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A02862 A reporte of a discourse concerning supreme power in affaires of religion Manifesting that this power is a right of regalitie, inseparably annexed to the soueraigntie of euery state: and that it is a thing both extreamely dangerous, and contrarie to the vse of all auncient empires and commonwealths, to acknowledge the same in a forraine prince. Hayward, John, Sir, 1564?-1627. 1606 (1606) STC 13001; ESTC S116592 39,799 62

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A REPORTE OF A DISCOVRSE CONCERNING SVpreme power in affaires of Religion Manifesting That this power is a right of Regalitie inseparably annexed to the Soueraigntie of euery State and that it is a thing both extreamely dangerous and contrarie to the vse of all auncient Empires and Commonwealths to acknowledge the same in a forraine Prince 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 AT LONDON Imprinted by F. K. for Iohn Hardie and are to be sold by Iohn Flasket dwelling at the signe of the blacke Beare in Paules Church yeard 1606. THE SVMMARIE 1 THe occasion of this discourse 2 The proposition That supreme power in Ecclesiasticall affaires is a right of Soueraigntie 3 Soueraigne or maiesticall power must be perpetuall 4 Soueraigne power must also be absolute 5 Affaires of greatest importance are annexed to the Soueraigne Maiestie 6 Nothing in a State of so great importance as is Religion 7 Affaires of Religion are to be managed by those who beare the Soueraigntie 8 It is dangerous for others to be depended vpon in regard of Religion 9 Two policies aunciently obserued for auoyding these dangers To exclude externall ceremonies and to commit the ordering of matters in Religion to the Soueraigne authoritie within the State 10 Instance of the first 11 The second practised by the Iewes 12 By the Aegyptians 13 By diuers other people 14 In the Empire of Assyria 15 In the Empire of Persia. 16 In the Empire and principall States of Greece 17 In the Empire of Rome vnder the gouernement of Kings 18 In the popular State of the Romane Empire 19 In the Romane Empire vnder heathen Emperours 20 In the Romane Empire vnder the first Christian Emperours 21 Matters of Externall or accidentall forme in the Church depended altogether vpon the first Christian Emperours 22 Many lawes of the first Christian Emperours attributed vnto Popes 23 Matters of Faith or of Essentiall forme ordered by direction and authoritie of the first Christian Emperours 24 The eight generall Councels called and confirmed by Emperours 25 A strife betweene the Bishops of Rome and Constantinople whether should be greatest 26 Diuers Emperours fauoured the Bishops of Constantinople 27 By giuing this prerogatiue to the Bishops of Rome the East Empire was dismembred 28 The absolute power of the Bishops of Rome in Ecclesiasticall affaires reduced the West Empire not only to a feeble state but to be held in Vassalage to the Sea of Rome 29 By the same power the Bishops of Rome claimed Soueraignty also ouer diuers principall kingdomes in Europe and generally ouer all States in the world 30 Diuers distresses by this meanes occasioned 31 The Conclusion 32 Certaine questions propounded TO HIS HONORABLE FRIEND SIR I. P. Knight SIr holding my selfe beholding vnto you for many kind courtesies I cannot but oftentimes bend and busie my deuise to thinke how in some sort to thanke you for the same and if not fully to discharge yet freely to acknowledge and professe my debt to satisfie I say in desire when in deed I am not able But howsoeuer in other performances I shall be weake yet I will not faile to leaue a large memorie of your true habit of honestie and vertue and in the meane season not omit to visit you with such exercises of penne as the streightnes of other occasions shall permit me leisure to contriue For this present I haue made choyce to present vnto you a small enlargement of certaine passages of speech lately raised at the table of N. which being much frequented by persons of most principall note hath commonly the great varietie of dishes answered with like varietie of discourse The first part of the dinner was passed ouer in a sad and sober silence our tongues seeming to giue place to the office of our teeth and euery man commending the goodnesse of our fare by close feeding vpon the same At the last silence was broken and some speeches spent in matters of conceit In which veine one of the companie tooke often occasion to speake of a Terrible blow alluding to the same words in that letter whereby the late practise against his Maiestie and the whole body of the State was beaten out and brought into light Hereupon N. did breake forth into a liberall commendation of the Lord Mounteagle to whom the letter was directed affirming that hee was a personage of true honour and merit for that by his felicitie and faith not onely the liues of many thousand particular persons and whatsoeuer else was deerest vnto them but the life also of this Empire was at that time preserued that his high Nobilitie enobled and made pretious both with curtesie and magnanimitie had now iustly placed him in the formost ranke of same He