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

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Churche commaunded that no Legate of the Churche of Rome shoulde be suffred to entre into Germany with out he were called or hyred of the Emperour nor woulde suffer that any man vnder the maner of appellation shoulde goo vnto the Courte of Rome After the death of Adrian the fowrth the Cardinals fel out amongest them selues for the Election of a newe Pope some stryuinge to haue Rowlande other some cōtendinge to haue Octauian a man saith Vrspurg in all pointes honest and Religious Herevpon sprange an horrible Schisme and greate discorde Rowlande sent his Legates to the Emperour Fredericus 1. and desired him that he woulde take vp and ende this contention by his authoritie The Emperour commaundeth them both to come vnto him at Ticinum where foorthwith he sommoned a coūcell to be holden about this matter mindinge to examine bothe their causes and by searchinge to trye whose cause was the more honest Rowlande beynge afraide to haue the matter come to this tryall getteth him to William of Sicilia the Emperours mortall enemie and within twelue daies putteth on his Cope and nameth him selfe Alexander for he purposed béelyke to make a conquest of the matter He alleaged his ellection to be good out of al doubte and that he sente for the Emperours ayde and not for his arbytrement and therefore thought not good to bringe his case into doubtfull question The Emperour beynge offended with him for that he woulde not obey his appoinctement sente twoo Bishops to cite him to come vnto the Councell by the name of Cardinall and not Pope But Rowlande refused confutinge their Citacion with this Maxime or Principle Romanum Pontificem a nemine iudicari debere the Pope ought not to be iudged of any man But whē these Legates from the Emperour came to Octauiā he straight ways obeied theybrought him to Papia Vrspur saith that Rowlande was oftentimes monished to come and did contemne all those monitions The Emperour satte in the Councell as Radeuicus Frisingensis who wrote his actes witnesseth and made an oration vnto the Bishoppes wherein he declareth and that by the example of his auncestours Constantinus Theodosius Iustinianus and of later time of Carolus Magnus and other that the power and authoritie to call Councelles where the Churche is troubled with any schismes or other perillous distourbance belongth to the Emperour Notwithstandinge he committed the difininge of the controuersie to their wisedome and gaue them thereunto authoritie The councell debateth the cause consulteth with men learned in the lawe and so concludeth that Octauians election was good and adiudgeth him to be the right Bishop of Rome When they had thus tryed out the matter ●redericus the Emperour saith Platina Confirmat Octauianum Pontificem Confirmed Octauian Pope The Emperour within a while after sente Octauianus new confirmed Pope towardes Rome who dyed in the iourney After whose death the Emperour called an other councel at Wirtzberge as Auentinus writeth wherein were a greate number of Archebishoppes and other Bishoppes and also may of the nobles and states of the Empyre In this Councell a statute or Decree was made by common consente That from hencefoorth none shoulde be Pope onelesse he were created by the consent of the Emperour accordinge as the custome had bene of longe and auncient time This worthy Emperour whom the Chroniclers call Christianissimum moste Christian for his zeale towardes Goddes Churche endeuored not without great perill to him selfe and his estate to reteine the iurisdiction due to the Princes and thereby to refourme the horrible disorders that were growen so highe that they ouerwhelmed the Churche as in lyke sorte diuers other Emperours and Kinges bothe before and after had attempted but in vayne for the wealthy pride the fierce power and trayterous treachery of the Pope and his Prelates was so mighty violent and subtile that there was no earthly power able to withstande or matche with them And therfore Erasmus compteth the Popes of this time and those that folowed to be the Vicars and successours of Iulius Caesar of Alexander the the great of Croesus the ryche and of ●erxes the mighty rather then of Christe the onely Emperour gouernour of the Churche Bernarde calleth Eugenius 3. in his great pompe and pride rather the successour of Constantinus the highe Emperour then of Peter the humble Apostle And Abbas Vrspurg who lyued at this time when the Popes had spoyled the Emperour and other Princes welnighe of all iurisdiction rulinge all by theyr owne Decretalles nowe aboute this time set foorth as they listed maketh a lamentable complainte of the horrible pryde and couetousnesse of the whole clergie and concludeth with these woordes Gaude mater nostra Roma c. Reioyce O our mother Rome bycause the scluses of the hidden treasures in the earthe are opened that riuers and heapes of money maye flowe vnto thee in great abundance Be glad of the iniquitie of the sonnes of men bicause money is geuen to thee for the recompence of so great euilles Be mery and iocund for discordes sake which is thy helper bicause she is rushte out of the infernal pit that plētiful rewardes of money might be heaped vpō the thou hast that which thou