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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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to mine assertion to be committed by Christe to Bishops priestes as proprely apperteyning to their office and calling without further commission or authoritie from Princes or any other power The distinction that I made of Ecclesiasticall iurisdiction I wil first repete and than put mine answeare to your argumentes Spiritual Iurisdiction is deuided into twoo sortes the one is called Cohibityue the other not Cohibityue That whiche is called not Cohibityue is that iurisdiction or power that is exercised and woorketh in the inwarde and secrete courte of conscience that is the preachinge of the Ghospell mynistration of the Sacramentes and the absoluinge and reteininge of sinnes by the woorde of God in the publique mynistery This therfore they call not Cohibityue bicause in the Court of conscience no man is bound or lowsed vnwillingly or against his will To exercise this kinde of Iurisdiction neither kinges nor ciuill Magistrates neither any other persone may challendge or take vppon him onlesse he be lawfully called thereunto Iurisdiction Cohibitiue hath twoo partes the one consisteth in the exercise of excommunication and circumstaunces thereunto required by Christes institution the whiche power or Iurisdiction belongeth to the Churche onely and not to the Prince Bishoppe or Priest for noman hath authoritie to excommunicate but onely the Churche and those who receiue authoritie there vnto by commission from the Churche The other kinde of Cohibitiue Jurisdiction is a power or authoritie that consisteth and is exercised in foro causarum in the courte of causes and apperteineth ad externum publicum forum to the externall and publike Courte and is defined to be saith Antonius an authoritie or power to declare the Law geue sentence and to iudge in all controuersies pertayninge to the Courte what is euery mans right and in summe to doo those thinges that iustice dooth require accordinge to the Lawes Ioannes Quintinus defineth Iurisdiction to the same effect but openeth the nature thereof more plainely sayinge Iurisdiction is an office and authoritie to declare the Lawe that is to admynister iustice and equity● and to gouerne the people with right and Lawes VVhan I name an office saith he I meane that iurisdiction hath in it selfe a necessity to declare the Lawe for office is that whiche euery man is bounde to doo to declare the lawe is to exercise iudgementes whereuppon commeth iurisdiction he meaneth that iurisdiction hath the name and is so called of exercisinge iudgementes iudgementes are exercised onely of them that haue iurisdiction that is power to iudge Iurisdiction consisteth onely in the contentions or debatinge of matters in Courte or iudgementes This authoritie to iudge dooth discende nowe from the Prince alone in whome onely is all power By vertue of this iurisdiction saith Antonius the Churche mynisters accordinge to their offices rightly enioyned vnto them may lawfully visit enquire of mens manners punishe the faulty send foorth apparitours or sommoners cyte the sturdy and stubborne represse their malepartnes call and sommon meete personnes to the Synode prouinciall or generall confirme the matters decreed in the Synode or Councell pardon faultes chaunge or mytigate the penaunce enioyned for confessed faultes condemne Heretiques and their writinges examine all mens writinges who so euer before they be set foorth or published and after due examination iudge whether they conteyne sounde or pestilent doctrine ordeine Decrees Lawes caeremonies and rytes constitute Bisshoppes and other Churche mynisters also depose degrade make them irreguler and vnhable to haue holy orders determine illegitimation in personnes for maryage bestowe Ecclesiasticall benefices and exact tythes and annates These and many other thinges may be lawfully doone by those that haue the power of this Cohibytiue Iurisdiction whiche is not saithe he properly signified by the name of the keyes for although it may be named in some respecte a Churche keye yet it differeth very muche from the keyes of the firste Courte that is of the Courte of Conscience For the vse of those keyes that are occupied in the Courte of conscience belongeth onely to the Euangelicall Priestes But this Iurisdiction may lawfully be exercised of those that are not mynisters of the woorde and Sacramentes and are not Priestes As the twoo former partes of Ecclesiastical iurisdiction haue their vertue power and institution of Christe immediatly euen so this third part whiche is saide to consiste in foro causarum with those thinges which may be vsed or exercised by vertue thereof dothe depende vppon the positiue Lawes of Christian Magistrates or where suche wanteth vppon the positiue rules and orders of that Churche where suche orders muste be practised and not immediatly vppon the Lawe of God You tooke vppon you to proue that this seconde kinde of Cohibityue Iurisdiction with the appurtenances thereof as I haue rehersed was appointed by the expresse woorde of God immediatly to Bishoppes and Priestes without further commission of Princes or other power whiche I denied Nowe let vs consider the force of your proufes and sée how they conclude your cause Firste yée say that the woordes of the first parte of the Othe doo by expresse woordes of the Acte geue vnto the Q. highnes all manner of iurisdictions priuileges and preheminences in any wise touchinge and concerninge any Spirituall or Ecclesiasticall iurisdiction within the realme with an expresse debarre and flat deniall made of al spirituall iurisdiction vnto the Bisshoppes thereof to be exercised ouer their flockes and cures without her highnes speciall commission to be graunted thereunto they hauinge by the expresse woorde of God commission of spirituall gouernement ouer them Your euill dealing with the woordes of the Acte and the Othe expresseth an vnkindely meaninge to the Prince and the state for that either the Acts or the Othe debarreth or denieth expressely or couertly y e Bishopes of this realme to exercise ouer their flockes and cures without her highnes speciall commission graunted therto any spirituall iurisdiction assigned to a Bishop by the woorde of God is altogether vntrue The Statute geueth or rather restoreth to the Prince Iurisdiction and authoritie to enquire after what sorte the Ecclesiasticall state and personnes behaue them selues in their cures and chardges to refourme and correct the disorders negligencies and enormities risinge amongest them to the hinderaunce of their office in their cures and chardges and in summe to order and prouide that they doo execute their office accordinge to their callinge in their cures chardges This is not to debarre or denie them the exercise of their office without a speciall licence Neither doo the expresse woordes of the Statute geue to the Prince all manner of iurisdictions in suche absolute wise as you reporte in any wise and any spirituall iurisdiction within the realme For these termes all manner in any wise and any spirituall iurisdiction whiche you enforce so muche are not founde in the gifte or restitucion of spirituall iurisdiction made by the acte vnto the Prince But in that parte where the acte geueth afterwarde
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
Electiōs reseruations expectatiues Annates vnfit pastours pardons tythes the spiritual courtes c. beseching him to haue some redresse herein Who being moued with the admonitions aduisementes and exhortatiōs of the learned Clergy the godly Princes at the length called a councel at Triers Colayn for the redresse of these and other enormities in the yere of the Lorde 1512. whiche was the fourth yere of the reigne of the moste renoumed kinge of England king Henry the eight In this councel amongest other thinges bicause there was a suspicion of a Schisme breedinge and of greuaunces in the Church it was necessarily decreed that the Emperour and Princes electours with other Princes and states of Thempire should loke about them and wel consult by what meanes these greeues might be taken away most commodiously and the Schisme remoued and euill thinges reformed to edification It was decreed also against blasphemours to paie either a somme of money limited or to suffer death And that all men should know this decree it was thought good to the Princes and states of the Empire that al preachers and persones should at all high feastes preache vnto the people thereof faithfully This being doon Maximilian set forth a decrée for y e takinge away of the forsaid Ecclesiastical greuaunces wherein he declareth that though of clemency he haue suffered the Pope the Clergy herein as did his father Frederik Yet not withstanding