proceeded to declare the fashion of that hot and hatefull attempt what faire opportunitie was thereby opened to secure our selues from the fierie furie of those homebred enemies who rather than wee should not bee destroyed would ouerwhelme vs in the ruines of the state That seueritie could not hereupon be interpreted crueltie that hereupon nothing could be interpreted to be done in regard of religion but onely for the necessarie defence of our safetie This speech was diuersly taken according as affections were diuersely disposed some did liuelie some faintly and as it was coniectured fainedly approue it none did openly oppose against it From this they fell to talke of the Bill propounded in Parliament against Recusants and of the Oath of supremacie which was appointed generally to be taken Of the first they did but sparingly speake as being a matter then handled in highest place of deliberation vpon the second they maintained a longer stay N. repeated many conueniences for which this Oath ought generally to bee taken Whereto a certaine Knight replied not directly contradicting him but inuoluing his intents in such soft and nice distinctions that hee seemed rather to declare that he would not haue the Oath imposed at all then in what fashion he would haue it imposed These obscure speeches hauing bred some incertaintie whilest euery man rather coniectured then assured what should be ment and controuersies of conu●niencie being not alwaies easie to bee determined by way of discourse because all men are apt to attribute much to their owne conceits I drew the question to a higher degree Affirming that it seemed not onely conuenient but necessarie also in all grounds and reasons of State that a King who acknowledgeth no superiour vnder God should be acknowledged to haue supreame authoritie vnder God in Ecclesiasticall affaires That this is a principall point of Regalitie and therefore necessarily annexed to the soueraigne maiestie of euery state That it is a hard matter if not impossible for any nation either to grow or long time to continue very great wherein a foraine power doth hold the regiment in Religion That in all ancient Empires and Common wealthes it hath been vsed That I could not finish that which I was about to speak being interrupted by a confused clamour of
three or foure at the table who esteemed that which I had said not for a paradoxe but for an Adoxe or flat absurditie seeing many Christian countries both lately and at this present haue admitted forain gouernment in matters of religion By this time the Basons and Ewers were set vpon the table and all of vs were attentiue to the giuing of thankes After wee had washed and the cloath was taken away N. in this sort renewed speech What hath been the vse of auncient Empires and Common-wealths concerning supreame gouernment in matters pertaining to religion I haue not I doe confesse obserued But it seemeth indeed that the politicall gouernment in Ecclesiasticall affaires should be a point of Regalitie and that it is a hard matter if not impossible for any state either to grow or long time to continue very great wherein a forraine power doth hold the regiment in religion At the least either to grow or continue any greater then that forraine power shall thinke expedient That which from me was openly reiected being allowed by N. and in the very same words by him repeated found good acceptance among the rest Whereupon I tooke occasion to say that speech I perceiued was oftentimes like vnto coine which passed for currant not in regard of the mettall onely but chiefely in regard of the stampe that was set vpon it Nay said N. beautifying his speech with a courteous smile we will also bring your mettall to the touch There is but one truth in religion which is not subiect to any humane power but the discipline thereof or matters of circumstance and externall forme are held by our Church to depend vpon the power of the Prince If question be made touching matter of substance the same also may be determined within the realme by the Clergie thereof assembled together by authoritie of the Prince Or if the Clergie of any other countrie should be taken to assistance or aduice they come as equals and not as superiours For so Eusebius reporteth that Cyprian Bishop of Carthage did aduise with the Bishop of Rome concerning the affaires of the Church and that Dyonise of Alexandria aduised in like sort with Cornelius Stephen and Sixtus Bishops of Rome without attributing vnto them either title or qualitie otherwise then as men of their owne order and ranke Now I haue read many controuersies in Diuinitie concerning this question whereof the multitude doth rather cloy then content and therefore I will not embarke you in that disputation If you can make proofe out of other writers that this authoritie in matters of religion is a right of Regalitie it will follow I suppose that it cannot without apparant danger depend vpon a foraine power If also you do manifest that in all principall Empires and Common-wealths this authoritie hath bin exercised by the chiefe in state you may probably conclude that it is a Regalitie For these rights doe little varie but remaine in a