was Goddes Religion Seruice whiche had been decayed and neglected longe before in the tyme of king Saul For the better perfourmaunce whereof as the supreame gouernour ouer all the estates bothe of the Laytie and of the Clergie in all maner of causes after consultation had with his chief Counsailours he calleth the Priestes and Leuites and commauÌ„deth appointeth and directeth them in al maner of things causes apperteining to their ecclesiasticall functions offices He prepareth a seemely place for the Arke in his own Citie He goeth with great soleÌ„pnitie to fetche the Arke of the lord He commaundeth Sadoc Abiathar the priestes and the chief among the Leuites to sanctifie them selues with their brethren than to cary the Arke vpon their shoulders vnto the place appointed He comptrolleth them that the Arke was not caried before on their shoulders according to the Lawe and therfore layeth to their charge the breach that was made by the death of Vsa He commaundeth also the chief of the Leuites to appointe among their brethren Musicians to playe on dyuers kyndes of instrumentes and to make melodie with ioyfulnes He sacrificeth burnt and peace offringes He blessed the people in the name of the Lorde He appointeth certeine of the Leuites to minister coÌ„tinually before the Arke of the Lord to reherse his great benefites to the honour prayse of the lord God of Israel And for that present tyme he made a Psalme of Gods prayse and appointed Asaph his brethren to prayse God therwith He ordeyned the Priestes Leuites singers and Porters and in som he appointed ordered all th officers offices required to be in the house of the Lord for the setting forth of his seruice Religion Salomon deposed Abiathar the highe Priest and placed Sadoc in his rowme And he builded the Temple placed the Arke in the place appointed for the same Hallowed or dedicated the Temple offred sacrifices blessed the people directed the Priestes Leuites and other churche officers in their functions according to the order before taken by his father Dauid And neither the Priestes nor Leuites â–ª swerued in any thing perteining to their office from that that the king commaunded them Iosephat hath no small commendation in the Scriptures for that he so studiously vsed his princely authoritie in the reformation of Religion and maters apperteining therunto He remoued at the first beginning of his reigne all maner of false Religion and what so euer might be cause of offence to the faithfull He sent forth through his kyngdome Visitours both of his Princes and also of the Priestes Leuites with the booke of the Lawe of the Lorde to the ende they should instruct teache the people refourme all maner abuses in ecclesiastical causes according to that booke After a whyle he made a progresse in his own persone throughout al his countrey and by his preachers reduced and brought againe his people from supersticion false Religion vnto the Lorde the God of their fathers He appointed in euery towne throughout his kingdome as it were Iustices of the peace suche as feared the Lord and abhorred false Religion to decide controuersies in ciuill causes and in like sort he appointed and ordeined the high Priestes with other Priestes Leuites and of the chief rulers among the Israelites to be at Hierusalem to decide and iudge coÌ„trouersies of great weight that shuld arise about matters of Religion and the Lawe He did commaunde and prescribe vnto the chief Priestes and Leuites what foâ—â—me and order they shoulde obserue in the ecclesiasticall causes and controuersies of Religion that were not so difficult and weightie And when any token of Goddes displeasure appeared either by warres orother calamitie he gaue order to his subiectes for coÌ„mon praier and enioyned to them publiquâ— faste with earnest preaching of repentaunce and sekinge after the wyll of the Lorde to obey and folowe the same Ezechias the kyng of Iuda hath this testimony of the holy Ghost that the like gouernour had not been neither should bee after hym amongest the kynges of Iuda For he cleaued vnto the Lorde and swerued not from the preceptes whiche the Lorde gaue by Moses And to expresse that the office rule and gouernement of a godly kyng consisteth and is occupied accordyng to Gods ordinaunce and precept first of all in matters of Religion and causes Ecclesiastical the holy ghost doth commende this kyng for his diligent care in refourming Religion He toke quite away saith the holy ghost al maner of Idolatry superstition and false Religion yea euen in the first yere of his reigne and the first moneth he opened the doores of Goddes house He calleth as it were to a Synode the Priestes and Leuites be maketh vnto them a long and pithy oration declaringe the horrible disorders and abuses that hath been in Religion the causes and what euils folowed to the whole Realme thervpon He declareth his full determination to restore and refourme Religion according to Gods will He commaundeth them therfore that they laiyng aside all errours ignoraunce and negligence do the partes of faithfull ministers The Priestes Leuites assembled togither did sanctifie them selues and did purge the house of the Lorde from al vncleanes of false Religion at the commaundement of the king concerning thinges of the Lorde That done they came vnto the kyng and made to hym an accompt and report what they had done The kyng assembleth the chiefe Rulers of the Citie goeth to the Temple he commaundeth the Priestes and Leuites to make oblation and sacrifice for whole Israel He appointeth the Leuites after their order in the house of the Lorde to their musicall instrumentes and of the Priestes to play on Shalmes according as Dauid had disposed the order by the counsell of the Prophetes He and the Princes commaundeth the Leuites to prayse the Lorde with that Psalme that Dauid made for the lyke purpose He appointed a very solempne keaping and ministring of the Passeouer whervnto he exhorteth all the Israelites and to tourne from their Idolatry and false Religion vnto the Lorde God of Israel He made solempne prayer for the people The kyng with comfortable wordes encouraged the Leuites that were zelous and had a ryght iudgement of the Lord to offre sacrifices of thankes geuing and to prayse the Lorde the God of their fathers and assigned the Priestes and Leuites to mynister and geue thankes accordyng to their offices in their courses and tournes And for the better continuance of Gods true Religion he caused a sufficient and liberall prouision to bee made from the people for the Priestes and Leuites that they myght wholly cheerfully and constantly serue the Lorde in their vocations These doynges of the kyng Ezechias touchynge matters of Religion and the reformation thereof sayth the holy ghost was his acceptable seruice of the Lorde dutifull both to God and his people Iosias had the like care for Religion
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.
not vse this Forinsecall or courtly without the Princes commission M. Fekenham VVhereunto I do adioyne this obiection follovving First for the time of the olde lavve vvhiche as Paule saide vvas a very figure of the nevve Moses Aaron Eleazarus being Priestes they had by the expresse vvoorde of God this iurisdiction ouer the people of God as to sit in iudgement vppon them and that not onely in Ecclesiasticall but also in ▪ Politike and ciuill matters and causes they did visit them they did refourme them they did order correct and punish them so oft as cause required and vvithout all commission of any cyuill Magistrate gouernour King or Prince Besides that for the vvhole time of the old Lavve there vvas an expresse lavve made vvhereby all Cyuill magistrates and iudges vvere cōmaunded in all doubtfull matters to repayre to the Bishoppes and Priestes and to stay vppon their determinacions and iudgementes vvithout declinyng on the right hande or the left And if that any man should disobeye the determinacion once geuen of the Priest morietur homo ille like as appeareth Deut. 17. The B. of Wynchester This adiunct will not serue your turne for it is not possible to stretche it without burstinge to ioyne with that you must cōclude You beginne to ioyne your woorke togeather with a saying of S. Paule which he neuer said you should haue noted the place where S. Paule saithe that the olde Lawe was a very figure of the newe There is no suche saying S. Paule saith to the Hebrewes that the Lawe hath the shadowe of good thinges to come c. where he speaketh not generally of the whole Lawe but of the ceremoniall parte and sacrifices whiche were shadowes of Christe and his sacrifice and not of the Bishoppes Iurisdiction after Christ vnder the Law of the Ghospell Thus aptly also doo your allegations out of the olde Testament serue your purpose for one of the thrée to wit 29. of Exod. hath no woorde of this Iurisdiction onely it sheweth the manner of consecratinge the Priest and the ceremonies thereabout In the. 24. of Exod. it is saide that when Moses wente vp into the Mount he saide vnto the Elders Tary vs here vntill wee retourne vnto you Beholde Aaron and Hur are here with you if any man haue ought to doo let him come to them that is if any matter of controuersie arise in mine absence let Aaron Hur haue the hearinge and decidinge of it as I shoulde haue if I were present By this place Aaron had no authority geuen vnto him but for a time in the absence of Moses by commission from Moses the chiefe ruler and gouernour of Goddes people and that not alone but hauinge Hur one of the Elders an auncient and a wise man ioyned in commission with him This allegation maketh directly against your conclusion for it sheweth y t Aaron had this authority but by commission from Moses the Prince of the people In the thirde place Num. 27. where God shewed vnto Moses that Iosue shoulde gouerne the people after him it is saide that Iosue shoulde stande before Eleazar the Priest who shall aske Councell for him by the iudgement of Vrim before the Lord and at his woorde they shal goe out and in both he and the people of Israell that is whan Iosue standeth in doubte what to doo for the better gouernement of the people either in the time of peace or warre he shall vnderstande Goddes will therein by the high Priest to whome the Lorde will miraculously declare his will and pleasure by the light or shininge of the Vrim and Thumin and accordinge to Gods will shewed in the Vrim to the high Priest and by him to Iosue he muste direct and order his gooyng in and out Ergo say you The Bishoppes and Priestes now in the time of the Ghospell haue Iurisdiction by the expresse woorde of God to kéepe Courtes to cal Councels to make Lawes forinsecally to visit refourme order correct their flockes cures The most simple can iudge of this sequele After like sorte it is writen Deut. 17. That whan harde and doubtfull cases come before the iudges or inferiour Magistrates whiche cannot easely be tried or founde out by them than the inferiour Magistrates shall goo to the high Priest and to the chiefe iudge at Hierusalem for the time beinge who shall shewe what is to be doone whose sentence iudgement must not be disobeyed vnder the paine of death Doo you not aptly conclude thinke you that the Bishops in the time of the Ghospell ought to haue this Courtly iurisdiction bicause the high Priest and the Temporall iudge did determine doubtfull