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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A13964	The trial of trueth or a treatise vvherein is declared vvho should be iudge betvvene the Reformed Churches, and the Romish in which is shewed, that neither Pope, nor Councels, nor Fathers, nor traditions, nor succession, nor consent, nor antiquitie of custome: but the onely written worde of God, ought to determine the controuersies of religio[n]: wherin also is declared which is the true religion, and Catholick church. Written for the pleasure of the Popes, Cardinalles, prelates, abbots, monkes: and speciallie the Iesuites, which of late were driuen out of Transyluania, by the states there. Published in Latine by a certaine Hungarian, a fauourer of the trueth: and translated into English by Richard Smith.; Oratio de constituendo iudice controversiorum religionis. English.	Smith, Richard, tr.	1591 (1591)	STC 24274; ESTC S100745	49,352	68

the kingdome of heauen This promise of a heauenlie inheritance hath hee enrolled in the publique records of the olde and new testament and committed it to his heires being sealed with the seale of the Sacraments Now he hath annexed to these letters of his will certain conditions as a father to the performance whereof his heires should be bound Now the children falling at variance are deuided to omit the rest into two sides extremelie disagréeing among themselues The one acknowledgeth the Pope for their head and as it were the Executor of the will maker God the other acknowledgeth it not They striue for the possession of the kingdome of heauen and for the right of the true church which each side chalengeth as their due The Plaintife in this case is the Bishoppe of Rome with all those which take parte with the See of Rome The Defendantes are those which receiue not the Bishop of Rome but professe themselues Gospellers and men of the reformed religion Both of them bring their allegations their writings sealed with the kings seale and also their witnesses but both sides kéepe great stirre for the assigning of a Iudge For both desire that he should be appointed Iudge whom they hope would be more fauourable to their cause The Romish See would stande to the iudgement of the Popes traditions councels fathers and miracles and saith that yet neuerthelesse shee doeth not shutte out the worde of God The Gospellers on the other side refuse these Iudges for they alledge that the Pope cannot haue the place both of a partie and a Iudge too especiallie sith hee is charged with so many crimes Traditions they reiect as suspected Iudges and not of sufficient credite And as for Councels Fathers Myracles and succession of persons they say that they admitte them not as Iudges but as sworne witnesses wherein notwithstanding they protest that they wil so far foorth only receiue the authoritie of these witnesses as their euidence shall agrée with the publique déede The Sée of Rome accuseth the Gospellers for let mée with good leaue of both sides vse these termes that are now made common that they haue reuolted frō the true church inuented a new doctrine and newe ceremonies and haue but a fewe yeares since picked this quarrell with her and that therefore the kingdome and claime of heauen doeth belong not to them but to her by the lawe of God The Gospellers replie that they haue departed not from the true Church but from the Sinagogue of the malignant and that they haue not coyned a newe doctrine or newe ceremonies but that they holde that Religion by the which the faithfull euer since the beginning of the worlde haue beene saued That they were in déede of later yeares oppressed by their tyrannie as Abell was by Cain Isaak by Ismaell and Iacob by Esau so that they were compelled to hide themselues but that now they haue like the Moone recouered their light and that they will by lawe recouer their birth-right In this Court of sonnes going to lawe one with another there is great concourse and throng of people a great hurlie burlie and stirre ariseth they growe from wordes to blowes to murthers to burnings to warres to bloudshed and in a word to all kinde of torments Sometimes this side séemeth to haue the better hand sometimes that and the more that the Gospellers are suppressed tormented and burned the more doe they boast that they growe encrease preuaile and triumph In the meane season they protest that the matter ought to be tried not by violence but by course of lawe They appeale to God himselfe besides whō they say that they admitte none for chiefe and iudge That the Will maker himselfe may determine this controuersie by his holy word And that this may be the better done they appeale to a Generall Councell wherein