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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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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
Hosius a great learned and godly Bishop of Spaine to take order and to appeace the contention writinge to Alexander and to Arius a graue also a sharpe letter chardging Alexander with vanitie Arius with want of circumspection shewing them both that it was vnséemely for the one to moue suche a question and for the other to answeare therein vndiscreetly doone of them both And therfore commaundeth them to cease of from suche contentious disputatiōs to agree betwixt them selues to lay aside from thencefoorth such vaine and trifeling questions He pacified also the Schisme at Antioche begonne about the choosinge of their Bishop to whome for that purpose he sente honorable Embassadours with his letters to a great number of Bishoppes that than were at Antioche about that busines and to the people exhortinge them to quietnes and teachinge them saith Eusebius to studie after godlines in a decent manner declaringe vnto the Bishoppes as one that had authoritie ouer thē euen in suche matters what thinges apperteined and were séemely for them to doo in suche cases and noteth vnto them a direction which they should followe And after he had saith Eusebius geuen suche thinges in cōmaundement vnto the Bisshoppes or chiefe mynisters of the Churches he exhorted them that they woulde doo all thinges to the prayse and furtheraunce of Goddes Woorde This supreme authoritie of the Emperour in Church causes is moste liuely expressed by S. Augustine Eusebius where they make mencion of the horrible Schisme stirred by the Donatistes against Cecilianus Bishop of Carthage whose election and orderinge to be Bishoppe of Carthage Donatus and others of his companions misliked and therefore made a Schisme in that Churche The question in controuersie was whether Cecilianus beyng ordered Bishop hauinge the imposicion of handes by Felix were Lawfully consecrated and ordred or not This controuersie made a lamentable trouble amongest the Churches in Aphrike At the length the Donatistes accused Cecilian vnto the Emperour desired the Emperour to appointe some Delegates to iudge of this controuersie And for that all the Churches in Aphrique were banded either to the one party or the other and for that Fraunce was frée from this contention they require iudges to be appointed by his authoritie from amongest the Frenche Bishoppes The Emperour muche grieued y e the Church was thus torne in sundre with this schisme doth appoint Melciades Bishop of Rome and Marcus to be his delegates commissaries in this controuersie with certaine other Bishoppes of Fraunce Melciades colleages or fellowe Bishoppes whom the Emperour had cōmaunded to be there with them for that purpose These commissioners with certaine other Bishoppes accordinge to the Emperours commaūdement met at Rome and after due examinacion had doe condemne the Donatistes and pronounce Cecilianus cause to be good From this sentence of the Bishop of Rome and other Bishoppes his colleages being the Emperours delegates the Donatistes appeale vnto the Emperour not onely accusinge Cecilianus but also Melciades the Bishop of Rome and the other Commissaries Wherfore the Emperour causeth a Synode to be had at Arclatum committinge the cause to the Bishop thereof and other Bishoppes assembled there by his commaundement to be herde and discussed Whereunto he calleth Crestus the Bishoppe of Syracufe a Citie in Sicily by his letters Wherein he declareth in plaine termes that it belongeth to his imperiall cure to sée these controuersies in Church causes to be determined and ended Donatus his companions beinge condemned also by these Bishoppes in the Synode at Arclatum and Cecilianus cléered doo againe appeale vnto the Emperour from their sentence besechinge him to take the hearinge discussinge of the controuersie Who called both the parties together before him selfe at Millayne and after he had herde the whole matter what was to be saide on both sides he gaūe finall sentence with Cecilianus cōdemning y e Donatistes Who after all these thinges thus done as S. Augustine faithe made a very sharpe Lawe against the Donatistes the whiche also his Sonnes after him commaunded to be obserued Athanasius also that moste godly Bishop being ouer muche wronged in the Councell at Tyre did ●lie and àppeale from the iudgement of that Synode vnto Constantine the Emperour declaringe vnto him his griefes beséechinge him to take the hearinge of the matter before him selfe whiche the Emperour assented vnto writinge vnto the Synode assembled at Tyre commaunding them without delaie to come vnto his Courte and there to declare before me saithe this moste Christian Emperour whome yee shall not denie to be Goddes syncere mynister howe sincerely and rightly yee haue iudged in your Synode When this Synode was assembled at Tyre the Catholique Bishoppes of Egipt wrote vnto the honorable Flauius Dionysius whome the Emperour had made his Lieutenaunt to sée al things well ordered in that Councell and did desire him that he would reserue the examinacion and iudgemēt to the Emperour him selfe yea they doo adiure him that he doo not medle with their matter but referre the iudgement therof to the Emperour who they ●●ne we well woulde iudge rightly accordinge to the right order of the Churche There were no Churche mattiers or Ecclesiasticall causes wherein the continuall practise of the Churche of Christe in this Emperours time yea and many hundreth yéeres after did not attribute the supreme rule order and authoritie vnto Emperours and Kinges vppon whome all Churche mattiers did depende as witnesseth Socrates who sheweth this reason of that he doth thoroughout his Eccesiasticall History mention so much the Emperours Bicause that of the Emperours saith he after they beganne to be Christians the Churche matters doo depende yea the greatest Councelles haue beene and are called together accordinge to their appointment Eusebius commendeth the great bountifulnes of Constantine towardes al estates But saithe he this Emperour had a singuler care ouer Coddes Churche for as one appointed of God to be a common or vniuersall Bysshop he called Synodes or conuocations of Goddes mynisters together into one place that thereby he might appeace the contentious striainges that were amonge them in sundry places He disdayned not to be present with them in their Synodes and to sit in the middest of them as it had beene a meaner personnage commendinge and approuinge those that bente themselues of good meaninge to godly vnitie and shewed him selfe to mistike on the other side and to set naught by suche as were of contrary disposition The Ecclesiasticall histories make mention of many Synodes or councelles called or assembled at the appointment and order of this Emperour But the most famous and notable was the Nicene councell about the whiche consider and marke what was the occasion by whose authoritie it was summoned and called together and what was the dooynges of the Emperour from the beginninge vnto the dissolueion thereof and yée shall sée plainely as in a Glasse that by the order and practise of the
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
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
benefices thorough the whole worlde and more thei did choose the Pope as it is in C. Adrianus dist 63. And y e same Petrus in an other place saith thus Marke after what sorte and how many waies these Clergy mē doo snare the Lay and enlarge their owne iurisdiction but alas miserable Emperours and secular princes whiche doo suffer this and other thinges you both make your selues sclaues to the Bisshops and yee see the worlde vsurped by them infinite waies and yet yee study not for remedy bicause yee geue no heede to wisedome and knowledge As Petrus Ferrariensis attributeth both the swoordes that is both spirituall temporall iurisdiction to y e Emperour So 10. Quintinus Heduus a famous professour of the law in Paris one that attributeth so much to the Pope as may be muche more than ought to be saith y t In solo Principe omnis est potestas in the Prince alone is al power and thereto auoucheth this saying of Speculator De iurisdict omniū iudicū Quod quicquid est in regno id esse intelligitur de iurisdictione Regis that whatsoeuer is in a kingdome that is vnderstāded to be vnder the iurisdictiō of the kinge To which purpose he citeth an auncient learned one in y e Law whose name was Lotharius who saith he did say That the Prince is the foūtaine or welspring of al iurisdictiō protesteth also him selfe to be of y e same minde writing of the kinges power in Eccl. matters or causes he citeth this Canon Quādo vult Deus foorth of the decrées wherupon he as it were cōmenteth saying This is the reason wherfore it is leafull for the Prince some whiles to determine those thinges whiche concerne the Church least the honesty of the mother he meaneth y e Churche should in any thing be violated or least her trāquillity should be troubled specially of thē to whom she is cōmitted meaning y ● Church Mynisters If there be any other thing this chiefly is an Ecclesiasticall matter namely to call or cōuocate Coūcelles saith Quintinus But this is the opinion saith he of many learned men that the Emperour may cōuocate a general Coūcel so often and for any cause whan the Pope and the Cardinalles be noted of any suspiciō and doo for slowe and ceasse either for lacke of skill or peraduenture of some euill meaning or of both or els whā there is any Schisme Cōstantinus saith he called the first Nicene coūcell the other three generall Councelles Gratianus Theodosius and Martianus the Emperours called by their edict Iustinianus called the fifte generall councell at Constantinople the Emperour Constantine 4. did conuocate the sixte generall Councell against the Monothelytes The authoritie of the kinge Theoderike cōmaunded the Bisshops and Priestes forth of diuers prouinces to assemble together at Rome for the purgation of Pope Symachus the firste Carolus Magnus as it is in our Histories cōmaunded fiue Councels to be celebrated for the Ecclesiasticall state to wit Moguntinum Remense Cabilonense Arelatense and Turonense The Pope calleth the Bisshoppes to Rome or to some other place the Kinge dooth forbidde them to go or he commaundeth them to come to his Courte or Councell the Bisshoppes must obey the kinges precept not onely in this case but in any other matter what so euer besides sinne for he that dooth not obserue his bounden fidèlitie to the kinge whether he be a Bisshoppe Priest or Deacon is to be throwne foorth of his degree or place For the proufe whereof he citeth many Canons out of the decrées and concludeth thus to be briefe this is mine opinion whan the kinge calleth together the Prelates to a Councell and to reforme the state of the Churche they are bounde to obey yea although the Pope forbidde it The people doth amende or reforme the negligence of the pastour Can. vlt. dist 65. Ergo the Prince also may doo the same If the Bisshop will not or doo forslowe to heare and to decide the controuersies of his Cleargy the Bisshoppe beynge slowe or caryinge ouer longe nothinge dooth hinder or stay saith the Canon to aske Episcopale iudicium the Bisshoply iudgement of the Emperour If it happen that the Priestes be not diligent about the Aultar offices if contēning the tēple neglecting the Sacrifices they hasten into kinges palayces runne to wrastlinge places doo prophane them selues in brothelles houses and if they cōuert that which the faithfull haue offred to Christ to the pleasures of them selues and of theirs wherefore shall not the princes whome the Catholique Faith hath begottē and taught in the bosome of the church call againe and take vpon themselues the care of this matter and so he prooueth at lardge by many examples out of the Histories and the Lawes that this care and chardge in Ecclesiastical matters and causes belongeth to the Princes vnto the whiche examples he addeth this In our Fathers time saith he Kinge Lewes 11. made a constitution that Archebishoppes Bishoppes Abbottes and who so euer had dignities in the Church or had the cure of other benefices should within fiue monethes resorte to their Churches and shoulde not remooue any more from thense diligently there labouringe in diuine matters and sacrifices for the saulfty of the kinge and his kingdome and that vnder a great paine of losinge all their goodes and landes Here Quintinus dooth greuously complaine of the dissolute and moste corrupt manners of the Cleargie whereto he addeth sayinge vvherefore than should not Princes compell this lewde idle kinde of men to doo their dueties If you delight in antiquities saith he no man dothe doubt but that in the primatiue Churche the Princes did iudge bothe of the Ecclesiasticall personnes and causes and did oftentimes make good Lawes for the trueth against falsehood Arcadius and Honorius religious Princes doo depose a troublesome Bishop both frō his Bishoprike sea and name The. 13. first titles of the firste booke of Iustinians Code collected out of the Constitutions of diuers Emperours doo plainly intreate and iudge of those thinges whiche appertaine to the Bishoply cure For what pertaineth more to the office of a Bisshop than Faith then Baptisme then the high Trinity than the conuersation of Monkes the ordeining of Clergy men and Bishoppes and than many like lawes whiche doubtles doo concerne our Religion and Church But the Nouel Constitutions of the Emperour Iustinian are full of suche Lawes And least peraduenture some man might suspect that this was tiranny or the oppression of the Churche Iohn the Pope dothe salute this Imperour the most clement Sonne learned in the Ecclesiasticall disciplines and the most Christian amongst Princes Epist inter claras De sūm a Trin. C. Childebertus the Kinge of Fraunce did exact of Pelagius 2. the confession of his faith and Religion the whiche the Pope bothe speedely and willingly did perfourme C. Sat agendum 25. q. 1. VVhan I was in Calabria saith Quintinus by chaunce I founde a fragment of a certaine
booke in Lombardy letters hauinge this inscription Capitula Caroli Then followeth an Epistle beginning thus I Charles by the grace of God and of his mercy the Kinge and gouernour of the kingdome of Fraunce a deuout defendour of Goddes holy Churche and an humble healper thereof To al the orders of the Ecclesiastical power or the dignities of the secular power greetinge And so reciteth al those Ecclesiasticall Lawes and constitucions whiche I haue writen before in Charles the great To all whiche saith Quintinus as it were in manner of a conclusion are these woordes put to I will compell all men to liue according to the Canons and rules of the Fathers Lewes the Emperour this Charles Sonne kept a Synode wherein he forbadde all Churchemen sumptuousnes or excesse in apparaile vanities of iewelles and ouermuche pompe Anno Christi 830. He also set forth a booke touchinge the manner and order of liuinge for the Churchemen I doubt not saithe Quintinus but the Churche shoulde vse and shoulde be bounde to suche lawes meaninge as Princes make in Ecclesiasticall matters Pope Leo. 3. saith he beinge accused by Campulus and Paschalis did purge himselfe before Charles the great beinge at Rome and as yet not Emperour Can. Auditū 2. q. 4. Leo. 4. offereth him selfe to be refourmed or amended if he haue done any thinge amisse by the iudgement of Lewes the Frenche kinge beinge Emperour Can. Nos si incompetenter 2. q. 7. Menna whome Gregory the great calleth moste reuerende brother and fellow Bishop beinge nowe already purged before Gregory is commaunded a freshe to purge him selfe of the crime obiected before Bruchinild the Queene of Fraunce Ca. Menna 2. q. 4. In whiche quaestion also it is redde that Pope Sixtus 3. did purge him selfe before the Emperour Valentinian Can. Mandastis So also Iohn 22. Bishop of Rome was compelled by meanes of the Diuines of Paris to recante before the Frenche Kinge Philippe not without triumphe the whiche 10. Gerson telleth in a Sermon De Pasc The Popes Heresie was that he thought the Christian Soules not to be receiued into glory before the resurrection of the Bodies Cresconius a noble man in Sicilia had authoritie or power geuen him of Pelagius the Pope ouer the Bishoppes in that Prouince oppressinge the Cleargie with vexations Can. Illud 10. q. 3. The whiche Canon of the law the Glossar doth interprete to be writen to a secular Prince in Ca. Clericum Nullus 11. q. 1. The Abbottes Bishops and the Popes themselues in some time paste were chosen by the Kinges prouision Ca. Adrianus 63. dist And in the same Canon Hinc est etiam 16. q. 1. Gregorius wrote vnto the Dukes Rodolph and Bertulph that they shoulde in no wise receiue priestes defiled with whoredome or Symony but that they should forbidde them frō the holy Mynisteries § Verum 32. dist in whiche place the interpretours doo note that Laymen sometimes may suspende Cleargymen from their office by the Popes commaundement yea also they may excommunicate whiche is woorthy of memory Hetherto Quintinius a learned lawyer and a great mainteinour of the Popes iurisdiction hath declared his opinion and that agreeable to the Popes owne Lawes that Princes may take vppon them to gouerne in Ecclesiasticall matters or causes Besides these Lawyers this was the common opinion of the chiefest writers of the common Lawe of this realme as appeareth by Braughton in these woordes Sunt sub rege c. Vnder the Kinge are both free men and bondemen and they be subiecte to his powre and are all vnder him and he is a certaine thing or creature that is vnder none but onely vnder God And againe in the chapiter the title whereof is this Rex non habe● parem c. The Kinge hath no peere or equall in his kingdome The kinge saith he in his kingdome hath no equall for so might he lose his precepte or authoritie of commaundinge sithe that an equall hath no rule or commaundement ouer his equall as for the Kinge him selfe ought not to be vnder man but vnder God and vnder the Lawe bicause the Lawe maketh a Kinge Let the