cases in y e time of the olde Testament for the Priest alone did not determine all causes as you séeme to alledge the texte M. Fekenham Seconde in the Nevve Testament like as our Sauiour Christe did committe and leaue the vvhole Spirituall gouernmente of his people and Churche vnto his Apostles and to the Bishoppes and Priestes and the successours of them So they did practise all Spirituall gouernement ouer them they did execute and geue iudgement in the Churche of Christe they did refourme order and correcte all disorder therein and that vvithout all commission ayde or authority of any Temporall Magistrate Kinge or Prince for the space of three hundreth yeeres in the prymatiue Churche of Christe vnto the time of Constantine he beynge the firste Christian Kinge and Emperour vvhiche did ioyne his svvoorde to the mayntenaunce of Goddes vvoorde The B. of Wynchester Like as the Apostles had in commission power from Christe our Sauiour to whom al power was geuen both in heauen and in earth so faithfully they executed the authoritie and charge cōmitted vnto them not seeking their owne honour by vsurpation but the glory of Christ by the abasing them seles euen vnto the death Their commission regestred by S. Mathew appeareth in these wordes Go and teache al the nations baptizing them in the name of the Father and of the sonne and of the holy ghost teaching thē to kepe all thinges whiche I haue commaunded you Howe faithfully they exercised this authoritie according to the commissiō S Luke sheweth in his Chronicle called the Actes of the Apostles and setteth foorth one notable example hereof in Paules oration made to the Elders of Ephesus called to Miletum He taketh them to witnesse that he kept nothinge back from them that might be for their profit but shewed them all the councell of God It is much maruaill that Paul shewed al Gods councel vnto them yet made no mention of any Forinsecall iurisdiction as geuen them by the commission of Gods worde The godly Bishops that succeded the Apostles for many yeres after followed the doctrine and examples of the Apostles yet neuer exercising iurisdiction Forinsecal neither iudging reforming ordering or correctinge otherwise than by preaching publikely or priuately without especiall consent and commission of their Churches during the time thei
as it were almost weried forhayed with the great persecutions of Goddes enemies and maruelously shaken with the controuersies and contentions amongest them selues euen as a nource Father in his owne bosome he procured that they should be fedde with the swéete milke of Goddes woorde Yea he him selfe with his publique proclamations did exhorte and allure his subiectes to the Christian Faith As Gusebius doth reporte in many places writinge the life of Constantine He caused the Idolatrous religion to be suppressed and vtterly banisshed and the true knowledge and Religion of Christe to be brought in and planted amonge his people He made many holsome lawes and godly constitutions wherewith be restrained the people with threates forbiddinge them the Sacrificinge to Idolles to seeke after the Deuelish and superstitious sothsaiynges to set vp Images that they should not make any priuie Sacrifices and to be briefe he refourmed all manner of abuses about Gods seruice and prouided that the Churche shoulde be fedde with Goddes woorde Yea his diligent care in furtheringe and settinge foorth the true knowledge of Christe wherewith he fedde the people was so watcheful that Eusebius doth affirme him to be appointed of God as it were the common or Vneuersall Bisshop And so Constantine tooke him selfe to be and therefore saide to the Bishoppes assembled together with him at a feast that God had appointed him to be a Bissoppe But of this moste honorable Bishop nourshinge father more shalbe saide hereafter as of other also suche like Our sauiour Christ meante not to forbidde or destroy touchinge the rule seruice and chardge of Princes in Churche causes that whiche was figured in the Lawe or prophecied by the Prophetes For he came to fulfill or accomplis he the Lawe and the Prophetes by remoouinge the shadowe and Figure and establishing the Body and Substance to be séene to appeare cléerely without any miste or darke couer yea as the power and authoritie of Princes was appointed in the Lawe and Prophetes as it is prooued to stretche it selfe not onely to ciuill causes but also to the ouer sight maintenaunce settinge foorth and furtherance of Religion and matters Ecclesiasticall Euen so Christe our Sauiour confirmed this their authoritie commaunding all men to attribute and geue vnto Caesar that which belongeth to him admonishinge notwithstandinge all Princes people that Caesars authoritie is not infinite or without limites for suche authoritie belongeth onely to the Kinge of all Kinges but bounded and circumscribed within the boundes assigned in Goddes woorde and so will I my woordes to be vnderstanded when so euer I speake of the power of Princes And this to be Christes order and meaninge that the Kinges of the nations should be the supreme gouernours ouer their people not onely in Temporall but also in Spirituall or Ecclesiasticall causes the blessed Apostles Peter and Paule doo plainely declare The supremacy of Princes they set foorth when they coÌ„maunde euery soule that is euery man whether he be as Chrysostome saith an Apostle Euangelist Prophete Priest Monke or of what so euer callinge he be to be subiect obey the higher powers as Kinges and their Lieutenauntes or gouernours vnder them And thei declare that this supreme gouernment is occupied and exercised in or about the praysinge furthering and aduauncinge of vertue or vertuous actions and contrary wise in correctinge stayinge and repressinge all manner of vice or vicious actions which are the propre obiect or mattier hereof Thus doth Basilius take the meaninge of the Apostles sayinge This seemeth to me to be the office of a Prince to ayde vertue and to impugne vice Neither S. Paule neither the best learned amongest the auncient Fathers did restreine this power of Princes onely to vertues and vices bidden or forbidden in the seconde table of Goddes commaundementes wherein are conteined the dueties one man oweth to an other But also did plainely declare them selues to meane that the authoritie of Princes ought to stretche it selfe to the maintenaunce praise and furtherance of the vertues of the first Table and the suppression of the contrary wherein onely consisteth the true Religion and spirituall Seruice that is due from man to God S. Paule in his epistle to Timothe teacheth the Ephesians that Kinges and rulers are constituted of God for these twoo purposes that their people may liue a peaceable life thorough their gouernment and ministery both in godlines which is as S. Augustine interpreteth it the true and chiefe or propre worship of God and also in honesty or séemelines in whiche twoo woordes godlines and honestie he conteined what so euer is commaunded either in the firste or seconde Table S. Augustine also sheweth this to be his minde when describing the true vertues which shall cause princes to be blessed nowe in Hope and afterwarde in déede addeth this as one especiall condicion required by reason of their chardge and callinge If that saithe he they make theyr power whiche they haue a seruaunt vnto Goddes Maiestie to enlardge moste wide his woorship Seruice or Religion To this purpose also serue all those testimonies which I haue cited before out of S. Augustine against the Donatistes who in his booke De. 12. abusionum gradibus teacheth that a Prince or ruler must labour to be had in awe of his subiectes for his seueritie against the transgressours of Gods Lawe Not meaninge onely the transgressours of the seconde table in Temporal matters But also against the offendours of the first table in Spirituall or Ecclesiasticall causes or matters Whiche his meaning he declareth playnely in an other place where he auoucheth the saying of S. Paule The Prince beareth not the Sworde in vaine to proue therewith against Petilian the Donatiste that the power or authoritie of Prynces whiche the Apostle speaketh of in that senteÌ„ce is gyuen vnto them to make sharp Lawes to further true Religion and so suppresse Heresies and Schismes and therfore in the same place he calleth the catholique Churche that hath suche Princes to gouerne to this effecte A Churche made strong whole or fasâ—ened together with catholique Princes meanyng that the church is weake rent and parted in sonder where catholique Gouernours are not to maynteine the vnitie thereof in Churche matters by their authoritie and power Gaudentius the Donatist founde him selfe agreeued that Emperours should entremedle and vse their power in matters of Religion affirmyng that this was to restreyne men of that freedome that God had set men in That this was a great iniury to God if he meaning his Religion should be defended by men And that this was nothing els but to esteeme God to be one that is not able to reuenge the iniuries doon against him selfe S. Augustine doth answere and refute his obiections with the authoritie of S. Paules saiyng to the Romaynes Let euery soule be subiect to the higher powers c. For he is Goddes mynister to take vengeance on him
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 sundâ—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 ConstaÌ„tine like a faithfull and good mynister did thoroughly set forth this and he did confesse himselfe manifestly to be the seruauÌ„t 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 â–ª 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
ElectioÌ„s reseruations expectatiues Annates vnfit pastours pardons tythes the spiritual courtes c. beseching him to haue some redresse herein Who being moued with the admonitions aduisementes and exhortatioÌ„s of the learned Clergy the godly Princes at the length called a councel at Triers Colayn for the redresse of these and other enormities in the yere of the Lorde 1512. whiche was the fourth yere of the reigne of the moste renoumed kinge of England king Henry the eight In this councel amongest other thinges bicause there was a suspicion of a Schisme breedinge and of greuaunces in the Church it was necessarily decreed that the Emperour and Princes electours with other Princes and states of Thempire should loke about them and wel consult by what meanes these greeues might be taken away most commodiously and the Schisme remoued and euill thinges reformed to edification It was decreed also against blasphemours to paie either a somme of money limited or to suffer death And that all men should know this decree it was thought good to the Princes and states of the Empire that al preachers and persones should at all high feastes preache vnto the people thereof faithfully This being doon Maximilian set forth a decrée for y e takinge away of the forsaid Ecclesiastical greuaunces wherein he declareth that though of clemency he haue suffered the Pope the Clergy herein as did his father Frederik Yet not withstanding sith that by his liberalitie the worshippe and seruice of God hath fallen to decaie it apperteineth vnto his dutie whome God hath chosen vnto the Emperial throne of Rome that amongest all other moste great businesses of peace and warres that he also looke about him vigilantly that the Churche perishe not that