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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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authoritie in these causes had been aboue the Emperours he needed not with suche lowlynes and so many teares to haue besought the Emperour to haue reuoked his decree and edict Within a whyle after this Iohn was Agapetus Pope whom Theodatus the kynge sent on his Ambassage vnto the Emperour Iustinianus to make a suite or treaty in his behalfe When the Emperour had enterteined this Ambassadour with muche honour and graunted that he came for touching Theodatus he earnestly both with fayre wordes and foule assayled this Pope to brynge him to become an Eutychian the which when he could not wynne at his hande beyng delighted with his free speeche and constancie he so lyked hym that he foorthwith deposed Anthemius Byshoppe of Constantinople bycause he was an Eutychian and placed Menna a Catholique man in his rowme Agapetus dyed in this Legacy in whose rowme was Syluerius made Pope by the meanes or rather as Sabellicus sayth by the commaundement of the kinge Theodatus the whiche vntill this time was wont to bee doone by the authoritie of the Emperours sayeth Sabellicus for the reuenge whereof Iustinianus was kindled to make warres against Theodatus Syluerius was shortlye after quarrelled withall by the Empresse through the meanes of Vigilius who sought to bee in his rowme and was by the Emperours authoritie deposed The whiche acte although it were altogether vniust yet declareth it the authoritie that the Prince had ouer the Pope who lyke a good Byshoppe as he woulde not for any threates doo contrary to his conscience and office ▪ so lyke an obedient subiecte he acknowledged the Prynces authoritie ▪ beynge sent for came beinge accused was ready with humblenes to haue excused and purged hym selfe and whan he coulde not be admitted therunto he suffred him selfe obediently to be spoyled of the Bishoplike apparayle to bee displaced out of his office and to be clothed in a Monasticall garment The same measure that Vigilius did giue vnto Syluerius he him selfe beyng Pope in his place receyued shortly after with an augmentation for he was in like sorte within a whyle deposed by the Emperours authoritie bicause he would not kepe the promise whiche he had made vnto the Emperesse and was in moste cruell wise dealt with all whiche crueltie was the rather shewed to him by the meanes and procurements as Sabellicus noteth of Pelagius whom Vigilius had placed to be his Suffragan in his absence About this tyme Epiphanius Bishop of Constantinople as Liberatus saith died in whose rowme the Empresse placed Anthymus About whiche time was great strife betwene Gaianus and Theodosius for the Bishoprike of Alexandria and within two monethes saith Liberatus the Empresse Theodora sent Narses a noble man to enstall Theodosius and to banishe Gaianus Theodosius beinge banished the sea was vacant wherunto Paulus who came to Constantinople to pleade his cause before the Emperour against certeine stubborne monkes was appointed and he receiued saith Liberatus authoritie of the Emperour to remoue heretiques and to ordeine in their places men of right faith This Paulus was shortely after accused of murther whereupon the Emperour sent Pelagius the Popes proctour liyng at Constantinople ioyning vnto him certeine other Bishoppes with commission to depose Paulus from the Bishoplike office whiche they did and they ordered for him zoilus whome afterwarde the Emperour deposed and ordered Apollo who is nowe the Bishop of Alexandria saith Liberatus Certeine Monkes met with Pelagius in his retourne from Gaza where Paulus was deposed towardes Constantinople bringing certeine articles gathered out of Origenes workes minding to make suite vnto the Emperour that both Origen and those articles might be condemned whome Pelagius for malice he bare to Theodorus Bishop of Caesaria in Cappadocia an ernest fautor of Origen did further all that he might Pelagius therfore doth earnestly entreate the Emperour that he would commaunde that to be doone whiche the Monkes sued for to witte that Origen with those articles shoulde be damned The whiche suite the Emperour graunted beinge gladde to geue iudgement vppon suche matters and so by his commaundement the sentence of the great curse against Origen and those Articles were drawne foorth in writing and subscribed with their handes and so sente to Vigilius the Bishop of Rome to zoilus Bishop of Alexandria Euphemius of Antioche and Peter Bishop of Hierusalem These Bisshops receiuinge this sentence of the curse pronounced by the Emperours commaundement and subscribinge thereunto Origine was condemned beinge dead who before longe agoe on liue was condemned When Theodorus Bishop of Caesarea in Cappadocia herde of this condemnacion to be reuenged he laboured ernestly with the Emperour to condemne Theodorus Mopsuestenus a famous aduersarie of Origen the whiche he brought to passe by ouermuche fraude abusinge the Emperour to the great slaunder and offence of the Churche Thus in all these Ecclesiasticall causes it appeareth the Emperour had the chiefe entermedlinge who although at the laste was beguiled by the false Bishoppes yet is it woorthy the notinge by whome this offence in the church came which appeareth by that that followeth I beleeue that this is manifest to all men saith Liberatus that this offence entred into the Churche by Pelagius the Deacon and Theodorus the Bishoppe the whiche euen Theodorus him selfe did openly publis he with clamours cryinge that he and Pelagius were woorthy to be brente quicke by whome this offence entred into the worlde This Pelagius as yet was but Suffragan or proctor for the Pope who afterwarde in the absence of Pope Vigilius his maister crepte into his sea in the middest of the broiles that Totylas kinge of the Gothes made in Italy when also he came to Rome In the which history is to be noted the Popes subiection to Totylas whome humbly on his knées he acknowledged to be his Lorde appointed therto of God and him selfe as all the rest to be his seruaunt Note also howe the kinge sent him Embassadour what chardge and that by Othe of his voyage of his message and of his returne the King streightly gaue vnto him howe buxomely in all these thinges he obeyed How last of all towarde the Emperour beinge commaunded by him to tell his message he fell downe to his féete and with teares both to him and to his nobles he ceased not to make moste lamentable and humble supplication till without spéede but not without reproche he had leaue to returne home But least you should take these thinges to set foorth that Princes had onely their Iurisdiction ouer the Ecclesiasticall persones and that in matters Temporall and not in causes Ecclesiasticall marke what is writen by the Historians Platina amongest the decrées of this Pope Pelagius telleth and the same witnesseth Sabellicus that Narses the Emperours other deputie Ioyntly with Pelagius did decree that none by ambition shoulde be admitted to any of the holy orders Pelagius more ouer writeth vnto Narses desiringe him of his ayde againste all the Bishoppes of Liguria
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 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
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
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
the Clergy and the people elected Gregory the firste called afterwardes the great But the custome was saithe Sabellicus which is declared in an other place that the Emperours should ratifie by their consent the election of him that is chosen Pope And to stay the Emperours approbation saith Platina he sente his messengers with his letters to beseeche the Emperour Mauritius that he woulde not suffer the election of the people and clergy to take effecte in the choyse of him c. So muche did this good man saithe Sabellicus seekinge after heauenly thinges contemne earthly and refused that honour for the whiche other did contende so ambiciously But the Emperour beynge desirous to plante so good a man in that place woulde not condescende to his request but sent his Embassadours to ratifie and confirme the election Richaredus Kyng of Spaine rightly taught and instructed in the Christian faithe by the godly and Catholique Bishoppe Leander Bishop of Hispalis did not onely bringe to passe that the whole nation shoulde forsake the Arianisme and receyue the true faithe but also did carefully study howe to continue his people in the true Religion by his meanes newely receiued And therefore commaunded all the Bishoppes within his Dominions to assemble togeather at Toletum in the fourth yéere of his reigne and there to consulte about stayinge and confirminge of his people in true faithe and Religion of Christe by godly discipline Whan the Bishoppes were assembled in the conuocation house at the kinges commaundement the king commeth in amongst them he maketh a short but a pithy and most Christian oration vnto the whole Synode Wherein he sheweth that the cause wherfore he called them together into the Synode was To repaire and make a newe fourme of Churche discipline by common consultation in Synode whiche had béene letted longe time before by the Hereticall Arianisme the whiche stay and let of the Arians haeresies it hath pleased God saithe he to remoue and put away by my meanes He willeth them to be ioyfull and gladde that the auncient manner to make Ecclesiasticall constitutions for the well ordering of the Churche is now thorough Gods prouidence reduced and brought againe to the boundes of the Fathers by his honorable industry And laste of all he doth admonishe and exhorte them before they beginne their consultation to faste and pray vnto the Almighty that he will vouchesaulfe to open and shewe vnto them a true order of discipline whiche that age knewe not the senses of the Clergie were so muche benūmed with longe forgetfulnes Whereuppon there was a three dayes faste appointed That doone the Synode assembleth the kinge commeth in and sitteth amongst them he deliuereth in writinge to bée openly redde amongest them the confession of his Faithe in whiche he protesteth with what endeuour and care beyng their king he ought not onely to study for him selfe to be rightly geuen to serue and please God with a right Faithe in true Religion but also to prouide for his subiectes that they be thoroughly instructed in the Christian Faithe He affirmeth and thereto taketh them to witnes that the Lorde hath styrred him vp enflamed with the heate of Faithe both to remooue and put away the furious and obstinate Heresies and Schismes and also by his vigilaunt endeuour and care to call and bringe home againe the people vnto the confession of the true faith and the communion of the Catholique Churche Further alludinge to the place of S. Paule where he saith that thorough his mynistery in the Ghospell he offreth vp the Gentiles vnto God to be an acceptable Sacrifice he saithe to the Bishoppes That he offreth by their mynisterie this noble people as an holy and acceptable Sacrifice to God And laste of all with the rehersall of his faithe he declareth vnto the Bishoppes That as it hath pleased God by his care and industry to winne this people to the faith and vnite them to the Catholique Churche so he chardgeth them now to see them staide and confirmed by their diligent teachinge and instructinge them in the trueth After this confession was redde and that he him selfe and also his Quéene Badda had confirmed and testified the same with their handes subscripcion the whole Synode gaue thankes to God with many and sundry acclamacions saying That the Catholique Kinge Richaredus is to be crowned of God with an euerlastinge crowne for he is the gatherer togeather of newe people into the Churche This Kinge truely ought to haue the Apostolique rewarde who hath perfourmed the Apostolique office This done after the Noble menne and Bishoppes of Spaine whome the woorthy Kinge had conuerted and brought to the vnitie of Faithe in the Communion of Christes Churche had also geuen their confession openly and testified the same with subscription the Kinge willinge the Synode to goe in hande to repayre and establishe some Ecclesiasticall discipline saithe to the Synode alludinge to S. Paules saying to the Ephesians to this effect That the care of a kinge ought to stretch foorth it selfe and not to cease till he haue brought the subiectes to a ful knowledge and perfect age in Christ and as a kinge ought to bende all his power and authoritie to represse the insolence of the euill and to nouris he the common peace and tranquilitie Euen so ought he muche more to study labour and be carefull not onely to bring his subiectes from errours and false Religion but also to see them instructed taught and trained vp in the trueth of the cleere light And for this purpose he dooth there decree of his owne authoritie commaunding the Bishoppes to see it obserued that at euery Communion time before the receipt of the same all the people with a loude voice together doo recite distinctly the Symbole or Crede set foorth by the Nicen councell When the Synode had consulted about the discipline and had agreed vpon suche rules and orders as was thought moste mete for that time and Churche and the kinge had considered of them he doth by his assent and authoritie confirme and ratifie the same and first subscribeth to them and then after him all the Synode This zelous care and carefull study of this and the other aboue named princes prouiding ruling gouerning and by their princely power and authouritie directing their whole Clergy in causes or matters Ecclesiasticall was neuer disallowed or misliked of the auncient fathers nor of the Bishoppes of Rome till nowe in the latter dayes the insaciable ambicion of the Clergy and the ouermuche negligence and wantones of the Princes with the grosse ignorance of y e whole Laity gaue your holy father the childe of perdicion the full sway to make perfect the mystery of iniquitie Yea it may appéere by an Epistle that Gregorius surnamed great Bishop of Rome writeth vnto this worthy king Richaredus that the Bishop of Rome did much cōmende this carefull gouernement of Princes in causes of Religion For he moste highly commendeth the doinges of
this moste Christian king He affirmeth that he is ashamed of hym selfe and of his owne slacknes when he doth consider the trauaill of kinges in gathering of soules to the celestial agayn Yea what shall I sayeth this Byshop of Rome to the king answer at the dreadfull doome when your excellencie shall leade after your selfe flockes of faithfull ones whiche you haue brought into the true faith by carefull and continuall preaching c. Although I haue medled and done nothing at all with you doing this altogether without me yet am I partaker of the ioye therof with you Neither doth Gregory blame this kyng as one medlyng in Churche causes wherin he is not Ruler but he prayseth God for him that he maketh godly constitutions against the vnfaithfulnes of miscreantes for no worldly respect wilbe perswaded to se thē violated Next after Sabinianus an obscure Pope enemy and successour to this Gregory succeded Bonifacius 3. Who although he durst not in playne dealing denie or take from the Emperours the authoritie iurisdiction in the Popes election and other Churche matters yet he was the first that opened the gappe thereunto for as Sabell testifieth with whom agree all other writers for the moste parte This Bonifacius immediatly vpon the entraunce into his Papacy dealte with Phocas to winne that the Churche of Rome might be head of al other Churches the which he hardely obteined bicause the Grecians did chalenge that prerogatiue for Constantinople After he had obteyned this glorious ambicious title of the bloudy tyrant Phocas and that with no smal bribes like vnto one that hauing a beame in his owne eie went about to pul the mote out of his brothers he made a decree that euery one should be accursed that prepared to himselfe a way into the Papacy or any other Ecclesiastical dignitie with frendship or bribery Also that the Bishops in euery city should be chosen by the people and Clergy and that the election should be good so that the Prince of the City did approue the party by them chosen and the Pope adding his authoritie therto had ones saide volumus iubemus we will and commaunde But saith Sabell both these decrees are abolished Nowe began this matter to brue by litle and litle first he obteined to be the chiefe ouer all the Bishoppes then to couer vice with vertue and to hide his ambicion he condemned all ambicion in labouring Spirituall promocion and in the election of Bishoppes where the confirmation before was in the Emperours bicause the Emperour gaue him an Inche he toke an elle bicause he had giuen him a foote he would thrust in the whole body and tourne the right owner out For leuing out y e Emperour he putteth in the Princes of the Cities from whome he might as easely afterwardes take away as for a shew he gaue falsely that vnto them that was none of his to giue