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890 [890]

K. Henry. 7. Maximilianus Emperour. Redresse of abuses.

At the least, let him be more fauourable, as often as any Archbyshop or Bishop happeneth to rule his church but a fewe yeares: as it happened to the Byshoppes of Bāberge, wherof three dyed within few yeares. MarginaliaAboue 50. byshoprikes in Germanye.The like also might happē by other Bishoprikes, wherof (as Æneas Syluius witnessed) there are in Germanie to the number of fifty, besides Abbottes, whereof a great nomber are confirmed at Rome.

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And admit that in Germanie there were greater profite and reuenewes rising of the groūd, mines & toles: notwithstandyng the Emperour and the other princes, should lacke treasure and munition of warre agaynst their enemies, & speciallye the infidels, and to preserue Germanie in peace and quietnes, and to minister iustice vnto euery man: for whiche purpose, the Councell of the chamber beyng most holyly instructed and furnished with great cost and charges, doth chiefly serue. Besides that, the Emperour hath neede of treasure, to suppresse the rebelles in the Empire, to banishe and dryue away theues and murtherers, wherof a great nōber are not ashamed to spoyle churches onely, & to robbe thē of their goodes, but also to assayle the clergy them selues. Finally our nation & countrey of Germanie, hath nede of great riches and treasure, not onely for þe repayring of churches and monasteries, but also for hospitalls, for children that are layde out in the stretes, for wydowes, for wemē with child, for orphanes, for the mariage of þe daughters of poore men, that they bee not defloured, for such as haue nede and necessitie, for the old and weake, for the sicke & the sore, wherof (the more is the sorrowe) Germanie is fully replenished and filled.

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¶ Aduertisementes vnto the Emperours Maiestie.

MarginaliaThe Emperour aduertised of the subtill practises of the pope, and popishe prelates.LEt the Emperours maiestye foresee  

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This 'advertisement' (or warning) to Maximilian I from the Germanestates is translated from Matthias Flacius, Catalogus testium veritatis (Basel, 1562),pp. 323-4.

& prouide, that þe beggyng Friers do not preach agaynst his maiestie, which are wont to cōplaine gladly vnto the Apostolicke sea, fearyng to lose their priuilegies, whiche I would to God, were aswel grounded vpō Christ, as they are vpō profite. Let the Emperours maiestie also beware that the Pope do not giue commaundement vnto the Electours, to procede to the election of a new kyng of Romaines, as he did agaynst Fredericke the second, when as the Lantgraue of Thurin, and William Earle of Hollād, were elect by the commaundement of the Pope. Let the Emperours maiestie also feare & take hede of all the Prelates of the churches, & especially of the presidentes, which by their othe are boūd to aduertise the Pope. Let the Emperours maiestie also feare and beware that the Pope do not take awaye from his subiectes, their obedience, and prouoke the people borderyng vpon hym, to make inuasion into the Emperours dominions & Archduchy of Austriche: whiche those men, vnder colour of shewyng obedience vnto the Popes commaundement, be ready to do.

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Let the Emperours maiestie also take hede of the Apostolicke cēsures, from whiche the Pope will in no case refraine. MarginaliaThe popes pretense of building S. Peters church in Rome.Finally let the Emperours maiestie diligently forsee and take hede, that the Pope do not persuade the people with moste subtill argumentes, contrarye to the pragmatical sanction,  

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This decree asserted the sole right of princes to the revenues from churches in their territories.

excusing him selfe, and getting the good wil of the simple people, alledging that with great costes and charges, he will repayre the church of Saint Peter in Rome, and build in certaine places against the Turkes, and recouer agayne the landes and patrimony pertainyng vnto the church of Saint Peter, as he is bound by his office. Therfore, let your maiestie diligently forsee and deliberate, howe thorowe your most wise and discrete Counsail, if nede shall require, you will aunswere to those subtilties of the Pope.

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¶ A certaine godly exhortation vnto the Emperours Maiestie.