Religion decaie not that the worship of the seruice of God be not diminished c. In consideration wherof he prouideth that a man hauing in any citie a Canonship or Vicarship enioy not any prehende of an other Churche in the same citie c. making other decrées against suing in the Ecclesiasticall courtes for benefices for defence of Lay mens patronages for pensions against bulles and cloked Symony c. After this the Emperour Lewes the French king concluded together to call a general couÌ„cel at Pise to the whiche also agreed a great part of the Popes Cardinals Many saith Sabellicus began to abhorre the Popes Courtes saying that all thinges were there defiled with filthy lucre with monstruous and wicked lustes with poysoninges Sacrileges murders and Symoniacall fayers and that Pope Iulius him selfe was a Symoniake a dronkarde a beaste a worldling and vnworthely occupied the place to the distruction of Christendome and that there was no remedy but a generall Councell to be called to helpe these mischiefes to the whiche his Cardinalles accordinge to his othe desired him but they coulde not obteyne it of hym Maximilian the Emperour being the authour of it with Lewes the Frenche king bicause the histories doo beare recorde that in times past the Emperours of Rome had wont to appointe councels they appointe a councell to be holden at Pyse Maximilian the Emperour Lewes the French king and other Princes beyonde the seas were not more carefully bent and moued by their learned men to refourme by their authoritie the abuses about Church matters thaÌ„ was king Henry the eight at the same time king of Englande of most famous memory who following the huÌ„ble suites and petitions of his learned Clergy agreynge thereupon by vniforme confent in their conuocation toke vpon him that authoritie and gouernement in all maner matters or causes Ecclesiasticall which they assured him to belonge vnto his estate both by the worde of God and by the auncient Lawes of the Churche and therfore promised vnto him in verbo sacerdotii by their priesthood not to do any thing in their councelles wiehout his assent c. And this Clergie was not onely of Diuines but also of the wysest moste expert and best learned in the Ciuil and Canon Lawes that was than or hath been sence as D. Tonstal Bishop of Duresme D. Stokesley B. of LondoÌ„ D. Gardiner Bishop of Wynton D. Thirleby Bishop of Westminster and after of Norwiche your olde maister D. Bonner who succeded Stokesley in the sea of LondoÌ„ and many others by whose aduise consent there was at that time also a learnâ—d booke made published De vera differentia Regiae potestatis Ecclesiasticae whiche I doubt not but yée haue séen longe sythen Neither was this a newe deuise of theirs to please the king with al or their opinion onely but it was and is the iudgement of the moste learned Cyuilians and Canonystes that when the Cleargie are faultie or negligent it apperteyneth to the Emperour to call generall councelles for the reformation of the Churche causes as Philippus Decius a famous Lawyer affirmeth And the Glossator vppon this Canon Principes affirmeth that the Princes haue iurisdiction in diuers sortes within the Churche ouer the Cleargie when they be stubbourne ambitious subuerters of the faith falsaries makers of Schismes contemners of excommunication yea also wherein so euer the Ecclesiasticall power faileth or is to weake as in this Decree He meaneth where the power of the Churche by the woorde of doctrine preuaileth not therein must the Princes authoritie and iurisdiction take order for that is the plaine prouiso in the decrée The woordes of the decree are as followe The seculer Princes haue oftentimes within the Churche the highest authoritie that they may fence by that power the Ecclesiasticall discipline But within the Churche the powers of Princes shoulde not be necessary sauinge that that thinge whiche the Priestes are not able to dooe by the woorde of doctrine the power of the Prince may commaunde or obtaine that by the terrour of discipline The heauenly kingedome dooth oftentimes preuaile or goo forwarde by the earthly kingedome that those whiche beinge within the Churche doo against the faith and discipline may be brought vnder by the rigour of Princes and that the power of the Princes may lay vppon the neckes of the proude that same discipline whiche the profite of the Churche is not hable to exercise and that he bestowe the force of his authoritie whereby to deserue woorship Let the Princes of the worlde well knowe that they of duety shall rendre an accompte to God for the Churche whiche they haue taken of Christe to preserue For whether the peace and discipline of the Churche be encreased by faithfull Princes or it be loosed He doth exact of them an accompt who hath deliuered his Churche to be committed to their power To this effect also writeth Petrus Ferrariensis a notable learned man in y e Lawes saying Thou ignorant man thou oughtest to know that the Empire the Emperour ones in times past had bothe the swoordes to witte bothe the Temporall and Spirituall in so much that the Emperours then bestowed all the Ecclesiasticall
4 cap. 5. 6. 7. Princes by Synodes do ordeine and condemne Byshops Theod. li. 5 cap. 20. Li. 5. c. 23. 24 Sozom. li. 7 cap. 6. 7. 8. Socr. lib. 5. cap. 10. Lib. 5. ca. 27 Luthprand Dist 79. â— â–ª duo Gratian. dist 63. Socr. lib. 7. cap. 29. Liberat. cap. 4. Nicep li. 14 cap. 34. 35. Liberat. cap. 6. Liberat. cap. 8. Liberat. cap. 11. Niceph. li. 14. cap. 47. Liberat. cap. 12. Nicep li. 15 cap. 1. 2. Leo. ep 44. Act. 7. In Epist praeamb Act. 1. Act. 2. Act. 3. 630. bishops confesse the Princes supremacie in Ecclesiasticall causes Act. 4. Act. 5. Act. 6. Act. 11. Cap. 14. Libe ca. 15. Cap. 16. Lib. ca. 18. The princes supremacie in al causes Act. 1. Cap. 19. Platina Sabell A princes charge A bishops iurisdictioÌ„ Platina Mar. Poeni The Pope is the kinges Ambassadour The Popes huÌ„ble sute to the Emperour for the Arian heretiques Valateranâ— Sabell Sabell Cap. 20. Cap. 23. Ibid. Cap. 24. Sabellicus Euag. li. 4. Cap. 38. Niceph. li. 17. Cap. 27. The Emperour commaundeth the Pope to come to the Synode The prince the highest potentate next to god in al causes God reserueth to the prince the fulnes of direction in Ecclesi causes Nothinge may be don in Churche matters without the princes authorite Cod. lib. 1. tit 17. Nouell const 3. The Emperours Ecclesiasticall lawes Const 5. Const 6. Const 57. Const 58. Const 133. The Prince hath supreme gouernment ouer al persones in all maÌ„ner causes August Epist 48. Bracha 1. 2. Brach. 3. Tol. 3. The duetifull care of a Prince aboute Religion A princes special care for his subiectes Li. Epist 7. Epist 126. the Pope at that time commended the Princes gouernmeÌ„t in causes Ecclesiast The prince calleth couÌ„cels and gouerneth Ecclesiasticall causes with out any doinge of the Pope therin Sabell Plat. Paul Diac. Volater Naucler Martinus Sabel Tol. 4. Tol. 5. Tol. 6. Tol. 7. Tol. 8. Tol. 9. Tol. 10. Dist 631. cap. 21. Pontificall Dist 63. Const 6. The Bisshop of Rome at the Emperours commaundemeÌ„t in Eccl. matters Act. 1. Act. 2. Act. 3. Act. 4. The prince is Christes Vicâ—r in earth in causes Ecclesiasticall by the Popes confession Act. 5. Act. 7. Act. 11. Act. 12. Act. 13. Wherein coÌ„sisteth the office of bishoppes The princes most acceptable seruice to god Esa 49. Psalm 98. The Pope accursed for Heresie by the senteÌ„ce of the Emperour the Synode and the Bishop of Rome Tol. 11 Tol. 12. Tol. 13. Zonoras Tom. 3. Synod Francica Nauclerus Dist 63. Can. 6. Can. 25. Can. 45. The Prince is the gouernour of the Church appointed of God in Ecclesiasticall causes Sabell Sabell Platina Sabell Ioan. AueÌ„tinus 1. Paral. 16. Alcuinus The prince hath a priestlie power to set forth gods word Dist 63. Dist 63. Platina Sabel Naucleruâ— Dist 65. Sabell Platina Apoc. 9. Sabellicus Platina Naucler LuithpraÌ„d Platina Dist 63. Nauclerus Abb. Vrsp Platina Nauclerus Sabellicus â–ª Sabell Platina Abb. Vrsp Sabellicus Platina â–ª Sabel Nauclerus Auentinus Nauclerus Nauclerus Otto Frisingen Nauclerus Nauclerus Vrspurg Nauclerus Sabellicus Vrspurg Platina Nauclerus â–ª Platina â–ª Vrspurg In Prouer. Sileni Alcibiadiâ— Otto Frisingensis Of the dooinges of the kinges of this Realme in Eccl. maters before the CoÌ„quest loke in the boke De potestate Regia set out by the Prelates 26. Hen. 8. * Polychron Polic. Fab. Polyc. Fabyan Polychr Fab. Polychr Fabyan Polychr Eabyan Math. Par. Fabyan Fabyan SimeoÌ„ Dunelmensis Hen. Huntingtonus Roge. Houedenus Mat. Paris Mat. vvestmonast Polydorus Polyd. Naucler Abb. Vrsp Mat. Paris Polych Mat. Paris Fabyan Fabyan Nauclerus Polych Fabyan Fabyan Antoninê° AueÌ„tinus Nouell coÌ„st Polyd. Fabyan â–ª Mat. Paris â–ª Antoninê° â–ª AppeÌ„d Math Paris Fabyan AppeÌ„d Math Paris Nauclerus Platina Polych Eabyan Polyd. Paul Aem. Anton. Naucler Blond Aemylius Nauclerus Platina Nauclerus Antoninê° Sabell Nauclerus Sabellicus Aemyl Append. Vrspurg Antoninê° Nauclerus Antoninê° Aemyl Paral. Vrsp Nauclerus Antoninuâ— Marius Paral. Vrsp Nauclerus Nauclerus Paral. Vrsp Nauclerus Aemylius Pet. BertraÌ„ Aemylius Paral. Vrsp Fabyan Caxton Polyd. Nauclerus Nauclerus Paral. Vrsp Naucler Polyd. De schis li. 3. cap. 73 Pius Pap. 2. Platina Sabel Platina Volater Orth. Grat. Nauclerus Nauclerus Nauclerus Orth. Grat. Orth. Gra. Paral. Vrsp Epist 54. ad CaÌ„cel Imp. Li. 3. ca. 13. Paral. Vrsp Orth. Grâ— Cons 1â—1 23. q. 5. * Ther is diuers reedinges Imperet or Impetret The Princes shal geue an accoÌ„pt to God for the Church and the discipline thereof In form libell quo agitur ex subst in verbo ex suo corpore In form respoÌ„s con ad verb. taÌ„qÌ„ publ ex com n. 10. In repetit lect de Christ Ciuitatis Aristocraâ—ia â—â— q. â— The king is to be obeied in Ecclesiastical causes and not the Pope L. Quicunque De Epis Cler. The Pope an heretike compelled to recaÌ„te before the Frenche kinge BraughtoÌ„ lib. 1. cap. de Papa Archiepiscopis alijs praelatis The secoÌ„de pointe ConstaÌ„tine the firste Emperour that did ioigne his svvoorde to the maintenance of God his vvoorde Act. 20. Nicep li. 2. Li. 1. ca. 13. Li. 6. ca. 34. Lib. 1. De vit Const Lib. 2. Epist 50. Psalm 2. Psalm 71. Hebr. 7. Cap. 4. Act. 24. Ioan. 21. Math. 24. Ioan. 20. Math. 28. Heb. 13 â–ª 1. Cor. 14. Gene 3. The thirde pointe 1. Thess 5. Clemens in compeÌ„d defide The diffinâtion of the catholique Churche The fourth pointe Iob. 8. Act. 20. Ioan. 20. Math. 16. Act. 8. Heb. 13. Ezech. Ioan. Antonius Delph lib. 2. Act. 8. Exod. 24. Exod. 29. Num. 27. Hebr. 10. Lyra. Act. 20. Lib. 1. Hist Trip. ca. 9. Nicep li. 7 cap. 46. Dist 86. Act. 15. Act. 8. Act. 15. 1. Cor. 11. 1. Cor. 13. Mar. Soci Mar. Soci Li. 50. Tit. 4. De muner honor Act. â— Li 10. Hist Eccl. ca. 2. Lib. 7. Hist-Trip ca. 12. Theod. lib. hist 5. Eccl. cap. 18. Nicep li. 8. cap. 14. Soz. lib. 1. cap. 17. Li. 2. to 2. her 68. Lib. 1. ca. 1. Lib. 1. ca. 2. Lib. 8. ca. 16 Euseb li. 3. De vit Con. Soz. li. 1 c. 4 Lib. 6. ca. 7. Lib. 4. ca. 2. Lib. 11. ca. 3. Theod. li. 5 â–ª cap. 1â— Cal. Inst â–ª cap. â— â–ª Cal. in 7. cap. Amos proph A thanas in Epist ad solitar vit agentes Ad Valent. Epist 32. 〈…〉 Lib. 2. ca. 15. Hier. 1. Greg. Nazian de Hier. dict oratione 18 ad subditos timore per culsos ImperatoreÌ„ irascentem Ezech. 34. Chrysost hom 5. de verb. Esa Ign. Epist 7. ad Smyrnens Ioan. 10. Lib. 3. Lib. 5.