manner the very same in all states of what kind soeuer they are And although true religion is reuealed vnto vs by God yet religion in the generall proceedeth from nature in regard whereof there is some coherence and communitie in all sorts of religions as to acknowledge that there is a God to worship him to worship him by oblation and sacrifice c. For although all nations doe not acknowledge and worship the true God yet there is no nation as Cicero saith which doth not both acknowledge and adore some These generall points which naturally or by consent of nations are common in religion may well bee considered without contending which religion in particular is true For this will hardly by all parties be agreed because euery man as Philo saith either by vse or by instruction iudgeth his owne religion best So Chrysostome affirmeth that in all differencies of religion euery man will say I say true But this argument which you haue propounded being new this point being not pointed at by any whom I haue seene I would gladly here you fortifie the same The argument being new answered I and now newly raysed into question you must not engage your expectation too farre I shall doe much if I minister some matter for better iudgements to work into forme The rights of Soueraignty or of maiesty so termed by Cicero and by Liuie the rights of Empire and of Imperiall Maiestie by Tacitus sacraregni by Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by the Lawyers Sacra sacrorum sacra indiuidua iura sublimia by the Feudistes iura regalia are nothing else but an absolute and perpetuall power to exercise the highest actions and affaires in some cretaine state These are the proper qualities of Soueraigne or Maiesticall power that it be both absolute and also perpetuall If it be absolute but not perpetuall th●n is it not soueraigne for such power hath been oftentimes committed by the Romanes to their Dictators by the Lacedemonians to their Harmostes by many Kings to their Regents Viceroyes or Lieutenants But because they haue no proprietie of power inherent in them but only an execution or exercise thereof committed to their charge vnder limitation of time because also it may vpon iust cause bee reuoked within that time they are not accounted to haue the same in Soueraignetie And this holdeth true although such power bee committed for a very long time as the Athenians did to their great Archos for tenne yeres although it bee committed also in a most ample manner which the auncient Latines called optima lege without controlement or account such as had the Pontifices in Rome or as the Cuidians euery yeere chose 60. of their Citizens whom for this cause they called Amimones that is men without imputation or account And lastly although it be without certaine limitation of time as sometimes had the Regents of France created for the infancie furie or absence of their King who before the law of Charles the fifth dispatched matters in their proper name Againe if it be perpetuall but not absolute as either depending vpon some other or else giuen either vpon charge or with exception and restraint then is it not soueraigne For such power was giuen by decree of Charles the fifth Emperor to the Senate of Milan To confirme the constitutions of the Prince as also to infirme and abrogate the same to dispence contrarie to the statutes to make enablements giue prerogatiues graunt restitutions c. that no appeale should be made from the Senate c. And whatsoeuer they should doe should haue like force as if it were done or decreed by the Prince Yet might they not graunt pardon for offences or giue letters of safe conduct vnto parties conuicted So likewise in the ancient forme of inaugurating the Kings of Arragon the great Magistrate or Iustice said thus vnto him Wee who are in vertue not inferiour and in power greater then thy selfe create thee King yet with this condition that one amongst vs shal haue
constitution he ordeined what manner of Clerkes should be ordained in the Church that Clerkes should not remoue themselues from a lesse Church to a greater and that the rents of the Church should be expended to godly vses and acts Hee appointed also the time for monasticall profession and the rules which Monkes should leade He established his ordinance for the election life and behauiour of Bishops and other Ecclesiasticall persons that they reside vpon their charge that they resort not to the Court except they be expressely called that they celebrate not diuine offices in any place which is not consecrated to the seruice of God He declared what causes should be lawfull for diuorce and separation of mariage as Theodosius the yonger and Valent. the third had done before him He ordained also that the holy Scriptures should be read in the vulgar tongue and appointed what translations should be in vse It would bee both tedious and vnnecessarie to make long stay vpon rehersall of those imperiall lawes which haue bin both receiued and reuerenced for gouernment of the Church For Iustinian professed that by authoritie of the lawes both diuine and humane affaires were well ordered and againe there is nothing but may be examined by authoritie of the