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

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three or foure at the table who esteemed that which I had said not for a paradoxe but for an Adoxe or flat absurditie seeing many Christian countries both lately and at this present haue admitted forain gouernment in matters of religion By this time the Basons and Ewers were set vpon the table and all of vs were attentiue to the giuing of thankes After wee had washed and the cloath was taken away N. in this sort renewed speech What hath been the vse of auncient Empires and Common-wealths concerning supreame gouernment in matters pertaining to religion I haue not I doe confesse obserued But it seemeth indeed that the politicall gouernment in Ecclesiasticall affaires should be a point of Regalitie and that it is a hard matter if not impossible for any state either to grow or long time to continue very great wherein a forraine power doth hold the regiment in religion At the least either to grow or continue any greater then that forraine power shall thinke expedient That which from me was openly reiected being allowed by N. and in the very same words by him repeated found good acceptance among the rest Whereupon I tooke occasion to say that speech I perceiued was oftentimes like vnto coine which passed for currant not in regard of the mettall onely but chiefely in regard of the stampe that was set vpon it Nay said N. beautifying his speech with a courteous smile we will also bring your mettall to the touch There is but one truth in religion which is not subiect to any humane power but the discipline thereof or matters of circumstance and externall forme are held by our Church to depend vpon the power of the Prince If question be made touching matter of substance the same also may be determined within the realme by the Clergie thereof assembled together by authoritie of the Prince Or if the Clergie of any other countrie should be taken to assistance or aduice they come as equals and not as superiours For so Eusebius reporteth that Cyprian Bishop of Carthage did aduise with the Bishop of Rome concerning the affaires of the Church and that Dyonise of Alexandria aduised in like sort with Cornelius Stephen and Sixtus Bishops of Rome without attributing vnto them either title or qualitie otherwise then as men of their owne order and ranke Now I haue read many controuersies in Diuinitie concerning this question whereof the multitude doth rather cloy then content and therefore I will not embarke you in that disputation If you can make proofe out of other writers that this authoritie in matters of religion is a right of Regalitie it will follow I suppose that it cannot without apparant danger depend vpon a foraine power If also you do manifest that in all principall Empires and Common-wealths this authoritie hath bin exercised by the chiefe in state you may probably conclude that it is a Regalitie For these rights doe little varie but remaine in a manner the very same in all states of what kind soeuer they are And although true religion is reuealed vnto vs by God yet religion in the generall proceedeth from nature in regard whereof there is some coherence and communitie in all sorts of religions as to acknowledge that there is a God to worship him to worship him by oblation and sacrifice c. For although all nations doe not acknowledge and worship the true God yet there is no nation as Cicero saith which doth not both acknowledge and adore some These generall points which naturally or by consent of nations are common in religion may well bee considered without contending which religion in particular is true For this will hardly by all parties be agreed because euery man as Philo saith either by vse or by instruction iudgeth his owne religion best So Chrysostome affirmeth that in all differencies of religion euery man will say I say true But this argument which you haue propounded being new this point being not pointed at by any whom I haue seene I would gladly here you fortifie the same The argument being new answered I and now newly raysed into question you must not engage your expectation too farre I shall doe much if I minister some matter for better iudgements to work into forme The rights of Soueraignty or of maiesty so termed by Cicero and by Liuie the rights of Empire and of Imperiall Maiestie by Tacitus sacraregni by Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by the Lawyers Sacra sacrorum sacra indiuidua iura sublimia by the Feudistes iura regalia are nothing else but an absolute and perpetuall power to exercise the highest actions and affaires in some cretaine state These are the proper qualities of Soueraigne or Maiesticall power that it be both absolute and also perpetuall If it be absolute but not perpetuall th●n is it not soueraigne for such power hath been oftentimes committed by the Romanes to their Dictators by the Lacedemonians to their Harmostes by many Kings to their Regents Viceroyes or Lieutenants But because they haue no proprietie of power inherent in them but only an execution or exercise thereof committed to their