For

let no man wonder at the voice of ratification, | author, that works under the reputation of unbut rather note the reproof of imbecility. The suspected truth. Wherefore though this major whole sway and stroke of affairs in the state ' du palais,' or superintendant general over all rested at that time in the hand of one person the French affairs, held in his best course to only, that was Maire du Palais, his sole act was mask religion with the veil of holiness; though authentical, his word was law: to him they re- Zachary were not unwilling in the end to take sorted for resolution; to him they gave thanks hold of this offer for the grounding of a precefor satisfaction: and therefore if it be true that dent of challenge, and advantage in like causes privatio præsupponit habitum,' it must like at another time; though the peers were willing wise be true that Childerick could not be de- to leave Speciem' to Zachary, reserving Vim prived of a state whereof he was not possessed the strength and execution only to themselves, at that instant, without new grounds of philo- let this be neither rule nor instrument of curbsophy. Another author writes misisse baro-ing princes of better understanding, or emboldnis ad Zachari un papam,' that the barons of ening popes of stronger minds. For as well France sent to pope Zachary as it were to con- might the poor fly sitting on the cart wheel sult, whether "ignavum pécus' a drone that de- while it was in moving, wonder at the great vours, or a bee that labours, were more suflicient cloud of dust which she raised in the beaten to command so great a state; and that Zachary, way, as Gregory or Zachary draw counsel to not unlike in this to Alexander the Great, be-power, or make that act their own, which was stowed his voice of approbation on him that hammered in the forge of ambition, counteshould be reputed dignissimus.' Gagwinnanced with a colour of necessity, and executed makes a question to be moved to pope Zachary by a minister, that being weary of subordinafrom the whole estate of France, by this kind tion, resolved by this trick, when the means of comparison, Whether of these two persons, were fitted and prepared to the plot, to make 'data electione,' free choice being given, were himself absolute. The case of kings were pitimore capable of government, he that spendsful, if ex factis singularibus,' out of special his time at home nihil agens' idlely, or he that facts and practices, as the chapter of Liege bending his whole endeavours to affairs in ius-writeth gravely to pope Paschal, it were lawiul tria virtuteque publica negotia moderaretur.' to draw leaden rules in their disgrace. But the pope's answer being, by the report of this author, as was testified before, hoc adducti responso proceres sibi regem delegerunt,' the peers induced by the same, chose Pepin king. But as we know, that a question in point of fact submits no claim of right, so the pope's answer out of discretion, implies no bond or obligation of necessity. With this opinion concurs another writer of that state, proving by an express deduction of the whole cause, that the choice of Pepin proceeded originally from the free consent of the French peers; though for prevention of all doubts and scruples, lest malecontents might ascribe the process rather to respective faction than to single faith, there was great use of the pope's authority disponentis in dubio procerum,' resolving the doubt which caused the peers to stagger. This would have been the end, whatsoever clouds were cast, or the pope had said: but abundans cautela non nocet,' and the persons that either are not at all, or very little interested by their own particular in the point in question, are presumed by the law to regard the matters with eyes of greatest equity. This manner of proceeding is not strange; for Joab fearing at the height of his fortune the shot of envy, pressed David with a powerful argument, to come in person, and receive the honour of giving up of the fort of Rabbath, that by his industry was brought to the last pinch, lest his own glory in the world might swell too much by the fortunate addition of so prosperous an accident. We count that doctor happy, that resorts to the sick patient in declinatione morbi:' and it hath ever been accounted an effect of skill, to wind in the conscience of an upright judge for the countenance of a cause humorously undertaken by the first

VOL. II.

some men undertake too much out of presumption; some yield too much out of cowardice; the greater part strain farther than they ought of right; and those weak rules lighting by mishap into the hand of power, not tempered with conscience, are sometime forced by affection, sometime bent with corruption, and for the greatest part applied with subtilty. It seemeth not, by the report of Paulus Emilius, that this manner of proceeding against princes by the chief pastors of the church, though without passion, and at the request of public states, was usual or ordinary in those days; much less humorous, violent, or voluntary decrees. For Zachary himself was at the first so moderate and mannerly, ut non auderet tam magni momenti cogitationem suscipere,' so much as apprehend a conceit or thought of so great a business. And therefore though we should dispense with Gregory 7, in vouching this predecessor in point, yet the predecessor himself by daintiness, doth in a sort disclaim the charter which he should pretend, without either enforcing or urging, in so plain a sphere, any external traverse of obliquity.

