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A03691 An ansvveare made by Rob. Bishoppe of VVynchester, to a booke entituled, The declaration of suche scruples, and staies of conscience, touchinge the Othe of the Supremacy, as M. Iohn Fekenham, by vvrytinge did deliuer vnto the L. Bishop of VVinchester vvith his resolutions made thereunto. Horne, Robert, 1519?-1580.; Feckenham, John de, 1518?-1585. 1566 (1566) STC 13818; ESTC S104234 173,274 272

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Augustine or rather of Christes catholique Churche vttered by hym againste the Donatistes touching the Seruice authoritie power and care that kynges haue or ought to haue in causes spirituall or ecclesiasticall the whiche is also the iudgement of Christes catholique Church now in these dayes mainteined and defended by the true mynisters of the same catholique Churche againste all Popishe Donatistes with the force of Gods holy woorde bothe of the olde and new Testament euen as S. Augustine did before Who to prooue and confirme this his assertion to bee true against the Donatistes did auouche many mo examples than I haue cited out of the olde Testament As of the kyng of Niniue of Darius Nabuchodonozor others affirmyng that the histories and other testimonies cited for this matter out of the olde Testament are partly figures and partly prophecies of the power duety and seruice that kynges should owe and perfourme in like sorte to the furtherance of Christes Religion in the time of the new Testament The Donatistes in the defence of their heresy restrayned S. Augustine to the example and testimony of such like order of Princes Seruice in matters of Religion to be founde in the Scriptures of the new Testament meanyng that it could not be found in any order that Christe lefte behynde hym as you also fantasied when you wrote the same in your booke folowyng yea going euen cheeke by cheeke with them But S. Augustine maketh aunswere to you all for hym and me bothe Who rehcarsing the actes of the godly kynges of the olde Testament taketh this for a thyng not to be denied to wytte That the auncient actes of the godly kinges mentioned in the Propheticall bookes were figures of the like factes to be doon by the godly Princes in the time of the newe Testament And although there was not in the tyme of the Apostles nor of long tyme after any kynges or princes that put the same ordinaunce of Christ in practise all beynge infideles for the most part Yeat the seruice of kinges was figured as S. Augustine saieth in Nabuchodonozor and others to be put in practice when this of 71. Psalme should be fulfilled and all the kinges of the earth shall worshippe Christ and all nations shall serue him c. As yet in the Apostles time this prophecy sayth he was not fulfilled and now ye kinges vnderstande be learned ye that iudge the earth and serue the Lorde in feare with reuerence VVhen the christian Emperours and Princes saieth this catholique father shall heare that Nabuchodonozor after he had seen the marueilous power of almighty God in sauing the three younge men from the violence of the fire walking therin without hurt was so astonied at the miracle that he him selfe being before this but a cruell Idolatour began forthwith vpon this wonderous sight to vnderstande and serue the Lorde with reuerent feare Doo not they vnderstande that these thinges are therefore writen and recited in the Christian assemblies that these shoulde be examples to them selues of faith in God to the furtherance of Religion These Christian rulers therfore minding according to the admonition of the Psalme to vnderstande to be learned and to serue the Lord with reuerent feare do very attētiuely giue eare and marke what Nabuchodonozor after said for he saieth the Prophet made a decree or statute for all the people that were vnder his ●beissance that who so euer shuld after the publicatiō thereof speake any blasphemy against the almighty they should suffer death and their Goodes be confiscate Now if the Christian Emperours and kinges doo know that Nabuchodonozor made this decree against the blasphemers of God surely they cast in their myndes what they are bounde to decree in their kingdomes to witte that the selfe same God and his Sacramentes be not lightly set by and contemned Thus farre S. Augustin By whose iudgement being also the iudgement of the catholique church it is manifest y t the order rule and gouernement in Ecclesiasticall causes practised by the kynges of the olde Testament beynge figures and prophesies of the lyke gouernement and seruice to be in the kynges vnder the newe Testament is the order of gouernment that Christ left behynde him in the Ghospell and newe Testament and so directlye confuteth your erronious opinion Nowe I wyll conclude on this sorte that whiche I affirmed namely that kynges and Princes ought to take vpon them gouernement in Ecclesiasticall causes What gouernement orde and dutifulnes so euer belongyng to any God hath figured and promysed before hande by his Prophetes in the holy Scriptures of the old Testament to be perfourmed by Christe and those of his kyngdome that is the gouernement order and dutifulnes set foorth and required in the Ghospel or newe Testament But that faithfull Emperours Kynges and Rulers ought of dutie as belongynge to their office to claime and take vpon them the gouernement authoritie power care and seruice of God their Lorde in matters of Religion or causes Ecclesiasticall was an order and dutifulnes for them prefigured and fore promysed of God by his Prophetes in the Scriptures of the olde Testament as S. Augustine hath sufficiētly witnessed Ergo. Christian Emperours Kynges and Rulers owe of dutie as belonging to their office to clayme and take vpon them the gouernement authoritie power care and seruice of God their Lorde in matters of Religion or Spirituall or Ecclesiasticall causes is the gouernement order and dutifulnes set forth and required in the Ghospell or newe Testament This that hath been already sayd myght satisfie any man that erreth of simple ignoraunce But for that your wilfulnes is suche that you delight only in wranglinge against the truthe appeare it to you neuer so playne and that no weyght of good proufes can presse you you are so slippery I wyll loade you with heapes euen of suche proufes as ye wyll seeme desirous to haue The holy Ghost describing by the Prophete Esay what shalbe the state of Christes Church in the time of the new Testament yea now in these our daies for this our time is the time that the Prophet speaketh of as S. Paule witnesseth to the Corinthians addeth many comfortable promises amongest other maketh this to Christes Catholique Church to witte Kinges shalbe Nourshing Fathers and Quéenes shalbe thy nources Nourishing Fathers saith the glose enterlined In lacte verbi In the mylke of the woorde meaninge Goddes woorde Lyra addeth This prophecy is manifestly fulfilled in many Kinges and Queenes who receiuing the Catholique Faith did feede the poore faithfull ones c. And this reuerence to be done by Kinges saith Lyra was fulfilled in the time of Constantine and other Christian Kinges Certainely Constantine the Emperour shewed him selfe to vnderstād his owne duety of nourishing Christes Church appointed by God in his Prophecy for he like a good tender and faithful Nourcefather did kéepe defende mainteine vpholde and féede the poore faithfull ones of Christ he hare them beinge
permitted to speake That is as your owne doctour Nicol. de Lyra expoundeth it Women muste not teache and preache the doctrine in the Churche neyther dispute openly Therefore our Sauiour Christe did not committe to Kinges Quéenes and Princes the authoritie to haue and take vpon them any parte of gouernement in Ecclesiasticall causes As though a younge Nouice of your Munkishe order shoulde haue argued Nunnes muste kéepe silence and maye not speake in the Cloysture nor yet at dinner time in the fraytry therefore your deceyuer the Pope did not committe authoritie to his Prouincialles Abbottes Priors and Prioresses to haue and take vppon them the gouernement vnder him selfe in Munkishe and Nunnishe causes and matters What man woulde haue thought Maister Feckenham to haue had so litle consideration although vnlearned as to vouche the silence of women in the Churche for a reason to improue the authority of Princes in Churche causes M. Fekenham The thirde chiefe pointe is that I must not onely svveare vppon the Euangelistes that no forayne personne state or potentate hath or ought to haue any povver or authority Ecclesiasticall or Spirituall vvithin this Realme but also by vertue of the same Othe I must renounce all forrayne povver and authorities vvhiche for a Christian man to doo is directly againste these tvvoo Articles of our Crede Credo sanctam Ecclesiam catholicam I doo beleeue the holy catholique Churche Credo Sanctorum Communionem I doo beleeue the Communion of Sainctes And that there is a participation and communion amongest all the beleeuers of Christes Churche vvhiche of the Apostle Paule are called Sainctes Adiuro vos per Dominum vt legatur haec Epistola omnibus sanctis fratribus And herin I doo ioyne this issue vvith your L. that vvhan your L. shalbe hable to proue by Scripture Doctour Generall councell or by the continuall practise of any one Churche or parte of all Christendome that by the firste article I beleeue the holy catholique Churche is meante onely that there is a Catholique Churche of Christe and not so that by the same Article euery Christian man is bounde to be subiect and obedient to the catholique Churche like as euery member ought to haue obedience vnto the vvhole mysticall Body of Christe And further vvhen you shalbe hable to proue by the seconde Article I doo beleeue the Communion of Sainctes is not so meante that a Christian man ought to beleeue suche attonement such a participation and communion to be amongest all beleeuers and members of Christes catholique Churche in doctrine in Faithe in Religion and Sacramentes but that it is lavvfull for vs of this Realme therein to dissent frō the catholique Church of Christe dispersed in all other Realmes and that by a corporall Othe it is lavvfull for vs to renounce and refuse to haue communion vvith the catholique Churche so dispersed bicause it is a forrayne authoritie and povver out of this Realme vvhen so euer your L. shalbe hable to proue this ▪ by Scripture Doctour Generall councell or yet by continuall practise of any one Churche or parte of all Christendome Than shall I in like manner yelde in this thirde pointe and vvith moste humble thankes shall thinke my seife very vvell satisfied therein The B. of Wynchester This thirde chiefe point is nothing els but a misshapened lumpe of woordes conteininge firste an argument grounded vpon a kinde of Opposition that no wise or learned man euer redde of but is newly forged and hammered out of your owne braine Then an issue to haue me prooue that thinge whiche beinge rightly vnderstanded no Christian doth doubt of or will denie And last of all an huge heape of flatte and manifest Lies against the whole Realme to set a good face vpon an euill fauoured cause whiche can finde no helpe or ease by plain and simple truth The weighty burden that you are loden with can not beare is that you must by othe renounce all forreine power and authoritie the cause that maketh you fainte and feble is that it is directly against two articles of our Creede So that your feble reason is grounded after your simple skill vpon the place ab apositis pugnantibus Before I aunswere to the argument I will put the Reader in remembraunce of the deuision whiche you make chopping chaunging one article into twaine to make some shewe of an heinous matter Surely it were ouermuche detestable if you were moued to sweare but against one article of our Crede as yee were neuer moued by me either to or fro to sweare any thing at all There be three symboles or Credes whiche haue been allowed and receiued of Christes catholique Churche The symbole of the Apostles of the Nicen councell and of Athanasius The Apostolicall is so called bicause it was collected as some saye by the twelue Apostles and therefore conteineth as the cōmonly receiued opinion is in Christꝭ Churche according to the nomber of the. xtj. Apostles but twelue articles whiche are called in the vsuall speche of the catholique Christiās the twelue articles of our Crede or beliefe If this I beleue the communion of sainctes be a seuerall article from this I beleue the holy catholique Churche as you doo phantasie then there must needes be at the least thirtene articles of the Crede contrary to the vniuersally receiued opinion of the catholique Churche You were wont to staye your selfe much vpon the custome of the catholike Churche and woulde vrge stifly although not so truely the vniuersally receiued opinion of the catholique Churche as a matter that might not bee reiected or denied and howe chaunceth it nowe that you are become suche a chaungeling that cleane contrary to the vse of the catholique Churche whiche acknowledged but twelue you wil make thirtene articles of the Créede at the least Besides this the catholique Churche in the time of Cyprian and Augustine and before also did not reken or iudge these to be twoo seuerall articles but did coumpte them one article concludinge these woordes the communion of Sainctes in this sentence I beleue a catholique Churche of Christe recyting the Symbole without rehersall or mentioning the communion of Sainctes as it is plainely set foorth by S. Cyprian and Augustine in their exposicions of the Apostolicall Créede The mattier meant by the communion of Sainctes is vttered in these woordes I beleue an holy catholike Churche of Christ Whereunto hath been added sence these auncient fathers times as it may séeme by the way of explication a communion of Sainctes to expresse in plainesse of speche that Christes catholique Churche is nothing els but a felowshippe and communion of faithfull ones whiche are sainctes Nowe let vs see howe to sweare as this thirde chiefe point of the othe setteth foorth is directly against this article of our Créede I beleaue the holy catholique Churche the communion of Sainctes All true subiectes ought and must renounce and forsake all forraine iurisdictions powers superioritie preheminences and authorities
to mine assertion to be committed by Christe to Bishops priestes as proprely apperteyning to their office and calling without further commission or authoritie from Princes or any other power The distinction that I made of Ecclesiasticall iurisdiction I wil first repete and than put mine answeare to your argumentes Spiritual Iurisdiction is deuided into twoo sortes the one is called Cohibityue the other not Cohibityue That whiche is called not Cohibityue is that iurisdiction or power that is exercised and woorketh in the inwarde and secrete courte of conscience that is the preachinge of the Ghospell mynistration of the Sacramentes and the absoluinge and reteininge of sinnes by the woorde of God in the publique mynistery This therfore they call not Cohibityue bicause in the Court of conscience no man is bound or lowsed vnwillingly or against his will To exercise this kinde of Iurisdiction neither kinges nor ciuill Magistrates neither any other persone may challendge or take vppon him onlesse he be lawfully called thereunto Iurisdiction Cohibitiue hath twoo partes the one consisteth in the exercise of excommunication and circumstaunces thereunto required by Christes institution the whiche power or Iurisdiction belongeth to the Churche onely and not to the Prince Bishoppe or Priest for noman hath authoritie to excommunicate but onely the Churche and those who receiue authoritie there vnto by commission from the Churche The other kinde of Cohibitiue Jurisdiction is a power or authoritie that consisteth and is exercised in foro causarum in the courte of causes and apperteineth ad externum publicum forum to the externall and publike Courte and is defined to be saith Antonius an authoritie or power to declare the Law geue sentence and to iudge in all controuersies pertayninge to the Courte what is euery mans right and in summe to doo those thinges that iustice dooth require accordinge to the Lawes Ioannes Quintinus defineth Iurisdiction to the same effect but openeth the nature thereof more plainely sayinge Iurisdiction is an office and authoritie to declare the Lawe that is to admynister iustice and equity● and to gouerne the people with right and Lawes VVhan I name an office saith he I meane that iurisdiction hath in it selfe a necessity to declare the Lawe for office is that whiche euery man is bounde to doo to declare the lawe is to exercise iudgementes whereuppon commeth iurisdiction he meaneth that iurisdiction hath the name and is so called of exercisinge iudgementes iudgementes are exercised onely of them that haue iurisdiction that is power to iudge Iurisdiction consisteth onely in the contentions or debatinge of matters in Courte or iudgementes This authoritie to iudge dooth discende nowe from the Prince alone in whome onely is all power By vertue of this iurisdiction saith Antonius the Churche mynisters accordinge to their offices rightly enioyned vnto them may lawfully visit enquire of mens manners punishe the faulty send foorth apparitours or sommoners cyte the sturdy and stubborne represse their malepartnes call and sommon meete personnes to the Synode prouinciall or generall confirme the matters decreed in the Synode or Councell pardon faultes chaunge or mytigate the penaunce enioyned for confessed faultes condemne Heretiques and their writinges examine all mens writinges who so euer before they be set foorth or published and after due examination iudge whether they conteyne sounde or pestilent doctrine ordeine Decrees Lawes caeremonies and rytes constitute Bisshoppes and other Churche mynisters also depose degrade make them irreguler and vnhable to haue holy orders determine illegitimation in personnes for maryage bestowe Ecclesiasticall benefices and exact tythes and annates These and many other thinges may be lawfully doone by those that haue the power of this Cohibytiue Iurisdiction whiche is not saithe he properly signified by the name of the keyes for although it may be named in some respecte a Churche keye yet it differeth very muche from the keyes of the firste Courte that is of the Courte of Conscience For the vse of those keyes that are occupied in the Courte of conscience belongeth onely to the Euangelicall Priestes But this Iurisdiction may lawfully be exercised of those that are not mynisters of the woorde and Sacramentes and are not Priestes As the twoo former partes of Ecclesiastical iurisdiction haue their vertue power and institution of Christe immediatly euen so this third part whiche is saide to consiste in foro causarum with those thinges which may be vsed or exercised by vertue thereof dothe depende vppon the positiue Lawes of Christian Magistrates or where suche wanteth vppon the positiue rules and orders of that Churche where suche orders muste be practised and not immediatly vppon the Lawe of God You tooke vppon you to proue that this seconde kinde of Cohibityue Iurisdiction with the appurtenances thereof as I haue rehersed was appointed by the expresse woorde of God immediatly to Bishoppes and Priestes without further commission of Princes or other power whiche I denied Nowe let vs consider the force of your proufes and sée how they conclude your cause Firste yée say that the woordes of the first parte of the Othe doo by expresse woordes of the Acte geue vnto the Q. highnes all manner of iurisdictions priuileges and preheminences in any wise touchinge and concerninge any Spirituall or Ecclesiasticall iurisdiction within the realme with an expresse debarre and flat deniall made of al spirituall iurisdiction vnto the Bisshoppes thereof to be exercised ouer their flockes and cures without her highnes speciall commission to be graunted thereunto they hauinge by the expresse woorde of God commission of spirituall gouernement ouer them Your euill dealing with the woordes of the Acte and the Othe expresseth an vnkindely meaninge to the Prince and the state for that either the Acts or the Othe debarreth or denieth expressely or couertly y e Bishopes of this realme to exercise ouer their flockes and cures without her highnes speciall commission graunted therto any spirituall iurisdiction assigned to a Bishop by the woorde of God is altogether vntrue The Statute geueth or rather restoreth to the Prince Iurisdiction and authoritie to enquire after what sorte the Ecclesiasticall state and personnes behaue them selues in their cures and chardges to refourme and correct the disorders negligencies and enormities risinge amongest them to the hinderaunce of their office in their cures and chardges and in summe to order and prouide that they doo execute their office accordinge to their callinge in their cures chardges This is not to debarre or denie them the exercise of their office without a speciall licence Neither doo the expresse woordes of the Statute geue to the Prince all manner of iurisdictions in suche absolute wise as you reporte in any wise and any spirituall iurisdiction within the realme For these termes all manner in any wise and any spirituall iurisdiction whiche you enforce so muche are not founde in the gifte or restitucion of spirituall iurisdiction made by the acte vnto the Prince But in that parte where the acte geueth afterwarde
as it were almost weried forhayed with the great persecutions of Goddes enemies and maruelously shaken with the controuersies and contentions amongest them selues euen as a nource Father in his owne bosome he procured that they should be fedde with the swéete milke of Goddes woorde Yea he him selfe with his publique proclamations did exhorte and allure his subiectes to the Christian Faith As Gusebius doth reporte in many places writinge the life of Constantine He caused the Idolatrous religion to be suppressed and vtterly banisshed and the true knowledge and Religion of Christe to be brought in and planted amonge his people He made many holsome lawes and godly constitutions wherewith be restrained the people with threates forbiddinge them the Sacrificinge to Idolles to seeke after the Deuelish and superstitious sothsaiynges to set vp Images that they should not make any priuie Sacrifices and to be briefe he refourmed all manner of abuses about Gods seruice and prouided that the Churche shoulde be fedde with Goddes woorde Yea his diligent care in furtheringe and settinge foorth the true knowledge of Christe wherewith he fedde the people was so watcheful that Eusebius doth affirme him to be appointed of God as it were the common or Vneuersall Bisshop And so Constantine tooke him selfe to be and therefore saide to the Bishoppes assembled together with him at a feast that God had appointed him to be a Bissoppe But of this moste honorable Bishop nourshinge father more shalbe saide hereafter as of other also suche like Our sauiour Christ meante not to forbidde or destroy touchinge the rule seruice and chardge of Princes in Churche causes that whiche was figured in the Lawe or prophecied by the Prophetes For he came to fulfill or accomplis he the Lawe and the Prophetes by remoouinge the shadowe and Figure and establishing the Body and Substance to be séene to appeare cléerely without any miste or darke couer yea as the power and authoritie of Princes was appointed in the Lawe and Prophetes as it is prooued to stretche it selfe not onely to ciuill causes but also to the ouer sight maintenaunce settinge foorth and furtherance of Religion and matters Ecclesiasticall Euen so Christe our Sauiour confirmed this their authoritie commaunding all men to attribute and geue vnto Caesar that which belongeth to him admonishinge notwithstandinge all Princes people that Caesars authoritie is not infinite or without limites for suche authoritie belongeth onely to the Kinge of all Kinges but bounded and circumscribed within the boundes assigned in Goddes woorde and so will I my woordes to be vnderstanded when so euer I speake of the power of Princes And this to be Christes order and meaninge that the Kinges of the nations should be the supreme gouernours ouer their people not onely in Temporall but also in Spirituall or Ecclesiasticall causes the blessed Apostles Peter and Paule doo plainely declare The supremacy of Princes they set foorth when they cōmaunde euery soule that is euery man whether he be as Chrysostome saith an Apostle Euangelist Prophete Priest Monke or of what so euer callinge he be to be subiect obey the higher powers as Kinges and their Lieutenauntes or gouernours vnder them And thei declare that this supreme gouernment is occupied and exercised in or about the praysinge furthering and aduauncinge of vertue or vertuous actions and contrary wise in correctinge stayinge and repressinge all manner of vice or vicious actions which are the propre obiect or mattier hereof Thus doth Basilius take the meaninge of the Apostles sayinge This seemeth to me to be the office of a Prince to ayde vertue and to impugne vice Neither S. Paule neither the best learned amongest the auncient Fathers did restreine this power of Princes onely to vertues and vices bidden or forbidden in the seconde table of Goddes commaundementes wherein are conteined the dueties one man oweth to an other But also did plainely declare them selues to meane that the authoritie of Princes ought to stretche it selfe to the maintenaunce praise and furtherance of the vertues of the first Table and the suppression of the contrary wherein onely consisteth the true Religion and spirituall Seruice that is due from man to God S. Paule in his epistle to Timothe teacheth the Ephesians that Kinges and rulers are constituted of God for these twoo purposes that their people may liue a peaceable life thorough their gouernment and ministery both in godlines which is as S. Augustine interpreteth it the true and chiefe or propre worship of God and also in honesty or séemelines in whiche twoo woordes godlines and honestie he conteined what so euer is commaunded either in the firste or seconde Table S. Augustine also sheweth this to be his minde when describing the true vertues which shall cause princes to be blessed nowe in Hope and afterwarde in déede addeth this as one especiall condicion required by reason of their chardge and callinge If that saithe he they make theyr power whiche they haue a seruaunt vnto Goddes Maiestie to enlardge moste wide his woorship Seruice or Religion To this purpose also serue all those testimonies which I haue cited before out of S. Augustine against the Donatistes who in his booke De. 12. abusionum gradibus teacheth that a Prince or ruler must labour to be had in awe of his subiectes for his seueritie against the transgressours of Gods Lawe Not meaninge onely the transgressours of the seconde table in Temporal matters But also against the offendours of the first table in Spirituall or Ecclesiasticall causes or matters Whiche his meaning he declareth playnely in an other place where he auoucheth the saying of S. Paule The Prince beareth not the Sworde in vaine to proue therewith against Petilian the Donatiste that the power or authoritie of Prynces whiche the Apostle speaketh of in that sentēce is gyuen vnto them to make sharp Lawes to further true Religion and so suppresse Heresies and Schismes and therfore in the same place he calleth the catholique Churche that hath suche Princes to gouerne to this effecte A Churche made strong whole or fas●ened together with catholique Princes meanyng that the church is weake rent and parted in sonder where catholique Gouernours are not to maynteine the vnitie thereof in Churche matters by their authoritie and power Gaudentius the Donatist founde him selfe agreeued that Emperours should entremedle and vse their power in matters of Religion affirmyng that this was to restreyne men of that freedome that God had set men in That this was a great iniury to God if he meaning his Religion should be defended by men And that this was nothing els but to esteeme God to be one that is not able to reuenge the iniuries doon against him selfe S. Augustine doth answere and refute his obiections with the authoritie of S. Paules saiyng to the Romaynes Let euery soule be subiect to the higher powers c. For he is Goddes mynister to take vengeance on him