shewe muche that the Princes had no small entermedlinge and authority in Synodes Church matters This Synode was summoned to be kepte in Rome by the commaundement of the moste honorable Kinge Theodoriche He declareth that many and gréeuous complaintes were brought vnto him againste Symachus Bishoppe of Rome Symachus commeth into the Synode to answeare for him selfe geueth thankes to the Kinge for callinge the Synode requireth that he may be restored to suche thinges as he had loste by the suggestion of his enemies and to his former state and then to come to the cause and to answeare the accusers The more parte in the Synode thought this his demaunde reasonable Decernere tamen aliquid Synodus sine regia notitia non praesumpsit Yeat the Synode praesumed not to decreâ— any thinge without the Kinges knowledge Neyther came it to passe as they wished for the Kinge commaunded Symachus the Bishoppe of Rome to answeare his aduersaries before he shoulde resume any thinge And so the kinge committed the whole debatinge and iudginge of the matter to the Synode whiche concludeth the sentence with these woordes VVherefore accordinge to the Kinges will or commaundement who hath committed this cause to vs wee refourme or restore vnto him to Symachus what right so euer he ought to haue within the Citie of Rome or without As it is and shalbe most manifestly prooued and testified by the oecumenicall or general councelles wherin the order of the ecclesiastical gouernment in Christs Church hath béene most faithfully declared and shewed from time to time as you your selfe affirme that suche like gouernement as the Quéenes Maiestie doth claime and take vppon her in Ecclesiasticall causes was practised continually by the Emperours and approued praysed and highly commended by thousandes of the beste Bishoppes most godly Fathers that hath béene in Christes Church from time to time euen so shall I prooue by your owne booke of generall councelles mangled maymed and set foorth by papishe Donatistes them selues and other suche like Churche writers that this kinde and suche like gouernment as the Quéenes Maiestie doth vse in Churche causes was by continuall practise not in some one onely Churche or parte of Christendome whereof you craue proufe as though not possible to be shewed but in the notablest Kingdomes of al Christendome as Fraunce and Spaine put in vre whereby your wilfull and malicious ignorance shalbe made so plaine that it shalbe palpable to them whose eyes you haue so bleared that they cannot sée the trueth Clodoueus about this time the firste Christian kinge of Fraunce baptized by Remigius and taught the Christian faith perceyuinge that thorough the troublesome times of warres the Churche discipline had béene neglected and muche corruption crepte in doth for reformacion hereof call a nationall councell or Synode at Aurelia and commaundeth the Bishoppes to assemble there together to consult of suche necessary matters as were fitte and as he deliuered vnto them to consulte of The Bishoppes doo accordinge as the Kinge coÌ„maundeth they assemble they commende the kinges zeale and great care for the catholique faith and Religion they conclude accordinge to the Kinges minde and doth referre their decrées to the iudgement of the Kinge whome they confesse to haue the superioritie to be approoued by his assent Clodoueus also called a Synode named Concilium CabiloneuÌ„ and commaunded the Bishoppes to consider if any thing were amisse in the discipline of the Churche and to consulte for the reformation therof and this saith the Bishoppes he did of zeale to Religion and true faith Other fower Synodes were summoned afterwarde in the same Citie at sondry times by the commaundemeÌ„t of the king named Childebert moued of the loue care he had for the holy fayth and furtheraunce of Christian Religion to the same effect and purpose that the first was sommoned for This kyng Childebert caused a Synode of Bishoppes to assemble at Parys and commaunded them to take order for the reformation of that Churche and also to declare whom they thought to be a prouident Pastor to take the care ouer the Lordes flocke the Bishop Saphoracus beinge deposed for his iust demerites Theodobertus king of Fraunce calleth a Synode at Aruerna in Fraunce for the restoring and establyshing the Churche discipline Gunthranus the king calleth a Synode named Matisconens 2. to refourme the Eclesiasticall discipline and to confirme certeine orders and ceremonies in the Churche whiche he declareth plainely in the Edict that he setteth foorth for that purpose Wherein he declareth his vigilant and studious carefulnes to haue his people trained brought vp vnder the feare of God in true Religion and godly discipline for otherwise saith this Christian king I to whom God hath committed this charge shall not escape his vengeaunce He sheweth the Bishops that their office is to teach comfort exhort to reproue rebuke and correct by preaching the worde of God He commauÌ„deth the elders of the Churche and also others of authoritie in the common weale to iudge and punishe that thei asiste the Bishoppes and sharpely punishe by bodely punishement such as will not amende by the rebuke and correction of the worde and churche discipline And concludeth that he hath caused the Decrees in the councell touching discipline and certeine ceremonies to be defined the whiche be doth publishe and confirme by the authoritie of this edict After the death of Anastasius the Emperour Iustinus reigned alone a right catholique Prince who immediatly sent messengers vnto the Bishop of Rome who should both confirme the authoritie of the sea and also shoulde prouide peace for all Churches so muche as might be with whiche doinges of the Emperour Hormisda the Bishop of Rome being moued sent vnto the Emperour with consent of Theodoriche Legates Martinus Pâ—â—nitentiarâ—us telleth the cause of this legacy was to entreate the Emperour to restore those Bishoppes which the wicked Anastasius had deposed This godly Emperour Iustinus saieth Martyn did make a Lawe that the Churches of the Heretiques shuld be consecrated to the catholique Religion but this Decree was made in Iohn the next Popes daies The whiche edict when the kyng Theoderiche being an Arian saieth the same Martyn and kinge of Italy herde he sent Pope Iohn saith Sabellicus with others in embassage vnto the Emperour to purchase libertie for the Arians Iustinus receyued these Embassadours honourably saith Platina and the Emperour at the lengthe ouercome with the humble suite of the Pope whiche was sauced with teares graunted to him and his associates that the Arians shoulde bee restored and suffered to lyue after their orders In this history this is not vnworthy the noting that the Pope did not onely shewe his obedience and subiectioÌ„ to the godly Emperour but also that the secular Princes ordeyned Lawes Ecclesiastical with the which the Pope could not dispence For all this busynes arose about the decree whiche the Emperour had made in an Ecclesiasticall cause or matter If the Popes
without the authoritie of the Emperours as in all the former generall councels And so at the ende the whole councell put vp a supplication to the Emperour for the ratifiyng of all their doynges The which when the Emperour had heard openly recited and redde vnto them they forthwith alowed signed and sealed Gregorius 3. sent into Fraunce for succour to Charles Martell yelding surrendring vp vnto him that whiche the Pope had so longe sought by all subtile and mischieuous meanes to spoile the Emperour the Princes of This same Gregory the third saith Martinus Poenitentiarius VVhan Rome was besieged by the king of Lombardy sent by Shippe vnto Charles Martell Pipines father the keyes of saint Peters confession beseching him to deliuer the Churche of Rome from the Lombardes By the keies of S. Peters confession he meaneth all the preheminence dignitie and iurisdiction that the Popes claime to them selues more and besides that whiche all other Churche ministers haue ouer and aboue all maner persons Ecclesiasticall or Temporall as geuen of Christe onely to S. Peter for his confession and so from him to the Popes of Rome by lineal successioÌ„ Seing that this Pope who was passingly well learned both in diuine and prophane learning and no lesse godly stoute and constant if you wil beleue Platina yeldeth and committeth all this iurisdiction and clayme that he hath ouer all persones Ecclesiasticall and Temporall so well in thinges or causes Ecclesiasticall as Temporall vnto Charles Martel a Lay Prince great maister of FrauÌ„ce it appeareth that Princes may Lawfully haue the rule gouernement and charge in Churche matters The heires and successours of this Charles Martell did keepe these keyes from rusting They exercised the same iurisdiction gouernement in Ecclesiastical causes y t the Emperours and kinges had doon from the time of Constantine the great vntill their time which was almost 400. yeres For Carolomanus sonne to kyng Pepin and nephew to Charles Martell no lesse Princelike than Christianly exercised this his Supreme authoritie in Ecclesiasticall causes and made notable reformation of the Ecclesiasticall state He sommoned a councell of his Clergie bothe Bishoppes and Priestes 742. yere from the incarnation of Christe wherein also he him selfe sate with many of his nobles and counsailours He sheweth the cause why he called this Synode That they should geue aduise saith he howe the Lawe of God and the Churche religion meaning the order and discipline may be restored againe whiche in the time of my praedecessours being broken in sonder fell cleane away Also by what meanes the Christian people may attaine to the saluation of their soules and peris he not being deceiued by false priestes He declareth what ordinaunces and decrees were made by his authoritie in that Synode VVe did ordeine Bisshoppes through the Cities saith he by the councell of the Priestes and my nobles and did constitute Bonifacius to be the Archebissop ouer them VVe haue also decreed a Synode to be called together euery yere that the decrees of the Canons and the Lawes of the Churche may be repaired in our presence and the Christian Religion amended c. That the money whereof the Churches haue been defrauded be restored VVe haue degraded the false Priestes Deacons and Clerkes being adulterers and fornicatours and haue driuen them to penaunce We haue vtterly forbidden all maner hunting and haukinge to the Clergie We decree also that euery priest dwelling in y e diocesse be subiect vnto his own bishop that always in Lent he make an accompt shew to the bishop the maner order of his ministery touching baptisme the catholique faith praiers the order of Masses And whaÌ„soeuer the Bishop shal go his circuite to confirme the people the priest shalve ready to receiue him with a collection helpe of the people That y e priest seke for new chrysme always on Maundy thursday at the Bishops hand that y e Bishop may be a witnes of his chast life of his faith and doctrine We decree further that no vnknowen Bishop or Priest be admitted into the church ministery before he be allowed by the Synode He maketh many suche like for the reformation of y â— Clergy in what sort they shalbe punished if thei coÌ„mit whordome likewise against sorcery wytchcraft diuinacions incantations all kinde of prophane superstitioÌ„s If there were no more exaÌ„ples of any church history but this of Caroloman it woulde suffice to make playne that to the Princes authoritie apperteineth to make Lawes and to the Clergy to geue him counsaile out of Gods worde howe to frame the discipline to the edifiyng of Goddes Churche About this time was one Bonifacius not Pope but as they call him the great Apostle of the Germaines the like for all the worlde to our Apostle here in Englande Augustinus Anglorum Apostolus Either of them might be called the Popes Apostles whose great champions they were And euen suche Ecclesiasticall matters as our Apostle treateth of hath this Apostle in his Epistles to the Pope as this He asketh his holines when fatte bakon should be eaten The Pope aunswereth when it is well smoke dried or resty and then sodden Likewise he asketh whether we shall eate Dawes Crowes Hares and wilde Horses The Pope biddeth him to beware of them in any wise Also he asketh him howe if Horses haue the fallinge sicknesse what we shall doo to them The Pope aunswereth hurle them into a ditche He asketh what we shall doo with Beastes bitten with a madde dogge the Pope biddeth him kepe them close or hurle them into a pitte He asketh if one Nonne may was he an others feete as men may the Pope aunswereth yea on Goddes name Also he asketh howe many Crosses and where aboutes in his body a man shoulde make them These and a great many suche like are the Popes and his Apostles Ecclesiasticall matters But leauyng these tryfles note that in those Ecclesiasticall mattâ—â—s whyche he dyd to any purpose the lay Princes had the entermedling as appeareth by the Pope Zacharias Epistle to this Boniface It is no marueile though this kinge Charloman as also Charles the great and other noble Princes after their time established by their authoritie in Synodes many superstitions and idolatrous obseruances as of Masses Chrysmes and suche like abuses beinge moued with the zeale that all Princes ought to haue But wanting the pure knowledge that good and faithful Bishops should haue instructed them withall seinge suche blynde bussardes as this Boniface had the teachinge of them who like blynde guydes ledde them in the bottomles pit of all supersticions and false Religion Adrianus the first Pope beinge muche vexed through his owne furious pryde by Desiderius kynge of Lombardy sendeth to Carolus Magnus and requireth him of his ayde against the Lombardes promysing to make him therfore Emperour of Rome Charles commeth vanquisheth Desiderius and so passeth into Rome whom the Pope receiued with great honour geuing to him in
