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 coÌ„maunde 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 senteÌ„ce 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 fasâ—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
at the humble sute of Bonifacius by chaunce againste righte be chosen thorough the vndiscreete contention of the Electours wee permitte neither of them to be Prieste or Pope but wee iudge him to remaine in the Apostolique sea whome the diuine iudgement and the common consente dothe appointe from amongest the Clergy in a newe Election Vppon this woorde where the Emperour saithe wee permitte the Glosar saith and so the Emperour dothe not onely abrogate the clayme of bothe those that be chosen in the contention but dothe make them bothe for that time vnable and dothe decree an other to be taken out of the Clergie for that time Againe the Glosar interpretinge this the diuine iudgement saithe this is the meaninge that the Emperours will and election muste stande the Clergy and the whole people acceptinge with thankefull minde whome the Emperour doth choose For the Emperours were called in those daies holy and their rescriptes and iudgementes Diuine Here you sée by the Popes decrées and Glosars that the Emperour had the supreme rule and gouernement in Churche causes and this was the continuall practise of the Churche for the most parte yea euen the Bishoppes of Rome before they were ordered and consecrated had their election ratified and confirmed by the Emperours their Lieutenaunt or other Princes Sabellicus speakinge of the contentious entraunce of Damasus the first into the Papacy whiche was not without great bloudshed as Volateranus saith dothe note the ambition of the Prelates to be the cause of suche contention about their atteininge of such roumes For now saith he the ambicious desire of honour had by litle and litle begon to entre into the mindes of the Bishoppes The whiche was proued ouer true not onely in the elections of the Bishoppes of old Rome but also in many Bishoppes of other Cities especially of newe Rome These diseases in the Churche mynisters and the disorders thereout springyng the Emperours from time to time studied to cure and refourme wherefore Theodosius and Valentinianus when they sawe the great hoouing and shoouinge at Constantinople about the election of a Bishop after the death of Sismius some speakinge to preferre Philippus other some Proclus both beinge mynisters of that Churche did prouide a remedy for this mischiefe to witte they them selues made a decrée that none of that Churche shoulde be Bishop there but some straunger from an other Churche and so the Emperours sent to Antioche for Nestorius who as yet was thought both for his doctrine and life to be a fitte pastor for the flocke and made him Bishop of Constantinople As Constantinus and Theodosius the elder euen so Theodosius the seconde a very godly Emperour hauing practisinge the supreme gouernment in Ecclesiasticall causes séeinge the horrible Heresies spronge vp deuidinge the Church but specially by Nestorius did by his authoritie call the thirde generall councell at Ephesus named the firste Ephesine councell geuinge streight commaundement to all Bishops wheresoeuer that they shoulde not faile to appeare at the time appointed and further vsed the same power and authoritie in the orderinge and gouerninge thereof by his Lieutenaunt Ioannes Comes Sacrensis that other Godly Emperours had béene accustomed to vse before him accordinge to the continuall practise of the Churche as it is plainely set foorth in the booke of generall Councelles In this councell there happened so gréeuous contention betwixt Cyrillus Bishop of Alexandria and Iohn Bishop of Antioche bothe beynge otherwise godly and learned men that the councell was deuided thereby into twoo partes the occasion of this Schisme was partely that Cyrillus and certaine other with him had procéeded to the condemnation of Nestorius before that Ioannes with his company coulde come and partely for that Ioannes of Antioche suspected Cyrillus of certaine Heresies misdéeminge that Cyrill had made the more haste to confirme them before his comminge He therefore with his associates complaineth and laieth to Cyrilles chardge that he did not tarie accordinge to the commaundement of the Emperour for the comminge of the Bishoppes of other Prouinces whiche were called thither from all partes by the commaundement of the Emperour That whan the noble Erle Candidianus commaunded him by writinge and without writinge that he shoulde presume no suche matter but that he and those that were with him shoulde abide the comminge of the other Bishoppes neuerthelesse he procéeded that he and his companie were the authours of dissention and discorde in the Churche and that they had geuen the occasion that the rules of the Fathers and the decrées of the Emperours were broken and troden vnder foote wherefore they iudge Cyrill of Alexandria with Memnon Bishop of Ephesus to be deposed frō their Bishoprikes and Ecclesiasticall mynistery the other their associates to be excommunicate The whiche their doynges they signifie to the Emperour Theodosius by their Sydonical letters to vnderstande his pleasure in allowing or disallowyng of their Synodicall actes After this came the Bishoppe of Romes legates before whome in the councell Cyrillus and Memnon offered vp their libelles deposinge a contestation againste Iohn and his partie to haue them cited and render the cause of their deposition The Bishoppe of Romes legates with the consent of the councel on that parte sendeth for Ioannes and his parties who returneth this answeare Neither sende you to vs nor wee to you bicause wee looke for an answeare from the Prince touchinge you Therefore saith Liberatus Cyrill and Memnon seekinge to reuenge them selues did condemne Iohn and all those that stoode with him who suffered many displeasures at Ephesus thorough the pride of these twaine The Emperour sendeth to the whole Councell his answeare in writinge on this sorte Wee allowe the condemnation of Nestorius Cyrillus and Memnon the other actes and condemnations whiche you haue made ▪ wee disallowe obseruinge the Christian Faithe and vprightnes whiche wee haue receiued of our Fathers and progenitours c. Certaine of the Bishoppes did satisfie the Emperour whome he commaunded to enter into the Churche and to ordeine an other Bishop for Constantinople in the place of Nestorius These thinges thus doone the Emperour dissolued the Councell and commaunded the Byshoppes to departe euery man to his owne countrey Within a while after the Emperour perceiuinge the dissention betwixte Cyrill and Iohn to continewe whiche he thought was not to be suffered called Maximianus and many other Bishoppes that were then at Constantinople with whome he consulted howe this Schisme of the Churches might be taken away Whose aduise had the Emperour sente a noble man named Aristolaus with his letters to Cyrill and Iohn commaundinge them to come to an agreement and vnitie betwixte them selues otherwise he woulde depose and banishe them bothe Whereuppon followed a reconciliation betwéene the twoo Bishops and muche quietnes to the Churches Eutyches stirred vp muche trouble in these daies wherefore he was cited to appeare before Flauianus Bishop of Constantinople and other Bishoppes assembled in a Synode
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 theâ—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 supplicatioÌ„ 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 theÌ„ 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
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
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 successioÌ„ 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 FrauÌ„ce 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 whaÌ„soeuer 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 â— Clergy in what sort they shalbe punished if thei coÌ„mit whordome likewise against sorcery wytchcraft diuinacions incantations all kinde of prophane superstitioÌ„s If there were no more exaÌ„ples 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 mattâ—â—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
them according to Goddes will and your holy aduise in suche sorte ▪ that neither I be founde reproueable in Goddes sight neither you nor the people incurre Goddes wrathfull indignation for these thinges howe this may be searched founde out and brought to perfection that I committee to be entreated by you and so to be declared vnto me The lesser matters also whiche in generall touche all but in especiall some and neede reformation I will that yee make enquirie of them and make relation vnto me thereof as for example if the rulers in the countreys neglect or sell Iustice if they be takers or oppressours of the Churches widowes orphanes or of the poore Yf they come to the sermons Yf they doo reuerence and obey duely their Priestes Yf they presume to take in hande any new opinions or argumentes that may hurt the people c. The Bishoppes after they had consulted vpon these matters doo make relation vnto the Emperour what they had done shewynge him that they had founde some of the Bishoppes and chiefe Mynisters faulty and humbly pray the Emperour on their behalfe that he will of his goodnes graunt these some space to amende their faultes They complaine to the Emperour of Bishops Priestes for lacke of preachinge and that noble men gentle men come not vnto those few sermons that bée And so then recyte many other enormities as about tythes incest and suche like especially in religious persones who for the most parte are cleane out of order And to bringe these to their former order and state resteth say they in your disposicion ▪ Thus doth this Kinge take vppon him and thus doo the Bishoppes yéelde vnto him the gouernment aswell of Ecclesiasticall as Temporall causes and thinges On this wise did Lodouicus alwaies exercise him selfe in so muche that for his carefull gouernment in Churche matters he was surnamed Pius the godly as his father before him was called Magnus the great Pope Leo. 4. writeth his humble letters vnto Lotharius on the behalfe of one Colonus who was chosen to be Bishop of Reatina but he might not consecrate him without the Emperours licence first obteined thereunto and therfore praieth the Emperour of his fauour towardes Colonus Vt vestra licentia accepta ibidem Deo adiuuante eum consecrare valeamus Episcopum That hauinge your licence wee may haue authoritie by Goddes helpe to consecrate him Bishoppe there Vppon this woorde Licence The Glossar noteth the consente of the Prince to be required after the election be made Nexte to Leo sauinge the woman Pope Iohan was Benedictus 3. chosen who was ratified and confirmed by the Emperours authoritie who sente his Embassadours to Rome for that purpose This Pope is commended for his greate godlines But he was ouer godly to liue longe in that sea neuerthelesse he was not so godly as the moste of his successours were al together vngodly as your owne writers make reporte And to note this chaunge the better Nauclerus telleth of diuerse wonders howe the Deuill appeared in an vgly shape and hurled stones at men as they went by set men togeather by the eares bewraied théeues and priestes of their lemmans and such like Howe it rained bloudde thrée daies and thrée nightes How great Grassehoppers with sixe wynges and sixe féete and twoo téethe harder then any stone couered the grounde and destroied the fruites not altogeather vnlike those Grassehoppers that S. Iohn noteth in his Reuelation to come from the bottomlesse pitte after the starre was fallen After this folowed a great pestilence Whiche woonders if they be true be not vnwoorthy the notinge consideringe the chaunge that folowed For hitherto still from time to time although some Popes did priuily attempte the contrarye yet the Emperours alwaies kepte the confirmation of the Pope the inuesturinge of Bishoppes and the orderinge of many other Ecclesiasticall matters tyll the next Pope beganne openly to repine at the matter and his successour after him to Curse and some of those that folowed fell from chidinge and cursinge to plaine fightinge for the same In the whiche combate though with muche adooe at length they wroonge them selues from vnder the Emperours obedience Yet alwaies euen hitherto Princes haue had no litle interest in Ecclesiasticall causes as hereafter shall appéere After Benedictus was Nicolas chosen whom the Emperour him selfe beynge present did confirme as witnesseth Nauclerus At the same time was the Emperour Lodouicus 2. at Rome who confirmed the Popes election The same also saith Martyn to the whiche Volateran addeth of the Emperour the Pope De communi consilio ambo cuncta gerebāt All thinges were doone by common counsaile or consent of bothe the Emperour and the Pope And least it might be thought he meaneth not as wel Ecclesiastical as Temporal matters Sabellicus maketh the matter more plaine affirming that the Emperour and the Pope had secrete conference together many daies and had consultation both touching the matters perteining to Christian Religion and also of the state of Italy And a litle after talking of the Pope The Pope decreed by the consent of Lodouicus that from thence foorth no Prince no not the Emperour him selfe should be present in the councell with the Cleargie onles it were when the principall pointes of faith were treated of Hitherto in all these Ecclesiasticall causes the Emperour hath the doinge as well or more than the Pope But this last decree that by the allowāce of the Emperour the Pope made exempteth Temporall Princes from Ecclesiasticall matters in their councelles though in the most principall matters Ecclesiastical cōcerning faith it leueth to them their interestes Martinus the second gat into the Papacie malis artibus by naughty meanes saith Platina and as is noted in the margent it was in this Popes time that first of all the creation of the Popes was made without the Emperours authoritie But this Pope died so shortely as he came in naughtily After whom Adriā the third like vnto his predecessour the second of that name who by cūning sleight practised to defraude the Emperour of his authoritie espying oportunitie by reason that Charles the Emperour as Sabellicus saith was farre of busied in the warres doth promote this matter to be decreed by the Senate and the people and this he did immediatly after he was made Bishop and persuadeth them that they doo not hereafter wayte for the Emperours approbation and confirmatiō in appointing their Bishop but that they shoulde kepe to them selues their own fredome The whiche thinge also Nicolaus the firste with others attempted but coulde not bringe it to passe as Platina reporteth Who also wryteth that the Romaines had conceiued an hope of great libertie in the hauty courage of this Pope beinge a Romaine borne But to their great griefe he within a while was taken from them The next Pope Stephen had an obscure tyme sauing that Charles therein called a councell at Collen and after him Arnulphus the Emperour other twoo the one
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 coÌ„siste 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 Aâ—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 â— 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 coÌ„mon 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 â— 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 conteÌ„ptes 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 expouÌ„ding this same