Kinge therfore attribute that vnto the Lawe that the Lawe attributeth vnto him to wit dominion and powre For he is not a Kinge in whome will and not the lawe doth rule and that he ought to be vnder the Lawe Cum sit Dei vicarius sithe he is the vicar of God it appeareth euidently by the likenes of Iesu Christe whose vicegerent he is in earth and within a litle after he concludeth thus Igitur non debet maior esse eo in regno suo Therefore there oughte to be none greater then he in his kingedome Thus haue I sufficiently proued that the Emperours and Kinges ought haue and maye claime and take vpon them suche gouernemente in Spiritual and Ecclesiastical causes and matters as the Quéenes Maiestie now doothe In confirmation whereof I haue béene more large than otherwise I woulde but that the proufe hereof doth reprooue and fully answeare the principal matter of your whole booke and therefore I may vse more briefnesse in that whiche followeth I haue made proufe vnto you sufficient to remoue your ignorance both of the matter and the way whereby to knowe confessed by you in your Minor Proposition And this haue I done by the selfe same Meanes that you requyre in your issue I haue made proufe of the Supreame gouernment in Ecclesiastical causes to belonge vnto Kinges and Princes by the expresse commaundement of God where he did firste describe set foorth the duety and office of Kinges I haue made the same more plaine and manifest by the examples of the moste holy gouernours amongest Goddes people as Moses Iosua Dauid Saloman Iosaphat Ezechias Iosias the Kinge of Niniue Darius and Nabugodonosor who exprest this to be the true meaning of Gods commaundement by their practise hereof so highly commended euen by the holy Ghoste whereunto I haue added certaine Prophecies foorth of Dauid Esaie wherby it is manifestly prooued that the holie Ghoste dothe looke for exacte and challenge this seruice and Supreame gouernment in churche causes at Princes handes I haue declared that the Catholique Churche of Christe did accept and repute these histories of the olde Testament to be Figures and Prophecies of the like gouernment and seruice to be required of the Kinges in the time of the Newe Testament I haue confirmed the same by the manifest Scriptures of the Newe Testament Whervnto I haue adioygned the testimonies of aunciente Doctours with certain examples of most godly Emperours who beynge so taught by the moste Catholique Fathers of Christes Churche did rightly Iudge that the vigilant care ouersight and orderynge of churche causes was the chiefest and best parte of their Ministerie and seruice vnto the Lorde I haue shewed plainely by the order of Supreame gouernment in Churche causes practised set foorth and allowed in the greattest and best Councelles bothe Generall and Nationall that
the same order of gouernmente hath beene claimed and put in vre by the Emperours and allowed and muche commended by the whole number of the Catholique Bishops I haue made plaine proufe hereof by the continual practise of the like Ecclesiasticall gouernment claymed and vsed by the Kinges and Princes euen vntill the time that you your selfe did allowe confesse and preache the same many yéeres togeather All whiche to your more contentaci●n herein I haue prcoued by those Histor●ographers that wrote not onely before the time of Martyn Luther leaste ye might suspect thē of parcialitie against you but also suche in deede as were for the most parte partial on your side or rather wholy addicte and mancipate to your holy Father as Platina Nauclerus Abbas Vrspurgensis Sabellicus Aeneas Syluius Volateranus Fabyan Polychronicon Petrus Bertrandus Benno Cardinalis Durandus Paulus Aemylius Martinus Poenitentiarius Pontificale Damafus Polydorus Virgilius c. all your fréendes and whom you may trust I warrante you on their woord beynge the Popes sworne Vassalles his Chapplaynes his Cardinalles his Chamberlaynes his Secretaries his Library kéepers his Penitentiaries his Legates his Peterpence gatherers his sworne Monkes and Abbottes as well as you and some of them Popes them selues whiche your freendes say can neither lye nor erre from the trueth And besides all these the sowre pointes of your issue accordinge to your requeste proued at large for the better redusinge of you from wilfull and malicious ignorance to knowe and acknowlege y e inuincible trueth hereof I haue added to your Peticion a fifte pointe whiche you terme a woorke of Supererogacion For to confirme my proufes with all I haue producted for witnesses your best learned although otherwise Papishe Ciuilian and Canon lawyers who haue deposed directly on my side againste you Namely D. Tunstall D. Stokesley D. Gardiner D. Boner D. Thirlbee D. Decius the Glossares vppon the Lawe D. Petrus Ecrrariensis D. 10. Quintinus to whome I might adde the Ciuilians and Canonistes that were in or towarde the Arches in the latter ende of kinge Henry and all the time of kinge Edwarde with all the Doctors Proctors of or towardes the Arches at this time Wherfore you will now I trust yéelde herein reken your selfe well satisfied take vpon you the knowledge hereof and to be ready to testify the same vpon a booke othe for so haue you promised M. Fekenham The seconde chiefe pointe is that I must vpon a booke othe not onely testifie but also declare in my conscience that the Queenes Highnesse is the onely Supreame gouernour of this Realme asvvel in all Spiritual or Ecclesiastical thinges or causes as Temporal But vpon a booke othe to make any such declaration in conscience it may not possible be vvithout periury before that a mans conscience be persvvaded thereunto and therefore my conscience beynge not as yet persvvaded thereunto I cannot praesently vvithout most plaine and manifest periury receiue this Othe The B. of Wynchester As there is no difference in matter betwixt these two Propositions I Testifie in cōscience and I Declare in conscience althoughe to séeme subtile you woulde haue the simple conceiue by way of amplification much diuersitie Euen so this which yée call the Seconde chiefe pointe varieth no whitte in matter from the first and therfore my former answeare serueth to them bothe if ye will néedes make two in shewe of that in very deede is but one M. Fekenham And for the persuation of my conscience in this matter I shall againe ioyne this issue vvith your L. That if your L. or any other learned man of this vvhole Realme shalbe able to proue that our Sauiour Christe in his Ghospell and Testament did committe the supreme gouernement of all Spiritual and Ecclesiastical causes in his Church not vnto his Apostles beynge Bishoppes and Priestes but to Emperours and Empresses Kinges and Queenes beinge for the vvhole time of Christes abode here vppon the earthe Idolatours and Infidelles and so continued for the space of 300. yeeres after the Assention of Christe Constantine the Emperour beynge the very first Christian Kinge that vve reade of vvhen your L. shalbe hable to prooue this eyther by sentence or halfe sentence vvoorde or halfe vvoorde of Christes Ghospel and last Testament Then I shall yeelde in this seconde poynte and vvith most humble thankes thinke my selfe vvell satisfied in conscience And vvhen your L. shalbe hable to prooue that these vvordes spoken of the Apostle Paule at Miletum vnto the Bishoppes of Ephesus Attendite vobis vniuerso gregi in quo posuit vos Spiritus Sanctus Episcopos regere Ecclesiā Dei quā acquisiuit Sanguine suo Take heede therefore vnto your selues and vnto the vvhole flocke of Christe vvherof the holy ghost hath appoincted or made you Bishoppes to gouerne and rule the church of God vvhich he hath purchased vvith his bloud VVhan your L. shalbe hable to proue that these vvoordes do not make so full and perfecte decleration that the holy ghost had so appoincted all spiritual gouernemēte of Christes flocke vnto Bishoppes and Priestes But that Kinges Queenes or Princes may haue some parte of Spirituall gouernment vvith them or rather take the Supremacy and chiefe parte of Spirituall gouernment from them I shall then yeelde and thinke my selfe in conscience vvell satisfied touchinge the saiynge of S. Paule The B. of Wynchester That our Sauiour Christe hath committed the Supreame gouernment in al Spiritual or Ecclesiastical causes to the Magistrates and Princes is already prooued by perfecte woordes whole sentences of Christes Ghospel and last Testament therfore if your stay hitherto hath bene of cōsciēce vnpersuaded through want of knowledge not of peruerse opinion mainteined with y e vaine disyre of glory and reputacion you must needes yeelde be well satissied in conscience You auouche this argument as inuincible The Emperours Empresses Kinges Queenes were for the whole time of Christs abode here vpon the earth idolatours and infidels and so continued by the space of 300. yeeres after the Assension of Christ Constantinus the Emperour beinge the very firste Christiā king that we reade of Ergo our Sauiour Christ did not committe the supreme gouernement in Spiritual or Ecclesiastical causes to Emperours kings Princes This argument holdeth good neither in mater nor yet in forme There was in the time of Christes aboade here vpon earth if we may may beleue Eusebius and Nicephorus the Ecclesiasticall historians a king in Edessa whose name was Agbarus This king beleued in Christe as Eusebius reporteth although as yet weakely In his epistle which he wrote vnto Christe he saluteth Christe to be Iesus the good sauiour he thinketh by y e miraculous workes which he hath herde doon by Christe that he is either God hym selfe or els Goddes sonne and he offereth vnto Christe suche fruites of thankefulnes as so yonge and tender a faithe might for the time bring forth And Christ in his rescript vnto
Emperours wordes for as Sozomenus one of y e Tripartite Ecclesiasticall historians affirmeth this suite to be made by catholike Bishops of Hellespōtus Bithinia vnto Valentiniā and that this was his answere to their peticion Euen so Socrates an other of the same tripartite historiās affirmeth that this suite was made by the Macedonians vnto Valens the Emperour who graunted them their petition the rather supposing that the mater should haue ben determined in that councel after the mindes of Eudoxius Acatius And it is not from the purpose to note which of these Emperours caused this councel to be called for the one of thē Valentiniā was a catholique Emperour the other Valens an Arian Secondly you do falsely report the story for the Bishops of Hellespontus Bithinia did not make suite vnto Themperour Valentinian that he would be praesent in the councel but by their messenger did humbly beseche him that he would cōmaunde al the Bisshops as Nicephorus reporteth it or y t he wold suffer and geue leue vnto the Bishops to haue a Synode or councell which they held after licēce obteined at Lampsacum as Socrates and Sozomenus the Tripertite Historians make relation Thirdly the Emperour dooth not simply refuse or denie the searche and diligent enquyrie of these matters as thinges nothing apperteining to his office or not lawfull for him to enquire of as ye woulde haue it seeme but excuseth himselfe by his earnest busines and want of leysure saiyng It is not lawfull meaning that his leisure from the waighty matters of the common weale and iust oportunitie woulde not easely nowe suffer him to trauaile in those causes and therefore referreth the exact sifting of those thinges to them whose offices and charge was properly to be occupied in those matters That this is the true purporte of his wordes in his right sense and meaning appereth plainly by the due circumstances set foorth in the story and also by Nicephorus an Ecclesiastical historiā who rightly vnderstode his meaning and reporteth it in these wordes Mihi negotijs occupato reip curis distento res eiusmodi inquirere nō facile est It is no light or easy matter for me that am nowe occupied with businesses and filled so ful as I may be with the cares ef the cōmon weale to enquire or searche suche matters Last of al whether the catholique Bishops of Helespontus and Bithynia required the Emperours presence in the councell as ye affirme or they required therwith his labour and trauaile in the debating or searchinge the truthe of matter whiche may seeme at the first by the bare woordes of his aunswere or they desiered onely licence of him and permission to assēble togeather in Synode or councell to defermine and decrée with the truthe against the Arianismes whiche the moste and best parte of the Historians agree vnto Their sute and humble peticion maketh plainly against your presumpteous assertion in that they acknoweledged thereby the iurisdiction to call councelles to be in the Emperour and not in Bishoppes or Priestes without speciall leaue licence commission from the Prince For if the power and iurisdiction to call councels had ben in them selues without the Emperours cōmission what neaded them to haue craued licence of the Emperour And if it had not béene lawfull for the Emperour to haue béene present in the Councell and to haue dealte in the diligent searche and debating of matters in Religiō then these Catholique Bishoppes did wickedly who as you say mooued him thereunto Although yée vntruely report the story of Theodosius the Emperour and Ambrose the Bishop of Myllaine yet can you not by any meanes wraste it to serue your purpose any whit at all For if it were true that Ambrose forbadde Theodosius the Emperour the entraunce into the Chauncell or that the Emperour had said to him that he had learned the difference betwixt an Emperour a Priest yet can you not conclude therof therfore Bishoppes and Priestes haue power authoritie to make lawes orders and decrées to their flockes and cures and to exercise the seconde kinde of Cohibytiue Iurisdiction ouer them Theodosius as the authour writeth came into the Chauncell to offer his oblacion whereat S. Ambrose founde no fault But when he stayed there still to receiue there the holy Mysteries S. Ambrose sent him woorde to goo foorth and abide with the other of the Church for that place was onely for the Priestes For which monicion the Emperour was returned to Constantinople and came on a time into the inwarde place or Chauncell to offer his oblation and went foorth againe so soone as he had offred Nectarius the Bishop demaunded of him wherefore he taried not still within meaninge to receiue the holy mysteries To whom the Emperour maketh answeare saying I haue scarcely learned the difference betwixt an Emperour and a Priest Fekenham M. Iohn Caluyne intreatinge of the Histories betvvixte these Emperours Valentianus Theodosius and S. Ambrose after alonge processe vvherein he maketh good proufe that all Spirituall iurisdiction doth apperteine vnto the Churche and not vnto the Empyre he hath these vvoordes follovvinge Qui vt magistratum ornent Ecclesiam spoliant hac potestate non modo falsa interpretatione Christi sententiā corrumpunt sed sanctos omnes Episcopos qui ●am multi à tempore Apostolorum extiterunt non leuiter damnant Quod honorem officiumque Magistratus falso praetextu fibi vsurpauerint How they doo spoyle the Churche of that authority thereby to adorne temporall Magistrates not onely by corruptinge Christ his appointment and meaninge therein But also they lightly condemne and set at naught all those holy Bishops which in so great number haue continued from the time of the Apostles hitherto which honour and office of Spirituall gouernement they haue saith Iohn Caluin vsurped and taken vppon them by a false pretext and title made thereof And againe Iohn Caluin saith Qui in initio tantopere extulerunt Henricum regem Angliae certe fuerunt homines inconsiderati Dederunt illi summam omnium potestatem Et hoc me semper grauiter vulnerauit erant enim blasphemi cum vocarent ipsum summum caput Ecclesiae sub Christo They whiche in the beginnyng did so much extoll Henry kinge of England and which did geue vnto him the highest authority in the Churche they were men whiche lacked circumspection and of small confideration whiche thing saith Iohn Caluin did at all times offende me very muche for they did commit blasphemy and were blasphemets when thei did call him the Supreme head of the Churche The B. of Wynchester The collectour of your cōmon places did beguile you which you would haue perceiued if you had redde M. Caluin with your owne eyes He entreateth not in that place of the Histories betwixt the Emperours Valentinianus Theodosius and S. Ambrose He confuteth the opinion of such as thinke the Iurisdiction that Christ gaue vnto his church to be but for a time whilest the
