A Discourse of the Ecclesiastical State of this Kingdom, Conclusion 2
THE SECOND CONCLVSION. That vnderunder the dominion and protection of this Civill State, this State Eccleſiaſticall is moſt likely to enjoy all thoſe rights that can any way belong vntounto it.
THough they that ſit at the tops and ſtearnes of States, amongſt all their great and graue cares, doe little regard the opinion or cenſure of private men, ſince they are no bound to giuegive a reaſon of their lawes, no… an account of their actions, their adminiſtration being abſolute. Yet if by theſe lawes, privat… perſons deſerue and ſuffer publick puniſhment, not onl for offering private wrongs, but alſo for with-holdi… particular rights: ſurely theſe law-makers and Adminiſtrators of juſtice, that will not ſuffer injuries vnpuniſhed, will be ſo farre from doing wrong, though it be but to poore and private men, that they will feare, though they cannot flie the ſuſpition of it, and be as carefull to obſerue a juſt and geometricall proportion in the diſtribution of dues and duties. Now if private and common ſubjects are not onelyonly ſecure from injuries, but alſo according to due deſert publickly regarded, and rewarded for their particular ſervice to the common-wealth, though their ayme be but at their owne perſonall and private profit; one may ſafely conjecture, that the publick and politick parts and pillars, the diſtinct and ſetled ſocieties of that State ſhall be as ſtrongly ſecured from detriment by wrongs, and as freely and fully favoured by advancement in rights. Yea it may be fully preſumed, where a State is ſo framed, that they are all vnited in one head, without dependance and ſubordination to each other. As in a Monarchie, which with an equall impartiall proportion, giues protection, diſtributes rewards; when as if their vnion and communion be continued by a collatorall relation, and mutualitie of members, their equality of power and deſert would breed emulation, if not envie and indignation, and make them ingratefull to each other, if they be not injurious.foreign Ariſt. lib. 2. c. 12. As it is where the government is Ariſtocraticall, which may be ſeene in the envious oſtraciſmes of the Athenian, Epheſian, Venetian States: Thucydides hiſtoricus in exilium pulſus erat, quae fortuna optimo cuique Optimatum Athenis accidere ſolet, (as Paulus Iovius ſaith of the Venetian common-wealth.Cicero de Orat. lib. 2.) Neminem temerè ex Optimatibus qui vel inſigni virtute, vel ſpiritu in gerendis rebus, caeteris antecellat, potentem & clarum fieri patiuntur. Iovius Hiſtor. lib. 1. Machi vel. diſc…r. l. 1 c. 29.So that it is but a perverſe and peeviſh paradox in Machivell, to hold, that a princely Monarch vſes to be more vngratefull, than free and popular States, when as they either returne malice and miſchiefe in reward of ſingular merits; or if ſuſpicion, which he makes one ground of ingratitude, doe not make them, at leaſt to ſuſpend them by a relegation; yet avarice, which is his other ground, will make them really ingratefull, though formally they pretend a reward. For if they giuegive any thing, it will not be worth the taking, in ſtatu populari & liberis civitatibus, praemia liberalitatis plus habent honoris quàm vtilitatis; they beſtow nothing but vaine, vaniſhing,Bodi… pub… empty, and aërie titles, which are blowne vp, blowne out, and blowne away with the breath and voyce of the vulgar that gaue them, ſo that they doe him that is gratifyed no right and reall good:Ariſ… 2. ca… foreign; it is not gratifying to giuegive things that are contemptible, for no man will confeſſe that hee hath neede of them, but theſe toyiſh titles doe men more harme then their ingratitude could. For titles without proportionable eſtates; doe not onelyonly fall vnderunder the miſerable ſuccour of other mens pittie, but are alſo a temptation to provoke all men to contemne them. But one maine reaſon of this difference in rewarding is, that Ariſtocracies reſpect themſelues in it, when as a Monarch to whom all giuegive due and loyall reſpects, doth powerfully protect and royally reward with reſpect to all. But as all our moderne Monarchies are diſtinguiſhed into ſocieties, as in ſome Kingdomes there are fiue States;Theſa… Apotel as in Denmarke, France, and in Brittaine three, which as they are ſubordinate and inferiour one to another, ſo the ſupreame Governour doth regard and reſpect them with different degrees of favour and care, with conſideration of what conſequence they are to him, and ſo proportions penſions, and of what need they ſtand of him; and ſo affords protection, ſearching into the ſeverall circumſtances of their imployments and abilities, as of what vſe they are in point of neceſſitie, vtilitie, and honour. Now all theſe three States are neceſſary, profitable, and for honour of the Prince, but not equally at any time, nor conſtantly at all times; neither in reſpect of peace or warre, domeſtique or forraine: ſo that as one ſtate doth make it ſelfe more neceſſary in relation to an extraordinary time of neede, ſo another may be more profitable in the continuall ſupplying of ordinary expences: and the third may bee more for the honour of a King, both in ordinary and extraordinary actions. Now a King that preferres his honour before his profit, at all times will more reſpect that ſtate which ſtands ſtrongeſt for his honour at all times, then that which is more profitable at all times; ſo will hee more eſteeme that which certainely ſupplies his ordinary continuall charges, then that which may bee more neceſſary, ſi coelum ruat, vponupon an extraordinary vnlooked for occaſion: becauſe wiſedome is not imployed in preventing, and providing againſt what may be in poſſibility, but againſt what is likely in probabilitie: ſo that in the naturall body though there bee more continuall intercourſe and mutuation of needfull ſupplies reciprocally betwixt the head and the heart, eſpecially from the heart: yet thoſe externall members that are neareſt vnited to the head, hauehave more externall honour, as the eyes, the eares: ſo in the body politique, there is a conſtant interchange of ſuccours and ſupplies betweene the ſtate Civill and Eccleſiaſticall,His Majeſties inſtructions to the Biſhops. 1626. yet the ſtate of the Nobilitie eſpecially taken for the Councell, is of higheſt aſſiſtance, which are as it were the eyes and eares of the King in publique providence and intelligence,foreign. Zetzes Hiſtor. Clibias. 1. (as Dion Chryſoſtomus) foreign.