hast alwaies thyrsted after synge pleasant balades for through mennes malitiousnesse not by thy Godlinesse thou hastouercome the worlde About this time the kinge of Cicilia and Apulia had a dispensation from the Pope for money to Inuesture Archebishoppes or Bishoppes with staffe or crosier rynge palle myter sandalles ●r slippers and that the Pope mighte sende into his dominions no Legate onlesse the kinge shoulde sende for him Our Englishe Chroniclers make report that the Kynges of this Realme hadde not altogeather leafte of their dealinge in Churche matters but continued in parte their Iurisdiction aboute Ecclesiastical causes although not without some trouble The Popes Legate came into Englande and made a councell by the assent of kinge William the Conquerour And after that in an other Councell at Winchester * were put downe many Bisshops Abbottes and Priours by the meanes and procurement of the Kinge The kinge gaue to Lanfranke the Archbisshoprike of Cantorb and on our Lady day the Assumption made him Archebishop On whit Sonday he gaue the Archbishoprike of Yorke vnto Thomas a Canon of Bayon When Thomas should haue béene consecrated of Lanfranke there fell a strife betwixt them about the liberties of the church of Yorke The controuersie beinge about Churche matters was brought and referred to the Kinges iudgement and Thomas by the Kinges commaundement was faine to come againe to Lanfranke to be sacred And afterwarde when there grew greater contention betwixt these twaine about Churche matters the Bishop of Rome remitted the matter to be determined before the Kinge and the Bisshoppes of Englande and so at Windesour before kinge VVilliam and the Cleargy the cause was treated Also an other cause was mooued before
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
Electiōs reseruations expectatiues Annates vnfit pastours pardons tythes the spiritual courtes c. beseching him to haue some redresse herein Who being moued with the admonitions aduisementes and exhortatiōs of the learned Clergy the godly Princes at the length called a councel at Triers Colayn for the redresse of these and other enormities in the yere of the Lorde 1512. whiche was the fourth yere of the reigne of the moste renoumed kinge of England king Henry the eight In this councel amongest other thinges bicause there was a suspicion of a Schisme breedinge and of greuaunces in the Church it was necessarily decreed that the Emperour and Princes electours with other Princes and states of Thempire should loke about them and wel consult by what meanes these greeues might be taken away most commodiously and the Schisme remoued and euill thinges reformed to edification It was decreed also against blasphemours to paie either a somme of money limited or to suffer death And that all men should know this decree it was thought good to the Princes and states of the Empire that al preachers and persones should at all high feastes preache vnto the people thereof faithfully This being doon Maximilian set forth a decrée for y e takinge away of the forsaid Ecclesiastical greuaunces wherein he declareth that though of clemency he haue suffered the Pope the Clergy herein as did his father Frederik Yet not withstanding sith that by his liberalitie the worshippe and seruice of God hath fallen to decaie it apperteineth vnto his dutie whome God hath chosen vnto the Emperial throne of Rome that amongest all other moste great businesses of peace and warres that he also looke about him vigilantly that the Churche perishe not that Religion decaie not that the worship of the seruice of God be not diminished c. In consideration wherof he prouideth that a man hauing in any citie a Canonship or Vicarship enioy not any prehende of an other Churche in the same citie c. making other decrées against suing in the Ecclesiasticall courtes for benefices for defence of Lay mens patronages for pensions against bulles and cloked Symony c. After this the Emperour Lewes the French king concluded together to call a general coūcel at Pise to the whiche also agreed a great part of the Popes Cardinals Many saith Sabellicus began to abhorre the Popes Courtes saying that all thinges were there defiled with filthy lucre with monstruous and wicked lustes with poysoninges Sacrileges murders and Symoniacall fayers and that Pope Iulius him selfe was a Symoniake a dronkarde a beaste a worldling and vnworthely occupied the place to the distruction of Christendome and that there was no remedy but a generall Councell to be called to helpe these mischiefes to the whiche his Cardinalles accordinge to his othe desired him but they coulde not obteyne it of hym Maximilian the Emperour being the authour of it with Lewes the Frenche king bicause the histories doo beare recorde that in times past the Emperours of Rome had wont to appointe councels they appointe a councell to be holden at Pyse Maximilian the Emperour Lewes the French king and other Princes beyonde the seas were not more carefully bent and moued by their learned men to refourme by their authoritie the abuses about Church matters thā was king Henry the eight at the same time king of Englande of most famous memory who following the hūble suites and petitions of his learned Clergy agreynge thereupon by vniforme confent in their