Emperour for hee receiueth from God a generall principallitie and gouernment ouer all men The same is acknowledge by Pope Gregorie in his epistle to Mauritius To this end is power ouer all persons giuen from heauen vnto my Lord for assistance of good men and enlargement of the way to heauen Whereupon Espencaeus saith that Gregorie the great did ingeniouslie acknowledge a soueraignetie in Emperours ouer priests So Balsamon hath said that the Emperours had power to appoint patriarchall seas according to the power giuen them from aboue Whereto doth that of Isodore agree Princes of the world haue their authoritie and power in the Church that the ecclesiasticall discipline should bee held in strength that they who will not obserue it by admonition of the priest should be constrained by force of the Magistrate Yea diuers of the papall decrees for ordering of Ecclesiasticall affaires were lawes made by Christian Emperours of which lawes many are yet extant in the Codex of Theodosius The Canon Iudicantem expressing the office of a Iudge in cognisance of causes attributed by Gratian to Pope Eleutherius was made by the Emperor Constantine The Canon si quis Iratus attributed to Pope Fabian against accusers is a law of the same Emperour Constantine in the Codex of Theodosius The Canons which goe vnder the names of the same Fabian of Sixtus and of Hadrian concerning the same subiect are found to bee made by Gratian the sonne of Valentinian the first The decrees of Pope Caius and of Pope Iohn for restitution of Church goods taken from Bishops when they were forced from their sea are the Edictes of the same Emperour Gratian. The Canon qui ratione attributed to Pope Damasus for order in accusations is comprised in Theodosius Code vnder the name of the same Emperour The Canon nullus vnder the name of Pelagius was made by the Emperours Honorius and Arcadius The Canon quisquis vnder the name of Eutychian was promulged by the Emperours Honorius and Theodosius The Canon consanguineos for separation of marriage contracted within the prohibited degrees of consanguinity is a constitution of the Emperour Constantine the great The Canon Priuiligia for confirmation of the priuiledges of the Church vnder the name of Anacletus is a constitution of the Emperours Theodosius and Valentinian In a word the volume of decrees is filled with diuers constitutions of Christian Emperours either assumed by Popes or attributed vnto them without expressing either the name or authoritie of the Emperours And touching the rest Pope Honorius acknowledged that it was by decree of the Emperour Iustinian that the Canons of th● Fathers should haue the force of lawes Now when any difference did arise in matters of faith when any great schisme or disturbance was maintained in the church the Emperours did vse to assemble their Bishops in common Councell and those things that were by them decreed were afterwards confirmed by Imperiall constitution So Nicephorus and Eusebius doe write that Constantine the great hauing imployed Hosius Bishop of Corduba for composing the difference betwixt Alexander Bishop of Alexandria and Arrius wherewith the Church was exceedingly disturbed and perceiuing his good purpose thereby nothing aduanced assembled by his authority the Councel of Nice in Bithynia which he honored with his presence and defrayed the charge of 308. Bishops that were called to that Councell Of whom Eustachius Bishop of Antioch or rather as the Canon law affirmeth Constantine himselfe was president The forme of faith agreed vpon in this Councell was presently confirmed by Constantine and both imparted and imposed vpon others who had not bin present and charge giuen vnder paine of death that none should secretly preserue any of the bookes of Arrius from the fire Afterwards the same faith was both declared and confirmed by constitution of the Emperours Gratian Valentinian and Theodosius The generall Councel of Constantinople was assembled against the heresie of Macedonius by Theodosius the great The Bishops assembled in this Councel wrote thus in humble maner vnto the Emperour Theodosius We beseech your Maiestie that as you haue honored the Church by your letters wherewith you haue called vs together so it may please you to confirme the finall conclusion of our decrees with your sentence and with your seale The generall Councell of Ephesus was assembled by authoritie of Theodosius the yonger against the heresie of Nestorius The decrees of this Councell together with the decrees of the Councell of Nice containing the profession of Christian Faith was confirmed by a constitution of Theodosius and Valentinian whereby also the writings of Nestorius are condemned to the fire The fourth generall Councell was appointed by authoritie of the Emperour Martian first to be held at Nice afterwards vpon certaine occasions it was assembled at Chalcedon In this Councel Euagrius writeth that both the Bishops and temporall Iudges did oftentimes suspend their decrees in this sort Vnto vs it seemeth right if it shall also like our most vertuous and godly Lord the Emperour And in the end it is thus concluded all our doings being referred to the Emperours Maiestie Lastly the decrees of this Councell touching Christian Faith were confirmed by a publike constitution of the same Emperour Martian The fifth oecumenicall Councell was assembled by Iustinian the first and the sixth by Constantine the third both of them in the Citie of Constantinople The last of these Councels Constantine subscribed after that he had commaunded that ten Bishops of the East and ten of the West