do any thinge not so muche as toll a bell to seruice or sweepe the Church but onely the Bishop must dooe all alone Whiche conclusion some of your complices would so litle allowe as those whom yee would ouerburden and yee your selfe might go play you as one that had naught to doo in any thinge perteining to the Churche But to helpe the matter and to make Ignatius woordes plaine without absurditie you must take with you the residue of the sentence that followeth which yee leaue out of The Sacrament of Thankesgeuinge and Celebratinge the Diuine Seruice and then it shall easily appeare that Ignatius talketh of suche dooinges of a Bishop as in déede declare his function office yet furthereth no whit the Conclusion of your obiection So that your Conclusion beynge yet as insufficient as the rest you are faine to adioyne an other péece thereunto Wherein although yee shewe howe euill a ioygner you bee to adioygne those two péeces of sentences togeather in one Conclusion that are of cleane sundry matters yet in one poynte yee haue made them bothe agree that as yee wrested the one so ye not onely wrest but flatly falsifie the other and yet neither of them bothe stande you in any steade to helpe your obiection muche lesse to conclude the same For fyrst how dooth this followe S. Augustine saith say you of the Doctours of the Churche That they beleeue I beleeue that they holde I holde that they teache I teache that they preache I preache yeelde to them and thou shalte yelde to me Ergo Bishoppes and Priestes haue power and authoritie to make lawes orders and Decrees and to vse all cohibitiue iurisdiction ouer their flockes and cures Nowe if your freendes that haue beleeued hitherto as you beleeue haue helde as you holde taught as you teache preache as you preache and beleeuinge the vpright dealinge and conscience that you pretende haue yelded vnto you herein do but a litle examine your false dealing with those Fathers whom you would seeme so wholy to folowe I thinke they woulde no longer beleeue you holde with you nor yelde vnto you but suspecte you as a deepe dissembler or rather abhorre you as an open sclaunderer and belyer not onely of me but of the auncient Fathers them selues For firste I woulde learne of you where S. Augustine hath those woordes in all his sixe bookes against Iulian Istis cede mihi cedes if he haue them shewe where if he haue them not then howe dooe ye followe S. Augustine Howe dare you impudently saye ye preache and teache that he did when ye manifestly mangle alter peruert and corrupt the saiynge that he did teache In deede for fashions sake ye cite a péece of S. Augustines sentence that they beleue I beleeue c. but for that which followeth istis cede me non caedes yelde to them and thou shalt not strike or whippe me you haue put in these woordes istis cede mihi cedes yelde to them and thou shalt yelde to me and yet this corrupting of the sentence maketh it serue no whit the more for your purpose but vttereth your falshood that belike will not spare to corrupt that whiche maketh flat against you that thus vse to corrupt this which maketh neither to nor fro with you nor against me But as S. Augustine writinge in y e same matter against Iulian a Disciple of Pelagius an Englishe Monke dealing with S. Augustine as ye haue doon with me saide to Iulian so saye I to you Ye feine me to saie that I saie not to conclude that I conclude not to graunte that I graunte not and you conclude to your selfe that whiche I denie c. In deede you haue laboured more to finde out those reasons whiche ye might better vtter against your selfe than against me But in suche a cause ye should not neede to take suche peines if you had any shame in you S. Augustine in these bookes against Iulian as in his other against the Donatistes as I haue declared before did attribute vnto the Emperours and Princes the Bishoppes and Priestes suche Ecclesiasticall Iurisdiction as I haue doone Of the same mynde that hee was herein were also these fathers that he cyteth Wherefore you wyll nowe I truste accordinge to your promyse yelde and relente If not to me for stubborne harte yeat accordynge to your conclusion to S. Augustine and the auncient Fathers to beleeue herein that they beleeue to holde that they holde to teache that they teache to Preache that they preache and no moare to wrynge mayhem slaunder and belye them And than bothe I and all other faithful Christians wil both better beleeue you and geue God thankes for you M. Fekenham After longe expectation and many promises his L. final ansvveare to the saide obiections vvas as hereafter folovveth For as muche as I doo perceiue that you are not to be resolued in this matter I shall here staie and proceede no further vvith you in the same and like as you haue bene so you shalbe vnto me most hartely vvelcome You shall lacke nothinge that is in my house to pleasure you And from hencefoorth I shal leaue to haue any further talke or conferēce vvith you in these controuersies of Religion And for all suche talke and vvrytinge as hath passed already bitvveene vs I shall perfourme this my promise bothe firste and last made vnto you that you shalbe vvel assured not to suffer any hurte or damage therby The B. of Wynchester You deliuered this obiection vnto me in writinge betwixte Easter and Whitsontide about the ende of April within two daies folowinge when I had redde the same I tould you that in the collection of your common places you were muche abused for that you had mistaken them and obserued no iuste circumstances of the authorities whereby to haue knowen the authours meaninge And so wée continued in debatinge and reasoninge from time to time about this matter of Iurisdiction and others vntill the beginning of September folowinge before which time your obstinacy grewe so muche that I was forced through your vnorderly behauiour to restreigne you of your licentious talke and sequester you from conference with any hauinge so muche before abused your selfe and especially in mine absence and I was the rather moued so to doo for that I perceiued all that I did was but in vaine as at diuerse times and often I repeated that vnto you obstinately bente to the contrary meaninge by suche stoutenesse to recouer your credite which through your inconstancie was so empaired amongest your friendes I saide at your firste comminge and many times after you beynge sente by the Honourable Councell that you were welcome whiche by good proufe although vtterly without any your good deserte yée founde true I did say that I woulde leaue to haue any further talke or conference with you touchinge matters of Religion or any other but you shoulde haue shewed the time and place where and when
4 cap. 5. 6. 7. Princes by Synodes do ordeine and condemne Byshops Theod. li. 5 cap. 20. Li. 5. c. 23. 24 Sozom. li. 7 cap. 6. 7. 8. Socr. lib. 5. cap. 10. Lib. 5. ca. 27 Luthprand Dist 79. â— â–ª duo Gratian. dist 63. Socr. lib. 7. cap. 29. Liberat. cap. 4. Nicep li. 14 cap. 34. 35. Liberat. cap. 6. Liberat. cap. 8. Liberat. cap. 11. Niceph. li. 14. cap. 47. Liberat. cap. 12. Nicep li. 15 cap. 1. 2. Leo. ep 44. Act. 7. In Epist praeamb Act. 1. Act. 2. Act. 3. 630. bishops confesse the Princes supremacie in Ecclesiasticall causes Act. 4. Act. 5. Act. 6. Act. 11. Cap. 14. Libe ca. 15. Cap. 16. Lib. ca. 18. The princes supremacie in al causes Act. 1. Cap. 19. Platina Sabell A princes charge A bishops iurisdictioÌ„ Platina Mar. Poeni The Pope is the kinges Ambassadour The Popes huÌ„ble sute to the Emperour for the Arian heretiques Valateranâ— Sabell Sabell Cap. 20. Cap. 23. Ibid. Cap. 24. Sabellicus Euag. li. 4. Cap. 38. Niceph. li. 17. Cap. 27. The Emperour commaundeth the Pope to come to the Synode The prince the highest potentate next to god in al causes God reserueth to the prince the fulnes of direction in Ecclesi causes Nothinge may be don in Churche matters without the princes authorite Cod. lib. 1. tit 17. Nouell const 3. The Emperours Ecclesiasticall lawes Const 5. Const 6. Const 57. Const 58. Const 133. The Prince hath supreme gouernment ouer al persones in all maÌ„ner causes August Epist 48. Bracha 1. 2. Brach. 3. Tol. 3. The duetifull care of a Prince aboute Religion A princes special care for his subiectes Li. Epist 7. Epist 126. the Pope at that time commended the Princes gouernmeÌ„t in causes Ecclesiast The prince calleth couÌ„cels and gouerneth Ecclesiasticall causes with out any doinge of the Pope therin Sabell Plat. Paul Diac. Volater Naucler Martinus Sabel Tol. 4. Tol. 5. Tol. 6. Tol. 7. Tol. 8. Tol. 9. Tol. 10. Dist 631. cap. 21. Pontificall Dist 63. Const 6. The Bisshop of Rome at the Emperours commaundemeÌ„t in Eccl. matters Act. 1. Act. 2. Act. 3. Act. 4. The prince is Christes Vicâ—r in earth in causes Ecclesiasticall by the Popes confession Act. 5. Act. 7. Act. 11. Act. 12. Act. 13. Wherein coÌ„sisteth the office of bishoppes The princes most acceptable seruice to god Esa 49. Psalm 98. The Pope accursed for Heresie by the senteÌ„ce of the Emperour the Synode and the Bishop of Rome Tol. 11 Tol. 12. Tol. 13. Zonoras Tom. 3. Synod Francica Nauclerus Dist 63. Can. 6. Can. 25. Can. 45. The Prince is the gouernour of the Church appointed of God in Ecclesiasticall causes Sabell Sabell Platina Sabell Ioan. AueÌ„tinus 1. Paral. 16. Alcuinus The prince hath a priestlie power to set forth gods word Dist 63. Dist 63. Platina Sabel Naucleruâ— Dist 65. Sabell Platina Apoc. 9. Sabellicus Platina Naucler LuithpraÌ„d Platina Dist 63. Nauclerus Abb. Vrsp Platina Nauclerus Sabellicus â–ª Sabell Platina Abb. Vrsp Sabellicus Platina â–ª Sabel Nauclerus Auentinus Nauclerus Nauclerus Otto Frisingen Nauclerus Nauclerus Vrspurg Nauclerus Sabellicus Vrspurg Platina Nauclerus â–ª Platina â–ª Vrspurg In Prouer. Sileni Alcibiadiâ— Otto Frisingensis Of the dooinges of the kinges of this Realme in Eccl. maters before the CoÌ„quest loke in the boke De potestate Regia set out by the Prelates 26. Hen. 8. * Polychron Polic. Fab. Polyc. Fabyan Polychr Fab. Polychr Fabyan Polychr Eabyan Math. Par. Fabyan Fabyan SimeoÌ„ Dunelmensis Hen. Huntingtonus Roge. Houedenus Mat. Paris Mat. vvestmonast Polydorus Polyd. Naucler Abb. Vrsp Mat. Paris Polych Mat. Paris Fabyan Fabyan Nauclerus Polych Fabyan Fabyan Antoninê° AueÌ„tinus Nouell coÌ„st Polyd. Fabyan â–ª Mat. Paris â–ª Antoninê° â–ª AppeÌ„d Math Paris Fabyan AppeÌ„d Math Paris Nauclerus Platina Polych Eabyan Polyd. Paul Aem. Anton. Naucler Blond Aemylius Nauclerus Platina Nauclerus Antoninê° Sabell Nauclerus Sabellicus Aemyl Append. Vrspurg Antoninê° Nauclerus Antoninê° Aemyl Paral. Vrsp Nauclerus Antoninuâ— Marius Paral. Vrsp Nauclerus Nauclerus Paral. Vrsp Nauclerus Aemylius Pet. BertraÌ„ Aemylius Paral. Vrsp Fabyan Caxton Polyd. Nauclerus Nauclerus Paral. Vrsp Naucler Polyd. De schis li. 3. cap. 73 Pius Pap. 2. Platina Sabel Platina Volater Orth. Grat. Nauclerus Nauclerus Nauclerus Orth. Grat. Orth. Gra. Paral. Vrsp Epist 54. ad CaÌ„cel Imp. Li. 3. ca. 13. Paral. Vrsp Orth. Grâ— Cons 1â—1 23. q. 5. * Ther is diuers reedinges Imperet or Impetret The Princes shal geue an accoÌ„pt to God for the Church and the discipline thereof In form libell quo agitur ex subst in verbo ex suo corpore In form respoÌ„s con ad verb. taÌ„qÌ„ publ ex com n. 10. In repetit lect de Christ Ciuitatis Aristocraâ—ia â—â— q. â— The king is to be obeied in Ecclesiastical causes and not the Pope L. Quicunque De Epis Cler. The Pope an heretike compelled to recaÌ„te before the Frenche kinge BraughtoÌ„ lib. 1. cap. de Papa Archiepiscopis alijs praelatis The secoÌ„de pointe ConstaÌ„tine the firste Emperour that did ioigne his svvoorde to the maintenance of God his vvoorde Act. 20. Nicep li. 2. Li. 1. ca. 13. Li. 6. ca. 34. Lib. 1. De vit Const Lib. 2. Epist 50. Psalm 2. Psalm 71. Hebr. 7. Cap. 4. Act. 24. Ioan. 21. Math. 24. Ioan. 20. Math. 28. Heb. 13 â–ª 1. Cor. 14. Gene 3. The thirde pointe 1. Thess 5. Clemens in compeÌ„d defide The diffinâtion of the catholique Churche The fourth pointe Iob. 8. Act. 20. Ioan. 20. Math. 16. Act. 8. Heb. 13. Ezech. Ioan. Antonius Delph lib. 2. Act. 8. Exod. 24. Exod. 29. Num. 27. Hebr. 10. Lyra. Act. 20. Lib. 1. Hist Trip. ca. 9. Nicep li. 7 cap. 46. Dist 86. Act. 15. Act. 8. Act. 15. 1. Cor. 11. 1. Cor. 13. Mar. Soci Mar. Soci Li. 50. Tit. 4. De muner honor Act. â— Li 10. Hist Eccl. ca. 2. Lib. 7. Hist-Trip ca. 12. Theod. lib. hist 5. Eccl. cap. 18. Nicep li. 8. cap. 14. Soz. lib. 1. cap. 17. Li. 2. to 2. her 68. Lib. 1. ca. 1. Lib. 1. ca. 2. Lib. 8. ca. 16 Euseb li. 3. De vit Con. Soz. li. 1 c. 4 Lib. 6. ca. 7. Lib. 4. ca. 2. Lib. 11. ca. 3. Theod. li. 5 â–ª cap. 1â— Cal. Inst â–ª cap. â— â–ª Cal. in 7. cap. Amos proph A thanas in Epist ad solitar vit agentes Ad Valent. Epist 32. 〈…〉 Lib. 2. ca. 15. Hier. 1. Greg. Nazian de Hier. dict oratione 18 ad subditos timore per culsos ImperatoreÌ„ irascentem Ezech. 34. Chrysost hom 5. de verb. Esa Ign. Epist 7. ad Smyrnens Ioan. 10. Lib. 3. Lib. 5.
although you were in y e Tower in his time y t was not for any doubt you made of his Supremacie for that you still agnised but for other pointes of Religion touching the ministracion of the Sacramentes wherunto you also agréed at the last promised to professe preache the same in open auditory whersoeuer you should be appointed Wherupon a right woorshipfull gentleman procured your deliueraunce foorth of the Tower and so were you at liberty neuer mencioninge any doubt in this matter but agnising the Princes Supremacie in causes Ecclesiasticall Wherefore I may saulfly say that the ignoraunce and wante of knowledge whiche you pretende in your Minor Proposicion is not of simplicitie and therfore must néedes be of wilfulnes or malice or mixte of bothe The way and meane wherby to haue this ignoraunce remooued you assigne with this issue that when I prooue vnto you by any of the fower meanes y â— any Emperour or Empresse King or Queene may take vppon them any suche gouernment in Spirituall or Ecclesiasticall causes then you wil yéelde take vpon you the knowledge therof be ready to testifie y e same by booke Othe Truely I haue often and many times prooued this same that you require by the selfe same meanes in such sort vnto you that you had nothinge to say to the contrary And yet neuerthelesse you continue stil in your wilfull and malicious ignorance whiche causeth me to feare that this sentence of the holy ghost wilbe verified in you In maleuolam animam non introibit sapientia Yet I will ones againe prooue after your desire euen as it were by puttinge you in remembraunce of those thinges whiche by occasions in conference I often and many times reported vnto you wherof I knowe you are not simply ignoraunt You require a proufe hereof that an Emperour or Emperesse Kinge or Quéene may claime or take vppon them any suche gouernment meanynge as the Quéenes maiestie our Soueraigne doth now chalendge and take vppon her in Spirituall or Ecclesiasticall causes For aunsweare I say they ought to take vppon them suche gouernement therefore they maye lawfully doo it The former parte is founde trewe by the whole discourse of the holy Scriptures bothe of the Olde and newe Testament by the testimony of the Doctours in Christes Churche by the generall Counsailes and by the practise of Christes Catholique Churche thorough out all Christendome The holy Scriptures describinge the condicions and propreties required in a Kinge amongest other doth commaunde that he haue by him the booke of the Lawe and doo diligently occupy him selfe in readinge thereof to the ende he maye thereby learne to feare the Lorde his God that is to haue the feare of God planted within him selfe in his owne harte to keepe all the woordes and to accomplishe in déede all the ordinaunces or as the olde translation hath it all the ceremonies by God commaunded that is to gouerne in suche sorte That he cause by his Princely authoritie his subiectes also to become Israelites To witte menne that see knowe and vnderstande the will of God Redressinge the peruersenes of suche as swerue from Goddes ordinaunces or caeremonies Whereuppon it is that God dothe commaunde the Magistrate that he make diligent examination of the Doctrine taught by any and that he doo sharpely punish bothe the teachers of false and superstitious Religion with the folowers and also remooue quite out of the waye all maner of euill The beste and most godly Princes that euer gouerned Goddes people did perceiue and rightly vnderstande this to be Goddes will that they ought to haue an especiall regarde and care for the orderinge and settinge foorth of Goddes true Religion and therefore vsed great diligence with feruent zeale to perfourâ—â— and accoÌ„plishe the same Moses was the supreme gouernour ouer Goddes people was not the chiefe Priest or Bishop for that was Aaron whose authoritie zeale and care in appointinge and orderinge Religion amongest Goddes people prescribinge to al the people yea to Aaron and the Leuites what and after what sorte they shoulde execute their functions correctinge and chasteninge the transgressours is manifestly set foorth in his booke called the Pentateuche After the death of Moses the people as yet not entred and settled in the promised Lande the chardge of chiefe gouernment ouer Goddes people both in causes Temporall and Ecclesiasticall was committed to Iosue and not to Eleazar for to him belonged onely the ministration of the thinges belonginge to the Priestly office And to Iosue the Prince belonged the ouer sight both ouer the Priests and people to gouerne guide order appoint and direct eche estate in all thinges that apperteined to eche of their callinges Of the one yée séeme to haue no doubt at all the other is as plaine For at the appointment of Iosue the Priestes remooued the Arke of couenaunt and placed the same He did interprete vnto the people the spirituall meaninge of the twelue stones whiche they had taken by Goddes commaundement foorth of Iordan to be as Sacramentes or Signes He circuÌ„cised the children of Israell at the second time of the great and solempne Circumcision He calleth the Priestes commaundeth some of them to take vp the Lordes Arke other seuen of them to blowe seuen trompettes before the Arke appointeth to them the order of procéedinge He builded an aultar vnto the Lorde God of Israel accordinge to y e Lawe of God he sacrificed theron burnt sacrifices and burnt offringes He wrote there vpon the stones the Deuteronomy of Moses He redde all the blessinges and cursinges as they are set foorth in the booke of the Lawe And he redde all what so euer Moses had commaunded before al the coÌ„gregation of Israel c. Last of al Iosue to shewe that causes of Religion did specially belonge to his charge and care maketh a long and a vehement oration vnto the Israelites wherin he exhorteth them to cleaue vnto the Lorde with a sure faithe a constant hope and a perfect loue obeiynge and seruinge him with suche seruice as he hath appointed in his Lawe And doth zelously and with great threates disswade them from all kynde of Idolatry and false Religion Dauid whom God appointed to be the pastour that is the king ouer Israel to feede his people did vnderstaÌ„de that to this pastoral office of a kyng did belong of dutie not only a charge to prouide that the people might be gouerned with iustice and liue in ciuill honestie peace and tranquilite publique and priuate but also to haue a special regarde and care to see them sed with true doctrine and to be fostered vp in the Religion appointed by God him selfe in his Lawe And therfore immediatly after he was with some quietnes setled in his royal seate the first thing that he began to refourme and restore to the right order as a thing y e apperteined especially to his princely charge and care
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 commauÌ„deth 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 soleÌ„pnitie 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 coÌ„tinually 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 â–ª 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 coÌ„trouersies 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 foâ—â—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 coÌ„mon praier and enioyned to them publiquâ— 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.