conuocation toke vpon him that authoritie and gouernement in all maner matters or causes Ecclesiasticall which they assured him to belonge vnto his estate both by the worde of God and by the auncient Lawes of the Churche and therfore promised vnto him in verbo sacerdotii by their priesthood not to do any thing in their councelles wiehout his assent c. And this Clergie was not onely of Diuines but also of the wysest moste expert and best learned in the Ciuil and Canon Lawes that was than or hath been sence as D. Tonstal Bishop of Duresme D. Stokesley B. of Londō D. Gardiner Bishop of Wynton D. Thirleby Bishop of Westminster and after of Norwiche your olde maister D. Bonner who succeded Stokesley in the sea of Londō and many others by whose aduise consent there was at that time also a learn●d booke made published De vera differentia Regiae potestatis Ecclesiasticae whiche I doubt not but yée haue séen longe sythen Neither was this a newe deuise of theirs to please the king with al or their opinion onely but it was and is the iudgement of the moste learned Cyuilians and Canonystes that when the Cleargie are faultie or negligent it apperteyneth to the Emperour to call generall councelles for the reformation of the Churche causes as Philippus Decius a famous Lawyer affirmeth And the Glossator vppon this Canon Principes affirmeth that the Princes haue iurisdiction in diuers sortes within the Churche ouer the Cleargie when they be stubbourne ambitious subuerters of the faith falsaries makers of Schismes contemners of excommunication yea also wherein so euer the Ecclesiasticall power faileth or is to weake as in this Decree He meaneth where the power of the Churche by the woorde of doctrine preuaileth not therein must the Princes authoritie and iurisdiction take order for that is the plaine prouiso in the decrée The woordes of the decree are as followe The seculer Princes haue oftentimes within the Churche the highest authoritie that they may fence by that power the Ecclesiasticall discipline But within the Churche the powers of Princes shoulde not be necessary sauinge that that thinge whiche the Priestes are not able to dooe by the woorde of doctrine the power of the Prince may commaunde or obtaine that by the terrour of discipline The heauenly kingedome dooth oftentimes preuaile or goo forwarde by the earthly kingedome that those whiche beinge within the Churche doo against the faith and discipline may be brought vnder by the rigour of Princes and that the power of the Princes may lay vppon the neckes of the proude that same discipline whiche the profite of the Churche is not hable to exercise and that he bestowe the force of his authoritie whereby to deserue woorship Let the Princes of the worlde well knowe that they of duety shall rendre an accompte to God for the Churche whiche they haue taken of Christe to preserue For whether the peace and discipline of the Churche be encreased by faithfull Princes or it be loosed He doth exact of them an accompt who hath deliuered his Churche to be committed to their power To this effect also writeth Petrus Ferrariensis a notable learned man in y e Lawes saying Thou ignorant man thou oughtest to know that the Empire the Emperour ones in times past had bothe the swoordes to witte bothe the Temporall and Spirituall in so much that the Emperours then bestowed all the Ecclesiasticall
although you were in y e Tower in his time y t was not for any doubt you made of his Supremacie for that you still agnised but for other pointes of Religion touching the ministracion of the Sacramentes wherunto you also agréed at the last promised to professe preache the same in open auditory whersoeuer you should be appointed Wherupon a right woorshipfull gentleman procured your deliueraunce foorth of the Tower and so were you at liberty neuer mencioninge any doubt in this matter but agnising the Princes Supremacie in causes Ecclesiasticall Wherefore I may saulfly say that the ignoraunce and wante of knowledge whiche you pretende in your Minor Proposicion is not of simplicitie and therfore must néedes be of wilfulnes or malice or mixte of bothe The way and meane wherby to haue this ignoraunce remooued you assigne with this issue that when I prooue vnto you by any of the fower meanes y ● any Emperour or Empresse King or Queene may take vppon them any suche gouernment in Spirituall or Ecclesiasticall causes then you wil yéelde take vpon you the knowledge therof be ready to testifie y e same by booke Othe Truely I haue often and many times prooued this same that you require by the selfe same meanes in such sort vnto you that you had nothinge to say to the contrary And yet neuerthelesse you continue stil in your wilfull and malicious ignorance whiche causeth me to feare that this sentence of the holy ghost wilbe verified in you In maleuolam animam non introibit sapientia Yet I will ones againe prooue after your desire euen as it were by puttinge you in remembraunce of those thinges whiche by occasions in conference I often and many times reported vnto you wherof I knowe you are not simply ignoraunt You require a proufe hereof that an Emperour or Emperesse Kinge or Quéene may claime or take vppon them any suche gouernment meanynge as the Quéenes maiestie our Soueraigne doth now chalendge and take