charge vnder limitation of time because also it may vpon iust cause bee reuoked within that time they are not accounted to haue the same in Soueraignetie And this holdeth true although such power bee committed for a very long time as the Athenians did to their great Archos for tenne yeres although it bee committed also in a most ample manner which the auncient Latines called optima lege without controlement or account such as had the Pontifices in Rome or as the Cuidians euery yeere chose 60. of their Citizens whom for this cause they called Amimones that is men without imputation or account And lastly although it be without certaine limitation of time as sometimes had the Regents of France created for the infancie furie or absence of their King who before the law of Charles the fifth dispatched matters in their proper name Againe if it be perpetuall but not absolute as either depending vpon some other or else giuen either vpon charge or with exception and restraint then is it not soueraigne For such power was giuen by decree of Charles the fifth Emperor to the Senate of Milan To confirme the constitutions of the Prince as also to infirme and abrogate the same to dispence contrarie to the statutes to make enablements giue prerogatiues graunt restitutions c. that no appeale should be made from the Senate c. And whatsoeuer they should doe should haue like force as if it were done or decreed by the Prince Yet might they not graunt pardon for offences or giue letters of safe conduct vnto parties conuicted So likewise in the ancient forme of inaugurating the Kings of Arragon the great Magistrate or Iustice said thus vnto him Wee who are in vertue not inferiour and in power greater then thy selfe create thee King yet with this condition that one amongst vs shal haue
written The honor of Priesthood is a great assurance of power to the Iewes The Scriptures doe further testifie that Melchisedeen was both King and Priest and that Balak King of Moab offered sacrifice together with Balaam The Aegyptians from amongst whom the Iewes were extracted and with whom they communicated in many ceremonies are reported likewise by some to haue annexed the royall and priestly dignitie together Marcilius Ficinus affirmeth out of Plato and Seuerus in Stob●●us that their custome was to elect Priests out of their Philosophers and out of their Priests whom Diodorus placeth next in dignitie to the King as Strabo writeth of the Priests of the Albanes to make choice of the best approued for their King Wherupon Mercurius the grand-child of that Mercurie who was sonne to Iupiter and Maia being called by the Aegyptians Tenot by the Grecians was named Trismegistus which signifieth thrice greatest because he was the greatest Philosopher for so is he also termed by Tertullian the greatest Priest and the greatest King although Suidas coniectureth that name to be giuen him because he did expressely write of the Trinitie Strabo saith that in Aritia hee was a King who was Priest of Diana the same is confirmed by Suetonius and mentioned by diuers Poets namely Ouid Ecce suburbanae templum nemorale Dianae Partaque per gladios regna nocente mann And Lucane Qua sublime nemus Scythicae qua templa Diana And Valer. Flaccus Etsol● non mitis Aritia regt And la●tly by Martial Qua tri●ne nemerosa petit dum regna viator Octauum demina marmor ab vrbe legit The like doth Hartius report to be obserued in the Temple of Be●ona in Cappadocia The like also doth Virgil write of Anins ●● Rex idem hominum phoebique facerdos Diodorus Siculus affirmeth that the Priests of Pantheon were both Leaders in the field and also Iudges and arbitratours in controuersies of right Strabo testifieth that in Zela the Priest had supreme both dignitie and authoritie in all things Iustine writeth that Mida sonne of Gordius King of Phrygia being by Orpheus entred into the orders of the sacred and solemne mysteries of those times filled all Phrygia with religion wherewith he more assured himselfe then hee did by armes Tacitus reporteth that among the Germanes it was permitted to no man to beate or bind or otherwise to punish but only to the Priests Strabo saith that in Cuma of Pontus the Priest did weare a Diadem twise in the yeere which is the ensigne of a King Vitru●i●s declareth that among the Trallians the principall Priest had a princely Palace appointed for his aboad Diodorous Siculus Orosius and Pausanias doe write that the priest of Hercules in Tyre was apparrelled in purpure and did weare a Diadem vpon his head Herodiane writeth that the Priest of the Sunne among the Phoenicians was attired in a long garment consisting onely of purpure and gold and did weare a Crowne of gold set with precious stones and that Heliogabalus being Emperour of Rome did exercise that priesthood Ferd. Lopex affirmeth that the Kings of Malabar in East India are Priests or Bramenes and must die in their sacred place as men consecrated vnto God And in China there is an auncient law that no religion bee brought in without allowance of the King and of his Councell he that violateth this law is punished by death In the first great Empire Berosus