruants that liue vnder Mas-
ters, whether Iewes or Infidels: As when a Iew keepeth seruants which professe
Iesus Christ; or as when some of the faithfull kept in
Caesars house; who are not
considered by
Thomas as they were subiects of the Empire, but as they were
seruants of the family. The other place is taken out of Quest. 1. and 2. Art. in
the body of the article: where no such matter as the L. Cardinal alledgeth can
be found.
With like fidelitie he taketh
Gerson in hand:
62 who indeed in his booke of Ec-
clesiasticall power, and 12. Consider. doeth affirme,
When the abuse of Secular
power redoundeth to manifest impugning of the faith, and blaspheming of the Creator,
then shall it not bee amisse to haue recourse vnto the last branch of this 12. Con-
sider. where, in such case as aforesaid, a certaine regitiue, directiue, regulative, and
ordainatiue authoritie is committed to the Ecclesiasticall power. His very words:
which make no mention at all of deposing, or of any compulsiue power ouer
Soueraigne Princes: For that forme of rule and gouernment whereof
Gerson
speaketh, is exercised by Ecclesiasticall censures and excommunications; not
by losse of goods, of Kingdomes, or of Empires. This place then is wrested by the
L. Cardinall to a contrary sense. Neither should his Lordship haue omitted,
that
Gerson, in the question of Kings subiection in Temporall matters, or of the
dependance of their Crownes vpon the Popes power, excepteth alwayes the King
of France: witnesse that which
Gerson a little before the place alleadged by the
Cardinall, hath plainely affirmed:
Now since Peters
time, saith Gerson,
all Im-
periall, Regall, and Secular power is not immediatly to draw vertue and strength
from the Soueraigne Bishop: as in this maner the most Christian King of France
hath no Superiour, nor acknowledgeth any such vpon the face of the earth. Now
here need no great sharpenesse of wit for the searching out of this deepe mysterie;
that if the Pope hath power to giue or take away Crowns for any cause or any
pretended occasion whatsoeuer, the Crowne of France must needs depend vpon
the Pope.
But for as much as we are now hit in with
Gerson, we will examine the L. Cardi-
nals allegations
63 towards the end of his Oration, taken out of
Gersons famous
Oration made before
Charles the 6. for the Vniuersitie of Paris: where he brings
in
Gerson to affirme,
That killing a Tyrant is a sacrifice acceptable to God. But
Gerson (let it be diligently noted) there speaketh not in his owne person: he there
brings in sedition speaking the words: Of which wordes vttered by sedition, and
other like speeches, you shall now heare what iudgement
Gerson himselfe hath
giuen.
When sedition had spoken with such a furious voyce, I turned away my face
as if I had bene smitten with death, to shew that I was not able to endure her madnesse
any longer. And indeed when dissimulation on the one side, and sedition on the
other, had suggested the deuises of two contrary extremes, hee brings foorth
Discretion as a Iudge, keeping the meane betweene both extremes, and vttering
those words which the L. Cardinall alledgeth against himselfe.
If the head, (saith
Gerson)
or some other member of the ciuill body, should grow to so desperate a passe,
that it would gulpe and swallow downe the deadly poyson of tyrannie; euery member
in his place, with all power possible for him to raise by expedient meanes, and such
as might preuent a greater inconuenience, should set himselfe against so madde a
purpose, and so deadly practise: For if the head be grieued with some light paine; it is
not fit for the hand to smite the head: no that were but afoolish and a mad part: Nor
is the hand forthwith to chop off or separate the head from the body, but rather to cure
the head with good speach and other meanes, like a skilfull and wise Physitian: Yea
nothing would be more cruel or more voyd of reason, then to seeke to stop the strong
and violent streame of tyrannie by sedition. These words, me thinke, doe make
very strongly and expresly against butchering euen of Tyrannical Kings. And
whereas a little after the said passage, he teacheth to expell Tyrannie, he hath not
a word of expelling the Tyrant, but onely of breaking and shaking off the yoke of
Tyrannie. Yet for all that, he would not haue the remedies for the repressing of
Tyrannie, to be fetcht from the Pope, who presumeth to degrade Kings, but from
Philosophers, Lawyers, Diuines, and personages of good conuersation. It appeareth
now by all that hath bin said before, that whereas
Gerson in the 7. Considerat.
against Flatterers, doeth affirme:
Whensoeuer the Prince doeth manifestly pursue
and prosecute his naturall subiects, and shew himselfe obstinately bent with notorious
iniustice, to vexe them of set purpose, and with full consent, so farre as to the fact;
then this rule and law of Nature doeth take place, It is lawfull to resist and repell
force by force; and the sentence of Seneca,
There is no sacrifice more acceptable to
God, then a tyrant offered in sacrifice; the words,
doeth take place, are so to be
vnderstood, as he speaketh in another passage, to wit, with or amongst seditious
persons. Or else the words,
doeth take place, doe onely signifie,
is put in practise.