betwixt the Bishops of Constantinople and of Rome whether should be greatest that diuers Emperours fauoured the Church of Constantinople but at the last Pope Boniface obtained of the Emperour Phocas that the Sea of Rome should be the chiefe of all other Churches This you account an errour in gouernment to settle a power of so high qualitie in a place farre distant from the principall strength of the Empire For hereby the Bishops of Rome did grow to such greatnesse that they drew the west part of the Emp●●e to reuolt and left the residue for a pray to the ba●barous Infidels Lastly you haue shewed that the Bishops of Rome aduancing their authoritie by degrees haue been of power to reduce the west Empire to a feeble state and to hold not the Emperour alone but all the chiefe Kings in Europe either as vassals or as tributaries to their Sea Generally that they haue challenged Soueraigne iurisdiction ouer all Kingdomes and Common-wealthes in the world whereby they haue cast diuers countries and among others this Realme of England into desperate distresses Now before answere should be offred to all these seuerall points I would think it fit vnder the leaue of better Iudgements to take some reasonable respite to aduise vpon them because questions of this high nature are not alwaies the same which sodainly they seeme and he bewrayeth too great opinion of his owne sufficiencie who presently will vndertake a controuersie of this weight But if Christ hath committed supreame power in religion to the Sea of Rome then is no place left to these rules and reasons of state Nay answered N. I haue protested before that we haue neither leasure nor lust to engulphe our selues in such an Ocean If Christ hath committed to the sea of Rome This is a large supposall indeed and that which will neuer settle in the opinion of many who are otherwise firmely affected to the doctrine of the Church of Rome Yea I am assuredly perswaded that the violence of ambition hath pulled many Bishops of Rome from their owne iudgement in making cla●me to that authoritie which they neuer had either title to hold or abilitie to rule For diuers of them being sodainely borne out of a low retired state namely from some Cloister or heremitage into an vnknowne Sea of absolute authoritie they were ouerswayed therewith like a small boate with too large a saile And being men for the most part spent in age vntrained in experience and neither by nature nor by education of abilitie to conceiue the bounds and degrees of great affaires they tooke to themselues a licentious libertie supposing it reasonable yea altogether necessarie that all the Kings and Princes of the earth who hold their estate immediately from heauen who receiue their power from the hand of God should be subiect to the pleasure the passions the fierie furie the ignorance the errors the malice of one haughtie and humerous man whose weaknes is subiect as it hath bin plainelie declared by their liues to all immoderate motions of humanitie And al this vpon no other ground but because Christ said to S. Peter Thou art Peter and vpon this rock will I build my Church c. But what is this to Supremacie what is this to the Bishop of Rome diuers questions must be cleered before this will serue the one or the other For first it is but weakely assured that S. Peter euer was at Rome Many reasons are alleaged against it and many authorities are brought for it But it often happeneth that the common consent of writers is like vnto a flocke of fowles as one flieth all doe follow Secondly it is lesse assured that euer he was Bishop of Rome For being an Apostle his charge was generall goe teach all nations and therefore not to be as a Bishop either limited or settled in any one particular place Or if we wil say that either by appointment or by choise some part of this generall charge was apportioned to S. Peter then this seemeth or rather is most assured to haue been Iudea by that which S. Paul hath written that the Gospell of Circumcision was committed vnto Peter as the Gospell of the vncircumcision was vnto him And therefore we find in Scripture that S. Paul was expressely sent to Rome but that S. Peter was euer at Rome we hold it by tradition This is further confirmed by the long aboade which S. Peter made in Iudea and by the short stay which is possible he could haue made at Rome euen by computation of them who best fauoured the dignitie of that Sea With that he called for Onuphrius and out of him read vnto vs that S. Peter liued after the death of Christ 34. yeeres 3. monethes and odde daies that the first nine yeeres he remained in Iudea that in the tenth yeere after Christs Passion in the end of the second yeere of the Empire of Claudius he departed from Iudea for feare of Agrippa from whose imprisonment