sith that by his liberalitie the worshippe and seruice of God hath fallen to decaie it apperteineth vnto his dutie whome God hath chosen vnto the Emperial throne of Rome that amongest all other moste great businesses of peace and warres that he also looke about him vigilantly that the Churche perishe not that Religion decaie not that the worship of the seruice of God be not diminished c. In consideration wherof he prouideth that a man hauing in any citie a Canonship or Vicarship enioy not any prehende of an other Churche in the same citie c. making other decrées against suing in the Ecclesiasticall courtes for benefices for defence of Lay mens patronages for pensions against bulles and cloked Symony c. After this the Emperour Lewes the French king concluded together to call a general coūcel at Pise to the whiche also agreed a great part of the Popes Cardinals Many saith Sabellicus began to abhorre the Popes Courtes saying that all thinges were there defiled with filthy lucre with monstruous and wicked lustes with poysoninges Sacrileges murders and Symoniacall fayers and that Pope Iulius him selfe was a Symoniake a dronkarde a beaste a worldling and vnworthely occupied the place to the distruction of Christendome and that there was no remedy but a generall Councell to be called to helpe these mischiefes to the whiche his Cardinalles accordinge to his othe desired him but they coulde not obteyne it of hym Maximilian the Emperour being the authour of it with Lewes the Frenche king bicause the histories doo beare recorde that in times past the Emperours of Rome had wont to appointe councels they appointe a councell to be holden at Pyse Maximilian the Emperour Lewes the French king and other Princes beyonde the seas were not more carefully bent and moued by their learned men to refourme by their authoritie the abuses about Church matters thā was king Henry the eight at the same time king of Englande of most famous memory who following the hūble suites and petitions of his learned Clergy agreynge thereupon by vniforme confent in their conuocation toke vpon him that authoritie and gouernement in all maner matters or causes Ecclesiasticall which they assured him to belonge vnto his estate both by the worde of God and by the auncient Lawes of the Churche and therfore promised vnto him in verbo sacerdotii by their priesthood not to do any thing in their councelles wiehout his assent c. And this Clergie was not onely of Diuines but also of the wysest moste expert and best learned in the Ciuil and Canon Lawes that was than or hath been sence as D. Tonstal Bishop of Duresme D. Stokesley B. of Londō D. Gardiner Bishop of Wynton D. Thirleby Bishop of Westminster and after of Norwiche your olde maister D. Bonner who succeded Stokesley in the sea of Londō and many others by whose aduise consent there was at that time also a learn●d booke made published De vera differentia Regiae potestatis Ecclesiasticae whiche I doubt not but yée haue séen longe sythen Neither was this a newe deuise of theirs to please the king with al or their opinion onely but it was and is the iudgement of the moste learned Cyuilians and Canonystes that when the Cleargie are faultie or negligent it apperteyneth to the Emperour to call generall councelles for the reformation of the Churche causes as Philippus Decius a famous Lawyer affirmeth And the Glossator vppon this Canon Principes affirmeth that the Princes haue iurisdiction in diuers sortes within the Churche ouer the Cleargie when they be stubbourne ambitious subuerters of the faith falsaries makers of Schismes contemners of excommunication yea also wherein so euer the Ecclesiasticall power faileth or is to weake as in this Decree He meaneth where the power of the Churche by the woorde of doctrine preuaileth not therein must the Princes authoritie and iurisdiction take order for that is the plaine prouiso in the decrée The woordes of the decree are as followe The seculer Princes haue oftentimes within the Churche the highest authoritie that they may fence by that power the Ecclesiasticall discipline But within the Churche the powers of Princes shoulde not be necessary sauinge that that thinge whiche the Priestes are not able to dooe by the woorde of doctrine the power of the Prince may commaunde or obtaine that by the terrour of discipline The heauenly kingedome dooth oftentimes preuaile or goo forwarde by the earthly kingedome that those whiche beinge within the Churche doo against the faith and discipline may be brought vnder by the rigour of Princes and that the power of the Princes may lay vppon the neckes of the proude that same discipline whiche the profite of the Churche is not hable to exercise and that he bestowe the force of his authoritie whereby to deserue woorship Let the Princes of the worlde well knowe that they of duety shall rendre an accompte to God for the Churche whiche they haue taken of Christe to preserue For whether the peace and discipline of the Churche be encreased by faithfull Princes or it be loosed He doth exact of them an accompt who hath deliuered his Churche to be committed to their power To this effect also writeth Petrus Ferrariensis a notable learned man in y e Lawes saying Thou ignorant man thou oughtest to know that the Empire the Emperour ones in times past had bothe the swoordes to witte bothe the Temporall and Spirituall in so much that the Emperours then bestowed all the Ecclesiasticall
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
man ought to be carefull to auoide Periury both in this al other matters euen so wise men may wel knowe what you meane by the conditional case ye put of the refusal by hir highnesse Successours of this Title whereto the Holy Ghost maketh you this plaine answere Spes Hypocritae peribit The Hypocrites hope shall perish You sprinkle this doubtful case with a powder of late experience which seasoneth your matter De facto non de Iure For it is not lawful for any christiā Prince to refuse this Supremacy which is the hest part of his princely Ministery seruice vnto God Neither may he more binde his subiectes by lawe to become sworne to the Pope and Popery than to the great Turke and Turkery For that the Pope is a more perillous ennemie vnto Christe than the Turke and Popery much more Idolatrous then Turkery And therfore there is no humaine authoritie that can dispēce with the violation of this lawful Othe made of duety vnto the Christian Prince This is a lamētable case I graunt that subiectes should lyue in cōtinual disobedience to the Lawes of the Prince whether it happen for that the Lawes be so vngodly that a Christian subiecte may not with good conscience obeye them experience whereof was of late made here in this Realme Or for that the stubbornesse of the subiect mainteyned with a wicked and yet a vaine hope be so stiffe that wilfully he lyueth in a continuall disobedience to the Godlye lawes of his soueraigne whereof experience is made nowe at this time in you and a fewe others of your conspiracy There is good cause why yee shoulde haue your very trust and hope as you say yee haue howe vngratiousely so euer yee thinke assured of the charitie of our Churche newly refourmed after the rule of Goddes woorde wherat yee Popishe swyne grunte groyne For you in your owne selfe haue perfecte experience that the Supreame gouernour vnder Christe of this Realme folowinge the example of hir heauenly Father dooth bountifully of hir goodnesse with muche more pacience and longe sufferinge allure you to dutifull repentance And hath further prouided sundry meanes and wayes whereby to remoue your wilfull ignorance and to endue you with sufficient knowledge of the trueth howe ye mighte with salfe conscience receiue this dutifull Othe of a true subiecte without all periury M. Fekenham HERE folovveth the Resolutions of the aforesaide Scruples made by my L. Bishop of VVinchester For a resolute ansvvere to all the saide Scruples expressed in the forenamed poinctes his L. saide that he did muche lamente that the right meaninge of the Othe had not beene in season opened and declared vnto me vvhan the onely lacke of the right vnderstandinge thereof hath beene the cause of such staies and distourbaunce of conscience VVhereas the Q. Maiesties meaninge in that Othe is farre othervvise than the expresse vvoordes are as they Lie Verbatim like as it doth vvell appeare by her Highnes interpretacion made thereof in her Iniunctions Thereunto my obiection vvas that vndoubtedly her Highnes did fully meane and minde to clayme and take all spirituall gouernement vppon her for besides the expresse vvoordes of the Othe vvherunto al men be bounde to svveare Verbatim ▪ as they Lie vvithout all chaunge and alteracion makinge of any vvoorde or sense thereof her highnes in the Interpretacion set foorth in her Iniunctions doth