graunting vnto them the allowance of the electiō but to him selfe y e authoritie of ratifiyng or infringing the same choose them whether they would allowe it or no. And to shewe what authoritie he would reserue to him selfe borowing of the tyrant speaking in the singuler nōbre Sic volo sic iubeo So wil I so do I cōmaunde for the more magnificence in the plural nombre he princely lappeth vp all the matter with volumus iubemus we wil and cōmaūde Which wordes like the Lawe of the Medes Persians y t may not be reuoked if they once passe through the Popes holy lippes must nedes stand allowe or not allowe who so list with ful authoritie the matter is quite dashed But thākes be to God for al this the decree is abolished foloweth immediatly For shortly after Isacius y e Emperours Lieutenant in Italy did confirme ratifie the election of Seuerinus the first of that name for saith Platina The election of the Pope made by the Clergie and people in those daies was but a vaine thing onles the Emperour or his Lieutenant had confirmed the same ▪ Sisenandus the king of Spain calleth forth of al partes of his dominions the Bishops to a City in Spaine called Toletum The purpose and maner of the kynges doynges in that councell the Bishoppes them selues set forth first as they affirme They assemble together by the praeceptes and commaundement of the king to consult of certeine orders of discipline for the Churche to refourme the abuses that were crept in about the sacramentes and the maners of the Clergie The king with his nobles commeth into the councell house He exhorteth them to carefull diligence that thereby all errours and abuses may be wypt away cleare out of the Churches in Spayn They folowe the kinges direction and agree vpon many holsome rules When they haue concluded they beseche the king to continue his regiment to gouerne his people with iustice and godlines And when the king had geuen his assent to the rules of discipline which they had agreed vpon they subscribed the same with their owne handes The like Synode Chintillanus kyng of Spayne did conuocate at Toletum for certein ceremonies orders and discipline whiche was confirmed by his precept and decree in the first yere of his reigne And an other also by the same king and in the same place and for the like purpose was called and kept the second yere of his reigne Chindasuindus king of Spaine no lesse careful for Church matters and Religion than his predecessours appointeth his Bishoppes to assemble at Toletum in conuocation and there to consult for the stablishing of the faith Churche discipline whiche they did Reccessiunthus kinge of Spaine commaunded his Bishops to assemble at Toletum in the first yere of his reigne and there appointed a Synode wherein besides the Bishops and Abbottes there sate a great company of the noble men of Spayne The king him selfe came in amongst them he maketh a graue and very godly exhortation vnto the whole Synode he professed how carefull he is that his subiectes should be rightly instructed in the true faith and Religion He propoundeth the fourme of an Othe whiche the clergy and others of his subiectes were wonte to receiue for the assurance of the Kinges saulfty He exhorteth them to ordeine sufficiently for the maintenāce of godlines and iustice He mooueth his nobles that they will assist and further the good and godly ordinaunces of the Synode He promiseth that he will by his princely authoritie ratifie and maineteine what so euer they shal decree to the furtherance of true Godlinesse Religion The Synode maketh ordinaunces the clergie and nobilitie there assembled subscribeth them and the kinge confirmeth the same with his royal assent and authoritie He called twoo other Synodes in the same place for such like purpose in the seuenth eyght yéeres of his reigne Vitalianus beinge chosen Pope sente his messengers with Synodicall letters according to the Custome saith Gratian to fignifie vnto
without the authoritie of the Emperours as in all the former generall councels And so at the ende the whole councell put vp a supplication to the Emperour for the ratifiyng of all their doynges The which when the Emperour had heard openly recited and redde vnto them they forthwith alowed signed and sealed Gregorius 3. sent into Fraunce for succour to Charles Martell yelding surrendring vp vnto him that whiche the Pope had so longe sought by all subtile and mischieuous meanes to spoile the Emperour the Princes of This same Gregory the third saith Martinus Poenitentiarius VVhan Rome was besieged by the king of Lombardy sent by Shippe vnto Charles Martell Pipines father the keyes of saint Peters confession beseching him to deliuer the Churche of Rome from the Lombardes By the keies of S. Peters confession he meaneth all the preheminence dignitie and iurisdiction that the Popes claime to them selues more and besides that whiche all other Churche ministers haue ouer and aboue all maner persons Ecclesiasticall or Temporall as geuen of Christe onely to S. Peter for his confession and so from him to the Popes of Rome by lineal successiō Seing that this Pope who was passingly well learned both in diuine and prophane learning and no lesse godly stoute and constant if you wil beleue Platina yeldeth and committeth all this iurisdiction and clayme that he hath ouer all persones Ecclesiasticall and Temporall so well in thinges or causes Ecclesiasticall as Temporall vnto Charles Martel a Lay Prince great maister of Fraūce it appeareth that Princes may Lawfully haue the rule gouernement and charge in Churche matters The heires and successours of this Charles Martell did keepe these keyes from rusting They exercised the same iurisdiction gouernement in Ecclesiastical causes y t the Emperours and kinges had doon from the time of Constantine the great vntill their time which was almost 400. yeres For Carolomanus sonne to kyng Pepin and nephew to Charles Martell no lesse Princelike than Christianly exercised this his Supreme authoritie in Ecclesiasticall causes and made notable reformation of the Ecclesiasticall state He sommoned a councell of his Clergie bothe Bishoppes and Priestes 742. yere from the incarnation of Christe wherein also he him selfe sate with many of his nobles and counsailours He sheweth the cause why he called this Synode That they should geue aduise saith he howe the Lawe of God and the Churche religion meaning the order and discipline may be restored againe whiche in the time of my praedecessours being broken in sonder fell cleane away Also by what meanes the Christian people may attaine to the saluation of their soules and peris he not being deceiued by false priestes He declareth what ordinaunces and decrees were made by his authoritie in that Synode VVe did ordeine Bisshoppes through the Cities saith he by the councell of the Priestes and my nobles and did constitute Bonifacius to be the Archebissop ouer them VVe haue also decreed a Synode to be called together euery yere that the decrees of the Canons and the Lawes of the Churche may be repaired in our presence and the Christian Religion amended c. That the money whereof the Churches haue been defrauded be restored VVe haue degraded the false Priestes Deacons and Clerkes being adulterers and fornicatours and haue driuen them to penaunce We haue vtterly forbidden all maner hunting and haukinge to the Clergie We decree also that euery priest dwelling in y e diocesse be subiect vnto his own bishop that always in Lent he make an accompt shew to the bishop the maner order of his ministery touching baptisme the catholique faith praiers the order of Masses And whāsoeuer the Bishop shal go his circuite to confirme the people the priest shalve ready to receiue him with a collection helpe of the people That y e priest seke for new chrysme always on Maundy thursday at the Bishops hand that y e Bishop may be a witnes of his chast life of his faith and doctrine We decree further that no vnknowen Bishop or Priest be admitted into the church ministery before he be allowed by the Synode He maketh many suche like for the reformation of y ● Clergy in what sort they shalbe punished if thei cōmit whordome likewise against sorcery wytchcraft diuinacions incantations all kinde of prophane superstitiōs If there were no more exāples of any church history but this of Caroloman it woulde suffice to make playne that to the Princes authoritie apperteineth to make Lawes and to the Clergy to geue him counsaile out of Gods worde howe to frame the discipline to the edifiyng of Goddes Churche About this time was one Bonifacius not Pope but as they call him the great Apostle of the Germaines the like for all the worlde to our Apostle here in Englande Augustinus Anglorum Apostolus Either of them might be called the Popes Apostles whose great champions they were And euen suche Ecclesiasticall matters as our Apostle treateth of hath this Apostle in his Epistles to the Pope as this He asketh his holines when fatte bakon should be eaten The Pope aunswereth when it is well smoke dried or resty and then sodden Likewise he asketh whether we shall eate Dawes Crowes Hares and wilde Horses The Pope biddeth him to beware of them in any wise Also he asketh him howe if Horses haue the fallinge sicknesse what we shall doo to them The Pope aunswereth hurle them into a ditche He asketh what we shall doo with Beastes bitten with a madde dogge the Pope biddeth him kepe them close or hurle them into a pitte He asketh if one Nonne may was he an others feete as men may the Pope aunswereth yea on Goddes name Also he asketh howe many Crosses and where aboutes in his body a man shoulde make them These and a great many suche like are the Popes and his Apostles Ecclesiasticall matters But leauyng these tryfles note that in those Ecclesiasticall matt●●s whyche he dyd to any purpose the lay Princes had the entermedling as appeareth by the Pope Zacharias Epistle to this Boniface It is no marueile though this kinge Charloman as also Charles the great and other noble Princes after their time established by their authoritie in Synodes many superstitions and idolatrous obseruances as of Masses Chrysmes and suche like abuses beinge moued with the zeale that all Princes ought to haue But wanting the pure knowledge that good and faithful Bishops should haue instructed them withall seinge suche blynde bussardes as this Boniface had the teachinge of them who like blynde guydes ledde them in the bottomles pit of all supersticions and false Religion Adrianus the first Pope beinge muche vexed through his owne furious pryde by Desiderius kynge of Lombardy sendeth to Carolus Magnus and requireth him of his ayde against the Lombardes promysing to make him therfore Emperour of Rome Charles commeth vanquisheth Desiderius and so passeth into Rome whom the Pope receiued with great honour geuing to him in
part of recompence the title of most Christian king and further to augmēt his beneuolence towardes Charles desired him to sende for his Bishops into Fraunce to celebrate a Synode at Rome wherein were gathered together of Bishops Abbottes and other Prelates about 154. In whiche councell also Carolus him selfe was present as saith Martinus Gratianus maketh report hereof out of the Churche history on this wise Charles after he had vanquished Desiderius came to Rome and appointed a Synode to be holden there with Adrian the Pope Adrian with the whole Synode deliuered vnto Charles the right and power to elect the Pope and to dispose the Apostolique sea They graunted also vnto him the dignitie of the aunciēt bloud of Rome wherby he was made a Patrician so capable of y e emperial dignitie Furthermore he decreed that the Archbisshops and Bishops in euery prouince should receiue their inuestiture of him so that none should be consecrate onlesse he were cōmended and inuestured Bishop of the Kinge VVhoso euer woulde doo contrary to this decree shoulde be accursed and except he repented his goodes also shoulde be confiscate Platina addeth Charles and the Pope the Romaines and the Frenche sweare the one to the other to keepe a perpetuall amitie and that those should be enemies to them both that anoyed the one Not longe after Charles perceiuing the Churches to be muche molested and drawne into partes with the Heresie of Foelix calleth a councell of all the Bishoppes vnder his dominions in Italy Fraunce and Germany to consulte and conclude a truthe and to bring the Churches to an vnitie therein as he him selfe affirmeth in his Epistle written to Elepandus Bishop of Tolet and the other Bishoppes of Spaine VVee haue commaunded saith Charles a Synodall councell to be had of deuout Fathers from all the Churches thoroughout our signiouryes to the ende that with one accorde it might be decreed what is to be beleeued touching the opiniō wee know that you haue brought in with newe assertions suche as the holy Catholique Churche in olde time neuer herde of Sabellicus also maketh mention of this Synode whiche was conuocated to Frankeforth ad Caroli aedictum at the commaundement of Charles Carolus Magnus calleth by his commaundement the Bishoppes of Fraunce to a Synode at Arelatum appointeth the Archebishops of Arelatum and Narbon to be chiefe there They declare to the Synode assembled that Carolus Magnus of feruent zeale and loue towardes Christe doth vigilantly care to establishe good orders in Goddes Churche and therefore exhorte them in his name that they diligently instructe the people with godly doctrine and examples of life When this Synode had consulted and agreed of suche matters as they thought fit for that time They decree that their dooinges should be presented vnto Carolus Magnus beseching him that where any defectes are in their decrees that he supply the same by his wisedome Yf any thinge be otherwise than well that he will amende it by his iudgement And that which is well that he wil ratifie ayde and assist by his authoritie By his cōmaundement also was an other Synode celebrated at Cabellinum whereunto he called many Bishops Abbottes who as they confesse in the Preface did consult collect many matters thought fit and necessary for that time the whiche they agreed neuertheles to present vnto Charles to be examined by his iudgemēt to be allowed confirmed amended or disallowed As this councell referreth al y e Ecclesiastical matters to y e iudgement correctiō disallowinge or confirminge of the Prince so amongst other matters this is to be noted that it prohibiteth the couetousnes and cauteles wherewith the Cleargy enriched them selues persuadinge the simple people to geue their landes and goodes to the Churche for their soules health The Fathers in this Synode complaine that the auncient Churche order of excommunicacion dooing penaunce reconciliation is quite out of vse Therfore they agrée to craue y e Princes order after what sort he y t doth cōmitte a publique offence may be punished by publique penance This councell also enueigheth against condēpneth gaddinge on pilgremage in Churche Mynisters Laye men great men beggers all whiche abuses saith the Synode after what sorte thei may be amēded the Princes minde must be knowē The same Charles calleth an other councell at Moguntia In y ● beginning of their preface to the councel they salute Charles the moste Christian Emperour the authour of true Religion and mainteinour of Gods holy Church c. Shewyng vnto him y t they his most hūble seruauntes are come thyther according to his commaūdement that they geue God thankes Quia sanctae Ecclesia suae piū ac deuotum in seruitio suo concessit habere rectorē Bicause he hath geuen vnto his holy Churche a gouernour godly and deuoute in his seruice who in his times openinge the fountaine of godly wisedome doth cōtinually feede Christes sheepe with holy foode and instructeth thē with diuine knowledge farre passinge thorough his holy wisedome in moste deuout endeuour the other kinges of the earth c. And after they haue appointed in what order they deuide y e states in the councell the Bishops secular Priestes by them selues y e Abbottes religious by them selues the Lay nobilitie Iustices by them selues assigninge due honour to euery persone it followeth in their petition to y e Prince They desire his assistaunce ayde and cōfirmation of suche Articles as they haue agreed vppon so that he iudge them woorthy beseching him to cause that to be amended which is founde woorthy of amendement In like sorte did the Synode congregated at Rhemes by Charles more priscorū Imperatorū as the auncient Emperours were wonte to doo diuers other which he in his time called I would haue you to note besides y e authoritie of this noble Prince Charles y e great in these Church matters which was none other but the selfe same y e other Princes frō Constantine the great had vsed that the holy councell of Moguntia doth acknowledge confesse in plaine speach him to be the ruler of the Church in these Ecclesiasticall causes further that in all these councelles next to the confession of their faith to God without makinge any mention of the Pope they pray commaunde praier to be made for the Prince Pope Leo. 3. as the French Chronicles Nauclerus witnesseth sente foorth with after he was made Pope Peters keyes the Banner of the Citie and many other giftes vnto Charles requiring him y t he wold cause y e people of Rome to become subiect vnto the Pope that by Othe Charles mindinge to gratifie and pleasure Pope Leo there was a cause wherfore sente an Abbot on this busines assured the people of Rome to the Pope by othe This Leo his streight dealinges with the Romaynes was so hatefull vnto them was brought shortly into muche daungier of his life but farre more of his