hee had been deliuered by an angell that after he had trauailed preaching through many coūtries he came to Rome and there contended with Simon Magus That after foure yeeres Agrippa being dead for feare of whom he ●orsooke Iudaea he returned to Ierusalem and was there present at the Councell of the Apostles wherein circumcision was abrogated That after this he remained seuen yeeres at Antioch that in the beginning of the Empire of Nero he returned to Rome and from thence trauailed almost thorough all the parts of Europe that comming againe to Rome in the last yeere of Nero S. Paul and he were there martyred To this agreeth that which Ireneus saith The blessed Apostles Peter and Paul laying the foundation of the Church of Rome committed to Linus the Bishopricke or charge of administration of that Church Now said he the third question is whether by these words Thou art Peter c. Christ gaue vnto S. Peter any speciall power or Iurisdiction either spirituall or secular more then vnto the residue of the Apostles where he did exercise when make claime to any such power by which of the Apostles it was acknowledged by what ancient father of the Church aduowed For diuers testimonies of S. Paul do beare against it S. Augustine S. Cyprian and others of principall authoritie in the Church doe expressely denie it Whereas the Scripture giueth so large and plaine testimonie both for the title and authoritie of Kings as it seemeth no greater can be added thereunto The fourth question may bee whether any power was giuen vnto S. Peter as Bishop of Rome which before the ascension of Christ hee could not bee otherwise how falleth it that the same should bee rather fixed in the Church of Rome then in any of those Churches where it is manifest by the scriptures that he remained many yeeres imploying himselfe in the exercise of his charge Fiftly what assurance can we haue that the power which is said to be committed to S.
written The honor of Priesthood is a great assurance of power to the Iewes The Scriptures doe further testifie that Melchisedeen was both King and Priest and that Balak King of Moab offered sacrifice together with Balaam The Aegyptians from amongst whom the Iewes were extracted and with whom they communicated in many ceremonies are reported likewise by some to haue annexed the royall and priestly dignitie together Marcilius Ficinus affirmeth out of Plato and Seuerus in Stob●●us that their custome was to elect Priests out of their Philosophers and out of their Priests whom Diodorus placeth next in dignitie to the King as Strabo writeth of the Priests of the Albanes to make choice of the best approued for their King Wherupon Mercurius the grand-child of that Mercurie who was sonne to Iupiter and Maia being called by the Aegyptians Tenot by the Grecians was named Trismegistus which signifieth thrice greatest because he was the greatest Philosopher for so is he also termed by Tertullian the greatest Priest and the greatest King although Suidas coniectureth that name to be giuen him because he did expressely write of the Trinitie Strabo saith that in Aritia hee was a King who was Priest of Diana the same is confirmed by Suetonius and mentioned by diuers Poets namely Ouid Ecce suburbanae templum nemorale Dianae Partaque per gladios regna nocente mann And Lucane Qua sublime nemus Scythicae qua templa Diana And Valer. Flaccus Etsol● non mitis Aritia regt And la●tly by Martial Qua tri●ne nemerosa petit dum regna viator Octauum demina marmor ab vrbe legit The like doth Hartius report to be obserued in the Temple of Be●ona in Cappadocia The like also doth Virgil write of Anins ●● Rex idem hominum phoebique facerdos Diodorus Siculus affirmeth that the Priests of Pantheon were both Leaders in the field and also Iudges and arbitratours in controuersies of right Strabo testifieth that in Zela the Priest had supreme both dignitie and authoritie in all things Iustine writeth that Mida sonne of Gordius King of Phrygia being by Orpheus entred into the orders of the sacred and solemne mysteries of those times filled all Phrygia with religion wherewith he more assured himselfe then hee did by armes Tacitus reporteth that among the Germanes it was permitted to no man to beate or bind or otherwise to punish but only to the Priests Strabo saith that in Cuma of Pontus the Priest did weare a Diadem twise in the yeere which is the ensigne of a King Vitru●i●s declareth that among the Trallians the principall Priest had a princely Palace appointed for his aboad Diodorous Siculus Orosius and Pausanias doe write that the priest of Hercules in Tyre was apparrelled in purpure and did weare a Diadem vpon his head Herodiane writeth that the Priest of the Sunne among the Phoenicians was attired in a long garment consisting onely of purpure and gold and did weare a Crowne of gold set with precious stones and that Heliogabalus being Emperour of Rome did exercise that priesthood Ferd. Lopex affirmeth that the Kings of Malabar in East India are Priests or Bramenes and must die in their sacred place as men consecrated vnto God And in China there is an auncient law that no religion bee brought in without allowance of the King and of his