Theſe principall Peeres that are ſo cloſely vnited to the head, that they communicate with it in the moſt ſecret and ſerious adviſings, deſervedly enjoy the faireſt fortunes and favours; for it is great reaſon that Kings ſhould heape and beſtow vponupon the watch-towers of the ſtate the greateſt and higheſt honours in the ſtate: that as they are neareſt, ſo they may be deareſt, being his right truſty and well beloved Councellours. And their imployment is no more immediately eminent then the truſt of it troubleſome and dangerous.
§ 2 And the next ſtate in high eſtimation with Chriſtian Protentates, and with many the moſt eſteemed in all reſpects is their Clergie, the ſtate Eccleſiaſticall; vponupon which they hauehave heaped favours to the very exhauſting of their treaſures.Tac… lib. 2 Imperium amore religionis ſemetipſum exhauſiſſe, &c. I am not able to reach the reaſon in point of ſtate, of that extraordinary extravagant large liberalitie: but thus much I am able to compaſſe and conceiue, and ſhall endeavour to make it plaine; that whatſoeuer right and reaſon any King in Europe hath had for this 400 yeares to vphold his Clergie, and conferre favours and honours vponupon it; our preſent ſupreame head of our Civill ſtate hath all that right, and more reaſon to bee as royally indulgent to our preſent ſtate Eccleſiaſticall, as none can deny: but as he that hath chiefty of power over the whole body of the Common-wealth, may rightly and juſtly favour, beſtow rewards, priviledges and power vponupon any publique ſocietie, or private perſon in the ſame: ſo none will affirme that all that hauehave ſupreame power hauehave the ſame equalitie of right, to endow with priviledges, or inrich with rewards; becauſe that all doe grant that all Kings hauehave not Dominion in the ſame equall altitude and latitude, and ſo cannot ſo highly advance in priviledges, leaſt they ſurmount their petty prerogatiue: nor ſo largely giuegive them power and revenewes, leſt their extention ſhorten their owne. And the grounds of this inequalitie are diverſe, in handling of which I will neither follow Machivell, nor Iunius Brutus; becauſe I finde them to runne into two extreames, the one granting it to all out of the looſeneſſe of a wanton wit; the other denying it to all, being carried by the ſtream of innumerous particular authorities; & that becauſe, as the other wanted conſcience, ſo he wanted experience: or rather becauſe Machivell lived when all Princes in Italie claimed and vſurped equall and full power, and ſo writ what they did, not what they ſhould doe; and Brutus might endeavour to diminiſh the power of all, becauſe he would not hauehave the French King hauehave ſo much, which he might thinke too much for the preſent: if hee conſidered it with the times before Lewis the eleventh, wherein as the Peeres and Parliaments had too much, ſo the Kings had too little: ſo that their difference of Dominion is not according to that fullneſſe Princes can make it when they are once in poſſeſſion of a Kingdome; nor according to that diminution wherewith diſloyall ſubjects impaire it, when they threaten and raiſe a rebellion; but it is according to the ſeverall meanes whereby they attaine or obtaine their Kingdome. Now all ſupreame Dominion in a Monarchie is attained by conqueſt or ſucceſſion, or obtained by election: Kings that come to it by the right of conqueſt may hauehave as much power as they will take; they make their owne Charters: thoſe that come to it by ſucceſſion hauehave as much power as their anceſtours, accepting of ſuch lawes as they finde; thoſe that hauehave it by bequeſt,Cujacius obſerv. lib. 7. cap. 7. and are adopted heires (for adoption is good by laſt will and teſtament) hauehave the ſame right that a naturall ſucceſſour hath, if the adoption ſtand good.Hottoman. illuſtr. quaeſt. 1. As the Kingdome of France was giuen to Edward the third by Charles the ſixt: but thoſe that are called to it onelyonly by election, their power is reſtrained and curbed with cautionary conditions, and ſtands limited by them.