AN ANSVVEARE Made by Rob. Bishoppe of VVynchester to a Booke entituled THE DECLARATION OF SVCHE 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 DEC C. 23. Q. 5. Let the Princes of the worlde knowe that they of duetie shal rendre an accompte to God for the Church whiche they haue taken of Christe to praeserue For whether the Peace and Discipline of the Churche be encreased by faithfull Princes or it be loosed he dooth exacte of them an accompte who hath deliuered his Churche to be committed to their power Imprinted at London in Fleetstreate at the signe of the Oliphante by Henry VVykes Anno. 1566. The Praeface IT is nowe an whole yéere paste since I herde of a booke secretely scattered abroade by M. Fekenham emonge his fréendes And in April laste I came by a copie therof When I had redde the booke and perceiued bothe the matter and the maner of the mannes dooynges therein I sawe his proofes so sclendre and his maner of dealinge so shameles that I stoode in doubte what to doo whether to discouer the man by writinge or to shake him of with silence If I had not séene a further meaninge in his settinge foorth and publishinge the booke then he durste plainely vtter or then his cunninge coulde by any meanes Answeare vnto or then that I with a good conscience mought haue neglected I woulde haue paste it ouer with silence as a péece of woorke not woorthie of Answeare But séeing the chiefe ende and principall purpose intended as may be iustly gathered in publishyng the booke was to ingrafte in the mindes of the subiectes a mislikyng of the Quéenes Maiestie as though she vsurped a power and authoritie in Ecclesiasticall matters whereto she hath no righte to sclandre the whole Realme as though it were stranged and directly against the Catholike Churche renouncinge and refusinge to haue Communion therewith And vndre my name to deface the mynisters of Christes Churche I coulde not choose oneles I woulde wilfully neglect my duetie to her Maiestie shewe my selfe ouermuch vnkinde vnto my natiue Countrey and altogeather become carelesse of the Churche Mynisterie but take penne in hande and shape him a ful and plaine answeare without any curiositie Wherein I folowe the order of M. Fekenhams booke I make the proofes accordyng to his request and besides my proofes foorth of the Scriptures the auncient Doctours the Generall councelles and Nationall I make proofe by the continuall practice of the Churche in like gouernement as the Quéenes Maiestie taketh vpon her and that by suche Authors for a great sort of them as are the more to be credited in this matter for that they were moste earnest fautours of the Romishe sea infected as the times weare with muche superstition and did attribute vnto the sea of Rome and so to the whole Cleargie so muche authoritie in Churche matters as they mighte and muche more then they ought to haue done Their iudgementes and sentences shall appeare in readinge by the forme of letter for leuinge foorth the Latine to auoide tediousnes I haue put into English the Authours mindes and sentences and caused them for the moste parte to be Printed in Latine letters that the English reader may know and decerne the Authours sayinges from mine If this that I haue done woorke that effect in the Englishe Reader whiche he ought to séeke and I doo wishe I haue wonne that I wrought for but otherwise let men saie and iudge what they liste I haue discharged my conscience and shewed the trueth Anno Domini 1565. Feb. 25. Rob. Wynchester AN ANSVVEARE TO Maister Io. Fekenham Maister Fekenham The declaracion of such scruples and stayes of conscience touchyng the Othe of Supremacie as M. Iohn Fekenham by vvritinge did deliuer vnto the L. Bisshop of VVinchester vvith his resolutions made thereunto The Bisshop of Wynchester THe proprety of him that meaneth to declare rightly any matter doone is to set foorth the trueth without malice to obserue the due circumstances of the matter persones times and to vse simple plainesse without guileful ambiguities This Title is so replenisshed with vntrue reporte ambiguous sleightes without the note of any necessary circūstance y t there is not almost one true woorde therein wherby you geue at the first a taste to the indifferent reader what he must looke for in the sequele You pretende and would haue your friendes to thinke that the first fower chiefe pointes set foorth in your booke were deuised by you put in writing and so deliuered vnto me as the matter and grounde whereuppon the conference to be had betwixt me you should stande And that I made therunto none other but suche resolucions as it hath pleased you vntruely to report In the first parte you conueigh an vntrueth vnder a coulorable and ambiguous meaning in these woordes as M. Iohn Fekenham by vvritinge did deliuer vnto the L. Bisshop of VVynchester In the other parte you make an vntrue reporte without any coloure at all I doo graunt and will not denie that you deliuered to me a booke whiche I thanke God I haue to shewe whereby to disprooue you The same will declare the time when the place where the occasion wherefore the personnes to whome the booke was written and what is the matter in generall therein conteyned Whereunto must be added at what time the same was deliuered vnto me vpon what occasion and to what ende All whiche circumstances you omitte in your booke published least you shoulde haue bewrayed your selfe and haue appeared in your owne likenesse The booke by you deliuered vnto me touchinge the Othe was writen in the Tower of London as you your selfe confessed and the true title thereof doth plainely testifie in y e time of the Parliament holden Anno quinto of the Q. Maiestie Ianuarij 12. at whiche time you litle thought to haue soiourned with me the winter followinge much lesse meante to deliuer me the scruples and staies of your conscience in writinge to be resolued at my handes And although you woulde haue it seeme by that you haue published abroade that the cause why you wrote was to be resolued at my hande yet the trueth is as you your selfe reported that you your Towerfellowes hearinge that the Statute mooued for the assuraunce of the Quéenes royall power would passe be established did conceiue that immediatly after the same session Commissioners should be sente vnto you to exact the othe Wheruppon you to be in some areadines to withstande and refuse the duetie of a good subiect not without healpe of the rest as may be gathered deuised the matter conteyned in the booke committed the same to writinge and purposed to haue deliuered it for your aunsweare touchinge the Othe of the Supremacie to the Commissioners if they had come This may appeare by the title of that booke that you firste
as it were almost weried forhayed with the great persecutions of Goddes enemies and maruelously shaken with the controuersies and contentions amongest them selues euen as a nource Father in his owne bosome he procured that they should be fedde with the swéete milke of Goddes woorde Yea he him selfe with his publique proclamations did exhorte and allure his subiectes to the Christian Faith As Gusebius doth reporte in many places writinge the life of Constantine He caused the Idolatrous religion to be suppressed and vtterly banisshed and the true knowledge and Religion of Christe to be brought in and planted amonge his people He made many holsome lawes and godly constitutions wherewith be restrained the people with threates forbiddinge them the Sacrificinge to Idolles to seeke after the Deuelish and superstitious sothsaiynges to set vp Images that they should not make any priuie Sacrifices and to be briefe he refourmed all manner of abuses about Gods seruice and prouided that the Churche shoulde be fedde with Goddes woorde Yea his diligent care in furtheringe and settinge foorth the true knowledge of Christe wherewith he fedde the people was so watcheful that Eusebius doth affirme him to be appointed of God as it were the common or Vneuersall Bisshop And so Constantine tooke him selfe to be and therefore saide to the Bishoppes assembled together with him at a feast that God had appointed him to be a Bissoppe But of this moste honorable Bishop nourshinge father more shalbe saide hereafter as of other also suche like Our sauiour Christ meante not to forbidde or destroy touchinge the rule seruice and chardge of Princes in Churche causes that whiche was figured in the Lawe or prophecied by the Prophetes For he came to fulfill or accomplis he the Lawe and the Prophetes by remoouinge the shadowe and Figure and establishing the Body and Substance to be séene to appeare cléerely without any miste or darke couer yea as the power and authoritie of Princes was appointed in the Lawe and Prophetes as it is prooued to stretche it selfe not onely to ciuill causes but also to the ouer sight maintenaunce settinge foorth and furtherance of Religion and matters Ecclesiasticall Euen so Christe our Sauiour confirmed this their authoritie commaunding all men to attribute and geue vnto Caesar that which belongeth to him admonishinge notwithstandinge all Princes people that Caesars authoritie is not infinite or without limites for suche authoritie belongeth onely to the Kinge of all Kinges but bounded and circumscribed within the boundes assigned in Goddes woorde and so will I my woordes to be vnderstanded when so euer I speake of the power of Princes And this to be Christes order and meaninge that the Kinges of the nations should be the supreme gouernours ouer their people not onely in Temporall but also in Spirituall or Ecclesiasticall causes the blessed Apostles Peter and Paule doo plainely declare The supremacy of Princes they set foorth when they cōmaunde euery soule that is euery man whether he be as Chrysostome saith an Apostle Euangelist Prophete Priest Monke or of what so euer callinge he be to be subiect obey the higher powers as Kinges and their Lieutenauntes or gouernours vnder them And thei declare that this supreme gouernment is occupied and exercised in or about the praysinge furthering and aduauncinge of vertue or vertuous actions and contrary wise in correctinge stayinge and repressinge all manner of vice or vicious actions which are the propre obiect or mattier hereof Thus doth Basilius take the meaninge of the Apostles sayinge This seemeth to me to be the office of a Prince to ayde vertue and to impugne vice Neither S. Paule neither the best learned amongest the auncient Fathers did restreine this power of Princes onely to vertues and vices bidden or forbidden in the seconde table of Goddes commaundementes wherein are conteined the dueties one man oweth to an other But also did plainely declare them selues to meane that the authoritie of Princes ought to stretche it selfe to the maintenaunce praise and furtherance of the vertues of the first Table and the suppression of the contrary wherein onely consisteth the true Religion and spirituall Seruice that is due from man to God S. Paule in his epistle to Timothe teacheth the Ephesians that Kinges and rulers are constituted of God for these twoo purposes that their people may liue a peaceable life thorough their gouernment and ministery both in godlines which is as S. Augustine interpreteth it the true and chiefe or propre worship of God and also in honesty or séemelines in whiche twoo woordes godlines and honestie he conteined what so euer is commaunded either in the firste or seconde Table S. Augustine also sheweth this to be his minde when describing the true vertues which shall cause princes to be blessed nowe in Hope and afterwarde in déede addeth this as one especiall condicion required by reason of their chardge and callinge If that saithe he they make theyr power whiche they haue a seruaunt vnto Goddes Maiestie to enlardge moste wide his woorship Seruice or Religion To this purpose also serue all those testimonies which I haue cited before out of S. Augustine against the Donatistes who in his booke De. 12. abusionum gradibus teacheth that a Prince or ruler must labour to be had in awe of his subiectes for his seueritie against the transgressours of Gods Lawe Not meaninge onely the transgressours of the seconde table in Temporal matters But also against the offendours of the first table in Spirituall or Ecclesiasticall causes or matters Whiche his meaning he declareth playnely in an other place where he auoucheth the saying of S. Paule The Prince beareth not the Sworde in vaine to proue therewith against Petilian the Donatiste that the power or authoritie of Prynces whiche the Apostle speaketh of in that sentēce is gyuen vnto them to make sharp Lawes to further true Religion and so suppresse Heresies and Schismes and therfore in the same place he calleth the catholique Churche that hath suche Princes to gouerne to this effecte A Churche made strong whole or fas●ened together with catholique Princes meanyng that the church is weake rent and parted in sonder where catholique Gouernours are not to maynteine the vnitie thereof in Churche matters by their authoritie and power Gaudentius the Donatist founde him selfe agreeued that Emperours should entremedle and vse their power in matters of Religion affirmyng that this was to restreyne men of that freedome that God had set men in That this was a great iniury to God if he meaning his Religion should be defended by men And that this was nothing els but to esteeme God to be one that is not able to reuenge the iniuries doon against him selfe S. Augustine doth answere and refute his obiections with the authoritie of S. Paules saiyng to the Romaynes Let euery soule be subiect to the higher powers c. For he is Goddes mynister to take vengeance on him
contrariwyse godlynes can not be had without peace and tranquilite of mynde and conscience This would be noted with good aduisement that S. Paule him selfe sheweth playnely prosperitie amongest Gods people and true Religion to be the benefites and fruites in generall that by Goddes ordinance springeth from the rule and gouernement of kynges and Magistrates vnto the weale of the people The whiche two although dyuers in them selues yet are so combyned and knyt together as it were incorporated in this one office of the Magistrate that the nouryshinge of the one is the feeding of y e other the decay of the one destroyeth or at the least deadly weakeneth them both So that one can not be in perfect good estate without the other The whiche knot and fastening together of Religion prosperitie in common weales the moste Christian and godly Emperours Theodosius and Valentinianus dyd wysely ses as appeareth in this that they wrote vnto Cyrill saiyng The suertie of our common weale dependeth vpon Goddes Religion and there is great kinred and societie betwixt these tweyne for they cleane together and the one groweth with the increase of the other in suche sorte that true Religion holpen with the indeuour of Iustice and the common weale holpen of them bothe flourisheth ●eing therefore that we are constituted of God to be the kinges and are the knitting together or ioynture of godlines and prosperitie in the subiectes we kepe the societie of these tweyne neuer to be sondred and so farre forth as by our forsight we procure peace vnto our subiectes we minister vnto the augmenting of the common weale but as we might say being seruauntes to our subiectes in all thinges that they may liue godly and be of a Religious conuersation as it becommeth godly ones we garnis he the common weale with honour hauing care as it is conuenient for them bothe for it can not be that diligently prouiding for the one we should not care in like sorte also for the other But we trauayle earnestly in this thing aboue the rest that the Ecclesiastical state may remaine sure bothe in suche sorte as is seemely for Goddes honour and fit for our tymes that it may continue in tranquilitie by common consent without variāce that it may be quiete through agreement in Ecclesiasticall matters that the godly Religion may be preserued vnreprouable and that the life of suche as are chosen into the Clergie and the great priesthood may be cleere from al fault Hitherto I haue proued playnely by the holy Scriptures and by some suche Doctours as from age to age haue wytnessed the order of Ecclesiasticall gouernement in the Churche of Christe yea by the confession testimony and example of some of the moste godly Emperours them selues that suche lyke gouernement in Churche causes as the Queenes maiestie taketh vpon her doth of dutie belonge vnto the cyuill Magistrates and Rulers and therfore they may yea they oughte to clayme and take vpon them the same Nowe remayneth that I proue this same by the continuall practise of the lyke gouernenement in some one parte of Christendome and by the generall counsayles wherein as ye affirme the right order of Ecclesiasticall gouernemēt in Christ his Church hath been moste faithfully declared and shewed from tyme to tyme. The gouernement that the Queenes maiestie taketh moste iustly vpon her in Ecclesiasticall causes is the guydyng caringe prouidyng orderyng dyrectynge and ayding the Ecclesiasticall state within her dominions to the furtheraunce mayntenaunce and settyng foorth of the true Religion vnitie quietnes of Christes Churche ouerseyng vysiting refourmyng restrayninge amendinge and correctyng all maner persones with al manner errours superstitions Heresies Schismes abuses offences contemptes and enormities in or about Christes Religion whatsoeuer This same authoritie rule and gouernement was practised in the catholique Churche by the most Christian kynges and Emperours approued confirmed commended by the best counsailes both generall and nationall Constantinus of whose carefull gouernement in Churche causes I haue spoken somewhat before tooke vpon him and did exercise the supreme rule ▪ aund gouernement in repressing all maner Idolatry and false Religion in reforming and promoting the true Religion and in restreining correcting al maner Errours Schismes Heresies and other enormities in or about Religion and was moued hereunto of dutie euen by Gods worde as he him selfe reporteth in a vehement prayer that he maketh vnto God saying I haue taken vpon mee and haue broughte to passe healthfull thinges meanyng reformation of Religion Being persuaded therunto by thy worde And publishing to all Churches after the councell at Nice what was there doone He professeth that in his iudgement the chiefest ende and purpose of his Imperiall gouernement oughte to be the preseruation of true Religion and godly quietnes in all Churches I haue iudged saieth this godly Emperour this ought before all other thinges to be the ende or purpose whereunto I should addresse my power and authoritie in gouernemēt that the vnitie of faithe pure loue and agreemēt of Religion towards the almighty God myght be kepte and mainteined amongest all Congregations of the catholique Churche He did not only abolishe al superstitions and false Religions whiche had been amongest the gentiles but also he repressed by his authoritie Lawes Decrees all such Heresies as sprong vp amongest the Christians sharpely reprouing and correcting the authours or mainteinours of hereticall doctrines as the Nouatians Valentinians Paulianes and Cataphrygiās as Eusebius saith of him And Theodoret us dooth recite a part of an Epistle that Constantine wrote vnto the Nicomedians wherein the Emperour hath this saiyng If we haue chast Byshops of right opiniō of curteous behauiour we reioyce But if any be enflamed rashly and vnaduisedly to continue the memory and commendation of those pestilent Heresies his foolebardy presumtion shal forthwith be corrected and kept vnder by my correctiō which am gods minister Cōstantinus also gaue Iniuctions to the chiefe mynisters of the churches that they should make speciall supplication to God for him He enioyned all his subiectes that they should keepe holy certaine daies dedicated to Christ and the Saturday He gaue a Lawe vnto the Rulers of the nations that they should celebrate the Sonday in like sort after the appointment of the Emperour And so the daies dedicated to the memory of martyrs and other festiual times c. And al suche thinges sayth Eusebius were done according to the ordinance of the Emperour He cōmaunded Eusebius the bishop to draw certein Instructions lessons as it wer Homelies forth of the holy scriptures y t they might be red in y e churches Which was done incōtinēt according to Thēperours cōmaūdement When the Emperour herde of the great schisme mooued betwixt Arius and Alexander the Bishop of Alexandria wherwith the Churche was piteously tormented and as it were rente in sondre he tooke vpon him as one that had the care and authoritie ouer all to sende