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
so muche that Nauclerus saith before the exequies of Alexander were finished the Cleargy and people that came to the buriall cried out that S. Peter had chosen Maister Archedeacon Hildebrande to be Pope whereuppon the Cardinalles went a side and elected Hildebrande But Benno who was a Cardinall at Rome the same time saith that the selfe same eueninge and hower when Alexander died Hildebrande was enstalled by his souldiours without the assent of either Priest or people fearing least delay woulde bréede perill to whose election not one of the Cardinales did subscribe in so muche that Hildebrande saide to an Abbot that came short to the election brother Abbot yée haue taried ouer longe to whome the Abbot answeared and thou Hildebrande hast made ouer muche hast in that thou hast vsurped the Apostolique sea against the Canons thy Maister the Pope beinge not yet buried By whiche poste haste importune clamours and violent election it is easie to sée how Platina and those that followe him doo no lesse lie than flatter in praysinge this Pope and settinge foorthe so comely a fourme of his election Nauclerus protesteth and promiseth in the tellinge of this Popes life to kéepe an indifferencie and fidelitie in the report of the Chroniclers firste reporteth the state of y e Churche vnder this Pope woorde for woorde as I haue rehersed out of Abbas Vrspurg and to declare his further vprightnes in the mater he telleth what he foūde writen in a fine stile amongest the Saxon histories that the Bishoppes of Fraunce moued the Prince not to suffer this election whiche was made without his consent for if he did it might woorke to him muche and greuous daungier the Prince perceiuinge this suggestion to be true sent immediatly his Embassadours to Rome to demaunde the cause wherefore they presumed without the Kinges licence against the custome of their auncestours to ordeine a Pope and further to commaunde the new◠electe Pope to forsake that dignitie vnlaufully come by onlesse they woulde make a reasonable satisfaction These Embassadours were honorably receiued and when they had declared their message the Pope himselfe maketh them this answere He taketh God to witnesse that he neuer coueted this high dignitie but that he was chosen and thrust violently thereunto by the Romaines who woulde not suffer him in any wise to refuse it notwithstandinge they coulde by no meanes perswade him to take the Papacie vpon him and to be consecrate Pope till he were surely certified that bothe the kinge and also the Princes of Germanie had geuen their assente When the kinge was certified of this answeare he was contente and willingly gaue commaūdement that he shoulde be ordered Pope He also reciteth out of Blondus and other writers That the Kinge gaue his Consente vnto the Popes election sending the Bisshoppe of Verselles the Chauncellour of Italy to confirme the election by his authoritie as the maner had beene the whiche thinge also Platina saith he seemeth to affirme Afterwardes the Emperour called a Councel which he helde as Sabellicus saith at Woormes whereat were all the Bishoppes of Fraunce and Germany excepte the Saxōs The churchmen of Rome sent their epistles with gréeuous cōplaints against Hildebrand vnto this coūcel In quibus Hildebrandum ambitus periurij accersunt eundemque plaeraque auarè superbeque facere conqueruntur hocque reiecto alium pastorem postulant wherein they accuse Hildebrande of ambition and periury complaininge that he dooth manye thinges proudly and couetously and therefore desire that he may bee deposed and another pastour appoincted them The Fathers in this Councell make a Decrée for to depose Hildebrande recitinge therein many his greeuous and horrible crymes that moued them therto And not onely the Bysshops of Germany and Fraunce but also the Bissoppes of Italy assembled togeather at Ticinum a citie in Lombardy nowe called Pauia did subscribe this Decree This Synode beynge thus finished the Emperour saith Auentinus wrote two letters the one to Hildebrand the other to the people and priests of Rome wherein he commaundeth Hildebrande according to the Decree of y e Councell to retourne to his pryuate life and estate and the Romaines to forsake Hildebrande and to choose to them selues a Pastor accordinge to the manner of their auncestours Who so listeth to reade these epistles and the seditious traiterous and tragicall feates and practises of the Pope against the Emperour bothe before and especially after this Decree he may sée them in Orthwinus Gratius in Nauclerus Auentinus Sabellicus and Platina Henry the. 5. came into Italy to ende the controuersy and discorde that was betwixte him and the Pope for this iurisdiction and to make suche composition as might bringe quietnesse bothe to the Churche and the Empyre But Paschalis the Pope did not muche lyke of his comminge as the Italian wryters witnesse The Emperour sendeth to the Pope the Pope againe to him certaine couenauntes were agreed vpon and confirmed by othe and assured by pledges on bothe the parties But the Pope coulde not or woulde not keepe promise with the Emperour for that his Bishoppes did withstande and in no wise would stande to the agreement whereupon folowed great tumult and a bluddy fraye The Emperour seynge they for their partes would not stande to the couenauntes whiche were confyrmed so strongly by othe and hostages as mighte be woulde not in like wyse be bounde to his Shortly after Easter following there was a freendly peace concluded betwixt the Emperour and the Pope who crowned Henry 5. Emperour deliuering vnto him with his holy hande suche priuileges as his auncestours were wont to enioie and confirmed the same to him neuer to be taken from him vnder the paine of the great Cursse After this the Emperour tooke an Othe of al the inhabitauntes in euery Citie thorough Italy for their faithfull obedience to him and the faithfull keepinge of this his prerogatiue and priuilege in Ecclesiasticall thinges or causes The next Emperour to Henry was Lotharius who so laboured with the Pope to retaine the inuesturing of Ecclesiasticall persones and besides that he so trauailed in other Ecclesiasticall causes so well as Tēporall that saith Vrspurgens Huius laus est à vindicata religione legibus The praise of this Prince is in that he refourmed Religion and the Lawes Nexte to whome was Conradus Emperour to whome the Romaynes wrote supplicacions to come and chalendge his right in these matters to reduce the forme of y e Empyre to the old state which it was in in Constantine and Iustinians daies to deliuer them from the tiranny of the Pope To whome also the Pope wrote humble supplications to take his cause into his protection against the Magistrates of Rome whiche tooke vppon them to reduce the Pope to the olde order and state of the auncient Bisshoppes of Rome Nexte to whome followed the godly and zelous Emperour Frederike the firste who séeinge the horrible vices of the Romishe
Churche commaunded that no Legate of the Churche of Rome shoulde be suffred to entre into Germany with out he were called or hyred of the Emperour nor woulde suffer that any man vnder the maner of appellation shoulde goo vnto the Courte of Rome After the death of Adrian the fowrth the Cardinals fel out amongest them selues for the Election of a newe Pope some stryuinge to haue Rowlande other some coÌ„tendinge to haue Octauian a man saith Vrspurg in all pointes honest and Religious Herevpon sprange an horrible Schisme and greate discorde Rowlande sent his Legates to the Emperour Fredericus 1. and desired him that he woulde take vp and ende this contention by his authoritie The Emperour commaundeth them both to come vnto him at Ticinum where foorthwith he sommoned a couÌ„cell to be holden about this matter mindinge to examine bothe their causes and by searchinge to trye whose cause was the more honest Rowlande beynge afraide to haue the matter come to this tryall getteth him to William of Sicilia the Emperours mortall enemie and within twelue daies putteth on his Cope and nameth him selfe Alexander for he purposed béelyke to make a conquest of the matter He alleaged his ellection to be good out of al doubte and that he sente for the Emperours ayde and not for his arbytrement and therefore thought not good to bringe his case into doubtfull question The Emperour beynge offended with him for that he woulde not obey his appoinctement sente twoo Bishops to cite him to come vnto the Councell by the name of Cardinall and not Pope But Rowlande refused confutinge their Citacion with this Maxime or Principle Romanum Pontificem a nemine iudicari debere the Pope ought not to be iudged of any man But wheÌ„ these Legates from the Emperour came to OctauiaÌ„ he straight ways obeied theybrought him to Papia Vrspur saith that Rowlande was oftentimes monished to come and did contemne all those monitions The Emperour satte in the Councell as Radeuicus Frisingensis who wrote his actes witnesseth and made an oration vnto the Bishoppes wherein he declareth and that by the example of his auncestours Constantinus Theodosius Iustinianus and of later time of Carolus Magnus and other that the power and authoritie to call Councelles where the Churche is troubled with any schismes or other perillous distourbance belongth to the Emperour Notwithstandinge he committed the difininge of the controuersie to their wisedome and gaue them thereunto authoritie The councell debateth the cause consulteth with men learned in the lawe and so concludeth that Octauians election was good and adiudgeth him to be the right Bishop of Rome When they had thus tryed out the matter â—redericus the Emperour saith Platina Confirmat Octauianum Pontificem Confirmed Octauian Pope The Emperour within a while after sente Octauianus new confirmed Pope towardes Rome who dyed in the iourney After whose death the Emperour called an other councel at Wirtzberge as Auentinus writeth wherein were a greate number of Archebishoppes and other Bishoppes and also may of the nobles and states of the Empyre In this Councell a statute or Decree was made by common consente That from hencefoorth none shoulde be Pope onelesse he were created by the consent of the Emperour accordinge as the custome had bene of longe and auncient time This worthy Emperour whom the Chroniclers call Christianissimum moste Christian for his zeale towardes Goddes Churche endeuored not without great perill to him selfe and his estate to reteine the iurisdiction due to the Princes and thereby to refourme the horrible disorders that were growen so highe that they ouerwhelmed the Churche as in lyke sorte diuers other Emperours and Kinges bothe before and after had attempted but in vayne for the wealthy pride the fierce power and trayterous treachery of the Pope and his Prelates was so mighty violent and subtile that there was no earthly power able to withstande or matche with them And therfore Erasmus compteth the Popes of this time and those that folowed to be the Vicars and successours of Iulius Caesar of Alexander the the great of Croesus the ryche and of â—erxes the mighty rather then of Christe the onely Emperour gouernour of the Churche Bernarde calleth Eugenius 3. in his great pompe and pride rather the successour of Constantinus the highe Emperour then of Peter the humble Apostle And Abbas Vrspurg who lyued at this time when the Popes had spoyled the Emperour and other Princes welnighe of all iurisdiction rulinge all by theyr owne Decretalles nowe aboute this time set foorth as they listed maketh a lamentable complainte of the horrible pryde and couetousnesse of the whole clergie and concludeth with these woordes Gaude mater nostra Roma c. Reioyce O our mother Rome bycause the scluses of the hidden treasures in the earthe are opened that riuers and heapes of money maye flowe vnto thee in great abundance Be glad of the iniquitie of the sonnes of men bicause money is geuen to thee for the recompence of so great euilles Be mery and iocund for discordes sake which is thy helper bicause she is rushte out of the infernal pit that pleÌ„tiful rewardes of money might be heaped vpoÌ„ the thou hast that which thou hast alwaies thyrsted after synge pleasant balades for through mennes malitiousnesse not by thy Godlinesse thou hastouercome the worlde About this time the kinge of Cicilia and Apulia had a dispensation from the Pope for money to Inuesture Archebishoppes or Bishoppes with staffe or crosier rynge palle myter sandalles â—r slippers and that the Pope mighte sende into his dominions no Legate onlesse the kinge shoulde sende for him Our Englishe Chroniclers make report that the Kynges of this Realme hadde not altogeather leafte of their dealinge in Churche matters but continued in parte their Iurisdiction aboute Ecclesiastical causes although not without some trouble The Popes Legate came into Englande and made a councell by the assent of kinge William the Conquerour And after that in an other Councell at Winchester * were put downe many Bisshops Abbottes and Priours by the meanes and procurement of the Kinge The kinge gaue to Lanfranke the Archbisshoprike of Cantorb and on our Lady day the Assumption made him Archebishop On whit Sonday he gaue the Archbishoprike of Yorke vnto Thomas a Canon of Bayon When Thomas should haue béene consecrated of Lanfranke there fell a strife betwixt them about the liberties of the church of Yorke The controuersie beinge about Churche matters was brought and referred to the Kinges iudgement and Thomas by the Kinges commaundement was faine to come againe to Lanfranke to be sacred And afterwarde when there grew greater contention betwixt these twaine about Churche matters the Bishop of Rome remitted the matter to be determined before the Kinge and the Bisshoppes of Englande and so at Windesour before kinge VVilliam and the Cleargy the cause was treated Also an other cause was mooued before