Now if all theſe hauehave great power in their ſupreame government, by any one of theſe rights to attaine a Kingdome; ſurely hee that hath it by all theſe rights conjoyned, hath more power then any hath that is intituled to it but by one,Briſſonius de Regno Perſico. lib. 1. eſpecially by election. But our preſent gratious Soveraigne hath it by lineall ſucceſſion from an abſolute Conquerour, which was confirmed to his father of pious memory, by the Nuncupatiue will of his ſacred predeceſſor,Anno Iacobi: A juſt recogni…on of an vndoubted ſucceſſion. who then adopted him, and all was made ſure vntounto him by the electiue aſſent of the ſupreame Nobility, without any croſſe-courſe conditions, (as falls out) when the ſouldiers or people elect. And as it is plaine that hee holds by all theſe, ſo I doe conceiue I could make it appeare, that moſt Kings in Chriſtendome hold primarily and principally but by one of theſe, and that of leaſt power. But that I am loath to touch the tickliſh and tender titles of forraine Potentates; neither will I ſpeake any thing of them as their ſtates now ſtand, but onelyonly in a word ſhew what anciently they were: for in my poore judgement their government may bee as good and lawfull, if they hauehave had the power and opportunity to caſt off and free themſelues from theſe bridles and curbes of government: for not the moſt limited power, but the beſt rectified is ſafeſt both for Prince and people.
§ 3 To ſhew then how it was with them heretofore, and to begin with the Empire after it was tranſlated to the Almaine. Long hath that Empire continued by the election of the high Chamber of the Septem-viri, the ſeaven ſelected Electors of Germany; and ſome of the beſt Emperours hauehave ſo well liked it, that they hauehave not onelyonly beene willing to take the promiſſarie oath containing divers ſtrict conditions, but hauehave alſo granted them new free Charters; and large prerogatiues; as Charles the 4. in his Bulla aurea, and ſo held ſo looſe and light a hand over them, that one of the Electors, the Biſhop of Ments, in the Councell at Franckford, ſaid, the government was Ariſtocraticall, which might bee well taken if he meant it with reference to the Councell.Clap Arca lib. 5 Com… 10. … Gra… cia l. man… Guic hiſt. Iere… The Kingdome of France ſeemes not to hauehave beene anciently ſo abſolute and vnreſtrained as now it is, for the twelue Peeres of France, qui ſunt ut in Germania principes electores, had not onelyonly royall priviledges, and did not owe ſimple ſubjection, but reſpectiue homage; and had a regall authority in their ſeverall Provinces, and the command of the chiefe forces: but alſo had the power, if not to elect their King, (as Nauclerus ſaith) and as it ſeemes true, becauſe they hauehave depoſed them; yet to determine, when there is no great doubt who ſhall ſucceed: and their ſetting alwayes vponupon an heire male (which is the courſe of electiue ſtate) ſhewes it to bee ſomewhat electiue; for the reſtraining of it to the heire male, did not primarily proceed from the Salique law, becauſe many of their Kings hauehave beene Lorraines; Hottoman. apollogia Catholica. §. 6.which Dukes, (the French Civilians ſay) doe not obſerue, nor are vnderunder the Salique law: but if it bee not electiue, it ſeemes not to be ſo cleare a ſucceſſion, becauſe it is a maſculine feud entayled vponupon the heire male: yea the predominant extravigant power of the Pariſian Parliament ſeemes to intimate, that the ancient ſtate was not ſo free and abſolute a Monarchie; for they called in the Kings edicts, ſent forth the contrary: and no appeale lay from their ſentence. Contra illud tantum ſupplicare licet, a petition of right onelyonly was permitted;Gymerus Comment. in prag. ſanct. tit. de autoritate Conciliorum. ſo that this ſtate which is moſt abſolute of all others, ſeeemes to hauehave been anciently not ſo free and uncontroleable in its government, as a free Monarchie ought to be. The next is the Kingdome of Spaine, which hath of old beene ſo diſquieted with the continuall incurſions and invaſions of the Moores and Saracens from the South, and Gothes from the North, that it hath ſcarce time to ſettle, as water toſſed. But when it did pitch vponupon the forme of a Monarchie, it was electiue, as appeares out of the Councell of Tolledo; Con…il. Toletan. 