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
enstructe you others also that they doo the same Firste of all euery preacher muste preache in generall that they beleeue the Father the Sonne and the holy Ghoste to be an omnipotent God c. And so learnedly procéedeth thorough all the articles of our Faithe after whiche he commeth to the conuersacion of life c. And wee doo therfore more diligently enioine vnto you this thing bicause wee knowe that in the latter daies shall come false teachers as the Lorde him selfe hath forwarned and the Apostle Paule to Timothe doth witnes Therfore beloued let vs furnishe our selues in harte and minde with the knowledge of the trueth that wee may be able to withstande the aduersaries to trueth and that thorough Goddes grace Goddes woorde may encrease passe thorough and be multiplied to the profite of Goddes holy Churche the Saluation of our soules and the glory of the name of our Lorde Iesus Christe Peace to the preachers grace to the obedient hearers and glory to our Lorde Iesus Christe Amen This noble Prince was mooued to take vpon him this gouernment in Ecclesiastical matters causes not of presumption but by the woorde of God for the dischardge of his princely duety as he had learned y e same both in the examples of godly kings coÌ„meÌ„ded therfore of the holy ghost also by the instructions of the best learned teachers of his time whereof he had great stoare especially Alcuinus an Englisheman of greate learninge who was his chiefe Scholemaister and teacher whome as Martinus telleth Charles made Abbot of Towers Amongst other many notable volumes this Alcuinus writeth one entituled De Fide Sanctae in diuiduae Trinitatis whiche as moste méete for him to know he dedicateth to Charles the Emperour He beginneth his epistle dedicatory after the salutation superscription thus Seeinge that the Emperial dignitie ordeined of God seemeth to be exalted for none other thinge then to gouerne and profite the people Therfore God doth geue vnto theÌ„ that are choosen to that dignitie power and wisedome Power to suppresse the proude and to defende the humble against the euill disposed wisedome to gouerne and teache the subiectes with a godly carefulnes VVith these twoo giftes O holy Emperour Gods fauour hath honoured and exalted you incoÌ„parably aboue your auÌ„cestours of the same name and authoritie c. VVhat than what must your carefulnes most deuoutly dedicated to God bringe forth in the time of peace the warres beinge finished when as the people hasteneth to assemble togeather at the proclamation of your coÌ„maundement he meaneth that he expresseth afterwarde by this assembly or concourse the councell that was nowe in hande assembled as he saith Imperiali praecepto by the Emperours precept And waiteth attentiuely before the throne of your grace what you will commaunde to euery persone by your authoritie what I say ought you to doo but to determine with all dignitie iuste thinges whiche beinge ratified to set them foorth by coÌ„maundement and to geue holy admonitions that euery man may retourne home mery and gladde with the precept of eternall Saluation c. And least I should seeme not to helpe and further your preachinge of the Faithe I haue directed and dedicated this booke vnto you thinkinge no gifte so conuenient and woorthy to be presented vnto you seeinge that all men knowe this moste plainely that the Prince of the people ought of necessitie to knowe all thinges and to preache those thinges that please God neither belongeth it to any man to knowe better or mâ—e things than to an Emperour whose doctrine ought to profit all the subiectes c. All the faithful hath great cause to reioyce of your godlines seing that you haue the priestly power as it is mete so to bee in the preaching of the worde of God perfect knowledge in the Catholique faith and a most holy deuotion to the saluation of men This doctrine of Alcuinus whiche no doubte was the doctrine of all the catholique and learned fathers in that time coÌ„firmeth wel the doinges of Charles and other Princes in calling councelles in making decrees in geuing Iniunctions to Ecclesiastical persons and in ruling and gouerning them in all Ecclesiasticall thinges and causes If the gouernement of this most Christian Prince in Ecclesiastical matters be well considered it shall well appeare that this Charles the great whom the Popes doo extolle as an other great Constantine patron vnto them as he was in deede by enriching the Churche with great reuenues and riches was no whit greater for his martial Prince-like affaires in the politique gouernaunce than for his godly ordering disposing the Churche causes although that in some thinges he is to be borne with consideringe the blindnes and superstition of the time Although herein Lodouicus Charles his sonne were somwhat inferiour to his father Yet not withstanding he reserued these Ecclesiasticall causes to him selfe with no lesse care he ordred the same although in some things being a very milde Prince he winked and bare ouermuch with the ambition of the Popes Shortly after whan as the foresaid Leo was departed was Stephen next elected Pope and without the confirmation of the Emperour tooke the Papacy vpon him All the histories agree that he came shortly after into Fraunce to the Emperour but wherfore most of them leaue vncertaine Platina thinketh to auoyde the hurley burley in the Citie that was after the death of Leo. Sabellicus thinketh the Emperours coronation to be the cause Nauclerus saith he went in his owne persone vnto the Emperour Lodouike about or for the Churche matters whiche proueth that the Emperour had chiefe authoritie in ordering the Churche busines But our English Chronicles as some writers affirme doo plainly declare that his comming into Fraunce was to make an excuse of his vnlauful consecration against the decrees made to Charles by his predecessours Adrian and Leo fearing therefore the fequele of the matter he first sent his Legates before him to be a preparatiue to his purgation and afterwards came him self to craue his pardoÌ„ And the rather to please Themperour brought a most beautiful crown of gold for him and an other for the Empresse wherof folowed as Nauclerus saith Omnia quae petiit à pio Imperatore obtinuit he obteined whatsoeuer he asked of the godly Emperour Nowe when Stephen had dispatched all his matters he retourned home and shortly after an other Ecclesiastical cause happened for within a while the Bishop of Reatina died and there was an other chosen And when the sea of Reatina saith Nauclerus was voide the Pope would not consecrate the elect Bisshop onles he had first liceÌ„ce therto of the Emperour The circumstances of this story make the matter more plaine The erle Guido had writen vnto Pope Stephen to consecrate that Bishop whom the Clergy and the people had elect but the Pope durst not enterprice the matter till he were certified of y e Emperours pleasure therupon wryteth
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
so muche that Nauclerus saith before the exequies of Alexander were finished the Cleargy and people that came to the buriall cried out that S. Peter had chosen Maister Archedeacon Hildebrande to be Pope whereuppon the Cardinalles went a side and elected Hildebrande But Benno who was a Cardinall at Rome the same time saith that the selfe same eueninge and hower when Alexander died Hildebrande was enstalled by his souldiours without the assent of either Priest or people fearing least delay woulde bréede perill to whose election not one of the Cardinales did subscribe in so muche that Hildebrande saide to an Abbot that came short to the election brother Abbot yée haue taried ouer longe to whome the Abbot answeared and thou Hildebrande hast made ouer muche hast in that thou hast vsurped the Apostolique sea against the Canons thy Maister the Pope beinge not yet buried By whiche poste haste importune clamours and violent election it is easie to sée how Platina and those that followe him doo no lesse lie than flatter in praysinge this Pope and settinge foorthe so comely a fourme of his election Nauclerus protesteth and promiseth in the tellinge of this Popes life to kéepe an indifferencie and fidelitie in the report of the Chroniclers firste reporteth the state of y e Churche vnder this Pope woorde for woorde as I haue rehersed out of Abbas Vrspurg and to declare his further vprightnes in the mater he telleth what he foūde writen in a fine stile amongest the Saxon histories that the Bishoppes of Fraunce moued the Prince not to suffer this election whiche was made without his consent for if he did it might woorke to him muche and greuous daungier the Prince perceiuinge this suggestion to be true sent immediatly his Embassadours to Rome to demaunde the cause wherefore they presumed without the Kinges licence against the custome of their auncestours to ordeine a Pope and further to commaunde the new◠electe Pope to forsake that dignitie vnlaufully come by onlesse they woulde make a reasonable satisfaction These Embassadours were honorably receiued and when they had declared their message the Pope himselfe maketh them this answere He taketh God to witnesse that he neuer coueted this high dignitie but that he was chosen and thrust violently thereunto by the Romaines who woulde not suffer him in any wise to refuse it notwithstandinge they coulde by no meanes perswade him to take the Papacie vpon him and to be consecrate Pope till he were surely certified that bothe the kinge and also the Princes of Germanie had geuen their assente When the kinge was certified of this answeare he was contente and willingly gaue commaūdement that he shoulde be ordered Pope He also reciteth out of Blondus and other writers That the Kinge gaue his Consente vnto the Popes election sending the Bisshoppe of Verselles the Chauncellour of Italy to confirme the election by his authoritie as the maner had beene the whiche thinge also Platina saith he seemeth to affirme Afterwardes the Emperour called a Councel which he helde as Sabellicus saith at Woormes whereat were all the Bishoppes of Fraunce and Germany excepte the Saxōs The churchmen of Rome sent their epistles with gréeuous cōplaints against Hildebrand vnto this coūcel In quibus Hildebrandum ambitus periurij accersunt eundemque plaeraque auarè superbeque facere conqueruntur hocque reiecto alium pastorem postulant wherein they accuse Hildebrande of ambition and periury complaininge that he dooth manye thinges proudly and couetously and therefore desire that he may bee deposed and another pastour appoincted them The Fathers in this Councell make a Decrée for to depose Hildebrande recitinge therein many his greeuous and horrible crymes that moued them therto And not onely the Bysshops of Germany and Fraunce but also the Bissoppes of Italy assembled togeather at Ticinum a citie in Lombardy nowe called Pauia did subscribe this Decree This Synode beynge thus finished the Emperour saith Auentinus wrote two letters the one to Hildebrand the other to the people and priests of Rome wherein he commaundeth Hildebrande according to the Decree of y e Councell to retourne to his pryuate life and estate and the Romaines to forsake Hildebrande and to choose to them selues a Pastor accordinge to the manner of their auncestours Who so listeth to reade these epistles and the seditious traiterous and tragicall feates and practises of the Pope against the Emperour bothe before and especially after this Decree he may sée them in Orthwinus Gratius in Nauclerus Auentinus Sabellicus and Platina Henry the. 5. came into Italy to ende the controuersy and discorde that was betwixte him and the Pope for this iurisdiction and to make suche composition as might bringe quietnesse bothe to the Churche and the Empyre But Paschalis the Pope did not muche lyke of his comminge as the Italian wryters witnesse The Emperour sendeth to the Pope the Pope againe to him certaine couenauntes were agreed vpon and confirmed by othe and assured by pledges on bothe the parties But the Pope coulde not or woulde not keepe promise with the Emperour for that his Bishoppes did withstande and in no wise would stande to the agreement whereupon folowed great tumult and a bluddy fraye The Emperour seynge they for their partes would not stande to the couenauntes whiche were confyrmed so strongly by othe and hostages as mighte be woulde not in like wyse be bounde to his Shortly after Easter following there was a freendly peace concluded betwixt the Emperour and the Pope who crowned Henry 5. Emperour deliuering vnto him with his holy hande suche priuileges as his auncestours were wont to enioie and confirmed the same to him neuer to be taken from him vnder the paine of the great Cursse After this the Emperour tooke an Othe of al the inhabitauntes in euery Citie thorough Italy for their faithfull obedience to him and the faithfull keepinge of this his prerogatiue and priuilege in Ecclesiasticall thinges or causes The next Emperour to Henry was Lotharius who so laboured with the Pope to retaine the inuesturing of Ecclesiasticall persones and besides that he so trauailed in other Ecclesiasticall causes so well as Tēporall that saith Vrspurgens Huius laus est à vindicata religione legibus The praise of this Prince is in that he refourmed Religion and the Lawes Nexte to whome was Conradus Emperour to whome the Romaynes wrote supplicacions to come and chalendge his right in these matters to reduce the forme of y e Empyre to the old state which it was in in Constantine and Iustinians daies to deliuer them from the tiranny of the Pope To whome also the Pope wrote humble supplications to take his cause into his protection against the Magistrates of Rome whiche tooke vppon them to reduce the Pope to the olde order and state of the auncient Bisshoppes of Rome Nexte to whome followed the godly and zelous Emperour Frederike the firste who séeinge the horrible vices of the Romishe
the Kinge of the misorder of Thurstan whome the Kinge had made Abbot of Glastonbury by whose iudgement the Abbot was chaunged and tourned to his owne Abbay in Normandy but the Monkes scattered aboute by the Kinges hest After this the kinge bestowed many Bishoprikes on his Chaplaines as London Norwiche Chester Couentry c. And ruled both the Temporalty and the Spirytualty at his owne will saithe Polychronicon He tooke noman fro the Pope in his lande he meaneth that the Kinge woulde suffer no Legate to enter into the lande from the Pope but he came and pleased him he suffered no Councell made in his owne countrey without his owne leaue Also he woulde nothinge suffer in suche a councell but as he woulde assent So that in geuinge or translatinge of Spiritual promocions in geuing his assent to councels and suffring nothing to passe without his coÌ„sent in hearing and determining Ecclesiasticall causes in restreining the Popes libertie without his speciall licence and in ruling the sâ—iritualtie at his owne wil king William sheweth plaine that he tooke him selfe for the supreame gouernour within this Realme in all maner of causes so well Ecclesiasticall as Temporall In like maner did his sonne William Rufus who made Anselme Bishoppe of Yorke and afterwardes translated him to Cantorbury But within a while strief and contention fell betweene him and Anselme for Anselme might not call his Synodes nor correct the Bisshops but as the king would the king also challenged the inuestiture of Bishoppes This king also forbad the paiyng of any money or tribute to Rome as saith Polychronicon The like inhibitioÌ„ made Henry the first and gaue Ecclesiasticall promocions as his auncestours had doone wherefore Anselme fel out with the king and would not consecrate suche Prelates as he beynge a Lay man had made but the Archebishop of Yorke did consecrate them and therefore Anselme fledde the Realme In an other councell at London the Spiritual condescended that the kinges officers should punishe Priestes for whoordome The cause of this decree as it seemeth was that a Cardinall named Ioannes Cremensis that came to redresse the matter after he had enueighed against the vice was him selfe the same nyght taken tardy In the whiche councell also saith Polydore the king prouided many thinges to bee enacted whiche shoulde greatly helpe to leade a Godly and blessed life After this the kinge called an other counsell at Sarisbury Sommoning thither so well the chief of the Clergie as the people and swore them vnto him and vnto William his sonne Whereupon Polydorus taketh occasioÌ„ to speake of the order of our Parliament though it haue a French name yet in deede to be a councell of the Clergy and the Laitie whereof the Prince hath a ful ratifiyng or enfringing voyce And not only saith he this king did make Bisshoppes and Abbottes whiche he calleth holy rites Lawes of Religion and Church ceremonies as other likewyse cal it Ecclesiasticall busines but the Princes of euery nation began euery where to claime this right vnto them selues of naming and denouncing of Bisshoppes the whiche to this daie they holde fast with toothe and nayle Also Martinus here noteth Vntill this time and from thence euen till our daies the king