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
bishop of Antioche Flauianus against the bishop of Rome and other byshoppes of the Weste who did falsely accuse him of many crymes and at the lengthe by his carefull endeuour in Churche matters and his Supreme authoritie therein this moste faythfull Emperour sayeth Thedoretus sette peace and quietnes amongest the Bishoppes and in the Churches He called a conuocation of the Bishops to the ende that by common consent all should agree in vnytie of doctrine confessed by the Nicen councell to reconcile the Macedodians vnto the catholique Churche and to electe and order a Byshop in the sea of Constantinople whiche was than vacant When the twoo fyrste pointes coulde not be brought to passe as the Emperour wished they went in hande with the third to consult amongest them selues touching a fitte Bishop for Constantinople The Emperour to whose iudgement many of the Synode consented thought Gregory of Nazianzene moste fit to be Byshop but he did vtterly refuse that charge Than the Emperour commaundeth them to make diligent inquisition for some godly man that myght be appointed to that rowme But when the Byshoppes could not agree vpon any one the Emperour commaundeth them to bringe to him the names of all suche as euery one of them thought moste apt to be Bishop wryten in a paper together He referued to him selfe saith Zozomenus to choose whome he lyked best When he had redde ouer once or twyse the sedule of names whiche was brought vnto hym after good deliberation had with him selfe he chose Nectarius although as yet he was not christened the Bishops maruailing at his iudgemēt in y e choise could not remoue him And so was Nectarius baptized made bishop of Constantinople who proued so godly a bishop that al mē déemed this election to be made by Themperour not w tout some miraculous inspiratiō of y e holy ghost This emperour perceiuing y t the church had ben long time molested drawē into partes by the Arianisme like to be more greuously torne in sonder w t the heresy of M●cedonius a B. of Cōstantinople knowing y t his supreme gouernemēt empire was geuen him of God to mainteine the cōmon peace of the Church confirmacion of the true faith summoneth a Synode at Constantinople in the thirde yéere of his reigne whiche is the seconde greate and generall councell of the fower notable and famous oecumenicall councelles and when all the Bishoppes whome he had cited were assembled he cometh into the councell house amongest them he made vnto them a graue exhortation to consulte diligently like graue Fathers of the matters propounded vnto them The Macedonians departe out of the Citie the Catholique Fathers agrée conclude a trueth sende the canons of their conclusion to the Emperour to be confirmed writinge vnto him in these woordes The holy counsaile of Bishops assembled at Constātinople to Theodosius Emperour the most reuerent obseruer of godlines Religion and loue towardes God VVee geue God thankes who hath appointed your Emperiall gouernment for the common tranquillitie of his Churches and to establishe the sounde faithe Sithe the time of our assembly at Constantinople by your godly commaundement wee haue renewed concorde amongest our selues and haue prescribed certaine Canons or rules whiche wee haue annexed vnto this our writinge wee beseche therefore your clemency to commaunde the Decree of the Counsaile to be stablished by the letters of your holines and that yee will confirme it and as you haue honoured the Churche by the letters where with you called vs together euen so that you will strengthen also the finall conclusion of the Decrees with your owne sentence and seale After this he calleth an other Councell of Bishoppes to Constantinople of what Religion so euer thinkinge that if they might assemble together in his presence and before him conferre touchinge the matters of Religion wherein they disagreed that thei might be reconciled and brought to vnitie of Faith He consulteth with Nectarius and sitteth downe in the councell house amongest them al and examineth those that were in Heresie in such sort that the Heretiques were not onely astonied at his questions but also beganne to fall out amongst them selues some likinge some mislikinge the Emperours purpose This done he cōmaundeth eche sect to declare their faithe in writinge and to bringe it vnto him he appointeth to them a day whereat thei came as the Emperour cōmaunded and deliuered vnto him the fourmes of their faithe in writinge when the Emperour had the sedules in his handes he maketh an ernest praier vnto God for the assistaunce of his holy spirite y t he may discerne the trueth iudge rightly And after he had redde them all he condemneth the Heresies of the Arians Eunomians rentinge their sedules in sundre alloweth onely and confirmeth the faithe of the Homousians and so the Heretiques departed ashamed and dasht out of countenaunce Theodosius left his twoo sonnes Emperours of the which I will say but litle yet wherein it may moste manifestly appeare that the supreme gouernment in causes Ecclesiasticall belonged to the Emperours Archadius the Emperour when Nectarius the Bishop of Constantinople was dead and so the sea vacant was certified thereof he causeth Iohn Chrysostome to be called from Antioche he commaundeth the other Bishoppes collected into a Synode y t they admonishe Chrysostome of Goddes graces and what belongeth to suche a chardge and that they choose and order him to be the Bishop of Constantinople In whiche dooinge saith Theodoretus the Emperour declared what carefull endeuour he had about the holy Churche matters But this supreme authoritie to care appoint and procure woorthy and good Pastours or Bishoppes when the seas were vacant appeareth more plainly in Honorius the Emperour brother to Archadius whome the Bishop of Rome him selfe in his decrées and his Glosars on the same confesse and acknowledge to haue the ouersight rule and gouernment in the elections orderinge of Bishops yea ouer the Bishoppe of Rome him selfe After the death of Pope Sozimus were twoo Popes choosen at ones in a great Schisme the one Bonifacius primus the other Eulalius whereof when the Emperour Honorius had notice beinge at Millayne he caused them bothe to be banished Rome But after seuen monethes Bonifacius was by the Emperours commaundement called againe and confirmed by his authoritie in the Apostolicall sea This Bonifacius beinge nowe settled in the Papacy by humble suite to y e Emperour prouideth a remedie against suche mischiefes in time to come The case was this saith the Glosator Boniface the firste did beseeche Honorius the Emperour to make a Lawe whereby it might appeare what were to be done when twoo Popes were chosen at ones by the vndiscreetnes of the Electours contendinge amongest them selues Honorius did than constitute that neither of those twaine shoulde be Pope but that in a newe Election a thirde shoulde be chosen by common consente If twoo saithe the Emperour in his Lawe made
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
▪ Venetiae and Histria whiche woulde not obey him puttinge their affiaunce in the authoritie of the firste Councell of Constantinople In whiche Epistle amongest other thinges he writeth on this wise Your honour muste remember what God wrought by you at that time when as Totyla the tiraunt possessinge Histriam and Venetias the Frenche also wastinge all thinges you woulde not neuerthelesse suffer a Bisshoppe of Myllaine to bee made vntill yee had sente woorde from thence to the moste milde Prince meaninge the Emperour and had receiued answeare againe from him by writinge what shoulde be done and so bothe he that was ordeined Bisshoppe and he that was to be ordeined were broughte to Raūenna at the appointement of your highe authoritie Not longe after Pelagius 2. bicause he was chosen Iniussu Principis without the Emperours commaundement and coulde not sende vnto him by reason the Town was besieged and the huge risinge of the waters stopped the passage as soone as he mighte beynge elected Pope he sente Gregorie to craue the Emperours perdone and to obteyne his good will For in those daies saithe Platina the Clergy did nothinge in the Popes election except the election had beene allowed by the Emperour Aboute the time of Pelagius the firste his Papacy was there a Councell holden at Towers in Fraunce by the licence and consente of Arithbertus the Kinge for the reformacion of the Churche discipline wherein appeareth that the Kinges authoritie was necessarily required to confirme and strengthen the discipline For where they decrée of the maydes or widdowes that shall not be maried without the consent of the parentes which is an especiall matter Ecclesiasticall they declare the strength thereof to depende vppon the commaundement of the Prince Not onely say they the Kinges Childebert and Clotharius of honourable memory kepte and preserued the constitution of the Lawes touchinge this matter the whiche nowe the kinge Charibert their successour hath confirmed or strengthened by his praecept The Emperour Iustinianus calleth the Bishoppes of all Churches vnto a generall Councell at Constantinople the whiche is called the fifte oecumenicall Synode to represse the insolence of certayne Heretiques who taught and mainteined Heresies and Schismes to the great disquieting of the Churche against the doctrine established in the foure forenamed generall Councelles In the time of this councell Menna the Bishop of Constantinople departed out of this life in whose rowme the Emperour placed Eutychius The Emperour gouerneth and directeth all thinges in this Councell as the Emperours before him had doone in the other generall Synodes as appeareth by the writinge whiche he sente vnto the Bishoppes wherein he sheweth that the right beléeuinge godly Emperours his auncestours did alwaies labour to cut of the Heresies spronge vp in their time by callinge together into Synode the most religious Bishoppes and to preserue the holy Churche in peace and the right faithe to be sincerely preached and taught He alledgeth the examples of Constantinus Magnus Theodosius the elder Theodosius the yonger and Martianus the Emperours who saith he called the former generall councelles were present them selues in their owne persones did ayde and helpe the true confessours and tooke great trauaile vppon them that the right faith shoulde preuaile and be preached Our forenamed auncestours of godly memory saith he did strengthen and cōfirme by their Lawes those thinges which were decided in euery of those councelles and did expulse the Heretiques whiche wente about to gainesaie the determinations of the fower forenamed generall councelles and to vnquiet the Churches He protesteth that from his firste entraunce he made these the beginninges foundacion of his emperiall gouernment to wit the vnitie in Faith agreable to the fowre generall councelles amongest the churche ministers from the east to the weast the restraigninge of schismes and contentions stirred vp by the fautours of Eutyches and Nestorius against the Chalcedon councell the satisfiynge of many that gainesaide the holy Chalcedon councell and the expulsion of others that perseuered in their errours out of the holie Churches and Monasteries To the ende that concorde and peace of the holie Churches and their Priestes beinge firmely kepte one and the selfe same faithe whiche the fowre holie Synodes did confesse might be preached throughout Goddes holie Churches He declareth howe he had consulted with them by his letters and messengers aboute these matters and how they declared their iudgements vnto him by theyr writinges notwithstandinge séeinge certaine Heretiques continue in their heresies Therefore I haue called you saith he to the royall Citie meaninge Constantinople exhortinge you beynge assembled togeather to declare once againe your mindes touching these matters He showeth that he opened these controuersies to Vigilius the Pope at his beyng with him at Constantinople And we asked him saith he his opinion herein and he not once nor twise but oftentimes in writinge and without writinge did curse the three wicked articles c. VVe commaunded him also by our Iudges and by some of you to come vnto the Synode with you and to debate these three articles togeather with you to the ende that an agreeable fourme of the right faith might be set foorth and that we asked both of him and you in writinge touchinge this matter that eyther as wicked articles they mighte be condemned of all or elles if he thought them right he shoulde shewe his minde openly But he answeared vnto vs that he woulde dooe seuerly by him selfe concerninge these three pointes and deliuer it vnto vs He declareth his owne iudgement and beliefe to be agreeable with the faith set foorth in the fowre generall Councelles He prescribeth vnto them the speciall matters that they shoulde debate and decyde in this Synode whereof the finall ende is saithe he That the trueth in euery thinge maye be confirmed and wicked opinions condemned And at the laste he concludeth with an earnest and godly exhortacion to seeke Goddes glory onely to delare their iudgementes agréeable to the holye gospell touching the matters he propoundeth and to doe that with conuenient spéede Dat. 3. Nonas Maias Constant inopoli The Title prefixed to the first generall councell sommoned by the commandement of Iustinian telleth in effect generally both the matter and also who had the chiefe authoritie in the orderinge thereof for it is intituled The diuine ordinaunce and constitution of Iustinian the Emperour against Anthymus Seuerus Petrus and Zoaras Mennas the vniuersall Archebishop and Patriarche of Constantinople was present in this Councell who had adioyned vnto him placed on his right hande certaine Bishops coadiutours named and appoincted by the cōmaundement of the Emperour sent out of Italy from the sea of Rome When they were set thus in councell Themperour sent Theodorus one of the Maisters of the Requestes or his Secretarie a wise man vnto the Synode Bishoppes Abbottes many other of the cleargy with theyr billes of supplications whiche they had put vp vnto the Emperour for redresse of certaine matters Ecclesiasticall
Theodorus maketh relacion vnto the Synode hereof deliuereth the Billes of supplication to be considered on presenteth the parties to the Synode and sheweth that this is the Emperours pleasure that they shoulde dispatche and ende these matters Paulus the Bishoppe of Apamea in his bill of supplication offred to the most godly Emperour in the name of all his acknowlegeth him to be the highest Potentate in the worlde next vnto God who hath magnified his Empire and throwen his aduersaris vnder him bicause he mainteineth the onely and pure Faith offreth vnto god pure Leuen that is to saie true doctrine as incense and burneth the chaffe meaning false Religion with vnquencheable fier And after the Declaration of their Faith talkinge of the Eutychian or counterfaite catholique He desireth the Emperour to whom God hath reserued the full authoritie to directe to cut him from the Churche and to expulse him out of his Dominions In like sorte the Religious men and the Monasteries of Secunda Syrta doo offer vp a booke of supplication vnto the Emperour beséechinge him that he wil commaund the Archebishoppe Mennas president of the councel to receiue their booke to consider of it according to the Ecclesiastical Canons The Emperour maketh a lawe and constitution to ratifie confirme the iudgemēt of y e Sinode against Anthymus other heretiques wherein also he decreeth touchinge many other ecclesiastical matters or causes as No man to Rebaptize to prophane the holie Communion to call Conuenticles to dispute further in those matters concluded on to publishe or set foorth the Hereticall bookes to communicate with them And so knitteth vp all with this conclusion Wee haue decreed these thinges for the common peace of the moste holie Churches these thinges haue we determined by sentence All thinges beinge thus doone by the commaundement of the Emperour in the first Action so foorth in the seconde thyrde and fowrth after many acclamations the Presidente of the Councell Mennas concludeth saiynge to the Synode That they are not ignorant of the zeale and minde of the Godly Emperour towardes the right Faith and that nothinge of those that are moued in the Churche ought to be doone without his will and commaundement Suche is the aucthoritie of Princes in matters Ecclesiasticall that the Godly auncient Fathers did not onely confesse that nothinge moued in Church matters ought to be done without their aucthoritie but also did submitte them selues willingly with humble obedience to the direction of the Godly Emperours by their lawes in all matters or causes Ecclesiasticall whiche they woulde not haue doone if they hadde thoughte that Princes oughte not to haue gouerned in Ecclesiastical causes The same zelous Emperour doth declare that the authoritie of the Princes lawes doth rightly dispose and kepe in good order both spirituall and temporal matters and driueth away all iniquitie wherefore he did not onely gather togeather as it were into one heape the lawes that he him selfe had made and other Emperours before him touchinge ciuill or temporall matters but also many of those lawes and constitutions