5. cap. 3.Si quis ad Regiae Majeſtatis pervenire faſtigia ambit abſque electione nobilitatis Anathema ſit: yea and in their latter dayes their forme of inauguration, doth import and imply the ſame: for thus it runnes, Nos qui vale mos, tanto comme vos, y podemos mas quae vos, vos elegemos. Hieronymus de Blanca de Hiſt. …egamine.Rey, con eſtas, y eſtas conditiones, intra vos, y nos: yea and the Juſtice of Aragon hath had as much power as ever the Parliament of Paris; as in plaine, not onelyonly in their vnlimited immunities, but alſo the power they vſed againſt the Kings edicts: as may bee ſeene in their writs, called los manifeſtados, y iure firmos; from which power,Idem Thua though the Inquiſition hauehave freed the Kings ſince Fardinando: yet I doe not conceiue how that ſtate ſhould bee more free then before, becauſe it is vnderunder the power of a tyrannicall Inquiſition. So that the Kings of Spaine had done more providently in preventing their prevailing greatneſſe, if wee conſider their domeſtique freedome in government; though their advancement may advantage them to bring forraine ſtates vnderunder their ſervitude. But it was hard to hinder them from at leaſt ſo much power as they were able to take from the other, ſo that Tullie had no great reaſon to aske Atticus, (and that in Greeke as a ſecret,Ad A 9. ep not to bee vnderſtood of any that ſhould intercept his letters) foreign, few doubt it, and this may bee moſt vnqueſtionable with Spaine, witneſſe Naples and Millaine. Theſe Inqiuſitors are like Ephori in the Spartaine republique, whoſe Kings are obſerved to hauehave the moſt reſtrained power:Thu… for the chiefe of theſe Inquiſitors hath a great power over the King in his owne Court. Inquiſitor generalis, qui Aulam Regiam ſequitur, Theſ lit.cum adjunctis conciliarijs Eccleſiaſtici ordinis poteſtatem contra ipſum Regem vſurpari poteſt: ſo that by all this it is plaine, that the Spaniſh Monarchie hath not long beene a free Monarchie at home. But that which makes moſt, to proue theſe ſtates not abſolute, is becauſe an appeale will lie from any of them to the Optimates and orders of their Kingdomes, for extrema provocatio is one principle; inter ſumma iura imperii: Clap Arc… lib.In imperio tamen Germanico, (vt teſtantur pragmatici) ad ſacram & ſupernam Cameram provocatur, apud Gallos ad octo curias matores, apud Hiſpanos ad quatuor curias; even as a generall Councell is aboue the Pope being electiue. As for the other ſtates of European Monarchies, without all queſtion they are at this preſent electiue; as Poland which made their King Mieciſlaus ſend Lampartus Biſhop of Cracovia to Pope Benedict the ſeaventh, vt Regem ſe Polonorum & poſteros ſuos eſſe iuberet, Herbert. hiſtor. Poloniae lib. 1.ſed ea res propter iuſtas cauſas, ad aliquod tempus dilata fuit: yea, it was never obtained, but it ſtill continues electiue; Moderata eſt principis Poloniae poteſtas, Thuaenus hiſt. lib. 50….quia non naturae legibus in paternum regnum ſuccedit, ſed communibus ſuffragiis ſenatorii & equeſtris ordinis & publica exclamatione nobilitatis eligitur. Hungary alſo is electiue, although the Spaniard hath intailed it upon the match with the Infanta, which will eaſily bee cut off, and ſuffer a recovery into the former freedome. In Hungaria liberam habent electionem, Cominaeus lib. 10. Coment.& inde ab eius morte proceri Budae conveniunt: I might ſhew the like of Denmarke, but no more of that, I know not how this may be taken; but I hope well, becauſe in this I deliver onelyonly what is licenced intelligence, even as Honorius and Theodoſius did interdict, ne alicuius regni arcana ſcrutarentur; Guiccardino Hypomneſes Polit. 106.but it was with this Proviſo: Legatus tamen reverſus omnia narrare debet.