it may be lawfull fréelie to reade and scanne the déede of the will and therehence to finde out the minde of the Will maker The See of Rome on the other side pleadeth that she hath not a fewe times assembled Generall Councels wherin the writings haue béene examined and found to haue geuen iudgement on her side for the title of the true Church The Gospellers denie that those Councels were generall and frée because the Papists would not permitte them fréely to geue an account of their faith neither would heare their defence but contrarie to all law either of God or man were themselues both parties and Iudges and con 〈…〉 their brethrens cause before they heard it or vnderstood it and therfore they protest that they haue not béene cast in their suite but will so long be heires of the possession bequeathed vnto them while they perfourme the couenants conteined in the publicke déede of the will according to the appointment of the will-maker And in the meane space they say that they are readie to waite for the righteous Iudge euen the Lorde Christ who shall come to iudge both the quicke the dead and to ende these long contentions in such sort that he will render to those y e shal ouercome the reward of eternall life but to those y e shalbe ouercome euerlasting condemnation Thus far onely haue both sides procéeded in iudgement Now then the question is to which party the inheritance of euerlasting life and the name of the true church is to be adiudged Surely the iudgement héer of peremptorily belongeth onely vnto Christ which he wil doo in that last iudgement court wherunto a thousand fiue hundred foure score and eleuen yéeres since he hath summoned all the worlde and which doubtlesse shalbe held before it be long But take héede O ye Kings Princes and inhabitants of the whole earth that in the mean time ye take parte with the better cause least if you be careles to decide this controuersie Christ héereafter doo mightilye iudge you in the last iudgement And that this may be doon by due form of law goe to I pray you shew your selues indifferent Iudges and condemne not a cause being not heard but if you haue heard the cause of the See of Rome with the right eare as was méet doo you likewise heare the doctrine of the Gospellers with the lest least ye be found farre vnlike y e great Alexander who heard y t speech of the accuser with the right eare but kept the left eare stopped for the defence of the accused First therefore I will rehearce the iudgement of both parties out of the writings of them both worde for worde neither trust me will I adde or diminish any thing which is not to be found in the same forme of words in the bookes of both sides Next I will shewe the reasons wherefore the Gospellers doo refuse to admitte for Iudges the popes themselues the Councels fathers traditions other such like witnesses but would haue all the controuersies of the Church to be discussed by the written woord of God And then if you

themselues for iudges of the controuersies of the Churche For otherwise the Gospellers say that they will make the Popes that answere which long since Pope Iohn the 23. receiued from the Grecians vnto whom when he had written that he alone was the head of the Church and Christs Uickar they replyed thus bréefely We doe throughly beleue thy power to be soueraigne ouer thy Subiects Thy great pride we cannot brook thy vnsatiable greedines we are not able to satisfie The Deuill be with thee because God is with vs. It remaineth that the gospellers shewe why and how far foorth they acknowledge not the councels for iudges And they say that they do this moued thereunto with most waightie causes For first there haue béene many councels which haue wonderfully erred not onely in manners but also in poynts of doctrine And thereof it came that not afewe times prouinciall councels were amended by generall councels and contrarie wise Generall councels corrected by national councels Moreouer euen the best councels that haue béene haue not handled all the articles of the faith but onlye a few controuersies which specially were tossed beaten in their daies Besides this it is manifest out of stories that euen in those goldē times such was partlye the pride partlye the wilynesse partlye the ignorance and partly the wickednes of some Bishops that not the spirit of God but the spirite of discord may séeme to haue béen president in their councels Finallye we read that in these last times such councels haue been held wherin wicked opinions and either vnprofitable or hurtfull ceremonies haue béen brought in established not by reasons or authoritie of the woord of God but by force armes The which things least any man might say to be spoken slaunderously and