Frenche kynge prouing them to be as in deede they were no other but temporall neuerthelesse not standinge muche about the name nor taking them all away from their iurisdiction he onely said he would reforme them Neuerthels for certeine daies there was muche disputing to and fro whether they belonged to the kinge to reforme or no till the king by his foresaide procuratour gaue them the kinges determinat aunswere declaring vnto them howe that they ought not to be troubled bicause the kinges intention was to keepe those rightes and customes of the Churche and Prelates which were good and reasonable but by reason of their faults the iudgement whiche were good and reasonable apperteined not vnto thē to determine but to the king Bicause the Decree Nouit c. saieth that the kinge of Fraunce in matters de Facto hath not his superiour c. VVhereuppon hee concluded that the kinge woulde heare all the informations And those Customes of the whiche he shoulde be fully enfourmed that they were good and reasonable he woulde make onely to bee obserued In cōclusion the Prelates made such importune labour that the forsaide attourney aunswered them for the kinge that if the Prelates themselues would amende those thinges that were to be amended and corrected the king would abide till the feaste of the Natiuitie next to come within whiche terme he woulde innouate nothing but if within the saide terme the Prelates had not amended those thinges that were to be amended and corrected that then the kinge would put to suche remedy as should be acceptable to God and the people Whiche in conclusion the king was faine to do by a sharpe seuere Lawe whan he sawe howe the Prelates dallied him of with faire wordes and therefore he him selfe Composuit rem sacerdotum did set in order the matters of the Priestes In England at this time many abuses about Ecclesiasticall causes were reformed although the Pope his Clergie did earnestly mainteine them by king Edwarde the. 3. who wrote his letters to y ◠Pope admonishing him to leue of his disordered doinges whan that woulde not serue he redressed them by act of parliament and as Nauclerus saith he commaunded that from thenceforth no body shoulde bring into the Realme any kinde of the Popes letters vnder the paine of drowning and expelled all persones out of his kingdom that weare by the Pope promoted to any benefice Next to Lewes was Charles the. 4. chosen Emperour who helde a councel at Mentze with y e Prelates Princes in the yere of the Lorde 1359. wherein he much reproued the Popes Legate for his disorders and commaunded the Archbishop of Mentze to reforme his Clergie and the disorders amongest them for otherwise he woulde see to it him selfe The Popes Legate seyng howe the Emperour tooke vpon him gate him to his shippe and saylled to Colayn as one that fledde awaye With whiche doynges the Emperour became very famouse for he was a man of great workes who dyd lyghten the kyngdome of Boheme bothe with the the settinge foorth of Religion and with the discipline of Lawes and good manners At this time wrote Nilus the Bishoppe of Thessalonica declaringe the onely cause of the diuision betwéene the Gréeke and the Latine Churche to be for that the Pope will not suffer frée and generall Councelles to be called by the Emperours accordinge to the auncient custome that his authoritie is not by the Lawe of God but by the positiue Lawes of Princes graunted onely because that than Rome was the greatest Citie in the worlde and hath no prerogatiue of Christ or Peter more than any other Bishoprike Kinge Richarde the. 2. called a Councell at VVestminster saith Polydore wherein it was thought good to the Kinge and the Princes for the weale of his realme of Englande if a parte of the Popes authoritie were bounded within the limites of the Occean sea he meaneth that it were driuen out of the Isle of Britaine wherfore it was decreed that hereafter it shoulde be lawfull to no man to trie any cause before the Bishop of Rome nor that any man be publikly pronounced wicked or enemy of Religion that is to wit as the common people terme it be excommunicate by his authoritie nor that if any man haue any suche commaundement from him they execute the same The penaltie ordeined to those that violate this lawe was that losinge all his goodes he shoulde be caste into perpetuall pryson The Churche of Rome at this time was maruailously torne in sunder with an horrible Schisme whiche continued about xl yéeres hauinge at ones thrée heades callinge them selues Popes euery one of them in moste despitefull wise calling the other Antichrist Schismatique Heretique tiraunt thiefe traytour the sonne of perditiō sower of Cockle the childe of Belial c. diuerse learned men of that time inueighed against them all thrée as Henricus de Hassia 10. Cerson Theodorych Nyem secretary before this to Pope Boniface who prooueth at lardge by good reasons by the woorde of God and by the Popes decrées that the refourmation of these horrible disorders in the Churche belonge to the Emperour and the secular Princes Sigismunde the noble Emperour vnderstandinge his duetie herein amongest other his notable actes called a Councell togeather at Constantia and brought againe to vnitie the Churche deuided in three partes whiche Councell saithe Nauclerus beganne by the Emperours commaundement and industry in the yeere 1414. To the whiche Councell came Pope Iohn before the Emperours comminge thinkinge to haue outfaced the Councell with his pretensed authoritie till the Emperour came who geuinge to all men in the Councell free libertie to speake their mindes a great companie of horrible vices were laide streight way to his chardge To the whiche when he was not hable to answeare he was deposed and the other twoo Popes also and an other chosen chiefly by the Emperours meanes called Martyn the. 5. After these thinges finished they entred into the communication of a reformation bothe of the Cleargie and the Layty to whiche purpose the Emperour had deuised a booke of Constitucions and also willed certaine learned Fathers there but specially the Bishoppe of Camera a Cardinall there presente to deuise what faultes they coulde finde and how they shoulde be redressed not sparinge any dégrée neither of the Prelates nor of the Princes them selues Whiche the Bishoppe did and compiled a litle booke or Libell entituled a Libell for reformation of the Churche gathered by Peter de Aliaco c. and offered to the Churche rulers gathered togeather in Constaunce Councell by the commaundement of the Emperour Sigismonde c. In this Libell of reformation after he hath touched the notable enormities in the Pope in the Courte of Rome in the Cardinalles in the Prelates in Religious personnes and in Priestes in exaction in Canons and Decretalles incollations of benefices in fastinges in the diuine seruice in Piaures in
benefices thorough the whole worlde and more thei did choose the Pope as it is in C. Adrianus dist 63. And y e same Petrus in an other place saith thus Marke after what sorte and how many waies these Clergy mē doo snare the Lay and enlarge their owne iurisdiction but alas miserable Emperours and secular princes whiche doo suffer this and other thinges you both make your selues sclaues to the Bisshops and yee see the worlde vsurped by them infinite waies and yet yee study not for remedy bicause yee geue no heede to wisedome and knowledge As Petrus Ferrariensis attributeth both the swoordes that is both spirituall temporall iurisdiction to y e Emperour So 10. Quintinus Heduus a famous professour of the law in Paris one that attributeth so much to the Pope as may be muche more than ought to be saith y t In solo Principe omnis est potestas in the Prince alone is al power and thereto auoucheth this saying of Speculator De iurisdict omniū iudicū Quod quicquid est in regno id esse intelligitur de iurisdictione Regis that whatsoeuer is in a kingdome that is vnderstāded to be vnder the iurisdictiō of the kinge To which purpose he citeth an auncient learned one in y e Law whose name was Lotharius who saith he did say That the Prince is the foūtaine or welspring of al iurisdictiō protesteth also him selfe to be of y e same minde writing of the kinges power in Eccl. matters or causes he citeth this Canon Quādo vult Deus foorth of the decrées wherupon he as it were cōmenteth saying This is the reason wherfore it is leafull for the Prince some whiles to determine those thinges whiche concerne the Church least the honesty of the mother he meaneth y e Churche should in any thing be violated or least her trāquillity should be troubled specially of thē to whom she is cōmitted meaning y ◠Church Mynisters If there be any other thing this chiefly is an Ecclesiasticall matter namely to call or cōuocate Coūcelles saith Quintinus But this is the opinion saith he of many learned men that the Emperour may cōuocate a general Coūcel so often and for any cause whan the Pope and the Cardinalles be noted of any suspiciō and doo for slowe and ceasse either for lacke of skill or peraduenture of some euill meaning or of both or els whā there is any Schisme Cōstantinus saith he called the first Nicene coūcell the other three generall Councelles Gratianus Theodosius and Martianus the Emperours called by their edict Iustinianus called the fifte generall councell at Constantinople the Emperour Constantine 4. did conuocate the sixte generall Councell against the Monothelytes The authoritie of the kinge Theoderike cōmaunded the Bisshops and Priestes forth of diuers prouinces to assemble together at Rome for the purgation of Pope Symachus the firste Carolus Magnus as it is in our Histories cōmaunded fiue Councels to be celebrated for the Ecclesiasticall state to wit Moguntinum Remense Cabilonense Arelatense and Turonense The Pope calleth the Bisshoppes to Rome or to some other place the Kinge dooth forbidde them to go or he commaundeth them to come to his Courte or Councell the Bisshoppes must obey the kinges precept not onely in this case but in any other matter what so euer besides sinne for he that dooth not obserue his bounden fidèlitie to the kinge whether he be a Bisshoppe Priest or Deacon is to be throwne foorth of his degree or place For the proufe whereof he citeth many Canons out of the decrées and concludeth thus to be briefe this is mine opinion whan the kinge calleth together the Prelates to a Councell and to reforme the state of the Churche they are bounde to obey yea although the Pope forbidde it The people doth amende or reforme the negligence of the pastour Can. vlt. dist 65. Ergo the Prince also may doo the same If the Bisshop will not or doo forslowe to heare and to decide the controuersies of his Cleargy the Bisshoppe beynge slowe or caryinge ouer longe nothinge dooth hinder or stay saith the Canon to aske Episcopale iudicium the Bisshoply iudgement of the Emperour If it happen that the Priestes be not diligent about the Aultar offices if contēning the tēple neglecting the Sacrifices they hasten into kinges palayces runne to wrastlinge places doo prophane them selues in brothelles houses and if they cōuert that which the faithfull haue offred to Christ to the pleasures of them selues and of theirs wherefore shall not the princes whome the Catholique Faith hath begottē and taught in the bosome of the church call againe and take vpon themselues the care of this matter and so he prooueth at lardge by many examples out of the Histories and the Lawes that this care and chardge in Ecclesiastical matters and causes belongeth to the Princes vnto the whiche examples he addeth this In our Fathers time saith he Kinge Lewes 11. made a constitution that Archebishoppes Bishoppes Abbottes and who so euer had dignities in the Church or had the cure of other benefices should within fiue monethes resorte to their Churches and shoulde not remooue any more from thense diligently there labouringe in diuine matters and sacrifices for the saulfty of the kinge and his kingdome and that vnder a great paine of losinge all their goodes and landes Here Quintinus dooth greuously complaine of the dissolute and moste corrupt manners of the Cleargie whereto he addeth sayinge vvherefore than should not Princes compell this lewde idle kinde of men to doo their dueties If you delight in antiquities saith he no man dothe doubt but that in the primatiue Churche the Princes did iudge bothe of the Ecclesiasticall personnes and causes and did oftentimes make good Lawes for the trueth against falsehood Arcadius and Honorius religious Princes doo depose a troublesome Bishop both frō his Bishoprike sea and name The. 13. first titles of the firste booke of Iustinians Code collected out of the Constitutions of diuers Emperours doo plainly intreate and iudge of those thinges whiche appertaine to the Bishoply cure For what pertaineth more to the office of a Bisshop than Faith then Baptisme then the high Trinity than the conuersation of Monkes the ordeining of Clergy men and Bishoppes and than many like lawes whiche doubtles doo concerne our Religion and Church But the Nouel Constitutions of the Emperour Iustinian are full of suche Lawes And least peraduenture some man might suspect that this was tiranny or the oppression of the Churche Iohn the Pope dothe salute this Imperour the most clement Sonne learned in the Ecclesiasticall disciplines and the most Christian amongst Princes Epist inter claras De sūm a Trin. C. Childebertus the Kinge of Fraunce did exact of Pelagius 2. the confession of his faith and Religion the whiche the Pope bothe speedely and willingly did perfourme C. Sat agendum 25. q. 1. VVhan I was in Calabria saith Quintinus by chaunce I founde a fragment of a certaine
