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

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should repaire to his Court and open to him the decrees of the Councell That he might consider saith Sozomenus whether they were agreed according to the Scriptures and that he might further determine and conclude what were best to be done In briefe Cardinall Cusanus doth acknowledge that he did euermore find that the Emperours and their Iudges with the Senate had the primacie and office of presidence in the eight generall Councels In regard whereof Odoacer did in this sort expostulate with Pope Symachus and the Clergie of Rome We marueile that any thing hath been attempted without vs for without vs nothing should haue been done our Priest being aliue In like manner Nicephorus did write to the Emperour Emanuel Paleologus You are the captaine of the profession of our faith you haue reformed the Temple of God from Marchants and exchangers of the heauenly doctrine and from heretickes by the word of God During this time a stiffe strife did arise betwixt the Bishops of Rome and the Bishops of Constantinople as did once among the Disciples of Christ whether of them should be greatest In the Councell of Nice it had been decreed that the first place should be giuen to the Sea of Rome the second to Alexandria and the third to Antioch for the Citie of Constantinople at that time was not built neither was Hierusalem then a patriarchall Sea But after that Constantinople was aduanced to be the head of the Empire the Bishop thereof did claime prerogatiue before all the rest affirming as Platina and out of him Sabellicus doe write that where the head of the Empire was there also should be the principall Sea The Bishop of Rome answered that the Citie of Rome from whence a colonie was brought to Constantinople was in right to be esteemed the head of the Empire for the Graecians did vse to stile their Prince 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Emperour of the Romans and they themselues were also called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Romans In this contention Platina affirmeth that diuers Emperours fauoured the Bishops of Constantinople In the Councell of Chalcedon it was decreed that the Church of Constantinople should stand in one degree of dignitie and enioy equall priuiledge with the Church of Rome The same equalitie was also decreed in the second Councell of Constantinople and confirmed by constitution of Honorius and Theodosius By a constitution of Leo and Athemius the Bishop of Constantinople is declared to haue precedence of place before all others which law was alleadged by Photius to confirme the primacie of the Patriarch of Constantinople Iustinian declareth that the Church of Constanti●nople was the head of all other Churches Which constitution is omitted in some editions of Iustinians Code Mauritius admonished Gregorie the first to beare obedience to Iohn Bishop of Constantinople Afterwards Pope Gregorie the third with much adoe as Platina writeth obtained of Phocas Emperour or rather as Zonoras and P. Diaconus do discribe him the wilde drunken bloodie adulterous tyrant of Constantinople that the Sea of Rome should be the chiefe of all other Churches But this was an errour in the Emperours of Constantinople first to settle so great dignitie and prerogatiue in a place far distant from the principal seat and strength of the Empire Secondly to permit affaires of so high nature to depend vpon direction of any one within their Empire For by this meanes the Bishops of Rome did steale into such strength with the common people that by their Interdictions only they were of power to withdraw them from paying tribute and bearing alleagance to the Emperours of Constantinople vpon occasion that Leo surnamed Iconomachus had caused the Images of Saints to be taken downe Finally they pulled the west-part of the Empire from their subiection and left the residue with that mortall maime to be a pray to the barbarous infidels The west Empire flourished for a time first in France and afterwards in Germanie and the most apparant cause whereby it was broken and beaten downe was the absolute vnlimited power which the Bishops of Rome challenged principally in Ecclesiasticall affaires and consequently in all For by entitling themselues the Vicars of Iesus Christ the Spouse of the Church the Soueraigne Bishop and Prince of all others the Maisters and Lords of all the world for these are the titles which Innocent the third Boniface the eight Clement the fifth and diuers others haue assumed by exempting also both the persons and goods of all the Clergie frō secular subiection and by binding all men to their obedience in matters which concerne the soule they haue alwaies been able to stirre vp not onlie weightie warres against the Emperours but also most stiffe and vnnatural rebellions