that monarchy. For after that, Atios, lieute nant for the Roman emperor in the parts of France, did only send instructions and orders to the wasted Britons how to range their batyet a final answer, not to look for any more supplies or aids for that estate, which then fell into faction, and was no longer able to support itself; the Britons holding themselves abandoned, (in which case all laws free them both of duty, and dependency) after many bloody battles under their own kings against the Scots and Picts, fell into the Saxons hands, who like a Pharaoh that never knew Joseph or his father's house, erected a brave monarchy, tho' sometimes quartered and divided into many parts among themselves, and maintained it in absolute authority, without acknowledgment of any foreign or superior command, till by a second or third relapse, it became a prey to the Norman conquest. Wherefore Phocas having neither possession nor right in this state (left by negligence, or abandoned by necessity so many years before,) could convey no more to the church, than he either had, or ought to have, which was accidens sine subjecto, individuum vagum,' and a nihil indeclinabile.' The contribution of Peter-pence to Rome by Ina, being called in the Saxon histories the king's Almeson, in the laws of Canutus, Larga Regis benignitas,' and in that abstract which is left of the Confessor's and Conqueror's decrees, Regis ' eleemosyna,' proceeded, as the words import, not of duty but of charity; and in respect of any temporal prerogative, which is the key of these aspiring claims, doth rather prove the pope then sitting to have been king Ina's beadsman, than king Ina then reigning, to have been the pope's homager.

accepted what these men certify to have been offered. Among the fathers and historics of the church (how copious and large soever in expressing the great favours which the spouse of Christ received by the piety and bounty of thistles, and dispose their fights, with a careful, and emperor in other kinds) appears no scrip of evidence to make good this grant; which were an argument of great ingratitude, if they had either heard of any disposition in the prince to give it, or in the pope to accept it. Neither is it like that so religious a prince would have left that to his son, that he gave to the church, nor from thence his godly successors, as Theodosius, would have detained it. Besides, all writers prove how powerful the lieutenants of the Greekish empire, whom they called Exarchs, were long after the date of this pretence, which could not stand with the strength wherein hereby they strive to plant the papacy. I find by direct acknowledgement, venisse proventus, &c.' that revenues came from certain places for the maintainance of the church of St. Paul, erected at the humble suit of Sylvester by Constantine; and from Sardinia, by the report of some, to that church which his holy mother built. Again, that the tributes were conferred on the churches, which some cities payed into the exchequer in former times: and these I take to be the shadows and colours of this idle dream. For of the charter itself, which exceedeth ten times in value all that is recorded touching churches in particular, and in respect of a greater eminency and preroga tive, should have carried a far greater reputation, and made a fairer shew, there is not so much as a mark whereby they may take their aim that are most ambitious. How little credit, strength or honour any church can gain by deriving charters from Phocas, a lascivious faithless tyrant, wickedly embrued with the slaughter of Mauritius his master, wife, and heirs, and usurping that cstate unjustly, by the countenance whereof he was bold to give more than either of right he ought or could, I leave to their opinions that love to measure claims and titles rather by the line of equity, than by the last of ambition. But yet to make more of a tyrant by vouchsafing a short answer to bis shadow, than in conscience is requisite; I first To the colour of king John's donation, who infer that such charters granted chiefly upon was as likely to have parted with his soul as ground of cunning, and with a purpose to with his crown, and upon the same conditions, maintain the plot by party, which was un- if necessity had pressed him; I could give sadertaken and begun by fraud, might either tisfaction by that sound note of a monk of Saint have been afterward revoked by himself, or an- Albans, according tunably with that former nulled and repealed by his successors: and fur- concerning Phocas out of the civil laws, that, ther say, by judgment of the best civilians, that Regis non est dare regnum, quod est respub-. no prince's act is warrantable, without the publica, sine assensu Baronum qui tenentur reglick assent, according to that maxim, “ Quod num defendere :' and therefore he cannot give ' omnes tangit, ab omnibus approbari debet,' | that tendeth to the state's prejudice.