whiche his auncestours had made in Ecclesiastical causes Yea there was nothinge perteininge to the Churche gouernmente whiche he did not prouide for order and diricte by his lawes and constitutions wherein maie euidently appeare the aucthoritie of Princes not onely ouer the persons but also in the causes Ecclesiasticall He made a common and generall lawe to all the Patriarches touchinge the orderinge of Bishoppes and all other of the clergie Church ministers prescribinge the number of them to be suche as the reuenues of the Churches may well susteine affirminge that the care ouer the Churches and other Religious houses perteine to his ouersight And dooth further inhibite that the ministers doo passe foorth of one Church to an other without the licence of the Emperour or the Byshoppe the whiche ordinaunce he gaue also to those that were in Monasteries He geueth authoritie to the Patriarche or Byshoppe to refuse and reiecte although greate suite by men of muche authoritie be made He prescribeth in what sorte to what ende the churche goodes shoulde be bestowed and threatneth the appointed paynes to the Byshop and the other ministers if they transgresse this his constitution He prescribeth in what sorte the Bishop shall dedicate a Monastery he giueth rules and fourmes of examination and trial of those that shalbe admitted into a Monastery before they be professed in what sort and order they shall liue together He prescribeth an order and rule wherby to choose and ordeyne the Abbot He requireth in a Monastical persone diuinorum eloquiorum eruditionem conuersationis integritatem Learning in Gods woorde and integritie of life And last of all he chargeth the Archebishoppes Bishops other Church ministers with the publishing and obseruing of this his constitution Yea his Temporall officers and Iudges also threatening to them both that if they do not see this his Lawe executed and take the effecte they shall not escape condigne punishement He protesteth that Emperours ought not to be careful for nothing so muche as to haue the mynistery faithfull towardes God and of honest behauiour towardes the worlde whiche he saith will easely be brought to passe if the holy rules whiche the Apostles gaue and the holy fathers kept and made plaine be obserued and put in vre Therefore saith he we folowing in al thinges the sacred rules meaning of the Apostles doo ordeine and decree c. and so maketh a constitution and Law touching the qualities and condicion that one to bee chosen and ordred a Bishop ought to haue and prescribeth a fourme of triall and examinacion of the party before be be ordered adding that if any be ordered a Bishop not qualified according to this constitution both he that ordereth and he that is ordered shall lose their Bishoprikes He addeth furthermore that if he come to his bishoprike by giftes or rewardes or if he be absent from his Bishoprike aboue a time limited without the commaundement of the Emperour that he shall incurre the same penalties The like orders and rules he prescribeth in the same constitucion for Deacons Diaconisses Subdeacons and Readers cōmaunding y e Patriarches Archbishops Bishops to promulgate this cōstitution to see it obserued vnder a pain He affirmeth that this hath been an auncient Lawe and doth by his authoritie renue and confirme the same that no man haue priuate chappels in their houses wherin to celebrate the diuine misteries whereunto he addeth this warning to Mennas the Archebishop that if he knewe any suche to be and doo not forbidde and refourme that abuse but suffer this constitution of the Emperour to be neglected add broken he him selfe shall forfait to the Emperour fifty poundes of golde Also that the mynisters keepe continuall residence on their benefices otherwise the Bishop to place others in their rowmes and they neuer to be restored Whan this Emperour vnderstode by the
cōplaintes that were brought vnto him against the Clergy Monkes and certeine Bishoppes that their liues were not framed accordynge to the holy Canons and that many of them were so ignoraunt that they knewe not the prayer of the holy oblation and sacred Baptisme Perceiuynge further that the occasion hereof was partely by reason that the Synodes were not kept accordinge to the order appointed partly for that the Bishoppes Priestes Deacons and the residue of the Clergie were ordered bothe without due examinatiō of the right faith and also without testimony of honest conuersation Protesting that as he is mindefull to see the ciuill Lawes firmely kept euen so he ought of dutie to be more carefull about the obseruation of the Sacred rules and diuine Lawes and in no wise to suffer them to be violated and broken He renueth the constitutions for the Clergie touching Churche causes saying Folowyng therefore those thinges that are defined in the sacred Canons we make a pragmaticall or moste full and effectuall Lawe whereby we ordeine that so often as it shalbe neadfull to make a Bishop c. And so goeth forwarde in prescribing the fourme of his election examination approbatiō And shutteth vp y e Lawe about the ordering of a Bishop with this clause If any shalbe ordered a Bishop against this former appointed order bothe he that is ordered and he also that hath praesumed to order against this fourme shall be deposed He decreeth also by Prouiso what order shall be kept if it chaunce that there be any occasion or matter layde to the charge of him that is to bee ordered either Bishop Priest Deacon Clergy man or els Abbot of any Monastery But about all thinges sayeth he wee enact this to be obserued that no man be ordered Bishop by giftes or rewardes for both the geuer taker and the broker if he be a Churche man shalbe depriued of his benefice or clericall dignitie and if he be a Lay man that either taketh rewarde or is a woorker in the matter betwene the parties we commaunde that he paye double to be geuen to the Churche He geueth lycence neuertheles that where there hath bene somethyng geuen by hym that is ordered Byshoppe of custome or for enstallation that they maye take it so that it exceede not the somme prescribed by hym in this Lawe VVee commaunde therefore that the holy Archebishoppes namely of the elder Rome of Constantinople Alexandria Theopolis and Hierusalem if they haue a custome to geue the Bishoppes and Clerkes at their orderinge vnder twenty poundes in golde they geue onely so mutche as the custome alloweth But if there were more geuen before this Lawe wee commaunde that there be no more geuen then twenty poundes And so he setteth a rate to al other Ecclesiastical persons in their degrees according to y e habilitie of their Churches concluding thus Surely if any presume by any meanes to take more than we haue appointed either in name of customes or enstallations wee commaunde that he restore threefolde so muche to his Churche of whom he tooke it He doth vtterly forbidde Bishoppes Monkes to take vpon them gardianship neuerthelesse he licenceth Priestes Deacōs Subdeacōs to take the same on them in certeine cases He cōmaundeth two Synodes to bee kepte in euery Prouince yerely He prescribeth what and in what order matters shalbe examined and discussed in them Besides these he enioyneth and doth cōmaunde all Bishoppes Priestes to celebrate the prayers in the ministration of the Lordes supper and in baptisme not after a whispering or whyst maner but with a cleare voyce as thereby the myndes of the hearers may be sturred vp with more deuocion in praysing the Lorde God He proueth by the testimony of S. Paule that it ought so to be He concludeth that if the Religious Byshoppes neglecte any of these thinges they shall not escape punishment by his order And for the better obseruing of this constitution he commaūdeth the rulers of the prouinces vnder him if they see these thinges neglected to vrge the Bishoppes to call Synods and to accomplishe all thinges whiche he hath commaunded by this Lawe to be doon by Synodes But if the Rulers see notwithstanding that the Bishoppes bee slouthfull and slake to doo these thinges then to signifie therof to hym selfe that he may correct their negligence for otherwise he will extreemely punishe the Rulers them selues Besides these saith this Emperour we forbidde and enioyne the Religious Bishoppes Priestes Deacons Subdeacons Readers and euery other Clergie man of what degree or order so euer he be that they play not at the table playes as cardes dyce and suche lyke playes vsed vpon a table nor to associate or gase vpon the players at suche playes nor to be gasers at any other open sightes if any offende against this decrée wée cōmaunde that he be prohibited from all sacred mynistery for the space of thrée yéeres to be thrust into a monasterie After these constitucions made for the gouernement of the secular clergy as you terme it in causes Ecclesiasticall the Emperour descendeth to make statutes ordinaunces and rules for monasticall persones commonly called Religious declaringe that there is no manner of thinge whiche is not thoroughly to be searched by the authority of the Emperour who hath saith he receiued from God the common gouernment and principalitie ouer all men And to shewe further that this principalitie is ouer the personnes so well in Ecclesiasticall causes as Temporall he prescribeth orders and rules for them and committeth to the Abbottes and Bisshoppes iurisdiction to see these rules kept concludinge that so well the Magistrates as Ecclesiasticall persones ought to keepe incorrupted all thinges whiche concerne godlines but aboue all other the Emperour who ought to neglect no manner of thinge pertaininge to godlines I omitte many other Lawes and constitutions that not onely this Emperour but also the Emperours before him made touchinge matters and causes Ecclesiasticall and doo remitte you vnto the Code and the Authentiques where you may sée that all manner of causes Ecclesiastical were ouerséene ordered directed by the authoritie of the Emperours and so they did the duetifull seruice of Kinges to Christe In that as S. Augustine saith they made lawes for Christe Arriamirus Kinge of Spaine commaunded twoo councelles to be celebrated in a Citie called Brachara the one in the second yéere of his reigne the other the thirde yéere wherin were certaine rules made or rather renued touchinge matters of faithe touchinge constitucions of the Churche and for the dueties and diligence of the Clergie in their offices Wambanus Kinge of Spaine séeynge the great disorders in the Churche not onely in the discipline but also in the matters of Faithe and about the administration of the Sacramentes calleth a Synode at Brachara named Concil Brachar 3. for the reformacion of the errours and disorders aboute the Sacramentes and Churche discipline About this time after the death of Pelagius 2.
this moste Christian king He affirmeth that he is ashamed of hym selfe and of his owne slacknes when he doth consider the trauaill of kinges in gathering of soules to the celestial agayn Yea what shall I sayeth this Byshop of Rome to the king answer at the dreadfull doome when your excellencie shall leade after your selfe flockes of faithfull ones whiche you haue brought into the true faith by carefull and continuall preaching c. Although I haue medled and done nothing at all with you doing this altogether without me yet am I partaker of the ioye therof with you Neither doth Gregory blame this kyng as one medlyng in Churche causes wherin he is not Ruler but he prayseth God for him that he maketh godly constitutions against the vnfaithfulnes of miscreantes for no worldly respect wilbe perswaded to se thē violated Next after Sabinianus an obscure Pope enemy and successour to this Gregory succeded Bonifacius 3. Who although he durst not in playne dealing denie or take from the Emperours the authoritie iurisdiction in the Popes election and other Churche matters yet he was the first that opened the gappe thereunto for as Sabell testifieth with whom agree all other writers for the moste parte This Bonifacius immediatly vpon the entraunce into his Papacy dealte with Phocas to winne that the Churche of Rome might be head of al other Churches the which he hardely obteined bicause the Grecians did chalenge that prerogatiue for Constantinople After he had obteyned this glorious ambicious title of the bloudy tyrant Phocas and that with no smal bribes like vnto one that hauing a beame in his owne eie went about to pul the mote out of his brothers he made a decree that euery one should be accursed that prepared to himselfe a way into the Papacy or any other Ecclesiastical dignitie with frendship or bribery Also that the Bishops in euery city should be chosen by the people and Clergy and that the election should be good so that the Prince of the City did approue the party by them chosen and the Pope adding his authoritie therto had ones saide volumus iubemus we will and commaunde But saith Sabell both these decrees are abolished Nowe began this matter to brue by litle and litle first he obteined to be the chiefe ouer all the Bishoppes then to couer vice with vertue and to hide his ambicion he condemned all ambicion in labouring Spirituall promocion and in the election of Bishoppes where the confirmation before was in the Emperours bicause the Emperour gaue him an Inche he toke an elle bicause he had giuen him a foote he would thrust in the whole body and tourne the right owner out For leuing out y e Emperour he putteth in the Princes of the Cities from whome he might as easely afterwardes take away as for a shew he gaue falsely that vnto them that was none of his to giue graunting vnto them the allowance of the electiō but to him selfe y e authoritie of ratifiyng or infringing the same choose them whether they would allowe it or no. And to shewe what authoritie he would reserue to him selfe borowing of the tyrant speaking in the singuler nōbre Sic volo sic iubeo So wil I so do I cōmaunde for the more magnificence in the plural nombre he princely lappeth vp all the matter with volumus iubemus we wil and cōmaūde Which wordes like the Lawe of the Medes Persians y t may not be reuoked if they once passe through the Popes holy lippes must nedes stand allowe or not allowe who so list with ful authoritie the matter is quite dashed But thākes be to God for al this the decree is abolished foloweth immediatly For shortly after Isacius y e Emperours Lieutenant in Italy did confirme ratifie the election of Seuerinus the first of that name for saith Platina The election of the Pope made by the Clergie and people in those daies was but a vaine thing onles the Emperour or his Lieutenant had confirmed the same ▪ Sisenandus the king of Spain calleth forth of al partes of his dominions the Bishops to a City in Spaine called Toletum The purpose and maner of the kynges doynges in that councell the Bishoppes them selues set forth first as they affirme They assemble together by the praeceptes and commaundement of the king to consult of certeine orders of discipline for the Churche to refourme the abuses that were crept in about the sacramentes and the maners of the Clergie The king with his nobles commeth into the councell house He exhorteth them to carefull diligence that thereby all errours and abuses may be wypt away cleare out of the Churches in Spayn They folowe the kinges direction and agree vpon many holsome rules When they haue concluded they beseche the king to continue his regiment to gouerne his people with iustice and godlines And when the king had geuen his assent to the rules of discipline which they had agreed vpon they subscribed the same with their owne handes The like Synode Chintillanus kyng of Spayne did conuocate at Toletum for certein ceremonies orders and discipline whiche was confirmed by his precept and decree in the first yere of his reigne And an other also by the same king and in the same place and for the like purpose was called and kept the second yere of his reigne Chindasuindus king of Spaine no lesse careful for Church matters and Religion than his predecessours appointeth his Bishoppes to assemble at Toletum in conuocation and there to consult for the stablishing of the faith Churche discipline whiche they did Reccessiunthus kinge of Spaine commaunded his Bishops to assemble at Toletum in the first yere of his reigne and there appointed a Synode wherein besides the Bishops and Abbottes there sate a great company of the noble men of Spayne The king him selfe came in amongst them he maketh a graue and very godly exhortation vnto the whole Synode he professed how carefull he is that his subiectes should be rightly instructed in the true faith and Religion He propoundeth the fourme of an Othe whiche the clergy and others of his subiectes were wonte to receiue for the assurance of the Kinges saulfty He exhorteth them to ordeine sufficiently for the maintenāce of godlines and iustice He mooueth his nobles that they will assist and further the good and godly ordinaunces of the Synode He promiseth that he will by his princely authoritie ratifie and maineteine what so euer they shal decree to the furtherance of true Godlinesse Religion The Synode maketh ordinaunces the clergie and nobilitie there assembled subscribeth them and the kinge confirmeth the same with his royal assent and authoritie He called twoo other Synodes in the same place for such like purpose in the seuenth eyght yéeres of his reigne Vitalianus beinge chosen Pope sente his messengers with Synodicall letters according to the Custome saith Gratian to fignifie vnto
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
