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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
name of King at that time was hatefull to the Romanes yet they created a King whom they called Rex Sacrificulus or Rex sacrificus to performe those offices of their religion which in former times were proper to their Kings His office was not annuall but perpetuall which ioyned to his high title lest it should draw him to dangerous attempts they stripped him of all ciuill authoritie He might not beare either charge in the armie or magistracie in the common wealth He might not make any oration to the people nor deale with them about publike affayres His authoritie was restrained only to religion to offer sacrifices and to determine doubts if any did arise His person was sacred as Seruius noteth so that neither violence notr despight might be offered vnto him And yet the greatest Pontifex was preferred before him insomuch as in their festiuall solemnities hee was placed next to their greatest Pontifex aboue all the Flaminos His daughters might not be compelled to become Vestals His wise was called Regina sacrorum who euery Calendes did offer sacrifice to Iuno her head circled with a white wand of a Pomegranate tree called inarculum to whom the Vestals resorted vpon a certaine day in the yeere to admonish her not to neglect the solemne rites committed to her charge They erected also a Colledge of Pontifices First consisting of foure afterwards encreased to eight lastly by Sylla enlarged to fifteene Their office was both to preserue and interpret all solemnities pertaining to their religion to keepe a true record and remembrance of them to bee carefull that no Roman ceremonie were neglected and no externall obseruation brought in to determine what things were sacred and what prophane to appoint what sacrifices were to be offred vpon what daies in what Temples in what manner and whence the charge should bee supplied to decide doubtes concerning funerall obsequies performancies of vowes and oathes obseruation of festiuall times and such like If in any matter they did differ in iudgement that was obserued wherein the greatest part being three at least did fully agree They had also the interpretation of the Ciuill lawe which for many yeeres was reputed sacred among the Romanes They kept the Annales as Cicero saith of most memorable accidents and atchieuments euery yeere which were termed Annales maximi as Macrobius doth write and did set them forth in a white table called album pontificium out of which it was free for any man to write them It was also a part of their charge to repaire the bridges which vntil the time that Aemilius was Questor were made of timber and not fastned together with any iron or brasse These were esteemed sacred by the Romanes and if they were in any part decayed they might not be repaired but with sacrifices other ceremonious obseruancies From hence it is commonly supposed that they were called Pontifices but Scaeuola as Varro saith did more properly deriue that name from posse and facere not only in regard of their eminent authoritie but because the word facere in ancient Latine did signifie to sacrifice as Vigil speaketh Cum facer em vitula The principal of this Colledge was called Pontifex Maximus who as Iestus Pompeius and Valerius Maximus do write was the greatest Iudge in their religion And although other priests could not beare Empire in the armie or office in the state or be carried vpon horse or be three nights absent from the citie yet the same man might be Consul or Censor or Praetor or Magister equitum the greatest offices of that common wealth and also greatest Pontifex As Liuie writeth of P. Liciunius Crassus and M. Marcellus and of diuers others This Pontifex Maximus was so highly honoured in the populare state of Rome that hee was reputed to approach neere vnto the degree of dignitie which the kinges held in former times insomuch as L. Florus reporteth that a fine was imposed vpon C● Tremelius Tribune of the people for vsing vnciuill speeches against M. Aemilius Lepidus the greatest Pontifex A Sergeant was appointed to goe before him he was carried in a Coach-chaire called Curules sella which was reputed a royall ensigne because Romulus vsed the like by example of the Hetruscanes His doores were adorned with greene Lawrell if he vndertooke any office or charge he was not lyable as were other men either to controulement or account whether to the Senate or common people His proper ornament was a hat in token of his loftie estate If any offender did slie vnto him that day hee was protected from punishment Hee was married after a speciall manner called confarreatio His wife must be of singuler example and he might not iterat marriage the second time he might not behold a dead bodie hee might not foyle his hands with blood and neither giue nor assist sentence of death Hee was chiefe not onely of the College of Pontifices but also of him that was Rex sacrorum the Augures Flamines and vestale Virgins vpon whom hee might impose either fine or other punishment as the qualitie of their offences did require All their sacred matters whether publike or priuate did principally depend vpon his direction And yet this authoritie was often borne as hath been said by the highest ciuill Officers of that Common wealth the election of him pertained to the people and prouocation or appeale did lie also from him to the people For so Linie writeth that a contention did arise betwixt C. Seruilius the greatest Pontifex and L. Cornelius Dolabesta Du●muir because the Pontifex commaunded him to abdicate his office that he might be inaugurated Rex sacrificus in place of Cornelius Dol●bella This when the D●umuir refused to doe the Pontifex set a fine vpon him for which cause hee appealed and brought the matter before the people Many tribes being assembled the difference debated on both sides they commanded the Du●muir to bee obedient to the Pontifex and yet they remitted his fine in case hee should abandon his office In the meane time the heauens were couered with darke and thicke clowdes which brake forth into a terrible tēpest This being taken for ominous the assemblie dissolued and the authority to inaugurate was taken from the Pontifex The Common-wealth of y● Romans being changed againe to the gouernment of one the chiefest authoritie in all affaires depended vpon the Emperours For so Tertullian acknowledgeth the Heathen Emperours to be second and inferiour only to God before all and aboue all Againe he saith Wee worship the Emperour as a man next vnto God and inferiour only to God So did Eleutherius in those times Bishop of Rome write vnto Lucius King of Britaine You are Gods Vicar within your owne Realme according to 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