by very plaine vvoordes clayme the same spirituall gouernement here in this Realme of the Church of Englande that her Highnes Father Kinge Henry and her brother Kinge Edvvarde did enioye and clayme before her in the vvhiche Iniunctions and in the late Acte of Parliament also her Highnes dooth clayme no more spirituall gouernement nor no lesse but so muche in euery pointe as they had vvithout all exception For ansvveare his L. did still continue in the deniall thereof and that her highnes meaninge vvas not to take so muche of Spirituall authoritie and povver vppon her as they did vvith affirmacion that he did moste certainely and assuredly knovve her Highnes minde therein Then for some issue to be had of this matter seeynge that the meaninge of the Othe is not as the expresse vvoordes doo purport And seeynge that his L. did so vvell vnderstande her Highnes meaninge therein and thereby the very right sence thereof I besought him that his L. vvoulde take some paines for truethes sake to penne the same vvhereuppon his L. did penne and vvrite the interpretation of the saide Othe as hereafter follovveth I. A. B. do vtterly testifie and declare in my conscience that the Q. Highnes is the onely Supreme gouernour of this Realme and of all other her Highnes dominions and countreis asvvell in all Spirituall or Ecclesiasticall thinges or causes as Temporall That is to haue the soueraignty and rule ouer all manner personnes borne vvithin her Realmes dominions and countreys of vvhat estate either Ecclesiastical or Tēporal so euer they be And to haue authority and povver to visit the Ecclesiasticall estate and personnes to refourme order and correct the same and al maner errours heresies schismes abuses offences contemptes and enormities Yet neuertheles in no vvise meaning that the kings and Queenes of this Realme possessours of this crovvne may challēge authoritie or povver of ministerie of diuine offices as to preache the vvord of God to minister Sacramentes or rytes of the Churche appointed by Christ to the office of Church ministers to excōmunicate or to binde or lose Of the vvhich fovver pointes three belong only to the Ecclesiastical ministers the fourth is commen to them vvith the congregation namely to excōmunicate And that no forain Prince Persone Prelate State or Potentate hath or ought to haue any Iurisdiction Povver Superioritie preheminence or authoritie Eclesiastical or Spiritual vvithin this Realme And therefore I doo vtterly renounce al forein iurisdictions povvers superiorities proheminences and authorities That is as no Secular or Laie Prince other than the kings or Queenes possessours of the crovvne of this Realme of vvhat title or dignitie so euer they be hath or ought to haue any authoritie soueraintie or povver ouer this realme ouer the Prince or subiectes thereof Euen so no maner of forein Prelate or persone Ecclesiastical of vvhat titlie name so euer they be neither the sea of Rome neither any other sea hath or ought to haue vse enioy or exercise any maner of povver iurisdiction authoritie superioritie preheminence or priuilege Spiritual or Ecclesiastical vvithin this Realme or vvithin any the Q. Highnes dominions or coūtreis And therfore al such forein povver vtterly is to be renounced and I doo promise c. Vt sequitur in forma iuramenti The B. of Wynchester These that ye terme Resolutions are none of mine they are lyke him that forged them false feigned malitious They be your owne either ye could not or yée were ashamed to adioine my answeres to your séely obiections and therfore ye feigned me to vtter for resolutions your
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
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
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
the Emperour as a wyse moderatour and Ruler would discourage none but myldely caulmed such as he saw ouer hasty with wilde wordes cooling their heate and commended such as reasoned deepely with grauitie When they had agreed of the chiefe pointes wherefore they were assembled the Emperour him self calleth forth Acesius a Byshop at Constantinople of the Nouatians Religion and examineth him openly touchyng these articles wherunto the whole counsaile had agreed and subscribed He wryteth his lettres to the Churche at Alexandria where the controuersy touchynge the diuinitie of Christ began declaring that he him selfe together with the Byshops in the counsayl had taken vpō him the searchinge foorth of the truthe and therefore assureth them that all thinges were diligently examined to auoyde all ambiguitie and doubtfulnes wherefore he exhorteth and willeth them al that no man make any doubt or delases but y e cherefully they retourne againe into the moste true waye He writeth an other to al Byshops people where so euer wherein he commaundeth that no wryting of Arius or monument conteining Arius doctrine be kepte openly or secretly but be burnt vnder payn of death After that all the matters were concluded and signed with their handes subscription the Emperour dissolueth the counsaile and licenseth euery one of them to retourne home to his own Byshoprike with this exhortation that they continue in vnitie of fayth that they preserue peace and concorde amongest them selues that from thence forth they abyde no more in contentions and last of al after he had made a long oration vnto them touchynge these matters he commaundeth them that they make prayer continually for hym his children and the whole Empyre Arius counterfeyting a false and feyned confession of beliefe like an hypocrite pretending to the Emperour that it was agreable vnto the faithe of the Nicen counsayl humbly beseching the Emperour That he would vnitie and restore him to the mother Churche and therefore hauinge friendes in the Emperours Courte as suche shall neuer want fautours about the best Princes was brought into his presence whom the Emperour him selfe examined diligently and perceyuing no disagrement as he thought from the agreement made in Nicene councell absolued restored him againe whereunto Athanasius who knew Arius throughly would not agrée and being accused therfore vnto the Emperour was charged by lettres from hym that he should receiue Arius with these threates that if he would not he would depose him from his Byshoprike and commy● him to an other place The Arians heaped vp many and horrible accusations and slaunders vpon Athanasius whereupon the Emperour dooth sommon a counsaill at Tyre and sendeth cōmaundement by his letters to Athanasius that without al excuse he shuld appeare there for otherwyse he should be brought whether he would or no. He writeth to the coūcell his letters wherein he declareth the causes why he called that councell He shewed what he would haue and they ought to doo and prescribeth vnto them the fourme and rule wherby they shall iudge and determine in that Synode Athanasius appeared appealed fled to the Emperour and declared the iniuries offered against him in that councell The Emperour tooke vpon him the hearing of the cause sent his letters to the whole Synode commaūding them without all excuse or delay to appeare before hym in his palayce and there to shewe how vprightly and sincerely they had iudged in their Synode as I haue shewed before Wherein obserue diligently that the Emperour taketh vpon him and no fault found therewith to examine and iudge of the doinges of the whole councell Thus farre of Constantine and his doynges in the execution of his ministerie and especially in perfourming that part whiche he calleth the best part that is his gouernement and rule in Ecclesiasticall matters wherein it is manifest that by the practise of the catholique Churche for his time approued commended by al the catholique priestes and Bishoppes in the Nicen counsaile the supreme gouernement authoritie and rule in all maner causes both Ecclesiastical and Temporall were claimed and exercised by the Emperour as to whom of right suche like power and authoritie belonged and apperteined Constantines sonnes claymed and tooke vpon them the same authoritie that their father had doon before thē and as Zozomen reporteth of them did not only vpholde mainteine the ordinances made by their father Constātine in Churche matters but did also make newe of their owne as occasiō serued the necessitie of y e time required Constantinus after the death of his father restored Athanasius whom his father had deposed to his Bishoprike againe writing honourable and louing letters to the churche of Alexandria for his restitution Constantius deposed Liberius the Bishop of Rome for that he would not consent to the condemnation of Athanasius in whose place Foelix was chosen whome also the Emperour deposed for the like cause restored againe Liberius vnto his Bishoprike who beinge moued with Themperous kindnes as some write or rather