And so
Gerson there speaketh not as out of his owne iudgement.
His Lordship also should not haue balked and left out
Sigebertus, who with
more reason might haue passed for French, then
Thomas and
Occam, whom hee
putteth vpon vs for French.
Sigebertus in his Chronicle vpon the yeere 1088.
speaking of the Emperours deposing by the Pope, hath words of this tenour:
This
Heresie was not crept out of the shell in those dayes, that his Priests, who hath said to
the King Apostata,
and maketh an hypocrite to rule for the sinnes of the people,
should teach the people they owe no subiection vnto wicked Kings, nor any alleagiance,
notwithstanding they haue taken the oath of alleagiance.
Now after the L. Cardinall hath coursed in this maner through the histories
of the last aages (which in case they all made for his purpose, doe lacke the weight
of authority) in stead of searching the will of God in the sacred Oracles of his
word and standing vpon examples of the ancient Church; at last, leauing the
troupe of his owne allegations, he betakes himselfe to the sharpening and rebating
of the points of his aduersaries weapons.
For the purpose, he brings in his aduersaries, the champions of Kings Crownes,
& makes them to speake out of his own mouth (for his Lordship saith it will be
obiected) after this manner:
64 It may come to passe, that Popes either caried with
passion, or misled by sinister information, may without iust cause fasten vpon Kings
the imputation of heresie or apostasie. Then for King-deposers he frames this
answere:
That by heresie they vnderstand notorious heresie, and formerly condemned
by sentence of the Church. Moreouer, in case the Pope hath erred in the fact, it is the
Clergies part adhering to their King, to make remonstrances vnto the Pope, and to
require the cause may be referred to the iudgement of afull Councel, the French Church
then and there being present. Now in this answere, the L. Cardinall is of another
mind then
Bellarmine his brother Cardinall: For hee goes thus farre,
65 That a
Prince condemned by vniust sentence of the Pope, ought neuerthelesse to quit
his Kingdome, and that his Pastors vniust sentence shall not redound to his
detriment; prouided that hee giue way to the said sentence, and shew himselfe
not refractarie, but stay the time in patience, vntil the holy Father shall renounce
his error, and reuoke his foresaid vniust sentence. In which case these two
material points are to be presupposed: The one, That he who now hath seized
the kingdome of the Prince displaced, wil forthwith (if the Pope shall sollicit and
intercede) returne the Kingdome to the hand of the late possessor: The other,
That in the
interim the Prince vniustly deposed, shall not need to feare the bloody
murderers mercilesse blade and weapon. But on the other side, the Popes power
of so large a size, as
Bellarmine hath shaped, is no whit pleasing to the L. Cardi-
nals eye. For in case the King should be vniustly deposed by the Pope
not well
informed, he is not of the minde the Kingdome should stoupe to the Popes behests,
but will rather haue the Kingdome to deale by remonstrance, and to referre the
cause unto the Council: Wherein he makes the Council to be of more absolute and
supreme authority then the Pope; a straine to which the holy father will neuer
lend his eare. And yet doubtlesse, the Council required in this case must be
vniuersall; wherein the French, for so much as they stand firme for the King and
his cause, can be no Iudges: and in that regard the L. Cardinal requireth onely
the presence of the French Church. Who seeth not here into what pickle the
French cause is brought by this meanes ? The Bishops of
Italie forsooth, of
Spaine, of
Sicilie, of
Germanie, the subiects of Soueraignes many times at pro-
fessed or priuie enemitie with
France, shall haue the cause compremitted and
referred to their iudgement, whether the Kingdome of
France shall driue out her
Kings, and shall kindle the flames of seditious troubles, in the very heart and
bowels of the Realme. But is it not possible, that a King may lacke the loue of
his owne subiects, and they taking the vantage of that occasion, may put him to
his trumps in his owne Kingdome ? Is it not possible, that calumniations whereby
a credulous Pope hath beene seduced, may in like maner deceiue some part of a
credulous people ? Is it not possible that one part of the people may cleaue to the
Popes Faction, another may hold and stand out for the Kings rightfull cause, and
ciuill warres may be kindled by the splene of these two sides ? Is it not possible,
that his Holinesse will not rest in the remonstrances of the French, and will no
further pursue his cause ? And whereas now a dayes a Generall Councill cannot
be held, except it be called and assembled by the Popes authority; is it credible,
the Pope will take order for the conuocation of a Council, by whom he shall be
iudged ? And how can the Pope be President in a Councill, where himselfe is the
party impleaded ? and to whom the sifting of his owne sentence is referred, as it
were to Committies, to examine whether it was denounced according to Law, or
against Iustice ? But in the meane time, whilest all these remonstrances and
addresses of the Council are on foot; behold, the Royall Maiestie of the King
hangeth as it were by loose gimmals, and must stay the iudgement of the
Council to whom it is referred. Well: what if the Councill should happe to be
two or three yeeres in assembling, and to continue or hold eighteene yeeres, like
the Councill of
Trent; should not poore
France, I beseech you, be reduced to a
very bad plight ? should she not be in a very wise and warme taking ? To be
short; His Lordships whole speach for the vntying of this knot, not onely sur-
mounteth possiblitie, but is stuft with ridiculous toyes. This I make manifest by
his addition in the same passage.