MarginaliaA supplication or exhortatiō to Maximilian Emper. for redresse of the church.YOur maiestie cā do nothyng better,  

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This exhortation to Maximilian from the German estates is translatedfrom Matthias Flacius, Catalogus testium veritatis (Basel, 1562), p. 324.

nothing more acceptable, or more worthy eternall remembraūce, then to moderate the greate exactions and oppressions of the Germaines: to take awaye all occasion from the laitie, to persecute the clergie: also to take awaye the benefices out of the hands of courtisans,  
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I.e., courtiers.

which cā neither preach, comfort, nor counsail any man (of whiche benefices, as Eneas Siluius writeth, some are equall to the Byshoprikes of Italy) to encrease Gods honour and worship: and so to bridle the auarice and vngodlynes of thosecourtisans,  
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I.e., courtiers.

whereby your maiestie maye the better prouide for the children of many noble and famous men and Citezins in Germanie, whiche beynge brought vppe from their yougth in the vniuersities, learning both the scriptures and other humaine letters, may without vnquiet vexations, & most sumptuous charges & contentions, aspire to the ecclesiasticall promotiōs: who by their counsail and prayers, may be helpes vnto the whole churche: For there is no small occasion, why the realme of Fraunce should so florishe, hauyng so many notable learned men it. If the Emperour would abolish this impietie, and restore Germany vnto their aūcient liberty, whiche is nowe oppressed with greuous tributes, and would make waye for learned and honest men vnto ecclesiasticall promotions: then might he truely and perpetually be called of all men, and in all places, the restorer of Germanie to hys auncient libertie, and the father of his countrey, and should obtayne no lesse glorie therby vnto him selfe, and profite vnto Germanie, then if he had by force of armes, subdued any prouince vnto them: And so shall Germanie render no lesse thankes vnto the sayd Maximilian, then vnto all the rest, whiche hauyng translated the Empyre from the Grecians vnto Germanie, haue reigned many yeares before.

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Hereafter ensweth the copy of a certaine letter of þe Emperour Maximilian, geuen out in maner of a decree or commaundement, against certaine abuses of the clergy. Whereunto we haue also annexed the aunswere of Iacobus Selestadiensis,  

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This is the celebrated humanist Jacob Wimpheling.

vnto þe Emperours letters, wherin he semeth also to haue sought aduice for the remedy of the like abuses: whiche we thought good here not to be omitted.

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¶ An edicte of Maximilian Emperour.

MarginaliaA decree of Maximilian Emperour.WE, accordyng to the example  

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Maximilian's edict is translated from Matthias Flacius, Catalogus testium veritatis (Basel, 1562), pp. 324-5.

of our dearely beloued father Fredericke Emperour of Rome, reuerēcyng the chief pastour of the church, & all the clergy, haue suffred no small reuenewes of the ecclesiastical dignities, to be caried out of our dominion by the Prelates and clergy that are absēt, whose faultes committed by humaine frailty, with Cōstātine our predecessour, we haue not disdeined to hide and couer. But for somuch as thorow our liberality, the decay of Gods honor is risē, it is our part to foresee (which are elect vnto the Empire without any desert) that amongest all other affaires of peace & warre, the churches do not decay, religion quaile not, or Gods true worshyp be not diminished: whiche we haue manifestly experimented and dayly doo perceyue by the insatiable couetousnes of some, whiche are neuer satisfied in gettyng of benefices: through whose absence (beyng but resident onely vpon one) Gods honour and worship is diminished, houses decay, churches decrease, the ecclesiasticall libertie is hurt, learning & monumentes are lost and destroyed, hospitality and almes diminished, & by their vnsaciable gredynes, such of the clergy as for their learnyng and vertue were woorthy of benefices, and theyr wysedome, profitable in common wealthes, are hyndered and put backe. MarginaliaNo man to haue two Canonships or prebendes at once.Wherfore, accordyng to the office and duety of our estate, for the loue of the encrease of Gods honour, we exhorte and require that no mā from hence forth, hauyng any Canonshyp or Vicarage in one Citye of our Empyre, shall occupy or possesse a prebend in an other church of the same Citye, except he gyue ouer the fyrst, within a yeares space, vnto some person fitte & profitable for the Churche: neither that he do by vniust quarels, vexe or trouble any mā in getting of benefices, neyther that any man doo falsly fayne hym selfe to haue bene of the Emperours houshold, whiche hath not bene comprehēded within the leage & agrement made by the Princes, neyther that any man attempt to take awaye the patronages from any lay man, or agrauate the small prebendes of curates of Churches, with pensions, neyther that they do vse in gettyng of benefices and Buls, any fraude, deceyte, false instruments, corrupt witnesses and cloked Symony, neyther that any man presume to obteyne any regresse, or other thyng contrary to the sacred Canons, right, honesty, equity & reason, vpō payne of the most greuous offence of treasō: the which we will that, not onely they, going so cōtrary to God & all honesty: but also all theyr fauourers, whiche doo helpe, counsayle, harbour or gyue them any thyng, all theyr messengers and wryters, proctours, suretyes and other theyr frendes, shal incurre, and receyue condigne punishment for so greate offence and contempt of our commaundement. From Oenepont.  
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I.e., Innsbruck.

&c.

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¶ Here
GG.iij.