enstructe you others also that they doo the same Firste of all euery preacher muste preache in generall that they beleeue the Father the Sonne and the holy Ghoste to be an omnipotent God c. And so learnedly procéedeth thorough all the articles of our Faithe after whiche he commeth to the conuersacion of life c. And wee doo therfore more diligently enioine vnto you this thing bicause wee knowe that in the latter daies shall come false teachers as the Lorde him selfe hath forwarned and the Apostle Paule to Timothe doth witnes Therfore beloued let vs furnishe our selues in harte and minde with the knowledge of the trueth that wee may be able to withstande the aduersaries to trueth and that thorough Goddes grace Goddes woorde may encrease passe thorough and be multiplied to the profite of Goddes holy Churche the Saluation of our soules and the glory of the name of our Lorde Iesus Christe Peace to the preachers grace to the obedient hearers and glory to our Lorde Iesus Christe Amen This noble Prince was mooued to take vpon him this gouernment in Ecclesiastical matters causes not of presumption but by the woorde of God for the dischardge of his princely duety as he had learned y e same both in the examples of godly kings cōmēded therfore of the holy ghost also by the instructions of the best learned teachers of his time whereof he had great stoare especially Alcuinus an Englisheman of greate learninge who was his chiefe Scholemaister and teacher whome as Martinus telleth Charles made Abbot of Towers Amongst other many notable volumes this Alcuinus writeth one entituled De Fide Sanctae in diuiduae Trinitatis whiche as moste méete for him to know he dedicateth to Charles the Emperour He beginneth his epistle dedicatory after the salutation superscription thus Seeinge that the Emperial dignitie ordeined of God seemeth to be exalted for none other thinge then to gouerne and profite the people Therfore God doth geue vnto thē that are choosen to that dignitie power and wisedome Power to suppresse the proude and to defende the humble against the euill disposed wisedome to gouerne and teache the subiectes with a godly carefulnes VVith these twoo giftes O holy Emperour Gods fauour hath honoured and exalted you incōparably aboue your aūcestours of the same name and authoritie c. VVhat than what must your carefulnes most deuoutly dedicated to God bringe forth in the time of peace the warres beinge finished when as the people hasteneth to assemble togeather at the proclamation of your cōmaundement he meaneth that he expresseth afterwarde by this assembly or concourse the councell that was nowe in hande assembled as he saith Imperiali praecepto by the Emperours precept And waiteth attentiuely before the throne of your grace what you will commaunde to euery persone by your authoritie what I say ought you to doo but to determine with all dignitie iuste thinges whiche beinge ratified to set them foorth by cōmaundement and to geue holy admonitions that euery man may retourne home mery and gladde with the precept of eternall Saluation c. And least I should seeme not to helpe and further your preachinge of the Faithe I haue directed and dedicated this booke vnto you thinkinge no gifte so conuenient and woorthy to be presented vnto you seeinge that all men knowe this moste plainely that the Prince of the people ought of necessitie to knowe all thinges and to preache those thinges that please God neither belongeth it to any man to knowe better or m●e things than to an Emperour whose doctrine ought to profit all the subiectes c. All the faithful hath great cause to reioyce of your godlines seing that you haue the priestly power as it is mete so to bee in the preaching of the worde of God perfect knowledge in the Catholique faith and a most holy deuotion to the saluation of men This doctrine of Alcuinus whiche no doubte was the doctrine of all the catholique and learned fathers in that time cōfirmeth wel the doinges of Charles and other Princes in calling councelles in making decrees in geuing Iniunctions to Ecclesiastical persons and in ruling and gouerning them in all Ecclesiasticall thinges and causes If the gouernement of this most Christian Prince in Ecclesiastical matters be well considered it shall well appeare that this Charles the great whom the Popes doo extolle as an other great Constantine patron vnto them as he was in deede by enriching the Churche with great reuenues and riches was no whit greater for his martial Prince-like affaires in the politique gouernaunce than for his godly ordering disposing the Churche causes although that in some thinges he is to be borne with consideringe the blindnes and superstition of the time Although herein Lodouicus Charles his sonne were somwhat inferiour to his father Yet not withstanding he reserued these Ecclesiasticall causes to him selfe with no lesse care he ordred the same although in some things being a very milde Prince he winked and bare ouermuch with the ambition of the Popes Shortly after whan as the foresaid Leo was departed was Stephen next elected Pope and without the confirmation of the Emperour tooke the Papacy vpon him All the histories agree that he came shortly after into Fraunce to the Emperour but wherfore most of them leaue vncertaine Platina thinketh to auoyde the hurley burley in the Citie that was after the death of Leo. Sabellicus thinketh the Emperours coronation to be the cause Nauclerus saith he went in his owne persone vnto the Emperour Lodouike about or for the Churche matters whiche proueth that the Emperour had chiefe authoritie in ordering the Churche busines But our English Chronicles as some writers affirme doo plainly declare that his comming into Fraunce was to make an excuse of his vnlauful consecration against the decrees made to Charles by his predecessours Adrian and Leo fearing therefore the fequele of the matter he first sent his Legates before him to be a preparatiue to his purgation and afterwards came him self to craue his pardō And the rather to please Themperour brought a most beautiful crown of gold for him and an other for the Empresse wherof folowed as Nauclerus saith Omnia quae petiit à pio Imperatore obtinuit he obteined whatsoeuer he asked of the godly Emperour Nowe when Stephen had dispatched all his matters he retourned home and shortly after an other Ecclesiastical cause happened for within a while the Bishop of Reatina died and there was an other chosen And when the sea of Reatina saith Nauclerus was voide the Pope would not consecrate the elect Bisshop onles he had first licēce therto of the Emperour The circumstances of this story make the matter more plaine The erle Guido had writen vnto Pope Stephen to consecrate that Bishop whom the Clergy and the people had elect but the Pope durst not enterprice the matter till he were certified of y e Emperours pleasure therupon wryteth
at Moguntia the other at Triburum Of these Popes and those that followed as Formosus Stephanus Romanus Benedictus Leo Christophorus Sergius and a great company moa the Historians geue but an homely testimonie and Naeuclerus saith that to satisfie their voluptuous lustes they dyd maliciously malice one another as most cruel Tyrantes and he added this reason Cum non extarent qui eorum vitia coercerent bicause there was none to correcte and chasten them for their euill doinges For so long as the Princes exercised their authoritie in ouerseing carefully the Churche matters and the mynisters so well the Popes as other Bishoppes there grewe no suche intollerable disorders neither were there suche monsters for so Nauclerus termeth these Popes that continued any space But were by the Princes authoritie suppressed and therfore Nauclerus citeth out of Platina and affirmeth it to be true that the cause of these monstrous Rebelles in the Churche was Quod Resp ignauos desides principes habeat Bycause the common wealth had improfitable and slouthfull Princes Thus these writers burdeine and charge the Princes with the disorders and enormities in Christes Churche wherein they doo them wronge if they thought not that it apperteined to the Princely authoritie to ouersee care and prouide for the good order of Christes Churche and to redresse punishe and remoue the inordinate euilles therein Yea Sabellicus so wondereth at these tragicall examples of the Bishoppes of this time and their horrible obliuion of Godly Religion that he ascribeth the good and godly moderation that was in the Bishops and the dutifull execution of their office from Charles the great till the ende of the Frenche Empire whiche was an whole age to be not so muche of them selues and their owne good wills as of thē awe and feare they had of the Princes kinges and Emperours who were their guardians And therfore cōcludeth that it may be truely said that this was the calamitie of Fraunce Italy and of the Churche of Rome Quod in ea gente desitum esset imperari bicause there was no king nor Emperour to beare rule meaning that although there were kinges and Emperours yeat did they not execute their Princely office and authoritie in ouerseing correcting and reforming the Churche matters and her mynisters and therefore the state was miserable In this cōfusion were al thinges but especially in the Churche of Rome till God stirred vp the wyse and mighty Prince Otho the first whose zeale stoutnes trauayle in reforming Religion and the disordred Churche no tongue is able to expresse saith Nauclerus At this time was Iohn 13. Pope a man replete lodē with all dishonestie and villany against whom twoo of the chiefest amōgest the Clergie the one was a Cardinall saith Luithprādus the other maister of the Rolles made cōplaint vnto Otho most hūbly beseching him to haue some cōpassion on the Church which if it were not speedely reformed must néedes come to vtter decay After whō came the B. of Millain so one after another a great many mo making the same sute vnto Otho who being moued of his own zeale to gods glory but now enflamed by y e lamentable suplicatiōs of these Bishops Rex pijssimus saith Luithp non quae sua sunt sed quae Iesu Christi cogitans The moste religious king hauing carefull cogitations not for his owne thinges but for Iesus Christes matters addressed him selfe with all conuenient spede into Italy to refourme Rome from whence all the mischiefe sprange When the Pope vnderstoode of his comming he prepared to receiue him in most honorable wise and with suche humilitie behaued him selfe towardes the Emperour and shewed such faire face of repentaunce that the well meaning Emperour thought he had meant as he pretended sware the Pope to obedience and loyaltie against Berēgarius and Adalbertus as Luithprandus writeth and so retourned into his countrey This Luithprand is the more to be credited for that he was liuing a famous writer and Deacon Cardinall euen in the same time The Pope immediatly against both othe and honestie practised with Adalbertus to depose this godly Emperour and promised him by othe his aide The reason or cause why Iohn the Pope should hate this most Godly Emperour who had deliuered him out of the handes of Adalbert his enemy and wherfore the Deuil should hate God his creatour semeth not to be vnlike For the Emperour as we haue had good experience vnderstandeth thinges pertaining to God he worketh he loueth them he mainteineth with maine and might the Ecclesiasticall and Temporall matters he decketh them with manners and amendeth them by Lawes but Iohn the Pope is against all these thinges The Emperour seeketh by diuerse waies to reconcile this Pope and to bring him from his filthy life to some honestie regarde of his office Whan by no persuasions he can winne him he determineth to depose him and for that purpose he calleth a councell of the Bishops of Italy to the ende he may seeke the reformation whiche he mindeth and sawe to be ouermuch● needefull by their aduise Pope Iohn seyng him selfe to be tried by a Synode runneth away when all the people sawe their Pope was runne away from them they sware fidelitie to the Emperour promisinge by their Othes that they woulde neuer hereafter elect or make any Pope without the consent of y e Emperour Within thrée days after there was a great assembly in S. Peters Churche at the requestes of the Bishoppes and people In whiche councell sat the Emperour with many Archebishops and others to whome the godly Emperour propoundeth the cause of their assembly exhorteth them to doo al things with vpright iudgement and the Bishoppes Deacons Cleargy and all the people make solempne protestation and obtestation of their iust and vpright dealing in the cause propounded And bicause the chiefe matter touched the Pope that was rūne away the holy Synode saide if it séeme so good to the godly Emperour let letters be sente to the Pope and cyte him to come and purge him selfe the Letters were directed in this fourme Otho by Goddes grace Emperour with the Archebishoppes of Liguria Tuscia Saxonia and Fraunce sende greeting in the Lorde to Iohn the Pope wee comminge to Rome for our Seruice to God and enquiringe the cause of your absence from your churche were enfourmed by the Bishops Cardinalles Priestes Deacons and the whole people of suche shamefull dooinges by you as wee are ashamed to rehearse whereof these are parte they chardge you with Murder periury sacrilege inceste with twaine of your owne sisters that in your banquettes whiche is horrible to be rehersed yee drinke wine in the loue of the Deuill in your play at dice you craue the helpe of Iupiter Venus and other Deuilles wherefore wee pray you to repaier vnto vs your selfe To this the Pope writeth this answeare I here say yee will make an other Pope whiche if yee attempt I excommunicate you all that yee may haue
auncient estate Suche was the carefull trauell of the Godly Princes in gouerning not onely in Temporall but also in Ecclesiasticall thinges and causes Benedictus the ninth solde the Papacy to Gregory the sixt Syluester the thirde thrust in amongest them by frendship and bribery To this case was the Papacy brought nowe saith Platina that onely he that was most mighty in ambition and bribery obteined this dignitie there was no roume for good men Henricus the third surnamed Pius came to Rome to thrust out these three monsters saith Sabellicus and to bring this to passe in better order he calleth a Synode wherein he deposeth these three monstrous beastes and dooth create Clement the second The whiche doon he sweareth the Romaines that they shall neuer after be present at the election of any Pope onles they be compelled thereunto by the Emperour But after the Emperours departure from the citie Stephan perceiuing the people to grudge somwhat at Clementes election despatched him out of the the way with a medicine for a Pope Venenum illi miscuit he poisoned him saith Sabellicus and immediatly after his death entruded himself into the Papacy without consent either of the Emperour people or priest and called himself Damasus 2. But with in a while he died also In y e meane time the Romaines sent to the Emperour besechinge him to appointe them some good man to be their Bisshop who made Bauno Pope and was named Leo 9. After this Leo whom Hildebrand ridde out of the waye saith Benno Cardinalis was Victor the seconde made Pope by the Emperours authoritie or priuilege Shortly after this Godly Emperour died beinge greatly praised surnamed Pius Henricus for his dealinge in the reformation of Churche matters This Emperour had called two councels the one at Constance wherin he was him self present after y e another at Moguntia wherin both the Emperour the Pope sat in Synod This Pope saith Nauclerus came into Germany about the church matters and ordered al thinges therin saith Abbas Vspurg by the aduise and counsaile of the Emperour and other seculer Princes and the Bisshoppes And as this Emperour had yeat this interest in the councelles and in the creatiō of the Pope him self so had he the placing and displacing allowing disallowing in other spiritual promotions as at large appeareth in Nauclerus Stephen 9. was chosen Pope after that Victor had dronken of Hildebrandes cuppe But this Stephen liued not long for saith Benno If any other than Hildebrand were chosen Pope Gerardus Brazutus Hildebrandes familiar friend would soone dispatche him out of the way with poyson Alexander 2. was chosen without the Emperours authoritie or knowledge with whose election the whole Clergy of Lombardy was muche offended refused to owe vnto him any obedience beseching the Emperour that he would geue them licence to choose one of their owne