If the Pope deceiued in fact, shall rashly and
vniustly declare the King to be an heretike; then the Popes declaration shall not be
seconded with actual deposition, vnles the Realme shall consent vnto the Kings depos-
ing. What needes any man to bee instructed in this doctrine ? Who doth not
knowe, that a King, so long as he is vpheld and maintained in his Kingdome by
his people, cannot actually and effectually be deposed from his Throne ? Hee
that speaketh such language and phrase, in effect saith, and saith no more then
this: A King is neuer depriued of his Crowne, so long as he can keepe his Crowne
on his head: a King is neuer turned and stript naked, so long as he can keepe his
cloathes on his backe: a King is neuer deposed, so long as he can make the
stronger partie and side against his enemies: in briefe, a King is King, and shall
still remaine King, so long as he can hold the possession of his Kingdome, and
sit fast in his Chaire of Estate. Howbeit, let vs here by the way, take notice of
these words vttered by his Lordship:
Thatfor the deposing of a King, the consent of
the people must be obtained: For by these words the people are exalted aboue the
King, and are made the Iudges of the Kings deposing.
But here is yet a greater matter: For that Popes may erre in faith, it is ac-
knowledged by Popes themselues:
66 For some of them haue condemned Pope
Honorius for a Monothelite: S.
Hierome, and S.
Hilarius, and S.
Athanasius doe
testifie, that Pope
Liberius started aside, and subscribed to
Arrianisme: Pope
Iohn 23. was condemned in the Councill of
Constance, for maintaining there is
neither hell not heauen: Diuerse other Popes haue been tainted with errour in
faith. If therefore any Pope hereticall in himselfe, shall depose an Orthodoxe
King for heresie; can it be imagined, that he which boasts himselfe to beare all
diuine and humane lawes in the priuy coffer or casket of his breast,
67 will stoope to
the remonstrances of the French, and vayle to the reasons which they shall pro-
pound, though neuer so justifiable, and of neuer so great validitie ? And how
can he, that may be infected with damnable heresie (when himselfe is not alwayes
free from heresie) be a iudge of heresie in a King ? In this question some are of
opinion, that as a man, the Pope may fall into error, but not as Pope. Very good:
I demand then vpon the matter, wherefore the Pope doth not instruct and re-
forme the man ? or wherefore the man doth not require the Popes instructions ?
But whether a King be deposed by that man the Pope, or by that Pope the man,
is it not all one ? is he not deposed ? Others affirme, the Pope may erre in a ques-
tion of the fact, but not in a question of the right. An egregious gullery and im-
posture: For if he may be ignorant whether Iesus Christ died for our sinnes,
doubtles he may also be to seeke, whether we should repose all our trust and
assured confidence in the death of Christ. Consider with me the Prophets of
olde: They were all inspired and taught of God, to admonish and reprooue the
Kings of Iudah and Israel: they neither erred in matter of fact, nor in point of
right: they were as farre from being blinded and fetcht ouer by deceitfull calum-
niations, as from beeing seduced by the painted shew of corrupt and false doctrine:
As they neuer trode awry in matter of faith: so they neuer whetted the edge of
their tongue or style against the faultlesse. Had it not beene a trimme deuice in
their times, to say, that as
Esay and as
Daniel they might haue sunke into heresie,
but not as Prophets ? For doubtlesse in this case, that
Esay would haue taken
councell of the Prophet which was himselfe. To be short; If Kings are onely so
long to be taken for Kings, vntill they shall be declared heretikes, and shall be
deposed by the Pope; they continually stand in extreame danger, to vndergoe a
very heauy and vniust sentence. Their safeth way were to know nothing, and to
beleeue by proxie; least, if they should happen to talke of God, or to thinke of
religion, they should be drawne for heretikes into the Popes Inquisition.
All the examples hitherto produced by the Lord Cardinall on a rowe, are of a
latter date, they lacke weight, are drawne from the time of bondage, and make the
Popes themselues witnesses in their owne cause: They descant not vpon the
point of deposition, but onely strike out and sound the notes of excommunication
and interdiction, which make nothing at all to the musicke of the question. And
therefore hee telleth vs (in kindnesse as I take it) more oftentimes then once or
twice, that hee speaketh onely of the fact; as one that doeth acknowledge him-
selfe to bee out of the right: Hee relates things done, but neuer what should bee
done: which, as the Iudicious know, is to teach nothing.