Which disordered demeanour Carion accounteth the only cause that brought the Empire to a feeble state So Iohn the third combined with Berengar the third aud Adalbar his sonne who pretended themselues to be Kings of Italy to make head against the Emperour Otho the great Pope Iohn the eighteenth made league with Crescentius and mutined the people against the Emperour Otho the third Benedict 9. to stay Henrie the blacke from entering into Italy stirred Peter King of Hungarie to beare himselfe for Emperour to whom he sent a crowne with this inscription Petra dedit Romam Petro tibi Papa coronam Gregorie the seuenth who was the first that enterprised to cause himselfe to be elected and consecrated without the consent and against the pleasure of the Emperour and who set forth a decree whereby he excommunicated all those who should affirme that either the consent or knowledge of the Emperour was herein necessarie opposed against the Emperour Henrie the fourth first Rodulph Duke of Suauie giuing charge to the Archbishops of Men●s and of Collen to consecrate him Emperour to whom also he sent a crowne with this inscription Petra dedit Petro Petrus diadema Rudolpho Afterwards weary of nothing so much as of quiet he stirred Ecbert Marquis of Saxonie against the same Emperour Galasius the twelfth raised against Henrie the fifth Emperour the most part of his subiects and especially the Archbishop of Ments whom he so strongly seconded with the Normanes that were in Sicilie that the Emperour was constrained to quit his quarrell and to yeeld the collation of Bishoprickes to the Pope Innocent the second raised against Lothaire the twelfth Roger the Norman whom he inuested in the Duchie of Pouille which the Emperour claimed to be a fiffe of the Empire At the last the contention was composed by mediation of S. Bernard who then liued and was with the Emperour wherein the Pope sped so well that he was ioyned with the Emperour in holding Bauier The same Innocent the second raised Guelphus Duke of Bauier against Conrade the third whom hee aided with monie and all other conuenient meanes This warre was so villanouslie cruell that
it giue beginning to the two factions of the Guelphes who tooke their name from this Duke of Bauier and of the Gibelins so called of Wi●bling which was the place where the Emperour Conrade had bin brought vp Against Fredericke Bar●arossa who succeeded Conrade Hadrian the fourth raised them of Milan and the other Lumbards Alexander the third stirred the Dukes of Saxon and of Austrich aiding them with all his power to intertaine disquiet in Almaine Pope Celestine the third excōmunicated Henrie the sixth Emperour the successour and sonne of Fredericke Barbarossa and depriued him of all his dignities making this the meanes to auoide him out of Italie into Almaine Against Philip brother vnto Henerie the sixth Pope Innocent the third caused Otho Duke of Saxonie to be elected Emperour whereby the Empire was embroiled with a bloodie warre Against Fredericke the second Pope Honorins the third raised the Lumbards in rebellion adioyning the Sic●ians to the side and the greatest part of the other Italians All these troubles were so tempestuous that the Emperour Radulph of Haspurge could neuer be perswaded to passe the Alpes for his coronation affirming that Italie was the denne of the Lion whereof the entrance was faire but the issue fearefull Clement the fifth armed and opposed Rebert King of Sicilie against the Emperour Henrie the seuenth because hee would not doe homage and sweare faith to the Sea of Rome and in the end caused him to bee empoisoned by a Iacob●e in giuing him the sacred host What troubles had Lewes of Bauier against Frederick of Austrich who was elected Emperour at the same time with him by the faction of Pope Iohn the 22 The same troubles were continued by Pope Clement the sixth who caused Charles the fourth King of Boheme to be elected Emperour and yet he could not enioy the Empire vntill after the decease of Lewes This Charles was a weake Prine both in counsaile and courage who in fauour of the Popes did extreamely both enfeeble and abase the Empire of Rome Nauclerus writeth that he entred the citie of Rome on foote in derision whereof a certaine Senatour began a speech which he made to the people with these words Ecce Rex tuus venit tibi mansuetus Petrarch who liued at that time did also write betweene scorne and disdaine of this deiection of the imperiall Ma●estie I omit the tragedies which Eugenius the fourth raised against the Emperour Sigismond principally to impeach the Councell of Basil. I omit that which Paul the second did to chase Frederick the third out of Italie Generally they alwaies endeauoured to endomage the Emperors not onely as hating them for so Gu●cc●ardine saith y● it grew into a proue●b It is proper to the Church to hate the Caesars but as fearing to be endomaged