Last of all, I prove that our country in particular could take no copper by this transposition, admitting it to have been sound and absolute, because we were excluded from the care, protection and providence of the Roman empire, very near two hundred years before tha Phocas with his bloody hand began to steer

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I could alledge also an allowance of a special mansion for English pilgrims that were drawn to Rome about affairs, bearing that title to this day, in respect of the great piety and bounty of the Saxon kings; which falling within the compass of that natural contract Do ut des,' copiously handled by the civil laws, and compared with the contribution, may rather prove an exchange than an imposition.

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away the ports and cities, which are branches and members of the main. But I will take it up a streighter link, and avow by Matthew Paris, that so far was the parliament, which he termeth Regni universitatem,' from assenting 'detestandæ obligationi' to this detestable and hateful band, as it is fitly called by the monk of Westminster, that the metropolitate himself, pro universitate contradixit,' contradicted and

withstood it in the behalf of the whole parlia

ment.

The judgment of Philip the French king upon the publication of this charter is much commended by a writer of that age, for the defence of this Paradox, which he thought would prove perniciosum regibus et regnis exempluin,' a dangerous example, and fearful precedent both to kings and kingdoms. He would have men resort to Peter's successors about matters that concern the soul, and not de regnis, guerris, vel militia,' which do not belong to him. Last of all, the saying which was luckily inserted in this charter or donation, namely, Salvis nobis et herædibus nostris justitiis, libertatibus et regalibus nostris,' makes it absolutely void and of no effect: the main prerogative being safely preserved, by God's providence, which the king would otherwise have let slip, by a circumvented and over-awed facility. It is reported by the monk of Westminster, a witness, according to the state of those times, of best regard, that the pope residing and abiding at Lions, this detestable grant was burnt. The author of Eulogium addeth further, that it was released cum omni fidelitate et homagio,' by the pope's direction to the English parliament. And sir Thomas More, that lost his life in defence of the pope's primacy, deserves best of any to be credited in my conceit, avowing, first a weakness in the king seeking to subject his crown to superior commands; and next, in the grant a nullity. Besides, not only sir Thomas More affirms, that the pope's imposition, with the king's concession, was never paid; but it is further fortified by addition out of the roll of parliament, in the fiftieth year of Edward 3rd, that when the king was threatened with a citation from Rome for detaining dues upon this grant, with large arrearage, the whole body spiritual and temporal of the kingdom there assembled, after grave deliberation and long advisement, resisterent et contradicerent, avec toute leur puissance;' and upon these grounds, that the charter was against the king's oath at his coronation, and without the voice of his parliament.

church government, hardly Christ of his own creature in the time of pope Alexander the 6th, if he had been put in mind to call on him. In the beginning it agreed with Daniel's image in the head of gold for godly government, in the breast of silver for unspotted conscience, and in the legs of brass for incessant industry. But . afterward in succeeding ages, the heads of many popes grew humourous, their breasts avaricious, and their legs idle.