By this author it is manifest, with what tenderness, advice, and caution the pope opened a vein that is apt to bleed above the measure which the doctor's art prescribes: for finding by equity, that Childerick was the last branch, though sear and withered, of Clouis the first Christian prince among the French, that he was

sine liberis, sine ingenio,' without either issue or discretion, the strongest sinews both of succession and governmet, that he was so Lenumbed with sloth and sensuality, that he could not feel the taking off his crown from his head, that his suppression was not only sought by

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France, but applauded by the world: the pope | rick, (as other would barons of another side) proceeded, having perhaps in his eye the bond further than the warrant of their proof makes whereby he might engage the kindness of king way; which moves me with a better will to let Pepin to the church of Rome, against the Greek-them pass, and leave the judgment of this ish emperors, transported with jealousy. This point upon the credit of such authors as had no makes Kransius in his history of Saxe to won-reason to speak more than truth for advantages der at the fastness between the French kings of either part, because in those days not the and the popes, like hands that wash and help manner, but the matter; not the circumstance, one another by mutual support, in attaining but the substance; not quo jure,' but ‘ad those high objects which both aimed at. Anto- quem finem,' came to be decided between the ninus joins with others in expressing the demand pope and the parlament. comparative between a prince of judgment, and a faict-neant,' an image, and a man; between a king indeed, and one qui solo nomine regio 6 tegeretur,' that was only masked with the name and title of a king; adding, that the states assembled upon the first return of the pope's answer, suppressed Childerick, and raised his | competitor. Zachary was so far from levelling at the person or the clown of Childerick in bypothesi,' if we give credit to our own countryman Polychronicon, as he only meant in thesi' to set down his judgment of the difference which a wise state ought to make between two princes qualified, not only in a kind of disproportion, but of a direct opposition of gifts and properties. Gotefridus Viterbiensis, striking rather at the root, than at the branches of this enterprize, affirms not Francos Zacharia paroisse decreto, sed acquievisse consilio:' though the difference be as great as between an absolute injunction and a politic advice. Sabellicus, without so much as dreaming of a donative, avows a counsel by these words, consulto prius pontifice.' Nauclere yet more roundly if it be possible, that after the peers had first elected, the pope ratified: and with him agrees Blondus in one tune, without either rest of violence, or inducement of affection.

But touching the pope's process against Henry, the chapter of the church of Liege doth unfeignedly protest, that in their exact perusal of both Testaments, they could find no precedent hujusmodi præcepti apostolici,' of any such injunction or writ apostolick. A good caution to make us tender in misdeeming of their reports and testimonies, which (living in the time of this distemper void of passion, and qualified with modesty, being learned both in the scriptures and civil laws, and regarding more the peace and quiet of the church, than the partialities or humours of either side) affirms sound y out of knowledge, and confidently upon their credit, that this Gregory 7, was the first pope that deposed any prince by the warrant of St. Peter's Keys; or, to use their own phrase, that ever lifted up the priestly launce against Cæsar's sword, not dreaming of any formal process sent out by pope Zachary against king Childerick.