persuading him that there ought none to be electe without the consent of the king of Italy After they had licence they chose Cadolus the Bishop of Parma whom all the Clergy of Lombardy obeied as their lawful Pope The Cardinals saith Benno knowing well Hildebrandes ambition did winne with muche sute the Emperours fauour and aide to their newe elected Pope Cadolus the which did so deepely perce the harte of Hildebrande that he became a deadly enemy to the Emperour for euer after contrary to the faithfull dutie that he had sworne vnto him Hard holde there was betwixt these two Popes so wel with strokes as with woordes they bothe gathered great armies and with their armies came into the fielde in their owne persones and fought twoo cruell and bloudy battailes and so ruled the Schismaticall Churche with Paules swoorde Peters keyes beinge fast locked from them bothe in Christes Churche til the Emperour sent Otto the Archebishop of Collein geuing him full authoritie as he should see cause to set in order the Churche matters Whan Otto came to Rome with this large commission he did sharpely reproue Alexander at the firste Bicause he had taken vpon him the Papacy without the Emperours commaundement and contrary to that order whiche the Lawe it self and the longe custome also hath praescribed Whose wordes Nauclerus telleth thus How commeth this to passe saith he my brother Alexander that contrary to the maner of olde time hitherto obserued and against the law praescribed to the Romain Bisshops many yeres agoo thou hast taken vpon thee the Romaine Papacy without the commaundement of the king and my Lorde Henry and so beginning from Charles the great he nameth many Princes by whose authoritie the Popes were either chosen cōfirmed or had their electiō ratified whan he was going forward in his oration Hildebrand Tharchdeacō taketh y e tale out of his mouth saiyng in great heat O Archbishop Otto the Emperours and kinges had neuer any right at al or rule in the electiō of the Romain Bishops Tharchbishop gaue place to Maister Archedeacon by and by For Hildebrand knewe well inough saith Sabellicus that Otto woulde relent easely and agree with him In suche sorte also haue other godly Princes been beguyled trustinge ouermuche popish Prelates with their embassages Within a while after whan the Emperour heard of these doinges he sent streight to Pope Alexander to gather together the Prelates promising that he him selfe would come to the coūcel to set an order in the Churche matters that all thinges might be doon in his owne presence who vsed Alexander very gently friendly wherwith the Pope afterwardes was so moued and saw how he him self had been abused by Hildebrands instigations against so gentle a Prince y t he was greatly sory that he had attēpted to be Pope without his assent Whereupon saith Benno whan Alexander vnderstoode that he was elected and enstalled by fraude and craft of Hildebrande and other the Emperours enemies in his sermone to the people he plainly declared that he would not sit in the Apostolike sea without the licence and fauour of the Emperour and further said openly in the pulpit that he would sende foorthwith his letters vnto the Emperour for this purpose so greatly he repented him of his vsurpation without the Emperours authoritie Hildebrande who had long awayted and practised to be Pope impacient of any longer tariaunce immediadly after the death of Alexander gatte to be made Pope was called Gregory the seuenth of whose election Abbas Vrspurgens faith next to Alexander succeded Hildebrande vnder whom the Romain cōmon weale and the whole Church was endaūgered and brought in a great peril with new errours and sehismes such as haue not been heard of who climbed vp to this high dignitie with out the consent of the Prince and therfore there be that affirme him to haue vsurped the Papacy by tyranny and not Canonically instituted for whiche cause also many did refuse him to be Pope In this election Hildebrande made poste haste for feare he had come shorte of his purpose In
Councell vnto whome they be lawfully sworne and of whome they haue receiued their dignities They all answeare that they are all the beneficiaries of him alone and that mindefull of their Faith and the Kinges estate they woulde suffer death for his glory power and saulfegarde Thereuppon he setteth foorth a pragmaticall sanction or forceable lawe to diminis he the dignitie of the Pope Many other Ecclesiasticall Lawes he made againste the Iewes againste the Templars against adulterie c. He made also Clement the fifth Pope and swore him to certaine cōdicions before hande by whose importune meanes also the Generall councell of Vienna was holden In whiche Councell he laboured to haue Pope Boniface condemned for an Heretique affirminge that he woulde proue him so But the mater was taken vp and to satisfie the kinge it was decreed that all the processes of Bonifacius against the kinge were vniust and the kinges doinges in any point against the Pope should not be preiudicial to him or to his heyers About the time of this Councell at Vienna the famous schooleman Durandus setteth foorth a booke wherein as he rekeneth vp diuerse and great enormities in Church matters so for the reformacion of them he alwaies ioyneth the kinge and secular Princes and the Prelases and to this purpose citeth the fourme of the auncient Councelles and many times enueigheth against and complaineth vppon the vsurped authoritie of the Romaine Bishop warninge men to beware how they yéelde vnto him and prescribeth a rule for the Princes and the Prelates to refourme all these enormities not by custome were it neuer so auncient but by the woorde of God About this time also the Emperour Henry the. 7. came into Italy with great power to reduce the Empyre to the olde estate and glory of the auncient Emperours in this behalfe And on the day of his coronation at Rome accordinge to the maner of other Romaine Emperours he set foorth a Lawe or newe authentique of the most high Trinitie and the Catholique faith Nexte to Henry 7. was Lewes 4. Emperour who had no lesse but rather greater conflictes with the Popes in his time about the reformation of abuses than any had before him the Pope nowe claiminge for an Ecclesiastical matter the confirminge of the Emperour as before the Emperours were wonte to confirme the Popes About whiche question the Emperour sent and called many learned Clerkes in Diuinitie in the Ciuill and Canon Lawe from Italy Fraunce Germany Paris and Bononia whiche all aunswered that the Popes attemptes were erronious and derogating from the simplicitie of the Christian Religion Whereupon the Emperour willed them to searche out the matter diligently and to dispute vpon it and to gather into bookes their mindes therein whiche diuers did as Marsilius Patauinus Ockam Dantes Petrarche c. By whome whan the Emperour vnderstoode the Popes vsurpation he came to Rome called a councell and deposed the Pope placed an other in his rowme In whiche councell the Romaines desired to haue their olde order in the Popes election ratified by the Emperour to be renewed This Emperour also called avery great coūcell at Frākeforth where besides the Spirituall and Secular Princes of Germany the kinge of Englande and the king of Beame were present where by the greater and sounder part the Popes aforesaid vsurpation was abolished Which sentence the Emperour confirmed and published writing therof that his authoritie dependeth not of the Pope but of God immediatly and that it is a vaine thinge that is wont to be saide the Pope hath no superiour The Actes of this councell against the Popes processe were ratified by the Emperour as appeareth by his letters patentes thereupon beginning thus Lodouike the fourth by the grace of God c. To all Patriarches Archebisshoppes Bisshoppes and Priestes c. and ending thus VVherfore by the councell and consent of the Prelates and Princes c. VVe denounce and determine that all suche processes be of no force or moment and straightly charge and commaunde to all that liue in our Empire of what estate or condition so euer they be that they presume not to obserue the said sentences and curses of the Popes interdiction c. An other Councell he called afterwardes at the same place about the same matter bicause Pope Clement called it Heresy To saie that the Emperour had authoritie to depose the Pope whiche heresy as principal he laide first to the Emperours charge Item that the Emperour affirmed that Christ and his Apostles were but poore Item the. 3. heresy that he made and deposed Bysshops Item that he neglected the Popes interdightmēt c. Item that he ioyned certaine in mariage in degrees forbidde he meaneth forbidden by the Popes Lawes and deuorceth them that were maried in the face of the Churche Whiche in deede was nothing els but that amōgest other Ecclesiastical lawes that the Emperour set forth were some for mariages and deuorcementes contrary to the Popes decrees In Fraunce king Charles denied the Pope the tenthes of his Clergie But Philip de Valoys that followed reformed and tooke away many late vpstart Ecclesiasticall abuses in the Clergy and Prelates in his Realme of the whiche diuerse complaintes being made vnto the king he called a councel at Paris and sommoned thither the Bishoppes as appeareth by his letters wherein he complaineth that they haue enchroched from him and his officers a great many of rightes bringing in their nouelties not due and vnwonted grieues vnder the pretence of Ecclesiastical causes whereby they haue broken the concorde of the Clergie and the Laity and therfore willing to prouide so muche as he can by Goddes helpe an healthfull remedy He requireth and neuerthelesse commaundeth them to appeare before him at Parys personally c. The Prelates appearing at the daye assigned before the kinge in his Palayce Archebisshoppes Bisshoppes and makinge reuerence to the kinges maiestie being set downe with his councell and certeine Barons assisting him a certeine knight of the kinges councell spake publykely for the kinge in the presence of them all takinge for his theme this texte Geue that vnto Caesar that belongeth to Caesar and that vnto God that is due vnto God c. The kinges admonition being made a great many complaintes were put vp vnto the king by his nobles and officers against the Clergies vsurpation in medling with contractes of mariages in their priuileges of Clerkes In citations to their Courtes in their excommunicatiōs in willes and hereditamentes in callinge of prouinciall councelles in making synodall Decrees and statutes in medling with realties in perēptory writes in examinations of mens beleues in enioyning of money penances In shauing of children and vnlauful persons making thē Clerkes in whoordome and fornication in wyddowes goodes in bloudshead in the Churcheyarde in inuentories c. and in a great many mo matters whiche ye call Spirituall or Ecclesiasticall causes the
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
4 cap. 5. 6. 7. Princes by Synodes do ordeine and condemne Byshops Theod. li. 5 cap. 20. Li. 5. c. 23. 24 Sozom. li. 7 cap. 6. 7. 8. Socr. lib. 5. cap. 10. Lib. 5. ca. 27 Luthprand Dist 79. ● ▪ duo Gratian. dist 63. Socr. lib. 7. cap. 29. Liberat. cap. 4. Nicep li. 14 cap. 34. 35. Liberat. cap. 6. Liberat. cap. 8. Liberat. cap. 11. Niceph. li. 14. cap. 47. Liberat. cap. 12. Nicep li. 15 cap. 1. 2. Leo. ep 44. Act. 7. In Epist praeamb Act. 1. Act. 2. Act. 3. 630. bishops confesse the Princes supremacie in Ecclesiasticall causes Act. 4. Act. 5. Act. 6. Act. 11. Cap. 14. Libe ca. 15. Cap. 16. Lib. ca. 18. The princes supremacie in al causes Act. 1. Cap. 19. Platina Sabell A princes charge A bishops iurisdictiō Platina Mar. Poeni The Pope is the kinges Ambassadour The Popes hūble sute to the Emperour for the Arian heretiques Valateran● Sabell Sabell Cap. 20. Cap. 23. Ibid. Cap. 24. Sabellicus Euag. li. 4. Cap. 38. Niceph. li. 17. Cap. 27. The Emperour commaundeth the Pope to come to the Synode The prince the highest potentate next to god in al causes God reserueth to the prince the fulnes of direction in Ecclesi causes Nothinge may be don in Churche matters without the princes authorite Cod. lib. 1. tit 17. Nouell const 3. The Emperours Ecclesiasticall lawes Const 5. Const 6. Const 57. Const 58. Const 133. The Prince hath supreme gouernment ouer al persones in all māner causes August Epist 48. Bracha 1. 2. Brach. 3. Tol. 3. The duetifull care of a Prince aboute Religion A princes special care for his subiectes Li. Epist 7. Epist 126. the Pope at that time commended the Princes gouernmēt in causes Ecclesiast The prince calleth coūcels and gouerneth Ecclesiasticall causes with out any doinge of the Pope therin Sabell Plat. Paul Diac. Volater Naucler Martinus Sabel Tol. 4. Tol. 5. Tol. 6. Tol. 7. Tol. 8. Tol. 9. Tol. 10. Dist 631. cap. 21. Pontificall Dist 63. Const 6. The Bisshop of Rome at the Emperours commaundemēt in Eccl. matters Act. 1. Act. 2. Act. 3. Act. 4. The prince is Christes Vic●r in earth in causes Ecclesiasticall by the Popes confession Act. 5. Act. 7. Act. 11. Act. 12. Act. 13. Wherein cōsisteth the office of bishoppes The princes most acceptable seruice to god Esa 49. Psalm 98. The Pope accursed for Heresie by the sentēce of the Emperour the Synode and the Bishop of Rome Tol. 11 Tol. 12. Tol. 13. Zonoras Tom. 3. Synod Francica Nauclerus Dist 63. Can. 6. Can. 25. Can. 45. The Prince is the gouernour of the Church appointed of God in Ecclesiasticall causes Sabell Sabell Platina Sabell Ioan. Auētinus 1. Paral. 16. Alcuinus The prince hath a priestlie power to set forth gods word Dist 63. Dist 63. Platina Sabel Naucleru● Dist 65. Sabell Platina Apoc. 9. Sabellicus Platina Naucler Luithprād Platina Dist 63. Nauclerus Abb. Vrsp Platina Nauclerus Sabellicus ▪ Sabell Platina Abb. Vrsp Sabellicus Platina ▪ Sabel Nauclerus Auentinus Nauclerus Nauclerus Otto Frisingen Nauclerus Nauclerus Vrspurg Nauclerus Sabellicus Vrspurg Platina Nauclerus ▪ Platina ▪ Vrspurg In Prouer. Sileni Alcibiadi● Otto Frisingensis Of the dooinges of the kinges of this Realme in Eccl. maters before the Cōquest loke in the boke De potestate Regia set out by the Prelates 26. Hen. 8. * Polychron Polic. Fab. Polyc. Fabyan Polychr Fab. Polychr Fabyan Polychr Eabyan Math. Par. Fabyan Fabyan Simeō Dunelmensis Hen. Huntingtonus Roge. Houedenus Mat. Paris Mat. vvestmonast Polydorus Polyd. Naucler Abb. Vrsp Mat. Paris Polych Mat. Paris Fabyan Fabyan Nauclerus Polych Fabyan Fabyan Antoninꝰ Auētinus Nouell cōst Polyd. Fabyan ▪ Mat. Paris ▪ Antoninꝰ ▪ Appēd Math Paris Fabyan Appēd Math Paris Nauclerus Platina Polych Eabyan Polyd. Paul Aem. Anton. Naucler Blond Aemylius Nauclerus Platina Nauclerus Antoninꝰ Sabell Nauclerus Sabellicus Aemyl Append. Vrspurg Antoninꝰ Nauclerus Antoninꝰ Aemyl Paral. Vrsp Nauclerus Antoninu● Marius Paral. Vrsp Nauclerus Nauclerus Paral. Vrsp Nauclerus Aemylius Pet. Bertrā Aemylius Paral. Vrsp Fabyan Caxton Polyd. Nauclerus Nauclerus Paral. Vrsp Naucler Polyd. De schis li. 3. cap. 73 Pius Pap. 2. Platina Sabel Platina Volater Orth. Grat. Nauclerus Nauclerus Nauclerus Orth. Grat. Orth. Gra. Paral. Vrsp Epist 54. ad Cācel Imp. Li. 3. ca. 13. Paral. Vrsp Orth. Gr● Cons 1●1 23. q. 5. * Ther is diuers reedinges Imperet or Impetret The Princes shal geue an accōpt to God for the Church and the discipline thereof In form libell quo agitur ex subst in verbo ex suo corpore In form respōs con ad verb. tāq̄ publ ex com n. 10. In repetit lect de Christ Ciuitatis Aristocra●ia ●● q. ● The king is to be obeied in Ecclesiastical causes and not the Pope L. Quicunque De Epis Cler. The Pope an heretike compelled to recāte before the Frenche kinge Braughtō lib. 1. cap. de Papa Archiepiscopis alijs praelatis The secōde pointe Constātine the firste Emperour that did ioigne his svvoorde to the maintenance of God his vvoorde Act. 20. Nicep li. 2. Li. 1. ca. 13. Li. 6. ca. 34. Lib. 1. De vit Const Lib. 2. Epist 50. Psalm 2. Psalm 71. Hebr. 7. Cap. 4. Act. 24. Ioan. 21. Math. 24. Ioan. 20. Math. 28. Heb. 13 ▪ 1. Cor. 14. Gene 3. The thirde pointe 1. Thess 5. Clemens in compēd defide The diffinâtion of the catholique Churche The fourth pointe Iob. 8. Act. 20. Ioan. 20. Math. 16. Act. 8. Heb. 13. Ezech. Ioan. Antonius Delph lib. 2. Act. 8. Exod. 24. Exod. 29. Num. 27. Hebr. 10. Lyra. Act. 20. Lib. 1. Hist Trip. ca. 9. Nicep li. 7 cap. 46. Dist 86. Act. 15. Act. 8. Act. 15. 1. Cor. 11. 1. Cor. 13. Mar. Soci Mar. Soci Li. 50. Tit. 4. De muner honor Act. ● Li 10. Hist Eccl. ca. 2. Lib. 7. Hist-Trip ca. 12. Theod. lib. hist 5. Eccl. cap. 18. Nicep li. 8. cap. 14. Soz. lib. 1. cap. 17. Li. 2. to 2. her 68. Lib. 1. ca. 1. Lib. 1. ca. 2. Lib. 8. ca. 16 Euseb li. 3. De vit Con. Soz. li. 1 c. 4 Lib. 6. ca. 7. Lib. 4. ca. 2. Lib. 11. ca. 3. Theod. li. 5 ▪ cap. 1● Cal. Inst ▪ cap. ● ▪ Cal. in 7. cap. Amos proph A thanas in Epist ad solitar vit agentes Ad Valent. Epist 32. 〈…〉 Lib. 2. ca. 15. Hier. 1. Greg. Nazian de Hier. dict oratione 18 ad subditos timore per culsos Imperatorē irascentem Ezech. 34. Chrysost hom 5. de verb. Esa Ign. Epist 7. ad Smyrnens Ioan. 10. Lib. 3. Lib. 5.