That holy Nicene Council, whereof I never speak without reverence and due regard, in that great division which was made of the patriarchal jurisdictions according to the state of the church in those days, for establishment of discipline and preservation of unity, speaks not one word of any temporal command, much less of any right in suspending or deposing kings, or absolving subjects from their oaths of obedience and loyalty, to be left in the nature of an Hierlome to the Roman bishops by primitive acknowledgment. But as Sallust, very gravely and like a faithful patriot, compiains touching the state politick of Rome in his own time, that 'postquam divitiæ honori esse cœpere et eas gloria, imperium, potentia sequerentur;' Faction and pride began to creep up to the seats of senators, and the publick justice of the state to shake: So likewise in the church we find, that upon like corruption like disorders grew, and many weaknesses began daily more and more to disclose themselves in those bright sun-shine days which the saints enjoyed by the bounty of a better prince, as cockle starts up when corn grows ripe, which before was either shadowed with discouragement, or suppressed by discipline. I speak not this, because some such kinds of heats and quick distempers have not sometimes happened, and may not by occasions fall out again between God's own elect, as Peter and Paul, Paul and Barnabas, and the godly bishops in this very council, which I press, tho' with that measure which becomes the ministers of God and his apostles successors, because it pleaseth him sometimes out of our error to raise his own honour, and to make virtue perfect and compleat by infirmity: but to make it Since therefore Phocas, Ina, John, nor Con- plain, that plenty is the daughter of prosperity, stantine, add any further weight to the pretence ambition of plenty, and corruption of ambition. of a deposing interest, than was in charge be- For after that bishops were admitted to appeal fore; discretion and observation will judge from civil courts by the emperor himself, and whether the state of the Roman bishops were their sentences by imperial authority were made not had in greater reverence while they sought equal to his own; they began to raise their to win by piety, than to strain in passion, to crest, and within a while, as it is testified by bow than to break, and to temper than to ex- one of the most antient approved writers of the asperate. Religion and bumility then were the church, Episcopatus Romanus non aliter corner-stones of that stately front which the quam Alexandrinus quasi extra sacerdotii fines world so much at the first admired in the egressus, ad secularem pricipatum jain antè church of Rome, tho' afterward by the change delapsus est: The see of Rome, in the same of bishops in that see, and of humours in those manner as that of Alexandria, as it were exbishops, so great alteration was found, as Mi-ceeding the limits and bounds of priesthood, nerva coming afterward to Athens, could hardly take notice of her own ship, nor Constantine at Rome of his own nurse: nor, as St. Hierome notes of painted women, that cast up their eyes to heaven, if we consider how many false colours have been set upon the pillars of

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had slid into secular principality; tho' the bishops of neither of those sees, as we may assure ourselves, were ignorant of Paul's probibition to all degrees of pastors, that they should not intermeddle with secular affairs, so far as concerns an over-dropping of the regal plants,

:

This passion of a writer whom we account、 prophane, in respect he was unregenerate to Christ, nor nursed by the breast of his spouse the church, puts me in mind of a zealous passion in Hector Boetius, a great Roman Catholic, upon this very subject in the Scotish history, Hujusmodi antistites quàm sunt illorum dissimiles quia diversa ingrediuntur via cum locum illorum occupent, &c.' He wonders at the difference between those bishops, and others at this day, which succeeding in their places, take another course: they glistered not in gold, they were not resiant in princes courts, they were not attended by guards, nor skilful in the art of dissembling, more gainful by many degrees than that of poetry, which the universities use to crown with laurel. This moved Boniface, I mean the martyr, not the challenger, to prefer the devotion of the golden bishops, that in the church's povertyadininistered with greater fervency in wooden chalices, before the vanity of many blockish bishops that in a richer state with more solemnity and less zeal, administer in chalices of gold; because, as Hierom notes, external riches add not to the worth of him, qui corpus Domini in canistro vimineo, sanguinem in vitro portat;' that car