hath left written that Ninus first dedicated Temples to Iupiter Belus and Iuno his parents and caused them to bee honoured as Gods Zamies Ninias his sonne exceedingly both amplified and adorned these Temples Belochus with the rule of his Empire exercised also the office of the high Priest of the same Iupiter Belus and for that cause the name Belochus was giuen vnto him The Kings of Persia vnder whose gouernment the second great Empire was founded are acknowledged by all writers to haue been inaugurated to be the Princes of their sacred ceremonies In Athens and Lacedaemonia the two eyes of Greece as Leptines and Iustine doe rightly tearme them the ceremonies of their religion were ordered by their Kings The Athenians had their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or King as Demosthenes testifieth who was president and chiefe directer in all their sacred ceremonies Xenophon saith that the Kings of the Spartanes or Laced ●monians so soone as they were assumed to that state of dignitie did discharge also the office of chiefe Priest to the celestiall and Lacaedemonian Iupiter Alexander the great Monarch of Greece did oftentimes offer sacrifice giue order for their kinde of religious obseruations and at the last commaunded diuine honours to bee done vnto himselfe Among the Romanes this was one of their ancient royall lawes Sacrorum omnium potestas sub regibus est● Let all sacred matters bee vnder the power of Kings Which law was stablished by their first King Romulus but seemeth also to haue been more anciently in vse insomuch as Seruius noteth that Virgil alwaies bringeth in Aeineas as president both in action and drection in all offices of their religion Whereof Ouid also seemeth to make mention in these words Vtque ea nunc certaest ita rex placare Numina lanigerae coniuge debet ouis After Romulus Numa Pōpilius performed al those sacrifices and rites which afterward were committed to y● Diall Flamen Dyonisius Halicarnassaeus and Plutarch doe affirme that he did beare the office of Pontifex Liuie writeth that hee committed the same to one of the chiefe Senators named Marcius Of these two Kings Cicero saith Romulus auspicijs Numa sacris constitutis fundamenta ieccrunt Romanae ciuitatis The Kings succeeding performed the most high and sacred rites of their religion with whom as Liuie writeth the Priests tooke often aduice concerning sacrifices and al sorts of ceremonies Whereupon Dionysius Halicarnassaeus affirmeth that they had the principalitie or chiefest rule of sacred matters and of sacrifices and that all things pertaining to diuine worship were ordered by them After that the Kings were cast out of state that the chiefest in power had authoritie to giue order in religion it may appeare by the two decrees of Senate before cited out of Liuie for excluding the vse of foraine ceremonies and rites but more plainely it appeareth in that it was decreed that no Bacchanalls should be kept either at Rome or within Italie if any man should esteeme such sacred solomnitie to be necessarie and that hee could not omit it without offence and violation of Religion he should declare the same to the citie Praetor the Praetor should consult with the Senate If it should be permitted him when a hundred and no fewer should be assembled in Senate that solemnitie might be performed so that no more than fiue should be present at the Sacrifice And although the
constitution he ordeined what manner of Clerkes should be ordained in the Church that Clerkes should not remoue themselues from a lesse Church to a greater and that the rents of the Church should be expended to godly vses and acts Hee appointed also the time for monasticall profession and the rules which Monkes should leade He established his ordinance for the election life and behauiour of Bishops and other Ecclesiasticall persons that they reside vpon their charge that they resort not to the Court except they be expressely called that they celebrate not diuine offices in any place which is not consecrated to the seruice of God He declared what causes should be lawfull for diuorce and separation of mariage as Theodosius the yonger and Valent. the third had done before him He ordained also that the holy Scriptures should be read in the vulgar tongue and appointed what translations should be in vse It would bee both tedious and vnnecessarie to make long stay vpon rehersall of those imperiall lawes which haue bin both receiued and reuerenced for gouernment of the Church For Iustinian professed that by authoritie of the lawes both diuine and humane affaires were well ordered and againe there is nothing but may be examined by authoritie of the Emperour for hee receiueth from God a generall principallitie and gouernment ouer all men The same is acknowledge by Pope Gregorie in his epistle to Mauritius To this end is power ouer all persons giuen from heauen vnto my Lord for assistance of good men and enlargement of the way to heauen Whereupon Espencaeus saith that Gregorie the great did ingeniouslie acknowledge a soueraignetie in Emperours ouer priests So Balsamon hath said that the Emperours had