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
Catholique Churche notified in the order of this general Councell the supreme gouernment in Ecclesiasticall causes is in the Emperour and ciuill Magistrates your opinion condemned by the vniforme agreement of 318. of the most Catholique Bishoppes in the worlde commendinge and allowynge for moste godly what so euer the Emperour did in or about this councell The occasion of this famous and moste godly councell was the great dissention kindled partly about a necessary Article of our beliefe partly about a ceremony of the Churche Arius incensed with ambitious enuie againste Alexander his Bishop at Alexandria who disputed in one of his lessons or treatises more subtily of the diuinitie than aduisedly as the Emperour layeth to his chardge quarelled Sophistically against him and mainteined an horrible Heresie Besides this the Churches were also deuided amongest them selues aboute the order or ceremony of kéepinge the Easter daie The Emperour sente Hosius with his letters as I saide before into the Easte parties to appeace the furious dissention about bothe these matters and to reconcile the parties dissentynge But when this duetifull seruice of the Emperour tooke not that effect whiche he wisshed and hoped for then as Sozomenus writeth he summoned a councell to be holden at Nice in Bythinia and wrote to all the chiefe Mynisters of the Churches euery where commaundinge them that they shoulde not fayle to bée there at the day appoynted The selfe same also dothe Theodoretus affirme bothe touchynge the occasion and also the summons made by the Emperour Eusebius also writinge the life of Constantine sheweth with what carefulnes the godly Emperour endeuoured to quenche these fiers And when the Emperour saieth Eusebius sawe that he preuailed nothing by sending of Hosius with his letters Considering this matter with him selfe saide that this warre against the obscure enemy troubling the Churche must be vanquished by an other meaning hym selfe Therefore as the capitaines of Goddes armie towardes his voyage he gathered together a Synode oecumenical and he called the Byshoppes together by his honorable letters and that they should hasten themselues from euery place These thinges touching the occasion and calling of this generall counsaile by the Emperour are affirmed to be true also by Nicephorus the Ecclesiasticall historian Yea the whole counsayll in their letters to the Churches in Aegipt and the East partes doo testifie the same Synode to be called by the Emperour saiyng The great and holy Synode was gathered together at Nice by the grace of God and the moste religious Emperour Constantine c. The Bishoppes as I said before when they thought them selues or their Churche iniuried by others were wont to appeale and flie vnto the Emperour as the supreme gouernour in al matters and causes Temporall or Spirituall the whiche appeareth moste playne to be the practise of the Church by these Bishops called vnto the Nicene counsaill For when they came to Nice supposing them selues to haue nowe good oportunitie beyng nighe vnto the Emperour to reuenge their priuate quarelles and to haue redresse at the Emperours handes of suche iniuries as they thought them selues to susteyne at others byshops handes eche of them gaue vnto the Emperour a Libell of accūsatiōs signifiyng what wronges he had susteyned of his felowe Bishoppes and prayed ayde and redresse by his iudgement The Emperour forseyng that these pryuate quarelings if they were not by some policy and wyse deuise sequestred and layde aside would muche hynder the common cause tooke deliberation appointing a day against the which they shuld be in a readines and commaunded them to prepare and bring vnto him all their libelles and quarelling accusations one against an other Marke by the waie the craft and practise of Sathan to stay and ouerthrow good purposes that euen the godly fathers and Bishoppes wanted not their great infirmities preferring their own priuate trifles before the weighty causes of Gods Churche And the wisdome zeale and humblenes of this moste christiā Emperour who so litle estemed his own honour and authoritie that he wold rather seeme to be inferiour or for the time no more than equall with his subiectes to the ende he might by his humbling of him selfe aduance and exalt Gods glory to the edifiyng and quietnes of his Churche The day came whiche was the day before the first Session should be in the councell as Socrates saith the Bishoppes did not sleape their owne matters but had their billes in a readines and deliuered them vnto the Emperour This vigilant noursefather vnto Gods Churche had cared and deuised so diligently for the common cause as the Bishoppes had doon for their priuate quarelles and therefore when he had receiued their Libelles very politiquely saieth bicause he woulde irritate none of them for that tyme That the daie of generall iudgement should be a fitte time for these accusations and Christe the Iudge then woulde iudge all men As for me it is not leafull to take vpon me the iudgement of suche Priestes accused and accusing one an other Whereunto neuertheles he added this priuy nippe to pynche them withall For of all other thinges saith he this is least seemely that Bishoppes shoulde shewe them selues suche as ought to be iudged of others And so caused the Libelles to be cast into the fire giuing them an earnest exhortation to peace and quietnes The next daye after after they assembled at the Emperours palayce he commaunded them to go into the councell house to consult of the matter the councell house was within Themperours pallayce trimly furnished with seates aptly ordred for suche purpose as it were in rowes They entred in and wayted without any doinges till the comming of the Emperour whose seate was of gold placed at the first beginning of the rowes who being entred and placed in his feate maketh an oration vnto them declaring the contētions sprong vp amongest them selues to be the occasion wherfore he called them togither and the ende is saith he that this disease might be healed through my ministery After this he maketh an earnest exhortatiō mouing them to quietnes forgiuing one an other for Christ commaundeth saieth he that who will receiue pardon at his hande shall also forgiue his brethren After this moste graue exhortation to vnitie and concorde in truthe he giueth them leaue to consult of the matters in hande prescribeth vnto them a rule whereby they muste measure trie and discusse these and all other suche disputations and controuersies in matters of Religion to witte Sanctissimi spiritus doctrinam praescriptam The doctrine of the moste holy spirite before writen For saieth he the bookes of the Euangelistes and of the Apostles and also the prophecies of the olde Prophetes doo euidently teache vs of Goddes meaning VVherefore laiyng a syde al discorde of enemitie let vs take the explications of our questions out of the saiyngs of the holy Ghost When the parties waxed warme in the disputations and the contention somwhat sharp then
at the humble sute of Bonifacius by chaunce againste righte be chosen thorough the vndiscreete contention of the Electours wee permitte neither of them to be Prieste or Pope but wee iudge him to remaine in the Apostolique sea whome the diuine iudgement and the common consente dothe appointe from amongest the Clergy in a newe Election Vppon this woorde where the Emperour saithe wee permitte the Glosar saith and so the Emperour dothe not onely abrogate the clayme of bothe those that be chosen in the contention but dothe make them bothe for that time vnable and dothe decree an other to be taken out of the Clergie for that time Againe the Glosar interpretinge this the diuine iudgement saithe this is the meaninge that the Emperours will and election muste stande the Clergy and the whole people acceptinge with thankefull minde whome the Emperour doth choose For the Emperours were called in those daies holy and their rescriptes and iudgementes Diuine Here you sée by the Popes decrées and Glosars that the Emperour had the supreme rule and gouernement in Churche causes and this was the continuall practise of the Churche for the most parte yea euen the Bishoppes of Rome before they were ordered and consecrated had their election ratified and confirmed by the Emperours their Lieutenaunt or other Princes Sabellicus speakinge of the contentious entraunce of Damasus the first into the Papacy whiche was not without great bloudshed as Volateranus saith dothe note the ambition of the Prelates to be the cause of suche contention about their atteininge of such roumes For now saith he the ambicious desire of honour had by litle and litle begon to entre into the mindes of the Bishoppes The whiche was proued ouer true not onely in the elections of the Bishoppes of old Rome but also in many Bishoppes of other Cities especially of newe Rome These diseases in the Churche mynisters and the disorders thereout springyng the Emperours from time to time studied to cure and refourme wherefore Theodosius and Valentinianus when they sawe the great hoouing and shoouinge at Constantinople about the election of a Bishop after the death of Sismius some speakinge to preferre Philippus other some Proclus both beinge mynisters of that Churche did prouide a remedy for this mischiefe to witte they them selues made a decrée that none of that Churche shoulde be Bishop there but some straunger from an other Churche and so the Emperours sent to Antioche for Nestorius who as yet was thought both for his doctrine and life to be a fitte pastor for the flocke and made him Bishop of Constantinople As Constantinus and Theodosius the elder euen so Theodosius the seconde a very godly Emperour hauing practisinge the supreme gouernment in Ecclesiasticall causes séeinge the horrible Heresies spronge vp deuidinge the Church but specially by Nestorius did by his authoritie call the thirde generall councell at Ephesus named the firste Ephesine councell geuinge streight commaundement to all Bishops wheresoeuer that they shoulde not faile to appeare at the time appointed and further vsed the same power and authoritie in the orderinge and gouerninge thereof by his Lieutenaunt Ioannes Comes Sacrensis that other Godly Emperours had béene accustomed to vse before him accordinge to the continuall practise of the Churche as it is plainely set foorth in the booke of generall Councelles In this councell there happened so gréeuous contention betwixt Cyrillus Bishop of Alexandria and Iohn Bishop of Antioche bothe beynge otherwise godly and learned men that the councell was deuided thereby into twoo partes the occasion of this Schisme was partely that Cyrillus and certaine other with him had procéeded to the condemnation of Nestorius before that Ioannes with his company coulde come and partely for that Ioannes of Antioche suspected Cyrillus of certaine Heresies misdéeminge that Cyrill had made the more haste to confirme them before his comminge He therefore with his associates complaineth and laieth to Cyrilles chardge that he did not tarie accordinge to the commaundement of the Emperour for the comminge of the Bishoppes of other Prouinces whiche were called thither from all partes by the commaundement of the Emperour That whan the noble Erle Candidianus commaunded him by writinge and without writinge that he shoulde presume no suche matter but that he and those that were with him shoulde abide the comminge of the other Bishoppes neuerthelesse he procéeded that he and his companie were the authours of dissention and discorde in the Churche and that they had geuen the occasion that the rules of the Fathers and the decrées of the Emperours were broken and troden vnder foote wherefore they iudge Cyrill of Alexandria with Memnon Bishop of Ephesus to be deposed frō their Bishoprikes and Ecclesiasticall mynistery the other their associates to be excommunicate The whiche their doynges they signifie to the Emperour Theodosius by their Sydonical letters to vnderstande his pleasure in allowing or disallowyng of their Synodicall actes After this came the Bishoppe of Romes legates before whome in the councell Cyrillus and Memnon offered vp their libelles deposinge a contestation againste Iohn and his partie to haue them cited and render the cause of their deposition The Bishoppe of Romes legates with the consent of the councel on that parte sendeth for Ioannes and his parties who returneth this answeare Neither sende you to vs nor wee to you bicause wee looke for an answeare from the Prince touchinge you Therefore saith Liberatus Cyrill and Memnon seekinge to reuenge them selues did condemne Iohn and all those that stoode with him who suffered many displeasures at Ephesus thorough the pride of these twaine The Emperour sendeth to the whole Councell his answeare in writinge on this sorte Wee allowe the condemnation of Nestorius Cyrillus and Memnon the other actes and condemnations whiche you haue made ▪ wee disallowe obseruinge the Christian Faithe and vprightnes whiche wee haue receiued of our Fathers and progenitours c. Certaine of the Bishoppes did satisfie the Emperour whome he commaunded to enter into the Churche and to ordeine an other Bishop for Constantinople in the place of Nestorius These thinges thus doone the Emperour dissolued the Councell and commaunded the Byshoppes to departe euery man to his owne countrey Within a while after the Emperour perceiuinge the dissention betwixte Cyrill and Iohn to continewe whiche he thought was not to be suffered called Maximianus and many other Bishoppes that were then at Constantinople with whome he consulted howe this Schisme of the Churches might be taken away Whose aduise had the Emperour sente a noble man named Aristolaus with his letters to Cyrill and Iohn commaundinge them to come to an agreement and vnitie betwixte them selues otherwise he woulde depose and banishe them bothe Whereuppon followed a reconciliation betwéene the twoo Bishops and muche quietnes to the Churches Eutyches stirred vp muche trouble in these daies wherefore he was cited to appeare before Flauianus Bishop of Constantinople and other Bishoppes assembled in a Synode
to answeare vnto his heresies who woulde not appeare but fledde vnto the Emperour Theodosius and declareth vnto him his griefe The Emperour sendeth vnto the Synode with Eutyches one of his chiefe officers Florentius with this mandate Bicause wee studie carefully for the peace of Goddes Churche and for the Catholique Faithe and will by Goddes grace haue the righte Faithe kepte whiche was sette foorth by the Nicene Councell and confirmed by the Fathers at Ephesus when Nestorius was condemned wee will therefore the●e bee no offence committed aboute the aforenamed Catholique Faithe and bicause wee knowe the honourable Florentius to be a faithfull and an approoued man in the righte faithe wee will that he shalbe present in your Synode bicause the conference is of the Faithe He was there asistaunt vnto the Fathers and examined Eutyches openly in the Synode diuerse times of his faithe and finally saide vnto him He that saithe Florentius doth not confesse in Christe twoo natures doth not beleeue aright and so was Eutyches excommunicate deposed and condemned Eutyches rested not here but obteined that the Emperour did commaunde a newe Synode to be had at Constantinople wherein to examine the actes of the former whether that all thinges touching the procéeding against Eutyches were done orderly and rightly or no. He appointeth besides Florentius diuerse other of his nobles to be in this councell to sée the dooinges thereof But when Eutyches coulde not winne his purpose in neither of these Synodes he procureth by friendship of the Emperesse Eudoxia and others that the Emperour shoulde call a Synode againe at Ephesus to the whiche Synode the Emperour prescribeth a fourme of procéedinge This Synode was a wicked conuenticle wherein the trueth was defaced and Heresie approoued the Emperour beinge seduced by Chrysaphius one of the priuie chamber and in moste fauour with him Leo the first Bishop of Rome a learned and a godly Bishop although not without all faultes maketh humble supplication vnto Theodosius the Emperour and vnto Pulcheria that there might be a generall councell called in Italy to abolishe the wicked errour in Faith confirmed by the violence of Dioscorus The selfe same Bishoppe of Rome with many Bishoppes kneelinge on their knees did moste humbly beseeche in like sorte Valent inianus the Emperour that he woulde vouchesaulfe to entreate and exhorte Theodosius the Emperour to call an other Synode to reuoke those euill actes and iudgementes whiche Dioscorus had caused to be done in the condemnation of Flauianus Bishop of Constantinople and others In whiche examples it is manifest that the Bishops of Rome did acknowledge the supreme gouernment direction and authoritie in callinge of councelles whiche is one of the greatest amongest the Ecclesiasticall causes or matters to be in the Emperours and Princes and not in them selues Marcianus a godly Emperour and very studious about the Christian Religion succeded Theodosius who besides that of him selfe he was muche carefull to suppresse al heresies and to refourme the Churches restoring Religion to puritie without errour was also hastened hereunto by the earnest sute of Leo Byshop of Rome who in diuerse and sondrie epistles declaring vnto him in moste humble wise the miserable state of the Churche dooth beseche him that he would vouchsaulfe to call a general councell Many other Byshops make the same suite vnto the Emperour and to the same ende complaining vnto him of the miserable destruction and horrible disorders in church causes An example and paterne of their supplications wherby may appeare that they acknowledged the Emperour to be their Supreme gouernour also in Ecclesiasticall