of Hungary maketh and inuestureth according to his pleasure Bisshops and other Ecclesiastical persones within his Dominions And here sithen I am entred into the noting of the practises of other countries in this behalfe I might not onely note the doinges about this time of Frederike king of Sicill and Iames the king of Spain his brother in reformation of Religion in their Dominions as appeareth in their Epistles writen by Arnoldus de noua Villa but also make a digression to the state of other partes in Christendom as of the Churches of Grece of Armenia of Moscouia c. that acknowledged not any but onely their Princes to be their supreme gouernours in all thinges next to Christe as especially also to note that most auncieÌ„t part of Christendome southwarde in Aethyopia conteining 62. kingdomes vnder y e ruling of him whom we misname Presbyter Ioannes as who saye he were a Prieste and head Bishoppe ouer those Christian Realmes hauinge suche a power with them as the Popes vsurpation hath challenged here in Europe to be an head or vniuersall Priest and kinge If we may beleue Sabellicus who sayth that he hath bothe often talked with the marchauntes that haue their traffique there and hath also diuerse tymes enquired the matter by an interpretour of the inhabitauntes there borne they all saie that his name is neither Presbyter Ioannes nor Pretto Ianes but saye they his name is GyaÌ„ that is mightie and they marueile greatly what the Italians meane to call him by the name of Priesthoode But this they saie that all the suites or requestes euen of their greate Bisshoppes are brought before the kinge him selfe and that all their benefices or Spirituall promotions be obteined at his handes So that there beynge as Sabellicus telleth further an exceadinge great nomber of chiefe Prelates or Metropolitanes and vnder euery one Prelate at the least twenty Bishoppes all their sutes and causes Ecclesiasticall beyng brought vnto him and he the maker of all these Prelates Bishoppes and other Ecclesiasticall persones he is called ouer them all Clergie or Laye in all causes Ecclesiasticall or temporall CyaÌ„ the mightie that is the supreme Ruler and Gouernour and euen so hath continued sithen those partes were first Christened as they saye of Thomas Dydimus the Apostle vntill our time But this by the waye nowe from them to retourne to our owne countrey In England also king Stephan reserued to him self the inuestitures of the Prelates as likewise after him did Henry the seconde that made Thomas Becket Archebisshoppe of Cantorburie who thereat was sworne to the kinge and to his Lawes and to his Sonne In the ninth yeere of his reigne this kinge called a Parliament at Northampton where he entended reformation of many priuileges that the Clergie had and amongest these was one that although one of the Clergie had committed felonie murder or treason yeaâ— might not the kinge put him to death as he did the Laye menne The whiche thinge with many other the kinge thoughte to redresse in the saide Parliament Thomas Becket resisted him but he mighte not praeuayle againste the kinge For well neere all the Bisshoppes of Englande were against him In the 17 â–ª â—ere of his reigne the king made a iourney into Ireland wherewith great trauaile he subdued the Iris he and after with the helpe of the Primate of Arâ—â—ch he refourmed the manners of the people and dwellers in that countrey and that in three thinges especially â—irst in rulinge and orderinge of the Churche by the Curates and howe they shoulde order their diuine Seruice and minister the Sacrament of matrimonie as it was in Englande and other Christian Regions The seconde was howe
Councell vnto whome they be lawfully sworne and of whome they haue receiued their dignities They all answeare that they are all the beneficiaries of him alone and that mindefull of their Faith and the Kinges estate they woulde suffer death for his glory power and saulfegarde Thereuppon he setteth foorth a pragmaticall sanction or forceable lawe to diminis he the dignitie of the Pope Many other Ecclesiasticall Lawes he made againste the Iewes againste the Templars against adulterie c. He made also Clement the fifth Pope and swore him to certaine cōdicions before hande by whose importune meanes also the Generall councell of Vienna was holden In whiche Councell he laboured to haue Pope Boniface condemned for an Heretique affirminge that he woulde proue him so But the mater was taken vp and to satisfie the kinge it was decreed that all the processes of Bonifacius against the kinge were vniust and the kinges doinges in any point against the Pope should not be preiudicial to him or to his heyers About the time of this Councell at Vienna the famous schooleman Durandus setteth foorth a booke wherein as he rekeneth vp diuerse and great enormities in Church matters so for the reformacion of them he alwaies ioyneth the kinge and secular Princes and the Prelases and to this purpose citeth the fourme of the auncient Councelles and many times enueigheth against and complaineth vppon the vsurped authoritie of the Romaine Bishop warninge men to beware how they yéelde vnto him and prescribeth a rule for the Princes and the Prelates to refourme all these enormities not by custome were it neuer so auncient but by the woorde of God About this time also the Emperour Henry the. 7. came into Italy with great power to reduce the Empyre to the olde estate and glory of the auncient Emperours in this behalfe And on the day of his coronation at Rome accordinge to the maner of other Romaine Emperours he set foorth a Lawe or newe authentique of the most high Trinitie and the Catholique faith Nexte to Henry 7. was Lewes 4. Emperour who had no lesse but rather greater conflictes with the Popes in his time about the reformation of abuses than any had before him the Pope nowe claiminge for an Ecclesiastical matter the confirminge of the Emperour as before the Emperours were wonte to confirme the Popes About whiche question the Emperour sent and called many learned Clerkes in Diuinitie in the Ciuill and Canon Lawe from Italy Fraunce Germany Paris and Bononia whiche all aunswered that the Popes attemptes were erronious and derogating from the simplicitie of the Christian Religion Whereupon the Emperour willed them to searche out the matter diligently and to dispute vpon it and to gather into bookes their mindes therein whiche diuers did as Marsilius Patauinus Ockam Dantes Petrarche c. By whome whan the Emperour vnderstoode the Popes vsurpation he came to Rome called a councell and deposed the Pope placed an other in his rowme In whiche councell the Romaines desired to haue their olde order in the Popes election ratified by the Emperour to be renewed This Emperour also called avery great coūcell at Frākeforth where besides the Spirituall and Secular Princes of Germany the kinge of Englande and the king of Beame were present where by the greater and sounder part the Popes aforesaid vsurpation was abolished Which sentence the Emperour confirmed and published writing therof that his authoritie dependeth not of the Pope but of God immediatly and that it is a vaine thinge that is wont to be saide the Pope hath no superiour The Actes of this councell against the Popes processe were ratified by the Emperour as appeareth by his letters patentes thereupon beginning thus Lodouike the fourth by the grace of God c. To all Patriarches Archebisshoppes Bisshoppes and Priestes c. and ending thus VVherfore by the councell and consent of the Prelates and Princes c. VVe denounce and determine that all suche processes be of no force or moment and straightly charge and commaunde to all that liue in our Empire of what estate or condition so euer they be that they presume not to obserue the said sentences and curses of the Popes interdiction c. An other Councell he called afterwardes at the same place about the same matter bicause Pope Clement called it Heresy To saie that the Emperour had authoritie to depose the Pope whiche heresy as principal he laide first to the Emperours charge Item that the Emperour affirmed that Christ and his Apostles were but poore Item the. 3. heresy that he made and deposed Bysshops Item that he neglected the Popes interdightmēt c. Item that he ioyned certaine in mariage in degrees forbidde he meaneth forbidden by the Popes Lawes and deuorceth them that were maried in the face of the Churche Whiche in deede was nothing els but that amōgest other Ecclesiastical lawes that the Emperour set forth were some for mariages and deuorcementes contrary to the Popes decrees In Fraunce king Charles denied the Pope the tenthes of his Clergie But Philip de Valoys that followed reformed and tooke away many late vpstart Ecclesiasticall abuses in the Clergy and Prelates in his Realme of the whiche diuerse complaintes being made vnto the king he called a councel at Paris and sommoned thither the Bishoppes as appeareth by his letters wherein he complaineth that they haue enchroched from him and his officers a great many of rightes bringing in their nouelties not due and vnwonted grieues vnder the pretence of Ecclesiastical causes whereby they haue broken the concorde of the Clergie and the Laity and therfore willing to prouide so muche as he can by Goddes helpe an healthfull remedy He requireth and neuerthelesse commaundeth them to appeare before him at Parys personally c. The Prelates appearing at the daye assigned before the kinge in his Palayce Archebisshoppes Bisshoppes and makinge reuerence to the kinges maiestie being set downe with his councell and certeine Barons assisting him a certeine knight of the kinges councell spake publykely for the kinge in the presence of them all takinge for his theme this texte Geue that vnto Caesar that belongeth to Caesar and that vnto God that is due vnto God c. The kinges admonition being made a great many complaintes were put vp vnto the king by his nobles and officers against the Clergies vsurpation in medling with contractes of mariages in their priuileges of Clerkes In citations to their Courtes in their excommunicatiōs in willes and hereditamentes in callinge of prouinciall councelles in making synodall Decrees and statutes in medling with realties in perēptory writes in examinations of mens beleues in enioyning of money penances In shauing of children and vnlauful persons making thē Clerkes in whoordome and fornication in wyddowes goodes in bloudshead in the Churcheyarde in inuentories c. and in a great many mo matters whiche ye call Spirituall or Ecclesiasticall causes the
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
the same order of gouernmente hath beene claimed and put in vre by the Emperours and allowed and muche commended by the whole number of the Catholique Bishops I haue made plaine proufe hereof by the continual practise of the like Ecclesiasticall gouernment claymed and vsed by the Kinges and Princes euen vntill the time that you your selfe did allowe confesse and preache the same many yéeres togeather All whiche to your more contentaciâ—n herein I haue prcoued by those Historâ—ographers that wrote not onely before the time of Martyn Luther leaste ye might suspect theÌ„ of parcialitie against you but also suche in deede as were for the most parte partial on your side or rather wholy addicte and mancipate to your holy Father as Platina Nauclerus Abbas Vrspurgensis Sabellicus Aeneas Syluius Volateranus Fabyan Polychronicon Petrus Bertrandus Benno Cardinalis Durandus Paulus Aemylius Martinus Poenitentiarius Pontificale Damafus Polydorus Virgilius c. all your fréendes and whom you may trust I warrante you on their woord beynge the Popes sworne Vassalles his Chapplaynes his Cardinalles his Chamberlaynes his Secretaries his Library kéepers his Penitentiaries his Legates his Peterpence gatherers his sworne Monkes and Abbottes as well as you and some of them Popes them selues whiche your freendes say can neither lye nor erre from the trueth And besides all these the sowre pointes of your issue accordinge to your requeste proued at large for the better redusinge of you from wilfull and malicious ignorance to knowe and acknowlege y e inuincible trueth hereof I haue added to your Peticion a fifte pointe whiche you terme a woorke of Supererogacion For to confirme my proufes with all I haue producted for witnesses your best learned although otherwise Papishe Ciuilian and Canon lawyers who haue deposed directly on my side againste you Namely D. Tunstall D. Stokesley D. Gardiner D. Boner D. Thirlbee D. Decius the Glossares vppon the Lawe D. Petrus Ecrrariensis D. 10. Quintinus to whome I might adde the Ciuilians and Canonistes that were in or towarde the Arches in the latter ende of kinge Henry and all the time of kinge Edwarde with all the Doctors Proctors of or towardes the Arches at this time Wherfore you will now I trust yéelde herein reken your selfe well satisfied take vpon you the knowledge hereof and to be ready to testify the same vpon a booke othe for so haue you promised M. Fekenham The seconde chiefe pointe is that I must vpon a booke othe not onely testifie but also declare in my conscience that the Queenes Highnesse is the onely Supreame gouernour of this Realme asvvel in all Spiritual or Ecclesiastical thinges or causes as Temporal But vpon a booke othe to make any such declaration in conscience it may not possible be vvithout periury before that a mans conscience be persvvaded thereunto and therefore my conscience beynge not as yet persvvaded thereunto I cannot praesently vvithout most plaine and manifest periury receiue this Othe The B. of Wynchester As there is no difference in matter betwixt these two Propositions I Testifie in coÌ„science and I Declare in conscience althoughe to séeme subtile you woulde haue the simple conceiue by way of amplification much diuersitie Euen so this which yée call the Seconde chiefe pointe varieth no whitte in matter from the first and therfore my former answeare serueth to them bothe if ye will néedes make two in shewe of that in very deede is but one M. Fekenham And for the persuation of my conscience in this matter I shall againe ioyne this issue vvith your L. That if your L. or any other learned man of this vvhole Realme shalbe able to proue that our Sauiour Christe in his Ghospell and Testament did committe the supreme gouernement of all Spiritual and Ecclesiastical causes in his Church not vnto his Apostles beynge Bishoppes and Priestes but to Emperours and Empresses Kinges and Queenes beinge for the vvhole time of Christes abode here vppon the earthe Idolatours and Infidelles and so continued for the space of 300. yeeres after the Assention of Christe Constantine the Emperour beynge the very first Christian Kinge that vve reade of vvhen your L. shalbe hable to prooue this eyther by sentence or halfe sentence vvoorde or halfe vvoorde of Christes Ghospel and last Testament Then I shall yeelde in this seconde poynte and vvith most humble thankes thinke my selfe vvell satisfied in conscience And vvhen your L. shalbe hable to prooue that these vvordes spoken of the Apostle Paule at Miletum vnto the Bishoppes of Ephesus Attendite vobis vniuerso gregi in quo posuit vos Spiritus Sanctus Episcopos regere EcclesiaÌ„ Dei quaÌ„ acquisiuit Sanguine suo Take heede therefore vnto your selues and vnto the vvhole flocke of Christe vvherof the holy ghost hath appoincted or made you Bishoppes to gouerne and rule the church of God vvhich he hath purchased vvith his bloud VVhan your L. shalbe hable to proue that these vvoordes do not make so full and perfecte decleration that the holy ghost had so appoincted all spiritual gouernemeÌ„te of Christes flocke vnto Bishoppes and Priestes But that Kinges Queenes or Princes may haue some parte of Spirituall gouernment vvith them or rather take the Supremacy and chiefe parte of Spirituall gouernment from them I shall then yeelde and thinke my selfe in conscience vvell satisfied touchinge the saiynge of S. Paule The B. of Wynchester That our Sauiour Christe hath committed the Supreame gouernment in al Spiritual or Ecclesiastical causes to the Magistrates and Princes is already prooued by perfecte woordes whole sentences of Christes Ghospel and last Testament therfore if your stay hitherto hath bene of coÌ„scieÌ„ce vnpersuaded through want of knowledge not of peruerse opinion mainteined with y e vaine disyre of glory and reputacion you must needes yeelde be well satissied in conscience You auouche this argument as inuincible The Emperours Empresses Kinges Queenes were for the whole time of Christs abode here vpon the earth idolatours and infidels and so continued by the space of 300. yeeres after the Assension of Christ Constantinus the Emperour beinge the very firste ChristiaÌ„ king that we reade of Ergo our Sauiour Christ did not committe the supreme gouernement in Spiritual or Ecclesiastical causes to Emperours kings Princes This argument holdeth good neither in mater nor yet in forme There was in the time of Christes aboade here vpon earth if we may may beleue Eusebius and Nicephorus the Ecclesiasticall historians a king in Edessa whose name was Agbarus This king beleued in Christe as Eusebius reporteth although as yet weakely In his epistle which he wrote vnto Christe he saluteth Christe to be Iesus the good sauiour he thinketh by y e miraculous workes which he hath herde doon by Christe that he is either God hym selfe or els Goddes sonne and he offereth vnto Christe suche fruites of thankefulnes as so yonge and tender a faithe might for the time bring forth And Christ in his rescript vnto