that dooth euill interpreting the mynd of the Apostle to bee that the authoritie and power of Prynces hath to deale in Ecclesiasticall causes so well as in Temporall And therefore sayth to Gaudentius and to you all Blotte out these saiynges of S. Paule 13. Rom. if you can or if you cannot then set naught by them as ye doo Reteyne a most wicked meaning of all these saiynges of the Apostle least you loose your freedome in iudging or elles truely for that as men yee are ashamed so to doo before men crie out if you dare Let murtherers be punished let adulteriers be punished let all other faultes be they neuer so heynous or full of mischiefe be punished by the Magistrate wee will that onely wicked faultes against Religion be exempt from punishment by the Lawes of Kinges or rulers c. Herken to the Apostle and thou shalte haue a great aduantage that the kingely power cannot hurt thee doo well and so shalt thou haue prayse of the same power c. That thinge that yee doo is not onely not good but it is a great euill to witte to cut in sund●e the vnity and peace of Christe to rebelle against the promises of the Ghospell and to beare the Christian armes or badges as in a ciuil warre against the true and highe Kinge of the Christianes Chrysostome sheweth this reason why S. Paule doth attribute this title of a minister woorthely vnto the Kinges or ciuill Magistrates bicause that thorough frayinge of the wicked men and commendinge the good he prepareth the mindes of many to be made more appliable to the doctrine of the woorde Eusebius alluding to the sentence of S. Paule where he calleth the ciuill Magistrate Goddes minister and vnderstanding that Ministery of the ciuill Magistrate to be about Religion Ecclesiasticall causes so well as Temporal doth call Constantine the Emperour The great light and moste shrill preacher or setter foorth of true godlines The one and onely God saith he hath appointed Constantine to be his mynister and the teacher of godlines to all countreis And this same Constātine like a faithfull and good mynister did thoroughly set forth this and he did confesse himselfe manifestly to be the seruaūt and mynister of the high Kinge He preached with his imperiall decrees or proclamations his God euen to the boundes of the whole worlde Yea Constantine him selfe affirmeth as Eusebius reporteth That by his mynisterie he did put away and ouerthrowe al the euilles that pressed the worlde ▪ meaninge all superstition Idolatry false Religion In so muche saith this godly Emperour that there withal I bothe called againe mankinde taught by my mynisterie to the Religion of the most holy Lawe meanyng the woorde of God and also caused that the most blessed Faithe shoulde encrease and growe vnder a better gouernour meanyng than had beene before for saithe he I woulde not be vnthankefull to neglect namely the best mynistery whiche is the thankes Iowe vnto God of duety This most Christian Emperour did rightly consider as he had beene truely taught of the moste Christian Bishoppes of that time that as the Princes haue in chardge the mynistery and gouernment in all manner causes either Temporall or Spirituall Euen so the chiefest or best parte of their Seruice or Mynistery to consist in the well ordering of Churche matters and their diligent rule and care therein to be the most thankeful acceptable and duetifull Seruice that they can doo or owe vnto God For this cause also Nicephorus in his Preface before his Ecclesiasticall history doth compare Emanuel Paleologus the Emperour to Constantine for that he did so neerely imitate his duetifulnes in rulinge procuringe and refourminge Religion to the purenesse thereof Whiche amonge all vertues belonginge to an Emperour is moste seemely for the imperiall dignitie and dothe expresse it moste truely as Nicephorus saithe who maketh protestacion that he saithe nothinge in the commendacion of this Emperour for fauour or to flatter but as it was true in deede in him And so reherseth his noble vertues exercised in dischardge of his imperiall duetie towardes God in Churche matters sayinge to the Emperour who hath glorified God more and shewed more feruente zele towardes him in pure Religion without feyninge than thou haste doone who hath with suche feruent zeale sought after the moste syncere faithe muche endaungered or clensed againe the holy Table VVhen thou sawest our true Religion broughte into perill with newe deuises brought in by conterfaict and naughty doctrines thou diddest defende it most painefully and wisely Thou diddest shewe thy selfe to be the mighty supreme and very holy anchour and staie in so horrible waueringe and errour in diuine matters beginninge to fainte ard to peris he as it were with shipwracke Thou arte the guide of the profession of our Faithe Thou hast restored the Catholique and Vniuersall Church beinge troubled with newe matters or opinions to the olde state Thou haste banished from the Churche all vnlawfull and impure doctrine Thou hast clensed againe with the woorde of trueth the Temple from choppers and chaungers of the diuine doctrine and from hereticall deprauers thereof Thou haste beene sette on fier with a Godly zeale for the diuine Table Thou haste established the doctrine thou haste made Constitutions for the same Thou haste entrenched the trewe Religion with myghtie defenses That whiche was pulled downe thou haste made vp agayne and haste made the same whole and sounde againe with a conuenient knittinge togeather of all the partes and members to be shorte thou haste saithe Nicephorus to the Emperour establissed true Religion and godlines with spirituall butiresses namely the doctrine and rules of the auncient Fathers These and suche like Christian Emperours are not thus muche commended of the Ecclesiasticall wryters for their notable dooinges in the maintenaunce and furtheraunce of Religion as for dooinges not necessarily appertayninge to their office or callynge But for that they were examples spectacles and glasses for others wherein to beholde what they are bounde vnto by the woorde of God and what their subiectes may looke for at their handes as matter of chardge and duetie both to God and his people Whiche S. Paule doth plainely expresse where he exhorteth the Christians to make earnest and continuall prayer for kynges and all that are in authoritie to this ende and purpose that by their rule mynistrie and seruice not onely peace and tranquilitie but also godlines and Religion should be furthered and continued amongst men attributing the furtherance and continuaunce of Religion and godlynes to the Magistrates as an especial fruite and effect of their dutie and seruice to God and his people Chrysostome expounding this place of the Apostle doth interprete his meaning to be vnderstanded not onely of the outward peace tranquilitie furthered mainteined defended by the Magistrates but chiefly of the inward peace of the mynde and conscience whiche can not be atteyned without pure Religion as
Theodorus maketh relacion vnto the Synode hereof deliuereth the Billes of supplication to be considered on presenteth the parties to the Synode and sheweth that this is the Emperours pleasure that they shoulde dispatche and ende these matters Paulus the Bishoppe of Apamea in his bill of supplication offred to the most godly Emperour in the name of all his acknowlegeth him to be the highest Potentate in the worlde next vnto God who hath magnified his Empire and throwen his aduersaris vnder him bicause he mainteineth the onely and pure Faith offreth vnto god pure Leuen that is to saie true doctrine as incense and burneth the chaffe meaning false Religion with vnquencheable fier And after the Declaration of their Faith talkinge of the Eutychian or counterfaite catholique He desireth the Emperour to whom God hath reserued the full authoritie to directe to cut him from the Churche and to expulse him out of his Dominions In like sorte the Religious men and the Monasteries of Secunda Syrta doo offer vp a booke of supplication vnto the Emperour beséechinge him that he wil commaund the Archebishoppe Mennas president of the councel to receiue their booke to consider of it according to the Ecclesiastical Canons The Emperour maketh a lawe and constitution to ratifie confirme the iudgemēt of y e Sinode against Anthymus other heretiques wherein also he decreeth touchinge many other ecclesiastical matters or causes as No man to Rebaptize to prophane the holie Communion to call Conuenticles to dispute further in those matters concluded on to publishe or set foorth the Hereticall bookes to communicate with them And so knitteth vp all with this conclusion Wee haue decreed these thinges for the common peace of the moste holie Churches these thinges haue we determined by sentence All thinges beinge thus doone by the commaundement of the Emperour in the first Action so foorth in the seconde thyrde and fowrth after many acclamations the Presidente of the Councell Mennas concludeth saiynge to the Synode That they are not ignorant of the zeale and minde of the Godly Emperour towardes the right Faith and that nothinge of those that are moued in the Churche ought to be doone without his will and commaundement Suche is the aucthoritie of Princes in matters Ecclesiasticall that the Godly auncient Fathers did not onely confesse that nothinge moued in Church matters ought to be done without their aucthoritie but also did submitte them selues willingly with humble obedience to the direction of the Godly Emperours by their lawes in all matters or causes Ecclesiasticall whiche they woulde not haue doone if they hadde thoughte that Princes oughte not to haue gouerned in Ecclesiastical causes The same zelous Emperour doth declare that the authoritie of the Princes lawes doth rightly dispose and kepe in good order both spirituall and temporal matters and driueth away all iniquitie wherefore he did not onely gather togeather as it were into one heape the lawes that he him selfe had made and other Emperours before him touchinge ciuill or temporall matters but also many of those lawes and constitutions whiche his auncestours had made in Ecclesiastical causes Yea there was nothinge perteininge to the Churche gouernmente whiche he did not prouide for order and diricte by his lawes and constitutions wherein maie euidently appeare the aucthoritie of Princes not onely ouer the persons but also in the causes Ecclesiasticall He made a common and generall lawe to all the Patriarches touchinge the orderinge of Bishoppes and all other of the clergie Church ministers prescribinge the number of them to be suche as the reuenues of the Churches may well susteine affirminge that the care ouer the Churches and other Religious houses perteine to his ouersight And dooth further inhibite that the ministers doo passe foorth of one Church to an other without the licence of the Emperour or the Byshoppe the whiche ordinaunce he gaue also to those that were in Monasteries He geueth authoritie to the Patriarche or Byshoppe to refuse and reiecte although greate suite by men of muche authoritie be made He prescribeth in what sorte to what ende the churche goodes shoulde be bestowed and threatneth the appointed paynes to the Byshop and the other ministers if they transgresse this his constitution He prescribeth in what sorte the Bishop shall dedicate a Monastery he giueth rules and fourmes of examination and trial of those that shalbe admitted into a Monastery before they be professed in what sort and order they shall liue together He prescribeth an order and rule wherby to choose and ordeyne the Abbot He requireth in a Monastical persone diuinorum eloquiorum eruditionem conuersationis integritatem Learning in Gods woorde and integritie of life And last of all he chargeth the Archebishoppes Bishops other Church ministers with the publishing and obseruing of this his constitution Yea his Temporall officers and Iudges also threatening to them both that if they do not see this his Lawe executed and take the effecte they shall not escape condigne punishement He protesteth that Emperours ought not to be careful for nothing so muche as to haue the mynistery faithfull towardes God and of honest behauiour towardes the worlde whiche he saith will easely be brought to passe if the holy rules whiche the Apostles gaue and the holy fathers kept and made plaine be obserued and put in vre Therefore saith he we folowing in al thinges the sacred rules meaning of the Apostles doo ordeine and decree c. and so maketh a constitution and Law touching the qualities and condicion that one to bee chosen and ordred a Bishop ought to haue and prescribeth a fourme of triall and examinacion of the party before be be ordered adding that if any be ordered a Bishop not qualified according to this constitution both he that ordereth and he that is ordered shall lose their Bishoprikes He addeth furthermore that if he come to his bishoprike by giftes or rewardes or if he be absent from his Bishoprike aboue a time limited without the commaundement of the Emperour that he shall incurre the same penalties The like orders and rules he prescribeth in the same constitucion for Deacons Diaconisses Subdeacons and Readers cōmaunding y e Patriarches Archbishops Bishops to promulgate this cōstitution to see it obserued vnder a pain He affirmeth that this hath been an auncient Lawe and doth by his authoritie renue and confirme the same that no man haue priuate chappels in their houses wherin to celebrate the diuine misteries whereunto he addeth this warning to Mennas the Archebishop that if he knewe any suche to be and doo not forbidde and refourme that abuse but suffer this constitution of the Emperour to be neglected add broken he him selfe shall forfait to the Emperour fifty poundes of golde Also that the mynisters keepe continuall residence on their benefices otherwise the Bishop to place others in their rowmes and they neuer to be restored Whan this Emperour vnderstode by the
the Clergy and the people elected Gregory the firste called afterwardes the great But the custome was saithe Sabellicus which is declared in an other place that the Emperours should ratifie by their consent the election of him that is chosen Pope And to stay the Emperours approbation saith Platina he sente his messengers with his letters to beseeche the Emperour Mauritius that he woulde not suffer the election of the people and clergy to take effecte in the choyse of him c. So muche did this good man saithe Sabellicus seekinge after heauenly thinges contemne earthly and refused that honour for the whiche other did contende so ambiciously But the Emperour beynge desirous to plante so good a man in that place woulde not condescende to his request but sent his Embassadours to ratifie and confirme the election Richaredus Kyng of Spaine rightly taught and instructed in the Christian faithe by the godly and Catholique Bishoppe Leander Bishop of Hispalis did not onely bringe to passe that the whole nation shoulde forsake the Arianisme and receyue the true faithe but also did carefully study howe to continue his people in the true Religion by his meanes newely receiued And therefore commaunded all the Bishoppes within his Dominions to assemble togeather at Toletum in the fourth yéere of his reigne and there to consulte about stayinge and confirminge of his people in true faithe and Religion of Christe by godly discipline Whan the Bishoppes were assembled in the conuocation house at the kinges commaundement the king commeth in amongst them he maketh a short but a pithy and most Christian oration vnto the whole Synode Wherein he sheweth that the cause wherfore he called them together into the Synode was To repaire and make a newe fourme of Churche discipline by common consultation in Synode whiche had béene letted longe time before by the Hereticall Arianisme the whiche stay and let of the Arians haeresies it hath pleased God saithe he to remoue and put away by my meanes He willeth them to be ioyfull and gladde that the auncient manner to make Ecclesiasticall constitutions for the well ordering of the Churche is now thorough Gods prouidence reduced and brought againe to the boundes of the Fathers by his honorable industry And laste of all he doth admonishe and exhorte them before they beginne their consultation to faste and pray vnto the Almighty that he will vouchesaulfe to open and shewe vnto them a true order of discipline whiche that age knewe not the senses of the Clergie were so muche benūmed with longe forgetfulnes Whereuppon there was a three dayes faste appointed That doone the Synode assembleth the kinge commeth in and sitteth amongst them he deliuereth in writinge to bée openly redde amongest them the confession of his Faithe in whiche he protesteth with what endeuour and care beyng their king he ought not onely to study for him selfe to be rightly geuen to serue and please God with a right Faithe in true Religion but also to prouide for his subiectes that they be thoroughly instructed in the Christian Faithe He affirmeth and thereto taketh them to witnes that the Lorde hath styrred him vp enflamed with the heate of Faithe both to remooue and put away the furious and obstinate Heresies and Schismes and also by his vigilaunt endeuour and care to call and bringe home againe the people vnto the confession of the true faith and the communion of the Catholique Churche Further alludinge to the place of S. Paule where he saith that thorough his mynistery in the Ghospell he offreth vp the Gentiles vnto God to be an acceptable Sacrifice he saithe to the Bishoppes That he offreth by their mynisterie this noble people as an holy and acceptable Sacrifice to God And laste of all with the rehersall of his faithe he declareth vnto the Bishoppes That as it hath pleased God by his care and industry to winne this people to the faith and vnite them to the Catholique Churche so he chardgeth them now to see them staide and confirmed by their diligent teachinge and instructinge them in the trueth After this confession was redde and that he him selfe and also his Quéene Badda had confirmed and testified the same with their handes subscripcion the whole Synode gaue thankes to God with many and sundry acclamacions saying That the Catholique Kinge Richaredus is to be crowned of God with an euerlastinge crowne for he is the gatherer togeather of newe people into the Churche This Kinge truely ought to haue the Apostolique rewarde who hath perfourmed the Apostolique office This done after the Noble menne and Bishoppes of Spaine whome the woorthy Kinge had conuerted and brought to the vnitie of Faithe in the Communion of Christes Churche had also geuen their confession openly and testified the same with subscription the Kinge willinge the Synode to goe in hande to repayre and establishe some Ecclesiasticall discipline saithe to the Synode alludinge to S. Paules saying to the Ephesians to this effect That the care of a kinge ought to stretch foorth it selfe and not to cease till he haue brought the subiectes to a ful knowledge and perfect age in Christ and as a kinge ought to bende all his power and authoritie to represse the insolence of the euill and to nouris he the common peace and tranquilitie Euen so ought he muche more to study labour and be carefull not onely to bring his subiectes from errours and false Religion but also to see them instructed taught and trained vp in the trueth of the cleere light And for this purpose he dooth there decree of his owne authoritie commaunding the Bishoppes to see it obserued that at euery Communion time before the receipt of the same all the people with a loude voice together doo recite distinctly the Symbole or Crede set foorth by the Nicen councell When the Synode had consulted about the discipline and had agreed vpon suche rules and orders as was thought moste mete for that time and Churche and the kinge had considered of them he doth by his assent and authoritie confirme and ratifie the same and first subscribeth to them and then after him all the Synode This zelous care and carefull study of this and the other aboue named princes prouiding ruling gouerning and by their princely power and authouritie directing their whole Clergy in causes or matters Ecclesiasticall was neuer disallowed or misliked of the auncient fathers nor of the Bishoppes of Rome till nowe in the latter dayes the insaciable ambicion of the Clergy and the ouermuche negligence and wantones of the Princes with the grosse ignorance of y e whole Laity gaue your holy father the childe of perdicion the full sway to make perfect the mystery of iniquitie Yea it may appéere by an Epistle that Gregorius surnamed great Bishop of Rome writeth vnto this worthy king Richaredus that the Bishop of Rome did much cōmende this carefull gouernement of Princes in causes of Religion For he moste highly commendeth the doinges of
Churche commaunded that no Legate of the Churche of Rome shoulde be suffred to entre into Germany with out he were called or hyred of the Emperour nor woulde suffer that any man vnder the maner of appellation shoulde goo vnto the Courte of Rome After the death of Adrian the fowrth the Cardinals fel out amongest them selues for the Election of a newe Pope some stryuinge to haue Rowlande other some cōtendinge to haue Octauian a man saith Vrspurg in all pointes honest and Religious Herevpon sprange an horrible Schisme and greate discorde Rowlande sent his Legates to the Emperour Fredericus 1. and desired him that he woulde take vp and ende this contention by his authoritie The Emperour commaundeth them both to come vnto him at Ticinum where foorthwith he sommoned a coūcell to be holden about this matter mindinge to examine bothe their causes and by searchinge to trye whose cause was the more honest Rowlande beynge afraide to haue the matter come to this tryall getteth him to William of Sicilia the Emperours mortall enemie and within twelue daies putteth on his Cope and nameth him selfe Alexander for he purposed béelyke to make a conquest of the matter He alleaged his ellection to be good out of al doubte and that he sente for the Emperours ayde and not for his arbytrement and therefore thought not good to bringe his case into doubtfull question The Emperour beynge offended with him for that he woulde not obey his appoinctement sente twoo Bishops to cite him to come vnto the Councell by the name of Cardinall and not Pope But Rowlande refused confutinge their Citacion with this Maxime or Principle Romanum Pontificem a nemine iudicari debere the Pope ought not to be iudged of any man But whē these Legates from the Emperour came to Octauiā he straight ways obeied theybrought him to Papia Vrspur saith that Rowlande was oftentimes monished to come and did contemne all those monitions The Emperour satte in the Councell as Radeuicus Frisingensis who wrote his actes witnesseth and made an oration vnto the Bishoppes wherein he declareth and that by the example of his auncestours Constantinus Theodosius Iustinianus and of later time of Carolus Magnus and other that the power and authoritie to call Councelles where the Churche is troubled with any schismes or other perillous distourbance belongth to the Emperour Notwithstandinge he committed the difininge of the controuersie to their wisedome and gaue them thereunto authoritie The councell debateth the cause consulteth with men learned in the lawe and so concludeth that Octauians election was good and adiudgeth him to be the right Bishop of Rome When they had thus tryed out the matter ●redericus the Emperour saith Platina Confirmat Octauianum Pontificem Confirmed Octauian Pope The Emperour within a while after sente Octauianus new confirmed Pope towardes Rome who dyed in the iourney After whose death the Emperour called an other councel at Wirtzberge as Auentinus writeth wherein were a greate number of Archebishoppes and other Bishoppes and also may of the nobles and states of the Empyre In this Councell a statute or Decree was made by common consente That from hencefoorth none shoulde be Pope onelesse he were created by the consent of the Emperour accordinge as the custome had bene of longe and auncient time This worthy Emperour whom the Chroniclers call Christianissimum moste Christian for his zeale towardes Goddes Churche endeuored not without great perill to him selfe and his estate to reteine the iurisdiction due to the Princes and thereby to refourme the horrible disorders that were growen so highe that they ouerwhelmed the Churche as in lyke sorte diuers other Emperours and Kinges bothe before and after had attempted but in vayne for the wealthy pride the fierce power and trayterous treachery of the Pope and his Prelates was so mighty violent and subtile that there was no earthly power able to withstande or matche with them And therfore Erasmus compteth the Popes of this time and those that folowed to be the Vicars and successours of Iulius Caesar of Alexander the the great of Croesus the ryche and of ●erxes the mighty rather then of Christe the onely Emperour gouernour of the Churche Bernarde calleth Eugenius 3. in his great pompe and pride rather the successour of Constantinus the highe Emperour then of Peter the humble Apostle And Abbas Vrspurg who lyued at this time when the Popes had spoyled the Emperour and other Princes welnighe of all iurisdiction rulinge all by theyr owne Decretalles nowe aboute this time set foorth as they listed maketh a lamentable complainte of the horrible pryde and couetousnesse of the whole clergie and concludeth with these woordes Gaude mater nostra Roma c. Reioyce O our mother Rome bycause the scluses of the hidden treasures in the earthe are opened that riuers and heapes of money maye flowe vnto thee in great abundance Be glad of the iniquitie of the sonnes of men bicause money is geuen to thee for the recompence of so great euilles Be mery and iocund for discordes sake which is thy helper bicause she is rushte out of the infernal pit that plētiful rewardes of money might be heaped vpō the thou hast that which thou hast alwaies thyrsted after synge pleasant balades for through mennes malitiousnesse not by thy Godlinesse thou hastouercome the worlde About this time the kinge of Cicilia and Apulia had a dispensation from the Pope for money to Inuesture Archebishoppes or Bishoppes with staffe or crosier rynge palle myter sandalles ●r slippers and that the Pope mighte sende into his dominions no Legate onlesse the kinge shoulde sende for him Our Englishe Chroniclers make report that the Kynges of this Realme hadde not altogeather leafte of their dealinge in Churche matters but continued in parte their Iurisdiction aboute Ecclesiastical causes although not without some trouble The Popes Legate came into Englande and made a councell by the assent of kinge William the Conquerour And after that in an other Councell at Winchester * were put downe many Bisshops Abbottes and Priours by the meanes and procurement of the Kinge The kinge gaue to Lanfranke the Archbisshoprike of Cantorb and on our Lady day the Assumption made him Archebishop On whit Sonday he gaue the Archbishoprike of Yorke vnto Thomas a Canon of Bayon When Thomas should haue béene consecrated of Lanfranke there fell a strife betwixt them about the liberties of the church of Yorke The controuersie beinge about Churche matters was brought and referred to the Kinges iudgement and Thomas by the Kinges commaundement was faine to come againe to Lanfranke to be sacred And afterwarde when there grew greater contention betwixt these twaine about Churche matters the Bishop of Rome remitted the matter to be determined before the Kinge and the Bisshoppes of Englande and so at Windesour before kinge VVilliam and the Cleargy the cause was treated Also an other cause was mooued before