your order and praecept wherein for the Seruice and Mynisterie sake that yee owe to God you had the chiefe rule and gouernmēt hath in all pointes followed the doctrine of the Apostles and approued Fathers I doo detest therefore and curse all Heretiques yea Honorius also late Bishop of this sea who laboured prophanely to betray and subuerte the immaculate faithe O holy Churche the mother of the faithfull arise put of thy mourninge weede and clothe thy selfe with ioyefull apparaile beholde thy Sonne the moste constant Constantine of all Princes thy defendour thy helper be not afraide hath girded him selfe with the swoorde of Goddes woorde wherewith he deuideth the miscreauntes from the Faithfull hath armed him selfe in the coate armour of Faithe and for his helmet the hope of Saluation This newe Dauid and Constantine hath vanquished the great Goliath thy boastinge enemy the very Prince and chieftaine of all mischiefe and errours the Deuill and by his carefull trauaile the right faith hath recouered her brightnes and shineth thorough the whole worlde Bamba Kinge of Spaine commaunded a Synode to be had at Toletum in the fourthe yéere of his reigne the occasion was this There had béene no Synode by the space of 18. yéeres before as it is saide in the preface to this Councell by meanes whereof the woorde of God was despised the Churche discipline neglected all Godly order distourbed and the Churche toste and tumbled as a shippe without a rower and sterne meaninge a Kinge to call them togeather in Synode By the carefull zeale of this Kinge beyng called togeather they consulte how to refourme errours about Faithe corruption of discipline and other disorders againste godlines and Religion And at the ende they doo geue great thankes vnto the noble and vertuous Kinge by whose ordinaunce and carefull endeuour they were commaunded to this consultacion who as they affirme of him comminge as a newe repayrer of the Ecclesiasticall discipline in these times not onely intended to restore the orders of the Councelles before this time omitted but also hath decreed and appoincted yeerely Synodes to bée kepts hereafter Eringius kinge of Spaine commaundeth the Bishopps and other of his Clergie to assemble togeather at Toletum in one Synode the first yere of his reigne And called an other to the same place the fourth yeere of his reigne to consulte about reformation of the Churche discipline When the Bishoppes and the residue of the Cleargie were assembled in their conuocation at the commaundemente of the kinge he him selfe with many of his nobilitie and counsailours commeth in to them he declareth the cause wherefore he summoned this Synode he sheweth the miseries the whole countrey hath susteined and the plagues he declareth the cause to be Goddes wrathe kindled by meanes of the contempte of Goddes woorde and commaundement And be exhorteth them that they will with Godly zeale studie to purge the lande from prauitie by preachinge and exercise of godly discipline and that zealeouflye He doth exhorte his nobles that were there presente that they also woulde care diligently for the furtherance hereof he deliuereth vnto the Synode a booke conteininge the principall matter wherof they shoulde consulte And last of all he promiseth by his hande subscription that he will confirme and ratifie what the cleargie and nobilitie shall conclude touchinge these articles for the furtherance of godlinesse Churche Discipline Egita Kinge of Spayne caused in his time also three Councelles to be hadde and celebrated at Toletum for the preseruation of Religion with the Churche Discipline in sinceritie and puritie who also confirmed and ratisied the same with his Royall assent and authoritie Although aboute this time the Popes deuised horrible practises whereby to winne them selues from vnder the ouersight and controlment of the Emperour or any other and to haue the onely and supreame authoritie in them selues ouer al as thei had already obteined to their church the Supreme title to be head of other Churches Yeat the Emperoures had not altogeather surrendred from them selues to the Popes their authoritie and iurisdictions in Church matters For whan the Churche was gréeuously vexed with the controuersie about Images there were diuers great Synodes or Councelles called for the deciding of that troublesome matter by the Emperours and at the laste that whiche is called the seuenth generall or oecumenicall Conncell was called and summoned to be holden at Nice in Bithynia by Constantine and Irene the Emperesse his Mother who was the supreme worker and gouernour although but an ignoraunt and very superstitious woman I will say no worse in this matter For her Sonne was but aboute tenne yéeres olde as Zonoras affirmeth and she had the whole rule although he bare the name After the deathe of Paule the Emperour appointeth Tarasius the Secretary to be Patriarche at Constantinople the people lyked well thereof But Tarasius the Emperours Secretarie refused the office and woulde not take it vppon him till the Emperour had promised to call a generall Councell to quiete the brawles in the Churche aboute Images The Emperour writeth to the Patriarche of olde Rome and to the other Patriarches willinge them to sende their Legates vnto a Councell to bée holden at Nice in Bithynia The Bishoppes assemble at Nice by the commaundement and decrée of the Emperour as they confesse in diuerse places of this Councell Whan the Bishoppes were sette in Councell and many Laye persones of the nobilitie with them the holy Ghospelles were brought foorth as the maner was although the holy Ghospelles were not made Iudges in this councell as they ought to haue been and were in al the forenamed generall councels Tarasius commendeth the vigilant care and feruent zeale of the Emperours about Churche matters for ordering and pacifiyng wherof they haue called saith he this councell The Emperour sendeth vnto the Synode certeine counsailours with the Emperours letters patentes to this effect Constantinus and Irene to the Bishoppes assembled in the second Nicene Synode by Gods grace our fauour and the commaundement of our Emperiall outhoritie He sheweth that it apperteineth to the emperial office io mainteine the peace concorde and vnitie of the whole Romayne Empire but especially to preserue the estate of Gods holy Churches with all possible care and councell For this cause he hath with paine gathered this councel together geueth licence also and libertie to euery man without al feare to vtter his minde and iudgemont frankely to the ende the truthe may the better appeare He sheweth the order he obserued in making Tarasius Bishop He prescribeth vnto the Bishoppes what is their office and what they should doo propoundinge vnto them the holy Ghospelles as the right onely true rule they should folowe After this he mencioneth letters brought from the Bishop of Rome by his Legates the whiche he commaundeth to be openly redde in the councell and so appointeth also other thinges that they should reade There was nothing attempted or done in this councel
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
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
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
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
no licence or power to order any c. To this short answeare the Emperour with the Synode replie●h tellinge him they had writen to let him vnderstande of the crimes wherewith he was chardged and that he had sent them suche an answeare as rather became the folie of a childe then the grauitie of a Bishop as for the power of bindinge and losinge they say he once had as Iudas had to whome it was saide Quaecunque ligaueritis super terram c. VVhat so euer yee binde on earth shalbe bounde in Heauen c. But nowe he hath no more power against the Emperour and the Synode then Iudas had when he went about to betray Christe his maister These letters were sente vnto him by twoo Cardinalles who returned not findinge him and therefore the Synode procéedeth to his Deposition They beséech the Emperour to remoue Monstrum illud That Monster and to place some woorthy Bishop in his roome Tunc Imperator placet inquit quod dicitis Your request pleaseth me saith The Emperour The Clergie and the people saith Nauclerus dooth make humble supplication vnto the Emperour to prouide for them a woorthy Bishoppe to whom the Emperour answeareth Choose you your selues one whom hauinge God before your eyes yee maie iudge woorthy and I wil confirme him The Emperour had no sooner spoken this saith Luithpr than they all with one assent named Leo The Emperour gaue his consent Et Ottho Imperator Leonem creat Pontificem And Ottho the Emperour created Leo Pope as Sabellicus Platina saith Here Luithprandus telleth at large how after this creation of Leo y e Emperour dissolued y e Synode what mischiefe y e monstrous Pope Iohn wrought afterwarde For by his fréendes in Rome Pope Leo was driuen away And after this monster was dead the Romaines elected Benedictus in his place requireth the Emperour who was than at Spolet to cōfirme him the Emperour woulde not but compelled them to receiue Leo againe And here the Emperour summoned againe a new● Synode wherein he sat him selfe for the canonicall depoficion of Benedictus not withstandinge this saith Nauclerus Leo being weary of the inconstancy of the Romaines did constitute by their consent in the Synode holdē at Rome that the whole authoritie of chosinge the Bishop shoulde remaine in the Emperour as it is rehersed in the decrees in these woordes Being in the Synode at Rome in the Church of the holy Sauiour like as Adrianus Bisshop of Rome graūted to Charles the great the dignitie of patricians hip the ordering of the Apostolical sea and the inuesturing of Bissops So I also Leo Bisshop of Rome seruaunt of Goddes seruauntes with the consent of all the Cleargy and people of Rome doo cōstitute confirme and corroborate and by our Apostolical authoritie wee doo graunt and geue vnto the Lord Ottho the first King of Dutchmen and to his successours in this kingdome of Italy for euer the autoritie to elect after vs and to ordeine the Bisshop of Rome and so Archbisshops and Bisshops that they receiue of him as they ought the inuesturing and consecratiō excepting those whom the Emperour hath graunted to the Popes and Archbisshops And that noman hereafter of what dignitie or Religiō soeuer haue power to elect one to the dignity of consulles Bloud or to be Bisshop of the Appostolique sea or to make any other Bisshop without the Emperours consent And if any be chosen Bisshop without he be commended and inuested by the Kinge that in no wise he be consecrated vnder paine of excommunication As Sabellicus noteth this for a renowmed matter y e the right of creatinge the Pope was now restored to the Emperial dignitie euen so Nauclerus affirmeth this godly Imperour Ottho to be borne In totius Ecclesiae consolationem for the consolation of the whole Churche When this godly Prince was dead whilest his sonne Ottho 2. was busied in the warres against the Sarazens and after him his Sonne Ottho 3. was yet in noneage the Popes beganne to waxe so euill and the state of Christes Churche to decaie asmuche as euer it did before So daungerous a mater it is to want godly Princes to gouerne Goddes Churche and to ouersée the Mynisters thereof About this time Hugh Capet the French king looked better to his Cleargie in Fraunce and callinge a Councell at Rhemes of all the Prelates of Fraunce deposed Arnucphus whome Charles had made Bishop there and made Gilbert the Philosopher Bishoppe whome afterwardes Ottho 3. made Archebishoppe of Rauenna After Hugh Robert his sonne succeded a Prince very wel learned and a diligent labourer about diuine or Churche matters whiche is the propre parte of a righte kinge saithe Sabellicus When Ottho 3. surnamed for his excellent vertues in that vitious age Mirabilia mundi the maruailes of the worlde herde of the great misorder in Rome for the reformation therof he came into Italy but or euer he entred into Rome Pope Iohn 17. died and there fell no contention saith Nauclerus in the Popes Election bicause the Prince appointed by his commaundement Bruno to be pronounced Pope who was called Gregory 5. So soone as the Emperour departed from Italy the Romaines thrust out Gregory and placed one Placentinus whome thei call Iohn 18. The Emperour hearinge hereof came to Rome hanged vp the Consul and put out Iohns eyes restored Gregory into his sea againe I maruaile that the historians saithe Platina doo reken this Iohn amongest the Popes which vndoubtedly was in his Papacy a theefe and a robber for he entred not in by the doore as of right he shoulde haue doone for he came in by a faction corruptinge with money and large giftes Crescentius the Consull a most couetous wretch and no lesse ambicious Wherby the sharpe iudgement of the Emperour is declared to be but vpright iustice So that Platina makinge Gregory to be the true Pope and to haue entred in by the doore of whome he saith Ottonis 3. authoritate pontifex creatur he is created Pope by the Emperours authoritie declaring the other that came in without y e Emperours consent to be a théefe a robber seemeth to be of this opinion although to flatter the Popes withall he durste not so plainely open his minde y ● without the Pope be creat with the Emperours confirmation authoritie he is but a théefe and a robber Next vnto him saith Nauclerus was Syluester the second placed by the Emperous appointment Who being a Coniurer had solde his soule to the Deuill for this promotion Neuertheles he was saith he so witty so learned and seemed so holy that he not onely deceiued the Emperour that made him Pope but all the worlde besides In which Otho the Emperour remaining at Rome did deliberate after what sort and by what meanes he might reforme not onely the Empire but also handeling Ecclesiasticall matters howe he might reforme the Lawes of the Churche and bring them into the
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
Churche commaunded that no Legate of the Churche of Rome shoulde be suffred to entre into Germany with out he were called or hyred of the Emperour nor woulde suffer that any man vnder the maner of appellation shoulde goo vnto the Courte of Rome After the death of Adrian the fowrth the Cardinals fel out amongest them selues for the Election of a newe Pope some stryuinge to haue Rowlande other some cōtendinge to haue Octauian a man saith Vrspurg in all pointes honest and Religious Herevpon sprange an horrible Schisme and greate discorde Rowlande sent his Legates to the Emperour Fredericus 1. and desired him that he woulde take vp and ende this contention by his authoritie The Emperour commaundeth them both to come vnto him at Ticinum where foorthwith he sommoned a coūcell to be holden about this matter mindinge to examine bothe their causes and by searchinge to trye whose cause was the more honest Rowlande beynge afraide to haue the matter come to this tryall getteth him to William of Sicilia the Emperours mortall enemie and within twelue daies putteth on his Cope and nameth him selfe Alexander for he purposed béelyke to make a conquest of the matter He alleaged his ellection to be good out of al doubte and that he sente for the Emperours ayde and not for his arbytrement and therefore thought not good to bringe his case into doubtfull question The Emperour beynge offended with him for that he woulde not obey his appoinctement sente twoo Bishops to cite him to come vnto the Councell by the name of Cardinall and not Pope But Rowlande refused confutinge their Citacion with this Maxime or Principle Romanum Pontificem a nemine iudicari debere the Pope ought not to be iudged of any man But whē these Legates from the Emperour came to Octauiā he straight ways obeied theybrought him to Papia Vrspur saith that Rowlande was oftentimes monished to come and did contemne all those monitions The Emperour satte in the Councell as Radeuicus Frisingensis who wrote his actes witnesseth and made an oration vnto the Bishoppes wherein he declareth and that by the example of his auncestours Constantinus Theodosius Iustinianus and of later time of Carolus Magnus and other that the power and authoritie to call Councelles where the Churche is troubled with any schismes or other perillous distourbance belongth to the Emperour Notwithstandinge he committed the difininge of the controuersie to their wisedome and gaue them thereunto authoritie The councell debateth the cause consulteth with men learned in the lawe and so concludeth that Octauians election was good and adiudgeth him to be the right Bishop of Rome When they had thus tryed out the matter ●redericus the Emperour saith Platina Confirmat Octauianum Pontificem Confirmed Octauian Pope The Emperour within a while after sente Octauianus new confirmed Pope towardes Rome who dyed in the iourney After whose death the Emperour called an other councel at Wirtzberge as Auentinus writeth wherein were a greate number of Archebishoppes and other Bishoppes and also may of the nobles and states of the Empyre In this Councell a statute or Decree was made by common consente That from hencefoorth none shoulde be Pope onelesse he were created by the consent of the Emperour accordinge as the custome had bene of longe and auncient time This worthy Emperour whom the Chroniclers call Christianissimum moste Christian for his zeale towardes Goddes Churche endeuored not without great perill to him selfe and his estate to reteine the iurisdiction due to the Princes and thereby to refourme the horrible disorders that were growen so highe that they ouerwhelmed the Churche as in lyke sorte diuers other Emperours and Kinges bothe before and after had attempted but in vayne for the wealthy pride the fierce power and trayterous treachery of the Pope and his Prelates was so mighty violent and subtile that there was no earthly power able to withstande or matche with them And therfore Erasmus compteth the Popes of this time and those that folowed to be the Vicars and successours of Iulius Caesar of Alexander the the great of Croesus the ryche and of ●erxes the mighty rather then of Christe the onely Emperour gouernour of the Churche Bernarde calleth Eugenius 3. in his great pompe and pride rather the successour of Constantinus the highe Emperour then of Peter the humble Apostle And Abbas Vrspurg who lyued at this time when the Popes had spoyled the Emperour and other Princes welnighe of all iurisdiction rulinge all by theyr owne Decretalles nowe aboute this time set foorth as they listed maketh a lamentable complainte of the horrible pryde and couetousnesse of the whole clergie and concludeth with these woordes Gaude mater nostra Roma c. Reioyce O our mother Rome bycause the scluses of the hidden treasures in the earthe are opened that riuers and heapes of money maye flowe vnto thee in great abundance Be glad of the iniquitie of the sonnes of men bicause money is geuen to thee for the recompence of so great euilles Be mery and iocund for discordes sake which is thy helper bicause she is rushte out of the infernal pit that plētiful rewardes of money might be heaped vpō the thou hast that which thou hast alwaies thyrsted after synge pleasant balades for through mennes malitiousnesse not by thy Godlinesse thou hastouercome the worlde About this time the kinge of Cicilia and Apulia had a dispensation from the Pope for money to Inuesture Archebishoppes or Bishoppes with staffe or crosier rynge palle myter sandalles ●r slippers and that the Pope mighte sende into his dominions no Legate onlesse the kinge shoulde sende for him Our Englishe Chroniclers make report that the Kynges of this Realme hadde not altogeather leafte of their dealinge in Churche matters but continued in parte their Iurisdiction aboute Ecclesiastical causes although not without some trouble The Popes Legate came into Englande and made a councell by the assent of kinge William the Conquerour And after that in an other Councell at Winchester * were put downe many Bisshops Abbottes and Priours by the meanes and procurement of the Kinge The kinge gaue to Lanfranke the Archbisshoprike of Cantorb and on our Lady day the Assumption made him Archebishop On whit Sonday he gaue the Archbishoprike of Yorke vnto Thomas a Canon of Bayon When Thomas should haue béene consecrated of Lanfranke there fell a strife betwixt them about the liberties of the church of Yorke The controuersie beinge about Churche matters was brought and referred to the Kinges iudgement and Thomas by the Kinges commaundement was faine to come againe to Lanfranke to be sacred And afterwarde when there grew greater contention betwixt these twaine about Churche matters the Bishop of Rome remitted the matter to be determined before the Kinge and the Bisshoppes of Englande and so at Windesour before kinge VVilliam and the Cleargy the cause was treated Also an other cause was mooued before