ouercome with ambition became an Arian This Emperour deposed diuerse Bishops appointing others in their places He called a Synode at Millayn as Socrates witnesseth saiyng The Emperour commaunded by his edict that there should be a Synode holden at Millayn There came to this coūsaile aboue 300. Bishopppes out of the West countreis After this he mynded to cal a general councel of al the East West Bishops to one place whiche coulde not conueniently be brought to passe by reason of the great distaunce of y e places therefore he commaunded the councell to be kept in two places at Ariminum in Italy at Nicomedia in Bythinia Valentinianus the Emperour after the death of Auxentius an Arian byshop of Millayn calleth a Synode of bishops at Millayn to consult about the ordering of a new bishop He prescribeth vnto them in a graue oration in what maner a man qualified ought to be who shuld take vpō him the office of a bishop They passe to the electiō the people were diuided til at the last they al crye with one consent to haue Ambrose whom although he did refuse the Emperour commaunded to be baptized to be consecrate byshop He called an other Synode in Illirico to appeace the dissentiōs in Asia Phrygia about certein necessary articles of the christian faith and did not onely confirme the true faith by his royal assent but made also many godly and sharpe Lawes as well for the maintenance of the truthe in doctrine as also touching many other causes or matters Ecclesiastical Theodosius was nothing inferiour to Cōstantine the great neither in zeale care or furtherāce of Christes Religion He bent his whole power and authoritie to the vtter ouerthrowe of superstition false Religion some what crept in againe in the times of Iulianus Valens the wicked Emperours And for the sure continuance of Religion refourmed he made many godly Lawes he defended the godly
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
godly considerations he wrote his letters to the Bishops of euery city declaring both these causes willing them to sende him their aduise what was best to be doon from whome he receiued answere that the Chalcedon councel is to bee mainteined euen vnto death whereupon the Emperour writeth to Stila his Lieutenant of Alexandrea that he shuld mainteine the Chalcedon councell Stila did as the Emperour commaunded he expelled Timotheus Hellurus and placed another in his roume named Timotheus Sale facialius or Albus who liued quietly all the reigne of Leo and Zeno the Emperous till Basilicus gat the Empire who restored Timotheus the Heretique But when Zeno recouered the Empire this Timotheus poysoned him selfe in whose place the Heretiques chose one Peter Mogge After that Zeno the Emperour knew of the crafty dealing of y e heretiques he wrote to his Lieutenaunt Anthemius that he should depriue Peter Mogge and restore Timotheus to the Byshoprike and further that he should punishe those that were the authors to enstall Peter Mogge Anthemius receyuinge the Emperours mandate did depose Peter Mogge as one that was but a counterfayte made Bishop contrary to the Lawes of the catholique Churche and restored Timotheus Salefacialius who beinge restored sent certayne of his Clergie to the Emperour to render him thankes After this Timotheus Ioannes de Talaida was chosen wherof when Acatius Bishop of Constantinople hearde he being offended with Iohn for that he had not sent vnto him synodical letters to signifie of his electiō as y e maner was he ioyned him selfe with the fautours of Peter Mogge accused Iohn vnto the Emperour as one not sounde in Religion nor fit for the Byshoprike Peter Mogge espying this oportuniti edissembleth an vnitie and reconciliation and by his friendes wynneth Acatius who breaketh the matter to the Emperour and perswadeth him to depose Ioannes de Talaida and to restore Peter Mogge so that the same Peter would first receiue and professe the Henoticon that is the confession of the vnitie in faith whiche the Prince had set foorth wherof this is the effect Zeno the Emperour to al Bishops and people throughout Alexandry and Aegipt Lybia and Pentepolis For so much as we knowe that the right and true faith alone is the beginning cōtinuance strength and inuincible shylde of oure Empyre vve labour night and day in praier study and with Lawes to encrease the Catholique and Apostolique Churche by that faith All people next after God shall bowe downe their neckes vnder our power Seing therfore that the pure faith doth on this wise preserue vs and the Romain cōmon wealth many godly fathers haue hūbly beseched vs to cause an vnitie to be had in the holy Churche that the members displaced and seperated through the malice of the enemy may be coupled and knit together And after this declaringe his faith to agree with the Nicen councel and those that condemned Nestorius and Eutyches he saith vve curse those that thinke the contrary After whiche curse declaring al the articles of his faith he concludeth with an earnest exhortatiō vnto the vnitie of faith The Emperour saith Liberatus supposing that Ioannes de Talaida had not ment rightly of y e Chalcedun coūcel but had doon al things fainedly wrote his letters by the perswasion of Acatius to Pergamius Appolonius his Lieutenantes to depose Iohn and enstall Peter Mogge Iohn being thus thrust out repaired to the B. of Antioche with whose letters of cōmendacion he went to Simplicius Bishop of Rome and desired him to write in his behalfe vnto Acatius Bishoppe of Constantinople who did so and with in a while after died This Pope Simplicius consideringe the great contentions that were accustomably about the election of Popes did prouide by decrée that no Pope shoulde hereafter be chosen without the authoritie of the Prince which decrée although it be not extant yet it is manifest inough by the Epistle of kinge Odoacer put into the Actes of the thirde Synode that Simmachus the Pope did kéepe at Rome wherin the Kinge doth not onely auouche the decree of Simplicius but also addeth Wee maruaile that without vs any thinge was attempted seynge that whiles our Prieste meaninge the Bishop of Rome Simplicius was on liue nothinge ought to haue beene taken in hande without vs Nexte after Simplicius was Foelix 3. chosen who after his confirmacion sent many letters aswell to the Emperour as to Acatius Bishop of Constantinople aboute the matter betwixt Iohn and Peter but when he coulde not preuaile in his suite he made Iohn Bishop of Nola in Campania One of the letters that Pope Foelix wrote vnto Zenon the Emperour about this matter is put into the fifth Synode of Constantinople wherin the Pope after the salutation doth most humbly beseche the Emperour to take his hūble suite in good parte He sheweth that the holy Churche maketh this suite that he will vouchesaulfe to mainteine the vnitie of the Churche that he will destroy Heresies that breaketh the bonde of vnitie that he will expell Peter Mogge bothe out of the Citie and also from Churche regiment that he would not suffer Peter being deposed to be admitted to the Cōmunion of the Churche but that by his honorable letters he would banishe him out of the boundes of Antioche And saith this Bishoppe of Rome Foelix vnto the Emperour In his place appoint you one that shall bewtifie the Priesthood by his woorkes Anastasius the Emperour deposed Macedoniue Bishoppe of Constantinople as one that falsified the Ghospels as Liberatus saithe About the election of Symachus Platina mentioneth what great diuision and sedition arose in so much y t the parties were faine to agrée to haue a councell holden for the determination of the matter And there was a councell appointed at Rauenna saith Sabellicus to the ende that the controuersie might be decided accordinge to righte before the Kinge Theodoriche before whome the matter was so discussed that at the last this Pope Symachus was cōfirmed Neuerthelesse this fyre was not thus so quite quenched but that fower yéeres after it blased out sorer againe VVhereat the Kinge saith Platina beinge displeased sent Peter the Bishop of Altine to Rome to enioy the sea and both the other to be deposed Whereupon an other Synode was called of 120. Bishoppes wherein saith Sabellicus the Pope him selfe defended his owne cause so stoutely and cunningly and confuted saith Platina all the obiections laide against him that by the verdict of them all he was acquited and all the faulte laide to Laurence and Peter But to the intent it may the better appeare what was the Kinges authoritie about these matters marke the fourth Romaine Synode holden in the time of this Symachus about the same matter of his whiche although it be mangled and confusedly set foorth in the Booke of generall Councelles bicause as it may séeme that they woulde not haue the whole trueth of this dissention appeare yet will it