vppon her in Spirituall or Ecclesiasticall causes For aunsweare I say they ought to take vppon them suche gouernement therefore they maye lawfully doo it The former parte is founde trewe by the whole discourse of the holy Scriptures bothe of the Olde and newe Testament by the testimony of the Doctours in Christes Churche by the generall Counsailes and by the practise of Christes Catholique Churche thorough out all Christendome The holy Scriptures describinge the condicions and propreties required in a Kinge amongest other doth commaunde that he haue by him the booke of the Lawe and doo diligently occupy him selfe in readinge thereof to the ende he maye thereby learne to feare the Lorde his God that is to haue the feare of God planted within him selfe in his owne harte to keepe all the woordes and to accomplishe in déede all the ordinaunces or as the olde translation hath it all the ceremonies by God commaunded that is to gouerne in suche sorte That he cause by his Princely authoritie his subiectes also to become Israelites To witte menne that see knowe and vnderstande the will of God Redressinge the peruersenes of suche as swerue from Goddes ordinaunces or caeremonies Whereuppon it is that God dothe commaunde the Magistrate that he make diligent examination of the Doctrine taught by any and that he doo sharpely punish bothe the teachers of false and superstitious Religion with the folowers and also remooue quite out of the waye all maner of euill The beste and most godly Princes that euer gouerned Goddes people did perceiue and rightly vnderstande this to be Goddes will that they ought to haue an especiall regarde and care for the orderinge and settinge foorth of Goddes true Religion and therefore vsed great diligence with feruent zeale to perfour●● and accōplishe the same Moses was the supreme gouernour ouer Goddes people was not the chiefe Priest or Bishop for that was Aaron whose authoritie zeale and care in appointinge and orderinge Religion amongest Goddes people prescribinge to al the people yea to Aaron and the Leuites what and after what sorte they shoulde execute their functions correctinge and chasteninge the transgressours is manifestly set foorth in his booke called the Pentateuche After the death of Moses the people as yet not entred and settled in the promised Lande the chardge of chiefe gouernment ouer Goddes people both in causes Temporall and Ecclesiasticall was committed to Iosue and not to Eleazar for to him belonged onely the ministration of the thinges belonginge to the Priestly office And to Iosue the Prince belonged the ouer sight both ouer the Priests and people to gouerne guide order appoint and direct eche estate in all thinges that apperteined to eche of their callinges Of the one yée séeme to haue no doubt at all the other is as plaine For at the appointment of Iosue the Priestes remooued the Arke of couenaunt and placed the same He did interprete vnto the people the spirituall meaninge of the twelue stones whiche they had taken by Goddes commaundement foorth of Iordan to be as Sacramentes or Signes He circūcised the children of Israell at the second time of the great and solempne Circumcision He calleth the Priestes commaundeth some of them to take vp the Lordes Arke other seuen of them to blowe seuen trompettes before the Arke appointeth to them the order of procéedinge He builded an aultar vnto the Lorde God of Israel accordinge to y e Lawe of God he sacrificed theron burnt sacrifices and burnt offringes He wrote there vpon the stones the Deuteronomy of Moses He redde all the blessinges and cursinges as they are set foorth in the booke of the Lawe And he redde all what so euer Moses had commaunded before al the cōgregation of Israel c. Last of al Iosue to shewe that causes of Religion did specially belonge to his charge and care maketh a long and a vehement oration vnto the Israelites wherin he exhorteth them to cleaue vnto the Lorde with a sure faithe a constant hope and a perfect loue obeiynge and seruinge him with suche seruice as he hath appointed in his Lawe And doth zelously and with great threates disswade them from all kynde of Idolatry and false Religion Dauid whom God appointed to be the pastour that is the king ouer Israel to feede his people did vnderstāde that to this pastoral office of a kyng did belong of dutie not only a charge to prouide that the people might be gouerned with iustice and liue in ciuill honestie peace and tranquilite publique and priuate but also to haue a special regarde and care to see them sed with true doctrine and to be fostered vp in the Religion appointed by God him selfe in his Lawe And therfore immediatly after he was with some quietnes setled in his royal seate the first thing that he began to refourme and restore to the right order as a thing y e apperteined especially to his princely charge and care
was Goddes Religion Seruice whiche had been decayed and neglected longe before in the tyme of king Saul For the better perfourmaunce whereof as the supreame gouernour ouer all the estates bothe of the Laytie and of the Clergie in all maner of causes after consultation had with his chief Counsailours he calleth the Priestes and Leuites and commaūdeth 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 solēpnitie 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 cōtinually 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 ▪ 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 cōtrouersies 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 fo●●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 cōmon praier and enioyned to them publiqu● 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