falsely it may be shewed by a breefe bedroule of the councels For if a man shall peruse the stories of olde times he shal finde this to be most true that euen as according to the old tradition of the house os Elias the whole time of the vistble world is deuided by two thousands For there shall be sixe thousand yeeres and then the burning of all thinges two thousand voide two thousand vnder the Lawe two thousand the daies of Messias and for our sins which are manye and great there shall be wanting the yeeres that shall be wanting So likewise is the time of Messias deuided into thrée Circuits or portions within the which also almost all Kingdomes do féel an alteration Within these thrée circles the true religion and Catholick Church is found to weare and waxe like to the Moone For for the space of fiue hundreth yéeres after Christ although there fell out great contentions about the Sonne of God and other weightie matters by Ebion Cerinthus and others yet did the trueth preuaile and for the space of whole fiue hundred yéeres the Church flourished and continued as it were at the full moone For within this compasse there fel the four first Sinodes or assemblies of the Apostles and afterwards the foure generall councelles Wherof the first being called togither by Constantine the great condemned Arius The second helde at Constantinople assembled by Theodosius confuted the Macedonians The thirde kept at Ephesus summoned by Theodosius the second the Sonne of Archadius condemned Nestorius The fourth celebrated at Chalcedon commaunded by Martianus condemned Eutiches The créedes of these foure generall councels as expositions of the faith the reformed Church dooth willingly imbrace For they are grounded vpon the foundation of the holye Scriptures themselues But in the fiue hundred yéers next following errour did so wrastle with trueth that assoone as men had once stepped somewhat aside from the path of the Scriptures by and by many buddes of false opinions and hurtful ceremonies sprung vp and grew more and more For in the first general councell held at Constantinople assembled by the Emperour Iustinian they were confuted that said that the body of Christ was incorruptible In the sixt which Constantine the first surnamed Barbatus called together in the same place the Monothelites were condemned But the councels that afterwardes followed almost all of them decréee matters either childish or else flat contrarie to the word of God For in the seuenth general councel which at the commaundement of the Empresse was adiourned from Constantinople to Nice it was decreed not by the word of God but by mayne force of an armie leuied out of Thracia that images should be honoured and worshipped And in they eighth general councel which when Basilius was Emperour was assembled at Constantinople when Adrian Bishoppe of Rome had sent his deputies or Leuetenants thither and commaunded that the Church of Rome should be the head of other Churches and that the common people should be debard from all choise of their ministers there grew an inward grudge betwéene the Latin and Gréeke Churches for the supremacie which continueth euen vntill this day But in the other fiue hundred yeares that remayne there followed such councells wherein we see almoste no good thing but all wicked and fonde thinges rather established At the councell of Ments for let me out of each of these hundreds picke and cull foorth one sinod a péece for the manifesting of the matter whereat both the Pope and the Emperour were present with an hundred and thirtie Bishops there was consultatiō for the forbidding of priests marriage In the councel held at Brixia which was called by the Emperour Henry Gregorie the seuenth for his villanies before mentioned was deposed In the councell of Papia when the Emperour Fridericke would haue refourmed the election of the Popes there arose a schisme of twentie yeares continuance which lasted till the Pope had troad vpon the Emperours necke at Uenice In the councell of Lions Innocentius the fourth made an act against the Emperour Henrie the second and authorized the Cardinals to were red Caps and ride on horses At the counsel of Uienna in France Clemens the first did solemnly publish his Clementine constitutions which although at his death he had cōmaunded to be burned as those wherein he knewe there were many snares and errours yet Iohn the two and twentieth his successour did againe confirme and rati●●e them Sigismund the Emperour called a generall councell at Constance wherein Iohn the thrée and twentieth was deposed There were mooreouer burned at it contrarie to solemne promise Iohn Hus and Ierome of Prage because they held the opiniō of Iohn wickliefe the Englishman who taught both many other pointes agréeable to the word of God and also that the Lordes supper should be ministred whole without the dreame of consubstantiation There was a councel assembled at Basil when the same Sigismund was Emperour wherein it was decréed that the Popes ought to be subiect to the councels Which whē it disliked Eugenius hee remoued the councell first to Bononia and then to Ferraria and