The very circle of a crown imperial (so far as any state or fortune beneath the moon can reach) implies a perpetuity of motion: for according to that principle of the mathematicks, as it begins from all parts alike, so in seipsa desinit,' and ends absolutely in itself, without any other point or scope objectual to move unto. That the pope hath sometimes set the crown imperial upon Cæsar's head, since the crowning of king Pepin, (whom I take to be the first) ought to be no reason of his to-sing crowns from head to head like tennis-balis; for this were the way by signs to destroy substances, and to oppose formality to necessity, and occasion to institution. The metropolitan of every kingdom, may do as much in form, Non conferendo jus, sed implendo justitiam,' not con

Out of Aventine I draw two reasons of conclusion against the jurisdiction of pope Zachary, The first, That being moved by the French peers as before, be takes his ground of answer from the revolt of the ten tribes, (though as aptly as a man might avow the rising of Jack Cade against his anointed sovereign.) For, the sins of that ungodly race, the curses that were pronounced against the rebels themsches, and the censures of God's prophets, evidently prove, that the fact was exorbitant. The same rea-ferring right, but doing what is just and right, son may be drawn from Zachary's own paradox at the same return, de fending, that since princes hold their crowns and governments of the people's choice, in whom it resteth absolutely constituere et destituere,' to constitute and desert; though the doctrine be as dangerous as it is damnable, yet hereby it is evident (for ine) that the right of deposition (Leing, as the pope himself avows, invested in the people) was not in himself, and by consequent, that he was a counsellor, but no commander; an assistant, not a judge; and that he did only approve by admittance, not enjoin by prerogative.

I know that Mr. Garnet and the rest will as unwillingly admit the judgment of the centuries in this circumstance concerning Childe

as it is aptly said by one of their own partners. For though the pope reserve unto himself this final interest of crowning an elected emperor at Rome, and some flatterers would derive a kind of necessity for consummation and establishment from thence; yet many emperors of an elder date, and Charles 5, in our time, have been ready with their swords in their hands to prove (notwithstanding filial regard and rever ence to the mother-church) that the stroke of power is absolute without relative formality. I conclude this question concerning Childerick, with an argument inevitably either by invention or sophistry, not disabling the witnesses. For Soto, both a friar and a learned schoolman, holds, that extra causas fidei ipsi pontifices nunquam ausi sunt reges deponere:' the

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popes themselves durst never depose any king without the compass of such matters as concern faith. But Childerick was deposed not for any point of faith, but as pope Gelasius writes to Anastasius, because he was of no use to the commonwealth; therefore it is not possible that Childerick should be deposed by pope Zachary. What hue-and-cry bath been made in former times against uncivil claims, varnished with religious pretences, nothing prove, more plainly than the strong opposition which was made at the Holy-Land to Pelagius the pope's legate, for seeking to draw in all parts to the share of the church, at the taking the rich city Damiata, not unlike to the partition which was made by the lion to other beasts that hunted in his company: for it is true that at the first they wondered, and after complained, that the minister of him, whose office was to strengthen by advice, should discourage by too much greediness.

nisheth. There are cases wherein a man, that doth but in a word salute and giveja God-speed' to a grievous sinner, is said Communicare operibus ipsius maliguis: But this is not ever; when St. Clement's successors censure more out of passion, than out of reason. Christian princes were not so much as thought upon when this course was set, and therefore far out of pope Alexander's aim, that is, made to wound a king standing so far off, with a headless arrow, Reason satisfies thus far, that the pastors of the church, excluding us out of the fold, can bercave us only of those things which they give us at our coming in, that is, the kingdom of heaven, more in value than ten millions of worlds, but no kingdom upon earth; co-inheritance with saints, not with sinners; eternal blessings, not temporal benefits. It appears the wardrobe is very beggarly, as one of Mr. Garnet's fellows wrote over in such another case, that affords nothing but rags instead of robes; and the stock goes low, that would pay counters for Portagues.

These are all the predecessors which Gregory 7 presents as it were in a mummery, to cast dice for a prince's crown, as the soldiers did for the seamless coat of Christ: For they come, and go out again, without either speaking any word, or giving other notice, than by signs, which is nothing in effect: Their end 'should rather give evidence, than make appearance," dispute, than dally. It is hard that the pope should flourish in this shameless manner, about the heads of anointed majesty with a rusty sword, which since the time that St. Peter was commanded to put it into the scabbard, was never drawn, nor by the rule of Christ ought to be.