booke in Lombardy letters hauinge this inscription Capitula Caroli Then followeth an Epistle beginning thus I Charles by the grace of God and of his mercy the Kinge and gouernour of the kingdome of Fraunce a deuout defendour of Goddes holy Churche and an humble healper thereof To al the orders of the Ecclesiastical power or the dignities of the secular power greetinge And so reciteth al those Ecclesiasticall Lawes and constitucions whiche I haue writen before in Charles the great To all whiche saith Quintinus as it were in manner of a conclusion are these woordes put to I will compell all men to liue according to the Canons and rules of the Fathers Lewes the Emperour this Charles Sonne kept a Synode wherein he forbadde all Churchemen sumptuousnes or excesse in apparaile vanities of iewelles and ouermuche pompe Anno Christi 830. He also set forth a booke touchinge the manner and order of liuinge for the Churchemen I doubt not saithe Quintinus but the Churche shoulde vse and shoulde be bounde to suche lawes meaninge as Princes make in Ecclesiasticall matters Pope Leo. 3. saith he beinge accused by Campulus and Paschalis did purge himselfe before Charles the great beinge at Rome and as yet not Emperour Can. Auditū 2. q. 4. Leo. 4. offereth him selfe to be refourmed or amended if he haue done any thinge amisse by the iudgement of Lewes the Frenche kinge beinge Emperour Can. Nos si incompetenter 2. q. 7. Menna whome Gregory the great calleth moste reuerende brother and fellow Bishop beinge nowe already purged before Gregory is commaunded a freshe to purge him selfe of the crime obiected before Bruchinild the Queene of Fraunce Ca. Menna 2. q. 4. In whiche quaestion also it is redde that Pope Sixtus 3. did purge him selfe before the Emperour Valentinian Can. Mandastis So also Iohn 22. Bishop of Rome was compelled by meanes of the Diuines of Paris to recante before the Frenche Kinge Philippe not without triumphe the whiche 10. Gerson telleth in a Sermon De Pasc The Popes Heresie was that he thought the Christian Soules not to be receiued into glory before the resurrection of the Bodies Cresconius a noble man in Sicilia had authoritie or power geuen him of Pelagius the Pope ouer the Bishoppes in that Prouince oppressinge the Cleargie with vexations Can. Illud 10. q. 3. The whiche Canon of the law the Glossar doth interprete to be writen to a secular Prince in Ca. Clericum Nullus 11. q. 1. The Abbottes Bishops and the Popes themselues in some time paste were chosen by the Kinges prouision Ca. Adrianus 63. dist And in the same Canon Hinc est etiam 16. q. 1. Gregorius wrote vnto the Dukes Rodolph and Bertulph that they shoulde in no wise receiue priestes defiled with whoredome or Symony but that they should forbidde them frō the holy Mynisteries § Verum 32. dist in whiche place the interpretours doo note that Laymen sometimes may suspende Cleargymen from their office by the Popes commaundement yea also they may excommunicate whiche is woorthy of memory Hetherto Quintinius a learned lawyer and a great mainteinour of the Popes iurisdiction hath declared his opinion and that agreeable to the Popes owne Lawes that Princes may take vppon them to gouerne in Ecclesiasticall matters or causes Besides these Lawyers this was the common opinion of the chiefest writers of the common Lawe of this realme as appeareth by Braughton in these woordes Sunt sub rege c. Vnder the Kinge are both free men and bondemen and they be subiecte to his powre and are all vnder him and he is a certaine thing or creature that is vnder none but onely vnder God And againe in the chapiter the title whereof is this Rex non habe◠parem c. The Kinge hath no peere or equall in his kingdome The kinge saith he in his kingdome hath no equall for so might he lose his precepte or authoritie of commaundinge sithe that an equall hath no rule or commaundement ouer his equall as for the Kinge him selfe ought not to be vnder man but vnder God and vnder the Lawe bicause the Lawe maketh a Kinge Let the Kinge therfore attribute that vnto the Lawe that the Lawe attributeth vnto him to wit dominion and powre For he is not a Kinge in whome will and not the lawe doth rule and that he ought to be vnder the Lawe Cum sit Dei vicarius sithe he is the vicar of God it appeareth euidently by the likenes of Iesu Christe whose vicegerent he is in earth and within a litle after he concludeth thus Igitur non debet maior esse eo in regno suo Therefore there oughte to be none greater then he in his kingedome Thus haue I sufficiently proued that the Emperours and Kinges ought haue and maye claime and take vpon them suche gouernemente in Spiritual and Ecclesiastical causes and matters as the Quéenes Maiestie now doothe In confirmation whereof I haue béene more large than otherwise I woulde but that the proufe hereof doth reprooue and fully answeare the principal matter of your whole booke and therefore I may vse more briefnesse in that whiche followeth I haue made proufe vnto you sufficient to remoue your ignorance both of the matter and the way whereby to knowe confessed by you in your Minor Proposition And this haue I done by the selfe same Meanes that you requyre in your issue I haue made proufe of the Supreame gouernment in Ecclesiastical causes to belonge vnto Kinges and Princes by the expresse commaundement of God where he did firste describe set foorth the duety and office of Kinges I haue made the same more plaine and manifest by the examples of the moste holy gouernours amongest Goddes people as Moses Iosua Dauid Saloman Iosaphat Ezechias Iosias the Kinge of Niniue Darius and Nabugodonosor who exprest this to be the true meaning of Gods commaundement by their practise hereof so highly commended euen by the holy Ghoste whereunto I haue added certaine Prophecies foorth of Dauid Esaie wherby it is manifestly prooued that the holie Ghoste dothe looke for exacte and challenge this seruice and Supreame gouernment in churche causes at Princes handes I haue declared that the Catholique Churche of Christe did accept and repute these histories of the olde Testament to be Figures and Prophecies of the like gouernment and seruice to be required of the Kinges in the time of the Newe Testament I haue confirmed the same by the manifest Scriptures of the Newe Testament Whervnto I haue adioygned the testimonies of aunciente Doctours with certain examples of most godly Emperours who beynge so taught by the moste Catholique Fathers of Christes Churche did rightly Iudge that the vigilant care ouersight and orderynge of churche causes was the chiefest and best parte of their Ministerie and seruice vnto the Lorde I haue shewed plainely by the order of Supreame gouernment in Churche causes practised set foorth and allowed in the greattest and best Councelles bothe Generall and Nationall that
to mine assertion to be committed by Christe to Bishops priestes as proprely apperteyning to their office and calling without further commission or authoritie from Princes or any other power The distinction that I made of Ecclesiasticall iurisdiction I wil first repete and than put mine answeare to your argumentes Spiritual Iurisdiction is deuided into twoo sortes the one is called Cohibityue the other not Cohibityue That whiche is called not Cohibityue is that iurisdiction or power that is exercised and woorketh in the inwarde and secrete courte of conscience that is the preachinge of the Ghospell mynistration of the Sacramentes and the absoluinge and reteininge of sinnes by the woorde of God in the publique mynistery This therfore they call not Cohibityue bicause in the Court of conscience no man is bound or lowsed vnwillingly or against his will To exercise this kinde of Iurisdiction neither kinges nor ciuill Magistrates neither any other persone may challendge or take vppon him onlesse he be lawfully called thereunto Iurisdiction Cohibitiue hath twoo partes the one consisteth in the exercise of excommunication and circumstaunces thereunto required by Christes institution the whiche power or Iurisdiction belongeth to the Churche onely and not to the Prince Bishoppe or Priest for noman hath authoritie to excommunicate but onely the Churche and those who receiue authoritie there vnto by commission from the Churche The other kinde of Cohibitiue Jurisdiction is a power or authoritie that consisteth and is exercised in foro causarum in the courte of causes and apperteineth ad externum publicum forum to the externall and publike Courte and is defined to be saith Antonius an authoritie or power to declare the Law geue sentence and to iudge in all controuersies pertayninge to the Courte what is euery mans right and in summe to doo those thinges that iustice dooth require accordinge to the Lawes Ioannes Quintinus defineth Iurisdiction to the same effect but openeth the nature thereof more plainely sayinge Iurisdiction is an office and authoritie to declare the Lawe that is to admynister iustice and equity◠and to gouerne the people with right and Lawes VVhan I name an office saith he I meane that iurisdiction hath in it selfe a necessity to declare the Lawe for office is that whiche euery man is bounde to doo to declare the lawe is to exercise iudgementes whereuppon commeth iurisdiction he meaneth that iurisdiction hath the name and is so called of exercisinge iudgementes iudgementes are exercised onely of them that haue iurisdiction that is power to iudge Iurisdiction consisteth onely in the contentions or debatinge of matters in Courte or iudgementes This authoritie to iudge dooth discende nowe from the Prince alone in whome onely is all power By vertue of this iurisdiction saith Antonius the Churche mynisters accordinge to their offices rightly enioyned vnto them may lawfully visit enquire of mens manners punishe the faulty send foorth apparitours or sommoners cyte the sturdy and stubborne represse their malepartnes call and sommon meete personnes to the Synode prouinciall or generall confirme the matters decreed in the Synode or Councell pardon faultes chaunge or mytigate the penaunce enioyned for confessed faultes condemne Heretiques and their writinges examine all mens writinges who so euer before they be set foorth or published and after due examination iudge whether they conteyne sounde or pestilent doctrine ordeine Decrees Lawes caeremonies and rytes constitute Bisshoppes and other Churche mynisters also depose degrade make them irreguler and vnhable to haue holy orders determine illegitimation in personnes for maryage bestowe Ecclesiasticall benefices and exact tythes and annates These and many other thinges may be lawfully doone by those that haue the power of this Cohibytiue Iurisdiction whiche is not saithe he properly signified by the name of the keyes for although it may be named in some respecte a Churche keye yet it differeth very muche from the keyes of the firste Courte that is of the Courte of Conscience For the vse of those keyes that are occupied in the Courte of conscience belongeth onely to the Euangelicall Priestes But this Iurisdiction may lawfully be exercised of those that are not mynisters of the woorde and Sacramentes and are not Priestes As the twoo former partes of Ecclesiastical iurisdiction haue their vertue power and institution of Christe immediatly euen so this third part whiche is saide to consiste in foro causarum with those thinges which may be vsed or exercised by vertue thereof dothe depende vppon the positiue Lawes of Christian Magistrates or where suche wanteth vppon the positiue rules and orders of that Churche where suche orders muste be practised and not immediatly vppon the Lawe of God You tooke vppon you to proue that this seconde kinde of Cohibityue Iurisdiction with the appurtenances thereof as I haue rehersed was appointed by the expresse woorde of God immediatly to Bishoppes and Priestes without further commission of Princes or other power whiche I denied Nowe let vs consider the force of your proufes and sée how they conclude your cause Firste yée say that the woordes of the first parte of the Othe doo by expresse woordes of the Acte geue vnto the Q. highnes all manner of iurisdictions priuileges and preheminences in any wise touchinge and concerninge any Spirituall or Ecclesiasticall iurisdiction within the realme with an expresse debarre and flat deniall made of al spirituall iurisdiction vnto the Bisshoppes thereof to be exercised ouer their flockes and cures without her highnes speciall commission to be graunted thereunto they hauinge by the expresse woorde of God commission of spirituall gouernement ouer them Your euill dealing with the woordes of the Acte and the Othe expresseth an vnkindely meaninge to the Prince and the state for that either the Acts or the Othe debarreth or denieth expressely or couertly y e Bishopes of this realme to exercise ouer their flockes and cures without her highnes speciall commission graunted therto any spirituall iurisdiction assigned to a Bishop by the woorde of God is altogether vntrue The Statute geueth or rather restoreth to the Prince Iurisdiction and authoritie to enquire after what sorte the Ecclesiasticall state and personnes behaue them selues in their cures and chardges to refourme and correct the disorders negligencies and enormities risinge amongest them to the hinderaunce of their office in their cures and chardges and in summe to order and prouide that they doo execute their office accordinge to their callinge in their cures chardges This is not to debarre or denie them the exercise of their office without a speciall licence Neither doo the expresse woordes of the Statute geue to the Prince all manner of iurisdictions in suche absolute wise as you reporte in any wise and any spirituall iurisdiction within the realme For these termes all manner in any wise and any spirituall iurisdiction whiche you enforce so muche are not founde in the gifte or restitucion of spirituall iurisdiction made by the acte vnto the Prince But in that parte where the acte geueth afterwarde