of Bishoppes Liberius the Bishop of Rome as Athanasius reporteth in this same Epistle require in a Synode Ecclesiasticall that it be free from feare farre from the palaice where neither the Emperour is present neither the Earle or Capitaine thrusteth in him selfe nor yeat the Iudge dooth threaten He meaneth that it be frée from feare threathes and without this that the Emperour or Rulers do lymitte or prescribe to the Bishoppes what they shoulde iudge This appeareth more plainely by S. Ambrose who also speaketh of the lyke matter yea vnder the same Prince saiynge Constantinus set foorth no Lawes before hande but gaue free iudgement to the Priestes The selfe same also did Constantius in the beginning of his reigne but that whiche he well beg●nne was otherwise ended For the Bishoppes at the first had written the sincere faith but when as certeine men will iudge of the faithe within the Palaice he meaneth after the opinion of the Courtiers and prescription of the Prince otherwise it was not vnlawfull to iudge of matters concerning faithe within the Princes Palaice the Prince also beynge present for the first Nicen councell was holden within the Emperours Palayce and he him selfe was present amongest them They brought this to passe that those iudgementes of the Bisshoppes were chaunged by Circumscriptions Then is required in a Synode saieth he that the onely feare of God and the institutions of the Apostles doo suffice to all thinges Next that the right faithe be approued and Heresies with the mainteiners thereof be cast out of the councell and than to iudge of the persones that are accused of any faulte So that the Bishoply session or iudgement must haue freedome must iudge by the onely woorde of God muste haue the Bishops that doo iudge to be of the right faithe and must first examine the Religion and faithe of the partie accused and then his faithe Constantius who notwithstanding that he did pretende a Bishoply iudgemēt vsed none of these obseruauntes but the cleane contrary For as Athanasius complayneth in this Epistle the Emperour wrought all togeather with threates menassinge the Bishoppes other to subscribe against Athanasius or to departe from their Churches Who so gaynsaide the subscription receiued to rewarde either death or exile He without any persuasion with reasons compelleth all men by force and violence in so muche as many Bishoppes afterwardes excused themselues that they did not subscribe of their owne voluntary but were compelled by force VVhere as saith he the faithe is not to be set foorth with swoordes or dartes or by warrelike force but by counsailing and persuadinge He in the steade of Gods worde vsed his own will appointinge and prescribing what should be determined answering y e godly bishops who obiected against his vnorderly doings y ● ecclesiastical Canō at quod ego volo pro Canone sit Let my will stande for the Canon Pretending a iudgement of Bishops he doth what so euer liketh himselfe Where as Hosius saith cytod by Athanasius in this Epistle The Emperour ought to learne these thinges of the Bisshoppes and not to commaunde or teache them what to iudge in this kinde of iudgement for the Prince shoulde not showe him selfe so busy or curious in Ecclesiasticall thinges that his will and pleasure shoulde rule or guyde them in steade of Gods woorde and the godly Canons of the fathers Constantius woulde haue no other Bishops but Arians whiche were no Bishoppes in déede as Athanasius saith and much lesse apt to iudge of the matter touching a principall article of our faith or of the faithfull Bishop Athanasius and taking his heresy as an vndoubted truthe that might not be called into question he sought by all meanes to haue Athanasius condemned and al Bishops to refuse his communion and to communicate with the Arians These disorderly dealinges of the Emperour Athanasius cōdemneth as directly against the order of Ecclesiasticall session or Synode how so euer he pretended vnder the colour of the Bishoply iudgement to abuse his owne power and authoritie after his owne luste against whom he woulde You would haue it seeme to the ignoraunt that Athanasius mynde in this place were to denie that Princes should medle or deale in Ecclesiastical thinges or causes which is farre frō his meaning for he him self with many other godly bishops as I haue shewed before did acknowledge the Princes authoritie herein in this same epistle he him selfe confesseth this Emperours authoritie to call coūcels citeth Hosius also who enclineth to that purpose both of thē confessing y ● Constans Constantius Thēperours did cal al the Bishops to y e coūcel which he calleth Sardicēse consiliū about the accusatiōs crimes laid in against Athanasius And Theodoretus affirmeth y t this Emperour Cōstantius called a Synode at Millaine about suche like matter at whose callinge the faithfull Bishops assembled parentes regio edicto obeying the Kinges Summons which they would not haue done if it had béene vnlawfull for him to haue had any dooinges about councelles But when he abused his authority in the coūcel as though his power had béene absolute without limites or boundes willinge them yea cōpelling them to doo after his wil against good conscience they would not obey him Quin etiam palam praesentem regem coarguebant impij iniusti imperij but did opēly reproue the Kinge for his wicked and vniust rule or cōmaundement whereby is manifest that Athanasius speaketh not against the Princes authority in Ecclesiasticall matters but against his tiranny and the abusinge of that authoritie whiche God hath geuen him wherwith to mynister vnto Goddes will and not to rule after his owne lust they commende the authority but they reproue y e disorderly abuse thereof Now let vs sée how this saying of Athanasius helpeth your ●ause Constantius the Emperour dealt vnorderly and after his owne luste against Athanasius and others pretendinge neuerthelesse the iudgement of Bishoppes whiche Athanasius misliketh as is plaine in this place auouched Ergo Bishops and Priestes may make lawes decrées orders and exercise the second kinde of Cohibitiue Iurisdiction ouer their flockes and cures without commission from the Prince or other authoritie I doubt not but yée sée suche faulte in this sequele that yée are or at leaste yée ought to be ashamed thereof M. Fekenham Almighty God saith by his Prophete Hieremy vvhich vvas both a Prophet and a Priest Ecce dedi verba mea in ore tuo Ecce constitui●te hodie super gentes super regna vt euellas destruas disperd●s dissipes aedifices plantes Gregorius Nazianzenu● sermone de dictis Hieremiae ad Iulia●um Imperatorem Pu●as no patimini vt verum vobiscum agam suscipitis ne liberratem verbi libenter accipitis quod lex Christi sacerdotali vos nostrae subijsset potestati atque iustis tribunalibus subdit Dedit enim nobis potestatem dedit principatum multo perfectiorem principatibus vestris aut
tender it vnto you without perill to my self you beinge committed vnto me by the moste Honourable Counsaile without whose order I coulde attempt no such mattier You haue already shewed in plaine matter although not in plainnesse of speach that as you thinke are persuaded in conscience y t her highnes is the supreme gouernour so well in causes Ecclesiastical as Temporal For hauinge supremacie ouer the Ecclesiasticall persone the same beinge not otherwise persone Ecclesiasticall but in respect of Ecclesiasticall functions thinges causes annexed and properly belonging to Ecclesiasticall persones she hath the Supremacie ouer the person in Ecclesiastical functions thinges causes these beinge the onely matter or obiect where about or wherein the rule ouer an Ecclesiasticall persone is occupied and doth consiste This seemeth to be your glory amongst your friendes y ● you make me an offer to receiue this part of y ● Othe whē I shalbe able to declare by what meanes you may sweare without cōmittinge plaine manifest periury Mine abilitie herein shall appeare in mine answeare to your foure points God make you as readie to perfourme for dueties sake as ye wil séeme ready to offer wherby to purchase to your self a glorious estimacion But wherfore did you not make this offer vnto me either by woorde or writing all y e time of your aboade with me You plaie now after your returne into your holde as you did after y e Parliamēt before you came out of y e Tower to me When you saw the ende of the Parliamēt vnderstoode right wel y t the Othe was not like to be tendered vnto you than sent you copies of y e booke deuised for your answeare touchyng y e Othe abroade to your friendes to declare your constancy aredines to refuse y e Othe wherby thei might be the rather enduced to cōtinue their good opiniō conceiued of you also pay your chardges weakely in the Tower sent vnto you euery Saturday by your seruaunt who wrote deliuered y e copies abroade as you tolde me your self Now you are returned againe in to the Tower perceiuing y ● your friendes as you gaue thē iust cause haue some mistrust of your reuolt waueryng inconstācie wherby your estimacion fame with their seruice to your God y e belly is decaied you haue deuised to set abroade the selfe same booke againe y t you did before to the selfe same ende altering or chaunging nothing at al sauing that you haue geuen it a newe name Title séeme as in this place as though yée spake to me by these woords vvhen your L. c. When as in very deede there was neuer any such woorde spoken or writen to me and in the booke you deliuered to me your speache is directed to the commissioners and not to me in these woordes VVhen ye the Queenes highnes cōmissioners shalbe able c. M. Fekenham First is that I must by a booke Othe vtterly testifie that the Queenes highnes is the onely supreme gouernour of this realme and that asvvell in al Spirituall or Ecclesiasticall things or causes as Temporall But to testifie any thinge vppon a booke Othe no man may possibly therein auoide periury except he doo first knovv the thinge vvhiche he doth testifie and vvherof he beareth vvitnes and geueth testimony And touchyng this knovvledge that the Queenes maiestie is the onely supreme gouernour asvvell in Spirituall or Ecclesiasticall causes as in Temporall besides that I haue no suche knovvledge I knovve no vvay nor meane vvhereby I shoulde haue any knovvledge thereof And therfore of my parte to testifie the same vppon a booke Othe beinge vvithout as I am in deede all knovvledge I cannot vvithout committinge of plaine and manifest periury And herein I shal ioyne this issue vvith your L. that vvhen your L. shalbe able either by suche order of gouernement as our Sauiour Christe lefte behinde him in his Gospell and nevve Testament either by the vvritinge of suche learned Doctours both Olde and Nevve vvhiche haue from age to age vvitnessed the order of Ecclesiasticall gouernment in Christes Church either by the generall Councelles vvherin the right order of Ecclesiasticall gouernment in Christes Church hath beene most faithfully declared and shevved frō time to time or elles by the continuall practice of the like Ecclesiasticall gouernment in some one Churche or parte of all Christendome VVhan your L. shalbe able by any of these fovver meanes to make proufe vnto me that any Emperour or Empresse Kinge or Queene may clayme or take vpon them any suche gouernment in Spirituall or Ecclesiasticall causes than I shall herein yelde and vvith most humble thankes reken my selfe vvell satisfied and shall take vpon me the knovvledge thereof and be ready to testifie the same vppon a booke Othe The B. of Wynchester The reason or argument y t mooueth you not to testifie vpon a booke Othe the Q. Supremacy in causes Ecclesiasticall is this No man may testifie by Othe that thing whereof he is ignorant and knoweth nothinge without committinge periury But you neither knowe that the Q. highnes is the onely supreme gouernour aswel in causes Ecclesiasticall as Temporall neither yet know you any way or meane wherby to haue any knowledge therof Therfore to testisie the same vpon a booke Othe you cannot without committing of plaine and manifest periury For answeare to the Minor or seconde Proposition of this argument Although I might plainly denie that you are without all knowledge and vtterly ignoraunt bothe of the matter and of the way or meane howe to come by knowledge therof and so put you to your proufe wherein I know you must néedes faile yet will I not so answears by plaine negatiue but by distinction or diuision of ignorance And so for your better excuse declare in what sorte you are ignoraunt and without all knowledge There are thrée kindes of ignorantes the one of simplicitie the other of wilfulnes and the thirde of malice Of the first sort you cannot be for you haue had longe time good oportunitie muche occasion and many waies wherby to come to the knowledge hereof Yea you haue knowen profest opēly by déede and woorde the knowledge hereof many yéeres together For you did know acknowledge and confesse this supreme authority in causes Ecclesiasticall to be in Kinge Henry the eight and his heyres whan your Abbay of Euesham by common consent of you and the other Monkes there vnder your couēt seale was of your own good willes without compulsiō surrendred in to his handes and you by his authoritie refourmed forsooke your foolishe vowe many horrible errours and superstitions of Monkery and became a secular Priest and Chaplaine to D. Bell and afterwarde to D. Boner so duringe the life of King Henry the eight did agnise professe and teache openly in your sermons the kinges Supremacie in causes Ecclesiasticall This knowledge remained stedfastly in you all the time of king Edwarde also For
was Goddes Religion Seruice whiche had been decayed and neglected longe before in the tyme of king Saul For the better perfourmaunce whereof as the supreame gouernour ouer all the estates bothe of the Laytie and of the Clergie in all maner of causes after consultation had with his chief Counsailours he calleth the Priestes and Leuites and commaūdeth appointeth and directeth them in al maner of things causes apperteining to their ecclesiasticall functions offices He prepareth a seemely place for the Arke in his own Citie He goeth with great solēpnitie to fetche the Arke of the lord He commaundeth Sadoc Abiathar the priestes and the chief among the Leuites to sanctifie them selues with their brethren than to cary the Arke vpon their shoulders vnto the place appointed He comptrolleth them that the Arke was not caried before on their shoulders according to the Lawe and therfore layeth to their charge the breach that was made by the death of Vsa He commaundeth also the chief of the Leuites to appointe among their brethren Musicians to playe on dyuers kyndes of instrumentes and to make melodie with ioyfulnes He sacrificeth burnt and peace offringes He blessed the people in the name of the Lorde He appointeth certeine of the Leuites to minister cōtinually before the Arke of the Lord to reherse his great benefites to the honour prayse of the lord God of Israel And for that present tyme he made a Psalme of Gods prayse and appointed Asaph his brethren to prayse God therwith He ordeyned the Priestes Leuites singers and Porters and in som he appointed ordered all th officers offices required to be in the house of the Lord for the setting forth of his seruice Religion Salomon deposed Abiathar the highe Priest and placed Sadoc in his rowme And he builded the Temple placed the Arke in the place appointed for the same Hallowed or dedicated the Temple offred sacrifices blessed the people directed the Priestes Leuites and other churche officers in their functions according to the order before taken by his father Dauid And neither the Priestes nor Leuites ▪ swerued in any thing perteining to their office from that that the king commaunded them Iosephat hath no small commendation in the Scriptures for that he so studiously vsed his princely authoritie in the reformation of Religion and maters apperteining therunto He remoued at the first beginning of his reigne all maner of false Religion and what so euer might be cause of offence to the faithfull He sent forth through his kyngdome Visitours both of his Princes and also of the Priestes Leuites with the booke of the Lawe of the Lorde to the ende they should instruct teache the people refourme all maner abuses in ecclesiastical causes according to that booke After a whyle he made a progresse in his own persone throughout al his countrey and by his preachers reduced and brought againe his people from supersticion false Religion vnto the Lorde the God of their fathers He appointed in euery towne throughout his kingdome as it were Iustices of the peace suche as feared the Lord and abhorred false Religion to decide controuersies in ciuill causes and in like sort he appointed and ordeined the high Priestes with other Priestes Leuites and of the chief rulers among the Israelites to be at Hierusalem to decide and iudge cōtrouersies of great weight that shuld arise about matters of Religion and the Lawe He did commaunde and prescribe vnto the chief Priestes and Leuites what fo●●me and order they shoulde obserue in the ecclesiasticall causes and controuersies of Religion that were not so difficult and weightie And when any token of Goddes displeasure appeared either by warres orother calamitie he gaue order to his subiectes for cōmon praier and enioyned to them publiqu● faste with earnest preaching of repentaunce and sekinge after the wyll of the Lorde to obey and folowe the same Ezechias the kyng of Iuda hath this testimony of the holy Ghost that the like gouernour had not been neither should bee after hym amongest the kynges of Iuda For he cleaued vnto the Lorde and swerued not from the preceptes whiche the Lorde gaue by Moses And to expresse that the office rule and gouernement of a godly kyng consisteth and is occupied accordyng to Gods ordinaunce and precept first of all in matters of Religion and causes Ecclesiastical the holy ghost doth commende this kyng for his diligent care in refourming Religion He toke quite away saith the holy ghost al maner of Idolatry superstition and false Religion yea euen in the first yere of his reigne and the first moneth he opened the doores of Goddes house He calleth as it were to a Synode the Priestes and Leuites be maketh vnto them a long and pithy oration declaringe the horrible disorders and abuses that hath been in Religion the causes and what euils folowed to the whole Realme thervpon He declareth his full determination to restore and refourme Religion according to Gods will He commaundeth them therfore that they laiyng aside all errours ignoraunce and negligence do the partes of faithfull ministers The Priestes Leuites assembled togither did sanctifie them selues and did purge the house of the Lorde from al vncleanes of false Religion at the commaundement of the king concerning thinges of the Lorde That done they came vnto the kyng and made to hym an accompt and report what they had done The kyng assembleth the chiefe Rulers of the Citie goeth to the Temple he commaundeth the Priestes and Leuites to make oblation and sacrifice for whole Israel He appointeth the Leuites after their order in the house of the Lorde to their musicall instrumentes and of the Priestes to play on Shalmes according as Dauid had disposed the order by the counsell of the Prophetes He and the Princes commaundeth the Leuites to prayse the Lorde with that Psalme that Dauid made for the lyke purpose He appointed a very solempne keaping and ministring of the Passeouer whervnto he exhorteth all the Israelites and to tourne from their Idolatry and false Religion vnto the Lorde God of Israel He made solempne prayer for the people The kyng with comfortable wordes encouraged the Leuites that were zelous and had a ryght iudgement of the Lord to offre sacrifices of thankes geuing and to prayse the Lorde the God of their fathers and assigned the Priestes and Leuites to mynister and geue thankes accordyng to their offices in their courses and tournes And for the better continuance of Gods true Religion he caused a sufficient and liberall prouision to bee made from the people for the Priestes and Leuites that they myght wholly cheerfully and constantly serue the Lorde in their vocations These doynges of the kyng Ezechias touchynge matters of Religion and the reformation thereof sayth the holy ghost was his acceptable seruice of the Lorde dutifull both to God and his people Iosias had the like care for Religion
and vsed in the same sort his princely authoritie in refourming all abuses in all maner causes ecclesiastical These godly kynges claymed and toke vpon theim the supreme gouernement ouer the ecclesiasticall persons of al degrees and did rule gouerne and direct them in all their functions and in all maner causes belonging to Religion and receyued this witnes of their doinges to wyt that they did acceptable seruice and nothing but that whiche was ryght in Gods sight Therfore it foloweth well by good consequent that Kynges or Queenes may clayme and take vpon them suche gouernement in thynges or causes ecclesiasticall For that is ryght sayth the holy ghost they should than do wrong if they did it not You suppose that ye haue escaped the force of all these and such lyke godly kynges which do marueilously shake your holde and that they may not bee alledged against you neither any testimony out of the olde testament for that ye haue restreignes the proufe for your cōtentation to suche order of gouernement as Christ hath assigned in the Ghospell to be in the tyme of the newe Testament wherin you haue sought a subtyle shift For whyles ye seeke to cloke your errour vnder the shadowe of Christes Ghospel you bewray your secrete heresies turnyng your selfe naked to be seen of all men and your cause notwithstandyng left in the state it was before nothyng holpen by this your poore shift of restreynt So that where your friendes toke you before but only for a Papist now haue you shewed your selfe to them playnly herein to be a Donatist also When the Donatistes troubled the peace of Christes catholique Churche and deuided them selues frō the vnitie thereof as now you do The godly fathers trauailed to confute their heresies by the Scriptures both of the olde and newe Testament and also craued ayde and assistaunce of the Magistrates and Rulers to refourme them to reduce them to the vnitie of the Churche to represse their heresies with their authoritie godly lawes made for that purpose to whome it belonged of dutie and whose especial seruice to Christe is to see care and prouyde that their subiectes be gouerned defended mainteined in the true and sincere Religion of Christ without all errours superstitions and heresies as S. Augustine proueth at large in his epistle against Vincentius a Rogatiste in his epistle to Bonifacins and in his bookes against Petilian and Gaudentius letters Against this catholique doctrine your auncestours the Donatistes aryse vp and desende them selues with this colour or pretence that they be of the catholique fayth and that their churche is the catholique church Which shifte for their defence against Gods truthe the Popishe sectaries do vse in this our tyme being no more of the one or of the other than were the Donatistes and suche lyke of whom they learned to couer their horrible heresies vnder the same fayre cloke that the seculer Princes haue not to medle in matters of Religion or causes ecclesiasticall That God committed not the teaching of his people to kynges but to Prophetes Christe sent not souldiours but fishers to bring in and further his Religion that there is no example of such ordre founde in the Gospel or new Testamēt wherby it may appeare that to secular Princes it belongeth to haue care in matters of Religion And that as it semeth by that S. Augustine by preuention obiecteth against them they subtilly refused all proufes or examples auouched out of the olde Testament as ye craftely do also in bynding me onely to the new Testament which S. Augustine calleth an odious and wicked guyle of the Donatistes Let your friendes nowe whom ye wil seeme to please so muche when you beguyle them moste of all weigh with aduisement what was the erronious opinion thouching the authoritie of Princes in causes ecclesiasticall of the Donatistes as it is here rightly gathered forth of S. Augustine and let them consider wysely these foule shiftes they make for their defence And then compare your opinion and guylefull defences thereof to theirs and they must needds clappe you on the backe say to you Patrisas ▪ if there be any vpright iudgement in them demyng you so lyke your great grandsier Donatus as though he had spit you out of his owne mouth But for that S. Augustines iudgement and myne in this controuesie is alone as your opinion herein differeth nothyng at all from the Donatistes I wyll vse no other confirmation of my proufes alledged forth of the olde Testament for the reproufe of your guylful restraint thē Christes catholique Church vttered by that catholique Doctour S. Augustin against al the sectes of Donatistes whether they be Gaudentians Petilians Rogatistes Papistes or any other petit sectes sprong out of his loynes what name so euer they haue S. Augustine against Gaudentius his second epistle affirmeth saiyng I haue saith he already heretofore made it manifest that it apperteined to the kinges charge that the Niniuites should pacifie Goddes wrath whiche the Prophet had denounced vnto them The kinges whiche are of Christes Churche doo iudge moste rightly that it apperteineth vnto their cure that you Donatistes rebell not without punishement against the same c. God dooth inspire into kinges that they shoulde procure the commaundement of their Lorde to be perfourmed or kept in their kingdome For they to whom it is said and now ye kinges vnderstande be ye learned ye Iudges of the earth ferue the Lorde in feare doo perceiue that their authoritie ought so to serue the Lorde that suche as will not obey his will shuld be punished of that authoritie c. Yea saith y e same S. Aug. Let the kings of the earth serue Christ euē in making lawes for Christ meaning for the furtherance of Christes religiō How then doth kinges saith S. Aug. to Bonifacius against y e Donatistes serue the lord with reuerēce but in forbidding and punishing with a religious seueritie such thinges as are done against the Lordes cōmaundemētes For a king serueth one way in that he is a man an other way in respect that he is a king Bicause in respect that he is but ● man he serueth the Lorde in liuing faithfully but in that he is also a kinge he serueth in makinge Lawes of conuenient force to commaunde iust thinges and to forbidde the contrary c. In this therfore kinges serue the Lorde when they doo those thinges to serue him which they could not doo were they not kinges c. But after that this began to be fulfilled which is written and all the kinges of the earth shall worship him all the Nations shall serue him what man being in his right wittes may say to kinges Care not you in your kingdomes who defendeth or oppugneth the Churche of your Lorde Let it not apperteine or be any part of your care who is religious in your kingdome or a wicked deprauer of Religion This was the iudgement of S.