THE TRIAL OF TRVETH OR A TREATISE WHEREIN is declared vvho should be Iudge betvvene the Reformed Churches and the Romish IN WHICH IS SHEWED THAT NEIther Pope nor Councels nor Fathers nor Traditions nor Succession nor consent nor antiquitie of Custome But the onely written worde of God ought to determine the controuersies of religiō wherin also is declared which is the true Religion and Catholick Church WRITTEN FOR THE PLEASVRE OF THE Popes Cardinalles Prelates Abbots Monkes and speciallie the Iesuites which of late were driuen out of Transyluania by the States there Published in Latine by a certaine Hungarian a fauourer of the trueth● and translated into English by RICHARD SMITH Imprinted at London for Robert Dexter are to be sold in Pauls Churchyard at the signe of the Brasen Serpent 1591. VIRO OPTIMO ACINTEGERRIMO GVILIELMO PERIAM ARMIGERO TRIBVNALIS SIVE BANCI COMMVNIS AC COMITIORVMIVDICIALIVM VVL GO ASSISARVM IVSTICIARIO REGIO RICHARDVS SMITHVS GRATI ANIMI TESTIFICANDI CAVSA HANCSVAM QVALEMCVMQVE OPELLAM DICAT CONSECRATQVE A TREATISE CONCERNING THE APPOINTING OF A IVDGE OF THE CONTROVERSIES both of the Popish and Reformed Religion HOw not onlie odious and disdainful but also dangerous a matter it is in thes● daies to meddle with the controuersies of religion Gentle Reader both the crueltie of many mightie ones and also the broiles stirres betwéene man and man doe too too much declare For such is the blindenes of men and so great is their rashnes to runne and rush on to their own destructiō that as there was neuer any nation so rude but would haue taken it in euill part to be instructed in religion So at this day a man shall finde many which haue so hardened themselues in that religion wherein they were borne which their forefathers haue obserued which they see to make for their dignities and aduauncement and which they perceiue to be mainteyned by the greater part of men that they wil not endure once to heare the iudgement and doctrine of the contrarie side but contrarie to all law both of God and man doe condemne shunne and abhore it being neither heard nor vnderstoode by them Moreouer certaine Epicures and graceles men also do not a little trouble the godlie which growe to such outrage that they thinke they deserue great commendation if they can conceale and hide their owne iudgement in the matter of saluation and scoffe and frumpe at all religion of other men Hereunto is added the presumption of the Popes Cardinals Bishops and other Prelates who although they sée that many corruptions both of doctrine and also of ceremonies and discipline are crept in yet they accounte it an hainous offence if any man not content with their generall and confused faith dares to examine the doctrine of men by the rule of the Prophets and Apostles writinges and by searching the Scriptures to séeke out the way of saluation in them Which things although they thus stande yet ought all the godlie to be strengthened in minde and encouraged against so many offences to yeelde a reason of their beléefe to the ende that both the wicked maie be made vnexcusable before Gods iudgement seate and that those which not so much vpon froward malice as by reason of their first trayning vp or following of their forfathers or finally through loue of preferments haue condemned sincere doctrine that such I say may not sticke to let themselues be ouercome with the mightie worde of God For Ezechias a most religious prince is commended because neither by the example of his father Achas professing a contrarie religion neyther by that bringing vp which he had from his cradle nor by the highnes of his Royall state nor finallie by the president of other kings and multitude of men following an other contrarie religion hee could be withdrawen and discouraged from learning himselfe the sincere religion out of the wel-springs of Israel that is to say out of the word of God conteined in the writings of the Prophets or from enioyning his Subiects to obserue and practise the same when he had learned it himselfe and caused it to be purged from all corruptions For he had learned the commaundement of the Lord wherein he geueth in charge that all the faithfull be bound not to walke in the commandementes of their fathers nor to doe their iudgements but to walke in the precepts of the Lord