Councell he that violateth this law is punished by death In the first great Empire Berosus hath left written that Ninus first dedicated Temples to Iupiter Belus and Iuno his parents and caused them to bee honoured as Gods Zamies Ninias his sonne exceedingly both amplified and adorned these Temples Belochus with the rule of his Empire exercised also the office of the high Priest of the same Iupiter Belus and for that cause the name Belochus was giuen vnto him The Kings of Persia vnder whose gouernment the second great Empire was founded are acknowledged by all writers to haue been inaugurated to be the Princes of their sacred ceremonies In Athens and Lacedaemonia the two eyes of Greece as Leptines and Iustine doe rightly tearme them the ceremonies of their religion were ordered by their Kings The Athenians had their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or King as Demosthenes testifieth who was president and chiefe directer in all their sacred ceremonies Xenophon saith that the Kings of the Spartanes or Laced ●monians so soone as they were assumed to that state of dignitie did discharge also the office of chiefe Priest to the celestiall and Lacaedemonian Iupiter Alexander the great Monarch of Greece did oftentimes offer sacrifice giue order for their kinde of religious obseruations and at the last commaunded diuine honours to bee done vnto himselfe Among the Romanes this was one of their ancient royall lawes Sacrorum omnium potestas sub regibus est● Let all sacred matters bee vnder the power of Kings Which law was stablished by their first King Romulus but seemeth also to haue been more anciently in vse insomuch as Seruius noteth that Virgil alwaies bringeth in Aeineas as president both in action and drection in all offices of their religion Whereof Ouid also seemeth to make mention in these words Vtque ea nunc certaest ita rex placare Numina lanigerae coniuge debet ouis After Romulus Numa Pōpilius performed al those sacrifices and rites which afterward were committed to y● Diall Flamen Dyonisius Halicarnassaeus and Plutarch doe affirme that he did beare the office of Pontifex Liuie writeth that hee committed the same to one of the chiefe Senators named Marcius Of these two Kings Cicero saith Romulus auspicijs Numa sacris constitutis fundamenta ieccrunt Romanae ciuitatis The Kings succeeding performed the most high and sacred rites of their religion with whom as Liuie writeth the Priests tooke often aduice concerning sacrifices and al sorts of ceremonies Whereupon Dionysius Halicarnassaeus affirmeth that they had the principalitie or chiefest rule of sacred matters and of sacrifices and that all things pertaining to diuine worship were ordered by them After that the Kings were cast out of state that the chiefest in power had authoritie to giue order in religion it may appeare by the two decrees of Senate before cited out of Liuie for excluding the vse of foraine ceremonies and rites but more plainely it appeareth in that it was decreed that no Bacchanalls should be kept either at Rome or within Italie if any man should esteeme such sacred solomnitie to be necessarie and that hee could not omit it without offence and violation of Religion he should declare the same to the citie Praetor the Praetor should consult with the Senate If it should be permitted him when a hundred and no fewer should be assembled in Senate that solemnitie might be performed so that no more than fiue should be present at the Sacrifice And although the
that they must seeke the Pope for receiuing the Imperiall crowne whereforuer he shall be and follow him if he chance to remoue with diuers like tokens and testimonies of de●ection of the Maiesty of that State and subiection thereof to the Sea of Rome For further declaration whereof during the life of the Emperour the Popes challenge to be his Iudge and the Emperiall feate being void they claime the exercise of Imperiall power and haue giuen inuestitures and receiued fealtie of those who held of the Empire as of Iohn and Luchi● Vicounts of Milane For which cause the Canonists also who set vp these strings to the highest strame doe maintaine opinion that the Emperour cannot resigne his Imperiall dignitie to any other then the Pope and that it is a streine of heresie not to beleeue that the Emperor is subiect to the Pope and that the Emperour is but the Popes Minister to vse his sword only at his becke Lastlie Pope Clement the fifth expressely declared by decree that the oath which the Emperour maketh to the Pope is no other then an oath of fealtie Neither hath it been against the Empire only that the Popes haue had this power to preuaile but against diuers other Christian countries in so much as they haue claimed to hold either as feudataries or as trubutaties to their Sea the kingdomes of Naples Sicilie Hierusalem Sardinia Corsica Arragon Portugale Nauarre Ireland England Scotland Poland Hungarie to which Cuiacius adioyneth the kingdome of France which Pope Boniface the eight declared to be deuolued to the Church for the contempt and disobedience of King Philip the faire And Pope Alexander the sixt in diuiding the late discouered parts of the world betweene the