contrariwyse godlynes can not be had without peace and tranquilite of mynde and conscience This would be noted with good aduisement that S. Paule him selfe sheweth playnely prosperitie amongest Gods people and true Religion to be the benefites and fruites in generall that by Goddes ordinance springeth from the rule and gouernement of kynges and Magistrates vnto the weale of the people The whiche two although dyuers in them selues yet are so combyned and knyt together as it were incorporated in this one office of the Magistrate that the nouryshinge of the one is the feeding of y e other the decay of the one destroyeth or at the least deadly weakeneth them both So that one can not be in perfect good estate without the other The whiche knot and fastening together of Religion prosperitie in common weales the moste Christian and godly Emperours Theodosius and Valentinianus dyd wysely ses as appeareth in this that they wrote vnto Cyrill saiyng The suertie of our common weale dependeth vpon Goddes Religion and there is great kinred and societie betwixt these tweyne for they cleane together and the one groweth with the increase of the other in suche sorte that true Religion holpen with the indeuour of Iustice and the common weale holpen of them bothe flourisheth ●eing therefore that we are constituted of God to be the kinges and are the knitting together or ioynture of godlines and prosperitie in the subiectes we kepe the societie of these tweyne neuer to be sondred and so farre forth as by our forsight we procure peace vnto our subiectes we minister vnto the augmenting of the common weale but as we might say being seruauntes to our subiectes in all thinges that they may liue godly and be of a Religious conuersation as it becommeth godly ones we garnis he the common weale with honour hauing care as it is conuenient for them bothe for it can not be that diligently prouiding for the one we should not care in like sorte also for the other But we trauayle earnestly in this thing aboue the rest that the Ecclesiastical state may remaine sure bothe in suche sorte as is seemely for Goddes honour and fit for our tymes that it may continue in tranquilitie by common consent without variāce that it may be quiete through agreement in Ecclesiasticall matters that the godly Religion may be preserued vnreprouable and that the life of suche as are chosen into the Clergie and the great priesthood may be cleere from al fault Hitherto I haue proued playnely by the holy Scriptures and by some suche Doctours as from age to age haue wytnessed the order of Ecclesiasticall gouernement in the Churche of Christe yea by the confession testimony and example of some of the moste godly Emperours them selues that suche lyke gouernement in Churche causes as the Queenes maiestie taketh vpon her doth of dutie belonge vnto the cyuill Magistrates and Rulers and therfore they may yea they oughte to clayme and take vpon them the same Nowe remayneth that I proue this same by the continuall practise of the lyke gouernenement in some one parte of Christendome and by the generall counsayles wherein as ye affirme the right order of Ecclesiasticall gouernemēt in Christ his Church hath been moste faithfully declared and shewed from tyme to tyme. The gouernement that the Queenes maiestie taketh moste iustly vpon her in Ecclesiasticall causes is the guydyng caringe prouidyng orderyng dyrectynge and ayding the Ecclesiasticall state within her dominions to the furtheraunce mayntenaunce and settyng foorth of the true Religion vnitie quietnes of Christes Churche ouerseyng vysiting refourmyng restrayninge amendinge and correctyng all maner persones with al manner errours superstitions Heresies Schismes abuses offences contemptes and enormities in or about Christes Religion whatsoeuer This same authoritie rule and gouernement was practised in the catholique Churche by the most Christian kynges and Emperours approued confirmed commended by the best counsailes both generall and nationall Constantinus of whose carefull gouernement in Churche causes I haue spoken somewhat before tooke vpon him and did exercise the supreme rule ▪ aund gouernement in repressing all maner Idolatry and false Religion in reforming and promoting the true Religion and in restreining correcting al maner Errours Schismes Heresies and other enormities in or about Religion and was moued hereunto of dutie euen by Gods worde as he him selfe reporteth in a vehement prayer that he maketh vnto God saying I haue taken vpon mee and haue broughte to passe healthfull thinges meanyng reformation of Religion Being persuaded therunto by thy worde And publishing to all Churches after the councell at Nice what was there doone He professeth that in his iudgement the chiefest ende and purpose of his Imperiall gouernement oughte to be the preseruation of true Religion and godly quietnes in all Churches I haue iudged saieth this godly Emperour this ought before all other thinges to be the ende or purpose whereunto I should addresse my power and authoritie in gouernemēt that the vnitie of faithe pure loue and agreemēt of Religion towards the almighty God myght be kepte and mainteined amongest all Congregations of the catholique Churche He did not only abolishe al superstitions and false Religions whiche had been amongest the gentiles but also he repressed by his authoritie Lawes Decrees all such Heresies as sprong vp amongest the Christians sharpely reprouing and correcting the authours or mainteinours of hereticall doctrines as the Nouatians Valentinians Paulianes and Cataphrygiās as Eusebius saith of him And Theodoret us dooth recite a part of an Epistle that Constantine wrote vnto the Nicomedians wherein the Emperour hath this saiyng If we haue chast Byshops of right opiniō of curteous behauiour we reioyce But if any be enflamed rashly and vnaduisedly to continue the memory and commendation of those pestilent Heresies his foolebardy presumtion shal forthwith be corrected and kept vnder by my correctiō which am gods minister Cōstantinus also gaue Iniuctions to the chiefe mynisters of the churches that they should make speciall supplication to God for him He enioyned all his subiectes that they should keepe holy certaine daies dedicated to Christ and the Saturday He gaue a Lawe vnto the Rulers of the nations that they should celebrate the Sonday in like sort after the appointment of the Emperour And so the daies dedicated to the memory of martyrs and other festiual times c. And al suche thinges sayth Eusebius were done according to the ordinance of the Emperour He cōmaunded Eusebius the bishop to draw certein Instructions lessons as it wer Homelies forth of the holy scriptures y t they might be red in y e churches Which was done incōtinēt according to Thēperours cōmaūdement When the Emperour herde of the great schisme mooued betwixt Arius and Alexander the Bishop of Alexandria wherwith the Churche was piteously tormented and as it were rente in sondre he tooke vpon him as one that had the care and authoritie ouer all to sende
Hosius a great learned and godly Bishop of Spaine to take order and to appeace the contention writinge to Alexander and to Arius a graue also a sharpe letter chardging Alexander with vanitie Arius with want of circumspection shewing them both that it was vnséemely for the one to moue suche a question and for the other to answeare therein vndiscreetly doone of them both And therfore commaundeth them to cease of from suche contentious disputatiōs to agree betwixt them selues to lay aside from thencefoorth such vaine and trifeling questions He pacified also the Schisme at Antioche begonne about the choosinge of their Bishop to whome for that purpose he sente honorable Embassadours with his letters to a great number of Bishoppes that than were at Antioche about that busines and to the people exhortinge them to quietnes and teachinge them saith Eusebius to studie after godlines in a decent manner declaringe vnto the Bishoppes as one that had authoritie ouer thē euen in suche matters what thinges apperteined and were séemely for them to doo in suche cases and noteth vnto them a direction which they should followe And after he had saith Eusebius geuen suche thinges in cōmaundement vnto the Bisshoppes or chiefe mynisters of the Churches he exhorted them that they woulde doo all thinges to the prayse and furtheraunce of Goddes Woorde This supreme authoritie of the Emperour in Church causes is moste liuely expressed by S. Augustine Eusebius where they make mencion of the horrible Schisme stirred by the Donatistes against Cecilianus Bishop of Carthage whose election and orderinge to be Bishoppe of Carthage Donatus and others of his companions misliked and therefore made a Schisme in that Churche The question in controuersie was whether Cecilianus beyng ordered Bishop hauinge the imposicion of handes by Felix were Lawfully consecrated and ordred or not This controuersie made a lamentable trouble amongest the Churches in Aphrike At the length the Donatistes accused Cecilian vnto the Emperour desired the Emperour to appointe some Delegates to iudge of this controuersie And for that all the Churches in Aphrique were banded either to the one party or the other and for that Fraunce was frée from this contention they require iudges to be appointed by his authoritie from amongest the Frenche Bishoppes The Emperour muche grieued y e the Church was thus torne in sundre with this schisme doth appoint Melciades Bishop of Rome and Marcus to be his delegates commissaries in this controuersie with certaine other Bishoppes of Fraunce Melciades colleages or fellowe Bishoppes whom the Emperour had cōmaunded to be there with them for that purpose These commissioners with certaine other Bishoppes accordinge to the Emperours commaūdement met at Rome and after due examinacion had doe condemne the Donatistes and pronounce Cecilianus cause to be good From this sentence of the Bishop of Rome and other Bishoppes his colleages being the Emperours delegates the Donatistes appeale vnto the Emperour not onely accusinge Cecilianus but also Melciades the Bishop of Rome and the other Commissaries Wherfore the Emperour causeth a Synode to be had at Arclatum committinge the cause to the Bishop thereof and other Bishoppes assembled there by his commaundement to be herde and discussed Whereunto he calleth Crestus the Bishoppe of Syracufe a Citie in Sicily by his letters Wherein he declareth in plaine termes that it belongeth to his imperiall cure to sée these controuersies in Church causes to be determined and ended Donatus his companions beinge condemned also by these Bishoppes in the Synode at Arclatum and Cecilianus cléered doo againe appeale vnto the Emperour from their sentence besechinge him to take the hearinge discussinge of the controuersie Who called both the parties together before him selfe at Millayne and after he had herde the whole matter what was to be saide on both sides he gaūe finall sentence with Cecilianus cōdemning y e Donatistes Who after all these thinges thus done as S. Augustine faithe made a very sharpe Lawe against the Donatistes the whiche also his Sonnes after him commaunded to be obserued Athanasius also that moste godly Bishop being ouer muche wronged in the Councell at Tyre did ●lie and àppeale from the iudgement of that Synode vnto Constantine the Emperour declaringe vnto him his griefes beséechinge him to take the hearinge of the matter before him selfe whiche the Emperour assented vnto writinge vnto the Synode assembled at Tyre commaunding them without delaie to come vnto his Courte and there to declare before me saithe this moste Christian Emperour whome yee shall not denie to be Goddes syncere mynister howe sincerely and rightly yee haue iudged in your Synode When this Synode was assembled at Tyre the Catholique Bishoppes of Egipt wrote vnto the honorable Flauius Dionysius whome the Emperour had made his Lieutenaunt to sée al things well ordered in that Councell and did desire him that he would reserue the examinacion and iudgemēt to the Emperour him selfe yea they doo adiure him that he doo not medle with their matter but referre the iudgement therof to the Emperour who they ●●ne we well woulde iudge rightly accordinge to the right order of the Churche There were no Churche mattiers or Ecclesiasticall causes wherein the continuall practise of the Churche of Christe in this Emperours time yea and many hundreth yéeres after did not attribute the supreme rule order and authoritie vnto Emperours and Kinges vppon whome all Churche mattiers did depende as witnesseth Socrates who sheweth this reason of that he doth thoroughout his Eccesiasticall History mention so much the Emperours Bicause that of the Emperours saith he after they beganne to be Christians the Churche matters doo depende yea the greatest Councelles haue beene and are called together accordinge to their appointment Eusebius commendeth the great bountifulnes of Constantine towardes al estates But saithe he this Emperour had a singuler care ouer Coddes Churche for as one appointed of God to be a common or vniuersall Bysshop he called Synodes or conuocations of Goddes mynisters together into one place that thereby he might appeace the contentious striainges that were amonge them in sundry places He disdayned not to be present with them in their Synodes and to sit in the middest of them as it had beene a meaner personnage commendinge and approuinge those that bente themselues of good meaninge to godly vnitie and shewed him selfe to mistike on the other side and to set naught by suche as were of contrary disposition The Ecclesiasticall histories make mention of many Synodes or councelles called or assembled at the appointment and order of this Emperour But the most famous and notable was the Nicene councell about the whiche consider and marke what was the occasion by whose authoritie it was summoned and called together and what was the dooynges of the Emperour from the beginninge vnto the dissolueion thereof and yée shall sée plainely as in a Glasse that by the order and practise of the
Catholique Churche notified in the order of this general Councell the supreme gouernment in Ecclesiasticall causes is in the Emperour and ciuill Magistrates your opinion condemned by the vniforme agreement of 318. of the most Catholique Bishoppes in the worlde commendinge and allowynge for moste godly what so euer the Emperour did in or about this councell The occasion of this famous and moste godly councell was the great dissention kindled partly about a necessary Article of our beliefe partly about a ceremony of the Churche Arius incensed with ambitious enuie againste Alexander his Bishop at Alexandria who disputed in one of his lessons or treatises more subtily of the diuinitie than aduisedly as the Emperour layeth to his chardge quarelled Sophistically against him and mainteined an horrible Heresie Besides this the Churches were also deuided amongest them selues aboute the order or ceremony of kéepinge the Easter daie The Emperour sente Hosius with his letters as I saide before into the Easte parties to appeace the furious dissention about bothe these matters and to reconcile the parties dissentynge But when this duetifull seruice of the Emperour tooke not that effect whiche he wisshed and hoped for then as Sozomenus writeth he summoned a councell to be holden at Nice in Bythinia and wrote to all the chiefe Mynisters of the Churches euery where commaundinge them that they shoulde not fayle to bée there at the day appoynted The selfe same also dothe Theodoretus affirme bothe touchynge the occasion and also the summons made by the Emperour Eusebius also writinge the life of Constantine sheweth with what carefulnes the godly Emperour endeuoured to quenche these fiers And when the Emperour saieth Eusebius sawe that he preuailed nothing by sending of Hosius with his letters Considering this matter with him selfe saide that this warre against the obscure enemy troubling the Churche must be vanquished by an other meaning hym selfe Therefore as the capitaines of Goddes armie towardes his voyage he gathered together a Synode oecumenical and he called the Byshoppes together by his honorable letters and that they should hasten themselues from euery place These thinges touching the occasion and calling of this generall counsaile by the Emperour are affirmed to be true also by Nicephorus the Ecclesiasticall historian Yea the whole counsayll in their letters to the Churches in Aegipt and the East partes doo testifie the same Synode to be called by the Emperour saiyng The great and holy Synode was gathered together at Nice by the grace of God and the moste religious Emperour Constantine c. The Bishoppes as I said before when they thought them selues or their Churche iniuried by others were wont to appeale and flie vnto the Emperour as the supreme gouernour in al matters and causes Temporall or Spirituall the whiche appeareth moste playne to be the practise of the Church by these Bishops called vnto the Nicene counsaill For when they came to Nice supposing them selues to haue nowe good oportunitie beyng nighe vnto the Emperour to reuenge their priuate quarelles and to haue redresse at the Emperours handes of suche iniuries as they thought them selues to susteyne at others byshops handes eche of them gaue vnto the Emperour a Libell of accūsatiōs signifiyng what wronges he had susteyned of his felowe Bishoppes and prayed ayde and redresse by his iudgement The Emperour forseyng that these pryuate quarelings if they were not by some policy and wyse deuise sequestred and layde aside would muche hynder the common cause tooke deliberation appointing a day against the which they shuld be in a readines and commaunded them to prepare and bring vnto him all their libelles and quarelling accusations one against an other Marke by the waie the craft and practise of Sathan to stay and ouerthrow good purposes that euen the godly fathers and Bishoppes wanted not their great infirmities preferring their own priuate trifles before the weighty causes of Gods Churche And the wisdome zeale and humblenes of this moste christiā Emperour who so litle estemed his own honour and authoritie that he wold rather seeme to be inferiour or for the time no more than equall with his subiectes to the ende he might by his humbling of him selfe aduance and exalt Gods glory to the edifiyng and quietnes of his Churche The day came whiche was the day before the first Session should be in the councell as Socrates saith the Bishoppes did not sleape their owne matters but had their billes in a readines and deliuered them vnto the Emperour This vigilant noursefather vnto Gods Churche had cared and deuised so diligently for the common cause as the Bishoppes had doon for their priuate quarelles and therefore when he had receiued their Libelles very politiquely saieth bicause he woulde irritate none of them for that tyme That the daie of generall iudgement should be a fitte time for these accusations and Christe the Iudge then woulde iudge all men As for me it is not leafull to take vpon me the iudgement of suche Priestes accused and accusing one an other Whereunto neuertheles he added this priuy nippe to pynche them withall For of all other thinges saith he this is least seemely that Bishoppes shoulde shewe them selues suche as ought to be iudged of others And so caused the Libelles to be cast into the fire giuing them an earnest exhortation to peace and quietnes The next daye after after they assembled at the Emperours palayce he commaunded them to go into the councell house to consult of the matter the councell house was within Themperours pallayce trimly furnished with seates aptly ordred for suche purpose as it were in rowes They entred in and wayted without any doinges till the comming of the Emperour whose seate was of gold placed at the first beginning of the rowes who being entred and placed in his feate maketh an oration vnto them declaring the contētions sprong vp amongest them selues to be the occasion wherfore he called them togither and the ende is saith he that this disease might be healed through my ministery After this he maketh an earnest exhortatiō mouing them to quietnes forgiuing one an other for Christ commaundeth saieth he that who will receiue pardon at his hande shall also forgiue his brethren After this moste graue exhortation to vnitie and concorde in truthe he giueth them leaue to consult of the matters in hande prescribeth vnto them a rule whereby they muste measure trie and discusse these and all other suche disputations and controuersies in matters of Religion to witte Sanctissimi spiritus doctrinam praescriptam The doctrine of the moste holy spirite before writen For saieth he the bookes of the Euangelistes and of the Apostles and also the prophecies of the olde Prophetes doo euidently teache vs of Goddes meaning VVherefore laiyng a syde al discorde of enemitie let vs take the explications of our questions out of the saiyngs of the holy Ghost When the parties waxed warme in the disputations and the contention somwhat sharp then
the Emperour as a wyse moderatour and Ruler would discourage none but myldely caulmed such as he saw ouer hasty with wilde wordes cooling their heate and commended such as reasoned deepely with grauitie When they had agreed of the chiefe pointes wherefore they were assembled the Emperour him self calleth forth Acesius a Byshop at Constantinople of the Nouatians Religion and examineth him openly touchyng these articles wherunto the whole counsaile had agreed and subscribed He wryteth his lettres to the Churche at Alexandria where the controuersy touchynge the diuinitie of Christ began declaring that he him selfe together with the Byshops in the counsayl had taken vpō him the searchinge foorth of the truthe and therefore assureth them that all thinges were diligently examined to auoyde all ambiguitie and doubtfulnes wherefore he exhorteth and willeth them al that no man make any doubt or delases but y e cherefully they retourne againe into the moste true waye He writeth an other to al Byshops people where so euer wherein he commaundeth that no wryting of Arius or monument conteining Arius doctrine be kepte openly or secretly but be burnt vnder payn of death After that all the matters were concluded and signed with their handes subscription the Emperour dissolueth the counsaile and licenseth euery one of them to retourne home to his own Byshoprike with this exhortation that they continue in vnitie of fayth that they preserue peace and concorde amongest them selues that from thence forth they abyde no more in contentions and last of al after he had made a long oration vnto them touchynge these matters he commaundeth them that they make prayer continually for hym his children and the whole Empyre Arius counterfeyting a false and feyned confession of beliefe like an hypocrite pretending to the Emperour that it was agreable vnto the faithe of the Nicen counsayl humbly beseching the Emperour That he would vnitie and restore him to the mother Churche and therefore hauinge friendes in the Emperours Courte as suche shall neuer want fautours about the best Princes was brought into his presence whom the Emperour him selfe examined diligently and perceyuing no disagrement as he thought from the agreement made in Nicene councell absolued restored him againe whereunto Athanasius who knew Arius throughly would not agrée and being accused therfore vnto the Emperour was charged by lettres from hym that he should receiue Arius with these threates that if he would not he would depose him from his Byshoprike and commy● him to an other place The Arians heaped vp many and horrible accusations and slaunders vpon Athanasius whereupon the Emperour dooth sommon a counsaill at Tyre and sendeth cōmaundement by his letters to Athanasius that without al excuse he shuld appeare there for otherwyse he should be brought whether he would or no. He writeth to the coūcell his letters wherein he declareth the causes why he called that councell He shewed what he would haue and they ought to doo and prescribeth vnto them the fourme and rule wherby they shall iudge and determine in that Synode Athanasius appeared appealed fled to the Emperour and declared the iniuries offered against him in that councell The Emperour tooke vpon him the hearing of the cause sent his letters to the whole Synode commaūding them without all excuse or delay to appeare before hym in his palayce and there to shewe how vprightly and sincerely they had iudged in their Synode as I haue shewed before Wherein obserue diligently that the Emperour taketh vpon him and no fault found therewith to examine and iudge of the doinges of the whole councell Thus farre of Constantine and his doynges in the execution of his ministerie and especially in perfourming that part whiche he calleth the best part that is his gouernement and rule in Ecclesiasticall matters wherein it is manifest that by the practise of the catholique Churche for his time approued commended by al the catholique priestes and Bishoppes in the Nicen counsaile the supreme gouernement authoritie and rule in all maner causes both Ecclesiastical and Temporall were claimed and exercised by the Emperour as to whom of right suche like power and authoritie belonged and apperteined Constantines sonnes claymed and tooke vpon them the same authoritie that their father had doon before thē and as Zozomen reporteth of them did not only vpholde mainteine the ordinances made by their father Constātine in Churche matters but did also make newe of their owne as occasiō serued the necessitie of y e time required Constantinus after the death of his father restored Athanasius whom his father had deposed to his Bishoprike againe writing honourable and louing letters to the churche of Alexandria for his restitution Constantius deposed Liberius the Bishop of Rome for that he would not consent to the condemnation of Athanasius in whose place Foelix was chosen whome also the Emperour deposed for the like cause restored againe Liberius vnto his Bishoprike who beinge moued with Themperous kindnes as some write or rather ouercome with ambition became an Arian This Emperour deposed diuerse Bishops appointing others in their places He called a Synode at Millayn as Socrates witnesseth saiyng The Emperour commaunded by his edict that there should be a Synode holden at Millayn There came to this coūsaile aboue 300. Bishopppes out of the West countreis After this he mynded to cal a general councel of al the East West Bishops to one place whiche coulde not conueniently be brought to passe by reason of the great distaunce of y e places therefore he commaunded the councell to be kept in two places at Ariminum in Italy at Nicomedia in Bythinia Valentinianus the Emperour after the death of Auxentius an Arian byshop of Millayn calleth a Synode of bishops at Millayn to consult about the ordering of a new bishop He prescribeth vnto them in a graue oration in what maner a man qualified ought to be who shuld take vpō him the office of a bishop They passe to the electiō the people were diuided til at the last they al crye with one consent to haue Ambrose whom although he did refuse the Emperour commaunded to be baptized to be consecrate byshop He called an other Synode in Illirico to appeace the dissentiōs in Asia Phrygia about certein necessary articles of the christian faith and did not onely confirme the true faith by his royal assent but made also many godly and sharpe Lawes as well for the maintenance of the truthe in doctrine as also touching many other causes or matters Ecclesiastical Theodosius was nothing inferiour to Cōstantine the great neither in zeale care or furtherāce of Christes Religion He bent his whole power and authoritie to the vtter ouerthrowe of superstition false Religion some what crept in againe in the times of Iulianus Valens the wicked Emperours And for the sure continuance of Religion refourmed he made many godly Lawes he defended the godly