only and to kéepe and do his iudgements Neither ought the credite either of traditions or of Councels or Fathers or myracles or succession no nor of an Angell from heauen to withdrawe any man from this searching and perusing of the word of God for it was no lesse wiselie then rightly said More credite is to be geuen to one skilful in the Scriptures and alleadging the catholique authoritie of the Canonicall Scripture then either to the exposition of the Pope or to a generall Councel By all this therefore it is manifest how not onelie harde but also dangerous a thing it is to deal in the matter of religion Which charge if I had taken vpon me being not forced with any necessitie to speake but moued thereunto eyther with vaine-glorie or foolish rashnes doubtlesse I could not auoide iust reproofe But now sith I haue stepped foorth to speake not voluntarilie but by constraint addressed thereunto not with ambition but with loue of the trueth not vnaduisedly but vpon good deliberation not with slaunders and cauilles but with authoritie of the word of God Truely I nothing feare that this my honest meaning to mainteine the trueth should be imputed to me as a faulte Onely this I request you gentle Readers whosoeuer are desirous of eternall life that you bring not hether any preiudice or forestalled opinion that you condemne not a cause vnheard contrarie to all lawe both of God and man and that you leane not to any authoritie or excellencie of men but compare matter with matter reason with reason argument with argument by the rule of the worde of God neither doe you consider the person that speaketh but the matter that is spoken with a godly desire to learne out the truth And then I will not sticke to abide the curteous censures of the good that if it be prooued that these thinges are agréeable to the trueth of God yee may yéeld vnto the Lord if not ye may refusé them as things contrarie to the heauenlie oracles or testimonies of the word But that I may not séeme to roue from the matter I wil prescribe certaine bounds which neither I in speaking nor you in reading may ouer-passe But before this be done I will first set downe the whole state of the matter Hearken ye kings and Princes and all ye inhabitants of the world There is a great controuersie in hand For almightie God the most gracious father of all the faithfull hath promised to all men that beleeue as to his children beloued in his onely begotten sonne he hath promised to them I say

from thence to Florence whereas although Iohn Palaeologus the Emperour of the Grecians vpon hope of succour against the Turkes and the Russians also did promise obedience to y e Sée of Rome yet notwithstanding afterwards when they were returned whome the rest for good causes would not agrée to them there could be no peace concluded with the Pope At length also Iulius the second called a councel at Laterane and Paule the third at Trent in the which because they procéeded not according to the rules prescribed in the worde of God therefore the Gospellers affirme that they are not bound to their decrées By all which it appeareth what manner of councels haue béene kept in these later hundred yeares For as for the contrarietie of councels it is the easiest matter of a thousand to shew it For the councel of Chalcedon condemned Eutiches the councel of Ephesus alowed him the counsel of Nice condemned Arrius the councel of Sardice Smirna and Millan defended him The Councel of Africa whereof Cyprian was moderator decréed that those which had béene baptized by Heretikes should be baptized anew the Councell of Carthage forbade it The Councell of Ephesus celebrated when Celestinus was Pope allowed men to communicate both kindes in the Sacrament the Councell of Constance vnder Iohn the thrée and twentie and of Laterane vnder Innocentius the thirde did forbid it The Councel of Chalons confirmeth sacrifice for the dead the Councell of Carthage forbiddeth it The Councel of Anchira Nice Grangren Toledo and Illiberis allowe the mariage of Ministers the Councell of Neocesaria Chalcedon Agatha and sundrie others forbidde it The Councell of Toledoe permitteth Concubines the thirde Councell of Carthage and the Councell of Basill vnder Eugenius the fourth condemne them The Councell held by Alexander forbiddeth men to heare the masse of a priest that kéepeth a concubine but the Councell kept vnder Lucius the third tollerateth it The Councell of Gangrene condemneth those that thrust● newe ordinances vppon the people the sixth Councell of Constantinople alloweth it The Councell of Toledoe in the eleuenth Cannon forbiddeth Images the sixth Councell of Constantinople and many others confirme and approue them What needes more wordes The