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

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Hosius a great learned and godly Bishop of Spaine to take order and to appeace the contention writinge to Alexander and to Arius a graue also a sharpe letter chardging Alexander with vanitie Arius with want of circumspection shewing them both that it was vnséemely for the one to moue suche a question and for the other to answeare therein vndiscreetly doone of them both And therfore commaundeth them to cease of from suche contentious disputatiōs to agree betwixt them selues to lay aside from thencefoorth such vaine and trifeling questions He pacified also the Schisme at Antioche begonne about the choosinge of their Bishop to whome for that purpose he sente honorable Embassadours with his letters to a great number of Bishoppes that than were at Antioche about that busines and to the people exhortinge them to quietnes and teachinge them saith Eusebius to studie after godlines in a decent manner declaringe vnto the Bishoppes as one that had authoritie ouer thē euen in suche matters what thinges apperteined and were séemely for them to doo in suche cases and noteth vnto them a direction which they should followe And after he had saith Eusebius geuen suche thinges in cōmaundement vnto the Bisshoppes or chiefe mynisters of the Churches he exhorted them that they woulde doo all thinges to the prayse and furtheraunce of Goddes Woorde This supreme authoritie of the Emperour in Church causes is moste liuely expressed by S. Augustine Eusebius where they make mencion of the horrible Schisme stirred by the Donatistes against Cecilianus Bishop of Carthage whose election and orderinge to be Bishoppe of Carthage Donatus and others of his companions misliked and therefore made a Schisme in that Churche The question in controuersie was whether Cecilianus beyng ordered Bishop hauinge the imposicion of handes by Felix were Lawfully consecrated and ordred or not This controuersie made a lamentable trouble amongest the Churches in Aphrike At the length the Donatistes accused Cecilian vnto the Emperour desired the Emperour to appointe some Delegates to iudge of this controuersie And for that all the Churches in Aphrique were banded either to the one party or the other and for that Fraunce was frée from this contention they require iudges to be appointed by his authoritie from amongest the Frenche Bishoppes The Emperour muche grieued y e the Church was thus torne in sundre with this schisme doth appoint Melciades Bishop of Rome and Marcus to be his delegates commissaries in this controuersie with certaine other Bishoppes of Fraunce Melciades colleages or fellowe Bishoppes whom the Emperour had cōmaunded to be there with them for that purpose These commissioners with certaine other Bishoppes accordinge to the Emperours commaūdement met at Rome and after due examinacion had doe condemne the Donatistes and pronounce Cecilianus cause to be good From this sentence of the Bishop of Rome and other Bishoppes his colleages being the Emperours delegates the Donatistes appeale vnto the Emperour not onely accusinge Cecilianus but also Melciades the Bishop of Rome and the other Commissaries Wherfore the Emperour causeth a Synode to be had at Arclatum committinge the cause to the Bishop thereof and other Bishoppes assembled there by his commaundement to be herde and discussed Whereunto he calleth Crestus the Bishoppe of Syracufe a Citie in Sicily by his letters Wherein he declareth in plaine termes that it belongeth to his imperiall cure to sée these controuersies in Church causes to be determined and ended Donatus his companions beinge condemned also by these Bishoppes in the Synode at Arclatum and Cecilianus cléered doo againe appeale vnto the Emperour from their sentence besechinge him to take the hearinge discussinge of the controuersie Who called both the parties together before him selfe at Millayne and after he had herde the whole matter what was to be saide on both sides he gaūe finall sentence with Cecilianus cōdemning y e Donatistes Who after all these thinges thus done as S. Augustine faithe made a very sharpe Lawe against the Donatistes the whiche also his Sonnes after him commaunded to be obserued Athanasius also that moste godly Bishop being ouer muche wronged in the Councell at Tyre did ●lie and àppeale from the iudgement of that Synode vnto Constantine the Emperour declaringe vnto him his griefes beséechinge him to take the hearinge of the matter before him selfe whiche the Emperour assented vnto writinge vnto the Synode assembled at Tyre commaunding them without delaie to come vnto his Courte and there to declare before me saithe this moste Christian Emperour whome yee shall not denie to be Goddes syncere mynister howe sincerely and rightly yee haue iudged in your Synode When this Synode was assembled at Tyre the Catholique Bishoppes of Egipt wrote vnto the honorable Flauius Dionysius whome the Emperour had made his Lieutenaunt to sée al things well ordered in that Councell and did desire him that he would reserue the examinacion and iudgemēt to the Emperour him selfe yea they doo adiure him that he doo not medle with their matter but referre the iudgement therof to the Emperour who they ●●ne we well woulde iudge rightly accordinge to the right order of the Churche There were no Churche mattiers or Ecclesiasticall causes wherein the continuall practise of the Churche of Christe in this Emperours time yea and many hundreth yéeres after did not attribute the supreme rule order and authoritie vnto Emperours and Kinges vppon whome all Churche mattiers did depende as witnesseth Socrates who sheweth this reason of that he doth thoroughout his Eccesiasticall History mention so much the Emperours Bicause that of the Emperours saith he after they beganne to be Christians the Churche matters doo depende yea the greatest Councelles haue beene and are called together accordinge to their appointment Eusebius commendeth the great bountifulnes of Constantine towardes al estates But saithe he this Emperour had a singuler care ouer Coddes Churche for as one appointed of God to be a common or vniuersall Bysshop he called Synodes or conuocations of Goddes mynisters together into one place that thereby he might appeace the contentious striainges that were amonge them in sundry places He disdayned not to be present with them in their Synodes and to sit in the middest of them as it had beene a meaner personnage commendinge and approuinge those that bente themselues of good meaninge to godly vnitie and shewed him selfe to mistike on the other side and to set naught by suche as were of contrary disposition The Ecclesiasticall histories make mention of many Synodes or councelles called or assembled at the appointment and order of this Emperour But the most famous and notable was the Nicene councell about the whiche consider and marke what was the occasion by whose authoritie it was summoned and called together and what was the dooynges of the Emperour from the beginninge vnto the dissolueion thereof and yée shall sée plainely as in a Glasse that by the order and practise of the
contrariwyse godlynes can not be had without peace and tranquilite of mynde and conscience This would be noted with good aduisement that S. Paule him selfe sheweth playnely prosperitie amongest Gods people and true Religion to be the benefites and fruites in generall that by Goddes ordinance springeth from the rule and gouernement of kynges and Magistrates vnto the weale of the people The whiche two although dyuers in them selues yet are so combyned and knyt together as it were incorporated in this one office of the Magistrate that the nouryshinge of the one is the feeding of y e other the decay of the one destroyeth or at the least deadly weakeneth them both So that one can not be in perfect good estate without the other The whiche knot and fastening together of Religion prosperitie in common weales the moste Christian and godly Emperours Theodosius and Valentinianus dyd wysely ses as appeareth in this that they wrote vnto Cyrill saiyng The suertie of our common weale dependeth vpon Goddes Religion and there is great kinred and societie betwixt these tweyne for they cleane together and the one groweth with the increase of the other in suche sorte that true Religion holpen with the indeuour of Iustice and the common weale holpen of them bothe flourisheth ●eing therefore that we are constituted of God to be the kinges and are the knitting together or ioynture of godlines and prosperitie in the subiectes we kepe the societie of these tweyne neuer to be sondred and so farre forth as by our forsight we procure peace vnto our subiectes we minister vnto the augmenting of the common weale but as we might say being seruauntes to our subiectes in all thinges that they may liue godly and be of a Religious conuersation as it becommeth godly ones we garnis he the common weale with honour hauing care as it is conuenient for them bothe for it can not be that diligently prouiding for the one we should not care in like sorte also for the other But we trauayle earnestly in this thing aboue the rest that the Ecclesiastical state may remaine sure bothe in suche sorte as is seemely for Goddes honour and fit for our tymes that it may continue in tranquilitie by common consent without variāce that it may be quiete through agreement in Ecclesiasticall matters that the godly Religion may be preserued vnreprouable and that the life of suche as are chosen into the Clergie and the great priesthood may be cleere from al fault Hitherto I haue proued playnely by the holy Scriptures and by some suche Doctours as from age to age haue wytnessed the order of Ecclesiasticall gouernement in the Churche of Christe yea by the confession testimony and example of some of the moste godly Emperours them selues that suche lyke gouernement in Churche causes as the Queenes maiestie taketh vpon her doth of dutie belonge vnto the cyuill Magistrates and Rulers and therfore they may yea they oughte to clayme and take vpon them the same Nowe remayneth that I proue this same by the continuall practise of the lyke gouernenement in some one parte of Christendome and by the generall counsayles wherein as ye affirme the right order of Ecclesiasticall gouernemēt in Christ his Church hath been moste faithfully declared and shewed from tyme to tyme. The gouernement that the Queenes maiestie taketh moste iustly vpon her in Ecclesiasticall causes is the guydyng caringe prouidyng orderyng dyrectynge and ayding the Ecclesiasticall state within her dominions to the furtheraunce mayntenaunce and settyng foorth of the true Religion vnitie quietnes of Christes Churche ouerseyng vysiting refourmyng restrayninge amendinge and correctyng all maner persones with al manner errours superstitions Heresies Schismes abuses offences contemptes and enormities in or about Christes Religion whatsoeuer This same authoritie rule and gouernement was practised in the catholique Churche by the most Christian kynges and Emperours approued confirmed commended by the best counsailes both generall and nationall Constantinus of whose carefull gouernement in Churche causes I haue spoken somewhat before tooke vpon him and did exercise the supreme rule ▪ aund gouernement in repressing all maner Idolatry and false Religion in reforming and promoting the true Religion and in restreining correcting al maner Errours Schismes Heresies and other enormities in or about Religion and was moued hereunto of dutie euen by Gods worde as he him selfe reporteth in a vehement prayer that he maketh vnto God saying I haue taken vpon mee and haue broughte to passe healthfull thinges meanyng reformation of Religion Being persuaded therunto by thy worde And publishing to all Churches after the councell at Nice what was there doone He professeth that in his iudgement the chiefest ende and purpose of his Imperiall gouernement oughte to be the preseruation of true Religion and godly quietnes in all Churches I haue iudged saieth this godly Emperour this ought before all other thinges to be the ende or purpose whereunto I should addresse my power and authoritie in gouernemēt that the vnitie of faithe pure loue and agreemēt of Religion towards the almighty God myght be kepte and mainteined amongest all Congregations of the catholique Churche He did not only abolishe al superstitions and false Religions whiche had been amongest the gentiles but also he repressed by his authoritie Lawes Decrees all such Heresies as sprong vp amongest the Christians sharpely reprouing and correcting the authours or mainteinours of hereticall doctrines as the Nouatians Valentinians Paulianes and Cataphrygiās as Eusebius saith of him And Theodoret us dooth recite a part of an Epistle that Constantine wrote vnto the Nicomedians wherein the Emperour hath this saiyng If we haue chast Byshops of right opiniō of curteous behauiour we reioyce But if any be enflamed rashly and vnaduisedly to continue the memory and commendation of those pestilent Heresies his foolebardy presumtion shal forthwith be corrected and kept vnder by my correctiō which am gods minister Cōstantinus also gaue Iniuctions to the chiefe mynisters of the churches that they should make speciall supplication to God for him He enioyned all his subiectes that they should keepe holy certaine daies dedicated to Christ and the Saturday He gaue a Lawe vnto the Rulers of the nations that they should celebrate the Sonday in like sort after the appointment of the Emperour And so the daies dedicated to the memory of martyrs and other festiual times c. And al suche thinges sayth Eusebius were done according to the ordinance of the Emperour He cōmaunded Eusebius the bishop to draw certein Instructions lessons as it wer Homelies forth of the holy scriptures y t they might be red in y e churches Which was done incōtinēt according to Thēperours cōmaūdement When the Emperour herde of the great schisme mooued betwixt Arius and Alexander the Bishop of Alexandria wherwith the Churche was piteously tormented and as it were rente in sondre he tooke vpon him as one that had the care and authoritie ouer all to sende
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
shewe muche that the Princes had no small entermedlinge and authority in Synodes Church matters This Synode was summoned to be kepte in Rome by the commaundement of the moste honorable Kinge Theodoriche He declareth that many and gréeuous complaintes were brought vnto him againste Symachus Bishoppe of Rome Symachus commeth into the Synode to answeare for him selfe geueth thankes to the Kinge for callinge the Synode requireth that he may be restored to suche thinges as he had loste by the suggestion of his enemies and to his former state and then to come to the cause and to answeare the accusers The more parte in the Synode thought this his demaunde reasonable Decernere tamen aliquid Synodus sine regia notitia non praesumpsit Yeat the Synode praesumed not to decre● any thinge without the Kinges knowledge Neyther came it to passe as they wished for the Kinge commaunded Symachus the Bishoppe of Rome to answeare his aduersaries before he shoulde resume any thinge And so the kinge committed the whole debatinge and iudginge of the matter to the Synode whiche concludeth the sentence with these woordes VVherefore accordinge to the Kinges will or commaundement who hath committed this cause to vs wee refourme or restore vnto him to Symachus what right so euer he ought to haue within the Citie of Rome or without As it is and shalbe most manifestly prooued and testified by the oecumenicall or general councelles wherin the order of the ecclesiastical gouernment in Christs Church hath béene most faithfully declared and shewed from time to time as you your selfe affirme that suche like gouernement as the Quéenes Maiestie doth claime and take vppon her in Ecclesiasticall causes was practised continually by the Emperours and approued praysed and highly commended by thousandes of the beste Bishoppes most godly Fathers that hath béene in Christes Church from time to time euen so shall I prooue by your owne booke of generall councelles mangled maymed and set foorth by papishe Donatistes them selues and other suche like Churche writers that this kinde and suche like gouernment as the Quéenes Maiestie doth vse in Churche causes was by continuall practise not in some one onely Churche or parte of Christendome whereof you craue proufe as though not possible to be shewed but in the notablest Kingdomes of al Christendome as Fraunce and Spaine put in vre whereby your wilfull and malicious ignorance shalbe made so plaine that it shalbe palpable to them whose eyes you haue so bleared that they cannot sée the trueth Clodoueus about this time the firste Christian kinge of Fraunce baptized by Remigius and taught the Christian faith perceyuinge that thorough the troublesome times of warres the Churche discipline had béene neglected and muche corruption crepte in doth for reformacion hereof call a nationall councell or Synode at Aurelia and commaundeth the Bishoppes to assemble there together to consult of suche necessary matters as were fitte and as he deliuered vnto them to consulte of The Bishoppes doo accordinge as the Kinge cōmaundeth they assemble they commende the kinges zeale and great care for the catholique faith and Religion they conclude accordinge to the Kinges minde and doth referre their decrées to the iudgement of the Kinge whome they confesse to haue the superioritie to be approoued by his assent Clodoueus also called a Synode named Concilium Cabiloneū and commaunded the Bishoppes to consider if any thing were amisse in the discipline of the Churche and to consulte for the reformation therof and this saith the Bishoppes he did of zeale to Religion and true faith Other fower Synodes were summoned afterwarde in the same Citie at sondry times by the commaundemēt of the king named Childebert moued of the loue care he had for the holy fayth and furtheraunce of Christian Religion to the same effect and purpose that the first was sommoned for This kyng Childebert caused a Synode of Bishoppes to assemble at Parys and commaunded them to take order for the reformation of that Churche and also to declare whom they thought to be a prouident Pastor to take the care ouer the Lordes flocke the Bishop Saphoracus beinge deposed for his iust demerites Theodobertus king of Fraunce calleth a Synode at Aruerna in Fraunce for the restoring and establyshing the Churche discipline Gunthranus the king calleth a Synode named Matisconens 2. to refourme the Eclesiasticall discipline and to confirme certeine orders and ceremonies in the Churche whiche he declareth plainely in the Edict that he setteth foorth for that purpose Wherein he declareth his vigilant and studious carefulnes to haue his people trained brought vp vnder the feare of God in true Religion and godly discipline for otherwise saith this Christian king I to whom God hath committed this charge shall not escape his vengeaunce He sheweth the Bishops that their office is to teach comfort exhort to reproue rebuke and correct by preaching the worde of God He commaūdeth the elders of the Churche and also others of authoritie in the common weale to iudge and punishe that thei asiste the Bishoppes and sharpely punishe by bodely punishement such as will not amende by the rebuke and correction of the worde and churche discipline And concludeth that he hath caused the Decrees in the councell touching discipline and certeine ceremonies to be defined the whiche be doth publishe and confirme by the authoritie of this edict After the death of Anastasius the Emperour Iustinus reigned alone a right catholique Prince who immediatly sent messengers vnto the Bishop of Rome who should both confirme the authoritie of the sea and also shoulde prouide peace for all Churches so muche as might be with whiche doinges of the Emperour Hormisda the Bishop of Rome being moued sent vnto the Emperour with consent of Theodoriche Legates Martinus P●●nitentiar●us telleth the cause of this legacy was to entreate the Emperour to restore those Bishoppes which the wicked Anastasius had deposed This godly Emperour Iustinus saieth Martyn did make a Lawe that the Churches of the Heretiques shuld be consecrated to the catholique Religion but this Decree was made in Iohn the next Popes daies The whiche edict when the kyng Theoderiche being an Arian saieth the same Martyn and kinge of Italy herde he sent Pope Iohn saith Sabellicus with others in embassage vnto the Emperour to purchase libertie for the Arians Iustinus receyued these Embassadours honourably saith Platina and the Emperour at the lengthe ouercome with the humble suite of the Pope whiche was sauced with teares graunted to him and his associates that the Arians shoulde bee restored and suffered to lyue after their orders In this history this is not vnworthy the noting that the Pope did not onely shewe his obedience and subiectiō to the godly Emperour but also that the secular Princes ordeyned Lawes Ecclesiastical with the which the Pope could not dispence For all this busynes arose about the decree whiche the Emperour had made in an Ecclesiasticall cause or matter If the Popes