Frenche kynge prouing them to be as in deede they were no other but temporall neuerthelesse not standinge muche about the name nor taking them all away from their iurisdiction he onely said he would reforme them Neuerthels for certeine daies there was muche disputing to and fro whether they belonged to the kinge to reforme or no till the king by his foresaide procuratour gaue them the kinges determinat aunswere declaring vnto them howe that they ought not to be troubled bicause the kinges intention was to keepe those rightes and customes of the Churche and Prelates which were good and reasonable but by reason of their faults the iudgement whiche were good and reasonable apperteined not vnto thē to determine but to the king Bicause the Decree Nouit c. saieth that the kinge of Fraunce in matters de Facto hath not his superiour c. VVhereuppon hee concluded that the kinge woulde heare all the informations And those Customes of the whiche he shoulde be fully enfourmed that they were good and reasonable he woulde make onely to bee obserued In cōclusion the Prelates made such importune labour that the forsaide attourney aunswered them for the kinge that if the Prelates themselues would amende those thinges that were to be amended and corrected the king would abide till the feaste of the Natiuitie next to come within whiche terme he woulde innouate nothing but if within the saide terme the Prelates had not amended those thinges that were to be amended and corrected that then the kinge would put to suche remedy as should be acceptable to God and the people Whiche in conclusion the king was faine to do by a sharpe seuere Lawe whan he sawe howe the Prelates dallied him of with faire wordes and therefore he him selfe Composuit rem sacerdotum did set in order the matters of the Priestes In England at this time many abuses about Ecclesiasticall causes were reformed although the Pope his Clergie did earnestly mainteine them by king Edwarde the. 3. who wrote his letters to y ● Pope admonishing him to leue of his disordered doinges whan that woulde not serue he redressed them by act of parliament and as Nauclerus saith he commaunded that from thenceforth no body shoulde bring into the Realme any kinde of the Popes letters vnder the paine of drowning and expelled all persones out of his kingdom that weare by the Pope promoted to any benefice Next to Lewes was Charles the. 4. chosen Emperour who helde a councel at Mentze with y e Prelates Princes in the yere of the Lorde 1359. wherein he much reproued the Popes Legate for his disorders and commaunded the Archbishop of Mentze to reforme his Clergie and the disorders amongest them for otherwise he woulde see to it him selfe The Popes Legate seyng howe the Emperour tooke vpon him gate him to his shippe and saylled to Colayn as one that fledde awaye With whiche doynges the Emperour became very famouse for he was a man of great workes who dyd lyghten the kyngdome of Boheme bothe with the the settinge foorth of Religion and with the discipline of Lawes and good manners At this time wrote Nilus the Bishoppe of Thessalonica declaringe the onely cause of the diuision betwéene the Gréeke and the Latine Churche to be for that the Pope will not suffer frée and generall Councelles to be called by the Emperours accordinge to the auncient custome that his authoritie is not by the Lawe of God but by the positiue Lawes of Princes graunted onely because that than Rome was the greatest Citie in the worlde and hath no prerogatiue of Christ or Peter more than any other Bishoprike Kinge Richarde the. 2. called a Councell at VVestminster saith Polydore wherein it was thought good to the Kinge and the Princes for the weale of his realme of Englande if a parte of the Popes authoritie were bounded within the limites of the Occean sea he meaneth that it were driuen out of the Isle of Britaine wherfore it was decreed that hereafter it shoulde be lawfull to no man to trie any cause before the Bishop of Rome nor that any man be publikly pronounced wicked or enemy of Religion that is to wit as the common people terme it be excommunicate by his authoritie nor that if any man haue any suche commaundement from him they execute the same The penaltie ordeined to those that violate this lawe was that losinge all his goodes he shoulde be caste into perpetuall pryson The Churche of Rome at this time was maruailously torne in sunder with an horrible Schisme whiche continued about xl yéeres hauinge at ones thrée heades callinge them selues Popes euery one of them in moste despitefull wise calling the other Antichrist Schismatique Heretique tiraunt thiefe traytour the sonne of perditiō sower of Cockle the childe of Belial c. diuerse learned men of that time inueighed against them all thrée as Henricus de Hassia 10. Cerson Theodorych Nyem secretary before this to Pope Boniface who prooueth at lardge by good reasons by the woorde of God and by the Popes decrées that the refourmation of these horrible disorders in the Churche belonge to the Emperour and the secular Princes Sigismunde the noble Emperour vnderstandinge his duetie herein amongest other his notable actes called a Councell togeather at Constantia and brought againe to vnitie the Churche deuided in three partes whiche Councell saithe Nauclerus beganne by the Emperours commaundement and industry in the yeere 1414. To the whiche Councell came Pope Iohn before the Emperours comminge thinkinge to haue outfaced the Councell with his pretensed authoritie till the Emperour came who geuinge to all men in the Councell free libertie to speake their mindes a great companie of horrible vices were laide streight way to his chardge To the whiche when he was not hable to answeare he was deposed and the other twoo Popes also and an other chosen chiefly by the Emperours meanes called Martyn the. 5. After these thinges finished they entred into the communication of a reformation bothe of the Cleargie and the Layty to whiche purpose the Emperour had deuised a booke of Constitucions and also willed certaine learned Fathers there but specially the Bishoppe of Camera a Cardinall there presente to deuise what faultes they coulde finde and how they shoulde be redressed not sparinge any dégrée neither of the Prelates nor of the Princes them selues Whiche the Bishoppe did and compiled a litle booke or Libell entituled a Libell for reformation of the Churche gathered by Peter de Aliaco c. and offered to the Churche rulers gathered togeather in Constaunce Councell by the commaundement of the Emperour Sigismonde c. In this Libell of reformation after he hath touched the notable enormities in the Pope in the Courte of Rome in the Cardinalles in the Prelates in Religious personnes and in Priestes in exaction in Canons and Decretalles incollations of benefices in fastinges in the diuine seruice in Piaures in
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
not vse this Forinsecall or courtly without the Princes commission M. Fekenham VVhereunto I do adioyne this obiection follovving First for the time of the olde lavve vvhiche as Paule saide vvas a very figure of the nevve Moses Aaron Eleazarus being Priestes they had by the expresse vvoorde of God this iurisdiction ouer the people of God as to sit in iudgement vppon them and that not onely in Ecclesiasticall but also in ▪ Politike and ciuill matters and causes they did visit them they did refourme them they did order correct and punish them so oft as cause required and vvithout all commission of any cyuill Magistrate gouernour King or Prince Besides that for the vvhole time of the old Lavve there vvas an expresse lavve made vvhereby all Cyuill magistrates and iudges vvere cōmaunded in all doubtfull matters to repayre to the Bishoppes and Priestes and to stay vppon their determinacions and iudgementes vvithout declinyng on the right hande or the left And if that any man should disobeye the determinacion once geuen of the Priest morietur homo ille like as appeareth Deut. 17. The B. of Wynchester This adiunct will not serue your turne for it is not possible to stretche it without burstinge to ioyne with that you must cōclude You beginne to ioyne your woorke togeather with a saying of S. Paule which he neuer said you should haue noted the place where S. Paule saithe that the olde Lawe was a very figure of the newe There is no suche saying S. Paule saith to the Hebrewes that the Lawe hath the shadowe of good thinges to come c. where he speaketh not generally of the whole Lawe but of the ceremoniall parte and sacrifices whiche were shadowes of Christe and his sacrifice and not of the Bishoppes Iurisdiction after Christ vnder the Law of the Ghospell Thus aptly also doo your allegations out of the olde Testament serue your purpose for one of the thrée to wit 29. of Exod. hath no woorde of this Iurisdiction onely it sheweth the manner of consecratinge the Priest and the ceremonies thereabout In the. 24. of Exod. it is saide that when Moses wente vp into the Mount he saide vnto the Elders Tary vs here vntill wee retourne vnto you Beholde Aaron and Hur are here with you if any man haue ought to doo let him come to them that is if any matter of controuersie arise in mine absence let Aaron Hur haue the hearinge and decidinge of it as I shoulde haue if I were present By this place Aaron had no authority geuen vnto him but for a time in the absence of Moses by commission from Moses the chiefe ruler and gouernour of Goddes people and that not alone but hauinge Hur one of the Elders an auncient and a wise man ioyned in commission with him This allegation maketh directly against your conclusion for it sheweth y t Aaron had this authority but by commission from Moses the Prince of the people In the thirde place Num. 27. where God shewed vnto Moses that Iosue shoulde gouerne the people after him it is saide that Iosue shoulde stande before Eleazar the Priest who shall aske Councell for him by the iudgement of Vrim before the Lord and at his woorde they shal goe out and in both he and the people of Israell that is whan Iosue standeth in doubte what to doo for the better gouernement of the people either in the time of peace or warre he shall vnderstande Goddes will therein by the high Priest to whome the Lorde will miraculously declare his will and pleasure by the light or shininge of the Vrim and Thumin and accordinge to Gods will shewed in the Vrim to the high Priest and by him to Iosue he muste direct and order his gooyng in and out Ergo say you The Bishoppes and Priestes now in the time of the Ghospell haue Iurisdiction by the expresse woorde of God to kéepe Courtes to cal Councels to make Lawes forinsecally to visit refourme order correct their flockes cures The most simple can iudge of this sequele After like sorte it is writen Deut. 17. That whan harde and doubtfull cases come before the iudges or inferiour Magistrates whiche cannot easely be tried or founde out by them than the inferiour Magistrates shall goo to the high Priest and to the chiefe iudge at Hierusalem for the time beinge who shall shewe what is to be doone whose sentence iudgement must not be disobeyed vnder the paine of death Doo you not aptly conclude thinke you that the Bishops in the time of the Ghospell ought to haue this Courtly iurisdiction bicause the high Priest and the Temporall iudge did determine doubtfull cases in y e time of the olde Testament for the Priest alone did not determine all causes as you séeme to alledge the texte M. Fekenham Seconde in the Nevve Testament like as our Sauiour Christe did committe and leaue the vvhole Spirituall gouernmente of his people and Churche vnto his Apostles and to the Bishoppes and Priestes and the successours of them So they did practise all Spirituall gouernement ouer them they did execute and geue iudgement in the Churche of Christe they did refourme order and correcte all disorder therein and that vvithout all commission ayde or authority of any Temporall Magistrate Kinge or Prince for the space of three hundreth yeeres in the prymatiue Churche of Christe vnto the time of Constantine he beynge the firste Christian Kinge and Emperour vvhiche did ioyne his svvoorde to the mayntenaunce of Goddes vvoorde The B. of Wynchester Like as the Apostles had in commission power from Christe our Sauiour to whom al power was geuen both in heauen and in earth so faithfully they executed the authoritie and charge cōmitted vnto them not seeking their owne honour by vsurpation but the glory of Christ by the abasing them seles euen vnto the death Their commission regestred by S. Mathew appeareth in these wordes Go and teache al the nations baptizing them in the name of the Father and of the sonne and of the holy ghost teaching thē to kepe all thinges whiche I haue commaunded you Howe faithfully they exercised this authoritie according to the commissiō S Luke sheweth in his Chronicle called the Actes of the Apostles and setteth foorth one notable example hereof in Paules oration made to the Elders of Ephesus called to Miletum He taketh them to witnesse that he kept nothinge back from them that might be for their profit but shewed them all the councell of God It is much maruaill that Paul shewed al Gods councel vnto them yet made no mention of any Forinsecall iurisdiction as geuen them by the commission of Gods worde The godly Bishops that succeded the Apostles for many yeres after followed the doctrine and examples of the Apostles yet neuer exercising iurisdiction Forinsecal neither iudging reforming ordering or correctinge otherwise than by preaching publikely or priuately without especiall consent and commission of their Churches during the time thei