§ 4 Theſe inſtances are ſufficient to proue that our preſent Prince hath moſt vnreſiſtible power, and ſo moſt vnreſtrained right to favour, and freely beſtow immunities, priviledges, and revenewes vponupon any ſingle ſociety, or ſingular perſon within his Dominions. Now the next thing to bee prooved is, that as hee hath more right to ſhew favour to what ſtate hee will; ſo hee hath more reaſon then they all to favour his Clergie moſt. This government of our King is not more free in it ſelfe then it is freely and willingly ſuſtained; which ſhewes that it is the ancient equall, and as it were the moſt naturall government of this Iland, and therefore the power is moſt right; becauſe naturallized by cuſtome when as in other Kingdomes, yea in many pettie particular ſtates; that little power they hauehave improoved by force, they keepe and exerciſe by the ſame meanes. Hence it is that they dare onelyonly truſt forrainers to be their guards: as the French hauehave the Scots, and Suitzers; the Dukes of Florence, the low Dutch, which choyſe doth either proceed from tyranny in the Kings, or perfidiouſnes in the nation, foreign, as for inſtance,Ariſt. R 1. cap. the firſt Dukes of Florence were eſteemed no leſſe, for it was libell-wiſe written over the doore of Coſmus, De Medices (the firſt Duke) where he was ſicke, and tooke phyſick, qui Medicè vivit, miſerè vivit, which they vnderſtood of the Medicean tyrannie, both in reſpect of his feares, and their wrongs in his oppreſſion. And in this age there were ſome, that would hauehave brought an Italian guard into France and Scotland, but it was when they aſpired to vſurpe them both;Thuan… lib. 23. Guiſiani Italorum cuſtodias quòd aſſuetis negotiis ſuis, non ſatis fiderent, adhibent, ſui potiùs quàm regni, aut regis munimento; when as our Kings hauehave found out by long experience that to be true, which Dion Chryſoſtome told Trajane the Emperour,Dion Ch foreign. foreign, ſo that they regard no guard, but the louelove of the ſubject. But to returne: It is no ſmall encouragement to me, before I argue it in any point, and a ſtrong argument for me, that a ſacred Soveraigne hath and doth proue it true, in his moſt royall and religious practice. For I doe not beleeue, that there hath beene any Emperour, Monarch, or Potentate ſince Charles the firſt and the great, that did ever ſo truly and conſtantly favour, and carefully protect a poore Clergie as hee hath done. But let vsus conſider what great reaſon of this favour there is: wherein I will not ſearch vainly into his Majeſties particular reaſons, for I ſhould not be able to finde them out, becauſe a Kings heart is not to be ſounded and ſearched by a private head, that is not able to conceiue the heigth of their ends: but I will diſcourſe of it a hee is our King; …f from a ſingle relation, there doe ariſe as ſingular reſpect, ſurely a double portion of reſpect will follow a double relation. Now this Ariſtocraticall Clergie hauehave not onelyonly relation to their Prince, as hee is a crowned King and they his lawfull ſubjects, but alſo as hee is the Lords annoynted, defender of the faith, according to his juſt title (as his Maieſtie pleaſes to ſpeake in his declaration before the Articles.) For they alſo are the Lords annoynted, deliuering that faith; and the Primate of them, the immediate inſtrument of his conſecration; ſo that as by the crowning, they are by right his ſubiects, ſo this annoynting of God, ſuperinduceth a brotherhood betwixt Kings and Biſhops (as Sr Francis Bacon in his Booke to King Iames) for this relation is onelyonly ancient in our Kings amongſt the Princes of Chriſtendome; for though, as our Soveraigne is crowned by the Archbiſhop of Canterbury, ſo the Emperours when they were Kings of France, began to be annoynted and crowned by the Archbiſhops of Mentz, Collen, and Trier, as they were Emperours; and by the Archbiſhop of Rhemes, as they were Kings of France. Yet the Kings of France of the firſt line, at leaſt, were not annoynted (as one of the freeſt Hiſtorians confeſſes) De la primiere Lignèe oinct ny ſacre à Rhemes. Girarddu Hallon des affo… …es l. 2.And though the Kings of Spaine are crowned by the Arch-biſhop of Tolledo, the Kings of Denmarke by the Arch-biſhop of Vpſale, the Kings of Polonia by the Arch-biſhop of Gueſire, the Kings of Hungarie by the Arch-biſhop of Strigon, the Kings of Navarre by the Biſhop of Pampolune, yet none of them were anciently annoynted. Now it cannot be denied, but as this reall relation doth more peculiar and appropriate the State Eccleſiaſtick to our King,Vid. Legibus ſaucti Edvardi. ſo it makes him not onelyonly the ſupreame head and governour, but alſo the chiefe guide and guardian: for by it he is more than a meere Lay-man; hee is a mixt perſon, having ſupreame Eccleſiaſtick as well as Civill government, Reges ſancto oleo vncti ſunt ſpiritualis iuriſdictionis capaces. Which ſentence was applied to our King, in the time of Edward the third:33. Ec… Aide l… Gryme 12. §. And Guymer in his Comment on the pragmaticall ſanction of France, is peremptorie quòd Reges inuncti non ſunt meri Laici; and addes, inde Reges Angliae conferunt beneficia. So that by this is there ſome addition granted to the power of Princes over the Church. Though the old gloſſe vponupon the Clementines avouch, quòd vnctio nil addit ad poteſtatem Imperatoris, which the Gregorian edition of the Common Law did well to diſlike,Cleme… tit. 6. Regis. but they ſhould hauehave done better, not to hauehave given a worſe. And if it adde to their power over the Church, then as they hauehave more right by it, ſo they hauehave more reaſon from it to doe what good they pleaſe for the Clergie. So that, doe but conſider the quality and qualifications of our Kings perſon, to doe for his Clergie, and you will ſay, he hath greateſt reaſon of any Prince. Conſider againe the reaſons on the part of the preſent State Eccleſiaſticall, and you ſhall finde, that they deſerue more of their Prince, than any Clergie theſe foure hundred yeares.