causes or matters is sette foorth in the Chalcedon councell in the supplication of Eusebius the Bishop of Dorelaum vnto the Emperour who maketh humble supplicatiō as he saith for him selfe and for the true or right faith VVe flie vnto your godlines saith this Bishop vnto the Emperour bicause both we and the Christian faith haue suffered muche wronge against all reason humbly crauing iustice and for that Dioscorus hath doon many and that no small offences both against the faith of Christe and vs prostrate we beseche your clemency that you will commaunde him to aunswere to the matters we shall obiecte against him wherin we will proue him to be out of the catholique faith defending heresies replete with impietie VVherefore we beseche you to directe youre holy and honourable commaundement to the holy and vniuersall councell of the moste religious Bishoppes to examen the cause betwixt vs and Dioscorus and to make relation of all thinges that are doon to be iudged as shall seeme good to your clemency The Emperour protesting that they oughte to preserue the furtheraunce of the right faythe and Christian Religion before all other affaires of the common wealth sendeth their letters of summons to all Bishoppes commaundinge them to repaire to Nice a citie in Bithynia there to consulte and conclude an vnitie and concorde in Religion matters perteining thereunto that hereafter all altercation doubtfulnesse be taken cleane away an holesome trueth in Religion established addinge threates punishment to them that would refuse to come at the time appointed Whan thassembly was made at Nice of all the Bishops and that the Emperours could not come thither to be present in the Synode personally whiche they had promised and did much coueite they write vnto the whole Synode willing them to remoue from Nice vnto Chalcedon with out delay where they assembled at the Emperours commaundement to the number of 630. Bishoppes The Emperour assigneth Iudges and rulers in the Sinode about 24. of the chiefest of his Nobles and Senatours After all the Bishoppes and the Iudges were assembled in the councel house which was in S. Euphemies church the Emperour Martianus with Pulcheria entreth in amongst them maketh an Oration vnto the whole Councell to this effecte First he declareth what zeale care he hath for the maintenance and furtherance of true Religion Then he sheweth that partely the vanitie partely the auarice of the teachers had caused the discorde and errour in Religion He addeth the cause wherefore he chardged them with this trauaile And last of al he prescribeth a fourme after which they must determine the matters in controuersie This done the Iudges sat downe in their places the Bishoppes arowe some on the right hande others on the left hande And whan that Dioscorus was accused the Iudges willed him to vse his lawful defence there began to be amongst the Bishops whote schooles wanting some modestie wherfore the Iudges at the first staied them with milde wordes VVilling them to auoide confusion but being earnest they ouershot the modestie of so graue men wherfore the honourable Iudges and Senate of the Laity appointed by the Emperour did reproue thē saiyng These popular acclamations neither becommeth Bishoppes neither yet helpe the parties be ye quiet therfore and suffer al things to be rehersed and heard in order with quietnes VVhen
shewe muche that the Princes had no small entermedlinge and authority in Synodes Church matters This Synode was summoned to be kepte in Rome by the commaundement of the moste honorable Kinge Theodoriche He declareth that many and gréeuous complaintes were brought vnto him againste Symachus Bishoppe of Rome Symachus commeth into the Synode to answeare for him selfe geueth thankes to the Kinge for callinge the Synode requireth that he may be restored to suche thinges as he had loste by the suggestion of his enemies and to his former state and then to come to the cause and to answeare the accusers The more parte in the Synode thought this his demaunde reasonable Decernere tamen aliquid Synodus sine regia notitia non praesumpsit Yeat the Synode praesumed not to decre● any thinge without the Kinges knowledge Neyther came it to passe as they wished for the Kinge commaunded Symachus the Bishoppe of Rome to answeare his aduersaries before he shoulde resume any thinge And so the kinge committed the whole debatinge and iudginge of the matter to the Synode whiche concludeth the sentence with these woordes VVherefore accordinge to the Kinges will or commaundement who hath committed this cause to vs wee refourme or restore vnto him to Symachus what right so euer he ought to haue within the Citie of Rome or without As it is and shalbe most manifestly prooued and testified by the oecumenicall or general councelles wherin the order of the ecclesiastical gouernment in Christs Church hath béene most faithfully declared and shewed from time to time as you your selfe affirme that suche like gouernement as the Quéenes Maiestie doth claime and take vppon her in Ecclesiasticall causes was practised continually by the Emperours and approued praysed and highly commended by thousandes of the beste Bishoppes most godly Fathers that hath béene in Christes Church from time to time euen so shall I prooue by your owne booke of generall councelles mangled maymed and set foorth by papishe Donatistes them selues and other suche like Churche writers that this kinde and suche like gouernment as the Quéenes Maiestie doth vse in Churche causes was by continuall practise not in some one onely Churche or parte of Christendome whereof you craue proufe as though not possible to be shewed but in the notablest Kingdomes of al Christendome as Fraunce and Spaine put in vre whereby your wilfull and malicious ignorance shalbe made so plaine that it shalbe palpable to them whose eyes you haue so bleared that they cannot sée the trueth Clodoueus about this time the firste Christian kinge of Fraunce baptized by Remigius and taught the Christian faith perceyuinge that thorough the troublesome times of warres the Churche discipline had béene neglected and muche corruption crepte in doth for reformacion hereof call a nationall councell or Synode at Aurelia and commaundeth the Bishoppes to assemble there together to consult of suche necessary matters as were fitte and as he deliuered vnto them to consulte of The Bishoppes doo accordinge as the Kinge cōmaundeth they assemble they commende the kinges zeale and great care for the catholique faith and Religion they conclude accordinge to the Kinges minde and doth referre their decrées to the iudgement of the Kinge whome they confesse to haue the superioritie to be approoued by his assent Clodoueus also called a Synode named Concilium Cabiloneū and commaunded the Bishoppes to consider if any thing were amisse in the discipline of the Churche and to consulte for the reformation therof and this saith the Bishoppes he did of zeale to Religion and true faith Other fower Synodes were summoned afterwarde in the same Citie at sondry times by the commaundemēt of the king named Childebert moued of the loue care he had for the holy fayth and furtheraunce of Christian Religion to the same effect and purpose that the first was sommoned for This kyng Childebert caused a Synode of Bishoppes to assemble at Parys and commaunded them to take order for the reformation of that Churche and also to declare whom they thought to be a prouident Pastor to take the care ouer the Lordes flocke the Bishop Saphoracus beinge deposed for his iust demerites Theodobertus king of Fraunce calleth a Synode at Aruerna in Fraunce for the restoring and establyshing the Churche discipline Gunthranus the king calleth a Synode named Matisconens 2. to refourme the Eclesiasticall discipline and to confirme certeine orders and ceremonies in the Churche whiche he declareth plainely in the Edict that he setteth foorth for that purpose Wherein he declareth his vigilant and studious carefulnes to haue his people trained brought vp vnder the feare of God in true Religion and godly discipline for otherwise saith this Christian king I to whom God hath committed this charge shall not escape his vengeaunce He sheweth the Bishops that their office is to teach comfort exhort to reproue rebuke and correct by preaching the worde of God He commaūdeth the elders of the Churche and also others of authoritie in the common weale to iudge and punishe that thei asiste the Bishoppes and sharpely punishe by bodely punishement such as will not amende by the rebuke and correction of the worde and churche discipline And concludeth that he hath caused the Decrees in the councell touching discipline and certeine ceremonies to be defined the whiche be doth publishe and confirme by the authoritie of this edict After the death of Anastasius the Emperour Iustinus reigned alone a right catholique Prince who immediatly sent messengers vnto the Bishop of Rome who should both confirme the authoritie of the sea and also shoulde prouide peace for all Churches so muche as might be with whiche doinges of the Emperour Hormisda the Bishop of Rome being moued sent vnto the Emperour with consent of Theodoriche Legates Martinus P●●nitentiar●us telleth the cause of this legacy was to entreate the Emperour to restore those Bishoppes which the wicked Anastasius had deposed This godly Emperour Iustinus saieth Martyn did make a Lawe that the Churches of the Heretiques shuld be consecrated to the catholique Religion but this Decree was made in Iohn the next Popes daies The whiche edict when the kyng Theoderiche being an Arian saieth the same Martyn and kinge of Italy herde he sent Pope Iohn saith Sabellicus with others in embassage vnto the Emperour to purchase libertie for the Arians Iustinus receyued these Embassadours honourably saith Platina and the Emperour at the lengthe ouercome with the humble suite of the Pope whiche was sauced with teares graunted to him and his associates that the Arians shoulde bee restored and suffered to lyue after their orders In this history this is not vnworthy the noting that the Pope did not onely shewe his obedience and subiectiō to the godly Emperour but also that the secular Princes ordeyned Lawes Ecclesiastical with the which the Pope could not dispence For all this busynes arose about the decree whiche the Emperour had made in an Ecclesiasticall cause or matter If the Popes
coastes vnto a generall Councell in his letters of Sommons to Donus but committed to Agatho Bishoppe of Rome Donus beinge dead he admonisheth him of the contētion betwixt the sea of Rome and Constantinople he exhorteth him to laie aside all strife feruencie and malice and to agrée in the trueth with other addinge this reason For God loueth the trueth and as Chrysostome saithe He that wilbe the chiefest amongst all he must be mynister vnto all by whiche reason made by the Emperour it may séeme that the pride of those twoo seates striuinge for superioritie and supremacie was a great nourishment of the Schisme whiche was chiefly in outwarde shewe onely for doctrine He protesteth that he will shew him selfe indifferent without parcialitie to any parte or faction onely séeking as God hath appointed him to keepe the Faith that he had receiued wholy and without blotte He exhorteth and commaundeth the Bishoppe of Rome not to be an hinderaunce but to further this Councell with sendinge suche as are fitte for suche purpose The Bishoppe of Rome obeyeth the Emperours commaundement And the like letters the Emperour sendeth to George Bishoppe of Constantinople and others The Emperour sat in the councell him selfe as President and moderatour of all that action hauinge on his right hande a greate companie of his Nobles and of his Bishoppes on his lefte hande And whan the holy Ghospelles was broughte foorth and laide before them as the iudges whose sentence they ought to followe as it was also wonte to be doone in the forenamed Councelles The deputies for the Bishoppe of Rome standeth vp and speaketh vnto the Emperour in moste humble wise callinge him moste benigne Lorde affirminge the Apostolike seate of Rome to be subiect vnto him as the seruaunt vnto the Maister and beséechinge him that he will commaunde those that tooke parte with the Bishoppe of Constantinople whiche had in times paste brought in newe kindes of speache and erronious opinions to shewe from whence they receiued their newe deuised Heresies The Emperour commaundeth Macarius Archebishoppe of Antioche and his side to answeare for them selues And after diuerse requestes made by him to the Emperour and graunted by the Emperour vnto him the Emperour commaundeth the Synode to staie for that time In the next session after the selfe same order obserued as in the firste Paulus the Emperours Secretarie beganne to put the Councell in remembraunce of the former daies procéedinge The Emperour commaundeth the Actes of the Chalcedon Councell to bée brought foorth and redde At length whan a manifest place was alledged out of Leo the Pope the Emperour him selfe disputed with Macarius on the vnderstandinge thereof The Secretary hauinge offered the bookes of the fifte Councell the Emperour commaundeth the Notary to reade them The Notary beganne to reade and within a while the Popes Legates risinge vp cried out this Booke of the fifte Synode is falsified and there alledged a reason thereof wherewith the Emperour and the iudges beynge mooued beganne to looke more narrowly to the booke and espyinge at the laste that three quaternions was thruste into the beginninge the Emperour commaunded it shoulde not be redde Note here that the Popes Legates were but the plaintife parties in this Councell and not the Iudges thereof the whiche more plainely followeth eyther parties striuynge vppon a like corrupte place The Emperour commaunded the Synode and the Iudges whiche were Lay men to peruse the Synodicall bookes and to determine the matter whiche they did George the Archebishop of Constantinople most humbly beséecheth the Emperour that he will cause the letters whiche Agatho the Pope and his Synodo sent vnto the Emperour to be redde ones againe the Emperour graunteth his request In the nexte session the order and fourme obserued as in the firste the Emperour commaunded firste of all Pope Agatho his letters to be redde in the whiche letters is manifestly confessed by the Pope him selfe so well the Emperours supreme gouernment in Ecclesiasticall causes as the Popes obedience and subiection vnto him in the same For in the beginninge he declareth what pleasure and comforte he conceyued of this that the Emperour sought so carefully that the sincere Faith of Christe shoulde preuayle in all Churches that he vsed suche mildenes and clemencie therein followynge the example of Christe in admonishynge him and his to geue an accompte of their Faith which they preached that beinge emboldened with these comfortable letters of the Emperour he perfourmed his ready obedience in accomplishinge the Emperours praeceptes effectually That he made inquisicion for satisfiynge of his obedience to the Emperour for apt men to be sente to the councell the whiche thing saith the Pope to the Emperour the studious obedience of our seruice woulde haue perfourmed soner had it not been letted by the great circuite of the Prouince longe distances of place He protesteth that he sendeth his Legates accordinge to y t Emperours commaundement not of any sinister meaninge but for the obedience sake to the Emperour whiche saith he we owe of dutie He maketh a confession of his faith concerning the controuersie adding the testimonies of many auncient fathers And he dooth proteste that he with his Synode of the Westerne Bishoppes beleueth that God reserued the Emperour to this tyme for this purpose That he the Emperour occupiynge the place and zeale of our Lorde Iesu Christe him selfe here in earth shoulde giue iust iudgement or sentence on the behalfe of the Euangelicall and Apostolicall truthe In the next session the Emperour sitteth as Presidēt and Moderatour accompanied with many of his nobles sitting about him On his right hande sate Georgius the Archebishop of Constantinople called newe Rome and those y e were with him on the other side vpon the Emperours lefte hande sate the Legates of the Archebishop Agatho of olde Rome these two as agent parties When they were thus set the Emperours Secretary brought foorth the Ghospelles putteth the Emperour in mynde what was done the session before and desireth his maiestie to cause Macarius his party to bryng out likewise their testimonies as the Legates from Agatho of olde Rome had done for their party The Emperour cōmaundeth Macarius obeith and desireth that his bookes may be redde the Emperour commaundeth they should so be After the shewing of the allegations on bothe sides the Legates of olde Rome desier the Emperour that they may know if the aduersaries agree on the tenour of their two forsayde suggestions The aduersaries beseche the Emperour that they might haue the copies of them the Emperour cōmaundeth that without delay their request should be fulfilled The bookes were brought foorth and sealed with the seales of the Iudges either of the parties This againe proueth that the Popes Legates were none of the Iudges but one of the parties And so in the eight nynth and tenth action the same order of doyng is obserued in like sort as before in suche wise that no one in the Synode