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 represâ—â—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 vvâ—ordes Cum vos Deus sacerdotes constiturit potestatem tradidit iudicandi de nobis Et ideo nos à vobis recte iudicamur Vos autem cum nobis à Deo diâ—datisitis ab hominibus iudicari non potestis c. Valen tianus Imperator cum ille rogatus esset ab Episcopis HellespoÌ„ti Bythiniae vt interesset consilio respondit Mihi quidem cum vnus de populo sim fas non est talia perscrutari verum sacerdoâ—es quibus haec cura est apud sâ—metipsos congregentur vbi voluerint Theodosio Imperatori Ambrosius ingressu intra cancellos templi inteâ—dixit inquieps In teriora ô Imperator sacerdotibus solis patent c. Cui egiâ— 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 vnliâ—â—ly that he did it at the request of Syluester bâ—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 â–ª as the Ecclesiasticall histories reporte and Epiphanius affirmeth that Constantine called this Councel at the earnest suâ—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 Pâ—pistes are Lâ—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 yâ—e say or at the earnest suite of Alexander and other godly Bishops as Epiphaniuâ— 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 â–ª 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 releÌ„ting 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 couÌ„cel 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 iurisdictioÌ„ 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 coÌ„tention 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 iurisoiccioÌ„ 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 vpoÌ„ 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
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 disputatioÌ„s 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 theÌ„ 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 coÌ„maundement 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 coÌ„maunded to be there with them for that purpose These commissioners with certaine other Bishoppes accordinge to the Emperours commauÌ„dement 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 gauÌ„e finall sentence with Cecilianus coÌ„demning 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 â—lie and à ppeale 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 iudgemeÌ„t 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 â—â—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 Iudges and Senate had duely examined the causes they gaue sentence to depose Dioscorus and others So that this their iudgement seemed good to the Emperour to whome they referred the whole matter In the next action the Iudges and Senate after rehersal made what was done before do propounde vnto the Synode what matters were nowe to be consulted of and willeth them to make a pure exposition of the faith that without any sinister affectiō declaring that the Emperour and they did firmely kepe and beleue according to the faith receyued in the Nicen councell whereunto the Bishoppes also accorde and saieth that no man maketh or may attempt to make any other exposition Certeine of the Synode desired to heare the Symbol of the Nicen councell recited whiche the Senate and Iudges graunted vnto them After that it was agreed vpon by the whole Synode that Dioscorus should be deposed the Synode wryteth vnto the Emperous Valentinianus and Martianus saiynge in this fourme Greuous diseases neadeth both a stronge medicine and also a wise Physition For this cause therefore the Lorde oueral hath appointed your goodlines as the best and chiefe Physicion ouer the diseases of the whole worlde that you shoulde heale them with fitte medicines And you moste Christian Emperours receiuinge commaundement from God aboue other men haue geuen competent diligence for the Churches framing a medicine of concorde vnto the Byshoppes This thus in waie of Preface saide they declare what they haue done touchinge Dioscorus they shewe the cause and reasons that moued them therunto both that the Emperour shoulde consider his wickednes and also the sinceritie of their sentence In the fourth Action when the rehersal of all thinges passed before was done the Iudges and Senate asketh if all the Bishoppes agree whereunto they answered yea yea The Synode had requested the Iudges and the Senate to make suite to Themperour for fiue bishops which otherwise must be deposed as was Dioscorus whiche they did and made this relation vnto the Sinode That the Emperour perceiuinge the humble suite of the Synode dooth licence them to determine touchinge the fiue what they thought good admonisshinge them notwithstandinge to geue good heede what they did for that they must make an accompte to god of their dooinges In the fifth Action the Iudges willed the Synode to reade those thinges whiche were agreed vpon touchinge the Faith whereabout began a great contention one parte of them allowinge an other sorte disallowing that was redde amongst them The Iudges séeinge the exclamations and confusion that was amongst them appointeth a Committy choosinge foorth of sundry partes a certaine number to goe aside with the Iudges to make a resolution When they preuailed nothinge they threatened the whole Synode that they would signifie these disordered clamours vnto the Emperour whiche they did The Emperour immediatly of his Supreme authoritie appoincted the order of Committies whiche the Iudges had deuised before geuing them in commandement that goinge aside by them selues they should consult and conclude a trueth in Faith with suche plainnesse that there might no more doubtes arise thereof whereunto al shoulde agrée The Synode obeyed and folowed the Emperours directiō the Committies with the Iudges goeth aside into a secrete place maketh conference concludeth and commeth againe into the Synode reciteth their determination whereunto the whole Synode gaue their consent and so the Iudges commaundeth that this their definition should be shewed vnto Themperour The Emperour commeth into the Synode place in his owne persone with Pulcheria his nobles and Senatours and maketh vnto the Synode an Oration of this effect He careth for nothing so muche as to haue all men rightly perswaded in the true Christian faith He declareth the occasions why he sommoned the Synode He cōmaundeth that no man be so hardy hereafter to hold opinion or dispute of the Christian faithe otherwyse than was decreed in the first Nicen councell he chargeth them therefore that all partaking contention and couetousnes laide apart the onely truthe may appeare to al men He declareth his cōming into the Synode to be for none other cause then to confirme the fayth and to remoue from the people in tyme to come all dissention in Religion And last of all he protesteth this to be his whole care and study that all people may be brought into an vnitie and vnifourme agreement in pure Religion by true and holy doctrine The chiefe Notarie humbly asketh of the Emperour if it will please him to heare their definition redde The Emperour willeth that it should be recited openly he enquireth of them all if euery man consented thereunto they answere that it is agreed vpon by all their consentes Whereunto they adde many acclamations commending the worthines of his Emperiall gouernement concluding By thee O woorthy Emperour the right faith is confirmed haeresies banished peace restored and the Churche refourmed After these acclamations the Emperour doth openly declare vnto the Synode a statute whiche he maketh to cut of and put away from thencefoorth al maner occasion of contention about the true faithe and holy Religion The whole Synode desireth the Emperour to dissolue the councell and to giue them leaue to departe whereunto the Emperour woulde not consent but commaundeth that none of them depart Bassianus of late the Bishop at Ephesus complaineth vnto the Emperour to directe his letters to the Synode to haue his cause hearde The Emperour commaundeth the Synode to heare the matter The Iudges commaundeth Stephanus Byshop of Ephesus to make aunswere vnto Bassianus his complaint After due examination had by the Iudges openly in the Synode in this controuersie the Iudges asked of the Synode what they iudged to be doone The Bishops adiudged Bassianus to be restored But the Iudges appointed by the Emperour woulde not alowe that sentence but deemed neither of them bothe worthy to occupy that Byshoprike and that there should be a thirde chosen and admitted to that sea to the whiche iudgement the whole Synode did accorde After the ende of this councell the Emperour doth confirme the determination thereof by his publique Decree This Synode being finished the Emperour banished Dioscorus into the Cytie of Gangren Whiche thyng doon The Nobles of the Cytie sayth Liberatus assembled together to chose one bothe for life and learning worthy of the Byshoprike for this was commaunded by the Emperours Decrees At the length Proterus was made Bishop against whom the sedicious people raysed one Timotheus Hellurus or Aelurus who in conclusion murthered Proterius The catholique Bishoppes whiche mainteined the Chalcedon councell made humble supplication vnto Leo the Emperour both to reuenge the death of Proterius and also to depose Timotheus Hellurus as one not Lawfully instituted in the Bishoprike on the cōtrary parte other Bishoppes make supplication vnto him in the defence of Timotheus and against the Chalcedon councell When Leo the Emperour had considered the matter of both their supplications for good
godly considerations he wrote his letters to the Bishops of euery city declaring both these causes willing them to sende him their aduise what was best to be doon from whome he receiued answere that the Chalcedon councel is to bee mainteined euen vnto death whereupon the Emperour writeth to Stila his Lieutenant of Alexandrea that he shuld mainteine the Chalcedon councell Stila did as the Emperour commaunded he expelled Timotheus Hellurus and placed another in his roume named Timotheus Sale facialius or Albus who liued quietly all the reigne of Leo and Zeno the Emperous till Basilicus gat the Empire who restored Timotheus the Heretique But when Zeno recouered the Empire this Timotheus poysoned him selfe in whose place the Heretiques chose one Peter Mogge After that Zeno the Emperour knew of the crafty dealing of y e heretiques he wrote to his Lieutenaunt Anthemius that he should depriue Peter Mogge and restore Timotheus to the Byshoprike and further that he should punishe those that were the authors to enstall Peter Mogge Anthemius receyuinge the Emperours mandate did depose Peter Mogge as one that was but a counterfayte made Bishop contrary to the Lawes of the catholique Churche and restored Timotheus Salefacialius who beinge restored sent certayne of his Clergie to the Emperour to render him thankes After this Timotheus Ioannes de Talaida was chosen wherof when Acatius Bishop of Constantinople hearde he being offended with Iohn for that he had not sent vnto him synodical letters to signifie of his electiō as y e maner was he ioyned him selfe with the fautours of Peter Mogge accused Iohn vnto the Emperour as one not sounde in Religion nor fit for the Byshoprike Peter Mogge espying this oportuniti edissembleth an vnitie and reconciliation and by his friendes wynneth Acatius who breaketh the matter to the Emperour and perswadeth him to depose Ioannes de Talaida and to restore Peter Mogge so that the same Peter would first receiue and professe the Henoticon that is the confession of the vnitie in faith whiche the Prince had set foorth wherof this is the effect Zeno the Emperour to al Bishops and people throughout Alexandry and Aegipt Lybia and Pentepolis For so much as we knowe that the right and true faith alone is the beginning cōtinuance strength and inuincible shylde of oure Empyre vve labour night and day in praier study and with Lawes to encrease the Catholique and Apostolique Churche by that faith All people next after God shall bowe downe their neckes vnder our power Seing therfore that the pure faith doth on this wise preserue vs and the Romain cōmon wealth many godly fathers haue hūbly beseched vs to cause an vnitie to be had in the holy Churche that the members displaced and seperated through the malice of the enemy may be coupled and knit together And after this declaringe his faith to agree with the Nicen councel and those that condemned Nestorius and Eutyches he saith vve curse those that thinke the contrary After whiche curse declaring al the articles of his faith he concludeth with an earnest exhortatiō vnto the vnitie of faith The Emperour saith Liberatus supposing that Ioannes de Talaida had not ment rightly of y e Chalcedun coūcel but had doon al things fainedly wrote his letters by the perswasion of Acatius to Pergamius Appolonius his Lieutenantes to depose Iohn and enstall Peter Mogge Iohn being thus thrust out repaired to the B. of Antioche with whose letters of cōmendacion he went to Simplicius Bishop of Rome and desired him to write in his behalfe vnto Acatius Bishoppe of Constantinople who did so and with in a while after died This Pope Simplicius consideringe the great contentions that were accustomably about the election of Popes did prouide by decrée that no Pope shoulde hereafter be chosen without the authoritie of the Prince which decrée although it be not extant yet it is manifest inough by the Epistle of kinge Odoacer put into the Actes of the thirde Synode that Simmachus the Pope did kéepe at Rome wherin the Kinge doth not onely auouche the decree of Simplicius but also addeth Wee maruaile that without vs any thinge was attempted seynge that whiles our Prieste meaninge the Bishop of Rome Simplicius was on liue nothinge ought to haue beene taken in hande without vs Nexte after Simplicius was Foelix 3. chosen who after his confirmacion sent many letters aswell to the Emperour as to Acatius Bishop of Constantinople aboute the matter betwixt Iohn and Peter but when he coulde not preuaile in his suite he made Iohn Bishop of Nola in Campania One of the letters that Pope Foelix wrote vnto Zenon the Emperour about this matter is put into the fifth Synode of Constantinople wherin the Pope after the salutation doth most humbly beseche the Emperour to take his hūble suite in good parte He sheweth that the holy Churche maketh this suite that he will vouchesaulfe to mainteine the vnitie of the Churche that he will destroy Heresies that breaketh the bonde of vnitie that he will expell Peter Mogge bothe out of the Citie and also from Churche regiment that he would not suffer Peter being deposed to be admitted to the Cōmunion of the Churche but that by his honorable letters he would banishe him out of the boundes of Antioche And saith this Bishoppe of Rome Foelix vnto the Emperour In his place appoint you one that shall bewtifie the Priesthood by his woorkes Anastasius the Emperour deposed Macedoniue Bishoppe of Constantinople as one that falsified the Ghospels as Liberatus saithe About the election of Symachus Platina mentioneth what great diuision and sedition arose in so much y t the parties were faine to agrée to haue a councell holden for the determination of the matter And there was a councell appointed at Rauenna saith Sabellicus to the ende that the controuersie might be decided accordinge to righte before the Kinge Theodoriche before whome the matter was so discussed that at the last this Pope Symachus was cōfirmed Neuerthelesse this fyre was not thus so quite quenched but that fower yéeres after it blased out sorer againe VVhereat the Kinge saith Platina beinge displeased sent Peter the Bishop of Altine to Rome to enioy the sea and both the other to be deposed Whereupon an other Synode was called of 120. Bishoppes wherein saith Sabellicus the Pope him selfe defended his owne cause so stoutely and cunningly and confuted saith Platina all the obiections laide against him that by the verdict of them all he was acquited and all the faulte laide to Laurence and Peter But to the intent it may the better appeare what was the Kinges authoritie about these matters marke the fourth Romaine Synode holden in the time of this Symachus about the same matter of his whiche although it be mangled and confusedly set foorth in the Booke of generall Councelles bicause as it may séeme that they woulde not haue the whole trueth of this dissention appeare yet will it
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 decreâ— 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 coÌ„maundeth 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 CabiloneuÌ„ 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 commaundemeÌ„t 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 commauÌ„deth 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 Pâ—â—nitentiarâ—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 subiectioÌ„ 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