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
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
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
Agbarus affirmeth that he was no infidel or idolatour saying Beatus es quòd in me credidisti cùm non videris me Agbare thou art blessed bicause thou hast beleued in me when thou hast not seen me Besides this your owne selfe haue affirmed oftentimes and so doth your Popishe tales declare that the three wise men that came forth of the East to worship the newe borne king of the Iewes were kinges and lie buried in the great doom at Colain as the Colonistes make men to beleue called yet amongst the vulgar Papistes the three kinges of Colayn If there be any credite to be geuen to the narracion of Eusebius and Nicephorus touching Agbarus king of Edessa and to the commonly receiued opinion of your Popishe Churche concerning the three kinges of Colayn these fower were kings in the time of Christes aboade here in earth and yet not idolatours nor infidels all the whole time of Christes aboade here but faithfull worshippers of Christ Whereby the former part of the matter in the antecedēt of your argument is disproued Neither is that true whiche you put in the seconde part that the Emperours and kinges cōtinued idolatours for y e space of 300. yeres after Christꝭ Assention For although for the moste part during that space they were suche yeat was there in that time some godly Princes that were otherwise geuen Eusebius in his Ecclesiasticall history maketh mention of one Philippus a moste Christian Emperour of whom and his sonne also being Emperour with him Abbas Vrspurgensis witnesseth that they were the first of all the Romaine Emperours that became Christians who also declared by their déedes and workes as Abbas saieth that they had in them the feare of God and the moste perfect Christian faith Constantinus also the Emperour father to Constantine the great did moste diligently of all others séeke after Gods fauour as Eusebius writeth of him He did prouide by his gouernement that his subiectes did not onely enioy great peace and quietnes but also a pleasant conuersation in holines and deuocion towardes God Idolatours and dissemblers in Religion he banished out of his Court and suche as confessed Goddes truthe he re●eined and iudged moste worthy to be about an Emperour commaunding suche to 〈◊〉 the guarde both of his persone and dominion He serued and worshipped the onely true God He condemned the multitude of Goddes that the wicked had He fortified his house with the praiers of holy and faithfull men and he did so consecrate his Court and Palaice vnto the seruice of God that his housholde company was a congregacion or Churche of God within his palaice hauing Goddes mynisters and what s●●uer is r●quisit for a Christian Congregation ▪ Polidor●● in his history of Englande affirmeth also of this Emperour that he studied aboue all other thinges to encrease the Christian Religion who after his death was rekened in the nomber of sainctes To these fewe adde Lucius a king of our owne countrey who although he was not in might cōparable to Constantine the mighty Emperour yet in zeale towardes God in abolishing idolatry and false Religion in winning and drawing his subiects by all meanes to the Christian faith in mainteining and defendinge the sincere Christianitie to the vttermoste of his power he was equall with Constantine and in this point did excell him that he longe before Constantine brake the Ise gaue the onsette and shapte a patern for Constantine to followe whereby to worke that in other partes which he had achieued within his owne dominiō This noble king of very loue to true Religion as Polydore testifieth of him Procured him selfe and his subiectes to be Baptised caused his nation to be the first of all other Prouinces that receiued the Ghospell pupliquely did drawe his people to the knowledge of the true God banisshed at ones all maner of prophane worshipping of Goddes and commaunded it to be lefte Conuerted the tempels of the Idolatours to be Churches for the Christians And to be short he emploied and did bestowe all his seruice and power moste willingly to the furtheraunce and encrease of the Christian Religion whiche he planted moste sincerely throughout his countrey and so lefte it at his death almoste an hundreth yeres before Constantine was Emperour and therefore vntruely sayed of you that Constantine was the very first Christian kyng that ioyned his sworde to the maintenaunce of Gods woorde Sithe this king Lucius so longe before Constantine did not onely these thinges that Polidore ascribeth vnto hym but also did them of his owne authoritie with out any knowledge or consent of the Pope Nor Eleutherius then Bishop of Rome to whome afterwardes king Lucius did write to see some of Caesars and the Romaine Lawe● was any thing offended with the kinges doinges but greatly cōmending him therein coūcelled him not to stand vpon the Romain lawes whiche saith the Pope might be reprehended but as he began without them so to go on draw Lawes alonely out of the Scripture which afterwardes more at large the Saxon kings as Iune Aluredus did The epistle of Pope Eleutherius to king Lucius is as followeth Peristis a nobis c. You haue desired of vs that the Romaine Lawes and the Lawes of Caesar might be sent ouer to you the whiche ye would haue vsed in your kingdome of Brytanie VVe may at al times reproue the Romaine Lawes and the Lawes of Caesar the lawe of God we can not For ye haue receiued of late by the deuine mercie in your kingdome of Brytanie the Lawe and faithe of Christe Ye haue with you in your kingdome both the olde and newe testament take out of them the Lawe by the grace of God through the councell of your kingdome and by it through Gods sufferaunce shallye rule youre kingdome of Brytanie for you are the vicar of God in your kingdome according to the Prophet kinge The earth is the Lordes and all that therein is the compasse of the worlde and they that dwel therin And againe according to the Prophet king Thou haste loued righteousnes and hated iniquitie wherfore God euen thy God hath anointed thee with the oile of gladnes aboue thy fellowes And againe according to the Prophet king geue the king thy iudgement O God and thy righteousnes vnto the kings sonne For it is not geue the iudgemēt and righteousnes of Caesar for the Christian nations and people of your kingdome are the kinges sonnes which dwel and consiste in your kingdome vnder your protectiō and peace according to the Gospel euen as the henne gathereth together her chickens vnder her winges The nations in deede of the kyngdome of Brytanie and the people are yours and whome beinge deuided you oughte to gather togeather to concorde and peace and to the faithe and to the Lawe of Christ and to the holy Churche to reuoke cherishe mainteyne protecte rule and alwaies defende them both from the iniurious persons and malicious and from his enemies VVoe be to
the kingdome whose kinge is a childe and whose Princes banquet earely a kinge I name not for his smale and tender age but for folly and wickednes and madnes according to the Prophet king bloudthirsty and deceitful men shal not liue out halfe their daies By banqueting we vnderstand glotonie through glottony riotousnes through riotousnes all filthy and euill thinges according to kinge Salomon wisedome shall not enter into a froward soule nor dwel in the body that is subdued vnto sinne A king is named of ruling and not of a kingdome so long as thou rulest wel thou shalt be kinge whiche vnlesse thou doo the name of a king shal not cōsiste in thee and thou shalt lese the name of a king whiche God forbidde Almightie God geue vnto you so to rule your kingdome of Brytany that ye may reigne with him for euer whose vicar ye are in the kingdome aforesaide VVho with the father c. Thus it is made manifest that bothe your argument faileth in truthe of matter and you your selfe were beguiled through ignorance by wante of reading But put the case that your antecedent were true yet is it a faulty fallax made à dicto secundum quid ad simpliciter and the consequent followeth not for that there is more conteined in the conclusion than the antecedent doth comprehende whiche is suche an euill fauoured forme of argument that yonge studentes in the scholes would be ashamed thereof The Donatistes made the like obiection against the catholique fathers wherto S. Augustine maketh this answere The state of the Apostles time is otherwise to be thought of than this time al thinges must be doon in their time In the Apostles time this prophecie was yet in fulfilling wherfore do the Heathen rage and the people muse vpon vaine thinges The kinges of the earth set them selues and the Princes consult together against the Lorde and his Christ As yet that was not in hande