§. 5. But I muſt preſuppoſe before that will be granted, that our Monarch of great Brittaine hath not any reaſon to giuegive or beſtow meanes and revenues vponupon any forraine State Eccleſiaſticall. No Prince hath reaſon to beſtow …is free favours vponupon any, over whom hee hath (for the preſent) no right to rule, nor hath heretofore promiſed it, neither by himſelfe, or by his predeceſſours, and thereby bound himſeſfe to farther and favour them. So that, though the Romane Clergie doth claime and clamour for revenues and priviledges from our King, yet as they hauehave no right to claime them, ſo they hauehave no reaſon to expect them: for they are ſo farre from being his deſerving domeſtick ſubiects, that they are his deadly enemies, though they be imbred and homebred. They hauehave not then any right; for neither our K. nor any of his lawfull predeceſſours, did ever binde themſelues to any ſuch performances. Later & better learned writers of the Romiſh faction, finding by the carefull and curious examination of ſundry paſſages in infinite interpreters, how hard a thing it was, to proue their vniverſall ſupremacie in temporalibus, by direct evidence out of Gods word, reſolue to proue it by Charter-grant, and priviledge from Princes pieties, as Auguſtinus Steucus (Librarian to Pope Paul the third) ſets downe the claime the Pope laid to all the kingdomes in Chriſtendome, grounding all from the particular grants from the Kings, but eſpecially Boniface the eights letter of Demands. As for inſtance, from Constantine the firſt and the beſt, one Phocas the firſt and the worſt, from the vniverſall gifts of thoſe vniverſall Emperours, they ground a generall right in all kingdomes. The Bononian Canoniſts deale cunningly, and ſeeme to deale ingenuouſly, playing the ſophiſters more than the ſycophants in this point, diſcourſing of this donation of Constantine; for they lay it downe as a preſuppoſed preſumption in the Law: That there is ſuch a true deed, notwithſtanding there be no mention made of it in any part of the ſincere Civill Law. Sed quae notabiliter fiunt, ſpecialiter notanda ſunt. But they never queſtion it de facto, but enquire quo iure, and, an ſit revocabile; and ſince they doe not full affirme, that he gaue it vp … will not ſo much as ſhew the falſitie of it, but referre all to the moſt judicious and modeſtly moderate amongſt them. But for Phocas his grant,Cov…u vias …. queſt. c. 1 mem. 9. Decius Conſil. 130. a faithleſſe vſurping tyrant, I leaue it to be judged of, by thoſe that chuſe to meaſure claimes and titles, by the line of equity, and not by the Laſt of ambition. Yet thus I will inferre againſt it, that a Charter granted as this was, chiefly vponupon a ground of cunning, with a purpoſe to maintaine a plot, by partie, which was vndertaken and begun by fraud, might hauehave beene after revoaked by himſelfe, or anulled or repealed by his ſucceſſours. And farther I ſay, that though this grant were authentick in all points, yet the Popes could hauehave no right to this kingdome by it, becauſe this kingdome was excluded from the care, protection and providence of the Romane Empire, neere two hundred yeares before Phocas. For Aelius L. Lieutenant for Valentimanus in the parts of France, Poly… cap. 1ſent word to the Brittains, that they were to looke for no more ayde from the Empire, which was fallen into faction, ſcarce able to ſupport it ſelfe, being thus abandoned, all lawes did free them from duty and dependance.Baron nal. 4 But to make theſe generall grants the ſtronger, they pretend particular grants from our owne Kings, as from Ina King of the Weſt Saxons, that was indeed religious, and from King Iohn, that was impious, as well ſans foye, as his title was ſans terre (as the King of France, Math 1216.Philip the ſecond ſaid) Iohannes nunquam fuit verus Rex; neither of theſe binde our State; for …he Peter-pence contributed to Rome by Ina, are called in the lawes of Conatus, Larga Regis benignitas: and in the abſtract (which is the beſt of the confeſſours and conquerours decrees) Regis Eleemoſynae, which