honesty Certaine of Rome came to Charles to accuse this Pope Charles putteth of the examinacion of the matter till an other time promisinge that he woulde within a while come to Rome himselfe whiche he did after he had finished his warres He was honorably receiued of the Pope The eight day after his cominge into Rome he commaunded all the people and the Cleargy to be called togeather into S. Peters churche appointing to here and examine the Pope touchynge that he was accused of in the open assembly When the Cleargie and the people were assembled the Kinge examineth them of the Popes life and conuersacion and the whole company beinge willed to saie their mindes answeare that the manner hath béene that the Popes shoulde be iudged of no man but of them selues Charles beinge mooued with so sore gréeuous an answeare gaue ouer further examinacion Leo the Pope saith Piatina who did earnestly desire that kinde of iudgement to geue sentence he meaneth in his owne cause wente vp into the pulpit and holdinge the Ghospels in his handes affirmed by his Othe y t he was guiltes of all those matters wherewith he was chardged Whereunto Sabellicus addeth the Popes owne testimonie of him selfe was so waighty as if it had beene geuen on him by other so muche auaileth a mans owne good reporte made of himselfe in due season for wante of good neighbours This matter if it were as the Popes flatterers write thus subtily compassed although Martinus saith flatly that he was driuen to purge him selfe of certaine crimes laide to his chardge yet not withstanding the kinge toke vpon him both to examine the matter to determine therein and as appeareth tooke their answeare no lesse insufficient than gréeuous although he winked at it bicause he looked for a greatter pleasure to be shewed him againe in consecratinge him Emperour promised longe before whiche this Pope perfourmed and solemply with great acclamations of the people crowned him Emperour of Rome For saithe Platina The Pope did this to shewe some thankefulnes againe to him who had well deserued of the Churche Ansegisus Abbas gathereth together the decrées that this Charles and his sonne Lodouicus had made in their times for the reformation of the Church causes Amongst other these The Canonicall Scriptures onely to be redde in the Churches For the office of Bisshops in diligēt preaching and that onely out of the holy Scriptures that the communion shoulde be receiued three times in the yeere The abrogatinge and taking away a great number of holy daies besides sondaies and that childrē before ripe yeeres should not be thrust into religious houses And that no man shoulde be professed a Monke except licence were first asked and obteined of the King He decreed also and straightly cōmaunded that Mōkes being Priestes should studie diligently should write rightly shoulde teache children in their Abbayes and in Bisshops houses That Priestes should eschue couetousnes glotony ale houses or tauernes seculer or prophane busines familiaritie of women vnder paine of depriuation or degradation He prouided to haue and placed fit pastours for the Bishoprikes and cures to feede the people He ordeined learned Scholemaisters for the youth and made deuout abbottes to rule those that were enclosed in Cloisters saith Nauclerus As it is saide of kinge Dauid y t he set in order the Priestes Leuites singers porters ordered all the offices officers required to be in the house of the Lorde for the settyng foorth of his seruice and Religion Euen so this noble Charles lefte no officer belonginge to Goddes Churche no not so much as the singer porter or Sexten vnapointed taught his office duety as Nauclerus telleth Besides the authoritie of this noble Prince in gouerning directing al Church matters his zeale care therfore in such sort as the knowledge of y t superstitious time would suffer is plainely shewed in an Iniunction that he gaue to al estates both of the Layty Cleargie to this effect I Charles by the grace of God Kinge and gouernour of the Kingdome of Fraūce a deuout and humble maintainour and ayder of the Churche To al estates both of the Layty and the Cleargy wishe saluatiō in Christ Considering the exceeding goodnes of God towardes vs and our people I thinke it very necessary wee rendre thankes vnto him not onely in harte and woorde but also in continuall exercise and practise of well doing to his glory to the ende that he who hath hitherto bestowed so great honour vpon this kingdome may vouchesaulfe to preserue vs and our people with his protectiō VVherfore it hath seemed good for vs to mooue you ô yee pastours of Christes Churches leaders of his flocke and the bright lightes of the worlde that yee will trauaile with vigilant care and diligent admonition to guide Goddes people thorough the pastures of eternall life c. Bringinge the stray sheepe into the foulde least the wolfe deuoure them c. Therfore they are with earnest zeale to be admonished and exhorted yea to be cōpelled to keepe them selues in a sure faith and reasonable continuaūce within and vnder the rules of the Fathers In the which woorke and trauaile know yee right wel that our industrie shall woorke with you For whiche cause also wee haue addressed our messengers vnto you who with you by our authoritie shall amende and correct those thinges that are to be amended And therefore also haue wee added such Canonicall constitutions as seemed to vs most necessarie Let no man iudge this to be praesumptiō in vs that we take vppon vs to amende that is amisse to cut of that is superfluous For wee reade in the bookes of Kinges howe the holy Kinge Iosias trauailed goynge the circuytes of his kingedome or visitinge correctinge and admonishinge his people to reduce the whole kingedome vnto the true Religion and Seruice of God I speake not this as to make my selfe equall to him in holines but for that wee ought alwaies to follow the exāples of the holy kinges and so much as we can we are bounde of necessitie to bring the people to follow vertuous life to the praise and glory of our Lorde Iesus Christ c. And anon after amongst the rules that he prescribeth vnto them this followeth First of al that all the Bisshoppes and Priestes reade diligently the Catholique Faith and preache the same to all the people For this is the first precept of God the Lorde in his Lawe Heare ô Israel c. It belongeth to your offices ô yee pastours and guydes of Goddes Churches to sende forth thorough your Diocesses Priestes to preache vnto the people and to see that they preache rightly and honestly That yee doo not suffer newe thinges not Canonycall of their owne minde forged and not after the holy Scriptures to be preached vnto the people Yea you your owne selues preache profitable honest and true thinges whiche doo leade vnto eternall life And
Churche commaunded that no Legate of the Churche of Rome shoulde be suffred to entre into Germany with out he were called or hyred of the Emperour nor woulde suffer that any man vnder the maner of appellation shoulde goo vnto the Courte of Rome After the death of Adrian the fowrth the Cardinals fel out amongest them selues for the Election of a newe Pope some stryuinge to haue Rowlande other some cōtendinge to haue Octauian a man saith Vrspurg in all pointes honest and Religious Herevpon sprange an horrible Schisme and greate discorde Rowlande sent his Legates to the Emperour Fredericus 1. and desired him that he woulde take vp and ende this contention by his authoritie The Emperour commaundeth them both to come vnto him at Ticinum where foorthwith he sommoned a coūcell to be holden about this matter mindinge to examine bothe their causes and by searchinge to trye whose cause was the more honest Rowlande beynge afraide to haue the matter come to this tryall getteth him to William of Sicilia the Emperours mortall enemie and within twelue daies putteth on his Cope and nameth him selfe Alexander for he purposed béelyke to make a conquest of the matter He alleaged his ellection to be good out of al doubte and that he sente for the Emperours ayde and not for his arbytrement and therefore thought not good to bringe his case into doubtfull question The Emperour beynge offended with him for that he woulde not obey his appoinctement sente twoo Bishops to cite him to come vnto the Councell by the name of Cardinall and not Pope But Rowlande refused confutinge their Citacion with this Maxime or Principle Romanum Pontificem a nemine iudicari debere the Pope ought not to be iudged of any man But whē these Legates from the Emperour came to Octauiā he straight ways obeied theybrought him to Papia Vrspur saith that Rowlande was oftentimes monished to come and did contemne all those monitions The Emperour satte in the Councell as Radeuicus Frisingensis who wrote his actes witnesseth and made an oration vnto the Bishoppes wherein he declareth and that by the example of his auncestours Constantinus Theodosius Iustinianus and of later time of Carolus Magnus and other that the power and authoritie to call Councelles where the Churche is troubled with any schismes or other perillous distourbance belongth to the Emperour Notwithstandinge he committed the difininge of the controuersie to their wisedome and gaue them thereunto authoritie The councell debateth the cause consulteth with men learned in the lawe and so concludeth that Octauians election was good and adiudgeth him to be the right Bishop of Rome When they had thus tryed out the matter ●redericus the Emperour saith Platina Confirmat Octauianum Pontificem Confirmed Octauian Pope The Emperour within a while after sente Octauianus new confirmed Pope towardes Rome who dyed in the iourney After whose death the Emperour called an other councel at Wirtzberge as Auentinus writeth wherein were a greate number of Archebishoppes and other Bishoppes and also may of the nobles and states of the Empyre In this Councell a statute or Decree was made by common consente That from hencefoorth none shoulde be Pope onelesse he were created by the consent of the Emperour accordinge as the custome had bene of longe and auncient time This worthy Emperour whom the Chroniclers call Christianissimum moste Christian for his zeale towardes Goddes Churche endeuored not without great perill to him selfe and his estate to reteine the iurisdiction due to the Princes and thereby to refourme the horrible disorders that were growen so highe that they ouerwhelmed the Churche as in lyke sorte diuers other Emperours and Kinges bothe before and after had attempted but in vayne for the wealthy pride the fierce power and trayterous treachery of the Pope and his Prelates was so mighty violent and subtile that there was no earthly power able to withstande or matche with them And therfore Erasmus compteth the Popes of this time and those that folowed to be the Vicars and successours of Iulius Caesar of Alexander the the great of Croesus the ryche and of ●erxes the mighty rather then of Christe the onely Emperour gouernour of the Churche Bernarde calleth Eugenius 3. in his great pompe and pride rather the successour of Constantinus the highe Emperour then of Peter the humble Apostle And Abbas Vrspurg who lyued at this time when the Popes had spoyled the Emperour and other Princes welnighe of all iurisdiction rulinge all by theyr owne Decretalles nowe aboute this time set foorth as they listed maketh a lamentable complainte of the horrible pryde and couetousnesse of the whole clergie and concludeth with these woordes Gaude mater nostra Roma c. Reioyce O our mother Rome bycause the scluses of the hidden treasures in the earthe are opened that riuers and heapes of money maye flowe vnto thee in great abundance Be glad of the iniquitie of the sonnes of men bicause money is geuen to thee for the recompence of so great euilles Be mery and iocund for discordes sake which is thy helper bicause she is rushte out of the infernal pit that plētiful rewardes of money might be heaped vpō the thou hast that which thou hast alwaies thyrsted after synge pleasant balades for through mennes malitiousnesse not by thy Godlinesse thou hastouercome the worlde About this time the kinge of Cicilia and Apulia had a dispensation from the Pope for money to Inuesture Archebishoppes or Bishoppes with staffe or crosier rynge palle myter sandalles ●r slippers and that the Pope mighte sende into his dominions no Legate onlesse the kinge shoulde sende for him Our Englishe Chroniclers make report that the Kynges of this Realme hadde not altogeather leafte of their dealinge in Churche matters but continued in parte their Iurisdiction aboute Ecclesiastical causes although not without some trouble The Popes Legate came into Englande and made a councell by the assent of kinge William the Conquerour And after that in an other Councell at Winchester * were put downe many Bisshops Abbottes and Priours by the meanes and procurement of the Kinge The kinge gaue to Lanfranke the Archbisshoprike of Cantorb and on our Lady day the Assumption made him Archebishop On whit Sonday he gaue the Archbishoprike of Yorke vnto Thomas a Canon of Bayon When Thomas should haue béene consecrated of Lanfranke there fell a strife betwixt them about the liberties of the church of Yorke The controuersie beinge about Churche matters was brought and referred to the Kinges iudgement and Thomas by the Kinges commaundement was faine to come againe to Lanfranke to be sacred And afterwarde when there grew greater contention betwixt these twaine about Churche matters the Bishop of Rome remitted the matter to be determined before the Kinge and the Bisshoppes of Englande and so at Windesour before kinge VVilliam and the Cleargy the cause was treated Also an other cause was mooued before
that the Laye people shoulde behaue them selues towardes their Curates and in what wise they shoulde paie and offer to God their tithes The thirde was for making of their testamentes In Germany succeded vnto Frederike Henry and next vnto him Philip both of them inuesturing Bishops and suffering no Legates from Rome to come into Apulia nor Sicilia according to the aforesaide composition Next to whom succeded Otto surnamed of the Clergie the defendour of Iustice for where as the manner of Princes was saith Abbas Vrspurgens cheerfully and readily to geue benefices or Churches to those that did first aske them he woulde no● so doo but he gaue all the benefices that fell as well Ecclesiasticall as Secular to those with whom he was acquainted c. This Emperour came into Italy claimed and recouered al the right of the Empire that the Pope vsurped vnder the name of S. Peters patrimony and called a Synode at Norinberge about this matter and touching the Popes authoritie In England as Henry his father had doon before him so folowed king Richard in geuing Ecclesiastical promotions in calling councel● ordering other Ecclesiasticall matters yea euē in his absence being in Syria by one that represented his persone therin the B. of Ely who called and made a councel at westminster as the kings procuratour and the Popes Legate and spake by the kinges power But in this matter kyng Iohn did more thē any of his predecessours which purchased him muche hatred with the Pope and his Monkes In this while the Frenche kinge helde a Councell at Cenomannia in Turon And after him Kinge Lewes did celebrate a solemne coūcell at Paris whereat was praesent the Popes Legates In whiche time was Frederike the. 2. Emperour out of doubt saith Auentinus an other Charles the great and without all controuersie most pr●fitable for the Christian common wealth whiche not onely helde the priuileges aforesaide in Apulia and Sicilia but in all his dominions and about this mater tamed diuer Popes called and kepte diuerse Councelles aswel by his Sonnes as by him selfe ordeined certaine Ecclesiasticall lawes againste diuerse Heretiques condemninge their heresies and appointing how they should be ordered ordeininge likewise many priuileges for Ecclesiasticall personnes In whiche time Henry the. 3. Kinge of Englande helde a solemne Councell in the whiche bothe by the sentence of the Kinge and of the Princes not a fewe priuileges were taken away from the order of priesthoode at what time the Popes Legate required a tribute of all the Cleargy but it was denied him Robert Grosthed whome yée call S. Robert wrote vnto the Pope a sharpe Episile bicause he greeued the Churche of Englande with ●askes and paymentes against reason of whiche when he sawe no redresse he with other Prelates of the lande complained vnto the Kinge of the wass of the goodes and patrimonie of the Churche by the Popes neare kinseman and other alient Bisshoppes whome the Kinge auoyded out of the Realme To whome also the Emperour Frederike wrote that it was a shame for him to suffer any longer his Realme to be oppressed with the Popes tiranny Lewes the Frenche kynge called S. Lewes who as Antoninus saith was so instructed euen from his infancie in all the wisedome of diuine and good orders that there was not founde his like ▪ that kept the lawe of the high God c. made a lawe againste th●●e that blasphemed the name of the 〈◊〉 adioyninge a penaltie of a whoteyron to be printed in the transgressours forehead Also in the yeere of the Lorde 1228. He made a Lawe againste the Popes fraudes concerninge the preuentions and reseruations of the reuenues and dignities Ecclesiasticall complayninge that the Pope had pulled from him the collations of all Spirituall promotions ordeininge that from hence foorth the election of Bisshoppes Prelates and all other what so euer shoulde be free forcible and effectuall to the electours patrones and collatours of them Also the same yeere he set foorth an other Lawe againste Simonie complaininge of the bioyng and sellinge of Ecclesiasticall dignities He made also certaine godly Lawes againste whoredome and Fornication Laste of all in the yéere of the Lorde 1268. he set foorth the Lawe commonly called Pragmatica Sanctio wherein amongest other Ecclesiasticall matters againste the Popes pollinges he saithe thus Item in no case we will that exactions or greuous burdens of money beinge laide on the Churche of our Kingedome by the Courte of Rome whereby our kingedome is miserably impouerished be leuied or gathered nor any hereafter to be layde excepte onely for a reasonable godly and moste vrgent cause of necessitie that can not be auoided and that the same be doone by our expresse biddinge and commaundement of our owne accorde Conradus Conradinus and Manfredus still kepte the priuilege of the foresaide Ecclesiasticall matters in Sicilia and Apulia Shortly after this time Charles the Kinge of Sicilia and Apulia had all or most of the dooing in the election and makinge of diuerse Popes as of Martyn 4. Celestyn 5. Bonyface 8. c. Edwarde the firste Kinge of Englande aboute this time made the Statute of Northampton So that after that time noman shoulde geue neither sell nor bequeath neither chaunge neither bye title assigne landes tenementes neither rentes to no man of Religion without the Kinges leaue whiche acte sence that time hath beene more straightly enacted and diuised with many addicions thereunto augmented or annexed The whiche Lawe saithe Polydore he made bicause he was Religionis studiosissimus c. moste studiouse of Religion and moste sharpe enemie to the insolency of the Priesies At this time Philip le Beau the Frenche Kinge beganne his reigne brought vp in the studie of diuinitie vnder Aegidius the Romaine diuine by whose admonitions and also of other diuines the Kinge beinge instructed in his duety aboue al other thinges endeuoured him selfe aboute the reformation of Religion and orderinge of Ecclesiasticall matters Whereuppon lookinge to the state of the Cleargy he deposed a certaine Bishoppe for Heresie and gaue his Bishoprike to an other and besides claymed the inuestiture of all other Bishoppes in his dominions and callinge Councelles at home in his owne Realme woulde suffer none of his Cleargy to goo to the Popes Councelles He caused the Popes Bulles to be burned He commaunded the Popes Legates to auoyde his realme He commaunded that no money shoulde be caried out of the Realme to the Pope He sette foorth a Lawe that no man should goo to Rome out of his kingedome He called a Councell at Paris and caused to be gathered thither all the Prelates and Barons of Fraunce to iustifie his dooinges He shewed vnto them why he tooke vppon him to call a Councell He enueighed againste the Pope for Heresie Symonie Homicide Pride Ambition c. and that of righte he ought therefore to be deposed He demaundeth of the