Kings of Castile and Portugale expressely reserued to his Sea the Iurisdiction and soueraignety of them by consent of both Kings who from that time became his vassals of all the purchases and conquests which before they had atchieued or intended to enterprise in times to ensue Generally they do challenge temporall soueraigntie in all countries habitually at the least which at pleasure they may produce into act whereby the subiects of any State may haue recourse vnto them to some complaint or suite against their Prince to be relieued or protected by them and to receiue priuiledges and immunities at their hands Whereby also they may iudge the actions of Princes and vpon such cause as they shal thinke meet punish excommunicate de priue them denounce publike warre against them free their subiects from subiection vnto them As Pope Pius the first not only absolued the subiects of England from their alleagance to the late Queene Elizabeth but commanded them also to turn● traytours and take armes against her After which Bull few yeeres passed without some notable attempt either against her person or against the State It would be very redious to giue but a light touch to all the desperate distresses that hereupon haue bin occasioned in diuers foraine countries which out of their Annal may be furnished with ease And the sequell now sheweth that the chiefe encrease and establishment of the Turkish Empire hath proceeded from the outragious warres which by this meanes haue been occasioned among the Christians which made Europe on all sides to bath her limmes in the blood of her children Against our owne State we cannot be ignorant what heretofore hath bin acted especially vnder the raigne of King Iohn What hath been lately what freshly what is daily attempted it cannot possiblie escape the memorie of those that liue in this present age and for helpe of those who are to succeed report there of shall be made at large in a historie Intended for the times lately passed and now presently running The accumulating of these examples in this place would be a matter of some labour for cleering that which hath litle doubt Thus much in substance but somwhat more briefly deliuered it seemed that there was not any man in that presence who either in replie or in supplie had not somewhat to say That only was a hinderāce to the discharging of their minds which is pleasantly said to haue dissolued the Parliament of women because they could not agree to speake one at once Many shewed themselues so impatient of silence and they who vpon aduisement could haue said least were vpon the suddaine most franke and forward in words At the last that which was the cause that no man could haue free libertie of speech did driue them all into a dumbe dumpe which opportunity was forthwith apprehended by a thick Theologian whose formall attire countenance and cariage was a good supplie to other defects And so hauing composed himselfe to al complements of grauitie and grace he began his speech after the set and solemne manner of those disputers who contenting themselues with commendation of memorie doe more diligently endeuour to repeate then to reply You haue declared vnto vs said he that the proper qualities of the rights of Maiestie are to be both perpetuall and also absolute as neither depending vpon any other nor yet held either vpon charge or with exception and restraint That these rights cōsist in managing affaires of highest nature which cannot be separated from the soueraigne power because vpon the guiding of them all the fortunes of a State do follow That nothing is of so high nature in a State as is religion and that therefore the ordering thereof is annexed as a right of Maiestie to the soueraigne power whether it be setled in a King or in the Nobilitie or in the people● For seeing religion commandeth the conscience and holdeth the soule in subiection if supremac●● therin be acknowledged to be in a forren Prince the sinewes of domesticall soueraigntie are cut in s●nder You haue brought certaine examples of dangerous consequence when either strangers or subiects haue bin followed for religion You shewed y● for auoiding the like dangers two policies were anciently obserued one consisted in excluding external ceremonies rites the other in setling the gouernment for matters in religion in the supreame power and authority in the State That this last was practised among the Iewes Aegyptians in diuers other countries In the foure great Monarchies also of Assyria of Persia of Graecia and of Rome Of Rome you say first vnder the gouernment of Kings secondly in the popular state thirdly vnder Heathen Emperours and lastly for a good space vnder Christian Emperors who in matters of circumstance and of external forme in religion both vsed and were acknowledged to haue supreame authoritie of whose lawes diuers were afterwards either assumed by Popes or attributed vnto them Concerning matters of substance and of internall forme they assembled generall Councels wherein they held the Primacie and confirmed the acts of them by Imperiall decree You declared also that when Constantinople was aduanced to be the head of the Empire a stiffe strife did arise