the Iudges and Senate had duely examined the causes they gaue sentence to depose Dioscorus and others So that this their iudgement seemed good to the Emperour to whome they referred the whole matter In the next action the Iudges and Senate after rehersal made what was done before do propounde vnto the Synode what matters were nowe to be consulted of and willeth them to make a pure exposition of the faith that without any sinister affectiō declaring that the Emperour and they did firmely kepe and beleue according to the faith receyued in the Nicen councell whereunto the Bishoppes also accorde and saieth that no man maketh or may attempt to make any other exposition Certeine of the Synode desired to heare the Symbol of the Nicen councell recited whiche the Senate and Iudges graunted vnto them After that it was agreed vpon by the whole Synode that Dioscorus should be deposed the Synode wryteth vnto the Emperous Valentinianus and Martianus saiynge in this fourme Greuous diseases neadeth both a stronge medicine and also a wise Physition For this cause therefore the Lorde oueral hath appointed your goodlines as the best and chiefe Physicion ouer the diseases of the whole worlde that you shoulde heale them with fitte medicines And you moste Christian Emperours receiuinge commaundement from God aboue other men haue geuen competent diligence for the Churches framing a medicine of concorde vnto the Byshoppes This thus in waie of Preface saide they declare what they haue done touchinge Dioscorus they shewe the cause and reasons that moued them therunto both that the Emperour shoulde consider his wickednes and also the sinceritie of their sentence In the fourth Action when the rehersal of all thinges passed before was done the Iudges and Senate asketh if all the Bishoppes agree whereunto they answered yea yea The Synode had requested the Iudges and the Senate to make suite to Themperour for fiue bishops which otherwise must be deposed as was Dioscorus whiche they did and made this relation vnto the Sinode That the Emperour perceiuinge the humble suite of the Synode dooth licence them to determine touchinge the fiue what they thought good admonisshinge them notwithstandinge to geue good heede what they did for that they must make an accompte to god of their dooinges In the fifth Action the Iudges willed the Synode to reade those thinges whiche were agreed vpon touchinge the Faith whereabout began a great contention one parte of them allowinge an other sorte disallowing that was redde amongst them The Iudges séeinge the exclamations and confusion that was amongst them appointeth a Committy choosinge foorth of sundry partes a certaine number to goe aside with the Iudges to make a resolution When they preuailed nothinge they threatened the whole Synode that they would signifie these disordered clamours vnto the Emperour whiche they did The Emperour immediatly of his Supreme authoritie appoincted the order of Committies whiche the Iudges had deuised before geuing them in commandement that goinge aside by them selues they should consult and conclude a trueth in Faith with suche plainnesse that there might no more doubtes arise thereof whereunto al shoulde agrée The Synode obeyed and folowed the Emperours directiō the Committies with the Iudges goeth aside into a secrete place maketh conference concludeth and commeth againe into the Synode reciteth their determination whereunto the whole Synode gaue their consent and so the Iudges commaundeth that this their definition should be shewed vnto Themperour The Emperour commeth into the Synode place in his owne persone with Pulcheria his nobles and Senatours and maketh vnto the Synode an Oration of this effect He careth for nothing so muche as to haue all men rightly perswaded in the true Christian faith He declareth the occasions why he sommoned the Synode He cōmaundeth that no man be so hardy hereafter to hold opinion or dispute of the Christian faithe otherwyse than was decreed in the first Nicen councell he chargeth them therefore that all partaking contention and couetousnes laide apart the onely truthe may appeare to al men He declareth his cōming into the Synode to be for none other cause then to confirme the fayth and to remoue from the people in tyme to come all dissention in Religion And last of all he protesteth this to be his whole care and study that all people may be brought into an vnitie and vnifourme agreement in pure Religion by true and holy doctrine The chiefe Notarie humbly asketh of the Emperour if it will please him to heare their definition redde The Emperour willeth that it should be recited openly he enquireth of them all if euery man consented thereunto they answere that it is agreed vpon by all their consentes Whereunto they adde many acclamations commending the worthines of his Emperiall gouernement concluding By thee O woorthy Emperour the right faith is confirmed