whiche is spoken a litle after in the same psalme and nowe ye kings vnderstand be learned ye Iudges on the earth serue the Lorde in feare and ioy in him with reuerence Therfore seyng that as yet in the Apostles time kinges serued not the Lorde but still did deuise vaine thinges against God and his Christ that all the foresayinges of the Prophete might be fulfilled than truely impieties coulde not be inhibited by princes Lawes but rather be mainteyned For suche was the order of the times that both the Iewes shoulde kill the preachers of Christe thinkinge to doo God good seruice therein as Christ had forspoken and also the gentiles shoulde rage against the Christians that the martirs might winne the victory thorough pacience But after that this began to be fulfilled whiche is writen And al the kinges of the earth shall woorship him and all the nations shal serue him what man onlesse he be not well in his wittes will say that Kinges ought not to haue a speciall regarde for the Churche of Christe and all manner godlines amongst their subiectes You frame an other reason vpon S. Paules woordes vnto the Bishops of Ephesus whereby to prooue that all gouernement in spirituall or ecclesiastical causes belongeth to Bishoppes and Priestes and not to Princes and Ciuill Magistrates thus you argue The holy ghost appointed all spirituall gouernement of Christes flocke vnto Bishops Priestes as the woordes spoken by S. Paule doo make full and perfecte declaration Ergo Kinges Quéenes and Princes may not claime or take vpon them any parte of Spirituall gouernement much lesse take the supremacie and chiefe parte of spirituall gouernement from them For answeare I denie this argument for it is a naughty and deceiptfull Sophistication called Fallacia aequiuocationis There is equiuocacion in this woorde Priestes and also in these woordes to gouerne and rule the Church of God This woorde Priest hath diuerse significacions which are to be obserued least the simple readers be confirmed or brought into errour thorough the equiuocation therein The Scripture speaketh of a priesthood after the order of A●ron after whiche order you will not confesse the Apostles and the Bishoppes their successours to be Priestes an other kinde of Priesthoode is after the order of Melchisedech and Christe onely without any successour in y ● Priesthood was the alone Priest of that order The thirde kinde is an holy and princely Priesthood of the which order not onely the Apostles and their true successours but also Kinges Quéenes Princes al manner of faithfull Christians are Priestes There is in cōmon opinion amongst the Papistes a fourth kinde which is a massinge sacrificing priesthood after which order Christes Apostles the true mynisters of his Church were neuer priests for y e order belongeth onely to y e Apostolical Clergy of y e Romishe Antichrist Yf your meaning therfore be y e Christ left any kinde of gouernment or rule of his Churche to Bishops Priestes after this popishe order your opinion is hereticall your assertion vtterly false Therfore where I shall afterwardes in my speaking cal the mynisters of Christes Churche Priestes I geue you to vnderstande y t I doo therin but follow y e vsuall accustomed kinde of speache which is impropre although in longe vse Likewise to gouerne and rule the Church of God is of twoo kindes sortes the one is by y ● supreme authority power of the swoorde to guide care prouide direct ayde Gods Church to further mainteine setfoorth the true Religion vnitie quietnes of Goddes Churche to ouersée visit refourme restraine amende correct all manner persones with all manner errours superstitions heresies schismes abuses offences contēptes enormities in or about Gods Churche Which gouernment rule apperteineth onely to Kinges Quéenes and Princes and not to the Apostles Bishops and Priestes wherof S. Paule speaketh nothinge at al in this sentence by you alledged to the Bishops of Ephesus The other sorte is to féede the flocke of Christ with the Spirituall foode of Goddes woorde which is the onely rule and gouernment that belongeth to the Apostles Bishops Mynisters of Christes Churche of none other manner rule speaketh S. Paule to the Bishops of Ephesus which he maketh most plaine both by y t expresse woordes of y e sentence auouched also by the whole circumstaunce of the same place The woorde y e S. Paule vseth doth proprely signifie to féede as the sheapeherde féedeth his shéepe by a figuratiue speach to guide gouerne or rule therefore if you would haue dealt plainly and haue vttered S. Paules meaning according to his propre speache where you say To gouerne and rule doubling the woordes as it were to amplifie the matter that the truth might lesse appeare you ought to haue saide to feede the Churche of God for that is the Apostles propre saying so the olde translatour of Chrysostome doth translate it vpon the Epistle to y e Ephesians also expoūding this same
of euery forraine Prince and Prelate state or Potentate This is the proposition of that part of the othe to the whiche adioyne this proposition all true subiectes ought and must beleaue an holy catholique Churche of Christe the communion of Sainctes Espy nowe what opposition is betwixt these two propositiōs y ● they may not both matche together and be verified in one true and faithful subiecte The one say you is directly against the other Then saye I there is a direct opposition repugnancy betwixt them by due examination we shall finde out the oppositiō Trie the partes of these propositions seuerally without the verbe that coupleth them together and you shall not find any opposition either contrary relatiue priuatiue or disparate ioyne them together with the verbe that coupleth being propositions they are not one against the other contrary subcontrary subalterne nor contradictory and therfore vntruly no lesse vnskilfully babled of you that the one is directly against the other when a yong scholer that hath red but the rudimentes of his Logike could haue séen iudged that there is in them no opposition or repugnancy at all To renounce and forsake Antechrist his Churche by othe or otherwise and to beleue in Christe and rightfully to acknowledge his holy catholique Churche by all maner of wayes stādeth neither directly nor indirectly one against the other but are matched together agreeth iumpe one with the other Surely your eies were not matches neither were your wittes at home whan you spied cut this repugnancy if you had not published this learned piece of worke your friendes should neuer haue knowē what an huge heape of conning knowledge is hidden in that litle head of yours The demaunde in your issue is easely proued by the description or definition of Christes true Catholique Churche The catholique Churche of Christe is a multitude societie and communion of Sainctes and faithfull ones that haue been shalbe and are nowe on liue in the earth how and wheresoeuer they be deuided and dispersed in time and place the whiche multitude of Sainctes haue a participation in common amongst them selues of all good thinges geuen graunted and growing from God through Christ of spirite faith Sacramentes prayer remission of sinnes and heauenly blisse and are vnited to Christ their head by faith and fastened togeather amongest them selues as members of one body with the bond of loue To this catholike church euery Christiā man is bounde to bee subiecte and obedient as a member ought and may be subiect and obedient to the body And we doo teache and confesse in this Churche suche an attonemēt participation and communion among all the members in doctrine faith Religion and Sacramēts that neither this nor any other Realme may lawfully dissent from this Churche or renounce and refuse to haue communion therewith as God be praised we of this Realme doo nowe shewe our selues by al Christian meanes neuer more at any time to agree and consent in the vnitie of this catholike Churche in necessary doctrine right faith true Religion and the right vse of Christes Sacramentes The foule lies that you heape together wherewith shamefully to defoyle your owne neast and natiue countrey neadeth none other confutation than onely to make them playne to be seen and iudged of all men that the Realme may be sory that euer it nestled so vnnatural and filthy a byrde and your friendes ashamed of so malicious and impudent a L●ar This is a lewde Lie that this Realme dissenteth from the catholike Church in the forenamed pointes This is a shameful Lie that by corporal othe or any other wayes we renounce and refuse to haue communion with the catholike Churche of Christe And this is a monsterous Lye that the catholike Churche is a foraine authoritie and power out of this Realme Who was euer so madde as ones to thinke or so doltishe as to speake any thing against the catholike Churche but specially