by them In the end partly by opposing enemies and partly by raysing rebellions against the Emperours the Popes haue bin able to expell their gouernment out of Italy Whereof our countrie man Sanderi in this sort hath written It is a thing more admirable then can be vtte●ed and able to make a man astonished that when the most puissant Emperours did for many ages display all their forces to no purpose for driuing the Roman Bishops from the citie of Rome now to the contrarie the Roman Bishops without any power haue remoued the Roman Emperours from the tower of the Empire and made themselues Lords of the Palaces of Caesars and turned the whole citie into their proper power This is true Master Sanders which you haue said but neither is it worthie of any wonder neither i● it all that which the Popes haue done What maruaile is it that most puissant Emperours could never preuaile against the Bishops of Rome when their owne subiects were persuaded that they drew their swordes against heauen and made offer like those Giants of whom the Poets write to scale the skies and to pull God out of his throne Where subiects haue bin of other opiniō there Princes haue preuailed against many Popes Againe what necessity had the Popes to vse force of armes when the consciences of men were vnder their commaund whilest this rule held good cloisters and Colledges were in stead of Castles vnto them and religious persons were in steed of many armies These were their garrisons these their soldiers these quelled the courage of all their enemies by thundring forth threats against those who disobeyed them not of death which might be peraduenture either contemned or else auoyded but of damnation which as it is most terrible so was it held for this cause vnauoydable For so Boniface the eight decreed that vpon necessitie of saluation all men must be subiect to the Bishop of Rome These forces were plāted within euery state and by these might any state be supplanted By these meanes the Bishops of Rome were easily able not onelie to driue the Romane Emperours from the chiefe tower and seate of the Empire but also making one wrong the cause of another to reduce them to a very low degree both of power and of authoritie within Almaine and to hold them as no better then vassalls to their Sea For after that eight Emperours had been excōmunicate by Popes Namely Frederick the first Frederick the second Philip Conrade Othe the fourth Lawes of Bauaria Henri● the fourth and Henri● the fifth which was occasion enough for their subiects to reuolt and for other Princes to inuade the succeding Emperours partly vnwilling but principally vnable to sustaine so sad and heauie blowes submitted themselues to the papall power renounced the right which by long custome they claimed in election of the Pope and of other Bishops And to the contrarie the Emperour Charles the fourth acknowledged by his letters Patents that although he was elected Emperour by the Princes yet hee was to bee confirmed by the Pope and to receiue the Imperial crowne from him Whereupon Pope Pius the fifth did sharpely rebuke the Emperour Ferdinand by his Legat for neglecting to receiue of him the Imperial Crowne neither would he admit the Emperours excuse but had proceeded by excommunication to compel him had he not by entreaty of the French King and of King Philip of Spaine the Emperours kinseman been otherwise appeased In the forme of the coronation of the Emperours which was approued by the Emperour Charles the fourth and is kept in the Vaticane at Rome many seruile ceremonies are contained As that the Emperour supplieth the office of a subdeacon in ministring to the Pope when he saith Masse and that after diume seruice he holdeth the stirtop whilest the Pope mounteth to horse and for a certaine space leadeth his horse by the bridle Adde heereto the kissing of the Popes feete as Charles the fifth did at Bononia at Rome and last of all at Marsielles in Prouence in the presence of diuers other great Princes adde their humb●e subscriptions to the Pope I kisse the hands and feete of your holinesse adde
Peter was to be transmitted entirely to any of his successors in place who are so farre from being mentioned as it is nothing probable that euer they were ment For as Matthias was not the worse for succeeding vnto Iudas in place so is not any man the better onely for his locall succession to S. Peter Lastly seeing the promises of God are with exception if we continue in obedience to his wil and therefore although all the land of Canaan was expresly promised to Abraham and to his seede for an euerlasting possession yet was the posteritie of Abraham for their disobedience first cast out of the greatest part thereof and afterwards dispossessed of all And although the kingdome of Israel was expresly promised to Dauid and to his seede for euer yet the succession was broken off by reason of