power and authoritie to the Prince to execute the Iurisdiction now vnited and annexed to the Crowne by méete delegates to be assigned named authorised by coÌ„mission or letters patentes vnder the great Seale of Englande If yée will hereof inferre that bicause the Princes haue by vertue of the acte full power and authoritie to name assigne and authorise any person whome they shal thinke méete to exercise vse occupy and exequute vnder them all manner of iurisdictions priuileges and preheminences in any wise touchinge or concerning any Spirituall or Ecclesiastical iurisdiction with in their dominions or countreies Therefore all manner iurisdiction is in the Prince to be exercised vsed occupied and exequuted by them for otherwise you will say the Princes cannot geue and committe to others that which they haue not receiued and is not in them selues Your argument is easily answeared in fewe woordes it is a foule Sophistication a secundum quid ad simpliciter These woordes of the Acte all manner in any wise are restrained and bounded within the limites of the gifte where you of purpose to beguile the simple with all doo let them runne at lardge and sette them foorth as méere and simple vniuersalles without any limites at all The Act geueth or restoreth to the Prince iurisdictions priuileges superiorities and preheminencies spirituall Ecclesiasticall but it addeth this Limitacion suche as by any Spirituall or Ecclesiastical power or authoritie hath heretofore béene or may lawfully be exercised or vsed And for that these woordes as by any Spirituall or Ecclesiasticall power or authoritie hath heretofore been or may lawfully bee exercised and vsed may bee maliciously stretched by a wranglinge Papist and might seeme to some that haue good meaning also to geue ouer large a scope the matter or obiect wherein or where about these Spirituall or Ecclesiasticall iurisdictions priuileges superiorities and preheminences are exercised vsed and doo consiste is limited and added in these expresse woordes for the visitation of the Ecclesiasticall state and persones and for reformation order and correction of the same and of all manner errours heresies Schismes abuses offences contemptes and enormities whiche woordes of limitation in y e gifte as they geue not to the Prince the exercise of that iurisdiction that consisteth and woorketh in the inwarde and secrete Courte of conscience by the preaching of the woorde and mynstration of the Sacramentes whiche belongeth onely and alone to the Bishoppes neither doo they authorise the Prince to vse that iurisdiction that belongeth properly to the whole Church euen so doo they geue rightly vnto the Prince to exercise all maner iurisdictions priuileges superiorities and preheminences in any wyse touching and concerninge any Spiritual or Ecclesiasticall iurisdiction conteined vnder the seconde kinde of Cohibitiue iurisdiction for that may the Prince lawfully exercise and vse and doth not belong vnto the Bishops otherwise than by commission and authoritie of Positiue lawes This limitation of iurisdiction set forth by expresse wordes in y e Act you know right wel ye were also at sundry times put in minde thereof and you were wel assured that your alleaging y e wordes of the Act so darkely confusedly and vntruely could not further your cause amongest the wise and yet woulde you néedes publishe them in this sorte to the people whereby at the least to make both Prince and the Lawe odious vnto the simple subiectes The Bishoppes haue by the expresse woorde of God commission of Spiritual gouernmeÌ„t ouer their flock that is to féede the flock of Christ committed to their charge with Gods holy woorde as I haue declared before Thei haue commission to absolue the faithfully penitent and to reteine or binde the impenitent that is to declare and assure both the one the other by the worde of the Gospel of Gods iudgement towardes them What wil ye inferre hereof will ye coÌ„clude therfore they haue all maner of spirituall gouernement or iurisdiction ouer them Yonge Logicians knowe this is an euell consequent that concludeth vpon one or diuerse particulers affirmatiuely an vniuersall Thus ye argue Bishoppes by the expresse worde of God haue commission to preache to their cures to remitte or reteine synnes Ergo they haue commission by the expresse woorde of God to Sommon councels or Synodes generall or prouinciall to visite that is iudicially sitting in iudgement to enquire of mens manners and forinsically to punishe or correct and to decide the controuersies amongest the people touching contractes of matrimony whoordome tyethes sclaunders c. and to ordeine decrees Lawes ceremonies rites c. If this conclusion followe consequently vpon your antecedeÌ„t than doth it ouerthrowe the doctrine of your Romishe diuinitie whiche graunteth not to the Bishoppes immediatly from God this power without a speciall commission from the Pope in whome onely as the Papistes saye is fulnes of iurisdictioÌ„ and power But if this conclusion followe not consequently vpon the antecedent as a man more than halfe blynde may plainely see it doth not than haue ye concluded nothing at all by Christes diuinitie that may further the matter yee haue taken in hande to proue You falsely reporte the Scriptures in this that you say the Bishops haue commission by the expresse woorde of God to geue vnto their flockes cures the holy ghost by the imposicion of their handes For the place which yée quote for that purpose expresseth no suche commission neither any other place of the holy Scriptures The Bishoppes haue so daungerous a cure and chardge ouer the soules committed vnto them that God will require the bloud of those that perishe thorough their negligence at their handes and therfore hath geuen them sufficient commission for the dischardge of their cures It were therefore an horrible absurditie if they might not exercise any Iurisdiction ouer theÌ„ if they might not visit refourme order and correct them by that commission without a further commissiâ—n from the Q. highnes But doo yée not perceiue which the most simple may sée whereof also yée often were admonished by me your warblinge slaight and Sophisticall quarellinge in equiuocation of woordes termes As there are twoo sortes of Iurisdiction whereof the one not Cohibityue properly belongeth to the Bishoppe whiche he may and ought to exercise ouer his flocke without any other commission than of Christ so to visit refourme order and correct are of twoo sortes the one a Scripturely visitacion reformation and correction by the onely woorde of God which the Bishoppes may and ought to exercise in time and out of time with all possible watchefulnes and diligence without any further commission The other kinde of visitacion reformation correction is Forinsecall or courtly whiche I comprehende vnder the seconde kinde of Cohibitiue Iurisdiction and this the Bishoppe may not exercise without a further commission from the Prince Wherefore it is ouer foule an absurditie in you to inferre that the Bishoppes may not exercise any Iurisdiction visitacion reformacion or correction bicause they may
as yee vntruely auouche and in the. 14. yee shoulde haue perceiued that he in plaine speeche proueth you a Lyar For that he denieth that these were his orders or decrees affirminge them to be the Lordes commaundementes and so dooth Theophilact Gloss ordinar and Lyra witnesse also with Paule testifiynge that these were his woordes and meaninge These places thus rightly considered it may easily appéere vnto the most vnskilfull how little your purpose is holpen by them that these groundes do faile you So that your whole shifte beynge sifted is founde naught both in matter and fourme M. Fekenham The vvhich noble Emperour Constantinus for the represâ—â—on of the Arians errours and heresies he did at the request of Syluester then Bishop of Rome call the first councell at Nice vvhere he had to the Bishops there assembled these vvâ—ordes Cum vos Deus sacerdotes constiturit potestatem tradidit iudicandi de nobis Et ideo nos à vobis recte iudicamur Vos autem cum nobis à Deo diâ—datisitis ab hominibus iudicari non potestis c. Valen tianus Imperator cum ille rogatus esset ab Episcopis HellespoÌ„ti Bythiniae vt interesset consilio respondit Mihi quidem cum vnus de populo sim fas non est talia perscrutari verum sacerdoâ—es quibus haec cura est apud sâ—metipsos congregentur vbi voluerint Theodosio Imperatori Ambrosius ingressu intra cancellos templi inteâ—dixit inquieps In teriora ô Imperator sacerdotibus solis patent c. Cui egiâ— ob id gratias Imperator asserens se didicisse discrimen inter Imperatorem sacerdotem The B. of Wynchester It is manifest that Constantine called the first Nicene councell but very vnliâ—â—ly that he did it at the request of Syluester bâ—cause this Councell was not in the time of Syluester but whiles Iulius was Bishop of Rome who by reason of his great age coulde not be there present in his owne persone and therfore sent in his stéede Vitus and Vincentius â–ª as the Ecclesiasticall histories reporte and Epiphanius affirmeth that Constantine called this Councel at the earnest suâ—e of Alexander Bishop of Alexandria whereto Ruffinus addeth many other of the Cleargy also But if it be true as yée say that the Emperour called the Councell at the request of the Pope than bothe those Pâ—pistes are Lâ—ars which affirme that the Pope called this councell and your cause by your owne confession is muche hindered for if the Emperour called the Councell and that at the request of Syluester the Pope as yâ—e say or at the earnest suite of Alexander and other godly Bishops as Epiphaniuâ— and 〈◊〉 affirme It appeareth plainely that both the Pope and the other catholike Bishops did therby acknowledge the supreame power and authoritie to sommon and call councels whiche is a principall part of your purpose and of y e Ecclesiastical iurisdiction cohibitiue to be in the Emperour and not in them selues for otherwise they might and would haue doone it by vertue of their owne office without any suite made to the Emperour to execute that whiche belonged vnto them selues The Emperour refused to iudge the quarreling accusations of the Bishops assembled at the Nicen councell one quarreling and accusing an other referred the iudgement of them to Christ This was his modestie Policy and prudent foresighte least by sifting those priuate quarelles he might haue hindered the common cause as I haue said before and is plainely to be gathered of Ruffinus and Nicephorus and not for that he thought his authoritie might not stretche so farre as to iudge the Priestes and their matters as ye would haue it to séeme for as he him selfe protesteth this aboue all other thinges to be the chiefe scope and ende of his Emperiall authoritie namely that the catholique Churche be praeserued in vnitie of faith sinceritie of loue concorde in godly Religion and that the diseases therein â–ª as Schismes Heresies c. might be healed by his mynistery euen so forsoke he no occasion or meane whereby to woorke foorth this effect of his ministery and office whether it were at some time by releÌ„ting and remittinge some what of his authoritie or by exercising the same to the vtmost in al matters ouer all persones He thought it the best for this time by relentinge to beare with the weakenes of those fathes thereby the better to encourage them to standefast and ioyntly against the common enemy for the furtheraunce of the truthe But afterwarde whan the councel or Synode was assembled at Tyre by his commaundement and that Athanasius had made complaint vnto him of the vniust dealing of that couÌ„cel to deface the truthe the Emperour did exercise the ful authoritie of his ministery called al y e Bishops vnto him to this ende y e he by his supreme authority might examine their doings iudge of the whole councel whether they had iudged vprightly and dealt sincerely or not This he did at the suite of the most godly Bishop Athanasius who woulde not haue attributed this authoritie to the Emperour if it had not apperteined to his iurisdictioÌ„ to haue iudged the Bishops and their doings neither would the catholique fathers of that time haue suffred this and many other suche like doinges of this most Christian Emperour to haue passed without some admonition or misliking if thei had not acknowledged the authoritie in him to be lawfull He commaunded the Bishops euery where to assemble at his appointment where and whan he would He sharply reproued Alexander Bishop of Alexandria and Arius for the coÌ„tention stirred vp by them He iudged Caecilianus Bishop of Carthage to be lawfully consecrated and ordered and condemned the Donatistes And these Bishoppes assembled at the Nicen councell by his commaundement of whom ye speake acknowledged the Emperour to haue authoritie to iudge them and their causes or els they had doone folishly to offer their billes of complaint vnto him whom they thought had no authoritie or might not iudge and determine them But in case it were true that the Prince might not iudge the Priestes nor their causes what conclude you thereof You can not conclude your purpose for this is no more a good consequent Constantinus would nor coulde lawfully iudge the Priestes assembled at Nicen councell Ergo Bishoppes and Priestes may call councelles make Lawes orders and decrees to their flocke and cures and exercise all manner iurisoiccioÌ„ cohibitiue Then this Yorke standeth but. iij. myles from Pocklington Ergo your pocket is full of plummes of the like fourme also are the consequentes that yee make vpon the histories of the Emperours Valentinian and Theodosius And as you can not fasten your purpose by any good sequele vpoÌ„ these histories so that history that ye alledge of Valentinian maketh muche again your purpose First it is vncertein and may be doubted whether this aunswere that ye affirme to be Valentinians were his or Valens the