to forsake it and that bicause it is a foraine power and authoritie The Othe maketh no mention in any one woorde of the Catholique Churche it speaketh of a foraigne Prince Prelate and Potentate and so of the foraigne Power and Authoritie of suche a foraigne state Wherevpon M. Fekenham concludeth as it were by Reuelation in a Monkishe dreame without rime or reason that therfore the catholike Church is forsaken as though there were no difference betwixt a foreine Prince or prelate and the Catholique Churche or that the Catholique Churche might be called a foreine Power or a forine authoritie to a Christian Realme This is suche a newe kinde of Diuinitie as was neuer hearde or redde of in any writer no not in the Legende of Golden Lyes M. Fekenham The fourth and laste pointe is that I must svveare to the obseruation of this Othe not onely to the Queenes highnes and our soueraigne Lady that novv is but also vnto her heyers and successours Kinges and Queenes of this Realme And bicause euery Christian man ought to be carefull to auoide periury therein I vvoulde right gladly knovve that if any her highnes successours shoulde by the refusall of the saide title of supremacy binde her subiectes by the like statute lavve vnto the cleane contrary experience vvhereof vvas of late made here in this Realme that it is yet freshe in the memories of al men In this case I vvoulde right gladly knovve vvhat authoritie is hable to dispence againe vvith this Othe And if there be none at all then the subiectes of this Realme in this case are bounde and that by booke Othe to liue in a continuall disobedience to the Lavves of their soueraigne Lorde or Lady Kinge or Queene the case vvherof is very Lamētable And Christian charitie vvoulde that it should be foreseene and prouided for And for mine ovvne pa●te being further touched herein than I haue yet expressed my very trust and hope is that the charity of this our nevv refourmed church here in this realme shal not be foūde so colde and short as in prouiding so sharpe lavves ●nd paines of death to force men to take this Othe of the Q. Highnes Supremacie but that it vvil prouide also such meanes and vvaies vvhereby the subiectes may receiue the same vvith salfe conscience and vvithout all per●ury And in so doynge I shall moste vvillingly submitte my selfe and receiue also that parte of the Othe And shall further thereupon set foorth the Q. Highnesse Supremacy vvith all Titles and Praeroga●iues bothe by penne and vvoorde of mouth and that vvith as desirous harte and glad vvil as any subiect that is this day liuinge in hir highnesse Realme So that of the premises ye may vvell vnderstande that there is in me no other cause of sta●e touchinge the later parte of this Othe then very Conscience And that I vvoulde before right gladly knovve touching these forenamed pointes hovve I mighte svveare vnto them and not committee periury therein The B. of Wynchester As euery Christian
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
had no Christiā Prince or Magistrate Constantinus as I haue saide was not the first Christian king But he was the very first Emperour as your owne writers doo witnesse that gaue Bishoppes authoritie to iudge and exercise iurisdictiō ouer their Clergie and that gaue to the Bishop of Rome power and authoritie ouer other Bishoppes as Iudges haue the king ouer them and that gaue to him power and iurisdiction ouer all other Churches if that Donacon be not forged whiche Gratian citeth And Petrus Bertrandus a Bishop a Cardinal and one of your best learned in the Canon and Ciuill lawes in his treatise De origine iurisdictionum affirmeth that Theodosius and Carolus Magnus did graunte vnto the Churche all iudgementes For the proufe whereof he auoucheth diuerse decrées and addeth That such graūtes were afterwardes abrogated M. Fekenham At the first councel holden at Hierusalem for the reformation of the controuersy that vvas than at Antioche touchinge Circumcisiō and the obseruation of Moses Lavve decree vvas made there by the Apostles and Priestes vnto the beleuers at Antioche that they shoulde absteine from these fovvre chiefe and necessary thinges viz ab immolatis simulachrorum à sanguine suffocato à fornicatione à quib custodientes vos bene agetis The vvhiche first councell vvas there assembled by the Apostles of Christ The Decrees and Lavves vvere made there by them The controuersy at Antioche vvas by them reformed ordered and corrected vvithout all commission of any temporal Magistrate King or Prince The B. of Wynchester God be thanked that S. Luke maketh to vs a sufficient report of this councell who maketh no mencion of any Priest there present as you vntruely report onles ye will thinke he meant the order of Priestes whan he named the faction of the Pharisées Whether the Apostles called this councell or not or that the Congregation being assembled together in their ordinary sort for praier preaching and breaking of bread Paulus and Barnabas with the others sent to Hierusalem did declare the cause of their message before the whole Churche which is more likely I will not determine bicause S. Luke maketh no mention thereof But if it be true that ye affirme that the Apostles called or assembled this Councell Then was it not the authoritie or Acte of one Apostle alone Besides this if the Apostles called this councell they called they Layte so wel as the Clergie to the councell yea as may séeme probable mo of the Laytie than of the Clergie The decrées were not made by the Apostles alone as you falsely feyne For S. Luke saith the decrée was made by the Apostles Elders and the whole Congregation The Apostles I graunt as was moste conuenient with the Elders had the debating arguing and discussing of the question in cōtrouersie They declared out of the holy Scriptures what was the truthe And I doubt not but they declared to the Church what they thought most conueniēt to be determined But the determination and decrée was by the common consent both of the Apostles Elders and people Therfore this controuersy was reformed ordered and corrected not by the authoritie of the Apostles alone without the Elders neither they togeaher did it without the assent of the Churche and so this allegation maketh no deale for your purpose but rather cleane against it M. Fekenham The Apostles also hearinge at Hierusalem that Samaria had reciued the vvoorde of God they did sende Peter and Iohn to visite them to confirme them in faythe and that they might receiue the holy ghost by the imposition of their hands Paule and Barnabas did agree betvvixt them selues to visite al those Cities and bretheren vvhiche they had conuerted to the faithe The vvoordes of the Scripture are these Dixit ad Barnabam Paulus reuertentes visitemus fratres per vniuersas Ciuitates in quibus praedicauimus verbum Domini quomodo se habeant In the vvhiche visitation the Apostle Paule Electo Sila per ambulabat Siriam Cil●●iam confirmans Ecclesias praecipiens custodire praecepta Apostolorum seniorum By the vvhiche vvoordes it right vvell appeareth hovve the Apostles and Priestes at Hierusalem ouer and besides the Ghospell vvhiche they taught they did make certeine Decrees Lavves and ordinaunces the vvhiche the Apostle Paule in his visitation gaue commaundement to the Syrians and Silicians to obserue and keepe VVhat Lavves and orders did the Apostle make and appoint vnto the Corinthiās that men should neither praie nor preache in the Churche vvith their heades couered VVhat reformation and order did he make and appoint vnto them for the more honourable receiuing of the Sacrament and that partly by vvriting and partly by vvoorde of mouthe saying Caetera cum Venero disponam and in his seconde Epistle to the Thessalonians he saith Fratres state tenete traditiones quas didicistis siue per fermonem siue per Epistolam nostram VVhat orders and Decrees did the Apostle Paule make touching praiyng and preaching vnto the people in tongues vnknovven and that al vvomen should keepe silence in the Churche and Congregation These and many suche other like Lavves orders and Decrees vvere made for the reformation of the people in the Churche of Christ by Christes Apostles by Bishops and priestes as the successours of them and that vvithout all commission of any Temporal Magistrate Emperour King or Prince Constantinus being the first Christian Emperour like as I haue saide The B. of Wynchester Your whole drifte in this parte is to proue that Bishoppes and Priestes may visite geue the holy Ghoste by the imposition of their handes and make lawes orders and decrees to their flockes and cures Your proufe consisteth in the example of the Apostles and this is your argument The Apostles visited gaue the holy Ghost and made Lawes orders and decrees vnto their flockes and cures Ergo Bishoppes and Priestes haue authoritie and may make Lawes visit geue the holy ghost to their flockes and cures The insufficiency of this consequent doth easely appeare to those that doo consider the state and condicion of the Apostleship and compare therwith the office of a Bishop or Priest The Apostles did might and could doo many thinges that Bishoppes and Priestes neither may nor can doo The matter is more plaine than that needeth any proufe But as the sequele faileth in forme so let vs consider the matter wherupon ye grounde the sequele that your friendes may see what foule shiftes ye are driuen to make for the maintenaunce of an vniust claime That the Apostles did visite their cures and flockes you proue by two places of the Actes in the first place ye feine the Scriptures to saie that it sayeth not for in the eight of the Actes there is no mencion made of any visitation the other place speaketh only of a Scripturely visitation and nothing at al of your Forinsecall or Canon Lawe visitation The Canon Lawes visitatiō is to be exercised by a great nomber of such persons