their sinnes Againe seeing the Church of Ephesus although furnished with many excellent vertues was threatned notwithstanding that the candlesticke should bee remoued out of his place onely for that their first loue was abated If wee should suppose supposall is free that expresse promise was made to S. Peter and to his successours the Bishops of Rome that they should represent the authoritie of Christ vpon earth it will be a hard piece to perswade men who haue not abandoned their owne iudgement that this power was not long since either expired or reuoked by reasō of the dissolute disorders the irregular outrages and impieties which haue bin ordinarie in that Sea Marc●lline sacrificed vnto Idols Liberius was an A●ian another a Nestorian Anastasius the second embraced the errour of Acatius Sabinian was a man of base behauiour and altogether opposite to the vertues of S. Gregorie Constantine the second procured himselfe to be elected by corruption and force Ioan the eighth was a woman and a harlot Romanus Theodorus Iohn the tenth and Christopher were infamous for seditions symonie lust and other base abuses in life Iohn 11. the bastard of Pope Sergius was elected by fauour of Theodora his mistrisse Iohn the 13. was accused of many vile villanies before the Emperour Otho the great Boniface the 7. attained his place by corruption and maintained it by sacrilege Siluester the second was a Magician and came to his dignitie by couenanting with the diuell Benedict the 10. was compelled to quit his place because of his Symony Boniface the 8. was aduanced like a Foxe reigned like a Lion and died like a dogge What shall we say that all these were the oracles of heauen the heads of the Church the guides and grounds of religion the successors of S. Peter the Vica●s generall of Iesus Christ wil worldly Princes endure such who are not only vnseruiceable vnto them but dishonorable but rebellious for their liefetenants And seeing good life is a sruite of faith seeing faith is expressed by actions of life shall we say that these men who liued in this sort could neither erre nor faile in faith Alas how then would they haue liued if they could haue erred or failed in faith I will not digge deep into this dunghill I will not speak of the heresies of Iohn the 23. of the scandalous deportments of Eugenius the 4. of the Incests Sorceries poysonings cutthroat cruelties of Alexander the 6. of the couetousnes the cruelties the periuries the blasphemies the adulteries the Sodometries the disdainfull pride the cunning dissimulatiō and other infamous behauior of diuers other Bishops of Rome I will not speake of the two monsters lately hatched within that Sea to the broad blemish of religion to the vtter ouerthrow of ciuill societie the one aequiuocation the other par●icide of Princes raising rebellions for the cause of religion In one word to the point of our purpose as Christ denied the Iewes to be the children of Abraham because they did not the workes of Abraham and as S. Paul said that the children not of the flesh but of the faith of Abraham were to bee accounted his seede in regard whereof S. Iohn also said that many affirmed themselues to be Iewes who were not so we may safely defend that the true succession of S. Peter and of the other Apostles consisteth not in comming after thē in place but in holding their doctrine and imitating their godlines in life This saith Gregorie Nazianzene and not succession in place is in proper sense to bee taken for succession For to expresse the same iudgement and mind is to possesse the very same Chaire the difference of Sea is the difference in opinion for doctrine and for life This is a succession in truth and indeed that is only a succession in name Strato●les published in the citie of Athens that whatsoeuer the tyrant Demetrius should ordaine the same was to be esteemed holy before God and iust before men When Cambyses was desirous to espouse his Sister the fact was iustified by this law of the Persians The King may do what soeuer he please Doubtlesse said he many Bishops of Rome in claiming Hyperbolicall power to beare through Diabolicall dristes haue bin rather successors to these men then vnto any of the Apostles To conclude with answere vnto those who can find a difference betweene the Pope and the Pope betweene the Pope as being a man and the Pope as being Bishop of Rome betweene the Pope in his Consistory and the Pope in his Palace or among his Souldiers in the field betweene the Imperiall and Pontificall Pope I will tell you what Fulgosius he that was throwen out of state in Liguria reported of a certaine Archbish●p of Colen As this Archbishop being also Duke of Colen passed through a small Village in Germanie with so great a trame of armed men according to the fashion of that people that it neerly approched the greatnes of an armie a certain countrie fellow brake forth into