to answeare vnto his heresies who woulde not appeare but fledde vnto the Emperour Theodosius and declareth vnto him his griefe The Emperour sendeth vnto the Synode with Eutyches one of his chiefe officers Florentius with this mandate Bicause wee studie carefully for the peace of Goddes Churche and for the Catholique Faithe and will by Goddes grace haue the righte Faithe kepte whiche was sette foorth by the Nicene Councell and confirmed by the Fathers at Ephesus when Nestorius was condemned wee will therefore the●e bee no offence committed aboute the aforenamed Catholique Faithe and bicause wee knowe the honourable Florentius to be a faithfull and an approoued man in the righte faithe wee will that he shalbe present in your Synode bicause the conference is of the Faithe He was there asistaunt vnto the Fathers and examined Eutyches openly in the Synode diuerse times of his faithe and finally saide vnto him He that saithe Florentius doth not confesse in Christe twoo natures doth not beleeue aright and so was Eutyches excommunicate deposed and condemned Eutyches rested not here but obteined that the Emperour did commaunde a newe Synode to be had at Constantinople wherein to examine the actes of the former whether that all thinges touching the procéeding against Eutyches were done orderly and rightly or no. He appointeth besides Florentius diuerse other of his nobles to be in this councell to sée the dooinges thereof But when Eutyches coulde not winne his purpose in neither of these Synodes he procureth by friendship of the Emperesse Eudoxia and others that the Emperour shoulde call a Synode againe at Ephesus to the whiche Synode the Emperour prescribeth a fourme of procéedinge This Synode was a wicked conuenticle wherein the trueth was defaced and Heresie approoued the Emperour beinge seduced by Chrysaphius one of the priuie chamber and in moste fauour with him Leo the first Bishop of Rome a learned and a godly Bishop although not without all faultes maketh humble supplication vnto Theodosius the Emperour and vnto Pulcheria that there might be a generall councell called in Italy to abolishe the wicked errour in Faith confirmed by the violence of Dioscorus The selfe same Bishoppe of Rome with many Bishoppes kneelinge on their knees did moste humbly beseeche in like sorte Valent inianus the Emperour that he woulde vouchesaulfe to entreate and exhorte Theodosius the Emperour to call an other Synode to reuoke those euill actes and iudgementes whiche Dioscorus had caused to be done in the condemnation of Flauianus Bishop of Constantinople and others In whiche examples it is manifest that the Bishops of Rome did acknowledge the supreme gouernment direction and authoritie in callinge of councelles whiche is one of the greatest amongest the Ecclesiasticall causes or matters to be in the Emperours and Princes and not in them selues Marcianus a godly Emperour and very studious about the Christian Religion succeded Theodosius who besides that of him selfe he was muche carefull to suppresse al heresies and to refourme the Churches restoring Religion to puritie without errour was also hastened hereunto by the earnest sute of Leo Byshop of Rome who in diuerse and sondrie epistles declaring vnto him in moste humble wise the miserable state of the Churche dooth beseche him that he would vouchsaulfe to call a general councell Many other Byshops make the same suite vnto the Emperour and to the same ende complaining vnto him of the miserable destruction and horrible disorders in church causes An example and paterne of their supplications wherby may appeare that they acknowledged the Emperour to be their Supreme gouernour also in Ecclesiasticall causes or matters is sette foorth in the Chalcedon councell in the supplication of Eusebius the Bishop of Dorelaum vnto the Emperour who maketh humble supplicatiō as he saith for him selfe and for the true or right faith VVe flie vnto your godlines saith this Bishop vnto the Emperour bicause both we and the Christian faith haue suffered muche wronge against all reason humbly crauing iustice and for that Dioscorus hath doon many and that no small offences both against the faith of Christe and vs prostrate we beseche your clemency that you will commaunde him to aunswere to the matters we shall obiecte against him wherin we will proue him to be out of the catholique faith defending heresies replete with impietie VVherefore we beseche you to directe youre holy and honourable commaundement to the holy and vniuersall councell of the moste religious Bishoppes to examen the cause betwixt vs and Dioscorus and to make relation of all thinges that are doon to be iudged as shall seeme good to your clemency The Emperour protesting that they oughte to preserue the furtheraunce of the right faythe and Christian Religion before all other affaires of the common wealth sendeth their letters of summons to all Bishoppes commaundinge them to repaire to Nice a citie in Bithynia there to consulte and conclude an vnitie and concorde in Religion matters perteining thereunto that hereafter all altercation doubtfulnesse be taken cleane away an holesome trueth in Religion established addinge threates punishment to them that would refuse to come at the time appointed Whan thassembly was made at Nice of all the Bishops and that the Emperours could not come thither to be present in the Synode personally whiche they had promised and did much coueite they write vnto the whole Synode willing them to remoue from Nice vnto Chalcedon with out delay where they assembled at the Emperours commaundement to the number of 630. Bishoppes The Emperour assigneth Iudges and rulers in the Sinode about 24. of the chiefest of his Nobles and Senatours After all the Bishoppes and the Iudges were assembled in the councel house which was in S. Euphemies church the Emperour Martianus with Pulcheria entreth in amongst them maketh an Oration vnto the whole Councell to this effecte First he declareth what zeale care he hath for the maintenance and furtherance of true Religion Then he sheweth that partely the vanitie partely the auarice of the teachers had caused the discorde and errour in Religion He addeth the cause wherefore he chardged them with this trauaile And last of al he prescribeth a fourme after which they must determine the matters in controuersie This done the Iudges sat downe in their places the Bishoppes arowe some on the right hande others on the left hande And whan that Dioscorus was accused the Iudges willed him to vse his lawful defence there began to be amongst the Bishops whote schooles wanting some modestie wherfore the Iudges at the first staied them with milde wordes VVilling them to auoide confusion but being earnest they ouershot the modestie of so graue men wherfore the honourable Iudges and Senate of the Laity appointed by the Emperour did reproue thē saiyng These popular acclamations neither becommeth Bishoppes neither yet helpe the parties be ye quiet therfore and suffer al things to be rehersed and heard in order with quietnes VVhen
shewe muche that the Princes had no small entermedlinge and authority in Synodes Church matters This Synode was summoned to be kepte in Rome by the commaundement of the moste honorable Kinge Theodoriche He declareth that many and gréeuous complaintes were brought vnto him againste Symachus Bishoppe of Rome Symachus commeth into the Synode to answeare for him selfe geueth thankes to the Kinge for callinge the Synode requireth that he may be restored to suche thinges as he had loste by the suggestion of his enemies and to his former state and then to come to the cause and to answeare the accusers The more parte in the Synode thought this his demaunde reasonable Decernere tamen aliquid Synodus sine regia notitia non praesumpsit Yeat the Synode praesumed not to decre● any thinge without the Kinges knowledge Neyther came it to passe as they wished for the Kinge commaunded Symachus the Bishoppe of Rome to answeare his aduersaries before he shoulde resume any thinge And so the kinge committed the whole debatinge and iudginge of the matter to the Synode whiche concludeth the sentence with these woordes VVherefore accordinge to the Kinges will or commaundement who hath committed this cause to vs wee refourme or restore vnto him to Symachus what right so euer he ought to haue within the Citie of Rome or without As it is and shalbe most manifestly prooued and testified by the oecumenicall or general councelles wherin the order of the ecclesiastical gouernment in Christs Church hath béene most faithfully declared and shewed from time to time as you your selfe affirme that suche like gouernement as the Quéenes Maiestie doth claime and take vppon her in Ecclesiasticall causes was practised continually by the Emperours and approued praysed and highly commended by thousandes of the beste Bishoppes most godly Fathers that hath béene in Christes Church from time to time euen so shall I prooue by your owne booke of generall councelles mangled maymed and set foorth by papishe Donatistes them selues and other suche like Churche writers that this kinde and suche like gouernment as the Quéenes Maiestie doth vse in Churche causes was by continuall practise not in some one onely Churche or parte of Christendome whereof you craue proufe as though not possible to be shewed but in the notablest Kingdomes of al Christendome as Fraunce and Spaine put in vre whereby your wilfull and malicious ignorance shalbe made so plaine that it shalbe palpable to them whose eyes you haue so bleared that they cannot sée the trueth Clodoueus about this time the firste Christian kinge of Fraunce baptized by Remigius and taught the Christian faith perceyuinge that thorough the troublesome times of warres the Churche discipline had béene neglected and muche corruption crepte in doth for reformacion hereof call a nationall councell or Synode at Aurelia and commaundeth the Bishoppes to assemble there together to consult of suche necessary matters as were fitte and as he deliuered vnto them to consulte of The Bishoppes doo accordinge as the Kinge cōmaundeth they assemble they commende the kinges zeale and great care for the catholique faith and Religion they conclude accordinge to the Kinges minde and doth referre their decrées to the iudgement of the Kinge whome they confesse to haue the superioritie to be approoued by his assent Clodoueus also called a Synode named Concilium Cabiloneū and commaunded the Bishoppes to consider if any thing were amisse in the discipline of the Churche and to consulte for the reformation therof and this saith the Bishoppes he did of zeale to Religion and true faith Other fower Synodes were summoned afterwarde in the same Citie at sondry times by the commaundemēt of the king named Childebert moued of the loue care he had for the holy fayth and furtheraunce of Christian Religion to the same effect and purpose that the first was sommoned for This kyng Childebert caused a Synode of Bishoppes to assemble at Parys and commaunded them to take order for the reformation of that Churche and also to declare whom they thought to be a prouident Pastor to take the care ouer the Lordes flocke the Bishop Saphoracus beinge deposed for his iust demerites Theodobertus king of Fraunce calleth a Synode at Aruerna in Fraunce for the restoring and establyshing the Churche discipline Gunthranus the king calleth a Synode named Matisconens 2. to refourme the Eclesiasticall discipline and to confirme certeine orders and ceremonies in the Churche whiche he declareth plainely in the Edict that he setteth foorth for that purpose Wherein he declareth his vigilant and studious carefulnes to haue his people trained brought vp vnder the feare of God in true Religion and godly discipline for otherwise saith this Christian king I to whom God hath committed this charge shall not escape his vengeaunce He sheweth the Bishops that their office is to teach comfort exhort to reproue rebuke and correct by preaching the worde of God He commaūdeth the elders of the Churche and also others of authoritie in the common weale to iudge and punishe that thei asiste the Bishoppes and sharpely punishe by bodely punishement such as will not amende by the rebuke and correction of the worde and churche discipline And concludeth that he hath caused the Decrees in the councell touching discipline and certeine ceremonies to be defined the whiche be doth publishe and confirme by the authoritie of this edict After the death of Anastasius the Emperour Iustinus reigned alone a right catholique Prince who immediatly sent messengers vnto the Bishop of Rome who should both confirme the authoritie of the sea and also shoulde prouide peace for all Churches so muche as might be with whiche doinges of the Emperour Hormisda the Bishop of Rome being moued sent vnto the Emperour with consent of Theodoriche Legates Martinus P●●nitentiar●us telleth the cause of this legacy was to entreate the Emperour to restore those Bishoppes which the wicked Anastasius had deposed This godly Emperour Iustinus saieth Martyn did make a Lawe that the Churches of the Heretiques shuld be consecrated to the catholique Religion but this Decree was made in Iohn the next Popes daies The whiche edict when the kyng Theoderiche being an Arian saieth the same Martyn and kinge of Italy herde he sent Pope Iohn saith Sabellicus with others in embassage vnto the Emperour to purchase libertie for the Arians Iustinus receyued these Embassadours honourably saith Platina and the Emperour at the lengthe ouercome with the humble suite of the Pope whiche was sauced with teares graunted to him and his associates that the Arians shoulde bee restored and suffered to lyue after their orders In this history this is not vnworthy the noting that the Pope did not onely shewe his obedience and subiectiō to the godly Emperour but also that the secular Princes ordeyned Lawes Ecclesiastical with the which the Pope could not dispence For all this busynes arose about the decree whiche the Emperour had made in an Ecclesiasticall cause or matter If the Popes
authoritie in these causes had been aboue the Emperours he needed not with suche lowlynes and so many teares to haue besought the Emperour to haue reuoked his decree and edict Within a whyle after this Iohn was Agapetus Pope whom Theodatus the kynge sent on his Ambassage vnto the Emperour Iustinianus to make a suite or treaty in his behalfe When the Emperour had enterteined this Ambassadour with muche honour and graunted that he came for touching Theodatus he earnestly both with fayre wordes and foule assayled this Pope to brynge him to become an Eutychian the which when he could not wynne at his hande beyng delighted with his free speeche and constancie he so lyked hym that he foorthwith deposed Anthemius Byshoppe of Constantinople bycause he was an Eutychian and placed Menna a Catholique man in his rowme Agapetus dyed in this Legacy in whose rowme was Syluerius made Pope by the meanes or rather as Sabellicus sayth by the commaundement of the kinge Theodatus the whiche vntill this time was wont to bee doone by the authoritie of the Emperours sayeth Sabellicus for the reuenge whereof Iustinianus was kindled to make warres against Theodatus Syluerius was shortlye after quarrelled withall by the Empresse through the meanes of Vigilius who sought to bee in his rowme and was by the Emperours authoritie deposed The whiche acte although it were altogether vniust yet declareth it the authoritie that the Prince had ouer the Pope who lyke a good Byshoppe as he woulde not for any threates doo contrary to his conscience and office ▪ so lyke an obedient subiecte he acknowledged the Prynces authoritie ▪ beynge sent for came beinge accused was ready with humblenes to haue excused and purged hym selfe and whan he coulde not be admitted therunto he suffred him selfe obediently to be spoyled of the Bishoplike apparayle to bee displaced out of his office and to be clothed in a Monasticall garment The same measure that Vigilius did giue vnto Syluerius he him selfe beyng Pope in his place receyued shortly after with an augmentation for he was in like sorte within a whyle deposed by the Emperours authoritie bicause he would not kepe the promise whiche he had made vnto the Emperesse and was in moste cruell wise dealt with all whiche crueltie was the rather shewed to him by the meanes and procurements as Sabellicus noteth of Pelagius whom Vigilius had placed to be his Suffragan in his absence About this tyme Epiphanius Bishop of Constantinople as Liberatus saith died in whose rowme the Empresse placed Anthymus About whiche time was great strife betwene Gaianus and Theodosius for the Bishoprike of Alexandria and within two monethes saith Liberatus the Empresse Theodora sent Narses a noble man to enstall Theodosius and to banishe Gaianus Theodosius beinge banished the sea was vacant wherunto Paulus who came to Constantinople to pleade his cause before the Emperour against certeine stubborne monkes was appointed and he receiued saith Liberatus authoritie of the Emperour to remoue heretiques and to ordeine in their places men of right faith This Paulus was shortely after accused of murther whereupon the Emperour sent Pelagius the Popes proctour liyng at Constantinople ioyning vnto him certeine other Bishoppes with commission to depose Paulus from the Bishoplike office whiche they did and they ordered for him zoilus whome afterwarde the Emperour deposed and ordered Apollo who is nowe the Bishop of Alexandria saith Liberatus Certeine Monkes met with Pelagius in his retourne from Gaza where Paulus was deposed towardes Constantinople bringing certeine articles gathered out of Origenes workes minding to make suite vnto the Emperour that both Origen and those articles might be condemned whome Pelagius for malice he bare to Theodorus Bishop of Caesaria in Cappadocia an ernest fautor of Origen did further all that he might Pelagius therfore doth earnestly entreate the Emperour that he would commaunde that to be doone whiche the Monkes sued for to witte that Origen with those articles shoulde be damned The whiche suite the Emperour graunted beinge gladde to geue iudgement vppon suche matters and so by his commaundement the sentence of the great curse against Origen and those Articles were drawne foorth in writing and subscribed with their handes and so sente to Vigilius the Bishop of Rome to zoilus Bishop of Alexandria Euphemius of Antioche and Peter Bishop of Hierusalem These Bisshops receiuinge this sentence of the curse pronounced by the Emperours commaundement and subscribinge thereunto Origine was condemned beinge dead who before longe agoe on liue was condemned When Theodorus Bishop of Caesarea in Cappadocia herde of this condemnacion to be reuenged he laboured ernestly with the Emperour to condemne Theodorus Mopsuestenus a famous aduersarie of Origen the whiche he brought to passe by ouermuche fraude abusinge the Emperour to the great slaunder and offence of the Churche Thus in all these Ecclesiasticall causes it appeareth the Emperour had the chiefe entermedlinge who although at the laste was beguiled by the false Bishoppes yet is it woorthy the notinge by whome this offence in the church came which appeareth by that that followeth I beleeue that this is manifest to all men saith Liberatus that this offence entred into the Churche by Pelagius the Deacon and Theodorus the Bishoppe the whiche euen Theodorus him selfe did openly publis he with clamours cryinge that he and Pelagius were woorthy to be brente quicke by whome this offence entred into the worlde This Pelagius as yet was but Suffragan or proctor for the Pope who afterwarde in the absence of Pope Vigilius his maister crepte into his sea in the middest of the broiles that Totylas kinge of the Gothes made in Italy when also he came to Rome In the which history is to be noted the Popes subiection to Totylas whome humbly on his knées he acknowledged to be his Lorde appointed therto of God and him selfe as all the rest to be his seruaunt Note also howe the kinge sent him Embassadour what chardge and that by Othe of his voyage of his message and of his returne the King streightly gaue vnto him howe buxomely in all these thinges he obeyed How last of all towarde the Emperour beinge commaunded by him to tell his message he fell downe to his féete and with teares both to him and to his nobles he ceased not to make moste lamentable and humble supplication till without spéede but not without reproche he had leaue to returne home But least you should take these thinges to set foorth that Princes had onely their Iurisdiction ouer the Ecclesiasticall persones and that in matters Temporall and not in causes Ecclesiasticall marke what is writen by the Historians Platina amongest the decrées of this Pope Pelagius telleth and the same witnesseth Sabellicus that Narses the Emperours other deputie Ioyntly with Pelagius did decree that none by ambition shoulde be admitted to any of the holy orders Pelagius more ouer writeth vnto Narses desiringe him of his ayde againste all the Bishoppes of Liguria