your order and praecept wherein for the Seruice and Mynisterie sake that yee owe to God you had the chiefe rule and gouernmēt hath in all pointes followed the doctrine of the Apostles and approued Fathers I doo detest therefore and curse all Heretiques yea Honorius also late Bishop of this sea who laboured prophanely to betray and subuerte the immaculate faithe O holy Churche the mother of the faithfull arise put of thy mourninge weede and clothe thy selfe with ioyefull apparaile beholde thy Sonne the moste constant Constantine of all Princes thy defendour thy helper be not afraide hath girded him selfe with the swoorde of Goddes woorde wherewith he deuideth the miscreauntes from the Faithfull hath armed him selfe in the coate armour of Faithe and for his helmet the hope of Saluation This newe Dauid and Constantine hath vanquished the great Goliath thy boastinge enemy the very Prince and chieftaine of all mischiefe and errours the Deuill and by his carefull trauaile the right faith hath recouered her brightnes and shineth thorough the whole worlde Bamba Kinge of Spaine commaunded a Synode to be had at Toletum in the fourthe yéere of his reigne the occasion was this There had béene no Synode by the space of 18. yéeres before as it is saide in the preface to this Councell by meanes whereof the woorde of God was despised the Churche discipline neglected all Godly order distourbed and the Churche toste and tumbled as a shippe without a rower and sterne meaninge a Kinge to call them togeather in Synode By the carefull zeale of this Kinge beyng called togeather they consulte how to refourme errours about Faithe corruption of discipline and other disorders againste godlines and Religion And at the ende they doo geue great thankes vnto the noble and vertuous Kinge by whose ordinaunce and carefull endeuour they were commaunded to this consultacion who as they affirme of him comminge as a newe repayrer of the Ecclesiasticall discipline in these times not onely intended to restore the orders of the Councelles before this time omitted but also hath decreed and appoincted yeerely Synodes to bée kepts hereafter Eringius kinge of Spaine commaundeth the Bishopps and other of his Clergie to assemble togeather at Toletum in one Synode the first yere of his reigne And called an other to the same place the fourth yeere of his reigne to consulte about reformation of the Churche discipline When the Bishoppes and the residue of the Cleargie were assembled in their conuocation at the commaundemente of the kinge he him selfe with many of his nobilitie and counsailours commeth in to them he declareth the cause wherefore he summoned this Synode he sheweth the miseries the whole countrey hath susteined and the plagues he declareth the cause to be Goddes wrathe kindled by meanes of the contempte of Goddes woorde and commaundement And be exhorteth them that they will with Godly zeale studie to purge the lande from prauitie by preachinge and exercise of godly discipline and that zealeouflye He doth exhorte his nobles that were there presente that they also woulde care diligently for the furtherance hereof he deliuereth vnto the Synode a booke conteininge the principall matter wherof they shoulde consulte And last of all he promiseth by his hande subscription that he will confirme and ratifie what the cleargie and nobilitie shall conclude touchinge these articles for the furtherance of godlinesse Churche Discipline Egita Kinge of Spayne caused in his time also three Councelles to be hadde and celebrated at Toletum for the preseruation of Religion with the Churche Discipline in sinceritie and puritie who also confirmed and ratisied the same with his Royall assent and authoritie Although aboute this time the Popes deuised horrible practises whereby to winne them selues from vnder the ouersight and controlment of the Emperour or any other and to haue the onely and supreame authoritie in them selues ouer al as thei had already obteined to their church the Supreme title to be head of other Churches Yeat the Emperoures had not altogeather surrendred from them selues to the Popes their authoritie and iurisdictions in Church matters For whan the Churche was gréeuously vexed with the controuersie about Images there were diuers great Synodes or Councelles called for the deciding of that troublesome matter by the Emperours and at the laste that whiche is called the seuenth generall or oecumenicall Conncell was called and summoned to be holden at Nice in Bithynia by Constantine and Irene the Emperesse his Mother who was the supreme worker and gouernour although but an ignoraunt and very superstitious woman I will say no worse in this matter For her Sonne was but aboute tenne yéeres olde as Zonoras affirmeth and she had the whole rule although he bare the name After the deathe of Paule the Emperour appointeth Tarasius the Secretary to be Patriarche at Constantinople the people lyked well thereof But Tarasius the Emperours Secretarie refused the office and woulde not take it vppon him till the Emperour had promised to call a generall Councell to quiete the brawles in the Churche aboute Images The Emperour writeth to the Patriarche of olde Rome and to the other Patriarches willinge them to sende their Legates vnto a Councell to bée holden at Nice in Bithynia The Bishoppes assemble at Nice by the commaundement and decrée of the Emperour as they confesse in diuerse places of this Councell Whan the Bishoppes were sette in Councell and many Laye persones of the nobilitie with them the holy Ghospelles were brought foorth as the maner was although the holy Ghospelles were not made Iudges in this councell as they ought to haue been and were in al the forenamed generall councels Tarasius commendeth the vigilant care and feruent zeale of the Emperours about Churche matters for ordering and pacifiyng wherof they haue called saith he this councell The Emperour sendeth vnto the Synode certeine counsailours with the Emperours letters patentes to this effect Constantinus and Irene to the Bishoppes assembled in the second Nicene Synode by Gods grace our fauour and the commaundement of our Emperiall outhoritie He sheweth that it apperteineth to the emperial office io mainteine the peace concorde and vnitie of the whole Romayne Empire but especially to preserue the estate of Gods holy Churches with all possible care and councell For this cause he hath with paine gathered this councel together geueth licence also and libertie to euery man without al feare to vtter his minde and iudgemont frankely to the ende the truthe may the better appeare He sheweth the order he obserued in making Tarasius Bishop He prescribeth vnto the Bishoppes what is their office and what they should doo propoundinge vnto them the holy Ghospelles as the right onely true rule they should folowe After this he mencioneth letters brought from the Bishop of Rome by his Legates the whiche he commaundeth to be openly redde in the councell and so appointeth also other thinges that they should reade There was nothing attempted or done in this councel
part of recompence the title of most Christian king and further to augmēt his beneuolence towardes Charles desired him to sende for his Bishops into Fraunce to celebrate a Synode at Rome wherein were gathered together of Bishops Abbottes and other Prelates about 154. In whiche councell also Carolus him selfe was present as saith Martinus Gratianus maketh report hereof out of the Churche history on this wise Charles after he had vanquished Desiderius came to Rome and appointed a Synode to be holden there with Adrian the Pope Adrian with the whole Synode deliuered vnto Charles the right and power to elect the Pope and to dispose the Apostolique sea They graunted also vnto him the dignitie of the aunciēt bloud of Rome wherby he was made a Patrician so capable of y e emperial dignitie Furthermore he decreed that the Archbisshops and Bishops in euery prouince should receiue their inuestiture of him so that none should be consecrate onlesse he were cōmended and inuestured Bishop of the Kinge VVhoso euer woulde doo contrary to this decree shoulde be accursed and except he repented his goodes also shoulde be confiscate Platina addeth Charles and the Pope the Romaines and the Frenche sweare the one to the other to keepe a perpetuall amitie and that those should be enemies to them both that anoyed the one Not longe after Charles perceiuing the Churches to be muche molested and drawne into partes with the Heresie of Foelix calleth a councell of all the Bishoppes vnder his dominions in Italy Fraunce and Germany to consulte and conclude a truthe and to bring the Churches to an vnitie therein as he him selfe affirmeth in his Epistle written to Elepandus Bishop of Tolet and the other Bishoppes of Spaine VVee haue commaunded saith Charles a Synodall councell to be had of deuout Fathers from all the Churches thoroughout our signiouryes to the ende that with one accorde it might be decreed what is to be beleeued touching the opiniō wee know that you haue brought in with newe assertions suche as the holy Catholique Churche in olde time neuer herde of Sabellicus also maketh mention of this Synode whiche was conuocated to Frankeforth ad Caroli aedictum at the commaundement of Charles Carolus Magnus calleth by his commaundement the Bishoppes of Fraunce to a Synode at Arelatum appointeth the Archebishops of Arelatum and Narbon to be chiefe there They declare to the Synode assembled that Carolus Magnus of feruent zeale and loue towardes Christe doth vigilantly care to establishe good orders in Goddes Churche and therefore exhorte them in his name that they diligently instructe the people with godly doctrine and examples of life When this Synode had consulted and agreed of suche matters as they thought fit for that time They decree that their dooinges should be presented vnto Carolus Magnus beseching him that where any defectes are in their decrees that he supply the same by his wisedome Yf any thinge be otherwise than well that he will amende it by his iudgement And that which is well that he wil ratifie ayde and assist by his authoritie By his cōmaundement also was an other Synode celebrated at Cabellinum whereunto he called many Bishops Abbottes who as they confesse in the Preface did consult collect many matters thought fit and necessary for that time the whiche they agreed neuertheles to present vnto Charles to be examined by his iudgemēt to be allowed confirmed amended or disallowed As this councell referreth al y e Ecclesiastical matters to y e iudgement correctiō disallowinge or confirminge of the Prince so amongst other matters this is to be noted that it prohibiteth the couetousnes and cauteles wherewith the Cleargy enriched them selues persuadinge the simple people to geue their landes and goodes to the Churche for their soules health The Fathers in this Synode complaine that the auncient Churche order of excommunicacion dooing penaunce reconciliation is quite out of vse Therfore they agrée to craue y e Princes order after what sort he y t doth cōmitte a publique offence may be punished by publique penance This councell also enueigheth against condēpneth gaddinge on pilgremage in Churche Mynisters Laye men great men beggers all whiche abuses saith the Synode after what sorte thei may be amēded the Princes minde must be knowē The same Charles calleth an other councell at Moguntia In y ◠beginning of their preface to the councel they salute Charles the moste Christian Emperour the authour of true Religion and mainteinour of Gods holy Church c. Shewyng vnto him y t they his most hūble seruauntes are come thyther according to his commaūdement that they geue God thankes Quia sanctae Ecclesia suae piū ac deuotum in seruitio suo concessit habere rectorē Bicause he hath geuen vnto his holy Churche a gouernour godly and deuoute in his seruice who in his times openinge the fountaine of godly wisedome doth cōtinually feede Christes sheepe with holy foode and instructeth thē with diuine knowledge farre passinge thorough his holy wisedome in moste deuout endeuour the other kinges of the earth c. And after they haue appointed in what order they deuide y e states in the councell the Bishops secular Priestes by them selues y e Abbottes religious by them selues the Lay nobilitie Iustices by them selues assigninge due honour to euery persone it followeth in their petition to y e Prince They desire his assistaunce ayde and cōfirmation of suche Articles as they haue agreed vppon so that he iudge them woorthy beseching him to cause that to be amended which is founde woorthy of amendement In like sorte did the Synode congregated at Rhemes by Charles more priscorū Imperatorū as the auncient Emperours were wonte to doo diuers other which he in his time called I would haue you to note besides y e authoritie of this noble Prince Charles y e great in these Church matters which was none other but the selfe same y e other Princes frō Constantine the great had vsed that the holy councell of Moguntia doth acknowledge confesse in plaine speach him to be the ruler of the Church in these Ecclesiasticall causes further that in all these councelles next to the confession of their faith to God without makinge any mention of the Pope they pray commaunde praier to be made for the Prince Pope Leo. 3. as the French Chronicles Nauclerus witnesseth sente foorth with after he was made Pope Peters keyes the Banner of the Citie and many other giftes vnto Charles requiring him y t he wold cause y e people of Rome to become subiect vnto the Pope that by Othe Charles mindinge to gratifie and pleasure Pope Leo there was a cause wherfore sente an Abbot on this busines assured the people of Rome to the Pope by othe This Leo his streight dealinges with the Romaynes was so hatefull vnto them was brought shortly into muche daungier of his life but farre more of his
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 coÌ„tendinge 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 couÌ„cell 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 wheÌ„ these Legates from the Emperour came to OctauiaÌ„ 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 â—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 â—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 pleÌ„tiful rewardes of money might be heaped vpoÌ„ 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 â—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