because a bishop should no more live out of the element of the church, nor a monk out of a desart, than a fish out of water. For Christ fled into the mountains when the people would have made him king: and bishops ought with Joseph rather to leave their cloaks behind them, than to consent to the charms and vain enticements of the world, which like the wanton wife of Potiphar stretcheth forth her arms, and, with the Syrenes, straineth her voice to draw them within the compass of tentation, and then taketh hold to drown them in sensuality. Now, whereas it is said by Socrates, Jam ⚫ antè delapsus est,' that the see of Rome did slip before that time, whereof he speaks, into secular principality, I am induced by the report of Aminianus Marcellinus, a grave writer, though no christian, to take my level somewhat higher for the finding of my mark: for he living in that time about the court, and observing as it were from the main top of the temporal estate, what course was kept among all sorts and qualities of persons in divers elements, makes mention of a bloody slaughter in a church of Rome, where the christians were wont to meet for the celebration of their mysteries, about the violent competition and contention between Damasus and Ursicius for the papa-ries the body of our Lord in a wicker basket, ey; and taketh notice of 137 carcases drawn out of that church where they met about election and further writeth, that Vivianus, then lieutenant to the emperor, was glad to make retreat into the suburbs, till the rage were tempered, or the strife ended. After this, as a man partial to neither part, and therefore in all likelihood the more indifferent and just in deeming rightly of the true state of the cause, he gathers the chiefest motive of contention and emulation about the means of compassing this height, to proceed from the great ease, wealth, and honour, that prevailed and were surely settled and established in that dignity. His My only purpose is but to observe and tax reasons are, for that Matronarum oblationibus the declination of piety, together almost at ditabantur,' they were enriched with the of one instant with multiplication of metals and ferings of matrons or great ladies: they rode minerals, the labour which is made for charges in coaches publicly: they were choicely suited and employments for commodity alone without in their apparel; their diet dainty, and some- conscience; and to limit those excessive grants times above the rate and use of princes in the in manu viva,' which our antecessors did in times of their banqueting. That Damasus a manu mortua,' and the ranging of internal competitor was one of these, Ammianus doth piety to external pomp, though of both it were not affirm; much less do I believe, finding better, that we wanted means that are superwith what respect and reverence St. Hierom fluous, than the moderation that is necessary. that had been himself a priest of Rome doth For Chrysostom notes two great absurdities in speak of him: yet the manner of his climbing cramming churches till satiety constrain them and aspiring to the seat was scandalous, not to regorge; the one, that laymen are deprived only unto such as were religiously devout, but of occasion to shew charity; the other, that even to Ammianus Marcellinus that was but the pastors themselves often neglect their duties, morally precise: as doth appear by that grave to become collectors. This is no ground for judgment which he gives of the blessed state, gleaning from the church, which at this day which as he thinks the bishops of Rome might doth rather need Largitore hilari, quàm inenjoy, in case they lived in that sober manner, terprete maledico:' but to prove that arguwith that bare diet, mean apparel, and humblements against excess and height, are the surest looks cast to the ground, which other bishops tenures, and the strongest pillars of stability; in the country did, neither tasting nor estcoming for in se magna ruunt, summisque negatuin those choice pleasures and delights which the delicacy and great abundance of that place afforded them,

and his blood in a glass. I would not be conceived by this speech, to favour their ridiculous conceits, that labour to draw the substance or the value of those vessels in which sacraments are administrated, to the first simplicity: for, the reason of David's judging it indecent for him to lodge in domo cedrina cum arca Dei esset sub pellitus,' draws me to a greater estimation of vessels appertaining to so high a mystery. For sure I am, that the value of the content, doth infinitely surmount the continent; and in adiaphoris,' that is, things indifferent, we are left to the rule of decency.

est stare diu.' In defence of Ammianus Marcellinus from exception either of partiality or ignorance in that which he speaketh of the

matrons, I vouch a manifest decree set forth, his offensive guest, whom at the first he welnot by the leeches and blood-suckers of the comed and entertained in his cabin as an inChurch, but by Valentinian and Gratian, reli-ward friend, he mannerly desired him to depart gious and worthy princes, against any gain to be made by the priests of the church by ladies offerings; and this decree was published by Damasus himself, according to direction of state which proves that Ammianus in the judgment which he gave touching the motives of dissention, and opposition, spake not idly.

To make the case more plain, whosoever raiseth any further doubt, may learn of St. Hierom, that some such excess (or at least oversight) was censured about that time: where he seems not to be so much grieved and perplexed with the publishing of such a law lighting upon just desert, as with the motive of that law, which was greediness. Therefore our English bishops in the time of Edward 3, assented (though unwillingly) to the limiting of church revenues, when the state's necessity put in a caveat. And the pope himself pretended neither quarrel nor unkindness to St. Lewis of France, for inhibiting the grant of any more lands or revenues, than had been converted in former times to churches without his privity.

in kindness as he came, but yet could receive no other satisfaction to his just expostulation, than, That he for his own part found himself to be very well at ease, and they that were not, had reason to seek out another seat that might like them better. He foresaw by this forerunning light, That misletoe and ivy sucking by their strait embraces, the very sap that only giveth vegetation from the roots of the oak and hawthorn, must bloom and flourish of necessity, when the trees should wither.