cōplaintes that were brought vnto him against the Clergy Monkes and certeine Bishoppes that their liues were not framed accordynge to the holy Canons and that many of them were so ignoraunt that they knewe not the prayer of the holy oblation and sacred Baptisme Perceiuynge further that the occasion hereof was partely by reason that the Synodes were not kept accordinge to the order appointed partly for that the Bishoppes Priestes Deacons and the residue of the Clergie were ordered bothe without due examinatiō of the right faith and also without testimony of honest conuersation Protesting that as he is mindefull to see the ciuill Lawes firmely kept euen so he ought of dutie to be more carefull about the obseruation of the Sacred rules and diuine Lawes and in no wise to suffer them to be violated and broken He renueth the constitutions for the Clergie touching Churche causes saying Folowyng therefore those thinges that are defined in the sacred Canons we make a pragmaticall or moste full and effectuall Lawe whereby we ordeine that so often as it shalbe neadfull to make a Bishop c. And so goeth forwarde in prescribing the fourme of his election examination approbatiō And shutteth vp y e Lawe about the ordering of a Bishop with this clause If any shalbe ordered a Bishop against this former appointed order bothe he that is ordered and he also that hath praesumed to order against this fourme shall be deposed He decreeth also by Prouiso what order shall be kept if it chaunce that there be any occasion or matter layde to the charge of him that is to bee ordered either Bishop Priest Deacon Clergy man or els Abbot of any Monastery But about all thinges sayeth he wee enact this to be obserued that no man be ordered Bishop by giftes or rewardes for both the geuer taker and the broker if he be a Churche man shalbe depriued of his benefice or clericall dignitie and if he be a Lay man that either taketh rewarde or is a woorker in the matter betwene the parties we commaunde that he paye double to be geuen to the Churche He geueth lycence neuertheles that where there hath bene somethyng geuen by hym that is ordered Byshoppe of custome or for enstallation that they maye take it so that it exceede not the somme prescribed by hym in this Lawe VVee commaunde therefore that the holy Archebishoppes namely of the elder Rome of Constantinople Alexandria Theopolis and Hierusalem if they haue a custome to geue the Bishoppes and Clerkes at their orderinge vnder twenty poundes in golde they geue onely so mutche as the custome alloweth But if there were more geuen before this Lawe wee commaunde that there be no more geuen then twenty poundes And so he setteth a rate to al other Ecclesiastical persons in their degrees according to y e habilitie of their Churches concluding thus Surely if any presume by any meanes to take more than we haue appointed either in name of customes or enstallations wee commaunde that he restore threefolde so muche to his Churche of whom he tooke it He doth vtterly forbidde Bishoppes Monkes to take vpon them gardianship neuerthelesse he licenceth Priestes Deacōs Subdeacōs to take the same on them in certeine cases He cōmaundeth two Synodes to bee kepte in euery Prouince yerely He prescribeth what and in what order matters shalbe examined and discussed in them Besides these he enioyneth and doth cōmaunde all Bishoppes Priestes to celebrate the prayers in the ministration of the Lordes supper and in baptisme not after a whispering or whyst maner but with a cleare voyce as thereby the myndes of the hearers may be sturred vp with more deuocion in praysing the Lorde God He proueth by the testimony of S. Paule that it ought so to be He concludeth that if the Religious Byshoppes neglecte any of these thinges they shall not escape punishment by his order And for the better obseruing of this constitution he commaūdeth the rulers of the prouinces vnder him if they see these thinges neglected to vrge the Bishoppes to call Synods and to accomplishe all thinges whiche he hath commaunded by this Lawe to be doon by Synodes But if the Rulers see notwithstanding that the Bishoppes bee slouthfull and slake to doo these thinges then to signifie therof to hym selfe that he may correct their negligence for otherwise he will extreemely punishe the Rulers them selues Besides these saith this Emperour we forbidde and enioyne the Religious Bishoppes Priestes Deacons Subdeacons Readers and euery other Clergie man of what degree or order so euer he be that they play not at the table playes as cardes dyce and suche lyke playes vsed vpon a table nor to associate or gase vpon the players at suche playes nor to be gasers at any other open sightes if any offende against this decrée wée cōmaunde that he be prohibited from all sacred mynistery for the space of thrée yéeres to be thrust into a monasterie After these constitucions made for the gouernement of the secular clergy as you terme it in causes Ecclesiasticall the Emperour descendeth to make statutes ordinaunces and rules for monasticall persones commonly called Religious declaringe that there is no manner of thinge whiche is not thoroughly to be searched by the authority of the Emperour who hath saith he receiued from God the common gouernment and principalitie ouer all men And to shewe further that this principalitie is ouer the personnes so well in Ecclesiasticall causes as Temporall he prescribeth orders and rules for them and committeth to the Abbottes and Bisshoppes iurisdiction to see these rules kept concludinge that so well the Magistrates as Ecclesiasticall persones ought to keepe incorrupted all thinges whiche concerne godlines but aboue all other the Emperour who ought to neglect no manner of thinge pertaininge to godlines I omitte many other Lawes and constitutions that not onely this Emperour but also the Emperours before him made touchinge matters and causes Ecclesiasticall and doo remitte you vnto the Code and the Authentiques where you may sée that all manner of causes Ecclesiastical were ouerséene ordered directed by the authoritie of the Emperours and so they did the duetifull seruice of Kinges to Christe In that as S. Augustine saith they made lawes for Christe Arriamirus Kinge of Spaine commaunded twoo councelles to be celebrated in a Citie called Brachara the one in the second yéere of his reigne the other the thirde yéere wherin were certaine rules made or rather renued touchinge matters of faithe touchinge constitucions of the Churche and for the dueties and diligence of the Clergie in their offices Wambanus Kinge of Spaine séeynge the great disorders in the Churche not onely in the discipline but also in the matters of Faithe and about the administration of the Sacramentes calleth a Synode at Brachara named Concil Brachar 3. for the reformacion of the errours and disorders aboute the Sacramentes and Churche discipline About this time after the death of Pelagius 2.
without the authoritie of the Emperours as in all the former generall councels And so at the ende the whole councell put vp a supplication to the Emperour for the ratifiyng of all their doynges The which when the Emperour had heard openly recited and redde vnto them they forthwith alowed signed and sealed Gregorius 3. sent into Fraunce for succour to Charles Martell yelding surrendring vp vnto him that whiche the Pope had so longe sought by all subtile and mischieuous meanes to spoile the Emperour the Princes of This same Gregory the third saith Martinus Poenitentiarius VVhan Rome was besieged by the king of Lombardy sent by Shippe vnto Charles Martell Pipines father the keyes of saint Peters confession beseching him to deliuer the Churche of Rome from the Lombardes By the keies of S. Peters confession he meaneth all the preheminence dignitie and iurisdiction that the Popes claime to them selues more and besides that whiche all other Churche ministers haue ouer and aboue all maner persons Ecclesiasticall or Temporall as geuen of Christe onely to S. Peter for his confession and so from him to the Popes of Rome by lineal successiō Seing that this Pope who was passingly well learned both in diuine and prophane learning and no lesse godly stoute and constant if you wil beleue Platina yeldeth and committeth all this iurisdiction and clayme that he hath ouer all persones Ecclesiasticall and Temporall so well in thinges or causes Ecclesiasticall as Temporall vnto Charles Martel a Lay Prince great maister of Fraūce it appeareth that Princes may Lawfully haue the rule gouernement and charge in Churche matters The heires and successours of this Charles Martell did keepe these keyes from rusting They exercised the same iurisdiction gouernement in Ecclesiastical causes y t the Emperours and kinges had doon from the time of Constantine the great vntill their time which was almost 400. yeres For Carolomanus sonne to kyng Pepin and nephew to Charles Martell no lesse Princelike than Christianly exercised this his Supreme authoritie in Ecclesiasticall causes and made notable reformation of the Ecclesiasticall state He sommoned a councell of his Clergie bothe Bishoppes and Priestes 742. yere from the incarnation of Christe wherein also he him selfe sate with many of his nobles and counsailours He sheweth the cause why he called this Synode That they should geue aduise saith he howe the Lawe of God and the Churche religion meaning the order and discipline may be restored againe whiche in the time of my praedecessours being broken in sonder fell cleane away Also by what meanes the Christian people may attaine to the saluation of their soules and peris he not being deceiued by false priestes He declareth what ordinaunces and decrees were made by his authoritie in that Synode VVe did ordeine Bisshoppes through the Cities saith he by the councell of the Priestes and my nobles and did constitute Bonifacius to be the Archebissop ouer them VVe haue also decreed a Synode to be called together euery yere that the decrees of the Canons and the Lawes of the Churche may be repaired in our presence and the Christian Religion amended c. That the money whereof the Churches haue been defrauded be restored VVe haue degraded the false Priestes Deacons and Clerkes being adulterers and fornicatours and haue driuen them to penaunce We haue vtterly forbidden all maner hunting and haukinge to the Clergie We decree also that euery priest dwelling in y e diocesse be subiect vnto his own bishop that always in Lent he make an accompt shew to the bishop the maner order of his ministery touching baptisme the catholique faith praiers the order of Masses And whāsoeuer the Bishop shal go his circuite to confirme the people the priest shalve ready to receiue him with a collection helpe of the people That y e priest seke for new chrysme always on Maundy thursday at the Bishops hand that y e Bishop may be a witnes of his chast life of his faith and doctrine We decree further that no vnknowen Bishop or Priest be admitted into the church ministery before he be allowed by the Synode He maketh many suche like for the reformation of y ● Clergy in what sort they shalbe punished if thei cōmit whordome likewise against sorcery wytchcraft diuinacions incantations all kinde of prophane superstitiōs If there were no more exāples of any church history but this of Caroloman it woulde suffice to make playne that to the Princes authoritie apperteineth to make Lawes and to the Clergy to geue him counsaile out of Gods worde howe to frame the discipline to the edifiyng of Goddes Churche About this time was one Bonifacius not Pope but as they call him the great Apostle of the Germaines the like for all the worlde to our Apostle here in Englande Augustinus Anglorum Apostolus Either of them might be called the Popes Apostles whose great champions they were And euen suche Ecclesiasticall matters as our Apostle treateth of hath this Apostle in his Epistles to the Pope as this He asketh his holines when fatte bakon should be eaten The Pope aunswereth when it is well smoke dried or resty and then sodden Likewise he asketh whether we shall eate Dawes Crowes Hares and wilde Horses The Pope biddeth him to beware of them in any wise Also he asketh him howe if Horses haue the fallinge sicknesse what we shall doo to them The Pope aunswereth hurle them into a ditche He asketh what we shall doo with Beastes bitten with a madde dogge the Pope biddeth him kepe them close or hurle them into a pitte He asketh if one Nonne may was he an others feete as men may the Pope aunswereth yea on Goddes name Also he asketh howe many Crosses and where aboutes in his body a man shoulde make them These and a great many suche like are the Popes and his Apostles Ecclesiasticall matters But leauyng these tryfles note that in those Ecclesiasticall matt●●s whyche he dyd to any purpose the lay Princes had the entermedling as appeareth by the Pope Zacharias Epistle to this Boniface It is no marueile though this kinge Charloman as also Charles the great and other noble Princes after their time established by their authoritie in Synodes many superstitions and idolatrous obseruances as of Masses Chrysmes and suche like abuses beinge moued with the zeale that all Princes ought to haue But wanting the pure knowledge that good and faithful Bishops should haue instructed them withall seinge suche blynde bussardes as this Boniface had the teachinge of them who like blynde guydes ledde them in the bottomles pit of all supersticions and false Religion Adrianus the first Pope beinge muche vexed through his owne furious pryde by Desiderius kynge of Lombardy sendeth to Carolus Magnus and requireth him of his ayde against the Lombardes promysing to make him therfore Emperour of Rome Charles commeth vanquisheth Desiderius and so passeth into Rome whom the Pope receiued with great honour geuing to him in
at Moguntia the other at Triburum Of these Popes and those that followed as Formosus Stephanus Romanus Benedictus Leo Christophorus Sergius and a great company moa the Historians geue but an homely testimonie and Naeuclerus saith that to satisfie their voluptuous lustes they dyd maliciously malice one another as most cruel Tyrantes and he added this reason Cum non extarent qui eorum vitia coercerent bicause there was none to correcte and chasten them for their euill doinges For so long as the Princes exercised their authoritie in ouerseing carefully the Churche matters and the mynisters so well the Popes as other Bishoppes there grewe no suche intollerable disorders neither were there suche monsters for so Nauclerus termeth these Popes that continued any space But were by the Princes authoritie suppressed and therfore Nauclerus citeth out of Platina and affirmeth it to be true that the cause of these monstrous Rebelles in the Churche was Quod Resp ignauos desides principes habeat Bycause the common wealth had improfitable and slouthfull Princes Thus these writers burdeine and charge the Princes with the disorders and enormities in Christes Churche wherein they doo them wronge if they thought not that it apperteined to the Princely authoritie to ouersee care and prouide for the good order of Christes Churche and to redresse punishe and remoue the inordinate euilles therein Yea Sabellicus so wondereth at these tragicall examples of the Bishoppes of this time and their horrible obliuion of Godly Religion that he ascribeth the good and godly moderation that was in the Bishops and the dutifull execution of their office from Charles the great till the ende of the Frenche Empire whiche was an whole age to be not so muche of them selues and their owne good wills as of thē awe and feare they had of the Princes kinges and Emperours who were their guardians And therfore cōcludeth that it may be truely said that this was the calamitie of Fraunce Italy and of the Churche of Rome Quod in ea gente desitum esset imperari bicause there was no king nor Emperour to beare rule meaning that although there were kinges and Emperours yeat did they not execute their Princely office and authoritie in ouerseing correcting and reforming the Churche matters and her mynisters and therefore the state was miserable In this cōfusion were al thinges but especially in the Churche of Rome till God stirred vp the wyse and mighty Prince Otho the first whose zeale stoutnes trauayle in reforming Religion and the disordred Churche no tongue is able to expresse saith Nauclerus At this time was Iohn 13. Pope a man replete lodē with all dishonestie and villany against whom twoo of the chiefest amōgest the Clergie the one was a Cardinall saith Luithprādus the other maister of the Rolles made cōplaint vnto Otho most hūbly beseching him to haue some cōpassion on the Church which if it were not speedely reformed must néedes come to vtter decay After whō came the B. of Millain so one after another a great many mo making the same sute vnto Otho who being moued of his own zeale to gods glory but now enflamed by y e lamentable suplicatiōs of these Bishops Rex pijssimus saith Luithp non quae sua sunt sed quae Iesu Christi cogitans The moste religious king hauing carefull cogitations not for his owne thinges but for Iesus Christes matters addressed him selfe with all conuenient spede into Italy to refourme Rome from whence all the mischiefe sprange When the Pope vnderstoode of his comming he prepared to receiue him in most honorable wise and with suche humilitie behaued him selfe towardes the Emperour and shewed such faire face of repentaunce that the well meaning Emperour thought he had meant as he pretended sware the Pope to obedience and loyaltie against Berēgarius and Adalbertus as Luithprandus writeth and so retourned into his countrey This Luithprand is the more to be credited for that he was liuing a famous writer and Deacon Cardinall euen in the same time The Pope immediatly against both othe and honestie practised with Adalbertus to depose this godly Emperour and promised him by othe his aide The reason or cause why Iohn the Pope should hate this most Godly Emperour who had deliuered him out of the handes of Adalbert his enemy and wherfore the Deuil should hate God his creatour semeth not to be vnlike For the Emperour as we haue had good experience vnderstandeth thinges pertaining to God he worketh he loueth them he mainteineth with maine and might the Ecclesiasticall and Temporall matters he decketh them with manners and amendeth them by Lawes but Iohn the Pope is against all these thinges The Emperour seeketh by diuerse waies to reconcile this Pope and to bring him from his filthy life to some honestie regarde of his office Whan by no persuasions he can winne him he determineth to depose him and for that purpose he calleth a councell of the Bishops of Italy to the ende he may seeke the reformation whiche he mindeth and sawe to be ouermuch● needefull by their aduise Pope Iohn seyng him selfe to be tried by a Synode runneth away when all the people sawe their Pope was runne away from them they sware fidelitie to the Emperour promisinge by their Othes that they woulde neuer hereafter elect or make any Pope without the consent of y e Emperour Within thrée days after there was a great assembly in S. Peters Churche at the requestes of the Bishoppes and people In whiche councell sat the Emperour with many Archebishops and others to whome the godly Emperour propoundeth the cause of their assembly exhorteth them to doo al things with vpright iudgement and the Bishoppes Deacons Cleargy and all the people make solempne protestation and obtestation of their iust and vpright dealing in the cause propounded And bicause the chiefe matter touched the Pope that was rūne away the holy Synode saide if it séeme so good to the godly Emperour let letters be sente to the Pope and cyte him to come and purge him selfe the Letters were directed in this fourme Otho by Goddes grace Emperour with the Archebishoppes of Liguria Tuscia Saxonia and Fraunce sende greeting in the Lorde to Iohn the Pope wee comminge to Rome for our Seruice to God and enquiringe the cause of your absence from your churche were enfourmed by the Bishops Cardinalles Priestes Deacons and the whole people of suche shamefull dooinges by you as wee are ashamed to rehearse whereof these are parte they chardge you with Murder periury sacrilege inceste with twaine of your owne sisters that in your banquettes whiche is horrible to be rehersed yee drinke wine in the loue of the Deuill in your play at dice you craue the helpe of Iupiter Venus and other Deuilles wherefore wee pray you to repaier vnto vs your selfe To this the Pope writeth this answeare I here say yee will make an other Pope whiche if yee attempt I excommunicate you all that yee may haue
auncient estate Suche was the carefull trauell of the Godly Princes in gouerning not onely in Temporall but also in Ecclesiasticall thinges and causes Benedictus the ninth solde the Papacy to Gregory the sixt Syluester the thirde thrust in amongest them by frendship and bribery To this case was the Papacy brought nowe saith Platina that onely he that was most mighty in ambition and bribery obteined this dignitie there was no roume for good men Henricus the third surnamed Pius came to Rome to thrust out these three monsters saith Sabellicus and to bring this to passe in better order he calleth a Synode wherein he deposeth these three monstrous beastes and dooth create Clement the second The whiche doon he sweareth the Romaines that they shall neuer after be present at the election of any Pope onles they be compelled thereunto by the Emperour But after the Emperours departure from the citie Stephan perceiuing the people to grudge somwhat at Clementes election despatched him out of the the way with a medicine for a Pope Venenum illi miscuit he poisoned him saith Sabellicus and immediatly after his death entruded himself into the Papacy without consent either of the Emperour people or priest and called himself Damasus 2. But with in a while he died also In y e meane time the Romaines sent to the Emperour besechinge him to appointe them some good man to be their Bisshop who made Bauno Pope and was named Leo 9. After this Leo whom Hildebrand ridde out of the waye saith Benno Cardinalis was Victor the seconde made Pope by the Emperours authoritie or priuilege Shortly after this Godly Emperour died beinge greatly praised surnamed Pius Henricus for his dealinge in the reformation of Churche matters This Emperour had called two councels the one at Constance wherin he was him self present after y e another at Moguntia wherin both the Emperour the Pope sat in Synod This Pope saith Nauclerus came into Germany about the church matters and ordered al thinges therin saith Abbas Vspurg by the aduise and counsaile of the Emperour and other seculer Princes and the Bisshoppes And as this Emperour had yeat this interest in the councelles and in the creatiō of the Pope him self so had he the placing and displacing allowing disallowing in other spiritual promotions as at large appeareth in Nauclerus Stephen 9. was chosen Pope after that Victor had dronken of Hildebrandes cuppe But this Stephen liued not long for saith Benno If any other than Hildebrand were chosen Pope Gerardus Brazutus Hildebrandes familiar friend would soone dispatche him out of the way with poyson Alexander 2. was chosen without the Emperours authoritie or knowledge with whose election the whole Clergy of Lombardy was muche offended refused to owe vnto him any obedience beseching the Emperour that he would geue them licence to choose one of their owne persuading him that there ought none to be electe without the consent of the king of Italy After they had licence they chose Cadolus the Bishop of Parma whom all the Clergy of Lombardy obeied as their lawful Pope The Cardinals saith Benno knowing well Hildebrandes ambition did winne with muche sute the Emperours fauour and aide to their newe elected Pope Cadolus the which did so deepely perce the harte of Hildebrande that he became a deadly enemy to the Emperour for euer after contrary to the faithfull dutie that he had sworne vnto him Hard holde there was betwixt these two Popes so wel with strokes as with woordes they bothe gathered great armies and with their armies came into the fielde in their owne persones and fought twoo cruell and bloudy battailes and so ruled the Schismaticall Churche with Paules swoorde Peters keyes beinge fast locked from them bothe in Christes Churche til the Emperour sent Otto the Archebishop of Collein geuing him full authoritie as he should see cause to set in order the Churche matters Whan Otto came to Rome with this large commission he did sharpely reproue Alexander at the firste Bicause he had taken vpon him the Papacy without the Emperours commaundement and contrary to that order whiche the Lawe it self and the longe custome also hath praescribed Whose wordes Nauclerus telleth thus How commeth this to passe saith he my brother Alexander that contrary to the maner of olde time hitherto obserued and against the law praescribed to the Romain Bisshops many yeres agoo thou hast taken vpon thee the Romaine Papacy without the commaundement of the king and my Lorde Henry and so beginning from Charles the great he nameth many Princes by whose authoritie the Popes were either chosen cōfirmed or had their electiō ratified whan he was going forward in his oration Hildebrand Tharchdeacō taketh y e tale out of his mouth saiyng in great heat O Archbishop Otto the Emperours and kinges had neuer any right at al or rule in the electiō of the Romain Bishops Tharchbishop gaue place to Maister Archedeacon by and by For Hildebrand knewe well inough saith Sabellicus that Otto woulde relent easely and agree with him In suche sorte also haue other godly Princes been beguyled trustinge ouermuche popish Prelates with their embassages Within a while after whan the Emperour heard of these doinges he sent streight to Pope Alexander to gather together the Prelates promising that he him selfe would come to the coūcel to set an order in the Churche matters that all thinges might be doon in his owne presence who vsed Alexander very gently friendly wherwith the Pope afterwardes was so moued and saw how he him self had been abused by Hildebrands instigations against so gentle a Prince y t he was greatly sory that he had attēpted to be Pope without his assent Whereupon saith Benno whan Alexander vnderstoode that he was elected and enstalled by fraude and craft of Hildebrande and other the Emperours enemies in his sermone to the people he plainly declared that he would not sit in the Apostolike sea without the licence and fauour of the Emperour and further said openly in the pulpit that he would sende foorthwith his letters vnto the Emperour for this purpose so greatly he repented him of his vsurpation without the Emperours authoritie Hildebrande who had long awayted and practised to be Pope impacient of any longer tariaunce immediadly after the death of Alexander gatte to be made Pope was called Gregory the seuenth of whose election Abbas Vrspurgens faith next to Alexander succeded Hildebrande vnder whom the Romain cōmon weale and the whole Church was endaūgered and brought in a great peril with new errours and sehismes such as haue not been heard of who climbed vp to this high dignitie with out the consent of the Prince and therfore there be that affirme him to haue vsurped the Papacy by tyranny and not Canonically instituted for whiche cause also many did refuse him to be Pope In this election Hildebrande made poste haste for feare he had come shorte of his purpose In