imports not due nor duty, but charity, and the Popes to be his beads-man, not the King to be his homager. There were many manifeſt nullities in King Iohns grant, for he had no right to hold the Kingdome, and if he had held it by right, yet he could not grant any thing in prejudice of the whole State, without the conſent Regni vniverſitatis, (as Mathew Paris tearmeth the Parliament) and a third mullitie is in the force of the grant, where, whatſoever is paſſed in the body of the grant, is reſumed by this proviſo in the concluſion,Math. ibidem Salvis nobis & haeredibus noſtris, Iuſtitiis liberalitatibus & regalibus noſtris: which being luckily inſerted ſalues all, and makes it abſolutely voyd. But the maine grant which Baronius relies vponupon, is a donation from Ethelulphus King of the Weſt Saxons which ſeemes very lawfull, if it were (as he ſaith) ſalubri duplicate page duplicate page conſilio Epiſcoporum & Principum, Baron. Annal. Anno. 854.but yet that deed (if wee free it from being forged) was voyd, if you doe but conſider amongſt many other things, the incompetencie and incapacitie of the perſon, to whom the deed was made. Now Baronius is peremptory, that it was made to the immediate ſucceſſour of Leo the fourth, which according to all the trueſt writers of the Popes liues, was Iohn the eight, which they conclude was a woman fu vna donna natio de Inghilterra che vacata là ſede Apoſtolica, Petro de Mexia della ſilva cap, 9.per la morte di Leon quarto, fu eletta per ſonno Pontifice di Roma (as Petro de Mexia) and Boccacio de las mugeres illuſtres: the King might perhaps hauehave done much for his country woman, if he had knowne it, but ſhee was not capable to receiue ſuch a deed to her vſe, and therefore, the Iuriſts hauehave reaſon to make this queſtion,Hottoman. quaeſt. illuſt. 17. Vtrum acta Iohannis octavi in papatu rata eſſe debent: And if what ſhee did was voyd, what was done for her i… not firme, being it was given, ſuppoſing ſhee was capable. So it is plaine, that this engine is not able to vphold this claime, being ſo looſe, and hanging together in the joynts like ſick mens dreames, ſhewing their inconſiderate inconſtant humours, their proofes being as weake as their imagination is ſtrong, all ſtanding vponupon ſlender ſuppoſals, particular intereſt, making partiall. But they hauehave another ground for a preſumption of their right, becauſe ſome poore oppreſſed Princes hauehave deſired to hold their kingdomes from them, as ſome vſurpers ſought to obtaine dominions by their gift, who depoſe Kings, that they may diſpoſe of their kingdomes. But this is nothing, and they ſtand not vponupon it, but when they hauehave nothing elſe to ſay. I doe not by this goe about to deny, that our Kings hauehave beene bountifull Benefactors to the Roman Clergie, but this onelyonly I ſtand vponupon, that they hauehave no reaſon to continue ſo ſtill, ſince they were never lawfully bound to it. Neither doe I deny, that any Prince ſhould conferre favours vponupon ſome forraine Eccleſiaſticall State with this caution, that he be not prejudiced by the kindnes, & may hauehave ſo good vſe of their thankefulneſſe: As ſuppoſe any Prince ſhould be called into Germany, or Italy, Dies nu… tranſit, … aliquod p… fecerit, ſ… vt Aera… non eve… (vt de Se… Lampr.or any other kingdom, by an oppreſſed State Eccleſiaſticall, that Prince may doe royally to inveſt them into their former ſpirituall poſſeſſions, and yet never impoveriſh or inſlaue his owne kingdome to them, and alſo binde them to him for protection. Thus did Pipine, Charles the great, Lodovicus pius, they releeved the Roman Clergie, and beſtowed very much vponupon them in large territories, but they gaue them nothing in France, but onelyonly what they recovered for them in Italy: it is then evident,Guicc li hiſt. Ita… that our King hath no reaſon to beſtow honour or power, revenues or priviledges vponupon any forraine State Eccleſiaſticall; and it is as plaine, that he hath the greateſt reaſon of any Prince in Chriſtendome to beſtow them all vponupon his owne domeſtick Clergie.