Electiōs reseruations expectatiues Annates vnfit pastours pardons tythes the spiritual courtes c. beseching him to haue some redresse herein Who being moued with the admonitions aduisementes and exhortatiōs of the learned Clergy the godly Princes at the length called a councel at Triers Colayn for the redresse of these and other enormities in the yere of the Lorde 1512. whiche was the fourth yere of the reigne of the moste renoumed kinge of England king Henry the eight In this councel amongest other thinges bicause there was a suspicion of a Schisme breedinge and of greuaunces in the Church it was necessarily decreed that the Emperour and Princes electours with other Princes and states of Thempire should loke about them and wel consult by what meanes these greeues might be taken away most commodiously and the Schisme remoued and euill thinges reformed to edification It was decreed also against blasphemours to paie either a somme of money limited or to suffer death And that all men should know this decree it was thought good to the Princes and states of the Empire that al preachers and persones should at all high feastes preache vnto the people thereof faithfully This being doon Maximilian set forth a decrée for y e takinge away of the forsaid Ecclesiastical greuaunces wherein he declareth that though of clemency he haue suffered the Pope the Clergy herein as did his father Frederik Yet not withstanding sith that by his liberalitie the worshippe and seruice of God hath fallen to decaie it apperteineth vnto his dutie whome God hath chosen vnto the Emperial throne of Rome that amongest all other moste great businesses of peace and warres that he also looke about him vigilantly that the Churche perishe not that Religion decaie not that the worship of the seruice of God be not diminished c. In consideration wherof he prouideth that a man hauing in any citie a Canonship or Vicarship enioy not any prehende of an other Churche in the same citie c. making other decrées against suing in the Ecclesiasticall courtes for benefices for defence of Lay mens patronages for pensions against bulles and cloked Symony c. After this the Emperour Lewes the French king concluded together to call a general coūcel at Pise to the whiche also agreed a great part of the Popes Cardinals Many saith Sabellicus began to abhorre the Popes Courtes saying that all thinges were there defiled with filthy lucre with monstruous and wicked lustes with poysoninges Sacrileges murders and Symoniacall fayers and that Pope Iulius him selfe was a Symoniake a dronkarde a beaste a worldling and vnworthely occupied the place to the distruction of Christendome and that there was no remedy but a generall Councell to be called to helpe these mischiefes to the whiche his Cardinalles accordinge to his othe desired him but they coulde not obteyne it of hym Maximilian the Emperour being the authour of it with Lewes the Frenche king bicause the histories doo beare recorde that in times past the Emperours of Rome had wont to appointe councels they appointe a councell to be holden at Pyse Maximilian the Emperour Lewes the French king and other Princes beyonde the seas were not more carefully bent and moued by their learned men to refourme by their authoritie the abuses about Church matters thā was king Henry the eight at the same time king of Englande of most famous memory who following the hūble suites and petitions of his learned Clergy agreynge thereupon by vniforme confent in their conuocation toke vpon him that authoritie and gouernement in all maner matters or causes Ecclesiasticall which they assured him to belonge vnto his estate both by the worde of God and by the auncient Lawes of the Churche and therfore promised vnto him in verbo sacerdotii by their priesthood not to do any thing in their councelles wiehout his assent c. And this Clergie was not onely of Diuines but also of the wysest moste expert and best learned in the Ciuil and Canon Lawes that was than or hath been sence as D. Tonstal Bishop of Duresme D. Stokesley B. of Londō D. Gardiner Bishop of Wynton D. Thirleby Bishop of Westminster and after of Norwiche your olde maister D. Bonner who succeded Stokesley in the sea of Londō and many others by whose aduise consent there was at that time also a learn●d booke made published De vera differentia Regiae potestatis Ecclesiasticae whiche I doubt not but yée haue séen longe sythen Neither was this a newe deuise of theirs to please the king with al or their opinion onely but it was and is the iudgement of the moste learned Cyuilians and Canonystes that when the Cleargie are faultie or negligent it apperteyneth to the Emperour to call generall councelles for the reformation of the Churche causes as Philippus Decius a famous Lawyer affirmeth And the Glossator vppon this Canon Principes affirmeth that the Princes haue iurisdiction in diuers sortes within the Churche ouer the Cleargie when they be stubbourne ambitious subuerters of the faith falsaries makers of Schismes contemners of excommunication yea also wherein so euer the Ecclesiasticall power faileth or is to weake as in this Decree He meaneth where the power of the Churche by the woorde of doctrine preuaileth not therein must the Princes authoritie and iurisdiction take order for that is the plaine prouiso in the decrée The woordes of the decree are as followe The seculer Princes haue oftentimes within the Churche the highest authoritie that they may fence by that power the Ecclesiasticall discipline But within the Churche the powers of Princes shoulde not be necessary sauinge that that thinge whiche the Priestes are not able to dooe by the woorde of doctrine the power of the Prince may commaunde or obtaine that by the terrour of discipline The heauenly kingedome dooth oftentimes preuaile or goo forwarde by the earthly kingedome that those whiche beinge within the Churche doo against the faith and discipline may be brought vnder by the rigour of Princes and that the power of the Princes may lay vppon the neckes of the proude that same discipline whiche the profite of the Churche is not hable to exercise and that he bestowe the force of his authoritie whereby to deserue woorship Let the Princes of the worlde well knowe that they of duety shall rendre an accompte to God for the Churche whiche they haue taken of Christe to preserue For whether the peace and discipline of the Churche be encreased by faithfull Princes or it be loosed He doth exact of them an accompt who hath deliuered his Churche to be committed to their power To this effect also writeth Petrus Ferrariensis a notable learned man in y e Lawes saying Thou ignorant man thou oughtest to know that the Empire the Emperour ones in times past had bothe the swoordes to witte bothe the Temporall and Spirituall in so much that the Emperours then bestowed all the Ecclesiasticall
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
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. ● ▪ 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 iurisdictiō Platina Mar. Poeni The Pope is the kinges Ambassadour The Popes hūble sute to the Emperour for the Arian heretiques Valateran● 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 māner 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 gouernmēt in causes Ecclesiast The prince calleth coūcels 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 commaundemēt in Eccl. matters Act. 1. Act. 2. Act. 3. Act. 4. The prince is Christes Vic●r in earth in causes Ecclesiasticall by the Popes confession Act. 5. Act. 7. Act. 11. Act. 12. Act. 13. Wherein cōsisteth the office of bishoppes The princes most acceptable seruice to god Esa 49. Psalm 98. The Pope accursed for Heresie by the sentēce 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. Auētinus 1. Paral. 16. Alcuinus The prince hath a priestlie power to set forth gods word Dist 63. Dist 63. Platina Sabel Naucleru● Dist 65. Sabell Platina Apoc. 9. Sabellicus Platina Naucler Luithprād Platina Dist 63. Nauclerus Abb. Vrsp Platina Nauclerus Sabellicus ▪ Sabell Platina Abb. Vrsp Sabellicus Platina ▪ Sabel Nauclerus Auentinus Nauclerus Nauclerus Otto Frisingen Nauclerus Nauclerus Vrspurg Nauclerus Sabellicus Vrspurg Platina Nauclerus ▪ Platina ▪ Vrspurg In Prouer. Sileni Alcibiadi● Otto Frisingensis Of the dooinges of the kinges of this Realme in Eccl. maters before the Cōquest 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 Simeō 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 Antoninꝰ Auētinus Nouell cōst Polyd. Fabyan ▪ Mat. Paris ▪ Antoninꝰ ▪ Appēd Math Paris Fabyan Appēd Math Paris Nauclerus Platina Polych Eabyan Polyd. Paul Aem. Anton. Naucler Blond Aemylius Nauclerus Platina Nauclerus Antoninꝰ Sabell Nauclerus Sabellicus Aemyl Append. Vrspurg Antoninꝰ Nauclerus Antoninꝰ Aemyl Paral. Vrsp Nauclerus Antoninu● Marius Paral. Vrsp Nauclerus Nauclerus Paral. Vrsp Nauclerus Aemylius Pet. Bertrā 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 Cācel Imp. Li. 3. ca. 13. Paral. Vrsp Orth. Gr● Cons 1●1 23. q. 5. * Ther is diuers reedinges Imperet or Impetret The Princes shal geue an accōpt to God for the Church and the discipline thereof In form libell quo agitur ex subst in verbo ex suo corpore In form respōs con ad verb. tāq̄ publ ex com n. 10. In repetit lect de Christ Ciuitatis Aristocra●ia ●● q. ● The king is to be obeied in Ecclesiastical causes and not the Pope L. Quicunque De Epis Cler. The Pope an heretike compelled to recāte before the Frenche kinge Braughtō lib. 1. cap. de Papa Archiepiscopis alijs praelatis The secōde pointe Constātine 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 ▪ 1. Cor. 14. Gene 3. The thirde pointe 1. Thess 5. Clemens in compēd 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. ● 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 ▪ cap. 1● Cal. Inst ▪ cap. ● ▪ 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 Imperatorē irascentem Ezech. 34. Chrysost hom 5. de verb. Esa Ign. Epist 7. ad Smyrnens Ioan. 10. Lib. 3. Lib. 5.
tender it vnto you without perill to my self you beinge committed vnto me by the moste Honourable Counsaile without whose order I coulde attempt no such mattier You haue already shewed in plaine matter although not in plainnesse of speach that as you thinke are persuaded in conscience y t her highnes is the supreme gouernour so well in causes Ecclesiastical as Temporal For hauinge supremacie ouer the Ecclesiasticall persone the same beinge not otherwise persone Ecclesiasticall but in respect of Ecclesiasticall functions thinges causes annexed and properly belonging to Ecclesiasticall persones she hath the Supremacie ouer the person in Ecclesiastical functions thinges causes these beinge the onely matter or obiect where about or wherein the rule ouer an Ecclesiasticall persone is occupied and doth consiste This seemeth to be your glory amongst your friendes y ● you make me an offer to receiue this part of y ● Othe whē I shalbe able to declare by what meanes you may sweare without cōmittinge plaine manifest periury Mine abilitie herein shall appeare in mine answeare to your foure points God make you as readie to perfourme for dueties sake as ye wil séeme ready to offer wherby to purchase to your self a glorious estimacion But wherfore did you not make this offer vnto me either by woorde or writing all y e time of your aboade with me You plaie now after your returne into your holde as you did after y e Parliamēt before you came out of y e Tower to me When you saw the ende of the Parliamēt vnderstoode right wel y t the Othe was not like to be tendered vnto you than sent you copies of y e booke deuised for your answeare touchyng y e Othe abroade to your friendes to declare your constancy aredines to refuse y e Othe wherby thei might be the rather enduced to cōtinue their good opiniō conceiued of you also pay your chardges weakely in the Tower sent vnto you euery Saturday by your seruaunt who wrote deliuered y e copies abroade as you tolde me your self Now you are returned againe in to the Tower perceiuing y ● your friendes as you gaue thē iust cause haue some mistrust of your reuolt waueryng inconstācie wherby your estimacion fame with their seruice to your God y e belly is decaied you haue deuised to set abroade the selfe same booke againe y t you did before to the selfe same ende altering or chaunging nothing at al sauing that you haue geuen it a newe name Title séeme as in this place as though yée spake to me by these woords vvhen your L. c. When as in very deede there was neuer any such woorde spoken or writen to me and in the booke you deliuered to me your speache is directed to the commissioners and not to me in these woordes VVhen ye the Queenes highnes cōmissioners shalbe able c. M. Fekenham First is that I must by a booke Othe vtterly testifie that the Queenes highnes is the onely supreme gouernour of this realme and that asvvell in al Spirituall or Ecclesiasticall things or causes as Temporall But to testifie any thinge vppon a booke Othe no man may possibly therein auoide periury except he doo first knovv the thinge vvhiche he doth testifie and vvherof he beareth vvitnes and geueth testimony And touchyng this knovvledge that the Queenes maiestie is the onely supreme gouernour asvvell in Spirituall or Ecclesiasticall causes as in Temporall besides that I haue no suche knovvledge I knovve no vvay nor meane vvhereby I shoulde haue any knovvledge thereof And therfore of my parte to testifie the same vppon a booke Othe beinge vvithout as I am in deede all knovvledge I cannot vvithout committinge of plaine and manifest periury And herein I shal ioyne this issue vvith your L. that vvhen your L. shalbe able either by suche order of gouernement as our Sauiour Christe lefte behinde him in his Gospell and nevve Testament either by the vvritinge of suche learned Doctours both Olde and Nevve vvhiche haue from age to age vvitnessed the order of Ecclesiasticall gouernment in Christes Church either by the generall Councelles vvherin the right order of Ecclesiasticall gouernment in Christes Church hath beene most faithfully declared and shevved frō time to time or elles by the continuall practice of the like Ecclesiasticall gouernment in some one Churche or parte of all Christendome VVhan your L. shalbe able by any of these fovver meanes to make proufe vnto me that any Emperour or Empresse Kinge or Queene may clayme or take vpon them any suche gouernment in Spirituall or Ecclesiasticall causes than I shall herein yelde and vvith most humble thankes reken my selfe vvell satisfied and shall take vpon me the knovvledge thereof and be ready to testifie the same vppon a booke Othe The B. of Wynchester The reason or argument y t mooueth you not to testifie vpon a booke Othe the Q. Supremacy in causes Ecclesiasticall is this No man may testifie by Othe that thing whereof he is ignorant and knoweth nothinge without committinge periury But you neither knowe that the Q. highnes is the onely supreme gouernour aswel in causes Ecclesiasticall as Temporall neither yet know you any way or meane wherby to haue any knowledge therof Therfore to testisie the same vpon a booke Othe you cannot without committing of plaine and manifest periury For answeare to the Minor or seconde Proposition of this argument Although I might plainly denie that you are without all knowledge and vtterly ignoraunt bothe of the matter and of the way or meane howe to come by knowledge therof and so put you to your proufe wherein I know you must néedes faile yet will I not so answears by plaine negatiue but by distinction or diuision of ignorance And so for your better excuse declare in what sorte you are ignoraunt and without all knowledge There are thrée kindes of ignorantes the one of simplicitie the other of wilfulnes and the thirde of malice Of the first sort you cannot be for you haue had longe time good oportunitie muche occasion and many waies wherby to come to the knowledge hereof Yea you haue knowen profest opēly by déede and woorde the knowledge hereof many yéeres together For you did know acknowledge and confesse this supreme authority in causes Ecclesiasticall to be in Kinge Henry the eight and his heyres whan your Abbay of Euesham by common consent of you and the other Monkes there vnder your couēt seale was of your own good willes without compulsiō surrendred in to his handes and you by his authoritie refourmed forsooke your foolishe vowe many horrible errours and superstitions of Monkery and became a secular Priest and Chaplaine to D. Bell and afterwarde to D. Boner so duringe the life of King Henry the eight did agnise professe and teache openly in your sermons the kinges Supremacie in causes Ecclesiasticall This knowledge remained stedfastly in you all the time of king Edwarde also For