as the Scripture knoweth not And y e matter wherabout that visitation is occupied for the moste part is directly against the Scriptures The personnes that may lawfully visit in your Canon Lawe visitation are Popes Legates from the side Legates sent and borne Legates and messengers of the Apostolike sea Patriarches Archebishoppes Bishoppes Archdecons Deanes Archepriestes Abbottes and other inferiour personnes hauinge iurisdiction All Archbishoppes whiche are Legates borne haue authority to visit their prouinces by double right to wit by right Legatiue and by right Metropolitane and so they may visit twyse in the yere All these visitours muste beginne their visitation with a solemne Masse of the holy ghost The Bishoppe and euery ordinary visitour must beginne his visitation at his Cathedrall churche and Chapter He must come into the Church where he visiteth and first kneele downe and pray deuoutly chiefly directinge his eyes and minde to the place wherein the honourable sacrament of Christes Bodie is hiddē and kepte The matters of the Canon Lawe visitation are in parte these The visitour ought to viewe diligētly whether the place where the Sacrament is kepte be cleane well garnished and close for the Eucharist and the holy Chrysme ought to be kept shut vnder locke and keye He must see that there be great lightes of waxe to geue light in that place Then must he visit the place of the holy reliques and of Baptisme And searche diligently what manner of place it is and whether it be kepte shut Besides this he muste visit the Aultares and litle Chappelles and must with his eies view he whole Church whether it be cleanly and cleane Then he must visit the vesselles and Church vestymentes whether they be cleane and kept in a cleane place as they ought to be and whether the vestymentes be ouermuche worne and broken and in case the visitour shall finde suche vestimentes vncleane rente and consumed with occupyinge he muste burne them in the fire and cause the ashes to be buried in some place whereby there is no passage But in any wise let him not suffer saith Socius purses or such like thinges to worldly vse to be made of the coopes or tunicles Last of all let him suruey the houses and possessions belonging to the Churche The Bishop dooth visit also to Bisshop enfantes and to consecrate or hallow Churches The visitour also shall enquire and examine whether any man knowe or beleeue or that the fame is that the Sexten the Treasurer or the Vesture keeper hath well and saufly kepte the vessels vestymentes and other thinges or ornamentes of the Churche as Masse bookes Grayles Antiphoners Legendes and other thinges appointed to diuine Seruice and whether any thinge moueable or vnmoueable be diminished and by whome wherefore whan and after what sorte whyther they be diligently present at the Dirigees for the dead And whether the vesture keeper or Sexten keepe warely and cleanely the Churche the Eucharist the Reliques the Founte the Churchyardes and suche other thinges And he shall examine the Priestes in the countrey in sayinge of their Masses But let euery visitour vnderstande saith mine authour that same the greatest quaestion or cōtrouersie which was betwixte three Rurall personnes or Priestes whereof two of thē stroue about the woordes of Consecration the one affirminge that the woordes are to be pronounced thus Hoc est corpus meus the other Hoc est corpus I thinke he should haue saide corpū meum These two chose a thirde Prieste who was taken to be better learned to be arbytour and to decide this high quaestiō ▪ whose answere was that he himselfe stoode euer doubtfull in this question and therefore insteede of these woordes of consecration did alwaies vse to say one Pater noster Furthermore the visitour must enquire whither the Layty make their cōfessiō once in the yeere and receiue the Eucharist at Easter And whether they be slowe or denie to paye their tythes and fruites The Archbisshop must in visiting any of his suffraganes exactly enquire and examine the Canōs and Clerkes of the Cath. Church whether they know beleeue or that the fame is that the Bishop hath couered and borne with some mens faultes for money or other tēporall cōmoditie Can you finde in y e Scriptures any one of these Visitours or any one of these weightie matters enquired of by Peter Iohn Paule Sylas Barnabas or by any of the Apostles in their Visitacions which were Scripturely Visitacions No surely it is not possible For these Idolatrous vanities are manifestly repugnante to the Holie Scriptures Amongest all the rable of these Canon Lawe Visitours ye can not finde in the Scriptures not so muche as the bare Title of one of them onelesse it bee of a Bishoppe whiche name applied to the man as the scriptures describeth the man that is called to that office can no more agree with a Cannon Lawe Bishoppe then with y e Ciuil lawe Bishop whose office was as it is sette forth in y e Digestes to haue the rule ouersight of al maner of victualles in the Cities as it were the chiefe clerke of the markets As the matter of the Apostles visitacions standeth directly against the greatest parte of the matter whereabout your Popish or Canon lawe visitacion is exercised Euen so the holy Scripture that you auouch for y e geuinge of y e holy Ghoste maketh nothing at all to proue your purpose For S. Luke in y e place speaketh not of an ordinary power that should remaine in the ministers of y ● churchfor euer but of a special gifte to woorke Myratles to geue that power to others which should continue but for the time whiles Christes Churche was to be erected and the woorde to be sounded thorough the worlde And therfore Chrisostome saieth That this gyfte perteyned onely to the Apostles For saith he the Conuertꝭ in Samaria had receiued before Peter and Iohn came the spirite of Remission of Sinnes But the spirite of Myracles that is the gyfte of tounges healinge propheciyng and such like which are the gyftes of the Holy Ghoste therefore are called the Holy Ghoste they had not as yet receiued There were many that by the power of Goddes spirite coulde woorke Myracles but to geue this power to others none coulde doo but the Apostles For that was propre and onely in them Marke nowe the sequele of your allegation for proufe of your purpose Thus you argue The Apostles gaue by the impositiō of their handes to the Samaritans the gyftes of Healinge Propheciynge of Tongues c. Therfore euery Bishop and priest hath power to geue the same gyftes to their flockes and cures There was neuer none so blinde or ignorantly brought vp in your cures belongynge to the Abbay of Westminster but that did well perceiue that neither your Bishoppes Abbottes or Priestes had or coulde do any suche seate They like Apes imitated the outwarde signe or ceremonie but the inwarde grace they wanted
Touchinge the thirde parte of your proufe whereby yee conclude that Bishops and Priestes may make Lawes orders and decrees to their flockes and cures bicause the Apostles so did as you say Although I neede make none other answeare then to denie your argumēt which you can by no arte maineteyne the insufficiency whereof is manifest to those that haue but a little skyll eyther in Logike or Diuinitie Yet I will briefly consider the places whereupon you grounde this mishapen sequele that the vnskilfull may see how little they make for your purpose After that S. Paule had founded the Churche of Corinthe and had brought them to Christ through y e preachinge of the Ghospell there sprange vp amongest them in his absence many vices and offences contrary to the Doctrine he had taught and the Godly admonitions that he had geuen vnto them wherfore being aduertised therof he wrote his Epistle vnto that Church wherin he reproueth their faultes partely in generall and partely in speciall And in the ende of the tenth Chapiter concludeth with this general admonition that All thinges be done without offence and to the Glory of God In the. xi Chapiter he reproueth certeine faultes in speciall committed by them in their publique assemblies and Churche méetinges contrary to this generall admonition and contrary to that he had taught them in special touchinge their honest and comely behauiour in their publique prayer preaching communicating in Christes Sacramentes which of al other thinges ought chiefely to be so done as therby God may be glorified and al offences eschued To this ende S. Paule had taught the Corinthes that in these publique holy exercises it is most séemely that men prophery pray bare headed Contrarywise wemen not without their heades couered Many obserued this comelynesse in prayer and propheciynge as Paule had taught them Others contentiousely did withstande and gainesay the same as an order that Paule hadde deuised and brought in of his owne deuise besides Goddes woorde as you also ymagine that Paule made this order besides the Gospell of his own authoritie wherwith to bynde the Corinthes To answere both the contentious Philosophers than amongest the Corinthes and the superstitious Papistes nowe in lyke forte molestinge the Christians S. Paule proueth that this comlynes is grounded vppon Gods ordinance and not a Lawe newly deuised of his owne authoritie besides the Ghospell This is his proufe the man by Gods ordinaūce hath the superioritie and the woman must be in subiection God hath appointed for them bothe signes and tokens of this dominion and subiection He hath ordeined that man in token of superioritie shoulde haue his head vncouered as contrariwyse the woman in token of subiection to haue her head couered Therefore if man laye away that signe and token of dominion whiche God hath ordeined for him to vse and taketh vpon him the signe and badge of subiection he dishonoureth God his head and breaketh his ordinance And so the woman if shee leaue of the couerture of her head whiche God hath geuen to her to be worne as a token and badge of her subiection and taketh vpon her the signe of superioritie she dishonoureth her head and breketh Gods ordinaunce S. Paule addeth an other reason wereby he proueth that this this was no Lawe made by him to the Corinthes Nature saith he hath taught you this comely order If this were a Lawe and Decree of nature it was not S. Paules deuise besides Gods word S. Ambrose vpon this place saith that S. Paule spake these woordes according to Gods Lawe whiche forbiddeth saith he the man to weare his heare Chrysostome affirmeth this to be an ordinaunce of nature But saith he whan I speake of nature I meane of God who is the authour of nature So that it is manifest by S. Paules owne proufes in defence of that he had taught and by the witnesse of S. Ambrose and Chrysostome that the man to be bareheaded and the woman couered was not a Lawe order and decree made by S. Paule to the Corinthes as you vntruly fable but Gods ordinaunce made plaine set forth and taught by hym that all thinges might be done in the Churche in comely order to Gods glory Of like sorte was the reformation and order whereof you speake about the more woorthy receiuinge the Lordes Supper The Apostle maketh thereaboute no newe Lawe order or decree besides the Ghospel but reproueth the Corinthians for that they did not aboute the receipte thereof obserue the lawe of the Ghospell He blameth them in generall that their Churche assemblies were not to the encrease but rather to the decrease of vertue in them selues He reproueth them that in steade of brotherly loue vnitie and concorde there was Contempte Schisme and Dissention amongest them He rebuketh them for that they made that Supper Pryuate whiche the Lorde him selfe had made and instituted to be Cōmon He reprehendeth them for Drunkennesse and that with the contempte of the poore And he sharpely shaketh them vp for that they abuse the Churche contemninge the right vse thereof Is not this Christes Lawe that the people shoulde encrease in vertue Is not this Christꝭ cōmandement that y e Christians shoulde lyue in brotherly loue vnitie and concorde Is not this Christes Institution that his Supper shoulde be Common and not Pryuate Dooth not Christes lawe condemne Drunkerdes and contempte of the poore And is not this Goddes decree that his house shoulde not be prophaned or abused If these be Gods ordinances as you can not denie them to bee than are they not Paules lawes orders or decrees neyther by writynge or woorde of mouthe otherwise than that Paule was Goddes mouthe and scribe to vtter not his owne lawes besides the Ghospell but Goddes ordinaunces comprehended within his Ghospell So that whether beynge presente he taught them by woorde or being absente by wrytynge he neyther wryite nor spake other then he had receyued of the Lorde He promised say you to dispose other thinges at his comminge It is true but not other wise then he did these aboue mentioned He exhorteth say you the Thessalonians to abide in the traditions whiche they had learned by woorde or by writinge Yee say trueth but he dooth not thereby bynde them to this as to a lawe order or decree made by him besydes the Ghospell but he monisheth them as S. Ambrose expoundeth his meaninge To stande fast continue and perse●ere in the tradition of the Ghospell So that the traditions he speaketh of are not other then the Doctrine of the Ghospell I maruaile not that yee misreporte S. Paule saiynge that he made orders and decrees touchinge prayinge and preachinge vnto the people in tongues vnknowen that all wemen shoulde keepe silence in the church and congregation for it may seeme yee neuer readde the place but tooke it as you hearde it reported If you had readde the place yee mighte haue seene with your owne eyes that S. Paule speaketh no whitte of that matter in the. 13.
Augustine or rather of Christes catholique Churche vttered by hym againste the Donatistes touching the Seruice authoritie power and care that kynges haue or ought to haue in causes spirituall or ecclesiasticall the whiche is also the iudgement of Christes catholique Church now in these dayes mainteined and defended by the true mynisters of the same catholique Churche againste all Popishe Donatistes with the force of Gods holy woorde bothe of the olde and new Testament euen as S. Augustine did before Who to prooue and confirme this his assertion to bee true against the Donatistes did auouche many mo examples than I haue cited out of the olde Testament As of the kyng of Niniue of Darius Nabuchodonozor others affirmyng that the histories and other testimonies cited for this matter out of the olde Testament are partly figures and partly prophecies of the power duety and seruice that kynges should owe and perfourme in like sorte to the furtherance of Christes Religion in the time of the new Testament The Donatistes in the defence of their heresy restrayned S. Augustine to the example and testimony of such like order of Princes Seruice in matters of Religion to be founde in the Scriptures of the new Testament meanyng that it could not be found in any order that Christe lefte behynde hym as you also fantasied when you wrote the same in your booke folowyng yea going euen cheeke by cheeke with them But S. Augustine maketh aunswere to you all for hym and me bothe Who rehcarsing the actes of the godly kynges of the olde Testament taketh this for a thyng not to be denied to wytte That the auncient actes of the godly kinges mentioned in the Propheticall bookes were figures of the like factes to be doon by the godly Princes in the time of the newe Testament And although there was not in the tyme of the Apostles nor of long tyme after any kynges or princes that put the same ordinaunce of Christ in practise all beynge infideles for the most part Yeat the seruice of kinges was figured as S. Augustine saieth in Nabuchodonozor and others to be put in practice when this of 71. Psalme should be fulfilled and all the kinges of the earth shall worshippe Christ and all nations shall serue him c. As yet in the Apostles time this prophecy sayth he was not fulfilled and now ye kinges vnderstande be learned ye that iudge the earth and serue the Lorde in feare with reuerence VVhen the christian Emperours and Princes saieth this catholique father shall heare that Nabuchodonozor after he had seen the marueilous power of almighty God in sauing the three younge men from the violence of the fire walking therin without hurt was so astonied at the miracle that he him selfe being before this but a cruell Idolatour began forthwith vpon this wonderous sight to vnderstande and serue the Lorde with reuerent feare Doo not they vnderstande that these thinges are therefore writen and recited in the Christian assemblies that these shoulde be examples to them selues of faith in God to the furtherance of Religion These Christian rulers therfore minding according to the admonition of the Psalme to vnderstande to be learned and to serue the Lord with reuerent feare do very attētiuely giue eare and marke what Nabuchodonozor after said for he saieth the Prophet made a decree or statute for all the people that were vnder his ●beissance that who so euer shuld after the publicatiō thereof speake any blasphemy against the almighty they should suffer death and their Goodes be confiscate Now if the Christian Emperours and kinges doo know that Nabuchodonozor made this decree against the blasphemers of God surely they cast in their myndes what they are bounde to decree in their kingdomes to witte that the selfe same God and his Sacramentes be not lightly set by and contemned Thus farre S. Augustin By whose iudgement being also the iudgement of the catholique church it is manifest y t the order rule and gouernement in Ecclesiasticall causes practised by the kynges of the olde Testament beynge figures and prophesies of the lyke gouernement and seruice to be in the kynges vnder the newe Testament is the order of gouernment that Christ left behynde him in the Ghospell and newe Testament and so directlye confuteth your erronious opinion Nowe I wyll conclude on this sorte that whiche I affirmed namely that kynges and Princes ought to take vpon them gouernement in Ecclesiasticall causes What gouernement orde and dutifulnes so euer belongyng to any God hath figured and promysed before hande by his Prophetes in the holy Scriptures of the old Testament to be perfourmed by Christe and those of his kyngdome that is the gouernement order and dutifulnes set foorth and required in the Ghospel or newe Testament But that faithfull Emperours Kynges and Rulers ought of dutie as belongynge to their office to claime and take vpon them the gouernement authoritie power care and seruice of God their Lorde in matters of Religion or causes Ecclesiasticall was an order and dutifulnes for them prefigured and fore promysed of God by his Prophetes in the Scriptures of the olde Testament as S. Augustine hath sufficiētly witnessed Ergo. Christian Emperours Kynges and Rulers owe of dutie as belonging to their office to clayme and take vpon them the gouernement authoritie power care and seruice of God their Lorde in matters of Religion or Spirituall or Ecclesiasticall causes is the gouernement order and dutifulnes set forth and required in the Ghospell or newe Testament This that hath been already sayd myght satisfie any man that erreth of simple ignoraunce But for that your wilfulnes is suche that you delight only in wranglinge against the truthe appeare it to you neuer so playne and that no weyght of good proufes can presse you you are so slippery I wyll loade you with heapes euen of suche proufes as ye wyll seeme desirous to haue The holy Ghost describing by the Prophete Esay what shalbe the state of Christes Church in the time of the new Testament yea now in these our daies for this our time is the time that the Prophet speaketh of as S. Paule witnesseth to the Corinthians addeth many comfortable promises amongest other maketh this to Christes Catholique Church to witte Kinges shalbe Nourshing Fathers and Quéenes shalbe thy nources Nourishing Fathers saith the glose enterlined In lacte verbi In the mylke of the woorde meaninge Goddes woorde Lyra addeth This prophecy is manifestly fulfilled in many Kinges and Queenes who receiuing the Catholique Faith did feede the poore faithfull ones c. And this reuerence to be done by Kinges saith Lyra was fulfilled in the time of Constantine and other Christian Kinges Certainely Constantine the Emperour shewed him selfe to vnderstād his owne duety of nourishing Christes Church appointed by God in his Prophecy for he like a good tender and faithful Nourcefather did kéepe defende mainteine vpholde and féede the poore faithfull ones of Christ he hare them beinge
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