a loude laughter against him And being therefore presented before the Archbishop hee boldly said that hee could not refraine both to laugh and to admire considering the great pouertie the great humilitie wherein the Apostles passed the trauailes of this life that they who carrie themselues for the Apostles successours should thus plunge themselues both in plentie and in pride Simple fellow said the Archbishop I doe now beare the state and presence of a Duke I represent an Archbishop when I am within the church At this speech the fellow did ●ise into a more broad and bolde laughter And being demaunded the cause thereof I pray you said hee whilest this Duke ruineth the Church both by action and example how is the Bishop in the meane time busied and when this Duke for this cause shall goe to the diuell what shall then become of the Bishop There was not any amongs vs who did not countenance this conceit with a smile And this had put a period to our discourse had not one maintained it with further speech that he would gladly heare these questions so fullie followed as then hee saw
Prophet Dauid Augustus annexed the greatest pontificate to the imperiall dignitie to whom the people by the law of Royalty transferred all their power as well in religious as in ciuill affaires Suetonius writeth that C. Caesar was at one time greatest Pontifex and also Augur Seruius testifieth that C. Caesar being Pontifex M. Terrentius Varro did write vnto him a booke concerning their sacred and religious rites Againe Suetonius affirmeth that Galba did beare three Priest-hoods The same Suetonius saith that Claudius Caesar had the Priest-hood in such honorable estimation that he neuer made choise or nomination of 〈◊〉 vntill he had been sworne In regard of this connexion of the Empire and pontificate Tacitus did write nunc deum munere summum pontificem su●●●um hominum esse The greatest pontificate was also borne by Vespasian Traiane and diuers other Romane Emperors the Maiestie of which Emperors was esteemed most sacred in so much as diuine both titles adorations were giuen vnto them Their Statues and Images were sacred and adored as Tacitus and Vegetius do report it was treason for any man either to pul away or to violate those who did flie vnto them to melt them also and also to fell them Tacitus writeth that L. Ennius was accused of treason for melting the Image of the Prince which accusation although Tiberius did forbid to proceed yet Suetonius affirmeth that he commanded one to be arraigned for taking the head from the statue of Augustus and setting another vpon the same This kind of accusation grew to that degree that it was capitall for a man to beare the Image of the Prince stamped in money or engrauen in a Ring to any vncleane or vnseemely place Yea Seneca saith that vnder the Empire of Tiberius a certaine noble man was accused of treason for mouing his hand to his p●iuie parts in making vrin when he did weare a ring vpon 〈◊〉 finger whereon was ingrauen the Image of the Prince So great was the reuerence borne vnto them Vpon this generall both authoritie and vse for Princes to manage diuine affaires St. Hierom hath said The priuiledge to offer sacrifice was due to the first borne but most of all vnto Kings And yet in these times the Emperours reserred many matters pertaining to their religion to be determined by the Senate partly for expedition and ease partly for that they would not draw all authoritie from the senate at once So Tacitus writeth of a decree of the Senate for expelling of the ceremonies of the Aegyptians of the Iewes Likewise vnder Claudius a decree of the Senate was made that the Pontifex should consider what ceremony of the Aruspices should be reteined So Tiberius referred to the Senate whether Christ should be receiued among the Romane Gods which in no case they would consent to decree because he had been worshipped for God without the publike authority of the Empire The like is reported to haue bin both purposed and propounded by Hadrian who commanded also that Temples should be built in euerie Citie without any Idols The like purpose in Alexander Seuerus is affirmed by Lampridius to haue been crossed vpon assurance made vnto him from those who gaue answere by inspection of Entrailes that if Christ should be receiued for God all men would become Christians and the other Temples should be forsaken But when he that would not be worshipped with other Gods was both admitted and adored for God alone when the Christian faith was publikely embraced in the Romane state religion was both aduanced and ordered by Imperiall authoritie For so Socrates testifieth in these words From that time when the Emperours began to be Christians the affaires of the Church depended vpon them in so much as the greatest Councels were alwaies assembled by their appointment So Chrysostome calleth the Emperour the height and