makinge festiuall daies in makinge Sainctes in readinge their legendes in the Churche in hallowyng Temples in woorshippinge Reliques in callinge Councelles in makinge religious Souldiours in refourminge vniuersities in studiynge liberall sciences and knowledge of the tongues in repayringe Libraries and in promotinge the learned After all these thinges beyng Ecclesiasticall matters or causes he concludeth with the dueties of Princes for the lookyng to the reformacion of these matters or any other that néedeth amendement The sixth saithe he and the laste consideracion shalbe of the refourminge of the state of the Laie Christians and chiefly the Princes of whose manners dependeth the behauiour of the people c. Let them see also that they repell all euill customes contrary to the lawe of God and the lawe of man in their subiectes by the counsayle of diuines and other wise men Also let them see that they pull vp by the rootes and destroye more diligently than they haue doone Magicall artes and other superstitions condemned by the lawe of God and all errours and heresies contrary to the Faithe Item that they watche and care earnestly for the exaltinge of the Faithe and the honour of Goddes Seruice and the refourminge of the Churche and that they labour and trauaile diligently for the reformation of all those thinges whiche are mentioned afore or here followyng or any other thinges profitable c. When this booke was thus compiled it was offered vp to the Councell saithe Orthwinus that the moste Christian Emperour Sigismonde had called togeather not so muche for the agreement of the Churche as for hope of a generall reformation of their manners hopinge verely that the Prelates woulde put to their helping hādes but the Romaine crafte beguiling the Germaine simplicitie the newe made Pope featly flouted the well meaning Emperour sayinge that he would thinke on this matter at laysure c. Thus was Sigismonde the Emperour misused whiche otherwise might seeme to haue been borne to haue restored Christianitie to the worlde againe The frustratinge of this reformation was on the other side no lesse gréeuous vnto the Frenche kinge that bothe before the time of the Councell and in the councell while had greatly trauailed in takinge away the Popes exactious and other ecclesiasticall abuses wherewith his realme was wonderfully oppressed as appeareth in the oration that the Frenche kinges Embassadours made in this Councell writen by Nico. de Clemangijs and set foorth in Orthwynus Gratius fardell of notable thinges After this Councell was an other holden at Basill whither came the Princes of Spaine Fraunce Hungary and Germany whiche dooinges of the Princes made Pope Eugenius so to feare that he thought to translate the Councell to Bonomia But the Emperour and other Princes and the Prelates whiche were at Basill not onely not obeyed him but twise or thryse admonished him to come thither This Pope was in this Councell deposed in the. 34. session Of this Councell the Emperour Sigismonde was the chiefe and protectour and in his absence appointed the Duke of Bauaria in his roome He caused the Bohemes to come to this Councell And whan he hearde of those matters in Religion which were generally agreed vppon he allowed them and commaunded them to be obserued After the death of Sigismonde Frederike the Emperour caused the Duke of Sauoy that was made Pope to renounce his Papacy and commaunded by his Decree the Prelates gathered at Basill to dissolue the Councell by a certaine daie This Emperour called a Councell at Mentze to make an ende and vtterly to take away the Schisme of the Church and to deliuer it from more greuous daungers He writeth to the Frenche Kinge thereof declaringe how this Schisme did so oppresse his minde and feruently sollicite him that as well for his loue to Religion as for his office called of God to be the chiefe aduocate of the Churche he did not onely runne with diligence to succour it but stired vp all kinges and Princes that with a pure sinceritie delighted in the name of Christe to runne with him in this so necessary and healthfull a woorke and to this purpose he declareth howe he hath appointed to all his princes and Prelates an assembly at Mentze whereat he entendeth to be personally praesent and therfore desireth the Frenche kinge also to bee there in his owne persone or at the least that he woulde sende his Oratours thither instructed distinctly with all waies and meanes by the whiche the Churche might be quiet from the calamities ready to fall on her Pope Eugenius sent to the Frenche king to desire him to take away his pragmaticall Lawe To whom the king answered that he would haue it kept inuiolatly Then the Pope desired the king neither to admitte Basill councel nor yet the councell at Mentze that was called to the whiche the king answered that he would take aduise Pius the seconde sent his Legate the Cardinal of Cusa into the cōtreis of Sigismond Duke of Austria which Legate when he would haue ordeined certaine Ecclesiasticall constitutions according to the Popes Lawe Sigismonde the Duke woulde not suffer that suche a custome should come into Germany Aeneas Syluius who after he was made Pope was called Pius the seconde was of this minde before he was Pope that secular Princes might call councels yea maugre the Popes head and therefore commendeth that deuise of Charles the Frenche king whiche saith he is both a saulf and a short way to still this mischiefe He meaneth to take awaye the Schisme and to restore vnitie to the Churche Of the same minde also was his Cardinall de Cusa as appeareth in his booke De Concordia Catholica saiynge By that which is aforesaide it is gathered that the holy Emperours alwayes made the Synodall congregations of vniuersall councels of the whole Churche and euen so I my selfe hauinge sought throughly the Actes of all the vniuersal councelles euen till the eight councell inclusiue celebrated in the time of Basil I haue founde it to be true and so also in the same eight Synode in the fifte Acte thereof we reade that the moste reuerende priest Elias and Syncellus of the throne of Hierusalem in the hearinge of all spake thus Knowe you that in the times past they were the Emperours whiche gathered together Synodes from out of the whole worlde and they collected their deputies to the disposing of suche manner causes VVhose steppes therefore our Emperour folowing beinge also a worshipper of God hath made this vniuersal Synode Thus saide he there and I haue also redde in the litle glosse of Anastasius the library keper of the Apostolical sea who trāslated the same Synode out of Greke vpon the same saying that Thēperours were wont togather vniuersal Synodes from al the world c. Next vnto Frederike was Maximilian Emperour to whome the Princes of Germany put vp certaine greuaunces in Ecclesiastical matters that anoyed the Empire in number 10. Against Bulles Priuileges
ElectioÌ„s 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 exhortatioÌ„s 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 couÌ„cel 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 thaÌ„ was king Henry the eight at the same time king of Englande of most famous memory who following the huÌ„ble 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 LondoÌ„ 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 LondoÌ„ and many others by whose aduise consent there was at that time also a learnâ—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
benefices thorough the whole worlde and more thei did choose the Pope as it is in C. Adrianus dist 63. And y e same Petrus in an other place saith thus Marke after what sorte and how many waies these Clergy mē doo snare the Lay and enlarge their owne iurisdiction but alas miserable Emperours and secular princes whiche doo suffer this and other thinges you both make your selues sclaues to the Bisshops and yee see the worlde vsurped by them infinite waies and yet yee study not for remedy bicause yee geue no heede to wisedome and knowledge As Petrus Ferrariensis attributeth both the swoordes that is both spirituall temporall iurisdiction to y e Emperour So 10. Quintinus Heduus a famous professour of the law in Paris one that attributeth so much to the Pope as may be muche more than ought to be saith y t In solo Principe omnis est potestas in the Prince alone is al power and thereto auoucheth this saying of Speculator De iurisdict omniū iudicū Quod quicquid est in regno id esse intelligitur de iurisdictione Regis that whatsoeuer is in a kingdome that is vnderstāded to be vnder the iurisdictiō of the kinge To which purpose he citeth an auncient learned one in y e Law whose name was Lotharius who saith he did say That the Prince is the foūtaine or welspring of al iurisdictiō protesteth also him selfe to be of y e same minde writing of the kinges power in Eccl. matters or causes he citeth this Canon Quādo vult Deus foorth of the decrées wherupon he as it were cōmenteth saying This is the reason wherfore it is leafull for the Prince some whiles to determine those thinges whiche concerne the Church least the honesty of the mother he meaneth y e Churche should in any thing be violated or least her trāquillity should be troubled specially of thē to whom she is cōmitted meaning y ◠Church Mynisters If there be any other thing this chiefly is an Ecclesiasticall matter namely to call or cōuocate Coūcelles saith Quintinus But this is the opinion saith he of many learned men that the Emperour may cōuocate a general Coūcel so often and for any cause whan the Pope and the Cardinalles be noted of any suspiciō and doo for slowe and ceasse either for lacke of skill or peraduenture of some euill meaning or of both or els whā there is any Schisme Cōstantinus saith he called the first Nicene coūcell the other three generall Councelles Gratianus Theodosius and Martianus the Emperours called by their edict Iustinianus called the fifte generall councell at Constantinople the Emperour Constantine 4. did conuocate the sixte generall Councell against the Monothelytes The authoritie of the kinge Theoderike cōmaunded the Bisshops and Priestes forth of diuers prouinces to assemble together at Rome for the purgation of Pope Symachus the firste Carolus Magnus as it is in our Histories cōmaunded fiue Councels to be celebrated for the Ecclesiasticall state to wit Moguntinum Remense Cabilonense Arelatense and Turonense The Pope calleth the Bisshoppes to Rome or to some other place the Kinge dooth forbidde them to go or he commaundeth them to come to his Courte or Councell the Bisshoppes must obey the kinges precept not onely in this case but in any other matter what so euer besides sinne for he that dooth not obserue his bounden fidèlitie to the kinge whether he be a Bisshoppe Priest or Deacon is to be throwne foorth of his degree or place For the proufe whereof he citeth many Canons out of the decrées and concludeth thus to be briefe this is mine opinion whan the kinge calleth together the Prelates to a Councell and to reforme the state of the Churche they are bounde to obey yea although the Pope forbidde it The people doth amende or reforme the negligence of the pastour Can. vlt. dist 65. Ergo the Prince also may doo the same If the Bisshop will not or doo forslowe to heare and to decide the controuersies of his Cleargy the Bisshoppe beynge slowe or caryinge ouer longe nothinge dooth hinder or stay saith the Canon to aske Episcopale iudicium the Bisshoply iudgement of the Emperour If it happen that the Priestes be not diligent about the Aultar offices if contēning the tēple neglecting the Sacrifices they hasten into kinges palayces runne to wrastlinge places doo prophane them selues in brothelles houses and if they cōuert that which the faithfull haue offred to Christ to the pleasures of them selues and of theirs wherefore shall not the princes whome the Catholique Faith hath begottē and taught in the bosome of the church call againe and take vpon themselues the care of this matter and so he prooueth at lardge by many examples out of the Histories and the Lawes that this care and chardge in Ecclesiastical matters and causes belongeth to the Princes vnto the whiche examples he addeth this In our Fathers time saith he Kinge Lewes 11. made a constitution that Archebishoppes Bishoppes Abbottes and who so euer had dignities in the Church or had the cure of other benefices should within fiue monethes resorte to their Churches and shoulde not remooue any more from thense diligently there labouringe in diuine matters and sacrifices for the saulfty of the kinge and his kingdome and that vnder a great paine of losinge all their goodes and landes Here Quintinus dooth greuously complaine of the dissolute and moste corrupt manners of the Cleargie whereto he addeth sayinge vvherefore than should not Princes compell this lewde idle kinde of men to doo their dueties If you delight in antiquities saith he no man dothe doubt but that in the primatiue Churche the Princes did iudge bothe of the Ecclesiasticall personnes and causes and did oftentimes make good Lawes for the trueth against falsehood Arcadius and Honorius religious Princes doo depose a troublesome Bishop both frō his Bishoprike sea and name The. 13. first titles of the firste booke of Iustinians Code collected out of the Constitutions of diuers Emperours doo plainly intreate and iudge of those thinges whiche appertaine to the Bishoply cure For what pertaineth more to the office of a Bisshop than Faith then Baptisme then the high Trinity than the conuersation of Monkes the ordeining of Clergy men and Bishoppes and than many like lawes whiche doubtles doo concerne our Religion and Church But the Nouel Constitutions of the Emperour Iustinian are full of suche Lawes And least peraduenture some man might suspect that this was tiranny or the oppression of the Churche Iohn the Pope dothe salute this Imperour the most clement Sonne learned in the Ecclesiasticall disciplines and the most Christian amongst Princes Epist inter claras De sūm a Trin. C. Childebertus the Kinge of Fraunce did exact of Pelagius 2. the confession of his faith and Religion the whiche the Pope bothe speedely and willingly did perfourme C. Sat agendum 25. q. 1. VVhan I was in Calabria saith Quintinus by chaunce I founde a fragment of a certaine
booke in Lombardy letters hauinge this inscription Capitula Caroli Then followeth an Epistle beginning thus I Charles by the grace of God and of his mercy the Kinge and gouernour of the kingdome of Fraunce a deuout defendour of Goddes holy Churche and an humble healper thereof To al the orders of the Ecclesiastical power or the dignities of the secular power greetinge And so reciteth al those Ecclesiasticall Lawes and constitucions whiche I haue writen before in Charles the great To all whiche saith Quintinus as it were in manner of a conclusion are these woordes put to I will compell all men to liue according to the Canons and rules of the Fathers Lewes the Emperour this Charles Sonne kept a Synode wherein he forbadde all Churchemen sumptuousnes or excesse in apparaile vanities of iewelles and ouermuche pompe Anno Christi 830. He also set forth a booke touchinge the manner and order of liuinge for the Churchemen I doubt not saithe Quintinus but the Churche shoulde vse and shoulde be bounde to suche lawes meaninge as Princes make in Ecclesiasticall matters Pope Leo. 3. saith he beinge accused by Campulus and Paschalis did purge himselfe before Charles the great beinge at Rome and as yet not Emperour Can. Auditū 2. q. 4. Leo. 4. offereth him selfe to be refourmed or amended if he haue done any thinge amisse by the iudgement of Lewes the Frenche kinge beinge Emperour Can. Nos si incompetenter 2. q. 7. Menna whome Gregory the great calleth moste reuerende brother and fellow Bishop beinge nowe already purged before Gregory is commaunded a freshe to purge him selfe of the crime obiected before Bruchinild the Queene of Fraunce Ca. Menna 2. q. 4. In whiche quaestion also it is redde that Pope Sixtus 3. did purge him selfe before the Emperour Valentinian Can. Mandastis So also Iohn 22. Bishop of Rome was compelled by meanes of the Diuines of Paris to recante before the Frenche Kinge Philippe not without triumphe the whiche 10. Gerson telleth in a Sermon De Pasc The Popes Heresie was that he thought the Christian Soules not to be receiued into glory before the resurrection of the Bodies Cresconius a noble man in Sicilia had authoritie or power geuen him of Pelagius the Pope ouer the Bishoppes in that Prouince oppressinge the Cleargie with vexations Can. Illud 10. q. 3. The whiche Canon of the law the Glossar doth interprete to be writen to a secular Prince in Ca. Clericum Nullus 11. q. 1. The Abbottes Bishops and the Popes themselues in some time paste were chosen by the Kinges prouision Ca. Adrianus 63. dist And in the same Canon Hinc est etiam 16. q. 1. Gregorius wrote vnto the Dukes Rodolph and Bertulph that they shoulde in no wise receiue priestes defiled with whoredome or Symony but that they should forbidde them frō the holy Mynisteries § Verum 32. dist in whiche place the interpretours doo note that Laymen sometimes may suspende Cleargymen from their office by the Popes commaundement yea also they may excommunicate whiche is woorthy of memory Hetherto Quintinius a learned lawyer and a great mainteinour of the Popes iurisdiction hath declared his opinion and that agreeable to the Popes owne Lawes that Princes may take vppon them to gouerne in Ecclesiasticall matters or causes Besides these Lawyers this was the common opinion of the chiefest writers of the common Lawe of this realme as appeareth by Braughton in these woordes Sunt sub rege c. Vnder the Kinge are both free men and bondemen and they be subiecte to his powre and are all vnder him and he is a certaine thing or creature that is vnder none but onely vnder God And againe in the chapiter the title whereof is this Rex non habe◠parem c. The Kinge hath no peere or equall in his kingdome The kinge saith he in his kingdome hath no equall for so might he lose his precepte or authoritie of commaundinge sithe that an equall hath no rule or commaundement ouer his equall as for the Kinge him selfe ought not to be vnder man but vnder God and vnder the Lawe bicause the Lawe maketh a Kinge Let the Kinge therfore attribute that vnto the Lawe that the Lawe attributeth vnto him to wit dominion and powre For he is not a Kinge in whome will and not the lawe doth rule and that he ought to be vnder the Lawe Cum sit Dei vicarius sithe he is the vicar of God it appeareth euidently by the likenes of Iesu Christe whose vicegerent he is in earth and within a litle after he concludeth thus Igitur non debet maior esse eo in regno suo Therefore there oughte to be none greater then he in his kingedome Thus haue I sufficiently proued that the Emperours and Kinges ought haue and maye claime and take vpon them suche gouernemente in Spiritual and Ecclesiastical causes and matters as the Quéenes Maiestie now doothe In confirmation whereof I haue béene more large than otherwise I woulde but that the proufe hereof doth reprooue and fully answeare the principal matter of your whole booke and therefore I may vse more briefnesse in that whiche followeth I haue made proufe vnto you sufficient to remoue your ignorance both of the matter and the way whereby to knowe confessed by you in your Minor Proposition And this haue I done by the selfe same Meanes that you requyre in your issue I haue made proufe of the Supreame gouernment in Ecclesiastical causes to belonge vnto Kinges and Princes by the expresse commaundement of God where he did firste describe set foorth the duety and office of Kinges I haue made the same more plaine and manifest by the examples of the moste holy gouernours amongest Goddes people as Moses Iosua Dauid Saloman Iosaphat Ezechias Iosias the Kinge of Niniue Darius and Nabugodonosor who exprest this to be the true meaning of Gods commaundement by their practise hereof so highly commended euen by the holy Ghoste whereunto I haue added certaine Prophecies foorth of Dauid Esaie wherby it is manifestly prooued that the holie Ghoste dothe looke for exacte and challenge this seruice and Supreame gouernment in churche causes at Princes handes I haue declared that the Catholique Churche of Christe did accept and repute these histories of the olde Testament to be Figures and Prophecies of the like gouernment and seruice to be required of the Kinges in the time of the Newe Testament I haue confirmed the same by the manifest Scriptures of the Newe Testament Whervnto I haue adioygned the testimonies of aunciente Doctours with certain examples of most godly Emperours who beynge so taught by the moste Catholique Fathers of Christes Churche did rightly Iudge that the vigilant care ouersight and orderynge of churche causes was the chiefest and best parte of their Ministerie and seruice vnto the Lorde I haue shewed plainely by the order of Supreame gouernment in Churche causes practised set foorth and allowed in the greattest and best Councelles bothe Generall and Nationall that