Augustine or rather of Christes catholique Churche vttered by hym againste the Donatistes touching the Seruice authoritie power and care that kynges haue or ought to haue in causes spirituall or ecclesiasticall the whiche is also the iudgement of Christes catholique Church now in these dayes mainteined and defended by the true mynisters of the same catholique Churche againste all Popishe Donatistes with the force of Gods holy woorde bothe of the olde and new Testament euen as S. Augustine did before Who to prooue and confirme this his assertion to bee true against the Donatistes did auouche many mo examples than I haue cited out of the olde Testament As of the kyng of Niniue of Darius Nabuchodonozor others affirmyng that the histories and other testimonies cited for this matter out of the olde Testament are partly figures and partly prophecies of the power duety and seruice that kynges should owe and perfourme in like sorte to the furtherance of Christes Religion in the time of the new Testament The Donatistes in the defence of their heresy restrayned S. Augustine to the example and testimony of such like order of Princes Seruice in matters of Religion to be founde in the Scriptures of the new Testament meanyng that it could not be found in any order that Christe lefte behynde hym as you also fantasied when you wrote the same in your booke folowyng yea going euen cheeke by cheeke with them But S. Augustine maketh aunswere to you all for hym and me bothe Who rehcarsing the actes of the godly kynges of the olde Testament taketh this for a thyng not to be denied to wytte That the auncient actes of the godly kinges mentioned in the Propheticall bookes were figures of the like factes to be doon by the godly Princes in the time of the newe Testament And although there was not in the tyme of the Apostles nor of long tyme after any kynges or princes that put the same ordinaunce of Christ in practise all beynge infideles for the most part Yeat the seruice of kinges was figured as S. Augustine saieth in Nabuchodonozor and others to be put in practice when this of 71. Psalme should be fulfilled and all the kinges of the earth shall worshippe Christ and all nations shall serue him c. As yet in the Apostles time this prophecy sayth he was not fulfilled and now ye kinges vnderstande be learned ye that iudge the earth and serue the Lorde in feare with reuerence VVhen the christian Emperours and Princes saieth this catholique father shall heare that Nabuchodonozor after he had seen the marueilous power of almighty God in sauing the three younge men from the violence of the fire walking therin without hurt was so astonied at the miracle that he him selfe being before this but a cruell Idolatour began forthwith vpon this wonderous sight to vnderstande and serue the Lorde with reuerent feare Doo not they vnderstande that these thinges are therefore writen and recited in the Christian assemblies that these shoulde be examples to them selues of faith in God to the furtherance of Religion These Christian rulers therfore minding according to the admonition of the Psalme to vnderstande to be learned and to serue the Lord with reuerent feare do very attētiuely giue eare and marke what Nabuchodonozor after said for he saieth the Prophet made a decree or statute for all the people that were vnder his ●beissance that who so euer shuld after the publicatiō thereof speake any blasphemy against the almighty they should suffer death and their Goodes be confiscate Now if the Christian Emperours and kinges doo know that Nabuchodonozor made this decree against the blasphemers of God surely they cast in their myndes what they are bounde to decree in their kingdomes to witte that the selfe same God and his Sacramentes be not lightly set by and contemned Thus farre S. Augustin By whose iudgement being also the iudgement of the catholique church it is manifest y t the order rule and gouernement in Ecclesiasticall causes practised by the kynges of the olde Testament beynge figures and prophesies of the lyke gouernement and seruice to be in the kynges vnder the newe Testament is the order of gouernment that Christ left behynde him in the Ghospell and newe Testament and so directlye confuteth your erronious opinion Nowe I wyll conclude on this sorte that whiche I affirmed namely that kynges and Princes ought to take vpon them gouernement in Ecclesiasticall causes What gouernement orde and dutifulnes so euer belongyng to any God hath figured and promysed before hande by his Prophetes in the holy Scriptures of the old Testament to be perfourmed by Christe and those of his kyngdome that is the gouernement order and dutifulnes set foorth and required in the Ghospel or newe Testament But that faithfull Emperours Kynges and Rulers ought of dutie as belongynge to their office to claime and take vpon them the gouernement authoritie power care and seruice of God their Lorde in matters of Religion or causes Ecclesiasticall was an order and dutifulnes for them prefigured and fore promysed of God by his Prophetes in the Scriptures of the olde Testament as S. Augustine hath sufficiētly witnessed Ergo. Christian Emperours Kynges and Rulers owe of dutie as belonging to their office to clayme and take vpon them the gouernement authoritie power care and seruice of God their Lorde in matters of Religion or Spirituall or Ecclesiasticall causes is the gouernement order and dutifulnes set forth and required in the Ghospell or newe Testament This that hath been already sayd myght satisfie any man that erreth of simple ignoraunce But for that your wilfulnes is suche that you delight only in wranglinge against the truthe appeare it to you neuer so playne and that no weyght of good proufes can presse you you are so slippery I wyll loade you with heapes euen of suche proufes as ye wyll seeme desirous to haue The holy Ghost describing by the Prophete Esay what shalbe the state of Christes Church in the time of the new Testament yea now in these our daies for this our time is the time that the Prophet speaketh of as S. Paule witnesseth to the Corinthians addeth many comfortable promises amongest other maketh this to Christes Catholique Church to witte Kinges shalbe Nourshing Fathers and Quéenes shalbe thy nources Nourishing Fathers saith the glose enterlined In lacte verbi In the mylke of the woorde meaninge Goddes woorde Lyra addeth This prophecy is manifestly fulfilled in many Kinges and Queenes who receiuing the Catholique Faith did feede the poore faithfull ones c. And this reuerence to be done by Kinges saith Lyra was fulfilled in the time of Constantine and other Christian Kinges Certainely Constantine the Emperour shewed him selfe to vnderstād his owne duety of nourishing Christes Church appointed by God in his Prophecy for he like a good tender and faithful Nourcefather did kéepe defende mainteine vpholde and féede the poore faithfull ones of Christ he hare them beinge
as it were almost weried forhayed with the great persecutions of Goddes enemies and maruelously shaken with the controuersies and contentions amongest them selues euen as a nource Father in his owne bosome he procured that they should be fedde with the swéete milke of Goddes woorde Yea he him selfe with his publique proclamations did exhorte and allure his subiectes to the Christian Faith As Gusebius doth reporte in many places writinge the life of Constantine He caused the Idolatrous religion to be suppressed and vtterly banisshed and the true knowledge and Religion of Christe to be brought in and planted amonge his people He made many holsome lawes and godly constitutions wherewith be restrained the people with threates forbiddinge them the Sacrificinge to Idolles to seeke after the Deuelish and superstitious sothsaiynges to set vp Images that they should not make any priuie Sacrifices and to be briefe he refourmed all manner of abuses about Gods seruice and prouided that the Churche shoulde be fedde with Goddes woorde Yea his diligent care in furtheringe and settinge foorth the true knowledge of Christe wherewith he fedde the people was so watcheful that Eusebius doth affirme him to be appointed of God as it were the common or Vneuersall Bisshop And so Constantine tooke him selfe to be and therefore saide to the Bishoppes assembled together with him at a feast that God had appointed him to be a Bissoppe But of this moste honorable Bishop nourshinge father more shalbe saide hereafter as of other also suche like Our sauiour Christ meante not to forbidde or destroy touchinge the rule seruice and chardge of Princes in Churche causes that whiche was figured in the Lawe or prophecied by the Prophetes For he came to fulfill or accomplis he the Lawe and the Prophetes by remoouinge the shadowe and Figure and establishing the Body and Substance to be séene to appeare cléerely without any miste or darke couer yea as the power and authoritie of Princes was appointed in the Lawe and Prophetes as it is prooued to stretche it selfe not onely to ciuill causes but also to the ouer sight maintenaunce settinge foorth and furtherance of Religion and matters Ecclesiasticall Euen so Christe our Sauiour confirmed this their authoritie commaunding all men to attribute and geue vnto Caesar that which belongeth to him admonishinge notwithstandinge all Princes people that Caesars authoritie is not infinite or without limites for suche authoritie belongeth onely to the Kinge of all Kinges but bounded and circumscribed within the boundes assigned in Goddes woorde and so will I my woordes to be vnderstanded when so euer I speake of the power of Princes And this to be Christes order and meaninge that the Kinges of the nations should be the supreme gouernours ouer their people not onely in Temporall but also in Spirituall or Ecclesiasticall causes the blessed Apostles Peter and Paule doo plainely declare The supremacy of Princes they set foorth when they cōmaunde euery soule that is euery man whether he be as Chrysostome saith an Apostle Euangelist Prophete Priest Monke or of what so euer callinge he be to be subiect obey the higher powers as Kinges and their Lieutenauntes or gouernours vnder them And thei declare that this supreme gouernment is occupied and exercised in or about the praysinge furthering and aduauncinge of vertue or vertuous actions and contrary wise in correctinge stayinge and repressinge all manner of vice or vicious actions which are the propre obiect or mattier hereof Thus doth Basilius take the meaninge of the Apostles sayinge This seemeth to me to be the office of a Prince to ayde vertue and to impugne vice Neither S. Paule neither the best learned amongest the auncient Fathers did restreine this power of Princes onely to vertues and vices bidden or forbidden in the seconde table of Goddes commaundementes wherein are conteined the dueties one man oweth to an other But also did plainely declare them selues to meane that the authoritie of Princes ought to stretche it selfe to the maintenaunce praise and furtherance of the vertues of the first Table and the suppression of the contrary wherein onely consisteth the true Religion and spirituall Seruice that is due from man to God S. Paule in his epistle to Timothe teacheth the Ephesians that Kinges and rulers are constituted of God for these twoo purposes that their people may liue a peaceable life thorough their gouernment and ministery both in godlines which is as S. Augustine interpreteth it the true and chiefe or propre worship of God and also in honesty or séemelines in whiche twoo woordes godlines and honestie he conteined what so euer is commaunded either in the firste or seconde Table S. Augustine also sheweth this to be his minde when describing the true vertues which shall cause princes to be blessed nowe in Hope and afterwarde in déede addeth this as one especiall condicion required by reason of their chardge and callinge If that saithe he they make theyr power whiche they haue a seruaunt vnto Goddes Maiestie to enlardge moste wide his woorship Seruice or Religion To this purpose also serue all those testimonies which I haue cited before out of S. Augustine against the Donatistes who in his booke De. 12. abusionum gradibus teacheth that a Prince or ruler must labour to be had in awe of his subiectes for his seueritie against the transgressours of Gods Lawe Not meaninge onely the transgressours of the seconde table in Temporal matters But also against the offendours of the first table in Spirituall or Ecclesiasticall causes or matters Whiche his meaning he declareth playnely in an other place where he auoucheth the saying of S. Paule The Prince beareth not the Sworde in vaine to proue therewith against Petilian the Donatiste that the power or authoritie of Prynces whiche the Apostle speaketh of in that sentēce is gyuen vnto them to make sharp Lawes to further true Religion and so suppresse Heresies and Schismes and therfore in the same place he calleth the catholique Churche that hath suche Princes to gouerne to this effecte A Churche made strong whole or fas●ened together with catholique Princes meanyng that the church is weake rent and parted in sonder where catholique Gouernours are not to maynteine the vnitie thereof in Churche matters by their authoritie and power Gaudentius the Donatist founde him selfe agreeued that Emperours should entremedle and vse their power in matters of Religion affirmyng that this was to restreyne men of that freedome that God had set men in That this was a great iniury to God if he meaning his Religion should be defended by men And that this was nothing els but to esteeme God to be one that is not able to reuenge the iniuries doon against him selfe S. Augustine doth answere and refute his obiections with the authoritie of S. Paules saiyng to the Romaynes Let euery soule be subiect to the higher powers c. For he is Goddes mynister to take vengeance on him
that dooth euill interpreting the mynd of the Apostle to bee that the authoritie and power of Prynces hath to deale in Ecclesiasticall causes so well as in Temporall And therefore sayth to Gaudentius and to you all Blotte out these saiynges of S. Paule 13. Rom. if you can or if you cannot then set naught by them as ye doo Reteyne a most wicked meaning of all these saiynges of the Apostle least you loose your freedome in iudging or elles truely for that as men yee are ashamed so to doo before men crie out if you dare Let murtherers be punished let adulteriers be punished let all other faultes be they neuer so heynous or full of mischiefe be punished by the Magistrate wee will that onely wicked faultes against Religion be exempt from punishment by the Lawes of Kinges or rulers c. Herken to the Apostle and thou shalte haue a great aduantage that the kingely power cannot hurt thee doo well and so shalt thou haue prayse of the same power c. That thinge that yee doo is not onely not good but it is a great euill to witte to cut in sund●e the vnity and peace of Christe to rebelle against the promises of the Ghospell and to beare the Christian armes or badges as in a ciuil warre against the true and highe Kinge of the Christianes Chrysostome sheweth this reason why S. Paule doth attribute this title of a minister woorthely vnto the Kinges or ciuill Magistrates bicause that thorough frayinge of the wicked men and commendinge the good he prepareth the mindes of many to be made more appliable to the doctrine of the woorde Eusebius alluding to the sentence of S. Paule where he calleth the ciuill Magistrate Goddes minister and vnderstanding that Ministery of the ciuill Magistrate to be about Religion Ecclesiasticall causes so well as Temporal doth call Constantine the Emperour The great light and moste shrill preacher or setter foorth of true godlines The one and onely God saith he hath appointed Constantine to be his mynister and the teacher of godlines to all countreis And this same Constātine like a faithfull and good mynister did thoroughly set forth this and he did confesse himselfe manifestly to be the seruaūt and mynister of the high Kinge He preached with his imperiall decrees or proclamations his God euen to the boundes of the whole worlde Yea Constantine him selfe affirmeth as Eusebius reporteth That by his mynisterie he did put away and ouerthrowe al the euilles that pressed the worlde ▪ meaninge all superstition Idolatry false Religion In so muche saith this godly Emperour that there withal I bothe called againe mankinde taught by my mynisterie to the Religion of the most holy Lawe meanyng the woorde of God and also caused that the most blessed Faithe shoulde encrease and growe vnder a better gouernour meanyng than had beene before for saithe he I woulde not be vnthankefull to neglect namely the best mynistery whiche is the thankes Iowe vnto God of duety This most Christian Emperour did rightly consider as he had beene truely taught of the moste Christian Bishoppes of that time that as the Princes haue in chardge the mynistery and gouernment in all manner causes either Temporall or Spirituall Euen so the chiefest or best parte of their Seruice or Mynistery to consist in the well ordering of Churche matters and their diligent rule and care therein to be the most thankeful acceptable and duetifull Seruice that they can doo or owe vnto God For this cause also Nicephorus in his Preface before his Ecclesiasticall history doth compare Emanuel Paleologus the Emperour to Constantine for that he did so neerely imitate his duetifulnes in rulinge procuringe and refourminge Religion to the purenesse thereof Whiche amonge all vertues belonginge to an Emperour is moste seemely for the imperiall dignitie and dothe expresse it moste truely as Nicephorus saithe who maketh protestacion that he saithe nothinge in the commendacion of this Emperour for fauour or to flatter but as it was true in deede in him And so reherseth his noble vertues exercised in dischardge of his imperiall duetie towardes God in Churche matters sayinge to the Emperour who hath glorified God more and shewed more feruente zele towardes him in pure Religion without feyninge than thou haste doone who hath with suche feruent zeale sought after the moste syncere faithe muche endaungered or clensed againe the holy Table VVhen thou sawest our true Religion broughte into perill with newe deuises brought in by conterfaict and naughty doctrines thou diddest defende it most painefully and wisely Thou diddest shewe thy selfe to be the mighty supreme and very holy anchour and staie in so horrible waueringe and errour in diuine matters beginninge to fainte ard to peris he as it were with shipwracke Thou arte the guide of the profession of our Faithe Thou hast restored the Catholique and Vniuersall Church beinge troubled with newe matters or opinions to the olde state Thou haste banished from the Churche all vnlawfull and impure doctrine Thou hast clensed againe with the woorde of trueth the Temple from choppers and chaungers of the diuine doctrine and from hereticall deprauers thereof Thou haste beene sette on fier with a Godly zeale for the diuine Table Thou haste established the doctrine thou haste made Constitutions for the same Thou haste entrenched the trewe Religion with myghtie defenses That whiche was pulled downe thou haste made vp agayne and haste made the same whole and sounde againe with a conuenient knittinge togeather of all the partes and members to be shorte thou haste saithe Nicephorus to the Emperour establissed true Religion and godlines with spirituall butiresses namely the doctrine and rules of the auncient Fathers These and suche like Christian Emperours are not thus muche commended of the Ecclesiasticall wryters for their notable dooinges in the maintenaunce and furtheraunce of Religion as for dooinges not necessarily appertayninge to their office or callynge But for that they were examples spectacles and glasses for others wherein to beholde what they are bounde vnto by the woorde of God and what their subiectes may looke for at their handes as matter of chardge and duetie both to God and his people Whiche S. Paule doth plainely expresse where he exhorteth the Christians to make earnest and continuall prayer for kynges and all that are in authoritie to this ende and purpose that by their rule mynistrie and seruice not onely peace and tranquilitie but also godlines and Religion should be furthered and continued amongst men attributing the furtherance and continuaunce of Religion and godlynes to the Magistrates as an especial fruite and effect of their dutie and seruice to God and his people Chrysostome expounding this place of the Apostle doth interprete his meaning to be vnderstanded not onely of the outward peace tranquilitie furthered mainteined defended by the Magistrates but chiefly of the inward peace of the mynde and conscience whiche can not be atteyned without pure Religion as
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