power to appoint patriarchall seas according to the power giuen them from aboue Whereto doth that of Isodore agree Princes of the world haue their authoritie and power in the Church that the ecclesiasticall discipline should bee held in strength that they who will not obserue it by admonition of the priest should be constrained by force of the Magistrate Yea diuers of the papall decrees for ordering of Ecclesiasticall affaires were lawes made by Christian Emperours of which lawes many are yet extant in the Codex of Theodosius The Canon Iudicantem expressing the office of a Iudge in cognisance of causes attributed by Gratian to Pope Eleutherius was made by the Emperor Constantine The Canon si quis Iratus attributed to Pope Fabian against accusers is a law of the same Emperour Constantine in the Codex of Theodosius The Canons which goe vnder the names of the same Fabian of Sixtus and of Hadrian concerning the same subiect are found to bee made by Gratian the sonne of Valentinian the first The decrees of Pope Caius and of Pope Iohn for restitution of Church goods taken from Bishops when they were forced from their sea are the Edictes of the same Emperour Gratian. The Canon qui ratione attributed to Pope Damasus for order in accusations is comprised in Theodosius Code vnder the name of the same Emperour The Canon nullus vnder the name of Pelagius was made by the Emperours Honorius and Arcadius The Canon quisquis vnder the name of Eutychian was promulged by the Emperours Honorius and Theodosius The Canon consanguineos for separation of marriage contracted within the prohibited degrees of consanguinity is a constitution of the Emperour Constantine the great The Canon Priuiligia for confirmation of the priuiledges of the Church vnder the name of Anacletus is a constitution of the Emperours Theodosius and Valentinian In a word the volume of decrees is filled with diuers constitutions of Christian Emperours either assumed by Popes or attributed vnto them without expressing either the name or authoritie of the Emperours And touching the rest Pope Honorius acknowledged that it was by decree of the Emperour Iustinian that the Canons of th● Fathers should haue the force of lawes Now when any difference did arise in matters of faith when any great schisme or disturbance was maintained in the church the Emperours did vse to assemble their Bishops in common Councell and those things that were by them decreed were afterwards confirmed by Imperiall constitution So Nicephorus and Eusebius doe write that Constantine the great hauing imployed Hosius Bishop of Corduba for composing the difference betwixt Alexander Bishop of Alexandria and Arrius wherewith the Church was exceedingly disturbed and perceiuing his good purpose thereby nothing aduanced assembled by his authority the Councel of Nice in Bithynia which he honored with his presence and defrayed the charge of 308. Bishops that were called to that Councell Of whom Eustachius Bishop of Antioch or rather as the Canon law affirmeth Constantine himselfe was president The forme of faith agreed vpon in this Councell was presently confirmed by Constantine and both imparted and imposed vpon others who had not bin present and charge giuen vnder paine of death that none should secretly preserue any of the bookes of Arrius from the fire Afterwards the same faith was both declared and confirmed by constitution of the Emperours Gratian Valentinian and Theodosius The generall Councel of Constantinople was assembled against the heresie of Macedonius by Theodosius the great The Bishops assembled in this Councel wrote thus in humble maner vnto the Emperour Theodosius We beseech your Maiestie that as you haue honored the Church by your letters wherewith you haue called vs together so it may please you to confirme the finall conclusion of our decrees with your sentence and with your seale The generall Councell of Ephesus was assembled by authoritie of Theodosius the yonger against the heresie of Nestorius The decrees of this Councell together with the decrees of the Councell of Nice containing the profession of Christian Faith was confirmed by a constitution of Theodosius and Valentinian whereby also the writings of Nestorius are condemned to the fire The fourth generall Councell was appointed by authoritie of the Emperour Martian first to be held at Nice afterwards vpon certaine occasions it was assembled at Chalcedon In this Councel Euagrius writeth that both the Bishops and temporall Iudges did oftentimes suspend their decrees in this sort Vnto vs it seemeth right if it shall also like our most vertuous and godly Lord the Emperour And in the end it is thus concluded all our doings being referred to the Emperours Maiestie Lastly the decrees of this Councell touching Christian Faith were confirmed by a publike constitution of the same Emperour Martian The fifth oecumenicall Councell was assembled by Iustinian the first and the sixth by Constantine the third both of them in the Citie of Constantinople The last of these Councels Constantine subscribed after that he had commaunded that ten Bishops of the East and ten of the West