Peter was to be transmitted entirely to any of his successors in place who are so farre from being mentioned as it is nothing probable that euer they were ment For as Matthias was not the worse for succeeding vnto Iudas in place so is not any man the better onely for his locall succession to S. Peter Lastly seeing the promises of God are with exception if we continue in obedience to his wil and therefore although all the land of Canaan was expresly promised to Abraham and to his seede for an euerlasting possession yet was the posteritie of Abraham for their disobedience first cast out of the greatest part thereof and afterwards dispossessed of all And although the kingdome of Israel was expresly promised to Dauid and to his seede for euer yet the succession was broken off by reason of their sinnes Againe seeing the Church of Ephesus although furnished with many excellent vertues was threatned notwithstanding that the candlesticke should bee remoued out of his place onely for that their first loue was abated If wee should suppose supposall is free that expresse promise was made to S. Peter and to his successours the Bishops of Rome that they should represent the authoritie of Christ vpon earth it will be a hard piece to perswade men who haue not abandoned their owne iudgement that this power was not long since either expired or reuoked by reasō of the dissolute disorders the irregular outrages and impieties which haue bin ordinarie in that Sea Marc●lline sacrificed vnto Idols Liberius was an A●ian another a Nestorian Anastasius the second embraced the errour of Acatius Sabinian was a man of base behauiour and altogether opposite to the vertues of S. Gregorie Constantine the second procured himselfe to be elected by corruption and force Ioan the eighth was a woman and a harlot Romanus Theodorus Iohn the tenth and Christopher were infamous for seditions symonie lust and other base abuses in life Iohn 11. the bastard of Pope Sergius was elected by fauour of Theodora his mistrisse Iohn the 13. was accused of many vile villanies before the Emperour Otho the great Boniface the 7. attained his place by corruption and maintained it by sacrilege Siluester the second was a Magician and came to his dignitie by couenanting with the diuell Benedict the 10. was compelled to quit his place because of his Symony Boniface the 8. was aduanced like a Foxe reigned like a Lion and died like a dogge What shall we say that all these were the oracles of heauen the heads of the Church the guides and grounds of religion the successors of S. Peter the Vica●s generall of Iesus Christ wil worldly Princes endure such who are not only vnseruiceable vnto them but dishonorable but rebellious for their liefetenants And seeing good life is a sruite of faith seeing faith is expressed by actions of life shall we say that these men who liued in this sort could neither erre nor faile in faith Alas how then would they haue liued if they could haue erred or failed in faith I will not digge deep into this dunghill I will not speak of the heresies of Iohn the 23. of the scandalous deportments of Eugenius the 4. of the Incests Sorceries poysonings cutthroat cruelties of Alexander the 6. of the couetousnes the cruelties the periuries the blasphemies the adulteries the Sodometries the disdainfull pride the cunning dissimulatiō and other infamous behauior of diuers other Bishops of Rome I will not speake of the two monsters lately hatched within that Sea to the broad blemish of religion to the vtter ouerthrow of ciuill societie the one aequiuocation the other par●icide of Princes raising rebellions for the cause of religion In one word to the point of our purpose as Christ denied the Iewes to be the children of Abraham because they did not the workes of Abraham and as S. Paul said that the children not of the flesh but of the faith of Abraham were to bee accounted his seede in regard whereof S. Iohn also said that many affirmed themselues to be Iewes who were not so we may safely defend that the true succession of S. Peter and of the other Apostles consisteth not in comming after thē in place but in holding their doctrine and imitating their godlines in life This saith Gregorie Nazianzene and not succession in place is in proper sense to bee taken for succession For to expresse the same iudgement and mind is to possesse the very same Chaire the difference of Sea is the difference in opinion for doctrine and for life This is a succession in truth and indeed that is only a succession in name Strato●les published in the citie of Athens that whatsoeuer the tyrant Demetrius should ordaine the same was to be esteemed holy before God and iust before men When Cambyses was desirous to espouse his Sister the fact was iustified by this law of the Persians The King may do what soeuer he please Doubtlesse said he many Bishops of Rome in claiming Hyperbolicall power to beare through Diabolicall dristes haue bin rather successors to these men then vnto any of the Apostles To conclude with answere vnto those who can find a difference betweene the Pope and the Pope betweene the Pope as being a man and the Pope as being Bishop of Rome betweene the Pope in his Consistory and the Pope in his Palace or among his Souldiers in the field betweene the Imperiall and Pontificall Pope I will tell you what Fulgosius he that was throwen out of state in Liguria reported of a certaine Archbish●p of Colen As this Archbishop being also Duke of Colen passed through a small Village in Germanie with so great a trame of armed men according to the fashion of that people that it neerly approched the greatnes of an armie a certain countrie fellow brake forth into a loude laughter against him And being therefore presented before the Archbishop hee boldly said that hee could not refraine both to laugh and to admire considering the great pouertie the great humilitie wherein the Apostles passed the trauailes of this life that they who carrie themselues for the Apostles successours should thus plunge themselues both in plentie and in pride Simple fellow said the Archbishop I doe now beare the state and presence of a Duke I represent an Archbishop when I am within the church At this speech the fellow did ●ise into a more broad and bolde laughter And being demaunded the cause thereof I pray you said hee whilest this Duke ruineth the Church both by action and example how is the Bishop in the meane time busied and when this Duke for this cause shall goe to the diuell what shall then become of the Bishop There was not any amongs vs who did not countenance this conceit with a smile And this had put a period to our discourse had not one maintained it with further speech that he would gladly heare these questions so fullie followed as then hee saw