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 the●e bee no offence committed aboute the aforenamed Catholique Faithe and bicause wee knowe the honourable Florentius to be a faithfull and an approoued man in the righte faithe wee will that he shalbe present in your Synode bicause the conference is of the Faithe He was there asistaunt vnto the Fathers and examined Eutyches openly in the Synode diuerse times of his faithe and finally saide vnto him He that saithe Florentius doth not confesse in Christe twoo natures doth not beleeue aright and so was Eutyches excommunicate deposed and condemned Eutyches rested not here but obteined that the Emperour did commaunde a newe Synode to be had at Constantinople wherein to examine the actes of the former whether that all thinges touching the procéeding against Eutyches were done orderly and rightly or no. He appointeth besides Florentius diuerse other of his nobles to be in this councell to sée the dooinges thereof But when Eutyches coulde not winne his purpose in neither of these Synodes he procureth by friendship of the Emperesse Eudoxia and others that the Emperour shoulde call a Synode againe at Ephesus to the whiche Synode the Emperour prescribeth a fourme of procéedinge This Synode was a wicked conuenticle wherein the trueth was defaced and Heresie approoued the Emperour beinge seduced by Chrysaphius one of the priuie chamber and in moste fauour with him Leo the first Bishop of Rome a learned and a godly Bishop although not without all faultes maketh humble supplication vnto Theodosius the Emperour and vnto Pulcheria that there might be a generall councell called in Italy to abolishe the wicked errour in Faith confirmed by the violence of Dioscorus The selfe same Bishoppe of Rome with many Bishoppes kneelinge on their knees did moste humbly beseeche in like sorte Valent inianus the Emperour that he woulde vouchesaulfe to entreate and exhorte Theodosius the Emperour to call an other Synode to reuoke those euill actes and iudgementes whiche Dioscorus had caused to be done in the condemnation of Flauianus Bishop of Constantinople and others In whiche examples it is manifest that the Bishops of Rome did acknowledge the supreme gouernment direction and authoritie in callinge of councelles whiche is one of the greatest amongest the Ecclesiasticall causes or matters to be in the Emperours and Princes and not in them selues Marcianus a godly Emperour and very studious about the Christian Religion succeded Theodosius who besides that of him selfe he was muche carefull to suppresse al heresies and to refourme the Churches restoring Religion to puritie without errour was also hastened hereunto by the earnest sute of Leo Byshop of Rome who in diuerse and sondrie epistles declaring vnto him in moste humble wise the miserable state of the Churche dooth beseche him that he would vouchsaulfe to call a general councell Many other Byshops make the same suite vnto the Emperour and to the same ende complaining vnto him of the miserable destruction and horrible disorders in church causes An example and paterne of their supplications wherby may appeare that they acknowledged the Emperour to be their Supreme gouernour also in Ecclesiasticall causes or matters is sette foorth in the Chalcedon councell in the supplication of Eusebius the Bishop of Dorelaum vnto the Emperour who maketh humble supplicatiō as he saith for him selfe and for the true or right faith VVe flie vnto your godlines saith this Bishop vnto the Emperour bicause both we and the Christian faith haue suffered muche wronge against all reason humbly crauing iustice and for that Dioscorus hath doon many and that no small offences both against the faith of Christe and vs prostrate we beseche your clemency that you will commaunde him to aunswere to the matters we shall obiecte against him wherin we will proue him to be out of the catholique faith defending heresies replete with impietie VVherefore we beseche you to directe youre holy and honourable commaundement to the holy and vniuersall councell of the moste religious Bishoppes to examen the cause betwixt vs and Dioscorus and to make relation of all thinges that are doon to be iudged as shall seeme good to your clemency The Emperour protesting that they oughte to preserue the furtheraunce of the right faythe and Christian Religion before all other affaires of the common wealth sendeth their letters of summons to all Bishoppes commaundinge them to repaire to Nice a citie in Bithynia there to consulte and conclude an vnitie and concorde in Religion matters perteining thereunto that hereafter all altercation doubtfulnesse be taken cleane away an holesome trueth in Religion established addinge threates punishment to them that would refuse to come at the time appointed Whan thassembly was made at Nice of all the Bishops and that the Emperours could not come thither to be present in the Synode personally whiche they had promised and did much coueite they write vnto the whole Synode willing them to remoue from Nice vnto Chalcedon with out delay where they assembled at the Emperours commaundement to the number of 630. Bishoppes The Emperour assigneth Iudges and rulers in the Sinode about 24. of the chiefest of his Nobles and Senatours After all the Bishoppes and the Iudges were assembled in the councel house which was in S. Euphemies church the Emperour Martianus with Pulcheria entreth in amongst them maketh an Oration vnto the whole Councell to this effecte First he declareth what zeale care he hath for the maintenance and furtherance of true Religion Then he sheweth that partely the vanitie partely the auarice of the teachers had caused the discorde and errour in Religion He addeth the cause wherefore he chardged them with this trauaile And last of al he prescribeth a fourme after which they must determine the matters in controuersie This done the Iudges sat downe in their places the Bishoppes arowe some on the right hande others on the left hande And whan that Dioscorus was accused the Iudges willed him to vse his lawful defence there began to be amongst the Bishops whote schooles wanting some modestie wherfore the Iudges at the first staied them with milde wordes VVilling them to auoide confusion but being earnest they ouershot the modestie of so graue men wherfore the honourable Iudges and Senate of the Laity appointed by the Emperour did reproue thē saiyng These popular acclamations neither becommeth Bishoppes neither yet helpe the parties be ye quiet therfore and suffer al things to be rehersed and heard in order with quietnes VVhen
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
authoritie in these causes had been aboue the Emperours he needed not with suche lowlynes and so many teares to haue besought the Emperour to haue reuoked his decree and edict Within a whyle after this Iohn was Agapetus Pope whom Theodatus the kynge sent on his Ambassage vnto the Emperour Iustinianus to make a suite or treaty in his behalfe When the Emperour had enterteined this Ambassadour with muche honour and graunted that he came for touching Theodatus he earnestly both with fayre wordes and foule assayled this Pope to brynge him to become an Eutychian the which when he could not wynne at his hande beyng delighted with his free speeche and constancie he so lyked hym that he foorthwith deposed Anthemius Byshoppe of Constantinople bycause he was an Eutychian and placed Menna a Catholique man in his rowme Agapetus dyed in this Legacy in whose rowme was Syluerius made Pope by the meanes or rather as Sabellicus sayth by the commaundement of the kinge Theodatus the whiche vntill this time was wont to bee doone by the authoritie of the Emperours sayeth Sabellicus for the reuenge whereof Iustinianus was kindled to make warres against Theodatus Syluerius was shortlye after quarrelled withall by the Empresse through the meanes of Vigilius who sought to bee in his rowme and was by the Emperours authoritie deposed The whiche acte although it were altogether vniust yet declareth it the authoritie that the Prince had ouer the Pope who lyke a good Byshoppe as he woulde not for any threates doo contrary to his conscience and office ▪ so lyke an obedient subiecte he acknowledged the Prynces authoritie ▪ beynge sent for came beinge accused was ready with humblenes to haue excused and purged hym selfe and whan he coulde not be admitted therunto he suffred him selfe obediently to be spoyled of the Bishoplike apparayle to bee displaced out of his office and to be clothed in a Monasticall garment The same measure that Vigilius did giue vnto Syluerius he him selfe beyng Pope in his place receyued shortly after with an augmentation for he was in like sorte within a whyle deposed by the Emperours authoritie bicause he would not kepe the promise whiche he had made vnto the Emperesse and was in moste cruell wise dealt with all whiche crueltie was the rather shewed to him by the meanes and procurements as Sabellicus noteth of Pelagius whom Vigilius had placed to be his Suffragan in his absence About this tyme Epiphanius Bishop of Constantinople as Liberatus saith died in whose rowme the Empresse placed Anthymus About whiche time was great strife betwene Gaianus and Theodosius for the Bishoprike of Alexandria and within two monethes saith Liberatus the Empresse Theodora sent Narses a noble man to enstall Theodosius and to banishe Gaianus Theodosius beinge banished the sea was vacant wherunto Paulus who came to Constantinople to pleade his cause before the Emperour against certeine stubborne monkes was appointed and he receiued saith Liberatus authoritie of the Emperour to remoue heretiques and to ordeine in their places men of right faith This Paulus was shortely after accused of murther whereupon the Emperour sent Pelagius the Popes proctour liyng at Constantinople ioyning vnto him certeine other Bishoppes with commission to depose Paulus from the Bishoplike office whiche they did and they ordered for him zoilus whome afterwarde the Emperour deposed and ordered Apollo who is nowe the Bishop of Alexandria saith Liberatus Certeine Monkes met with Pelagius in his retourne from Gaza where Paulus was deposed towardes Constantinople bringing certeine articles gathered out of Origenes workes minding to make suite vnto the Emperour that both Origen and those articles might be condemned whome Pelagius for malice he bare to Theodorus Bishop of Caesaria in Cappadocia an ernest fautor of Origen did further all that he might Pelagius therfore doth earnestly entreate the Emperour that he would commaunde that to be doone whiche the Monkes sued for to witte that Origen with those articles shoulde be damned The whiche suite the Emperour graunted beinge gladde to geue iudgement vppon suche matters and so by his commaundement the sentence of the great curse against Origen and those Articles were drawne foorth in writing and subscribed with their handes and so sente to Vigilius the Bishop of Rome to zoilus Bishop of Alexandria Euphemius of Antioche and Peter Bishop of Hierusalem These Bisshops receiuinge this sentence of the curse pronounced by the Emperours commaundement and subscribinge thereunto Origine was condemned beinge dead who before longe agoe on liue was condemned When Theodorus Bishop of Caesarea in Cappadocia herde of this condemnacion to be reuenged he laboured ernestly with the Emperour to condemne Theodorus Mopsuestenus a famous aduersarie of Origen the whiche he brought to passe by ouermuche fraude abusinge the Emperour to the great slaunder and offence of the Churche Thus in all these Ecclesiasticall causes it appeareth the Emperour had the chiefe entermedlinge who although at the laste was beguiled by the false Bishoppes yet is it woorthy the notinge by whome this offence in the church came which appeareth by that that followeth I beleeue that this is manifest to all men saith Liberatus that this offence entred into the Churche by Pelagius the Deacon and Theodorus the Bishoppe the whiche euen Theodorus him selfe did openly publis he with clamours cryinge that he and Pelagius were woorthy to be brente quicke by whome this offence entred into the worlde This Pelagius as yet was but Suffragan or proctor for the Pope who afterwarde in the absence of Pope Vigilius his maister crepte into his sea in the middest of the broiles that Totylas kinge of the Gothes made in Italy when also he came to Rome In the which history is to be noted the Popes subiection to Totylas whome humbly on his knées he acknowledged to be his Lorde appointed therto of God and him selfe as all the rest to be his seruaunt Note also howe the kinge sent him Embassadour what chardge and that by Othe of his voyage of his message and of his returne the King streightly gaue vnto him howe buxomely in all these thinges he obeyed How last of all towarde the Emperour beinge commaunded by him to tell his message he fell downe to his féete and with teares both to him and to his nobles he ceased not to make moste lamentable and humble supplication till without spéede but not without reproche he had leaue to returne home But least you should take these thinges to set foorth that Princes had onely their Iurisdiction ouer the Ecclesiasticall persones and that in matters Temporall and not in causes Ecclesiasticall marke what is writen by the Historians Platina amongest the decrées of this Pope Pelagius telleth and the same witnesseth Sabellicus that Narses the Emperours other deputie Ioyntly with Pelagius did decree that none by ambition shoulde be admitted to any of the holy orders Pelagius more ouer writeth vnto Narses desiringe him of his ayde againste all the Bishoppes of Liguria
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
cōplaintes that were brought vnto him against the Clergy Monkes and certeine Bishoppes that their liues were not framed accordynge to the holy Canons and that many of them were so ignoraunt that they knewe not the prayer of the holy oblation and sacred Baptisme Perceiuynge further that the occasion hereof was partely by reason that the Synodes were not kept accordinge to the order appointed partly for that the Bishoppes Priestes Deacons and the residue of the Clergie were ordered bothe without due examinatiō of the right faith and also without testimony of honest conuersation Protesting that as he is mindefull to see the ciuill Lawes firmely kept euen so he ought of dutie to be more carefull about the obseruation of the Sacred rules and diuine Lawes and in no wise to suffer them to be violated and broken He renueth the constitutions for the Clergie touching Churche causes saying Folowyng therefore those thinges that are defined in the sacred Canons we make a pragmaticall or moste full and effectuall Lawe whereby we ordeine that so often as it shalbe neadfull to make a Bishop c. And so goeth forwarde in prescribing the fourme of his election examination approbatiō And shutteth vp y e Lawe about the ordering of a Bishop with this clause If any shalbe ordered a Bishop against this former appointed order bothe he that is ordered and he also that hath praesumed to order against this fourme shall be deposed He decreeth also by Prouiso what order shall be kept if it chaunce that there be any occasion or matter layde to the charge of him that is to bee ordered either Bishop Priest Deacon Clergy man or els Abbot of any Monastery But about all thinges sayeth he wee enact this to be obserued that no man be ordered Bishop by giftes or rewardes for both the geuer taker and the broker if he be a Churche man shalbe depriued of his benefice or clericall dignitie and if he be a Lay man that either taketh rewarde or is a woorker in the matter betwene the parties we commaunde that he paye double to be geuen to the Churche He geueth lycence neuertheles that where there hath bene somethyng geuen by hym that is ordered Byshoppe of custome or for enstallation that they maye take it so that it exceede not the somme prescribed by hym in this Lawe VVee commaunde therefore that the holy Archebishoppes namely of the elder Rome of Constantinople Alexandria Theopolis and Hierusalem if they haue a custome to geue the Bishoppes and Clerkes at their orderinge vnder twenty poundes in golde they geue onely so mutche as the custome alloweth But if there were more geuen before this Lawe wee commaunde that there be no more geuen then twenty poundes And so he setteth a rate to al other Ecclesiastical persons in their degrees according to y e habilitie of their Churches concluding thus Surely if any presume by any meanes to take more than we haue appointed either in name of customes or enstallations wee commaunde that he restore threefolde so muche to his Churche of whom he tooke it He doth vtterly forbidde Bishoppes Monkes to take vpon them gardianship neuerthelesse he licenceth Priestes Deacōs Subdeacōs to take the same on them in certeine cases He cōmaundeth two Synodes to bee kepte in euery Prouince yerely He prescribeth what and in what order matters shalbe examined and discussed in them Besides these he enioyneth and doth cōmaunde all Bishoppes Priestes to celebrate the prayers in the ministration of the Lordes supper and in baptisme not after a whispering or whyst maner but with a cleare voyce as thereby the myndes of the hearers may be sturred vp with more deuocion in praysing the Lorde God He proueth by the testimony of S. Paule that it ought so to be He concludeth that if the Religious Byshoppes neglecte any of these thinges they shall not escape punishment by his order And for the better obseruing of this constitution he commaūdeth the rulers of the prouinces vnder him if they see these thinges neglected to vrge the Bishoppes to call Synods and to accomplishe all thinges whiche he hath commaunded by this Lawe to be doon by Synodes But if the Rulers see notwithstanding that the Bishoppes bee slouthfull and slake to doo these thinges then to signifie therof to hym selfe that he may correct their negligence for otherwise he will extreemely punishe the Rulers them selues Besides these saith this Emperour we forbidde and enioyne the Religious Bishoppes Priestes Deacons Subdeacons Readers and euery other Clergie man of what degree or order so euer he be that they play not at the table playes as cardes dyce and suche lyke playes vsed vpon a table nor to associate or gase vpon the players at suche playes nor to be gasers at any other open sightes if any offende against this decrée wée cōmaunde that he be prohibited from all sacred mynistery for the space of thrée yéeres to be thrust into a monasterie After these constitucions made for the gouernement of the secular clergy as you terme it in causes Ecclesiasticall the Emperour descendeth to make statutes ordinaunces and rules for monasticall persones commonly called Religious declaringe that there is no manner of thinge whiche is not thoroughly to be searched by the authority of the Emperour who hath saith he receiued from God the common gouernment and principalitie ouer all men And to shewe further that this principalitie is ouer the personnes so well in Ecclesiasticall causes as Temporall he prescribeth orders and rules for them and committeth to the Abbottes and Bisshoppes iurisdiction to see these rules kept concludinge that so well the Magistrates as Ecclesiasticall persones ought to keepe incorrupted all thinges whiche concerne godlines but aboue all other the Emperour who ought to neglect no manner of thinge pertaininge to godlines I omitte many other Lawes and constitutions that not onely this Emperour but also the Emperours before him made touchinge matters and causes Ecclesiasticall and doo remitte you vnto the Code and the Authentiques where you may sée that all manner of causes Ecclesiastical were ouerséene ordered directed by the authoritie of the Emperours and so they did the duetifull seruice of Kinges to Christe In that as S. Augustine saith they made lawes for Christe Arriamirus Kinge of Spaine commaunded twoo councelles to be celebrated in a Citie called Brachara the one in the second yéere of his reigne the other the thirde yéere wherin were certaine rules made or rather renued touchinge matters of faithe touchinge constitucions of the Churche and for the dueties and diligence of the Clergie in their offices Wambanus Kinge of Spaine séeynge the great disorders in the Churche not onely in the discipline but also in the matters of Faithe and about the administration of the Sacramentes calleth a Synode at Brachara named Concil Brachar 3. for the reformacion of the errours and disorders aboute the Sacramentes and Churche discipline About this time after the death of Pelagius 2.