haeresies banished peace restored and the Churche refourmed After these acclamations the Emperour doth openly declare vnto the Synode a statute whiche he maketh to cut of and put away from thencefoorth al maner occasion of contention about the true faithe and holy Religion The whole Synode desireth the Emperour to dissolue the councell and to giue them leaue to departe whereunto the Emperour woulde not consent but commaundeth that none of them depart Bassianus of late the Bishop at Ephesus complaineth vnto the Emperour to directe his letters to the Synode to haue his cause hearde The Emperour commaundeth the Synode to heare the matter The Iudges commaundeth Stephanus Byshop of Ephesus to make aunswere vnto Bassianus his complaint After due examination had by the Iudges openly in the Synode in this controuersie the Iudges asked of the Synode what they iudged to be doone The Bishops adiudged Bassianus to be restored But the Iudges appointed by the Emperour woulde not alowe that sentence but deemed neither of them bothe worthy to occupy that Byshoprike and that there should be a thirde chosen and admitted to that sea to the whiche iudgement the whole Synode did accorde After the ende of this councell the Emperour doth confirme the determination thereof by his publique Decree This Synode being finished the Emperour banished Dioscorus into the Cytie of Gangren Whiche thyng doon The Nobles of the Cytie sayth Liberatus assembled together to chose one bothe for life and learning worthy of the Byshoprike for this was commaunded by the Emperours Decrees At the length Proterus was made Bishop against whom the sedicious people raysed one Timotheus Hellurus or Aelurus who in conclusion murthered Proterius The catholique Bishoppes whiche mainteined the Chalcedon councell made humble supplication vnto Leo the Emperour both to reuenge the death of Proterius and also to depose Timotheus Hellurus as one not Lawfully instituted in the Bishoprike on the cōtrary parte other Bishoppes make supplication vnto him in the defence of Timotheus and against the Chalcedon councell When Leo the Emperour had considered the matter of both their supplications for good
booke in Lombardy letters hauinge this inscription Capitula Caroli Then followeth an Epistle beginning thus I Charles by the grace of God and of his mercy the Kinge and gouernour of the kingdome of Fraunce a deuout defendour of Goddes holy Churche and an humble healper thereof To al the orders of the Ecclesiastical power or the dignities of the secular power greetinge And so reciteth al those Ecclesiasticall Lawes and constitucions whiche I haue writen before in Charles the great To all whiche saith Quintinus as it were in manner of a conclusion are these woordes put to I will compell all men to liue according to the Canons and rules of the Fathers Lewes the Emperour this Charles Sonne kept a Synode wherein he forbadde all Churchemen sumptuousnes or excesse in apparaile vanities of iewelles and ouermuche pompe Anno Christi 830. He also set forth a booke touchinge the manner and order of liuinge for the Churchemen I doubt not saithe Quintinus but the Churche shoulde vse and shoulde be bounde to suche lawes meaninge as Princes make in Ecclesiasticall matters Pope Leo. 3. saith he beinge accused by Campulus and Paschalis did purge himselfe before Charles the great beinge at Rome and as yet not Emperour Can. Auditū 2. q. 4. Leo. 4. offereth him selfe to be refourmed or amended if he haue done any thinge amisse by the iudgement of Lewes the Frenche kinge beinge Emperour Can. Nos si incompetenter 2. q. 7. Menna whome Gregory the great calleth moste reuerende brother and fellow Bishop beinge nowe already purged before Gregory is commaunded a freshe to purge him selfe of the crime obiected before Bruchinild the Queene of Fraunce Ca. Menna 2. q. 4. In whiche quaestion also it is redde that Pope Sixtus 3. did purge him selfe before the Emperour Valentinian Can. Mandastis So also Iohn 22. Bishop of Rome was compelled by meanes of the Diuines of Paris to recante before the Frenche Kinge Philippe not without triumphe the whiche 10. Gerson telleth in a Sermon De Pasc The Popes Heresie was that he thought the Christian Soules not to be receiued into glory before the resurrection of the Bodies Cresconius a noble man in Sicilia had authoritie or power geuen him of Pelagius the Pope ouer the Bishoppes in that Prouince oppressinge the Cleargie with vexations Can. Illud 10. q. 3. The whiche Canon of the law the Glossar doth interprete to be writen to a secular Prince in Ca. Clericum Nullus 11. q. 1. The Abbottes Bishops and the Popes themselues in some time paste were chosen by the Kinges prouision Ca. Adrianus 63. dist And in the same Canon Hinc est etiam 16. q. 1. Gregorius wrote vnto the Dukes Rodolph and Bertulph that they shoulde in no wise receiue priestes defiled with whoredome or Symony but that they should forbidde them frō the holy Mynisteries § Verum 32. dist in whiche place the interpretours doo note that Laymen sometimes may suspende Cleargymen from their office by the Popes commaundement yea also they may excommunicate whiche is woorthy of memory Hetherto Quintinius a learned lawyer and a great mainteinour of the Popes iurisdiction hath declared his opinion and that