§. 6. The Nobility and the Clergie are the prime pillars of a Monarchie, and the Communaltie is the ground whereon they ſtand. And this they well know that intend the ruine of it, for they will be ſure to ſtrike at theſe two props, knowing that then it will fall, and the ground and foundation remaine to them to erect a-new; (as Ball a Maſſe-Prieſt, Chaplain to Wat Tyler, adviſed his chieftane to deſtroy all the Clergie and Nobility; ſo Garnet did the Traytors in the powder-plot, (as the Earle of Northampton well obſerveth:) and therefore Philip the ſecond of Spaine, who was ſeldome in an errour about the vpholding or inlarging a Monarchie, adviſes his ſonne Philip the third, to ſtick faſt to the Clergie, los Clerigos amigo, as I hauehave beene; but yet ſo, as you diſregard not the Nobility, otherwiſe they will hate you, and envie them, and ruine all. Now if the Kings of Spaine hauehave reaſon ſo highly to favour their Clergie, as to feare, leaſt their kindneſſe to them, ſhould kindle indignation in the Nobility; ſurely our Prince hath more reaſon ſo highly to ſuccour his Clergie, as that it may not be the object of the contempt of the vulgar. For the Clergie of Spaine and all the Romiſh faction are not ſimply ſubject to them, but deny Civill obedience alwayes to their Prince, where Canonicall obedience commands the contrary, or priviledges aboue it; when as our Clergie, are as true ſubjects as any State, & renounce all obedience to any other Potentate. So that this hearty adherence to his Majeſtie, is one reaſon, yea they beſtow all their labours in Gods ſervice, onelyonly in dominions expect favour from none but his highneſſe; and they are more beneficiall to their King than any Clergie in Chriſtendome to his natiue Prince, or any State in this kingdome to the Crowne. For though the revenues of other Clergies, as of Spaine, be infinitely aboue ours,Nicholaus Ol…ev… de regno Hiſpaniae. as one of their Hiſtorians, Opes Eccleſiaſticorum paenè aequales ſunt ſecularium vnà cum Regis. Yet they are not ſo conſtantly beneficiall to the King, but to the Pope: and if the King get any good ſum or ſubſidie out of them, it is either la cruzada, or tenths called el excuſado, granted to him by the Popes indulgence; or if he cannot procure a Bull of facultie, he muſt get all they giuegive by ſtriving and force (as Cardinall de Oſſat in his letter to Henry 4.Oſſatns epiſt. 274. of France ſpeakes of Philip the thirds ſacriledge.) Rex Hiſpaniae omnem argenteam ſupellectilem Eccleſiarum & Eccleſiaſticorum ſacrilega manu vſurpare tentat: when as our Clergie, which hauehave not the tyth of the tenth part of that meanes is not only now and then profitable in ſmall matters. And if Francis 1. beleeved that for a great kindnes from Pope Leo the tenth, in their conference at the interview, to hauehave the tenths of Eccleſiaſticall livings in France for one yeare;Guicc. hiſt. lib. 12. as Guicciardine in a judicious ſleighting of the favour: Promes ſe il Pontifice, al re dargli faculta, di riſcuotere, per vn anno la decima delle cheiſe, del Reame, de Francia that the King tooke the propoſall into conſideration, and communicated it to his Councell; who thought it a great benefit if he might hauehave them, non ſecundum antiquum valorem beneficiorum, Concord… liae tit. d libus.but as they are improved; ſurely a farre greater benefit it is to hauehave the tenth every yeare: Subſides moſt yeares, and firſt fruites the firſt yeare, and that not according to the preſent value which is much fallen from the ancient revenewes, but according to the Popes bookes, in moſt, when as Eccleſiaſticall preferments are abated halfe in halfe. So that as all other ſtates are more charged, ſo their revenewes are improved accordingly; but the meanes of the Clergie is much impaired, and yet their charges increaſed in many things; in all things keepe the old rate, ſo that notwithſtanding the poverty (as S Nicholas Bacon at the Councell table) we hauehave no reaſon to exact or expect any ſubſidie from the ſpiritualtie, who are ſo exhauſted; yet it is conſtantly the moſt beneficiall ſtate of this Realme to the Crowne, both in ordinary and extraordinary revenewes. In theſe two conſiderations amongſt many, wee ſee they deſerue much, and there is one thing that makes it more ſafe for our King to beſtow greater honour and priviledges vponupon them, then any other Prince; which is, becauſe he hath not the reaſon to ſuſpect them of ambitions aſpiring to a Monarchie, ſince they hauehave caſt off their Church Monarchies, as the Romans never ſuſpected any of a tyrannicall vſurpation, after they had by one conſent caſt out the Kings: ſo that though the Pope ſeeme to favour the Clergy vponupon good reaſon, yet our King hath as much, and this reaſon more then the Pope hath, for he hath not onelyonly all the power of juriſdiction the Pope had over them,1. Eliz. but alſo the revenewes alſo the Pope had from them: and yet is without feare and danger of being rebelled againſt by them, or diſ-throned. But in one thing it is more capable of a royall Potentates bounty and protection, then any forraine Clergie is, in reſpect of its owne Civill ſupreame head, or any ſtate in our owne Kingdome is of our King; and that is, that it is ſo poore and obvious to injuries, that it will make the ordinary bounty of a Prince magnificent, and make his power long, and delight to protect ſuch an innocent ſtate, being neither able to reſiſt, nor ſtrong to endure and ſuffer wrongs: thus from the power of Dominion paſſeth the influence of protection.