this moste Christian king He affirmeth that he is ashamed of hym selfe and of his owne slacknes when he doth consider the trauaill of kinges in gathering of soules to the celestial agayn Yea what shall I sayeth this Byshop of Rome to the king answer at the dreadfull doome when your excellencie shall leade after your selfe flockes of faithfull ones whiche you haue brought into the true faith by carefull and continuall preaching c. Although I haue medled and done nothing at all with you doing this altogether without me yet am I partaker of the ioye therof with you Neither doth Gregory blame this kyng as one medlyng in Churche causes wherin he is not Ruler but he prayseth God for him that he maketh godly constitutions against the vnfaithfulnes of miscreantes for no worldly respect wilbe perswaded to se thē violated Next after Sabinianus an obscure Pope enemy and successour to this Gregory succeded Bonifacius 3. Who although he durst not in playne dealing denie or take from the Emperours the authoritie iurisdiction in the Popes election and other Churche matters yet he was the first that opened the gappe thereunto for as Sabell testifieth with whom agree all other writers for the moste parte This Bonifacius immediatly vpon the entraunce into his Papacy dealte with Phocas to winne that the Churche of Rome might be head of al other Churches the which he hardely obteined bicause the Grecians did chalenge that prerogatiue for Constantinople After he had obteyned this glorious ambicious title of the bloudy tyrant Phocas and that with no smal bribes like vnto one that hauing a beame in his owne eie went about to pul the mote out of his brothers he made a decree that euery one should be accursed that prepared to himselfe a way into the Papacy or any other Ecclesiastical dignitie with frendship or bribery Also that the Bishops in euery city should be chosen by the people and Clergy and that the election should be good so that the Prince of the City did approue the party by them chosen and the Pope adding his authoritie therto had ones saide volumus iubemus we will and commaunde But saith Sabell both these decrees are abolished Nowe began this matter to brue by litle and litle first he obteined to be the chiefe ouer all the Bishoppes then to couer vice with vertue and to hide his ambicion he condemned all ambicion in labouring Spirituall promocion and in the election of Bishoppes where the confirmation before was in the Emperours bicause the Emperour gaue him an Inche he toke an elle bicause he had giuen him a foote he would thrust in the whole body and tourne the right owner out For leuing out y e Emperour he putteth in the Princes of the Cities from whome he might as easely afterwardes take away as for a shew he gaue falsely that vnto them that was none of his to giue graunting vnto them the allowance of the electiō but to him selfe y e authoritie of ratifiyng or infringing the same choose them whether they would allowe it or no. And to shewe what authoritie he would reserue to him selfe borowing of the tyrant speaking in the singuler nōbre Sic volo sic iubeo So wil I so do I cōmaunde for the more magnificence in the plural nombre he princely lappeth vp all the matter with volumus iubemus we wil and cōmaūde Which wordes like the Lawe of the Medes Persians y t may not be reuoked if they once passe through the Popes holy lippes must nedes stand allowe or not allowe who so list with ful authoritie the matter is quite dashed But thākes be to God for al this the decree is abolished foloweth immediatly For shortly after Isacius y e Emperours Lieutenant in Italy did confirme ratifie the election of Seuerinus the first of that name for saith Platina The election of the Pope made by the Clergie and people in those daies was but a vaine thing onles the Emperour or his Lieutenant had confirmed the same ▪ Sisenandus the king of Spain calleth forth of al partes of his dominions the Bishops to a City in Spaine called Toletum The purpose and maner of the kynges doynges in that councell the Bishoppes them selues set forth first as they affirme They assemble together by the praeceptes and commaundement of the king to consult of certeine orders of discipline for the Churche to refourme the abuses that were crept in about the sacramentes and the maners of the Clergie The king with his nobles commeth into the councell house He exhorteth them to carefull diligence that thereby all errours and abuses may be wypt away cleare out of the Churches in Spayn They folowe the kinges direction and agree vpon many holsome rules When they haue concluded they beseche the king to continue his regiment to gouerne his people with iustice and godlines And when the king had geuen his assent to the rules of discipline which they had agreed vpon they subscribed the same with their owne handes The like Synode Chintillanus kyng of Spayne did conuocate at Toletum for certein ceremonies orders and discipline whiche was confirmed by his precept and decree in the first yere of his reigne And an other also by the same king and in the same place and for the like purpose was called and kept the second yere of his reigne Chindasuindus king of Spaine no lesse careful for Church matters and Religion than his predecessours appointeth his Bishoppes to assemble at Toletum in conuocation and there to consult for the stablishing of the faith Churche discipline whiche they did Reccessiunthus kinge of Spaine commaunded his Bishops to assemble at Toletum in the first yere of his reigne and there appointed a Synode wherein besides the Bishops and Abbottes there sate a great company of the noble men of Spayne The king him selfe came in amongst them he maketh a graue and very godly exhortation vnto the whole Synode he professed how carefull he is that his subiectes should be rightly instructed in the true faith and Religion He propoundeth the fourme of an Othe whiche the clergy and others of his subiectes were wonte to receiue for the assurance of the Kinges saulfty He exhorteth them to ordeine sufficiently for the maintenāce of godlines and iustice He mooueth his nobles that they will assist and further the good and godly ordinaunces of the Synode He promiseth that he will by his princely authoritie ratifie and maineteine what so euer they shal decree to the furtherance of true Godlinesse Religion The Synode maketh ordinaunces the clergie and nobilitie there assembled subscribeth them and the kinge confirmeth the same with his royal assent and authoritie He called twoo other Synodes in the same place for such like purpose in the seuenth eyght yéeres of his reigne Vitalianus beinge chosen Pope sente his messengers with Synodicall letters according to the Custome saith Gratian to fignifie vnto
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
without the authoritie of the Emperours as in all the former generall councels And so at the ende the whole councell put vp a supplication to the Emperour for the ratifiyng of all their doynges The which when the Emperour had heard openly recited and redde vnto them they forthwith alowed signed and sealed Gregorius 3. sent into Fraunce for succour to Charles Martell yelding surrendring vp vnto him that whiche the Pope had so longe sought by all subtile and mischieuous meanes to spoile the Emperour the Princes of This same Gregory the third saith Martinus Poenitentiarius VVhan Rome was besieged by the king of Lombardy sent by Shippe vnto Charles Martell Pipines father the keyes of saint Peters confession beseching him to deliuer the Churche of Rome from the Lombardes By the keies of S. Peters confession he meaneth all the preheminence dignitie and iurisdiction that the Popes claime to them selues more and besides that whiche all other Churche ministers haue ouer and aboue all maner persons Ecclesiasticall or Temporall as geuen of Christe onely to S. Peter for his confession and so from him to the Popes of Rome by lineal successiō Seing that this Pope who was passingly well learned both in diuine and prophane learning and no lesse godly stoute and constant if you wil beleue Platina yeldeth and committeth all this iurisdiction and clayme that he hath ouer all persones Ecclesiasticall and Temporall so well in thinges or causes Ecclesiasticall as Temporall vnto Charles Martel a Lay Prince great maister of Fraūce it appeareth that Princes may Lawfully haue the rule gouernement and charge in Churche matters The heires and successours of this Charles Martell did keepe these keyes from rusting They exercised the same iurisdiction gouernement in Ecclesiastical causes y t the Emperours and kinges had doon from the time of Constantine the great vntill their time which was almost 400. yeres For Carolomanus sonne to kyng Pepin and nephew to Charles Martell no lesse Princelike than Christianly exercised this his Supreme authoritie in Ecclesiasticall causes and made notable reformation of the Ecclesiasticall state He sommoned a councell of his Clergie bothe Bishoppes and Priestes 742. yere from the incarnation of Christe wherein also he him selfe sate with many of his nobles and counsailours He sheweth the cause why he called this Synode That they should geue aduise saith he howe the Lawe of God and the Churche religion meaning the order and discipline may be restored againe whiche in the time of my praedecessours being broken in sonder fell cleane away Also by what meanes the Christian people may attaine to the saluation of their soules and peris he not being deceiued by false priestes He declareth what ordinaunces and decrees were made by his authoritie in that Synode VVe did ordeine Bisshoppes through the Cities saith he by the councell of the Priestes and my nobles and did constitute Bonifacius to be the Archebissop ouer them VVe haue also decreed a Synode to be called together euery yere that the decrees of the Canons and the Lawes of the Churche may be repaired in our presence and the Christian Religion amended c. That the money whereof the Churches haue been defrauded be restored VVe haue degraded the false Priestes Deacons and Clerkes being adulterers and fornicatours and haue driuen them to penaunce We haue vtterly forbidden all maner hunting and haukinge to the Clergie We decree also that euery priest dwelling in y e diocesse be subiect vnto his own bishop that always in Lent he make an accompt shew to the bishop the maner order of his ministery touching baptisme the catholique faith praiers the order of Masses And whāsoeuer the Bishop shal go his circuite to confirme the people the priest shalve ready to receiue him with a collection helpe of the people That y e priest seke for new chrysme always on Maundy thursday at the Bishops hand that y e Bishop may be a witnes of his chast life of his faith and doctrine We decree further that no vnknowen Bishop or Priest be admitted into the church ministery before he be allowed by the Synode He maketh many suche like for the reformation of y ● Clergy in what sort they shalbe punished if thei cōmit whordome likewise against sorcery wytchcraft diuinacions incantations all kinde of prophane superstitiōs If there were no more exāples of any church history but this of Caroloman it woulde suffice to make playne that to the Princes authoritie apperteineth to make Lawes and to the Clergy to geue him counsaile out of Gods worde howe to frame the discipline to the edifiyng of Goddes Churche About this time was one Bonifacius not Pope but as they call him the great Apostle of the Germaines the like for all the worlde to our Apostle here in Englande Augustinus Anglorum Apostolus Either of them might be called the Popes Apostles whose great champions they were And euen suche Ecclesiasticall matters as our Apostle treateth of hath this Apostle in his Epistles to the Pope as this He asketh his holines when fatte bakon should be eaten The Pope aunswereth when it is well smoke dried or resty and then sodden Likewise he asketh whether we shall eate Dawes Crowes Hares and wilde Horses The Pope biddeth him to beware of them in any wise Also he asketh him howe if Horses haue the fallinge sicknesse what we shall doo to them The Pope aunswereth hurle them into a ditche He asketh what we shall doo with Beastes bitten with a madde dogge the Pope biddeth him kepe them close or hurle them into a pitte He asketh if one Nonne may was he an others feete as men may the Pope aunswereth yea on Goddes name Also he asketh howe many Crosses and where aboutes in his body a man shoulde make them These and a great many suche like are the Popes and his Apostles Ecclesiasticall matters But leauyng these tryfles note that in those Ecclesiasticall matt●●s whyche he dyd to any purpose the lay Princes had the entermedling as appeareth by the Pope Zacharias Epistle to this Boniface It is no marueile though this kinge Charloman as also Charles the great and other noble Princes after their time established by their authoritie in Synodes many superstitions and idolatrous obseruances as of Masses Chrysmes and suche like abuses beinge moued with the zeale that all Princes ought to haue But wanting the pure knowledge that good and faithful Bishops should haue instructed them withall seinge suche blynde bussardes as this Boniface had the teachinge of them who like blynde guydes ledde them in the bottomles pit of all supersticions and false Religion Adrianus the first Pope beinge muche vexed through his owne furious pryde by Desiderius kynge of Lombardy sendeth to Carolus Magnus and requireth him of his ayde against the Lombardes promysing to make him therfore Emperour of Rome Charles commeth vanquisheth Desiderius and so passeth into Rome whom the Pope receiued with great honour geuing to him in
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
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 cōmēded 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 thē 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 incōparably aboue your aūcestours 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 cōmaundement 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 cōmaundement 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 m●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 cōfirmeth 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 pardō 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 licēce 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
again vnto Ther●e the tenour wherof foloweth after Gratianus reporte I haue red your letters wherin you require me to consecrate the newly elect Bishop of Reatin chosen by the consent of the Clergie and people least the Churche should be long destitute of a propre pastour I am sory for the death of the other but I haue defered the confecration of this for that he brought not with him the Emperours licence vt mos est as the maner is I haue not satisfied youre minde herein least that the Emperour shuld be displeased at my doing Therfore I require you for otherwise I ought not to medle to purchase the Emperours licēce directed vnto me by his letters vt prisca consuetudo dictat as the auncient custome doth will and then I will accomplis he your desier I pray you take not this my doing in euill parte Wherof it is manifest inough saith Nauclerus that of the Emperours at that time the Bisshops had their inuestitures although Anto. doth glosse otherwise saiynge that perhaps this electe Bisshoppe was belonging to the Court who ought not to be ordered Not only the textes of many decrees in this destinctiō doth confirme this to be true but also Gratian himselfe and the glossars do in many places affirme that this was the auncient custome and constituion in the Churche that the elections of the Bisshops of Rome and of other Bishops also should be presented to the Emperours and Princes before they might be cosecrated Immediatly after the death of Stephen Paschalis 1. was chosen Pope He being encouraged by al likelihood by his predecessours like entrance thinking to entreate the Emperour so easely as Stephen had done And boldened with a late made Canon by Stephen suffred him self to be enstalled consecrate without Themperours inuesturing leaue authoritie Neuertheles being better aduised mistrusting his presūpteous disobediēt fact wolde displease Thēperour as it did in dede he sent by by his Legates to Themperour to excuse him self laieth all the fault on the people Clergy Thēperour accepting this excuse for that time warneth the people and Clergy of Rome that they take good hede that they do no more offende against his maiestie but that hereafter they doo warely obserue and kepe the old orders and constitutions He calleth this attempt plain treason This Emperour called a councel at Frankforth he bestowed Spiritual promocions and instituted his brother Drogo the chiefe mynister or Bishop at Mettes In the meane whyle dieth Pope Paschalis next to whom folowed Eugenius but elected not without contention and liued but a while after whom succeded Valētinus who liued in the papacy but fourty days Next vnto him was chosen Gregory the fourth who was of so great modestie saieth Platina that being elected Pope of the Clergy and people of Rome he would not take vpon him the office before he had his confirmation of the Emperours Embassadours whom the Emperour had sent to Rome for that purpose and to examen diligently that election And Lodouicus the Emperour did this not of pride but that he woulde not loose the priuileges and rightes of the Empire Note all these thinges well the Pope on the one part whā he was chosen without any contention yet would he not be consecrate without the Emperours confirmation otherwise he thought it an vnmodest part The Emperour on the other side not onely sendeth his Embassadours to confirme but or euer they confirme him to examyn and diligently to discusse after what sorte he came in and whether he were elected lawfully or no. And this he did not of a pryde saye they muche lesse of any vsurpation but bicause he woulde not loose or diminishe the right herein that belonged to the Emperiall maiestie Here say they he did it of purpose bicause he would not lose his right and not his onely but the right of the Empire But least it should séeme he did tyrannously herein and oppressed the Churche or enfringed her liberties it foloweth all most worde for worde in both these writers Platina and Nauclerus For he was a milde merciful and most gentle Prince of nature and one that did alwayes mainteine the right and dignitie of the Churche Loo howe great clemency this is compted in him and the defence of the dignities and rightes of the Churche the whiche afterwardes and nowe of the Popes is compted the greatest tyranny and oppression of the Churche that can be But further to approue this deede of Lodouike the foresayde authours recite many Canons decrees constitutions that this Emperour made in Ecclesiasticall causes and thinges and especially for the reformation of the disordered behauiours of the Bishoppes and Clergie In so muche that Platina comparinge the dissolutenesse of the Churchemen in his time crieth out Woulde God O Lodouike thou were aliue in these our times for nowe the Churche wanteth thy moste holy ordinaunces and thy discipline The selfe same Lodouicus saith Platina called a councell of many Bisshoppes at Aquisgrane to Goddes honour and the profite of the Church dignitie The Prelates in the preface to this Sinode doo declare what was the care authoritie of the Godly Emperour in this Sinode They affirme that the moste Christian Emperour had called an holy and general congregation or Councell at Aquisgrane He beganne therein thoroughly to handle the mater with wisedome voide of curiositie He counsailed yea warned the holie Synode assembled what was néedefull to be doone touching certaine chiefe ministees of the Churches He warned them further to drawe out of the Holie Canons and the saiynges of the holie Fathers a fourme of institution for the simple sōrte of Ministers whereby they might more easilie learne to walke in theyr duties without offence The Synode geueth God thankes that he had praeferred so holie wise and deuout a Prince to haue the chardge and ouersight of his Churche and the Churches needefull businesse or matters The Synode accordinge to the kinges aduertisement furthered also with his helpe otherwise collecteth a fourme of Institution wherein is conteined at large after what sorte the Prelates oughte to frame their liues rule or gouerne the people committed to their cures c. This done they bring to the Prince their fourme of institution whiche they had deuised This Emperour called an other Councel at Ticinum in Italy for the causes hereafter expressed The matters or causes which the honorable Emperour Lodouicus did commaunde his Bishoppes to consider of are these touching the state of his kingedome of the conuersation of the Bishoppes Priestes and other Churchmen of the doctrine and preachinge to the people of writinge out of Bookes of restoring of Churches of ordering the people and hospitalles for strangers of Monasteries both for men and wemen What so euer is out of order in these forenamed states eyther thorough the negligēce of the guides or the slouthfulnesse of the inferiours I am saide he verie muche desirous to knowe and I coueite to amende or refourme