King Edgar in an excellent oration, persuading the Saxon bishops that had the sword of Peter, to join hands with him that had the sword of Constantine for the cleansing of the

To that example which is given by Gregory 7 of Alexander 1, another supposed predecessor, absolving Christians from oaths, it were idleness to shape any formal answer; since it hath neither likelihood in common sense, nor ground of antiquity: For, in a thousand years after Alexander 1, this kind of releasing oaths was not hatched, much less practised. It is not probable that a discrect pope, void of humours, as in that first spring of piety all were, would have sought to range a faithless prince to formal discipline, since Paul himself refuseth to judge those that were no sheep of the fold, but foris, that is without. And as unprobable it is, that when the bishops of Rome intended most the winning of souls by obedience, that should give so great cause of distaste to those princes, that by the strength of their own laws were most absolute in authority. It may be that Alexander 1 might comfort and secure the conscience of some Christians that were over-scrupulous and precise in observing wick-church, meant nothing less, than that it could ed and unlawful oaths, which are ipso jure nulla,' though the pope should not dispense, and therefore broken with a better conscience towards God, than kept. But how proves that the breach of lawful oaths to princes that are rightly seated in their state, though perhaps not ever good, which the church condemus, and no law justifies? I hold it most absurd, that the church of Rome for greatness, or the church universal for instruction, would not have kept record of such a fact, if any such had been: But it is not hard to prove quidlibet ex quolibet,' where men may devise to But howsoever some weak sovereigns, that join their own positions, without care either to received their authority from God for term of answer for presumption, or to account for ig-life, have notwithstanding been content to hold norance, and then to grace them with protes-it of the pope at will, this bars not others of a tations of piety.

The caution which St. Peter is said to give at the ordination of St. Clement, that no man should be favoured or kindly entertained by the true professors of religion, against whom his successors should conceive offence, may admitted without prejudice to this point; if we speak of such just offences as God's law pu

be

be in a bishop's power against himself, to make use of the material sword, which was assigned to his custody. He tells Dunstane in the same speech afterward, that it was he that commited this trust to the bishop's care, that should chastise offenders indeed: But how? Episco

pali censura, et authoritate regia,' by the episcopal censure, and the king's authority. Gregory 7 was not yet awake, who putting two swords into one sheath, intends nothing more, than to drive princes out of the field with their own weapons.

quicker spirit, to examine evidence concerning' the point of right, before they suffer themselves to be concluded in the court of equity. Subjects that are dutiful, and not apt to be transported from their faith with every blast of ambitious spleen, cleave fast to the foundation which is the band of obedience, not voidable by strong intruders, nor partial interpreters. I

confess, that a godly pastor ought chiefly to own opinion, that the medicine was over-sharp provide, that Christ's humble sheep should be and violent for the malady. True it is, that folded in due season, and safely guarded from the grudge of Gregory to this emperor began the persecution of wolves: but the sheep, for first to fester in his heart a good space before, their part also, ought to be as cautious, that a in respect of the countenance and aid which wolf be not the bell-weather; which hath hap- Henry gave to Gibert, bishop of Parma, chosen pened as often in many churches, as the bi- pope by the cardinals on that side of the Alps, shops out of their affections and wreakful pas- with opposition unto Alexander, whom Gresions have been authors of a far greater effu-gory, that was then but an arch-deacon, higldy sion of blood, than hereticks or infidels out of favoured. their malignity. Further, if we may give credit to that strange vision which Sozomen in his history reports, there arose a question not only among doctors upon earth, but even among saints in heaven, what course was best to be taken with Julian the renegade, notwithstanding his apostacy, in respect of place: And yet of both, I presume, that Mr. Garnet held him a man of worse condition and affection towards God and godly men than Henry 4, whom without the least gall of conscience, or supposition of doubt, the pope deprived thus unworthily.