neither the whole Synode doth any thing without licence and the direction of the Emperour the president and chief ruler in all those causes In the ende of the eleuenth Action The Emperour assigneth certeine of his noble counsailours to be the directours in the Synode for that he was to bee occupied in other weighty affaires of the common weale Hetherto we see how the Emperour in his owne persone with his lay Princes also was the supreme gouernour was the President ouersear commaunder ratifier and directour of all thinges done in the councell The Popes Legates and all the whole coūcell humbly yelding al these thinges vnto him alone The residue of the actes or any thinge therein done was likewyse his deede by his deputies although he him selfe in persone was not present The Bishops and Clergy which were of the Prouince of Antioche whan Macarius was deposed by the iudgemēt of the Synode do make supplication vnto the Iudges the Emperours deputies counsailours that they wilbe meanes vnto the Emperour to appoint them an other Archbishop in the place of Macarius nowe deposed The Iudges make them aunswere that it was the Emperours pleasure that they shoulde determine amongest them selues whom they would haue and bringe their decree vnto the Emperour At the last the whole Synode doo offer their diffinition subscribed with their handes to the Emperour besechinge him to examen and confirme the same The Emperour within a whyle saith we haue redde this definition geue our cōsent therunto The Emperour asked of the whole Synode if this definition be concluded by vnifourme cōsent of all the Bishops the Synode answered VVe all beleue so we be al of this mynde God sende the Emperour many yeares Thou hast made all heretiques to flie by thy meanes all Churches are in peace accursed be all Heretiques In the whiche curse the whole Synode curseth Honorius Pope of Rome with the great curse whome the Synode nameth in 17. action one of the chiefest of these Heretiques who ar herecursed The Emperour protesteth that his zeale to conserue the christian faith vndefiled was the only cause of calling this Synode He she weth what was their partes therein to wyt to weighe consideratly Gods holy Scriptures to put a way all noueltie of speche or ●ssertion added to the pure Christian faith in these latter daies by some of wicked opinion and to deliuer vnto the Church this faith most pure and cleane They make a commendatory oration vnto the Emperour with muche ioyfulnes declaring that this his fact about this Synode in procuring to his subiectes true Godlines and to all the Churche a quiet state was the most comely thing the most acceptable seruice the most liberall oblation or sacrifice that any Emperour might or coulde make vnto God And declaring the humble obedience to his precept or sommons of the Bishoppe of Rome who sent his Legates being sicke him selfe and of them selues being present in their owne persones they doo moste humbly beseche him to set his seale vnto their doinges to ratifie the same with the Emperiall wryt and to make edictes and constitutions wherewith to confirme the actes of this councell that all controuersie in tyme to come may bee vtterly taken away All whiche the Emperour graunted vnto them addinge his curse as they had do●n before so well against all the other Heretiques as also against Honorius late Pope of Rome a companion fautour and confirmer saieth he of the others heresies in all pointes After this the Emperour directeth his letters to the Synode at Rome of the Westerne Bishoppes wherein he commendeth their diligence about the confuting of the heresies He describeth the myserable estate the Churche was in by meanes of the Heresies for sayth he the inuentours of Heresies are made the chiefe Bishoppes they preached vnto the people contention in steade of peace they sowed in the Church forrowes cockle for wheate all Churche matters were troubled and cleane out of order And bicause these thynges were thus disordered and impietie consumed Godlines wee set forwarde thither wherunto it becommed vs to directe our goinge meanyng to seeke by all meanes the redresse of these disorders in Churche matters wee labour with earnestnes for the pure faithe wee attende vppon Godlines and wee haue our speciall care aboute the Ecclesiasticall state In consyderation whereof wee called the Byshoppes out of farre distaunte places to this Synode to set a Godly peace and quietnes in the Churche matters c. To this epistle of the Emperour Leo the seconde Bishop of Rome maketh aunswere for Agatho was dead by letters whereof this is the effect I geue thankes vnto the kyng of kynges who hath bestowed on you an earthly kyngdome in suche wyse that he hath geuen you therewith a mynde to seeke much more after heauenly thinges Your pietie is the fruite of mercy but your authoritie is the keper of discipline by that the Princes minde is ioyned to God But by this the subiectes receyue reformation of disorders Kinges ought to haue so muche care to refourme and correcte naughtynes amongest their subiectes as to tryumphe ouer their enemies for in so dooinge they make their authoritie subiect to serue him by whose gifte and protection they reigne VVherefore seinge that the holy mother the Churche whiche is the Body of Christe enioyeth by meanes of you her sincere and principall childe an inuincible soundnes Therefore it is written of you most mercifull Prince and of that same holy Churche dispersed thorough out all the worlde Kinges shalbe thy noursinge fathers and in like sorte it is writen the honour of the Kinge loueth iudgement in that you set muche more by heauenly than by earthly thinges and doo preferre without comparison the right faith before all worldly cares what other doo you herein than make right iudgement bonde and seruiceable to Goddes honour and religion and to offer vnto his diuine Maiestie an oblation and burnt Sacrifice of sweete sauour vppon the aultar of your harte God inspire encrease and replenishe your princely harte with the light of the Catholique doctrine whereby the clowdes of the haereticall prauitie may be driuen away I receiued most ioyfully the Synodicall actes with your letters of highest authority by the legates your humble seruauntes whiche were sente vnto the Councell from my praedecessour Agatho at your commaundement Wherefore with thankes geuinge I crie vnto the Lorde O Lorde saue our moste Christian Kinge and heare him in the day he calleth vpon thee By whose godly trauaile the Apostolike godly doctrine or Religion shineth thorough the worlde and the horrible darkenes of hereticall malice is vanished away For thorough your trauaile God assistinge the same that mischiefe whiche the wicked crafte of the Deuill had brought in is ouerthrowne the benefite of the christian Faith that Christe gaue to the saluation of man hath wonne the ouer hande The holy and great generall Councell whiche of late hath beene congregate at Constantinople by
honesty Certaine of Rome came to Charles to accuse this Pope Charles putteth of the examinacion of the matter till an other time promisinge that he woulde within a while come to Rome himselfe whiche he did after he had finished his warres He was honorably receiued of the Pope The eight day after his cominge into Rome he commaunded all the people and the Cleargy to be called togeather into S. Peters churche appointing to here and examine the Pope touchynge that he was accused of in the open assembly When the Cleargie and the people were assembled the Kinge examineth them of the Popes life and conuersacion and the whole company beinge willed to saie their mindes answeare that the manner hath béene that the Popes shoulde be iudged of no man but of them selues Charles beinge mooued with so sore gréeuous an answeare gaue ouer further examinacion Leo the Pope saith Piatina who did earnestly desire that kinde of iudgement to geue sentence he meaneth in his owne cause wente vp into the pulpit and holdinge the Ghospels in his handes affirmed by his Othe y t he was guiltes of all those matters wherewith he was chardged Whereunto Sabellicus addeth the Popes owne testimonie of him selfe was so waighty as if it had beene geuen on him by other so muche auaileth a mans owne good reporte made of himselfe in due season for wante of good neighbours This matter if it were as the Popes flatterers write thus subtily compassed although Martinus saith flatly that he was driuen to purge him selfe of certaine crimes laide to his chardge yet not withstanding the kinge toke vpon him both to examine the matter to determine therein and as appeareth tooke their answeare no lesse insufficient than gréeuous although he winked at it bicause he looked for a greatter pleasure to be shewed him againe in consecratinge him Emperour promised longe before whiche this Pope perfourmed and solemply with great acclamations of the people crowned him Emperour of Rome For saithe Platina The Pope did this to shewe some thankefulnes againe to him who had well deserued of the Churche Ansegisus Abbas gathereth together the decrées that this Charles and his sonne Lodouicus had made in their times for the reformation of the Church causes Amongst other these The Canonicall Scriptures onely to be redde in the Churches For the office of Bisshops in diligēt preaching and that onely out of the holy Scriptures that the communion shoulde be receiued three times in the yeere The abrogatinge and taking away a great number of holy daies besides sondaies and that childrē before ripe yeeres should not be thrust into religious houses And that no man shoulde be professed a Monke except licence were first asked and obteined of the King He decreed also and straightly cōmaunded that Mōkes being Priestes should studie diligently should write rightly shoulde teache children in their Abbayes and in Bisshops houses That Priestes should eschue couetousnes glotony ale houses or tauernes seculer or prophane busines familiaritie of women vnder paine of depriuation or degradation He prouided to haue and placed fit pastours for the Bishoprikes and cures to feede the people He ordeined learned Scholemaisters for the youth and made deuout abbottes to rule those that were enclosed in Cloisters saith Nauclerus As it is saide of kinge Dauid y t he set in order the Priestes Leuites singers porters ordered all the offices officers required to be in the house of the Lorde for the settyng foorth of his seruice and Religion Euen so this noble Charles lefte no officer belonginge to Goddes Churche no not so much as the singer porter or Sexten vnapointed taught his office duety as Nauclerus telleth Besides the authoritie of this noble Prince in gouerning directing al Church matters his zeale care therfore in such sort as the knowledge of y t superstitious time would suffer is plainely shewed in an Iniunction that he gaue to al estates both of the Layty Cleargie to this effect I Charles by the grace of God Kinge and gouernour of the Kingdome of Fraūce a deuout and humble maintainour and ayder of the Churche To al estates both of the Layty and the Cleargy wishe saluatiō in Christ Considering the exceeding goodnes of God towardes vs and our people I thinke it very necessary wee rendre thankes vnto him not onely in harte and woorde but also in continuall exercise and practise of well doing to his glory to the ende that he who hath hitherto bestowed so great honour vpon this kingdome may vouchesaulfe to preserue vs and our people with his protectiō VVherfore it hath seemed good for vs to mooue you ô yee pastours of Christes Churches leaders of his flocke and the bright lightes of the worlde that yee will trauaile with vigilant care and diligent admonition to guide Goddes people thorough the pastures of eternall life c. Bringinge the stray sheepe into the foulde least the wolfe deuoure them c. Therfore they are with earnest zeale to be admonished and exhorted yea to be cōpelled to keepe them selues in a sure faith and reasonable continuaūce within and vnder the rules of the Fathers In the which woorke and trauaile know yee right wel that our industrie shall woorke with you For whiche cause also wee haue addressed our messengers vnto you who with you by our authoritie shall amende and correct those thinges that are to be amended And therefore also haue wee added such Canonicall constitutions as seemed to vs most necessarie Let no man iudge this to be praesumptiō in vs that we take vppon vs to amende that is amisse to cut of that is superfluous For wee reade in the bookes of Kinges howe the holy Kinge Iosias trauailed goynge the circuytes of his kingedome or visitinge correctinge and admonishinge his people to reduce the whole kingedome vnto the true Religion and Seruice of God I speake not this as to make my selfe equall to him in holines but for that wee ought alwaies to follow the exāples of the holy kinges and so much as we can we are bounde of necessitie to bring the people to follow vertuous life to the praise and glory of our Lorde Iesus Christ c. And anon after amongst the rules that he prescribeth vnto them this followeth First of al that all the Bisshoppes and Priestes reade diligently the Catholique Faith and preache the same to all the people For this is the first precept of God the Lorde in his Lawe Heare ô Israel c. It belongeth to your offices ô yee pastours and guydes of Goddes Churches to sende forth thorough your Diocesses Priestes to preache vnto the people and to see that they preache rightly and honestly That yee doo not suffer newe thinges not Canonycall of their owne minde forged and not after the holy Scriptures to be preached vnto the people Yea you your owne selues preache profitable honest and true thinges whiche doo leade vnto eternall life And
again vnto Ther●e the tenour wherof foloweth after Gratianus reporte I haue red your letters wherin you require me to consecrate the newly elect Bishop of Reatin chosen by the consent of the Clergie and people least the Churche should be long destitute of a propre pastour I am sory for the death of the other but I haue defered the confecration of this for that he brought not with him the Emperours licence vt mos est as the maner is I haue not satisfied youre minde herein least that the Emperour shuld be displeased at my doing Therfore I require you for otherwise I ought not to medle to purchase the Emperours licēce directed vnto me by his letters vt prisca consuetudo dictat as the auncient custome doth will and then I will accomplis he your desier I pray you take not this my doing in euill parte Wherof it is manifest inough saith Nauclerus that of the Emperours at that time the Bisshops had their inuestitures although Anto. doth glosse otherwise saiynge that perhaps this electe Bisshoppe was belonging to the Court who ought not to be ordered Not only the textes of many decrees in this destinctiō doth confirme this to be true but also Gratian himselfe and the glossars do in many places affirme that this was the auncient custome and constituion in the Churche that the elections of the Bisshops of Rome and of other Bishops also should be presented to the Emperours and Princes before they might be cosecrated Immediatly after the death of Stephen Paschalis 1. was chosen Pope He being encouraged by al likelihood by his predecessours like entrance thinking to entreate the Emperour so easely as Stephen had done And boldened with a late made Canon by Stephen suffred him self to be enstalled consecrate without Themperours inuesturing leaue authoritie Neuertheles being better aduised mistrusting his presūpteous disobediēt fact wolde displease Thēperour as it did in dede he sent by by his Legates to Themperour to excuse him self laieth all the fault on the people Clergy Thēperour accepting this excuse for that time warneth the people and Clergy of Rome that they take good hede that they do no more offende against his maiestie but that hereafter they doo warely obserue and kepe the old orders and constitutions He calleth this attempt plain treason This Emperour called a councel at Frankforth he bestowed Spiritual promocions and instituted his brother Drogo the chiefe mynister or Bishop at Mettes In the meane whyle dieth Pope Paschalis next to whom folowed Eugenius but elected not without contention and liued but a while after whom succeded Valētinus who liued in the papacy but fourty days Next vnto him was chosen Gregory the fourth who was of so great modestie saieth Platina that being elected Pope of the Clergy and people of Rome he would not take vpon him the office before he had his confirmation of the Emperours Embassadours whom the Emperour had sent to Rome for that purpose and to examen diligently that election And Lodouicus the Emperour did this not of pride but that he woulde not loose the priuileges and rightes of the Empire Note all these thinges well the Pope on the one part whā he was chosen without any contention yet would he not be consecrate without the Emperours confirmation otherwise he thought it an vnmodest part The Emperour on the other side not onely sendeth his Embassadours to confirme but or euer they confirme him to examyn and diligently to discusse after what sorte he came in and whether he were elected lawfully or no. And this he did not of a pryde saye they muche lesse of any vsurpation but bicause he woulde not loose or diminishe the right herein that belonged to the Emperiall maiestie Here say they he did it of purpose bicause he would not lose his right and not his onely but the right of the Empire But least it should séeme he did tyrannously herein and oppressed the Churche or enfringed her liberties it foloweth all most worde for worde in both these writers Platina and Nauclerus For he was a milde merciful and most gentle Prince of nature and one that did alwayes mainteine the right and dignitie of the Churche Loo howe great clemency this is compted in him and the defence of the dignities and rightes of the Churche the whiche afterwardes and nowe of the Popes is compted the greatest tyranny and oppression of the Churche that can be But further to approue this deede of Lodouike the foresayde authours recite many Canons decrees constitutions that this Emperour made in Ecclesiasticall causes and thinges and especially for the reformation of the disordered behauiours of the Bishoppes and Clergie In so muche that Platina comparinge the dissolutenesse of the Churchemen in his time crieth out Woulde God O Lodouike thou were aliue in these our times for nowe the Churche wanteth thy moste holy ordinaunces and thy discipline The selfe same Lodouicus saith Platina called a councell of many Bisshoppes at Aquisgrane to Goddes honour and the profite of the Church dignitie The Prelates in the preface to this Sinode doo declare what was the care authoritie of the Godly Emperour in this Sinode They affirme that the moste Christian Emperour had called an holy and general congregation or Councell at Aquisgrane He beganne therein thoroughly to handle the mater with wisedome voide of curiositie He counsailed yea warned the holie Synode assembled what was néedefull to be doone touching certaine chiefe ministees of the Churches He warned them further to drawe out of the Holie Canons and the saiynges of the holie Fathers a fourme of institution for the simple sōrte of Ministers whereby they might more easilie learne to walke in theyr duties without offence The Synode geueth God thankes that he had praeferred so holie wise and deuout a Prince to haue the chardge and ouersight of his Churche and the Churches needefull businesse or matters The Synode accordinge to the kinges aduertisement furthered also with his helpe otherwise collecteth a fourme of Institution wherein is conteined at large after what sorte the Prelates oughte to frame their liues rule or gouerne the people committed to their cures c. This done they bring to the Prince their fourme of institution whiche they had deuised This Emperour called an other Councel at Ticinum in Italy for the causes hereafter expressed The matters or causes which the honorable Emperour Lodouicus did commaunde his Bishoppes to consider of are these touching the state of his kingedome of the conuersation of the Bishoppes Priestes and other Churchmen of the doctrine and preachinge to the people of writinge out of Bookes of restoring of Churches of ordering the people and hospitalles for strangers of Monasteries both for men and wemen What so euer is out of order in these forenamed states eyther thorough the negligēce of the guides or the slouthfulnesse of the inferiours I am saide he verie muche desirous to knowe and I coueite to amende or refourme