at Moguntia the other at Triburum Of these Popes and those that followed as Formosus Stephanus Romanus Benedictus Leo Christophorus Sergius and a great company moa the Historians geue but an homely testimonie and Naeuclerus saith that to satisfie their voluptuous lustes they dyd maliciously malice one another as most cruel Tyrantes and he added this reason Cum non extarent qui eorum vitia coercerent bicause there was none to correcte and chasten them for their euill doinges For so long as the Princes exercised their authoritie in ouerseing carefully the Churche matters and the mynisters so well the Popes as other Bishoppes there grewe no suche intollerable disorders neither were there suche monsters for so Nauclerus termeth these Popes that continued any space But were by the Princes authoritie suppressed and therfore Nauclerus citeth out of Platina and affirmeth it to be true that the cause of these monstrous Rebelles in the Churche was Quod Resp ignauos desides principes habeat Bycause the common wealth had improfitable and slouthfull Princes Thus these writers burdeine and charge the Princes with the disorders and enormities in Christes Churche wherein they doo them wronge if they thought not that it apperteined to the Princely authoritie to ouersee care and prouide for the good order of Christes Churche and to redresse punishe and remoue the inordinate euilles therein Yea Sabellicus so wondereth at these tragicall examples of the Bishoppes of this time and their horrible obliuion of Godly Religion that he ascribeth the good and godly moderation that was in the Bishops and the dutifull execution of their office from Charles the great till the ende of the Frenche Empire whiche was an whole age to be not so muche of them selues and their owne good wills as of thē awe and feare they had of the Princes kinges and Emperours who were their guardians And therfore cōcludeth that it may be truely said that this was the calamitie of Fraunce Italy and of the Churche of Rome Quod in ea gente desitum esset imperari bicause there was no king nor Emperour to beare rule meaning that although there were kinges and Emperours yeat did they not execute their Princely office and authoritie in ouerseing correcting and reforming the Churche matters and her mynisters and therefore the state was miserable In this cōfusion were al thinges but especially in the Churche of Rome till God stirred vp the wyse and mighty Prince Otho the first whose zeale stoutnes trauayle in reforming Religion and the disordred Churche no tongue is able to expresse saith Nauclerus At this time was Iohn 13. Pope a man replete lodē with all dishonestie and villany against whom twoo of the chiefest amōgest the Clergie the one was a Cardinall saith Luithprādus the other maister of the Rolles made cōplaint vnto Otho most hūbly beseching him to haue some cōpassion on the Church which if it were not speedely reformed must néedes come to vtter decay After whō came the B. of Millain so one after another a great many mo making the same sute vnto Otho who being moued of his own zeale to gods glory but now enflamed by y e lamentable suplicatiōs of these Bishops Rex pijssimus saith Luithp non quae sua sunt sed quae Iesu Christi cogitans The moste religious king hauing carefull cogitations not for his owne thinges but for Iesus Christes matters addressed him selfe with all conuenient spede into Italy to refourme Rome from whence all the mischiefe sprange When the Pope vnderstoode of his comming he prepared to receiue him in most honorable wise and with suche humilitie behaued him selfe towardes the Emperour and shewed such faire face of repentaunce that the well meaning Emperour thought he had meant as he pretended sware the Pope to obedience and loyaltie against Berēgarius and Adalbertus as Luithprandus writeth and so retourned into his countrey This Luithprand is the more to be credited for that he was liuing a famous writer and Deacon Cardinall euen in the same time The Pope immediatly against both othe and honestie practised with Adalbertus to depose this godly Emperour and promised him by othe his aide The reason or cause why Iohn the Pope should hate this most Godly Emperour who had deliuered him out of the handes of Adalbert his enemy and wherfore the Deuil should hate God his creatour semeth not to be vnlike For the Emperour as we haue had good experience vnderstandeth thinges pertaining to God he worketh he loueth them he mainteineth with maine and might the Ecclesiasticall and Temporall matters he decketh them with manners and amendeth them by Lawes but Iohn the Pope is against all these thinges The Emperour seeketh by diuerse waies to reconcile this Pope and to bring him from his filthy life to some honestie regarde of his office Whan by no persuasions he can winne him he determineth to depose him and for that purpose he calleth a councell of the Bishops of Italy to the ende he may seeke the reformation whiche he mindeth and sawe to be ouermuch● needefull by their aduise Pope Iohn seyng him selfe to be tried by a Synode runneth away when all the people sawe their Pope was runne away from them they sware fidelitie to the Emperour promisinge by their Othes that they woulde neuer hereafter elect or make any Pope without the consent of y e Emperour Within thrée days after there was a great assembly in S. Peters Churche at the requestes of the Bishoppes and people In whiche councell sat the Emperour with many Archebishops and others to whome the godly Emperour propoundeth the cause of their assembly exhorteth them to doo al things with vpright iudgement and the Bishoppes Deacons Cleargy and all the people make solempne protestation and obtestation of their iust and vpright dealing in the cause propounded And bicause the chiefe matter touched the Pope that was rūne away the holy Synode saide if it séeme so good to the godly Emperour let letters be sente to the Pope and cyte him to come and purge him selfe the Letters were directed in this fourme Otho by Goddes grace Emperour with the Archebishoppes of Liguria Tuscia Saxonia and Fraunce sende greeting in the Lorde to Iohn the Pope wee comminge to Rome for our Seruice to God and enquiringe the cause of your absence from your churche were enfourmed by the Bishops Cardinalles Priestes Deacons and the whole people of suche shamefull dooinges by you as wee are ashamed to rehearse whereof these are parte they chardge you with Murder periury sacrilege inceste with twaine of your owne sisters that in your banquettes whiche is horrible to be rehersed yee drinke wine in the loue of the Deuill in your play at dice you craue the helpe of Iupiter Venus and other Deuilles wherefore wee pray you to repaier vnto vs your selfe To this the Pope writeth this answeare I here say yee will make an other Pope whiche if yee attempt I excommunicate you all that yee may haue
auncient estate Suche was the carefull trauell of the Godly Princes in gouerning not onely in Temporall but also in Ecclesiasticall thinges and causes Benedictus the ninth solde the Papacy to Gregory the sixt Syluester the thirde thrust in amongest them by frendship and bribery To this case was the Papacy brought nowe saith Platina that onely he that was most mighty in ambition and bribery obteined this dignitie there was no roume for good men Henricus the third surnamed Pius came to Rome to thrust out these three monsters saith Sabellicus and to bring this to passe in better order he calleth a Synode wherein he deposeth these three monstrous beastes and dooth create Clement the second The whiche doon he sweareth the Romaines that they shall neuer after be present at the election of any Pope onles they be compelled thereunto by the Emperour But after the Emperours departure from the citie Stephan perceiuing the people to grudge somwhat at Clementes election despatched him out of the the way with a medicine for a Pope Venenum illi miscuit he poisoned him saith Sabellicus and immediatly after his death entruded himself into the Papacy without consent either of the Emperour people or priest and called himself Damasus 2. But with in a while he died also In y e meane time the Romaines sent to the Emperour besechinge him to appointe them some good man to be their Bisshop who made Bauno Pope and was named Leo 9. After this Leo whom Hildebrand ridde out of the waye saith Benno Cardinalis was Victor the seconde made Pope by the Emperours authoritie or priuilege Shortly after this Godly Emperour died beinge greatly praised surnamed Pius Henricus for his dealinge in the reformation of Churche matters This Emperour had called two councels the one at Constance wherin he was him self present after y e another at Moguntia wherin both the Emperour the Pope sat in Synod This Pope saith Nauclerus came into Germany about the church matters and ordered al thinges therin saith Abbas Vspurg by the aduise and counsaile of the Emperour and other seculer Princes and the Bisshoppes And as this Emperour had yeat this interest in the councelles and in the creatiō of the Pope him self so had he the placing and displacing allowing disallowing in other spiritual promotions as at large appeareth in Nauclerus Stephen 9. was chosen Pope after that Victor had dronken of Hildebrandes cuppe But this Stephen liued not long for saith Benno If any other than Hildebrand were chosen Pope Gerardus Brazutus Hildebrandes familiar friend would soone dispatche him out of the way with poyson Alexander 2. was chosen without the Emperours authoritie or knowledge with whose election the whole Clergy of Lombardy was muche offended refused to owe vnto him any obedience beseching the Emperour that he would geue them licence to choose one of their owne persuading him that there ought none to be electe without the consent of the king of Italy After they had licence they chose Cadolus the Bishop of Parma whom all the Clergy of Lombardy obeied as their lawful Pope The Cardinals saith Benno knowing well Hildebrandes ambition did winne with muche sute the Emperours fauour and aide to their newe elected Pope Cadolus the which did so deepely perce the harte of Hildebrande that he became a deadly enemy to the Emperour for euer after contrary to the faithfull dutie that he had sworne vnto him Hard holde there was betwixt these two Popes so wel with strokes as with woordes they bothe gathered great armies and with their armies came into the fielde in their owne persones and fought twoo cruell and bloudy battailes and so ruled the Schismaticall Churche with Paules swoorde Peters keyes beinge fast locked from them bothe in Christes Churche til the Emperour sent Otto the Archebishop of Collein geuing him full authoritie as he should see cause to set in order the Churche matters Whan Otto came to Rome with this large commission he did sharpely reproue Alexander at the firste Bicause he had taken vpon him the Papacy without the Emperours commaundement and contrary to that order whiche the Lawe it self and the longe custome also hath praescribed Whose wordes Nauclerus telleth thus How commeth this to passe saith he my brother Alexander that contrary to the maner of olde time hitherto obserued and against the law praescribed to the Romain Bisshops many yeres agoo thou hast taken vpon thee the Romaine Papacy without the commaundement of the king and my Lorde Henry and so beginning from Charles the great he nameth many Princes by whose authoritie the Popes were either chosen cōfirmed or had their electiō ratified whan he was going forward in his oration Hildebrand Tharchdeacō taketh y e tale out of his mouth saiyng in great heat O Archbishop Otto the Emperours and kinges had neuer any right at al or rule in the electiō of the Romain Bishops Tharchbishop gaue place to Maister Archedeacon by and by For Hildebrand knewe well inough saith Sabellicus that Otto woulde relent easely and agree with him In suche sorte also haue other godly Princes been beguyled trustinge ouermuche popish Prelates with their embassages Within a while after whan the Emperour heard of these doinges he sent streight to Pope Alexander to gather together the Prelates promising that he him selfe would come to the coūcel to set an order in the Churche matters that all thinges might be doon in his owne presence who vsed Alexander very gently friendly wherwith the Pope afterwardes was so moued and saw how he him self had been abused by Hildebrands instigations against so gentle a Prince y t he was greatly sory that he had attēpted to be Pope without his assent Whereupon saith Benno whan Alexander vnderstoode that he was elected and enstalled by fraude and craft of Hildebrande and other the Emperours enemies in his sermone to the people he plainly declared that he would not sit in the Apostolike sea without the licence and fauour of the Emperour and further said openly in the pulpit that he would sende foorthwith his letters vnto the Emperour for this purpose so greatly he repented him of his vsurpation without the Emperours authoritie Hildebrande who had long awayted and practised to be Pope impacient of any longer tariaunce immediadly after the death of Alexander gatte to be made Pope was called Gregory the seuenth of whose election Abbas Vrspurgens faith next to Alexander succeded Hildebrande vnder whom the Romain cōmon weale and the whole Church was endaūgered and brought in a great peril with new errours and sehismes such as haue not been heard of who climbed vp to this high dignitie with out the consent of the Prince and therfore there be that affirme him to haue vsurped the Papacy by tyranny and not Canonically instituted for whiche cause also many did refuse him to be Pope In this election Hildebrande made poste haste for feare he had come shorte of his purpose In
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
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
the kingdome whose kinge is a childe and whose Princes banquet earely a kinge I name not for his smale and tender age but for folly and wickednes and madnes according to the Prophet king bloudthirsty and deceitful men shal not liue out halfe their daies By banqueting we vnderstand glotonie through glottony riotousnes through riotousnes all filthy and euill thinges according to kinge Salomon wisedome shall not enter into a froward soule nor dwel in the body that is subdued vnto sinne A king is named of ruling and not of a kingdome so long as thou rulest wel thou shalt be kinge whiche vnlesse thou doo the name of a king shal not cōsiste in thee and thou shalt lese the name of a king whiche God forbidde Almightie God geue vnto you so to rule your kingdome of Brytany that ye may reigne with him for euer whose vicar ye are in the kingdome aforesaide VVho with the father c. Thus it is made manifest that bothe your argument faileth in truthe of matter and you your selfe were beguiled through ignorance by wante of reading But put the case that your antecedent were true yet is it a faulty fallax made à dicto secundum quid ad simpliciter and the consequent followeth not for that there is more conteined in the conclusion than the antecedent doth comprehende whiche is suche an euill fauoured forme of argument that yonge studentes in the scholes would be ashamed thereof The Donatistes made the like obiection against the catholique fathers wherto S. Augustine maketh this answere The state of the Apostles time is otherwise to be thought of than this time al thinges must be doon in their time In the Apostles time this prophecie was yet in fulfilling wherfore do the Heathen rage and the people muse vpon vaine thinges The kinges of the earth set them selues and the Princes consult together against the Lorde and his Christ As yet that was not in hande whiche is spoken a litle after in the same psalme and nowe ye kings vnderstand be learned ye Iudges on the earth serue the Lorde in feare and ioy in him with reuerence Therfore seyng that as yet in the Apostles time kinges serued not the Lorde but still did deuise vaine thinges against God and his Christ that all the foresayinges of the Prophete might be fulfilled than truely impieties coulde not be inhibited by princes Lawes but rather be mainteyned For suche was the order of the times that both the Iewes shoulde kill the preachers of Christe thinkinge to doo God good seruice therein as Christ had forspoken and also the gentiles shoulde rage against the Christians that the martirs might winne the victory thorough pacience But after that this began to be fulfilled whiche is writen And al the kinges of the earth shall woorship him and all the nations shal serue him what man onlesse he be not well in his wittes will say that Kinges ought not to haue a speciall regarde for the Churche of Christe and all manner godlines amongst their subiectes You frame an other reason vpon S. Paules woordes vnto the Bishops of Ephesus whereby to prooue that all gouernement in spirituall or ecclesiastical causes belongeth to Bishoppes and Priestes and not to Princes and Ciuill Magistrates thus you argue The holy ghost appointed all spirituall gouernement of Christes flocke vnto Bishops Priestes as the woordes spoken by S. Paule doo make full and perfecte declaration Ergo Kinges Quéenes and Princes may not claime or take vpon them any parte of Spirituall gouernement much lesse take the supremacie and chiefe parte of spirituall gouernement from them For answeare I denie this argument for it is a naughty and deceiptfull Sophistication called Fallacia aequiuocationis There is equiuocacion in this woorde Priestes and also in these woordes to gouerne and rule the Church of God This woorde Priest hath diuerse significacions which are to be obserued least the simple readers be confirmed or brought into errour thorough the equiuocation therein The Scripture speaketh of a priesthood after the order of A●ron after whiche order you will not confesse the Apostles and the Bishoppes their successours to be Priestes an other kinde of Priesthoode is after the order of Melchisedech and Christe onely without any successour in y ● Priesthood was the alone Priest of that order The thirde kinde is an holy and princely Priesthood of the which order not onely the Apostles and their true successours but also Kinges Quéenes Princes al manner of faithfull Christians are Priestes There is in cōmon opinion amongst the Papistes a fourth kinde which is a massinge sacrificing priesthood after which order Christes Apostles the true mynisters of his Church were neuer priests for y e order belongeth onely to y e Apostolical Clergy of y e Romishe Antichrist Yf your meaning therfore be y e Christ left any kinde of gouernment or rule of his Churche to Bishops Priestes after this popishe order your opinion is hereticall your assertion vtterly false Therfore where I shall afterwardes in my speaking cal the mynisters of Christes Churche Priestes I geue you to vnderstande y t I doo therin but follow y e vsuall accustomed kinde of speache which is impropre although in longe vse Likewise to gouerne and rule the Church of God is of twoo kindes sortes the one is by y ● supreme authority power of the swoorde to guide care prouide direct ayde Gods Church to further mainteine setfoorth the true Religion vnitie quietnes of Goddes Churche to ouersée visit refourme restraine amende correct all manner persones with all manner errours superstitions heresies schismes abuses offences contēptes enormities in or about Gods Churche Which gouernment rule apperteineth onely to Kinges Quéenes and Princes and not to the Apostles Bishops and Priestes wherof S. Paule speaketh nothinge at al in this sentence by you alledged to the Bishops of Ephesus The other sorte is to féede the flocke of Christ with the Spirituall foode of Goddes woorde which is the onely rule and gouernment that belongeth to the Apostles Bishops Mynisters of Christes Churche of none other manner rule speaketh S. Paule to the Bishops of Ephesus which he maketh most plaine both by y t expresse woordes of y e sentence auouched also by the whole circumstaunce of the same place The woorde y e S. Paule vseth doth proprely signifie to féede as the sheapeherde féedeth his shéepe by a figuratiue speach to guide gouerne or rule therefore if you would haue dealt plainly and haue vttered S. Paules meaning according to his propre speache where you say To gouerne and rule doubling the woordes as it were to amplifie the matter that the truth might lesse appeare you ought to haue saide to feede the Churche of God for that is the Apostles propre saying so the olde translatour of Chrysostome doth translate it vpon the Epistle to y e Ephesians also expoūding this same