I know that civil jurisdiction in that good measure which is compatible with a pastor's charge, is so far from that inconvenience of hindering the growth of piety, as some conceive, as it rather ripens the fruits which in a further distance from the sun, are either nipped by the frost, or blasted by some bitter wind: so as according to that of Nahum, Residuum locustæ brucus devoret.' I tax those only that presume by forged evidence to contend and strive with mighty princes for their seats, or attempt to set them besides their thrones, which the blessed Virgin makes a portion of God's own prerogative. Otherwise I say with Paul of all the faithful, Si in illis mundus judicabitur, indigni sunt qui de minimis judicent?" If the world shall be judged by them, are they unworthy to decide matters of least accompt? And again, Si Angelos judicent, quanto magis secularia? and therefore Epiphanius the bishop of Cyprus is highly commended in the stories of the church, for the discreet temper and decent order he held in managing affairs both ecclesiastical and temporal. The council of Carthage understood very perfectly the way to moderate between both extremes, and in fan

The ground of this respective caution and moderation, I take to be derived from the course which Moses held, being a person as well publicly wise, as spiritually devout, in commanding all the peoples offerings of benevolence and piety to cease, after he had drawn in that proportion which was sufficient for the furniture of the tabernacle, where God was to be served and honoured. For the least excess in things (which with moderation are laudable) doth easily degenerate into vice, and all turns to humour that transcends the due proportion of nourishment. We may soon be taught in Genesis, that they which could be satisfied with no moderate degrees of altitude, in seeking toning away the smoke of pride, to preserve the build castles in the air, before their spires and battlements might touch the clouds, were confounded in their own idleness.

gloss of unsoiled modesty. But the patriarch of Constantinople finding by careful observation of times and accidents, what strange effects the You have heard how the churches of Rome church of Rome had wrought in raising patriand Alexandria were ingulfed in the depths of archal jurisdiction as high as the jealousy of gosecular principality to the wound of monarchy, vernment and incompatibility of imperial prealt eugh spiritualis potestas non ideo prærogative would endure, adventured upon the sidet, ut terrena in suo jure prejudicium fa- wings of pride, to mount so far above the pitch ciat,' saith a learned schoolman. But how of his other partners, as if St. Gregory himself hardly in the mean time the civil state did had not abated this presumption more by the brook these slips, let us learn (if we deal indif-strength of arguments than the edge of power, ferently) of Orestes, who was then lieutenant it is not unlike but he would have made himself for the emperor, and complaineth bitterly of in the end by faction of adherents similem alsome bishops, Quod per eos non nihil de tissimo.' auctoritate eorum detractum esset, qui ad Thus easy it is for many grains of sand by magistratus gerendos designati essent,' that Neptune's blessing to make a shelf; for many they drew 'much from the authority of those Peter-pence by Ina's bounty to make a bank; persons which were appointed to bear office. and by gathering a great heap of sticks togeThis gallant gentleman began very early to dis-ther by Minerva's providence, to make a nest cover (and by the break of day) by what degrees the mystery of ambition began to mine into the strength of monarchy: he feared (and not without great likelihood) lest princes seeking to resume their rights, might in time be dealt withal, as the badger was by the hedgehog: for being wounded with the prickles of

high and wide enough for long winged hawks to breed in the proportion of their own earnestly affected, and long laboured sublimity. Such were the drifts and devices for the space of many years of certain Roman bishops, often straining, but never reaching to their end, which was, to make a rise so high, as might carry them