agreeable to the Popes owne Lawes that Princes may take vppon them to gouerne in Ecclesiasticall matters or causes Besides these Lawyers this was the common opinion of the chiefest writers of the common Lawe of this realme as appeareth by Braughton in these woordes Sunt sub rege c. Vnder the Kinge are both free men and bondemen and they be subiecte to his powre and are all vnder him and he is a certaine thing or creature that is vnder none but onely vnder God And againe in the chapiter the title whereof is this Rex non habe● parem c. The Kinge hath no peere or equall in his kingdome The kinge saith he in his kingdome hath no equall for so might he lose his precepte or authoritie of commaundinge sithe that an equall hath no rule or commaundement ouer his equall as for the Kinge him selfe ought not to be vnder man but vnder God and vnder the Lawe bicause the Lawe maketh a Kinge Let the Kinge therfore attribute that vnto the Lawe that the Lawe attributeth vnto him to wit dominion and powre For he is not a Kinge in whome will and not the lawe doth rule and that he ought to be vnder the Lawe Cum sit Dei vicarius sithe he is the vicar of God it appeareth euidently by the likenes of Iesu Christe whose vicegerent he is in earth and within a litle after he concludeth thus Igitur non debet maior esse eo in regno suo Therefore there oughte to be none greater then he in his kingedome Thus haue I sufficiently proued that the Emperours and Kinges ought haue and maye claime and take vpon them suche gouernemente in Spiritual and Ecclesiastical causes and matters as the Quéenes Maiestie now doothe In confirmation whereof I haue béene more large than otherwise I woulde but that the proufe hereof doth reprooue and fully answeare the principal matter of your whole booke and therefore I may vse more briefnesse in that whiche followeth I haue made proufe vnto you sufficient to remoue your ignorance both of the matter and the way whereby to knowe confessed by you in your Minor Proposition And this haue I done by the selfe same Meanes that you requyre in your issue I haue made proufe of the Supreame gouernment in Ecclesiastical causes to belonge vnto Kinges and Princes by the expresse commaundement of God where he did firste describe set foorth the duety and office of Kinges I haue made the same more plaine and manifest by the examples of the moste holy gouernours amongest Goddes people as Moses Iosua Dauid Saloman Iosaphat Ezechias Iosias the Kinge of Niniue Darius and Nabugodonosor who exprest this to be the true meaning of Gods commaundement by their practise hereof so highly commended euen by the holy Ghoste whereunto I haue added certaine Prophecies foorth of Dauid Esaie wherby it is manifestly prooued that the holie Ghoste dothe looke for exacte and challenge this seruice and Supreame gouernment in churche causes at Princes handes I haue declared that the Catholique Churche of Christe did accept and repute these histories of the olde Testament to be Figures and Prophecies of the like gouernment and seruice to be required of the Kinges in the time of the Newe Testament I haue confirmed the same by the manifest Scriptures of the Newe Testament Whervnto I haue adioygned the testimonies of aunciente Doctours with certain examples of most godly Emperours who beynge so taught by the moste Catholique Fathers of Christes Churche did rightly Iudge that the vigilant care ouersight and orderynge of churche causes was the chiefest and best parte of their Ministerie and seruice vnto the Lorde I haue shewed plainely by the order of Supreame gouernment in Churche causes practised set foorth and allowed in the greattest and best Councelles bothe Generall and Nationall that
the Kinge of the misorder of Thurstan whome the Kinge had made Abbot of Glastonbury by whose iudgement the Abbot was chaunged and tourned to his owne Abbay in Normandy but the Monkes scattered aboute by the Kinges hest After this the kinge bestowed many Bishoprikes on his Chaplaines as London Norwiche Chester Couentry c. And ruled both the Temporalty and the Spirytualty at his owne will saithe Polychronicon He tooke noman fro the Pope in his lande he meaneth that the Kinge woulde suffer no Legate to enter into the lande from the Pope but he came and pleased him he suffered no Councell made in his owne countrey without his owne leaue Also he woulde nothinge suffer in suche a councell but as he woulde assent So that in geuinge or translatinge of Spiritual promocions in geuing his assent to councels and suffring nothing to passe without his cōsent in hearing and determining Ecclesiasticall causes in restreining the Popes libertie without his speciall licence and in ruling the s●iritualtie at his owne wil king William sheweth plaine that he tooke him selfe for the supreame gouernour within this Realme in all maner of causes so well Ecclesiasticall as Temporall In like maner did his sonne William Rufus who made Anselme Bishoppe of Yorke and afterwardes translated him to Cantorbury But within a while strief and contention fell betweene him and Anselme for Anselme might not call his Synodes nor correct the Bisshops but as the king would the king also challenged the inuestiture of Bishoppes This king also forbad the paiyng of any money or tribute to Rome as saith