permitted to speake That is as your owne doctour Nicol. de Lyra expoundeth it Women muste not teache and preache the doctrine in the Churche neyther dispute openly Therefore our Sauiour Christe did not committe to Kinges Quéenes and Princes the authoritie to haue and take vpon them any parte of gouernement in Ecclesiasticall causes As though a younge Nouice of your Munkishe order shoulde haue argued Nunnes muste kéepe silence and maye not speake in the Cloysture nor yet at dinner time in the fraytry therefore your deceyuer the Pope did not committe authoritie to his Prouincialles Abbottes Priors and Prioresses to haue and take vppon them the gouernement vnder him selfe in Munkishe and Nunnishe causes and matters What man woulde haue thought Maister Feckenham to haue had so litle consideration although vnlearned as to vouche the silence of women in the Churche for a reason to improue the authority of Princes in Churche causes M. Fekenham The thirde chiefe pointe is that I must not onely svveare vppon the Euangelistes that no forayne personne state or potentate hath or ought to haue any povver or authority Ecclesiasticall or Spirituall vvithin this Realme but also by vertue of the same Othe I must renounce all forrayne povver and authorities vvhiche for a Christian man to doo is directly againste these tvvoo Articles of our Crede Credo sanctam Ecclesiam catholicam I doo beleeue the holy catholique Churche Credo Sanctorum Communionem I doo beleeue the Communion of Sainctes And that there is a participation and communion amongest all the beleeuers of Christes Churche vvhiche of the Apostle Paule are called Sainctes Adiuro vos per Dominum vt legatur haec Epistola omnibus sanctis fratribus And herin I doo ioyne this issue vvith your L. that vvhan your L. shalbe hable to proue by Scripture Doctour Generall councell or by the continuall practise of any one Churche or parte of all Christendome that by the firste article I beleeue the holy catholique Churche is meante onely that there is a Catholique Churche of Christe and not so that by the same Article euery Christian man is bounde to be subiect and obedient to the catholique Churche like as euery member ought to haue obedience vnto the vvhole mysticall Body of Christe And further vvhen you shalbe hable to proue by the seconde Article I doo beleeue the Communion of Sainctes is not so meante that a Christian man ought to beleeue suche attonement such a participation and communion to be amongest all beleeuers and members of Christes catholique Churche in doctrine in Faithe in Religion and Sacramentes but that it is lavvfull for vs of this Realme therein to dissent frō the catholique Church of Christe dispersed in all other Realmes and that by a corporall Othe it is lavvfull for vs to renounce and refuse to haue communion vvith the catholique Churche so dispersed bicause it is a forrayne authoritie and povver out of this Realme vvhen so euer your L. shalbe hable to proue this ▪ by Scripture Doctour Generall councell or yet by continuall practise of any one Churche or parte of all Christendome Than shall I in like manner yelde in this thirde pointe and vvith moste humble thankes shall thinke my seife very vvell satisfied therein The B. of Wynchester This thirde chiefe point is nothing els but a misshapened lumpe of woordes conteininge firste an argument grounded vpon a kinde of Opposition that no wise or learned man euer redde of but is newly forged and hammered out of your owne braine Then an issue to haue me prooue that thinge whiche beinge rightly vnderstanded no Christian doth doubt of or will denie And last of all an huge heape of flatte and manifest Lies against the whole Realme to set a good face vpon an euill fauoured cause whiche can finde no helpe or ease by plain and simple truth The weighty burden that you are loden with can not beare is that you must by othe renounce all forreine power and authoritie the cause that maketh you fainte and feble is that it is directly against two articles of our Creede So that your feble reason is grounded after your simple skill vpon the place ab apositis pugnantibus Before I aunswere to the argument I will put the Reader in remembraunce of the deuision whiche you make chopping chaunging one article into twaine to make some shewe of an heinous matter Surely it were ouermuche detestable if you were moued to sweare but against one article of our Crede as yee were neuer moued by me either to or fro to sweare any thing at all There be three symboles or Credes whiche haue been allowed and receiued of Christes catholique Churche The symbole of the Apostles of the Nicen councell and of Athanasius The Apostolicall is so called bicause it was collected as some saye by the twelue Apostles and therefore conteineth as the cōmonly receiued opinion is in Christꝭ Churche according to the nomber of the. xtj. Apostles but twelue articles whiche are called in the vsuall speche of the catholique Christiās the twelue articles of our Crede or beliefe If this I beleue the communion of sainctes be a seuerall article from this I beleue the holy catholique Churche as you doo phantasie then there must needes be at the least thirtene articles of the Crede contrary to the vniuersally receiued opinion of the catholique Churche You were wont to staye your selfe much vpon the custome of the catholike Churche and woulde vrge stifly although not so truely the vniuersally receiued opinion of the catholique Churche as a matter that might not bee reiected or denied and howe chaunceth it nowe that you are become suche a chaungeling that cleane contrary to the vse of the catholique Churche whiche acknowledged but twelue you wil make thirtene articles of the Créede at the least Besides this the catholique Churche in the time of Cyprian and Augustine and before also did not reken or iudge these to be twoo seuerall articles but did coumpte them one article concludinge these woordes the communion of Sainctes in this sentence I beleue a catholique Churche of Christe recyting the Symbole without rehersall or mentioning the communion of Sainctes as it is plainely set foorth by S. Cyprian and Augustine in their exposicions of the Apostolicall Créede The mattier meant by the communion of Sainctes is vttered in these woordes I beleue an holy catholike Churche of Christ Whereunto hath been added sence these auncient fathers times as it may séeme by the way of explication a communion of Sainctes to expresse in plainesse of speche that Christes catholique Churche is nothing els but a felowshippe and communion of faithfull ones whiche are sainctes Nowe let vs see howe to sweare as this thirde chiefe point of the othe setteth foorth is directly against this article of our Créede I beleaue the holy catholique Churche the communion of Sainctes All true subiectes ought and must renounce and forsake all forraine iurisdictions powers superioritie preheminences and authorities
to mine assertion to be committed by Christe to Bishops priestes as proprely apperteyning to their office and calling without further commission or authoritie from Princes or any other power The distinction that I made of Ecclesiasticall iurisdiction I wil first repete and than put mine answeare to your argumentes Spiritual Iurisdiction is deuided into twoo sortes the one is called Cohibityue the other not Cohibityue That whiche is called not Cohibityue is that iurisdiction or power that is exercised and woorketh in the inwarde and secrete courte of conscience that is the preachinge of the Ghospell mynistration of the Sacramentes and the absoluinge and reteininge of sinnes by the woorde of God in the publique mynistery This therfore they call not Cohibityue bicause in the Court of conscience no man is bound or lowsed vnwillingly or against his will To exercise this kinde of Iurisdiction neither kinges nor ciuill Magistrates neither any other persone may challendge or take vppon him onlesse he be lawfully called thereunto Iurisdiction Cohibitiue hath twoo partes the one consisteth in the exercise of excommunication and circumstaunces thereunto required by Christes institution the whiche power or Iurisdiction belongeth to the Churche onely and not to the Prince Bishoppe or Priest for noman hath authoritie to excommunicate but onely the Churche and those who receiue authoritie there vnto by commission from the Churche The other kinde of Cohibitiue Jurisdiction is a power or authoritie that consisteth and is exercised in foro causarum in the courte of causes and apperteineth ad externum publicum forum to the externall and publike Courte and is defined to be saith Antonius an authoritie or power to declare the Law geue sentence and to iudge in all controuersies pertayninge to the Courte what is euery mans right and in summe to doo those thinges that iustice dooth require accordinge to the Lawes Ioannes Quintinus defineth Iurisdiction to the same effect but openeth the nature thereof more plainely sayinge Iurisdiction is an office and authoritie to declare the Lawe that is to admynister iustice and equity● and to gouerne the people with right and Lawes VVhan I name an office saith he I meane that iurisdiction hath in it selfe a necessity to declare the Lawe for office is that whiche euery man is bounde to doo to declare the lawe is to exercise iudgementes whereuppon commeth iurisdiction he meaneth that iurisdiction hath the name and is so called of exercisinge iudgementes iudgementes are exercised onely of them that haue iurisdiction that is power to iudge Iurisdiction consisteth onely in the contentions or debatinge of matters in Courte or iudgementes This authoritie to iudge dooth discende nowe from the Prince alone in whome onely is all power By vertue of this iurisdiction saith Antonius the Churche mynisters accordinge to their offices rightly enioyned vnto them may lawfully visit enquire of mens manners punishe the faulty send foorth apparitours or sommoners cyte the sturdy and stubborne represse their malepartnes call and sommon meete personnes to the Synode prouinciall or generall confirme the matters decreed in the Synode or Councell pardon faultes chaunge or mytigate the penaunce enioyned for confessed faultes condemne Heretiques and their writinges examine all mens writinges who so euer before they be set foorth or published and after due examination iudge whether they conteyne sounde or pestilent doctrine ordeine Decrees Lawes caeremonies and rytes constitute Bisshoppes and other Churche mynisters also depose degrade make them irreguler and vnhable to haue holy orders determine illegitimation in personnes for maryage bestowe Ecclesiasticall benefices and exact tythes and annates These and many other thinges may be lawfully doone by those that haue the power of this Cohibytiue Iurisdiction whiche is not saithe he properly signified by the name of the keyes for although it may be named in some respecte a Churche keye yet it differeth very muche from the keyes of the firste Courte that is of the Courte of Conscience For the vse of those keyes that are occupied in the Courte of conscience belongeth onely to the Euangelicall Priestes But this Iurisdiction may lawfully be exercised of those that are not mynisters of the woorde and Sacramentes and are not Priestes As the twoo former partes of Ecclesiastical iurisdiction haue their vertue power and institution of Christe immediatly euen so this third part whiche is saide to consiste in foro causarum with those thinges which may be vsed or exercised by vertue thereof dothe depende vppon the positiue Lawes of Christian Magistrates or where suche wanteth vppon the positiue rules and orders of that Churche where suche orders muste be practised and not immediatly vppon the Lawe of God You tooke vppon you to proue that this seconde kinde of Cohibityue Iurisdiction with the appurtenances thereof as I haue rehersed was appointed by the expresse woorde of God immediatly to Bishoppes and Priestes without further commission of Princes or other power whiche I denied Nowe let vs consider the force of your proufes and sée how they conclude your cause Firste yée say that the woordes of the first parte of the Othe doo by expresse woordes of the Acte geue vnto the Q. highnes all manner of iurisdictions priuileges and preheminences in any wise touchinge and concerninge any Spirituall or Ecclesiasticall iurisdiction within the realme with an expresse debarre and flat deniall made of al spirituall iurisdiction vnto the Bisshoppes thereof to be exercised ouer their flockes and cures without her highnes speciall commission to be graunted thereunto they hauinge by the expresse woorde of God commission of spirituall gouernement ouer them Your euill dealing with the woordes of the Acte and the Othe expresseth an vnkindely meaninge to the Prince and the state for that either the Acts or the Othe debarreth or denieth expressely or couertly y e Bishopes of this realme to exercise ouer their flockes and cures without her highnes speciall commission graunted therto any spirituall iurisdiction assigned to a Bishop by the woorde of God is altogether vntrue The Statute geueth or rather restoreth to the Prince Iurisdiction and authoritie to enquire after what sorte the Ecclesiasticall state and personnes behaue them selues in their cures and chardges to refourme and correct the disorders negligencies and enormities risinge amongest them to the hinderaunce of their office in their cures and chardges and in summe to order and prouide that they doo execute their office accordinge to their callinge in their cures chardges This is not to debarre or denie them the exercise of their office without a speciall licence Neither doo the expresse woordes of the Statute geue to the Prince all manner of iurisdictions in suche absolute wise as you reporte in any wise and any spirituall iurisdiction within the realme For these termes all manner in any wise and any spirituall iurisdiction whiche you enforce so muche are not founde in the gifte or restitucion of spirituall iurisdiction made by the acte vnto the Prince But in that parte where the acte geueth afterwarde
no licence or power to order any c. To this short answeare the Emperour with the Synode replie●h tellinge him they had writen to let him vnderstande of the crimes wherewith he was chardged and that he had sent them suche an answeare as rather became the folie of a childe then the grauitie of a Bishop as for the power of bindinge and losinge they say he once had as Iudas had to whome it was saide Quaecunque ligaueritis super terram c. VVhat so euer yee binde on earth shalbe bounde in Heauen c. But nowe he hath no more power against the Emperour and the Synode then Iudas had when he went about to betray Christe his maister These letters were sente vnto him by twoo Cardinalles who returned not findinge him and therefore the Synode procéedeth to his Deposition They beséech the Emperour to remoue Monstrum illud That Monster and to place some woorthy Bishop in his roome Tunc Imperator placet inquit quod dicitis Your request pleaseth me saith The Emperour The Clergie and the people saith Nauclerus dooth make humble supplication vnto the Emperour to prouide for them a woorthy Bishoppe to whom the Emperour answeareth Choose you your selues one whom hauinge God before your eyes yee maie iudge woorthy and I wil confirme him The Emperour had no sooner spoken this saith Luithpr than they all with one assent named Leo The Emperour gaue his consent Et Ottho Imperator Leonem creat Pontificem And Ottho the Emperour created Leo Pope as Sabellicus Platina saith Here Luithprandus telleth at large how after this creation of Leo y e Emperour dissolued y e Synode what mischiefe y e monstrous Pope Iohn wrought afterwarde For by his fréendes in Rome Pope Leo was driuen away And after this monster was dead the Romaines elected Benedictus in his place requireth the Emperour who was than at Spolet to cōfirme him the Emperour woulde not but compelled them to receiue Leo againe And here the Emperour summoned againe a new● Synode wherein he sat him selfe for the canonicall depoficion of Benedictus not withstandinge this saith Nauclerus Leo being weary of the inconstancy of the Romaines did constitute by their consent in the Synode holdē at Rome that the whole authoritie of chosinge the Bishop shoulde remaine in the Emperour as it is rehersed in the decrees in these woordes Being in the Synode at Rome in the Church of the holy Sauiour like as Adrianus Bisshop of Rome graūted to Charles the great the dignitie of patricians hip the ordering of the Apostolical sea and the inuesturing of Bissops So I also Leo Bisshop of Rome seruaunt of Goddes seruauntes with the consent of all the Cleargy and people of Rome doo cōstitute confirme and corroborate and by our Apostolical authoritie wee doo graunt and geue vnto the Lord Ottho the first King of Dutchmen and to his successours in this kingdome of Italy for euer the autoritie to elect after vs and to ordeine the Bisshop of Rome and so Archbisshops and Bisshops that they receiue of him as they ought the inuesturing and consecratiō excepting those whom the Emperour hath graunted to the Popes and Archbisshops And that noman hereafter of what dignitie or Religiō soeuer haue power to elect one to the dignity of consulles Bloud or to be Bisshop of the Appostolique sea or to make any other Bisshop without the Emperours consent And if any be chosen Bisshop without he be commended and inuested by the Kinge that in no wise he be consecrated vnder paine of excommunication As Sabellicus noteth this for a renowmed matter y e the right of creatinge the Pope was now restored to the Emperial dignitie euen so Nauclerus affirmeth this godly Imperour Ottho to be borne In totius Ecclesiae consolationem for the consolation of the whole Churche When this godly Prince was dead whilest his sonne Ottho 2. was busied in the warres against the Sarazens and after him his Sonne Ottho 3. was yet in noneage the Popes beganne to waxe so euill and the state of Christes Churche to decaie asmuche as euer it did before So daungerous a mater it is to want godly Princes to gouerne Goddes Churche and to ouersée the Mynisters thereof About this time Hugh Capet the French king looked better to his Cleargie in Fraunce and callinge a Councell at Rhemes of all the Prelates of Fraunce deposed Arnucphus whome Charles had made Bishop there and made Gilbert the Philosopher Bishoppe whome afterwardes Ottho 3. made Archebishoppe of Rauenna After Hugh Robert his sonne succeded a Prince very wel learned and a diligent labourer about diuine or Churche matters whiche is the propre parte of a righte kinge saithe Sabellicus When Ottho 3. surnamed for his excellent vertues in that vitious age Mirabilia mundi the maruailes of the worlde herde of the great misorder in Rome for the reformation therof he came into Italy but or euer he entred into Rome Pope Iohn 17. died and there fell no contention saith Nauclerus in the Popes Election bicause the Prince appointed by his commaundement Bruno to be pronounced Pope who was called Gregory 5. So soone as the Emperour departed from Italy the Romaines thrust out Gregory and placed one Placentinus whome thei call Iohn 18. The Emperour hearinge hereof came to Rome hanged vp the Consul and put out Iohns eyes restored Gregory into his sea againe I maruaile that the historians saithe Platina doo reken this Iohn amongest the Popes which vndoubtedly was in his Papacy a theefe and a robber for he entred not in by the doore as of right he shoulde haue doone for he came in by a faction corruptinge with money and large giftes Crescentius the Consull a most couetous wretch and no lesse ambicious Wherby the sharpe iudgement of the Emperour is declared to be but vpright iustice So that Platina makinge Gregory to be the true Pope and to haue entred in by the doore of whome he saith Ottonis 3. authoritate pontifex creatur he is created Pope by the Emperours authoritie declaring the other that came in without y e Emperours consent to be a théefe a robber seemeth to be of this opinion although to flatter the Popes withall he durste not so plainely open his minde y ● without the Pope be creat with the Emperours confirmation authoritie he is but a théefe and a robber Next vnto him saith Nauclerus was Syluester the second placed by the Emperous appointment Who being a Coniurer had solde his soule to the Deuill for this promotion Neuertheles he was saith he so witty so learned and seemed so holy that he not onely deceiued the Emperour that made him Pope but all the worlde besides In which Otho the Emperour remaining at Rome did deliberate after what sort and by what meanes he might reforme not onely the Empire but also handeling Ecclesiasticall matters howe he might reforme the Lawes of the Churche and bring them into the