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over the heads of emperors, till more than 300 | words, regnante domino nostro,' such or such years after the succession of Constantine and his successors into the east; their lieutenants wanting now that Gorgon's head of universal regiment and united strength, whereof they had disposed formerly; till that unlucky division of one eagle's neck into two, which made the fairest bird a monster, as according to that one noted maxim of our Saviour, Omne regnum in ⚫ se divisum desolabitur,' gave way, though much against their wills, to that improvement of the jurisdiction of Peter's keys, which hath not since that time been less feared, than at the first it was favoured. The first motive of the translating of the western empire into the east, as Socrates reports, was chiefly to this end, ut vulnera quæ erant a tyrannis inflicta, illis jam 'sublatis tollerentur,' for the cure of those wounds which were given by tyrants, now that ❘ they were rid out of the way. Men liked of this, and commended the discourse that urged it, till experience, together with their own disasters, made them find, that, of both extremes, it is better to adinit an outward distemper, than an inward combustion. The ebb hath not been greater by the waining of the empire, than the flood hath been ex consequente' by the waxing of the church: which finding that the beams are brightest, and her glory greatest while the sun is under our horizon, from whence she borrows and derives her light, hath sought ever since with her best diligence to quit herself to those rays imperial which by vicinity may weaken, or by conjunction may darken her. It is true that Constantine upon the change did at the first exempt bishops only, but not priests, from convention in civil courts; the first step to that greatness, which was in objecto,' to the papacy. Gratian in the year 380, and Ho- | norius in the year 406, confirmed it, Theodosius and Valentinian were pleased for increase of favour, that priests also in lieu of civil judges, might take their trial before bishops, if the parties interested in the cause could be satisfied. Justinian more reservedly than his antecessors, expounds the meaning of the grant of matters only appertaining to the church, not otherwise, and for his labour receiveth a wipe at the hands of Bellarmine. Heraclius exempteth bishops and priests absolutely from all courts, excepting only that of delegates from the emperor. But Guicciardine, no Lutheran or Zuinglian, as many term persons of a diverse judgment in our days, but a Roman Catholic; no German or Helvetian, but an Italian; no simplest, but a man as deeply learned, as discreetly judicious, observeth, That though some dark cloud had overcast a portion of the beams imperial in the highest sphere, yet till this time of the translation of the seat to Constantinople, and a good space after, many tokens both of humble reverence, and respective regard to the civil state, were evident. For the popes without admittance either of the emperors themselves, or of their heutenants called Exarchs, ascend not to the throne. The popes in all their grants and public dispatches, set down the date by these

an emperor. Though by variation of times, which breeds a change in all bodies, states or governments beneath the moon, this good manner began to be first abated, and in time determined. After this unlucky separation of the Greek head from the Latin body, first, it fell into a kind of giddiness; after, into imbecility, the cause of dangerous convulsions in those estates; and like top branches that are not duly fed and nourished with the lively sap of their own native root, they fell afterward to warp and wither both in beauty and glory. The princes grew daily more and more into contempt, either out of want of desire, or ability, or both, to defend 'caput imperii' from incursions of infidels, oppressions of usurpers, and attempts of conspirators. Then fell the grands of Italy to renounce all duty, contributions, or reliefs to the far distant parallel; from which as from a gulf they found no relax. They drew back obedience from lieutenantgovernors, who gasping, almost at the very last point, for breath, could light upon no true cordial to comfort them; posts could not ply so fast between Rome and Constantinople, as occasion of state did urge; and beside, which is the most desperate effect of a declining fortune, messengers were employed oftentimes with intercession, but returned ever without remedy; disputations were lame, expectations idle, af|fections mutinous. And though I find by the best writers, that during this time of staggering, so long as any spark of hope could live, either of secure defence, or timely and sufficient supplies, the bishops endeavoured their best to preserve the life of loyalty in the breast of fear; yet at the last the civil state declining, the church fainting, and all hope languishing, when both peers and bishops wasted like images of wax à petit feu,' felt the fury as well of the domestical as the foreign sword, and waxed weary of the fruitless comforts that were sent out of the east; they resolved jointly to call in their next neighbours the French for protection, who were able to defend them with a stronger arm, a quicker dispatch, and a better purse, than this sunk estate surrounded with an ocean of incurable extremities. That there wanted in the pope both then and ever since, affection, invention, or expedition, to raise Rome once again, though in another element, ex Albæ ruinis,' to draw their generation of greatness out of the corruption of power, and to make their best advantage of their errors that were wont to give them a commanding check, they may believe that find no grounds of judgment, of experience and truth to con- · ceive otherwise. For being put into possession, by this long desired and lately planted emperor, of a satisfaction, both for profit and for power, proportionable to the pains which they had taken, Cum sudore vultus et tremore

cordis,' about the new establishment, they found other means to multiply their strength and credit every day, by taking sure hold of opportunity, which being lost with idleness, re