Touching the quality of this afflicted and tormented emperor, and the true state of his cause, which was the ground and motive of the pope's sharp choler, I need not at this time say much, when much cannot be said for want of time; but will leave him with his opposite to their final trial by grand jury at the dreadful har, where the books of all accounts and evidences shall be laid open, and sentence shall be rather grounded upon just desert, than partial desire: And where no man shall be either charged out of the envy of Crassus, or defended by the eloquence of Anthony. I am not ignorant of that which writers on both sides, imperial and pontifical, Guelphes and Gibellines, have set down touching pope and emperor, according to that humour which infection and distraction of parts envenomed their pens. I know that a man may err easily, bending too much out of partiality or prejudice to the bias of either side: And I want that just measure of discretion and distinction which should level grounds, that are made unequal and uneven by distempered conceits. But whether the pope were vexed and disquieted with Henry's challenge of investiture of bishops' per bacu'lum et annulum,' and collation of churchpreferments, as some think, though many kings, and ours especially, have had, and ever challenged the like prerogative in their own estates, or with the instigation of Sigisfred the archbishop of Mencz, to withdraw subjects overhastily from their ordinary resort to Rome, as others write, though this hath been the case of some other princes in like sort that escaped thunder-claps, or whether Henry's mean account of the pope's admonitions, or his preparation to withstand force with force, put the pope into choler, as other emperors have done often times, both before and since, with more easy peuance for supposed pertinacy: Whether all these or any one of these occasions gave fire to the train, though I presume not to resolve, yet I may be bold to conceive in my

But supposing all were true that either colourably or justly hath been given out in this cause for truth, I desire to learn of some grave doctor whether these poor motives were proportionable to the pope's glowing indignation, which shutting his gate against the emperor, (I will not say uncivilly, but uncharitably, that came barefoot in a bitter frost to witness true contrition of heart, for satisfaction to wrath) set up a competitor against him in Germany, while he was labouring by this painful pilgrimage to Rome, to work a perfect reconcilement with the pope; and to write to the party opposite, lest they might shrink upon those shews of friendship, likely to ensue between the emperor and him, that he would send him back, as he would use the matter, culpabiliorem' more culpable, and by consequence more subject to their violent advantages.

Nay, which is worst of all, after peace and friendship, and absolute forgiveness of offences sworn, and the sacrament received by the emperor, (for the better assurance of the league intended at the pope's own hand) to arm his son against him in the field, under the pretence and mask of zeal, ut nomen Augusti ab hæresi 'vindicaret,' that he might redeem the title of Augustus from the blot of heresy: for to this center all the lines of the pope's disguised exceptions may be drawn, and in this gulf they vanish: as if no man could embrace a sound belief, unless he had a servile heart: as if all that oppose against intruders were hereticks; as if it were not lawful for the emperor to set up a traverse in the church, so long as be resolved to exclude the pope from competition to the chair of state: or as if the supposition of heresy at large without conviction of any point heretical, against the canons of the church by proof, were a common jail, wherein the pope's custom is to lodge all christian princes, that by contradiction to partial demands upon just grounds are condemned as his cast-aways.

Last of all I would know where the pope learned to forgive culpam,' but not pœnam,' to a prince, that in the end was more willing to solicit union, than to rankle hate; or where he learned to distinguish between restitution to grace and majesty, by suspending that part of his favour that might put him into possession of his own lawful interest. I find by Sigibert the abbot of Gemelack, that in his time it was holden hæresis nondum in mundum emersa,' that the chaplains of that powerful God, that oftentimes makes hypocrites to reign propter pecata populi,' should cast the rod into the fire, before that faults were chastised according ta

deserts; or by their absolute commands, dis- | tend to the quicker and the juster punishplace those instruments, that, as powerful ex- ment of sin, release unto himself: and yet ecutioners of heavenly judgment, are to dis-shall we think that the promise which was charge the duty which is laid upon them.