them according to Goddes will and your holy aduise in suche sorte ▪ that neither I be founde reproueable in Goddes sight neither you nor the people incurre Goddes wrathfull indignation for these thinges howe this may be searched founde out and brought to perfection that I committee to be entreated by you and so to be declared vnto me The lesser matters also whiche in generall touche all but in especiall some and neede reformation I will that yee make enquirie of them and make relation vnto me thereof as for example if the rulers in the countreys neglect or sell Iustice if they be takers or oppressours of the Churches widowes orphanes or of the poore Yf they come to the sermons Yf they doo reuerence and obey duely their Priestes Yf they presume to take in hande any new opinions or argumentes that may hurt the people c. The Bishoppes after they had consulted vpon these matters doo make relation vnto the Emperour what they had done shewynge him that they had founde some of the Bishoppes and chiefe Mynisters faulty and humbly pray the Emperour on their behalfe that he will of his goodnes graunt these some space to amende their faultes They complaine to the Emperour of Bishops Priestes for lacke of preachinge and that noble men gentle men come not vnto those few sermons that bée And so then recyte many other enormities as about tythes incest and suche like especially in religious persones who for the most parte are cleane out of order And to bringe these to their former order and state resteth say they in your disposicion ▪ Thus doth this Kinge take vppon him and thus doo the Bishoppes yéelde vnto him the gouernment aswell of Ecclesiasticall as Temporall causes and thinges On this wise did Lodouicus alwaies exercise him selfe in so muche that for his carefull gouernment in Churche matters he was surnamed Pius the godly as his father before him was called Magnus the great Pope Leo. 4. writeth his humble letters vnto Lotharius on the behalfe of one Colonus who was chosen to be Bishop of Reatina but he might not consecrate him without the Emperours licence first obteined thereunto and therfore praieth the Emperour of his fauour towardes Colonus Vt vestra licentia accepta ibidem Deo adiuuante eum consecrare valeamus Episcopum That hauinge your licence wee may haue authoritie by Goddes helpe to consecrate him Bishoppe there Vppon this woorde Licence The Glossar noteth the consente of the Prince to be required after the election be made Nexte to Leo sauinge the woman Pope Iohan was Benedictus 3. chosen who was ratified and confirmed by the Emperours authoritie who sente his Embassadours to Rome for that purpose This Pope is commended for his greate godlines But he was ouer godly to liue longe in that sea neuerthelesse he was not so godly as the moste of his successours were al together vngodly as your owne writers make reporte And to note this chaunge the better Nauclerus telleth of diuerse wonders howe the Deuill appeared in an vgly shape and hurled stones at men as they went by set men togeather by the eares bewraied théeues and priestes of their lemmans and such like Howe it rained bloudde thrée daies and thrée nightes How great Grassehoppers with sixe wynges and sixe féete and twoo téethe harder then any stone couered the grounde and destroied the fruites not altogeather vnlike those Grassehoppers that S. Iohn noteth in his Reuelation to come from the bottomlesse pitte after the starre was fallen After this folowed a great pestilence Whiche woonders if they be true be not vnwoorthy the notinge consideringe the chaunge that folowed For hitherto still from time to time although some Popes did priuily attempte the contrarye yet the Emperours alwaies kepte the confirmation of the Pope the inuesturinge of Bishoppes and the orderinge of many other Ecclesiasticall matters tyll the next Pope beganne openly to repine at the matter and his successour after him to Curse and some of those that folowed fell from chidinge and cursinge to plaine fightinge for the same In the whiche combate though with muche adooe at length they wroonge them selues from vnder the Emperours obedience Yet alwaies euen hitherto Princes haue had no litle interest in Ecclesiasticall causes as hereafter shall appéere After Benedictus was Nicolas chosen whom the Emperour him selfe beynge present did confirme as witnesseth Nauclerus At the same time was the Emperour Lodouicus 2. at Rome who confirmed the Popes election The same also saith Martyn to the whiche Volateran addeth of the Emperour the Pope De communi consilio ambo cuncta gerebāt All thinges were doone by common counsaile or consent of bothe the Emperour and the Pope And least it might be thought he meaneth not as wel Ecclesiastical as Temporal matters Sabellicus maketh the matter more plaine affirming that the Emperour and the Pope had secrete conference together many daies and had consultation both touching the matters perteining to Christian Religion and also of the state of Italy And a litle after talking of the Pope The Pope decreed by the consent of Lodouicus that from thence foorth no Prince no not the Emperour him selfe should be present in the councell with the Cleargie onles it were when the principall pointes of faith were treated of Hitherto in all these Ecclesiasticall causes the Emperour hath the doinge as well or more than the Pope But this last decree that by the allowāce of the Emperour the Pope made exempteth Temporall Princes from Ecclesiasticall matters in their councelles though in the most principall matters Ecclesiastical cōcerning faith it leueth to them their interestes Martinus the second gat into the Papacie malis artibus by naughty meanes saith Platina and as is noted in the margent it was in this Popes time that first of all the creation of the Popes was made without the Emperours authoritie But this Pope died so shortely as he came in naughtily After whom Adriā the third like vnto his predecessour the second of that name who by cūning sleight practised to defraude the Emperour of his authoritie espying oportunitie by reason that Charles the Emperour as Sabellicus saith was farre of busied in the warres doth promote this matter to be decreed by the Senate and the people and this he did immediatly after he was made Bishop and persuadeth them that they doo not hereafter wayte for the Emperours approbation and confirmatiō in appointing their Bishop but that they shoulde kepe to them selues their own fredome The whiche thinge also Nicolaus the firste with others attempted but coulde not bringe it to passe as Platina reporteth Who also wryteth that the Romaines had conceiued an hope of great libertie in the hauty courage of this Pope beinge a Romaine borne But to their great griefe he within a while was taken from them The next Pope Stephen had an obscure tyme sauing that Charles therein called a councell at Collen and after him Arnulphus the Emperour other twoo the one
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
permitted to speake That is as your owne doctour Nicol. de Lyra expoundeth it Women muste not teache and preache the doctrine in the Churche neyther dispute openly Therefore our Sauiour Christe did not committe to Kinges Quéenes and Princes the authoritie to haue and take vpon them any parte of gouernement in Ecclesiasticall causes As though a younge Nouice of your Munkishe order shoulde haue argued Nunnes muste kéepe silence and maye not speake in the Cloysture nor yet at dinner time in the fraytry therefore your deceyuer the Pope did not committe authoritie to his Prouincialles Abbottes Priors and Prioresses to haue and take vppon them the gouernement vnder him selfe in Munkishe and Nunnishe causes and matters What man woulde haue thought Maister Feckenham to haue had so litle consideration although vnlearned as to vouche the silence of women in the Churche for a reason to improue the authority of Princes in Churche causes M. Fekenham The thirde chiefe pointe is that I must not onely svveare vppon the Euangelistes that no forayne personne state or potentate hath or ought to haue any povver or authority Ecclesiasticall or Spirituall vvithin this Realme but also by vertue of the same Othe I must renounce all forrayne povver and authorities vvhiche for a Christian man to doo is directly againste these tvvoo Articles of our Crede Credo sanctam Ecclesiam catholicam I doo beleeue the holy catholique Churche Credo Sanctorum Communionem I doo beleeue the Communion of Sainctes And that there is a participation and communion amongest all the beleeuers of Christes Churche vvhiche of the Apostle Paule are called Sainctes Adiuro vos per Dominum vt legatur haec Epistola omnibus sanctis fratribus And herin I doo ioyne this issue vvith your L. that vvhan your L. shalbe hable to proue by Scripture Doctour Generall councell or by the continuall practise of any one Churche or parte of all Christendome that by the firste article I beleeue the holy catholique Churche is meante onely that there is a Catholique Churche of Christe and not so that by the same Article euery Christian man is bounde to be subiect and obedient to the catholique Churche like as euery member ought to haue obedience vnto the vvhole mysticall Body of Christe And further vvhen you shalbe hable to proue by the seconde Article I doo beleeue the Communion of Sainctes is not so meante that a Christian man ought to beleeue suche attonement such a participation and communion to be amongest all beleeuers and members of Christes catholique Churche in doctrine in Faithe in Religion and Sacramentes but that it is lavvfull for vs of this Realme therein to dissent frō the catholique Church of Christe dispersed in all other Realmes and that by a corporall Othe it is lavvfull for vs to renounce and refuse to haue communion vvith the catholique Churche so dispersed bicause it is a forrayne authoritie and povver out of this Realme vvhen so euer your L. shalbe hable to proue this ▪ by Scripture Doctour Generall councell or yet by continuall practise of any one Churche or parte of all Christendome Than shall I in like manner yelde in this thirde pointe and vvith moste humble thankes shall thinke my seife very vvell satisfied therein The B. of Wynchester This thirde chiefe point is nothing els but a misshapened lumpe of woordes conteininge firste an argument grounded vpon a kinde of Opposition that no wise or learned man euer redde of but is newly forged and hammered out of your owne braine Then an issue to haue me prooue that thinge whiche beinge rightly vnderstanded no Christian doth doubt of or will denie And last of all an huge heape of flatte and manifest Lies against the whole Realme to set a good face vpon an euill fauoured cause whiche can finde no helpe or ease by plain and simple truth The weighty burden that you are loden with can not beare is that you must by othe renounce all forreine power and authoritie the cause that maketh you fainte and feble is that it is directly against two articles of our Creede So that your feble reason is grounded after your simple skill vpon the place ab apositis pugnantibus Before I aunswere to the argument I will put the Reader in remembraunce of the deuision whiche you make chopping chaunging one article into twaine to make some shewe of an heinous matter Surely it were ouermuche detestable if you were moued to sweare but against one article of our Crede as yee were neuer moued by me either to or fro to sweare any thing at all There be three symboles or Credes whiche haue been allowed and receiued of Christes catholique Churche The symbole of the Apostles of the Nicen councell and of Athanasius The Apostolicall is so called bicause it was collected as some saye by the twelue Apostles and therefore conteineth as the cōmonly receiued opinion is in Christꝭ Churche according to the nomber of the. xtj. Apostles but twelue articles whiche are called in the vsuall speche of the catholique Christiās the twelue articles of our Crede or beliefe If this I beleue the communion of sainctes be a seuerall article from this I beleue the holy catholique Churche as you doo phantasie then there must needes be at the least thirtene articles of the Crede contrary to the vniuersally receiued opinion of the catholique Churche You were wont to staye your selfe much vpon the custome of the catholike Churche and woulde vrge stifly although not so truely the vniuersally receiued opinion of the catholique Churche as a matter that might not bee reiected or denied and howe chaunceth it nowe that you are become suche a chaungeling that cleane contrary to the vse of the catholique Churche whiche acknowledged but twelue you wil make thirtene articles of the Créede at the least Besides this the catholique Churche in the time of Cyprian and Augustine and before also did not reken or iudge these to be twoo seuerall articles but did coumpte them one article concludinge these woordes the communion of Sainctes in this sentence I beleue a catholique Churche of Christe recyting the Symbole without rehersall or mentioning the communion of Sainctes as it is plainely set foorth by S. Cyprian and Augustine in their exposicions of the Apostolicall Créede The mattier meant by the communion of Sainctes is vttered in these woordes I beleue an holy catholike Churche of Christ Whereunto hath been added sence these auncient fathers times as it may séeme by the way of explication a communion of Sainctes to expresse in plainesse of speche that Christes catholique Churche is nothing els but a felowshippe and communion of faithfull ones whiche are sainctes Nowe let vs see howe to sweare as this thirde chiefe point of the othe setteth foorth is directly against this article of our Créede I beleaue the holy catholique Churche the communion of Sainctes All true subiectes ought and must renounce and forsake all forraine iurisdictions powers superioritie preheminences and authorities
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 repres●●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 vv●ordes Cum vos Deus sacerdotes constiturit potestatem tradidit iudicandi de nobis Et ideo nos à vobis recte iudicamur Vos autem cum nobis à Deo di●datisitis ab hominibus iudicari non potestis c. Valen tianus Imperator cum ille rogatus esset ab Episcopis Hellespōti Bythiniae vt interesset consilio respondit Mihi quidem cum vnus de populo sim fas non est talia perscrutari verum sacerdo●es quibus haec cura est apud s●metipsos congregentur vbi voluerint Theodosio Imperatori Ambrosius ingressu intra cancellos templi inte●dixit inquieps In teriora ô Imperator sacerdotibus solis patent c. Cui egi● 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 vnli●●ly that he did it at the request of Syluester b●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 ▪ as the Ecclesiasticall histories reporte and Epiphanius affirmeth that Constantine called this Councel at the earnest su●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 P●pistes are L●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 y●e say or at the earnest suite of Alexander and other godly Bishops as Epiphaniu● 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 ▪ 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 relēting 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 coūcel 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 iurisdictiō 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 cōtention 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 iurisoicciō 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 vpō 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