head of all men in the world and one that hath no equall vpon earth And so did Leo the first write to the Emperour Leo that royall power was giuen him not only for gouernment of the world but especially for the safegard of the Church And so likewise Gregorie Bishop of Rome affirmed that power is giuen to Princes from heauen not only ouer Souldiers but ouer Priests Optatus saith there is no man aboue the Emperour but only God who made the Emperour But this is most euidently declared in the answere of Demetrius Chomatenus in these words The Emperour being both in common estimation and in very truth a skilfull gouernour is president and giueth strength to synod all sentences he setteth Ecclesiasticall orders in forme he giueth law for the life and ciuil cariage of those who serue at the Altar And againe to speake in one word the office of sacrificing only excepted the Emperour representeth the other priuiledges of a Bishop And therefore St. Augustine enu●ighed against the heresie of the Donatists in that they affirmed that the Church ought not to vse either lawes or any assistance from Princes And that speech of Donatus was iustly condemned Quid est imperatoricum ecclesia What hath the Emperour to do with the Church Two parts in the Church may separatly be considered the externall forme which consisteth in the politicall gouernment thereof and the essentiall forme consisting in the true substance and foundation of faith Concerning the first we may find many things aunciently ordered in the Church by Christian Emperours For so Constantine the great Anastatius and Iustinian the first established order for expence and forme of funerals The Emperours Gratian Valentinian the second and Theodosius the great prohibited that any corpes should be interred within the seates of the Apostles or Martyrs Honorius and Theodosius ordeined how many Deacons should be in the Church of Constantinople and what immunities euery Church should enioy Leo and Anthemius forbad alienation of lands pertaining to the Church Valentinian Theodosius and Arcadius did prohibite that any should be receiued for a Diaconisse who was not aged aboue fiftie yeeres which was afterwards confirmed by Iustinian Honorius and Arcadius forbad that Clerkes should haue any thing to do with publike actions or pleas Iustinian added that they should absteine from play and from all open spectacles and shewes Leo and Anthemius enioyned Monkes and religious persons not to depart out of their Monasteries and to liue in that modesty and sincerity wherto the imperiall lawes did bind them and that no Clergio man should be ordained by way of corruption or conuented in Iudgment in a place farre distant from his abode Iustinian ordained that vpon a certaine day in the weeke Bishops should go and visite the prisons to enquire for what cause euery prisoner is detained and to admonish the Magistrates to execute iustice In another
constitution he ordeined what manner of Clerkes should be ordained in the Church that Clerkes should not remoue themselues from a lesse Church to a greater and that the rents of the Church should be expended to godly vses and acts Hee appointed also the time for monasticall profession and the rules which Monkes should leade He established his ordinance for the election life and behauiour of Bishops and other Ecclesiasticall persons that they reside vpon their charge that they resort not to the Court except they be expressely called that they celebrate not diuine offices in any place which is not consecrated to the seruice of God He declared what causes should be lawfull for diuorce and separation of mariage as Theodosius the yonger and Valent. the third had done before him He ordained also that the holy Scriptures should be read in the vulgar tongue and appointed what translations should be in vse It would bee both tedious and vnnecessarie to make long stay vpon rehersall of those imperiall lawes which haue bin both receiued and reuerenced for gouernment of the Church For Iustinian professed that by authoritie of the lawes both diuine and humane affaires were well ordered and againe there is nothing but may be examined by authoritie of the Emperour for hee receiueth from God a generall principallitie and gouernment ouer all men The same is acknowledge by Pope Gregorie in his epistle to Mauritius To this end is power ouer all persons giuen from heauen vnto my Lord for assistance of good men and enlargement of the way to heauen Whereupon Espencaeus saith that Gregorie the great did ingeniouslie acknowledge a soueraignetie in Emperours ouer priests So Balsamon hath said that the Emperours had power to appoint patriarchall seas according to the power giuen them from aboue Whereto doth that of Isodore agree Princes of the world haue their authoritie and power in the Church that the ecclesiasticall discipline should bee held in strength that