place of the Actes of y e Apostles vt pascatis EcclesiaÌ„ to feede the Church S. Peter making the like exhortation to this of S. Paule to the Bishops dispersed vseth y e selfe same woorde saying Pascite quantuÌ„ in vobis est gregem Christi Feede so muche as you may the flocke of Christ Christ him selfe also teachinge Peter all other Bishops what manner of rule gouernment as properly geuen them by Gods woorde they should haue in y e Church doth expresse it with y e selfe same woorde saying Pasce agnos meos feede my LaÌ„bes To rule gouerne the L. household faithfully and prudently Christ expouÌ„deth to be nothing els in general thaÌ„ to geue meate vnto his family in due season Neither did our sauiour Christ geue other power authority or coÌ„missioÌ„ vnto his Apostels so to al other Bishops as properly belonginge and onely to the Bishoply office then this As my Father sente me so I sende you receiue the holy ghost whose sinnes yee remit they are remitted whose sinnes yee retaine they are reteyned goo therefore and teache all nations Baptizinge them in the name of the Father and of the Sonne and of the holy Ghost teachinge them to obserue all thinges that I haue commaunded you So that the Bishoply rule and gouernment of Gods Church consisteth in these thrée pointes to feade the Church with Goddes woorde to Mynister Christes Sacramentes and to binde and lose all whiche thrée partes Christ comprehendeth vnder this one saying to geue meate to the Lordes family in due season And S. Paule in these woordes to feede the Churche of God The circumstaunce of the sentence whiche you alledged foorth of the Actes doth also shewe in the example of Paule him selfe who was inferiour to none of the Apostles and Churche mynisters in any point that he claimed or tooke vppon him none other rule or gouernment than of féedinge Goddes Church with the spiritual foode of the Ghospell He setteth foorth the execution of his owne office and by that example moueth the Bishoppes of Ephesus to the like sayinge I haue serued the Lorde with all humblenes of minde I haue leaft nothinge vndoone that might be profitable to you but I haue declared and taught you openly and priuely the repeÌ„taunce and faith in God and Iesus Christe I receyued an office of mynistery from the Lorde Iesus to testifie the ghospell of Gods grace and to preach the kingdome of God I haue hidden nothinge of Goddes councell from you Take heede therfore to your selues and to Christes flocke as I haue doone whereof the holy Ghost hath appointed you Bisshoppes as he did me to feede the Churche of God as you knowe and sée that I haue done This that you call to gouerne and rule was with Paule to serue with lowlines to mynister with watchefulnes to preache teache and testifie the Ghospell and the kingedome of God publikely and priuately and to shewe to the flocke all the Councell of God touchinge their saluation keepinge nothinge thereof backe from them To gouerne the Churche of God after this sorte belongeth to the onely office of Bishoppes and Churche mynisters and not to Kinges Quéenes and Princes who may not neither doo clayme or take vppon them this kinde of spirituall gouernment and rule or any part thereof with the Bishops neither doo they take the supremacy and chiefe parte of this spirituall gouernement from the Churche mynisters As contrary wise the Churche mynisters ought not to claime and take vppon them the supremacy of gouernement as the Papistes of longe time haue doone from Kinges Quéenes and Princes M. Fekenham And vvhan your L. shalbe hable to prooue that these vvoordes of the Apostle Paule and by him vvriten in his Epistle vnto the Hebrevves Obedite praepositis vestris subiacete eis ipsi enim peruigilant quasi rationem pro animabus vestris reddituri vt cum gaudio hoc faciant non gementes Doo yee obey your spirituall gouernours and submitte your selues vnto them for they watche as men whiche muste geue accompt for your soules that they may doo it with ioye and not with griefe VVhan your L. shalbe hable to proue that these vvoordes vvere not vvriten of the Apostle Paule asvvell for all Christian Emperours Kinges and Queenes as for the inferiour sort of people than shall I in like maner yelde touchinge that text of Paule and thinke my selfe very vvell satisfied The B. of Wynchester No man hath or dooth denie that the Churche mynisters hath to gouerne the flocke by preachinge and feedinge with the woorde which is the rule or gouernment that Paule speaketh of in this place also whereto all Princes are and ought to be subiecte and obedient For this subiection and obedieÌ„ce to the woorde of the Ghospel taught and preached by the Bishoppes sittinge in Christes chayre whiche is the whole rule and gouernement they haue or ought to clayme as propre to their callinge is commaunded so well to Princes as to the inferiour sorte of the people as you say truely although your cause is no deale holpen nor my assertion any whit improued thereby M. Fekenham And vvhen your L. shalbe hable to proue that these vvoordes of Paule Mulieres in Ecclesijs taceant c. Let the wemen keepe silence in the Churche for it is not permitted vnto them there to speake but let them liue vnder obedience lyke as the Lawe of God appointeth them and if they be desirous to learne any thing let them aske their husbandes at home for it is a shamefull and rebukefull thinge for a woman to speake in the Churche of Christe VVhan your L. shalbe hable to proue that these vvoordes of Paule vvere not asvvell spoken of Queenes Duchesses and of noble VVomen as of the meane and inferiour sorte of vvomen Like as these vvoordes of almighty God spoken in the plague and punishment first vnto our mother Eue for her offence and secondarily by her vnto all vvomen vvithout exception vidêª Multiplicabo aerumnas c. I shall encrease thy dolours sorowes and conceyuinges and in payne and trauayle thou shalt bringe foorth thy children and thou shalt lyue vnder the authority and power of thy husbande and he shall haue the gouernement and dominion ouer thee VVhan your L. shalbe hable to proue any exception to be made either in these vvoordes spoken in the olde Lavve by the mouth of God either in the vvoordes before spoken of the Apostle Paule in the nevv than I shall in like manner yelde and vvith moste humble thankes thinke my selfe very vvell satisfied in conscience not onely touchinge all the afore alleadged testimonies but also in this seconde chiefe pointe The B. of Wynchester I doo graunt the woordes of the holy Scriptures in bothe these places to be spoken to all states of wemen without exception But what make they for your purpose how doo they conclude and confirme your cause Women muste be silent in the Churche and are not
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 froÌ„ 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 â–ª 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 coÌ„monly receiued opinion is in Christê Churche according to the nomber of the. xtj. Apostles but twelue articles whiche are called in the vsuall speche of the catholique ChristiaÌ„s 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
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 coÌ„mission 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 gouernmeÌ„t 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 coÌ„clude 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 antecedeÌ„t 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 iurisdictioÌ„ 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 theÌ„ if they might not visit refourme order and correct them by that commission without a further commissiâ—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
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 begâ—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 iudgemeÌ„t 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 â— ecclesiastical CanoÌ„ 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 coÌ„demneth 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 froÌ„ 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 couÌ„cels citeth Hosius also who enclineth to that purpose both of theÌ„ confessing y â— Constans Constantius TheÌ„perours did cal al the Bishops to y e couÌ„cel which he calleth SardiceÌ„se consiliuÌ„ about the accusatioÌ„s crimes laid in against Athanasius And Theodoretus affirmeth y t this Emperour CoÌ„stantius 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 couÌ„cel as though his power had béene absolute without limites or boundes willinge them yea coÌ„pelling 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 opeÌ„ly reproue the Kinge for his wicked and vniust rule or coÌ„maundement 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 â—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 constituiâ—te hodie super gentes super regna vt euellas destruas disperdâ—s dissipes aedifices plantes Gregorius Nazianzenuâ— sermone de dictis Hieremiae ad Iuliaâ—um Imperatorem Puâ—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
nunquid iustum videtur si cedat spiritus carni si à terrenis caelestia superentur si diuinis praeferantur humana Sed patienter quaeso accipite libertatem nostram Scio te ouem esse gregis mei scio te intra sacra altaria cum veneratione subijci manibus sacerdotis c. And by this Prophete Ezechiel almighty God saith Ve pastoribus Israel quod infirmum fuit non consolidastis quod aegrotum non sanastis quod confractum non alligastis quod abiectum non reduxistis quod perierat non quaesistis Into the vvhiche maledictions and curses the Bishoppes and Priestes muste needes encurre if they haue no Iurisdiction ouer their flocke if they may not visit them if they may not refourme them if they may not order and correct them at all times as they shall see cause Chrysostomus Homil. 5. de verbis Esaiae vbi sacerdotem astâ—uit esse medium inter Deum Hominem nullumque honorem in terris illius honori posse conferri And therefore here to conclude this my obiection vnto your L. aunsvveare I shall here finishe the same sayinge vvith the blessed martyr Ignatius S. Iohn the Euangelistes disciple Quod nemo praeter Episcopum aliquid agat eorum quae ad Ecclesiam pertinent And so to adioyne hereunto the sayinge of S. Augustine vvho in speaking Contra IulianuÌ„ ait de doctoribus Ecclesiae quod credunt credo quod tenent teneo quod docent doceo quod praedicant praedico istis cede mihi cedes c. The B. of Wynchester In all this parte there is not one sentence that can be drawen by any force to helpe your cause It suffised you to heape vp a sorte of testimonies togeather to make a shew although nothing to the purpose Yea the woordes spoken to the Prophet Hieremy maketh plainely against you For they shew that the mynisters in Gods Church haue authoritie to plucke vp by the rootes and to destroy euilles and the kingedome of Satan to plante good thinges and to edifie the Churche as the glose enterlined hath it or all maner wicked and false doctrine and what so euer the heauenly Father hath not planted as the glose ordinary expoundeth it But the meanes whereby this iurisdiction and authority is exercised is limited and appointed in these woordes Beholde I haue put my woordes in thy mouth saithe God to Hieremy So that other iurisdiction ouer people kingdomes than the preachinge of Goddes woorde Hieremy had not Hieremyes mouth is touched saith y â— glose ordinary and the Lordes woordes are geuen to him that he shoulde receiue boldenes to preache Of this holdenes to preache the woorde of God speaketh Gregory Nazianz. in the place by you alledged After he had comforted his hearers he tourneth his speache to the Princes and suche as were in authority muste wee spare you saithe he bicause of your power as though we feared or were ashamed of the libertie geuen vs of Christe Christes lawe hath made you subiect to my power and to my iudgement seate He speaketh of a spirituall subiection by faith obedience to the mynister exhortinge comfortinge and edifiyng to eternall life by the woorde of God And he addeth more expressedly what maner of rule or empyre he challendgeth namely suche as bringeth the fleashe to be subiect to the spyrite suche as maketh earthly thinges subiect to Heauenly And the subiection he requireth is none other than such as the spiritual shéepe oweth to the spiritual pastour whose rule and subiection Christe vttereth in this sentence My sheepe heare my voice and follow me I know saith Nazianzene to the Emperour that thou arte a sheepe of my flocke and thereupon he concludeth that he muste boldely preache the woorde to the Emperour that he on the other side is subiect therto ought to obey And this is the propre Iurisdiction that belongeth to the Bishoppes Priestes the whiche if they exercise with all possible diligence faithfulnes they shall escape the curses that the Prophete Ezechiel menasseth As coÌ„trarywise if they vse neuer so princely your popish or rather pompous Canon Lawe iurisdiction whiche consisteth in Courtly consistories Forinsecall iudgements farre disagreynge from the right iurisdiction of true and Christianlike Prelates they shal not in y e ende escape the deserued maledictions and curses threatned to such by the Prophet Ezechiel Chrysostome in the homily by you cited condemning the presumptuousnes of the kinge Ozias in enterprising to offer incense whiche belonged by Gods coÌ„maundement onely to the Priest doth compare the obiect or matter of bothe their Mynisteries togeather affirminge that the Priestly dignity respectinge the matter whereabout it is exercised whiche is heauenly and spirituall doth farre excéede the other for y t the matter thereof is but earthly and outwarde His woordes maketh his meaninge plaine The kingly throne saith he hath the administration of earthly thinges and hath not beyoÌ„de this power any further authority But the throne of the Priest is placed in heauen and he hath authority to pronounce of heauenly businesses who saithe these thinges the kinge of heauen him selfe what so euer yee binde vppon earthe shalbe bounde in heaueÌ„ also and what so euer ye lowse on earth shalbe lowsed in heauen also what may be coÌ„pared with this honour Heauen taketh of the earth principall authority to iudge For the iudge sitteth in the earthe the Lorde Christe followeth the seruaunt and what so euer this seruaunt iudgeth in the inferiour partes that same he Christ approueth in Heauen Therefore the Priest standeth a meane or mediatour betwixt God and mans nature bringyng vnto vs the benefites that comme from thense from Heauen c. These woordes of Chrysostome if they haue not an indifferent interpretour that will make his woordes by iuste circumstaunce to serue his meaninge and not to binde his meaninge to his bare woordes will make Heauen to receiue authoritie of the Earth will proue Christe to be inferiour to the Prieste and the Priest to haue the mediation betwixt God and man by meanes whereof wee may receiue the Graces that cummeth from Heauen whiche mediation belongeth onely to Christe Now sith in al these obiections hitherto ye haue brought foorthe nothinge at all that eyther made not againste your selfe or that maketh any whitte for you it is more then time yée drawe to Conclusion and bycause no good Conclusion can followe of euill premisses yée were dryuen to conclude finishe vp your obiection with the like patchinge wrestinge and falsifiynge your Authours as yee did before and therefore in the Conclusion like to him that hauinge no right to any claymed all to obteine somewhat at the least Euen so you to prooue that your Bishops and priestes haue al iurisdiction Ecclesiastical alleage a peece of a seÌ„tence out of Ignatius which barely by it selfe recited géeueth not onely all that vnto the Bishop but al thinges belonginge to the Church besides and that no man may