Councell of Africa disalloweth the Popes supremacie the sixth Councell of Chalcedon and diuers moe allowe it The Councell vnder Gelasius made a decree against Transubstantiation the Councell of Florence vnder Victor the seconde and of Laterane vnder Innocentius the thirde establish it Beholde the authoritie of Councels behold their agréement And these are the reasons why the Gospellers will not simply admitte the Councels for Iudges in the controuersies of Religion but as sworne witnesses and that too so farre foorth onelie as their depositions shall agrée with the déede of the will and the meaning of the will maker whiche is the Lord God Wherefore Augustine doth verie well aduise that in controuersies of the Churche wee followe not the authoritie of the Councell either of Nice or of Ariminum as a guide sith wee are not bounde thereunto but that rather matter may bee compared with matter cause with cause and reason with reason by the authoritie of the Scriptures For more credite is to bee giuen to a man of the common sorte that speaketh the trueth accordyng to the Scriptures then to a generall Councell that bringeth a lye against the Scriptures There remaineth the third kynde of Iudges namelie the auncient Fathers But the Gospellers say they can not absolutelie admitte these neither for Iudges For first they say that there are verie fewe that are verie auncient which notwithstanding haue also most plainlie declared that they may erre And againe they alledge that the age after ensuing was so generally ouertaken and stronglie possest with a false persuasion and opinion concerning prayer to the dead building of Churches superstitious celebrating the memoriall of martyrs allegoricall and misticall exposition of the Scriptures single life moncherie and a multitude of ceremonies that many Bishops partlie of ignoraunce partlie of couetousnesse partlie of vayne glorie and finallie partlie of méere wickednesse were so farre from stopping and repressing that they rather countenaunced and supported all these errours This might be proued by many examples but a fewe will serue for the clearing of the matter The godly imbrace Tertulliā so farre forth as out of the written word of God he confuted Marcion and Praxeas who denied both the Godhead and manhoode of Christ But in that hee maintaineth the errours of the Millenaries and condemneth second mariages therein they iudge that he erreth Cyprian was of sound iudgement in the doctrine of the holie Trinitie of the Baptisme of infants and vse of the Lordes Supper but he erreth in this that he decréed that those which had bene Baptised by heretickes should bee Baptiséd agayne and did too ouerlashinglie extoll virgiuitie and sette-penaunce Basill iudged aright of the Trinitie of repentaunce and iustification but herein hee is not without fault that hee first set vp societies of Monckes which are now thought to haue growen too farre out of kinde from their first institution Gregorie Nazianzene writ many thinges well but hee was ouershotte in this that hee seemeth to hold prayer to Saintes Chrisostome handled manie matters excéeding well but when hee stretcheth his eloquencie to extoll vowed Pilgrimages and prayer for the dead hee is iudged to erre Ambrose writ not a fewe things verie religiouslie of the Trinitie and of the doctrine of iustification but the reformed Church doth reiect those counterfeit and forged bookes which go abroad vnder his name Ierome did very good seruice to the Church when he disputeth that our regenation is not wrought by the strēgth of our frée will but not withstāding in the meane while he erreth most grossely shamefully in this that he so disprayseth mariage that hee calleth her a whore which marieth the second time Augustine the most sincere of all the old fathers deserueth very wel of the Church while he confuteth the Arriās Manicheis Donatists Pelagiās by the word of God but whereas he staggereth about Purgatory vowes therein he is thought not to haue takē counsell with y e word of God Gregory iudgeth rightly whē he said he was Antichrist that sought to be called Vniuersal Bishop but he erreth very fearefully while he pulleth asunder the lawfull mariages of the Ministers of Gods word when he saith it is vnlawfull to renounce a solitarie life and while hee is induced by night apparitious and visions to allowe of doctrines contrarie to thé word of God And now howe should the Gospellers absolutelie admitte the fathers for iudges when as the playntiefes them selues doe not allowe and obserue all their sayinges Ambrose saith that when we haue performed the duetie of common ciuilitie towardes the dead in burying them we should then let them alone Gelasius saith that the substaunce of