Polychronicon The like inhibitiō made Henry the first and gaue Ecclesiasticall promocions as his auncestours had doone wherefore Anselme fel out with the king and would not consecrate suche Prelates as he beynge a Lay man had made but the Archebishop of Yorke did consecrate them and therefore Anselme fledde the Realme In an other councell at London the Spiritual condescended that the kinges officers should punishe Priestes for whoordome The cause of this decree as it seemeth was that a Cardinall named Ioannes Cremensis that came to redresse the matter after he had enueighed against the vice was him selfe the same nyght taken tardy In the whiche councell also saith Polydore the king prouided many thinges to bee enacted whiche shoulde greatly helpe to leade a Godly and blessed life After this the kinge called an other counsell at Sarisbury Sommoning thither so well the chief of the Clergie as the people and swore them vnto him and vnto William his sonne Whereupon Polydorus taketh occasiō to speake of the order of our Parliament though it haue a French name yet in deede to be a councell of the Clergy and the Laitie whereof the Prince hath a ful ratifiyng or enfringing voyce And not only saith he this king did make Bisshoppes and Abbottes whiche he calleth holy rites Lawes of Religion and Church ceremonies as other likewyse cal it Ecclesiasticall busines but the Princes of euery nation began euery where to claime this right vnto them selues of naming and denouncing of Bisshoppes the whiche to this daie they holde fast with toothe and nayle Also Martinus here noteth Vntill this time and from thence euen till our daies the king of Hungary maketh and inuestureth according to his pleasure Bisshops and other Ecclesiastical persones within his Dominions And here sithen I am entred into the noting of the practises of other countries in this behalfe I might not onely note the doinges about this time of Frederike king of Sicill and Iames the king of Spain his brother in reformation of Religion in their Dominions as appeareth in their Epistles writen by Arnoldus de noua Villa but also make a digression to the state of other partes in Christendom as of the Churches of Grece of Armenia of Moscouia c. that acknowledged not any but onely their Princes to be their supreme gouernours in all thinges next to Christe as especially also to note that most aunciēt part of Christendome southwarde in Aethyopia conteining 62. kingdomes vnder y e ruling of him whom we misname Presbyter Ioannes as who saye he were a Prieste and head Bishoppe ouer those Christian Realmes hauinge suche a power with them as the Popes vsurpation hath challenged here in Europe to be an head or vniuersall Priest and kinge If we may beleue Sabellicus who sayth that he hath bothe often talked with the marchauntes that haue their traffique there and hath also diuerse tymes enquired the matter by an interpretour of the inhabitauntes there borne they all saie that his name is neither Presbyter Ioannes nor Pretto Ianes but saye they his name is Gyā that is mightie and they marueile greatly what the Italians meane to call him by the name of Priesthoode But this they saie that all the suites or requestes euen of their greate Bisshoppes are brought before the kinge him selfe and that all their benefices or Spirituall promotions be obteined at his handes So that there beynge as Sabellicus telleth further an exceadinge great nomber of chiefe Prelates or Metropolitanes and vnder euery one Prelate at the least twenty Bishoppes all their sutes and causes Ecclesiasticall beyng brought vnto him and he the maker of all these Prelates Bishoppes and other Ecclesiasticall persones he is called ouer them all Clergie or Laye in all causes Ecclesiasticall or temporall Cyā the mightie that is the supreme Ruler and Gouernour and euen so hath continued sithen those partes were first Christened as they saye of Thomas Dydimus the Apostle vntill our time But this by the waye nowe from them to retourne to our owne countrey In England also king Stephan reserued to him self the inuestitures of the Prelates as likewise after him did Henry the seconde that made Thomas Becket Archebisshoppe of Cantorburie who thereat was sworne to the kinge and to his Lawes and to his Sonne In the ninth yeere of his reigne this kinge called a Parliament at Northampton where he entended reformation of many priuileges that the Clergie had and amongest these was one that although one of the Clergie had committed felonie murder or treason yea● might not the kinge put him to death as he did the Laye menne The whiche thinge with many other the kinge thoughte to redresse in the saide Parliament Thomas Becket resisted him but he mighte not praeuayle againste the kinge For well neere all the Bisshoppes of Englande were against him In the 17 ▪ ●ere of his reigne the king made a iourney into Ireland wherewith great trauaile he subdued the Iris he and after with the helpe of the Primate of Ar●●ch he refourmed the manners of the people and dwellers in that countrey and that in three thinges especially ●irst in rulinge and orderinge of the Churche by the Curates and howe they shoulde order their diuine Seruice and minister the Sacrament of matrimonie as it was in Englande and other Christian Regions The seconde was howe