Frenche kynge prouing them to be as in deede they were no other but temporall neuerthelesse not standinge muche about the name nor taking them all away from their iurisdiction he onely said he would reforme them Neuerthels for certeine daies there was muche disputing to and fro whether they belonged to the kinge to reforme or no till the king by his foresaide procuratour gaue them the kinges determinat aunswere declaring vnto them howe that they ought not to be troubled bicause the kinges intention was to keepe those rightes and customes of the Churche and Prelates which were good and reasonable but by reason of their faults the iudgement whiche were good and reasonable apperteined not vnto thē to determine but to the king Bicause the Decree Nouit c. saieth that the kinge of Fraunce in matters de Facto hath not his superiour c. VVhereuppon hee concluded that the kinge woulde heare all the informations And those Customes of the whiche he shoulde be fully enfourmed that they were good and reasonable he woulde make onely to bee obserued In cōclusion the Prelates made such importune labour that the forsaide attourney aunswered them for the kinge that if the Prelates themselues would amende those thinges that were to be amended and corrected the king would abide till the feaste of the Natiuitie next to come within whiche terme he woulde innouate nothing but if within the saide terme the Prelates had not amended those thinges that were to be amended and corrected that then the kinge would put to suche remedy as should be acceptable to God and the people Whiche in conclusion the king was faine to do by a sharpe seuere Lawe whan he sawe howe the Prelates dallied him of with faire wordes and therefore he him selfe Composuit rem sacerdotum did set in order the matters of the Priestes In England at this time many abuses about Ecclesiasticall causes were reformed although the Pope his Clergie did earnestly mainteine them by king Edwarde the. 3. who wrote his letters to y ● Pope admonishing him to leue of his disordered doinges whan that woulde not serue he redressed them by act of parliament and as Nauclerus saith he commaunded that from thenceforth no body shoulde bring into the Realme any kinde of the Popes letters vnder the paine of drowning and expelled all persones out of his kingdom that weare by the Pope promoted to any benefice Next to Lewes was Charles the. 4. chosen Emperour who helde a councel at Mentze with y e Prelates Princes in the yere of the Lorde 1359. wherein he much reproued the Popes Legate for his disorders and commaunded the Archbishop of Mentze to reforme his Clergie and the disorders amongest them for otherwise he woulde see to it him selfe The Popes Legate seyng howe the Emperour tooke vpon him gate him to his shippe and saylled to Colayn as one that fledde awaye With whiche doynges the Emperour became very famouse for he was a man of great workes who dyd lyghten the kyngdome of Boheme bothe with the the settinge foorth of Religion and with the discipline of Lawes and good manners At this time wrote Nilus the Bishoppe of Thessalonica declaringe the onely cause of the diuision betwéene the Gréeke and the Latine Churche to be for that the Pope will not suffer frée and generall Councelles to be called by the Emperours accordinge to the auncient custome that his authoritie is not by the Lawe of God but by the positiue Lawes of Princes graunted onely because that than Rome was the greatest Citie in the worlde and hath no prerogatiue of Christ or Peter more than any other Bishoprike Kinge Richarde the. 2. called a Councell at VVestminster saith Polydore wherein it was thought good to the Kinge and the Princes for the weale of his realme of Englande if a parte of the Popes authoritie were bounded within the limites of the Occean sea he meaneth that it were driuen out of the Isle of Britaine wherfore it was decreed that hereafter it shoulde be lawfull to no man to trie any cause before the Bishop of Rome nor that any man be publikly pronounced wicked or enemy of Religion that is to wit as the common people terme it be excommunicate by his authoritie nor that if any man haue any suche commaundement from him they execute the same The penaltie ordeined to those that violate this lawe was that losinge all his goodes he shoulde be caste into perpetuall pryson The Churche of Rome at this time was maruailously torne in sunder with an horrible Schisme whiche continued about xl yéeres hauinge at ones thrée heades callinge them selues Popes euery one of them in moste despitefull wise calling the other Antichrist Schismatique Heretique tiraunt thiefe traytour the sonne of perditiō sower of Cockle the childe of Belial c. diuerse learned men of that time inueighed against them all thrée as Henricus de Hassia 10. Cerson Theodorych Nyem secretary before this to Pope Boniface who prooueth at lardge by good reasons by the woorde of God and by the Popes decrées that the refourmation of these horrible disorders in the Churche belonge to the Emperour and the secular Princes Sigismunde the noble Emperour vnderstandinge his duetie herein amongest other his notable actes called a Councell togeather at Constantia and brought againe to vnitie the Churche deuided in three partes whiche Councell saithe Nauclerus beganne by the Emperours commaundement and industry in the yeere 1414. To the whiche Councell came Pope Iohn before the Emperours comminge thinkinge to haue outfaced the Councell with his pretensed authoritie till the Emperour came who geuinge to all men in the Councell free libertie to speake their mindes a great companie of horrible vices were laide streight way to his chardge To the whiche when he was not hable to answeare he was deposed and the other twoo Popes also and an other chosen chiefly by the Emperours meanes called Martyn the. 5. After these thinges finished they entred into the communication of a reformation bothe of the Cleargie and the Layty to whiche purpose the Emperour had deuised a booke of Constitucions and also willed certaine learned Fathers there but specially the Bishoppe of Camera a Cardinall there presente to deuise what faultes they coulde finde and how they shoulde be redressed not sparinge any dégrée neither of the Prelates nor of the Princes them selues Whiche the Bishoppe did and compiled a litle booke or Libell entituled a Libell for reformation of the Churche gathered by Peter de Aliaco c. and offered to the Churche rulers gathered togeather in Constaunce Councell by the commaundement of the Emperour Sigismonde c. In this Libell of reformation after he hath touched the notable enormities in the Pope in the Courte of Rome in the Cardinalles in the Prelates in Religious personnes and in Priestes in exaction in Canons and Decretalles incollations of benefices in fastinges in the diuine seruice in Piaures in
Electiōs reseruations expectatiues Annates vnfit pastours pardons tythes the spiritual courtes c. beseching him to haue some redresse herein Who being moued with the admonitions aduisementes and exhortatiōs of the learned Clergy the godly Princes at the length called a councel at Triers Colayn for the redresse of these and other enormities in the yere of the Lorde 1512. whiche was the fourth yere of the reigne of the moste renoumed kinge of England king Henry the eight In this councel amongest other thinges bicause there was a suspicion of a Schisme breedinge and of greuaunces in the Church it was necessarily decreed that the Emperour and Princes electours with other Princes and states of Thempire should loke about them and wel consult by what meanes these greeues might be taken away most commodiously and the Schisme remoued and euill thinges reformed to edification It was decreed also against blasphemours to paie either a somme of money limited or to suffer death And that all men should know this decree it was thought good to the Princes and states of the Empire that al preachers and persones should at all high feastes preache vnto the people thereof faithfully This being doon Maximilian set forth a decrée for y e takinge away of the forsaid Ecclesiastical greuaunces wherein he declareth that though of clemency he haue suffered the Pope the Clergy herein as did his father Frederik Yet not withstanding sith that by his liberalitie the worshippe and seruice of God hath fallen to decaie it apperteineth vnto his dutie whome God hath chosen vnto the Emperial throne of Rome that amongest all other moste great businesses of peace and warres that he also looke about him vigilantly that the Churche perishe not that Religion decaie not that the worship of the seruice of God be not diminished c. In consideration wherof he prouideth that a man hauing in any citie a Canonship or Vicarship enioy not any prehende of an other Churche in the same citie c. making other decrées against suing in the Ecclesiasticall courtes for benefices for defence of Lay mens patronages for pensions against bulles and cloked Symony c. After this the Emperour Lewes the French king concluded together to call a general coūcel at Pise to the whiche also agreed a great part of the Popes Cardinals Many saith Sabellicus began to abhorre the Popes Courtes saying that all thinges were there defiled with filthy lucre with monstruous and wicked lustes with poysoninges Sacrileges murders and Symoniacall fayers and that Pope Iulius him selfe was a Symoniake a dronkarde a beaste a worldling and vnworthely occupied the place to the distruction of Christendome and that there was no remedy but a generall Councell to be called to helpe these mischiefes to the whiche his Cardinalles accordinge to his othe desired him but they coulde not obteyne it of hym Maximilian the Emperour being the authour of it with Lewes the Frenche king bicause the histories doo beare recorde that in times past the Emperours of Rome had wont to appointe councels they appointe a councell to be holden at Pyse Maximilian the Emperour Lewes the French king and other Princes beyonde the seas were not more carefully bent and moued by their learned men to refourme by their authoritie the abuses about Church matters thā was king Henry the eight at the same time king of Englande of most famous memory who following the hūble suites and petitions of his learned Clergy agreynge thereupon by vniforme confent in their conuocation toke vpon him that authoritie and gouernement in all maner matters or causes Ecclesiasticall which they assured him to belonge vnto his estate both by the worde of God and by the auncient Lawes of the Churche and therfore promised vnto him in verbo sacerdotii by their priesthood not to do any thing in their councelles wiehout his assent c. And this Clergie was not onely of Diuines but also of the wysest moste expert and best learned in the Ciuil and Canon Lawes that was than or hath been sence as D. Tonstal Bishop of Duresme D. Stokesley B. of Londō D. Gardiner Bishop of Wynton D. Thirleby Bishop of Westminster and after of Norwiche your olde maister D. Bonner who succeded Stokesley in the sea of Londō and many others by whose aduise consent there was at that time also a learn●d booke made published De vera differentia Regiae potestatis Ecclesiasticae whiche I doubt not but yée haue séen longe sythen Neither was this a newe deuise of theirs to please the king with al or their opinion onely but it was and is the iudgement of the moste learned Cyuilians and Canonystes that when the Cleargie are faultie or negligent it apperteyneth to the Emperour to call generall councelles for the reformation of the Churche causes as Philippus Decius a famous Lawyer affirmeth And the Glossator vppon this Canon Principes affirmeth that the Princes haue iurisdiction in diuers sortes within the Churche ouer the Cleargie when they be stubbourne ambitious subuerters of the faith falsaries makers of Schismes contemners of excommunication yea also wherein so euer the Ecclesiasticall power faileth or is to weake as in this Decree He meaneth where the power of the Churche by the woorde of doctrine preuaileth not therein must the Princes authoritie and iurisdiction take order for that is the plaine prouiso in the decrée The woordes of the decree are as followe The seculer Princes haue oftentimes within the Churche the highest authoritie that they may fence by that power the Ecclesiasticall discipline But within the Churche the powers of Princes shoulde not be necessary sauinge that that thinge whiche the Priestes are not able to dooe by the woorde of doctrine the power of the Prince may commaunde or obtaine that by the terrour of discipline The heauenly kingedome dooth oftentimes preuaile or goo forwarde by the earthly kingedome that those whiche beinge within the Churche doo against the faith and discipline may be brought vnder by the rigour of Princes and that the power of the Princes may lay vppon the neckes of the proude that same discipline whiche the profite of the Churche is not hable to exercise and that he bestowe the force of his authoritie whereby to deserue woorship Let the Princes of the worlde well knowe that they of duety shall rendre an accompte to God for the Churche whiche they haue taken of Christe to preserue For whether the peace and discipline of the Churche be encreased by faithfull Princes or it be loosed He doth exact of them an accompt who hath deliuered his Churche to be committed to their power To this effect also writeth Petrus Ferrariensis a notable learned man in y e Lawes saying Thou ignorant man thou oughtest to know that the Empire the Emperour ones in times past had bothe the swoordes to witte bothe the Temporall and Spirituall in so much that the Emperours then bestowed all the Ecclesiasticall
the kingdome whose kinge is a childe and whose Princes banquet earely a kinge I name not for his smale and tender age but for folly and wickednes and madnes according to the Prophet king bloudthirsty and deceitful men shal not liue out halfe their daies By banqueting we vnderstand glotonie through glottony riotousnes through riotousnes all filthy and euill thinges according to kinge Salomon wisedome shall not enter into a froward soule nor dwel in the body that is subdued vnto sinne A king is named of ruling and not of a kingdome so long as thou rulest wel thou shalt be kinge whiche vnlesse thou doo the name of a king shal not cōsiste in thee and thou shalt lese the name of a king whiche God forbidde Almightie God geue vnto you so to rule your kingdome of Brytany that ye may reigne with him for euer whose vicar ye are in the kingdome aforesaide VVho with the father c. Thus it is made manifest that bothe your argument faileth in truthe of matter and you your selfe were beguiled through ignorance by wante of reading But put the case that your antecedent were true yet is it a faulty fallax made à dicto secundum quid ad simpliciter and the consequent followeth not for that there is more conteined in the conclusion than the antecedent doth comprehende whiche is suche an euill fauoured forme of argument that yonge studentes in the scholes would be ashamed thereof The Donatistes made the like obiection against the catholique fathers wherto S. Augustine maketh this answere The state of the Apostles time is otherwise to be thought of than this time al thinges must be doon in their time In the Apostles time this prophecie was yet in fulfilling wherfore do the Heathen rage and the people muse vpon vaine thinges The kinges of the earth set them selues and the Princes consult together against the Lorde and his Christ As yet that was not in hande whiche is spoken a litle after in the same psalme and nowe ye kings vnderstand be learned ye Iudges on the earth serue the Lorde in feare and ioy in him with reuerence Therfore seyng that as yet in the Apostles time kinges serued not the Lorde but still did deuise vaine thinges against God and his Christ that all the foresayinges of the Prophete might be fulfilled than truely impieties coulde not be inhibited by princes Lawes but rather be mainteyned For suche was the order of the times that both the Iewes shoulde kill the preachers of Christe thinkinge to doo God good seruice therein as Christ had forspoken and also the gentiles shoulde rage against the Christians that the martirs might winne the victory thorough pacience But after that this began to be fulfilled whiche is writen And al the kinges of the earth shall woorship him and all the nations shal serue him what man onlesse he be not well in his wittes will say that Kinges ought not to haue a speciall regarde for the Churche of Christe and all manner godlines amongst their subiectes You frame an other reason vpon S. Paules woordes vnto the Bishops of Ephesus whereby to prooue that all gouernement in spirituall or ecclesiastical causes belongeth to Bishoppes and Priestes and not to Princes and Ciuill Magistrates thus you argue The holy ghost appointed all spirituall gouernement of Christes flocke vnto Bishops Priestes as the woordes spoken by S. Paule doo make full and perfecte declaration Ergo Kinges Quéenes and Princes may not claime or take vpon them any parte of Spirituall gouernement much lesse take the supremacie and chiefe parte of spirituall gouernement from them For answeare I denie this argument for it is a naughty and deceiptfull Sophistication called Fallacia aequiuocationis There is equiuocacion in this woorde Priestes and also in these woordes to gouerne and rule the Church of God This woorde Priest hath diuerse significacions which are to be obserued least the simple readers be confirmed or brought into errour thorough the equiuocation therein The Scripture speaketh of a priesthood after the order of A●ron after whiche order you will not confesse the Apostles and the Bishoppes their successours to be Priestes an other kinde of Priesthoode is after the order of Melchisedech and Christe onely without any successour in y ● Priesthood was the alone Priest of that order The thirde kinde is an holy and princely Priesthood of the which order not onely the Apostles and their true successours but also Kinges Quéenes Princes al manner of faithfull Christians are Priestes There is in cōmon opinion amongst the Papistes a fourth kinde which is a massinge sacrificing priesthood after which order Christes Apostles the true mynisters of his Church were neuer priests for y e order belongeth onely to y e Apostolical Clergy of y e Romishe Antichrist Yf your meaning therfore be y e Christ left any kinde of gouernment or rule of his Churche to Bishops Priestes after this popishe order your opinion is hereticall your assertion vtterly false Therfore where I shall afterwardes in my speaking cal the mynisters of Christes Churche Priestes I geue you to vnderstande y t I doo therin but follow y e vsuall accustomed kinde of speache which is impropre although in longe vse Likewise to gouerne and rule the Church of God is of twoo kindes sortes the one is by y ● supreme authority power of the swoorde to guide care prouide direct ayde Gods Church to further mainteine setfoorth the true Religion vnitie quietnes of Goddes Churche to ouersée visit refourme restraine amende correct all manner persones with all manner errours superstitions heresies schismes abuses offences contēptes enormities in or about Gods Churche Which gouernment rule apperteineth onely to Kinges Quéenes and Princes and not to the Apostles Bishops and Priestes wherof S. Paule speaketh nothinge at al in this sentence by you alledged to the Bishops of Ephesus The other sorte is to féede the flocke of Christ with the Spirituall foode of Goddes woorde which is the onely rule and gouernment that belongeth to the Apostles Bishops Mynisters of Christes Churche of none other manner rule speaketh S. Paule to the Bishops of Ephesus which he maketh most plaine both by y t expresse woordes of y e sentence auouched also by the whole circumstaunce of the same place The woorde y e S. Paule vseth doth proprely signifie to féede as the sheapeherde féedeth his shéepe by a figuratiue speach to guide gouerne or rule therefore if you would haue dealt plainly and haue vttered S. Paules meaning according to his propre speache where you say To gouerne and rule doubling the woordes as it were to amplifie the matter that the truth might lesse appeare you ought to haue saide to feede the Churche of God for that is the Apostles propre saying so the olde translatour of Chrysostome doth translate it vpon the Epistle to y e Ephesians also expoūding this same