they who will not obserue it by admonition of the priest should be constrained by force of the Magistrate Yea diuers of the papall decrees for ordering of Ecclesiasticall affaires were lawes made by Christian Emperours of which lawes many are yet extant in the Codex of Theodosius The Canon Iudicantem expressing the office of a Iudge in cognisance of causes attributed by Gratian to Pope Eleutherius was made by the Emperor Constantine The Canon si quis Iratus attributed to Pope Fabian against accusers is a law of the same Emperour Constantine in the Codex of Theodosius The Canons which goe vnder the names of the same Fabian of Sixtus and of Hadrian concerning the same subiect are found to bee made by Gratian the sonne of Valentinian the first The decrees of Pope Caius and of Pope Iohn for restitution of Church goods taken from Bishops when they were forced from their sea are the Edictes of the same Emperour Gratian. The Canon qui ratione attributed to Pope Damasus for order in accusations is comprised in Theodosius Code vnder the name of the same Emperour The Canon nullus vnder the name of Pelagius was made by the Emperours Honorius and Arcadius The Canon quisquis vnder the name of Eutychian was promulged by the Emperours Honorius and Theodosius The Canon consanguineos for separation of marriage contracted within the prohibited degrees of consanguinity is a constitution of the Emperour Constantine the great The Canon Priuiligia for confirmation of the priuiledges of the Church vnder the name of Anacletus is a constitution of the Emperours Theodosius and Valentinian In a word the volume of decrees is filled with diuers constitutions of Christian Emperours either assumed by Popes or attributed vnto them without expressing either the name or authoritie of the Emperours And touching the rest Pope Honorius acknowledged that it was by decree of the Emperour Iustinian that the Canons of th● Fathers should haue the force of lawes Now when any difference did arise in matters of faith when any great schisme or disturbance was maintained in the church the Emperours did vse to assemble their Bishops in common Councell and those things that were by them decreed were afterwards confirmed by Imperiall constitution So Nicephorus and Eusebius doe write that Constantine the great hauing imployed Hosius Bishop of Corduba for composing the difference betwixt Alexander Bishop of Alexandria and Arrius wherewith the Church was exceedingly disturbed and perceiuing his good purpose thereby nothing aduanced assembled by his authority the Councel of Nice in Bithynia which he honored with his presence and defrayed the charge of 308. Bishops that were called to that Councell Of whom Eustachius Bishop of Antioch or rather as the Canon law affirmeth Constantine himselfe was president The forme of faith agreed vpon in this Councell was presently confirmed by Constantine and both imparted and imposed vpon others who had not bin present and charge giuen vnder paine of death that none should secretly preserue any of the bookes of Arrius from the fire Afterwards the same faith was both declared and confirmed by constitution of the Emperours Gratian Valentinian and Theodosius The generall Councel of Constantinople was assembled against the heresie of Macedonius by Theodosius the great The Bishops assembled in this Councel wrote thus in humble maner vnto the Emperour Theodosius We beseech your Maiestie that as you haue honored the Church by your letters wherewith you haue called vs together so it may please you to confirme the finall conclusion of our decrees with your sentence and with your seale The generall Councell of Ephesus was assembled by authoritie of Theodosius the yonger against the heresie of Nestorius The decrees of this Councell together with the decrees of the Councell of Nice containing the profession of Christian Faith was confirmed by a constitution of Theodosius and Valentinian whereby also the writings of Nestorius are condemned to the fire The fourth generall Councell was appointed by authoritie of the Emperour Martian first to be held at Nice afterwards vpon certaine occasions it was assembled at Chalcedon In this Councel Euagrius writeth that both the Bishops and temporall Iudges did oftentimes suspend their decrees in this sort Vnto vs it seemeth right if it shall also like our most vertuous and godly Lord the Emperour And in the end it is thus concluded all our doings being referred to the Emperours Maiestie Lastly the decrees of this Councell touching Christian Faith were confirmed by a publike constitution of the same Emperour Martian The fifth oecumenicall Councell was assembled by Iustinian the first and the sixth by Constantine the third both of them in the Citie of Constantinople The last of these Councels Constantine subscribed after that he had commaunded that ten Bishops of the East and ten of the West