owne peuish cauillatiōs This report is false that I shuld affirme y e Queenes Maiesties meaning in that othe to be far otherwise then the expresse wordes are as lye Verbatim This my constant Assertion that hir Highnesse minde meaninge is to take so muche and no more of Spiritual aucthoritie and power vpon hir than Kinge Henry and Kinge Edwarde enioyed and did iustly claime you vntruely feygne to be your obiection And that I shoulde affirme of most certaine and sure knowledge hir Maiesties minde or the very right sence of the Othe to be otherwise than it is plainely set foorth is a malicious sclaunder whereof I will fetche no better proofe then the testimonie of your owne mouthe Ye confesse that the interpretation folowinge was penned and written by me to declare the very righte sence and meaninge of the othe wherein ye haue acquited me and condemned your selfe of a manifest vntruthe For the right sence and meaning declared in the interpretation that I made and you haue set foorth doth plainely shewe the cleane contrary if you marke it well to all that you haue here set foorth in my name vnder the title of my resolucions to your scruples Furthermore in the Preface to your forenamed pointes ye haue declared by woorde and wrytinge that I did require you presently to sweare by othe to acknowledge her highnes to be the onely supreame gouernour in all Spirituall or Ecclesiasticall thinges or causes If this be true that you haue said it is manifest by your owne confession that I declared her Maiesties meaninge in that Othe to be none otherwise than the expresse wordes are as they lye verbatim For when I showe her meaninge to be that ye should acknowledge in her highnes the only supreamacie I doo declare plainely that she meaneth to exclude all other men from hauinge any supreamacie for this exclusiue only can not haue any other sense or meaning And whan I adde this supreamacie to be in all spirituall causes or thinges I shewe an vniuersall comprehension to be meant without exception For if ye excepte or take away any thing it is not all And you your selfe tooke my m●aning to be thus For ye chalenge me in your seconde chiefe point and call for profe hereof at my hand whiche ye woulde not doo if it were not mine assertion meaning For why should I be driuē to proue that which I affirme not or meant not Besides these in your whole trauaile folowing ye labour to improue this as you say mine assercion to wit that all Spirituall iurisdiction dependeth vpon the positiue Lawe of Princes If this bee mine assercion as ye affirme it is and therefore bende all your force to improoue it ye witnes with me against your selfe that I declared her Maiesties meaning was to take neither more nor lesse authoritie and iurrsdiction vnto her selfe than kynge Henry and kinge Edwarde had for they had no more than all And if her Maiestie take any lesse she hath not al. Touchinge therefore these false feined and sclaunderous resolucions as they are by you moste vntruly forged euen so whether this bee likely that in a yeres space welnigh I would not in all our daily conference make one reason or argument out of the Scriptures or other authoritie in the maintenaunce of mine assercion and to resolue you in the same I referre to the iudgement of all the Papistes in the Realme that knowe both me and you Againe though ye doo denie that I so did therefore do report none there bee many both worshipfull and of good credit yea and some of your owne déer friendes also that are witnesses of our talke can tell what reasons I haue made vnto you bothe out of the Scriptures and other authorities and proofes out of the Churche histories suche as ye coulde not auoide but were forced to yelde vnto And whether I should so doo or not I might referre me vnto the testimonie of your owne mouthe both than and sithen spoken to diuerse that can witnesse y e same that ye affirmed this although vntruly that you neuer found any that so muche ouerpressed you as I did whiche your saiyng although most vntrue yet it showeth that somewhat I said to confirme mine assertion and to confute yours M. Fekenham Hereunto I did make this obiectiō folovving These vvorde of the first part of the othe I. A. B. doo vtterly testifie and declare in my cōscience that the Q. highnes is the only supreme gouernour of this Realme as vvel in al Spiritual or Ecclesiastical thinges or causes as Temporal ▪ Besides the particulers expressed in your L. interpretation made thereof they doo by expresse vvordes of the acte geue vnto the Queenes highnes all maner of iurisdictiōs priuileges and preheminēces in any vvise touching and concerning any concerning any Spiritual or Ecclesiasticali iurisdiction vvithin the Realme vvith an expresse debarre and flat denial made of al Spiritual iurisdictiō vnto the Bishops thereof to be exercised ouer their flockes and cures vvithout her highnes Speciall commission to be graunted thervnto They hauing by the expresse vvorde of God cōmission of Spiritual gouernment ouer them commission to lose and bind their sinnes Commission to shut and opon the gates of heauē to them Commission to geue vnto them the holy ghost by the impositiō of their hādes And thei hauing by the expresse vvord of God such a daungerous cure and charge ouer their soules that God hath threatned to require the bloud of suche as shall perishe at their handes Notvvithstanding these and many such other like commissions graunted vnto them for the more better discharge of their cures and that by the mouth of God they may not exercise any iurisdiction ouer them they may not visit them they may not reforme them they may not order nor correct them vvithout a further cōmission from the Q. highnes Surely my good L. these thinges are so straunge vnto me and so contrary to all that I haue rede that I am not hable to satisfie my conscience therein Youre L. aunsvver vvas that for as muche as all Spirituall iurisdiction and authoritie to make Lavves and to iudge the people in courtes Ecclesiasticall to visit them to reforme them to order and correct them doth depende onely vppon the positiue Lavves of Kinges and Princes and not vpon the Lavve of God Therfore neither did the Apostles of Christe neither the Bishoppes and their successours may exercise any iurisdiction vpon the people of God iudge thē visite them refourme order and correct them vvithout authority and commission of the King and Prince The B. of Wynchester It is very true that after yée had quarelled muche in sondry thinges touchyng woordes and termes expressed in the Act of Parliament and in the interpretation of the Othe Yée did neuerthelesse finally agrée in the whole matter thereof finding onely doubt in one pointe of mine assertion namely touchyng iurisdiction Spirituall or Ecclesiasticall all whiche you affirmedcon trary
power and authoritie to the Prince to execute the Iurisdiction now vnited and annexed to the Crowne by méete delegates to be assigned named authorised by cōmission or letters patentes vnder the great Seale of Englande If yée will hereof inferre that bicause the Princes haue by vertue of the acte full power and authoritie to name assigne and authorise any person whome they shal thinke méete to exercise vse occupy and exequute vnder them all manner of iurisdictions priuileges and preheminences in any wise touchinge or concerning any Spirituall or Ecclesiastical iurisdiction with in their dominions or countreies Therefore all manner iurisdiction is in the Prince to be exercised vsed occupied and exequuted by them for otherwise you will say the Princes cannot geue and committe to others that which they haue not receiued and is not in them selues Your argument is easily answeared in fewe woordes it is a foule Sophistication a secundum quid ad simpliciter These woordes of the Acte all manner in any wise are restrained and bounded within the limites of the gifte where you of purpose to beguile the simple with all doo let them runne at lardge and sette them foorth as méere and simple vniuersalles without any limites at all The Act geueth or restoreth to the Prince iurisdictions priuileges superiorities and preheminencies spirituall Ecclesiasticall but it addeth this Limitacion suche as by any Spirituall or Ecclesiastical power or authoritie hath heretofore béene or may lawfully be exercised or vsed And for that these woordes as by any Spirituall or Ecclesiasticall power or authoritie hath heretofore been or may lawfully bee exercised and vsed may bee maliciously stretched by a wranglinge Papist and might seeme to some that haue good meaning also to geue ouer large a scope the matter or obiect wherein or where about these Spirituall or Ecclesiasticall iurisdictions priuileges superiorities and preheminences are exercised vsed and doo consiste is limited and added in these expresse woordes for the visitation of the Ecclesiasticall state and persones and for reformation order and correction of the same and of all manner errours heresies Schismes abuses offences contemptes and enormities whiche woordes of limitation in y e gifte as they geue not to the Prince the exercise of that iurisdiction that consisteth and woorketh in the inwarde and secrete Courte of conscience by the preaching of the woorde and mynstration of the Sacramentes whiche belongeth onely and alone to the Bishoppes neither doo they authorise the Prince to vse that iurisdiction that belongeth properly to the whole Church euen so doo they geue rightly vnto the Prince to exercise all maner iurisdictions priuileges superiorities and preheminences in any wyse touching and concerninge any Spiritual or Ecclesiasticall iurisdiction conteined vnder the seconde kinde of Cohibitiue iurisdiction for that may the Prince lawfully exercise and vse and doth not belong vnto the Bishops otherwise than by commission and authoritie of Positiue lawes This limitation of iurisdiction set forth by expresse wordes in y e Act you know right wel ye were also at sundry times put in minde thereof and you were wel assured that your alleaging y e wordes of the Act so darkely confusedly and vntruely could not further your cause amongest the wise and yet woulde you néedes publishe them in this sorte to the people whereby at the least to make both Prince and the Lawe odious vnto the simple subiectes The Bishoppes haue by the expresse woorde of God commission of Spiritual gouernmēt ouer their flock that is to féede the flock of Christ committed to their charge with Gods holy woorde as I haue declared before Thei haue commission to absolue the faithfully penitent and to reteine or binde the impenitent that is to declare and assure both the one the other by the worde of the Gospel of Gods iudgement towardes them What wil ye inferre hereof will ye cōclude therfore they haue all maner of spirituall gouernement or iurisdiction ouer them Yonge Logicians knowe this is an euell consequent that concludeth vpon one or diuerse particulers affirmatiuely an vniuersall Thus ye argue Bishoppes by the expresse worde of God haue commission to preache to their cures to remitte or reteine synnes Ergo they haue commission by the expresse woorde of God to Sommon councels or Synodes generall or prouinciall to visite that is iudicially sitting in iudgement to enquire of mens manners and forinsically to punishe or correct and to decide the controuersies amongest the people touching contractes of matrimony whoordome tyethes sclaunders c. and to ordeine decrees Lawes ceremonies rites c. If this conclusion followe consequently vpon your antecedēt than doth it ouerthrowe the doctrine of your Romishe diuinitie whiche graunteth not to the Bishoppes immediatly from God this power without a speciall commission from the Pope in whome onely as the Papistes saye is fulnes of iurisdictiō and power But if this conclusion followe not consequently vpon the antecedent as a man more than halfe blynde may plainely see it doth not than haue ye concluded nothing at all by Christes diuinitie that may further the matter yee haue taken in hande to proue You falsely reporte the Scriptures in this that you say the Bishops haue commission by the expresse woorde of God to geue vnto their flockes cures the holy ghost by the imposicion of their handes For the place which yée quote for that purpose expresseth no suche commission neither any other place of the holy Scriptures The Bishoppes haue so daungerous a cure and chardge ouer the soules committed vnto them that God will require the bloud of those that perishe thorough their negligence at their handes and therfore hath geuen them sufficient commission for the dischardge of their cures It were therefore an horrible absurditie if they might not exercise any Iurisdiction ouer thē if they might not visit refourme order and correct them by that commission without a further commissi●n from the Q. highnes But doo yée not perceiue which the most simple may sée whereof also yée often were admonished by me your warblinge slaight and Sophisticall quarellinge in equiuocation of woordes termes As there are twoo sortes of Iurisdiction whereof the one not Cohibityue properly belongeth to the Bishoppe whiche he may and ought to exercise ouer his flocke without any other commission than of Christ so to visit refourme order and correct are of twoo sortes the one a Scripturely visitacion reformation and correction by the onely woorde of God which the Bishoppes may and ought to exercise in time and out of time with all possible watchefulnes and diligence without any further commission The other kinde of visitacion reformation correction is Forinsecall or courtly whiche I comprehende vnder the seconde kinde of Cohibitiue Iurisdiction and this the Bishoppe may not exercise without a further commission from the Prince Wherefore it is ouer foule an absurditie in you to inferre that the Bishoppes may not exercise any Iurisdiction visitacion reformacion or correction bicause they may
not vse this Forinsecall or courtly without the Princes commission M. Fekenham VVhereunto I do adioyne this obiection follovving First for the time of the olde lavve vvhiche as Paule saide vvas a very figure of the nevve Moses Aaron Eleazarus being Priestes they had by the expresse vvoorde of God this iurisdiction ouer the people of God as to sit in iudgement vppon them and that not onely in Ecclesiasticall but also in ▪ Politike and ciuill matters and causes they did visit them they did refourme them they did order correct and punish them so oft as cause required and vvithout all commission of any cyuill Magistrate gouernour King or Prince Besides that for the vvhole time of the old Lavve there vvas an expresse lavve made vvhereby all Cyuill magistrates and iudges vvere cōmaunded in all doubtfull matters to repayre to the Bishoppes and Priestes and to stay vppon their determinacions and iudgementes vvithout declinyng on the right hande or the left And if that any man should disobeye the determinacion once geuen of the Priest morietur homo ille like as appeareth Deut. 17. The B. of Wynchester This adiunct will not serue your turne for it is not possible to stretche it without burstinge to ioyne with that you must cōclude You beginne to ioyne your woorke togeather with a saying of S. Paule which he neuer said you should haue noted the place where S. Paule saithe that the olde Lawe was a very figure of the newe There is no suche saying S. Paule saith to the Hebrewes that the Lawe hath the shadowe of good thinges to come c. where he speaketh not generally of the whole Lawe but of the ceremoniall parte and sacrifices whiche were shadowes of Christe and his sacrifice and not of the Bishoppes Iurisdiction after Christ vnder the Law of the Ghospell Thus aptly also doo your allegations out of the olde Testament serue your purpose for one of the thrée to wit 29. of Exod. hath no woorde of this Iurisdiction onely it sheweth the manner of consecratinge the Priest and the ceremonies thereabout In the. 24. of Exod. it is saide that when Moses wente vp into the Mount he saide vnto the Elders Tary vs here vntill wee retourne vnto you Beholde Aaron and Hur are here with you if any man haue ought to doo let him come to them that is if any matter of controuersie arise in mine absence let Aaron Hur haue the hearinge and decidinge of it as I shoulde haue if I were present By this place Aaron had no authority geuen vnto him but for a time in the absence of Moses by commission from Moses the chiefe ruler and gouernour of Goddes people and that not alone but hauinge Hur one of the Elders an auncient and a wise man ioyned in commission with him This allegation maketh directly against your conclusion for it sheweth y t Aaron had this authority but by commission from Moses the Prince of the people In the thirde place Num. 27. where God shewed vnto Moses that Iosue shoulde gouerne the people after him it is saide that Iosue shoulde stande before Eleazar the Priest who shall aske Councell for him by the iudgement of Vrim before the Lord and at his woorde they shal goe out and in both he and the people of Israell that is whan Iosue standeth in doubte what to doo for the better gouernement of the people either in the time of peace or warre he shall vnderstande Goddes will therein by the high Priest to whome the Lorde will miraculously declare his will and pleasure by the light or shininge of the Vrim and Thumin and accordinge to Gods will shewed in the Vrim to the high Priest and by him to Iosue he muste direct and order his gooyng in and out Ergo say you The Bishoppes and Priestes now in the time of the Ghospell haue Iurisdiction by the expresse woorde of God to kéepe Courtes to cal Councels to make Lawes forinsecally to visit refourme order correct their flockes cures The most simple can iudge of this sequele After like sorte it is writen Deut. 17. That whan harde and doubtfull cases come before the iudges or inferiour Magistrates whiche cannot easely be tried or founde out by them than the inferiour Magistrates shall goo to the high Priest and to the chiefe iudge at Hierusalem for the time beinge who shall shewe what is to be doone whose sentence iudgement must not be disobeyed vnder the paine of death Doo you not aptly conclude thinke you that the Bishops in the time of the Ghospell ought to haue this Courtly iurisdiction bicause the high Priest and the Temporall iudge did determine doubtfull cases in y e time of the olde Testament for the Priest alone did not determine all causes as you séeme to alledge the texte M. Fekenham Seconde in the Nevve Testament like as our Sauiour Christe did committe and leaue the vvhole Spirituall gouernmente of his people and Churche vnto his Apostles and to the Bishoppes and Priestes and the successours of them So they did practise all Spirituall gouernement ouer them they did execute and geue iudgement in the Churche of Christe they did refourme order and correcte all disorder therein and that vvithout all commission ayde or authority of any Temporall Magistrate Kinge or Prince for the space of three hundreth yeeres in the prymatiue Churche of Christe vnto the time of Constantine he beynge the firste Christian Kinge and Emperour vvhiche did ioyne his svvoorde to the mayntenaunce of Goddes vvoorde The B. of Wynchester Like as the Apostles had in commission power from Christe our Sauiour to whom al power was geuen both in heauen and in earth so faithfully they executed the authoritie and charge cōmitted vnto them not seeking their owne honour by vsurpation but the glory of Christ by the abasing them seles euen vnto the death Their commission regestred by S. Mathew appeareth in these wordes Go and teache al the nations baptizing them in the name of the Father and of the sonne and of the holy ghost teaching thē to kepe all thinges whiche I haue commaunded you Howe faithfully they exercised this authoritie according to the commissiō S Luke sheweth in his Chronicle called the Actes of the Apostles and setteth foorth one notable example hereof in Paules oration made to the Elders of Ephesus called to Miletum He taketh them to witnesse that he kept nothinge back from them that might be for their profit but shewed them all the councell of God It is much maruaill that Paul shewed al Gods councel vnto them yet made no mention of any Forinsecall iurisdiction as geuen them by the commission of Gods worde The godly Bishops that succeded the Apostles for many yeres after followed the doctrine and examples of the Apostles yet neuer exercising iurisdiction Forinsecal neither iudging reforming ordering or correctinge otherwise than by preaching publikely or priuately without especiall consent and commission of their Churches during the time thei
as yee vntruely auouche and in the. 14. yee shoulde haue perceiued that he in plaine speeche proueth you a Lyar For that he denieth that these were his orders or decrees affirminge them to be the Lordes commaundementes and so dooth Theophilact Gloss ordinar and Lyra witnesse also with Paule testifiynge that these were his woordes and meaninge These places thus rightly considered it may easily appéere vnto the most vnskilfull how little your purpose is holpen by them that these groundes do faile you So that your whole shifte beynge sifted is founde naught both in matter and fourme M. Fekenham The vvhich noble Emperour Constantinus for the repres●●on of the Arians errours and heresies he did at the request of Syluester then Bishop of Rome call the first councell at Nice vvhere he had to the Bishops there assembled these vv●ordes Cum vos Deus sacerdotes constiturit potestatem tradidit iudicandi de nobis Et ideo nos à vobis recte iudicamur Vos autem cum nobis à Deo di●datisitis ab hominibus iudicari non potestis c. Valen tianus Imperator cum ille rogatus esset ab Episcopis Hellespōti Bythiniae vt interesset consilio respondit Mihi quidem cum vnus de populo sim fas non est talia perscrutari verum sacerdo●es quibus haec cura est apud s●metipsos congregentur vbi voluerint Theodosio Imperatori Ambrosius ingressu intra cancellos templi inte●dixit inquieps In teriora ô Imperator sacerdotibus solis patent c. Cui egi● ob id gratias Imperator asserens se didicisse discrimen inter Imperatorem sacerdotem The B. of Wynchester It is manifest that Constantine called the first Nicene councell but very vnli●●ly that he did it at the request of Syluester b●cause this Councell was not in the time of Syluester but whiles Iulius was Bishop of Rome who by reason of his great age coulde not be there present in his owne persone and therfore sent in his stéede Vitus and Vincentius ▪ as the Ecclesiasticall histories reporte and Epiphanius affirmeth that Constantine called this Councel at the earnest su●e of Alexander Bishop of Alexandria whereto Ruffinus addeth many other of the Cleargy also But if it be true as yée say that the Emperour called the Councell at the request of the Pope than bothe those P●pistes are L●ars which affirme that the Pope called this councell and your cause by your owne confession is muche hindered for if the Emperour called the Councell and that at the request of Syluester the Pope as y●e say or at the earnest suite of Alexander and other godly Bishops as Epiphaniu● and 〈◊〉 affirme It appeareth plainely that both the Pope and the other catholike Bishops did therby acknowledge the supreame power and authoritie to sommon and call councels whiche is a principall part of your purpose and of y e Ecclesiastical iurisdiction cohibitiue to be in the Emperour and not in them selues for otherwise they might and would haue doone it by vertue of their owne office without any suite made to the Emperour to execute that whiche belonged vnto them selues The Emperour refused to iudge the quarreling accusations of the Bishops assembled at the Nicen councell one quarreling and accusing an other referred the iudgement of them to Christ This was his modestie Policy and prudent foresighte least by sifting those priuate quarelles he might haue hindered the common cause as I haue said before and is plainely to be gathered of Ruffinus and Nicephorus and not for that he thought his authoritie might not stretche so farre as to iudge the Priestes and their matters as ye would haue it to séeme for as he him selfe protesteth this aboue all other thinges to be the chiefe scope and ende of his Emperiall authoritie namely that the catholique Churche be praeserued in vnitie of faith sinceritie of loue concorde in godly Religion and that the diseases therein ▪ as Schismes Heresies c. might be healed by his mynistery euen so forsoke he no occasion or meane whereby to woorke foorth this effect of his ministery and office whether it were at some time by relēting and remittinge some what of his authoritie or by exercising the same to the vtmost in al matters ouer all persones He thought it the best for this time by relentinge to beare with the weakenes of those fathes thereby the better to encourage them to standefast and ioyntly against the common enemy for the furtheraunce of the truthe But afterwarde whan the councel or Synode was assembled at Tyre by his commaundement and that Athanasius had made complaint vnto him of the vniust dealing of that coūcel to deface the truthe the Emperour did exercise the ful authoritie of his ministery called al y e Bishops vnto him to this ende y e he by his supreme authority might examine their doings iudge of the whole councel whether they had iudged vprightly and dealt sincerely or not This he did at the suite of the most godly Bishop Athanasius who woulde not haue attributed this authoritie to the Emperour if it had not apperteined to his iurisdictiō to haue iudged the Bishops and their doings neither would the catholique fathers of that time haue suffred this and many other suche like doinges of this most Christian Emperour to haue passed without some admonition or misliking if thei had not acknowledged the authoritie in him to be lawfull He commaunded the Bishops euery where to assemble at his appointment where and whan he would He sharply reproued Alexander Bishop of Alexandria and Arius for the cōtention stirred vp by them He iudged Caecilianus Bishop of Carthage to be lawfully consecrated and ordered and condemned the Donatistes And these Bishoppes assembled at the Nicen councell by his commaundement of whom ye speake acknowledged the Emperour to haue authoritie to iudge them and their causes or els they had doone folishly to offer their billes of complaint vnto him whom they thought had no authoritie or might not iudge and determine them But in case it were true that the Prince might not iudge the Priestes nor their causes what conclude you thereof You can not conclude your purpose for this is no more a good consequent Constantinus would nor coulde lawfully iudge the Priestes assembled at Nicen councell Ergo Bishoppes and Priestes may call councelles make Lawes orders and decrees to their flocke and cures and exercise all manner iurisoicciō cohibitiue Then this Yorke standeth but. iij. myles from Pocklington Ergo your pocket is full of plummes of the like fourme also are the consequentes that yee make vpon the histories of the Emperours Valentinian and Theodosius And as you can not fasten your purpose by any good sequele vpō these histories so that history that ye alledge of Valentinian maketh muche again your purpose First it is vncertein and may be doubted whether this aunswere that ye affirme to be Valentinians were his or Valens the