Magistrates were as yet vnfaithfull and proueth that the Iurisdiction of the Churche was geuen of Christe to remaine till his seconde comminge and belongeth onely to the Churche and not to the Prince Bishoppe or Priest without speciall commission from the Church The which Ecclesiasticall Iurisdiction I comprehended vnder the firste kinde of Cohibytiue Iurisdiction You doo M. Caluin not double but quadruple yée muche more wronge about the citinge of his sentence for as yée haue vntruely reported the circumstaunce of his sentence so haue you hackte from the beginninge thereof one materiall woorde parte of it you haue obscurely translated the other parte falsely and by altering his woordes and sense yée haue belied him slaundered the auncient Bishops and haue auouched M. Caluin if those were his woordes and meaning which you in your translation father vppon him directly against your selfe which you meant not for yée thought as I suppose you had so cunningly handeled him y t he should haue serued your turne If this your euil dealing with M. Caluin procéeded of ignoraunce for y ● his Latine was to fine for your grosse vnderstanding yée are somewhat to be borne withall but if you haue thus dealt of purpose than your malice is ouer great and yée shewe your selfe shameles to deale so vnhonestly that in the sight of all men After y t M. Caluin hath proued that our sauiour Christ gaue the discipline of excōmunication vnto the Church to be exercised continually by y e same to y e censure wherof al estates ought to submitte them selues for if he be an Emperour he is within or vnder not aboue the Church He concludeth with this sentence Quare illi qui vt Magistratū ornent c. VVherefore they whiche to adorne the Magistrate doo spoyle the Church of this power to exercise y e discipline of excōmunicatiō doo not onely corrupt Christes sentence with a false interpretation but doo also not lightly condemne all the holy Bishoppes whiche were so many from the Apostles time for so muche as they all the holy Bishoppes haue vsurped to them selues the honour and office of the ciuill Magistrate vnder a false pretense or coullour The first woorde of the sentence which knitteth the same as a conclusion to that that goeth before yée haue left out How darkely yée haue translated the first parte of the periode may appeare by conferēce of your translation with the Authours woordes The last part ye haue falsely translated tourninge the Coniunction into a Pronoume relatiue and translatinge this woorde Magistratus whereby Caluine meaneth the ciuill Magistrate by these woordes spirituall gouernement and so haue cleane altered bothe the woordes and sence of M. Caluine and yet shame not to belie him saying Iohn Caluin saithe whiche he saith not But it is M. Feckenham that saith and so belieth Caluin and slaundereth the auncient Bishoppes as though they for to them this they hath relacion had taken vpon them the office of the Magistrate as they had done in déede if all manner correction iudgement had belonged to the Magistrate and none at al to the Churche by whose commission they exercised this iurisdiction Yf this were M. Caluines saying as ye translate him that they all the holy Bishoppes from the Apostles time haue vsurped and taken vpon them the honour office of Spirituall gouernement by a false pretext and title made thereof than haue you alledged M. Caluin against your selfe for this sentēce if it were true ouerthroweth your purpose nothing more And againe Iohn Caluin writing vppon Amos the Prophet is by you alledged to as little purpose For be it that they whiche attributed to King Henry of famous memory so muche authority whiche greeued Caluin were men not well aduised in so dooinge and that they were blasphemours that called him the supreme head of the Churche yée know who they were that first gaue to him that title and authoritie yet your conclusion followeth not hereof Therfore Bishops and Priestes haue authoritie to make Lawes orders and decrees c. to their flockes and cures no more than of his former saiyng Christ gaue to his Churche this authoritie to excommunicate to binde and to lowse Therfore Bishops Priests may make Lawes orders and decrees to their flockes and cures M. Fekenham Hosius Episcopus Cordubensis qui Synodo Nicence primae interfuit Sic habet sicut testatur D. Athanasius aduersus Constantium Imp. Si istud est iudicium Episcoporum quid commune cum eo habet Imperator Sin contra ista minis Caesaris conflantur quid opus est hominibus titulo Episcopis Quando à condito aeuo auditum quando iudicium Ecclesiae authoritatem suam ab Imperatore accepit aut quando vnquā pro iudicio agnitum Plurimae ante hac Synodi fuerunt multa iudicia Ecclesiae habita sunt Sed neque patres istiusmod●res principi persuadere conati sunt nec princeps se in rebus Ecclesiasticis curiosum praebuitnune autem nouum quoddam spectaculum ab Ariana heresi editur cōuenerunt enim Haeretici Constantius Imperator vt ille quidem sub praetextu Episcoporum sua potestate aduersos cos quos vult vtatur The B. of Wynchester As it is very true that Hosius Bishoppe of Corduba in Spaine was in the first councell of Nice so is it as vntrue that these be his woordes which you haue cited in his name for they be the saiynges of Athanasius and not of Hosius Wherein ye haue done Athanasius thréefolde wronge first to attribute his writinges to an other then also to cause him therein to beare false witnesse against him self and thirdly in that ye haue left out the first woorde of his sentence whiche is a materiall woorde and bringeth in this his saiyng as a reason of that whiche goeth before Athanasius ●●ndeth him selfe gréeued that both he and many other Godly Bishops for the truthe it selfe suffered much crueltie and were wrongfully condemned not according to the order of the Ecclesiasticall iudgement but by the cruell threathes of the Emperour Constantius beinge an Arian and a fierce mainteinour of the Arianisme Who notwithstanding subtilly couered his vngodly dealinge vnder the pretence of a iudgement or sentence past by Bishops in Synode or conuocation whiche he called Episcopale iudicium a Bisshoply iudgement But saith Athanasius Constantius can not so hide him selfe seeing that there is at hand that can plainly bewray his wilines for if this be the iudgement of Bisshoppes what hath the Emperour to doo therewith But if on the contrary side these things be brought to passe through Caesars threates what neadeth men that haue but the name of Bisshoppes c. There are two thinges necessarily to be considered for to vnderstande rightly the true meaning of Athanasius in this place by you alledged first what was required to that whiche he calleth the iudgement belonging to Bishoppes or the Bishoply iudgement Than what was the dooinges of Constantius pretending a iudgement
do any thinge not so muche as toll a bell to seruice or sweepe the Church but onely the Bishop must dooe all alone Whiche conclusion some of your complices would so litle allowe as those whom yee would ouerburden and yee your selfe might go play you as one that had naught to doo in any thinge perteining to the Churche But to helpe the matter and to make Ignatius woordes plaine without absurditie you must take with you the residue of the sentence that followeth which yee leaue out of The Sacrament of Thankesgeuinge and Celebratinge the Diuine Seruice and then it shall easily appeare that Ignatius talketh of suche dooinges of a Bishop as in déede declare his function office yet furthereth no whit the Conclusion of your obiection So that your Conclusion beynge yet as insufficient as the rest you are faine to adioyne an other péece thereunto Wherein although yee shewe howe euill a ioygner you bee to adioygne those two péeces of sentences togeather in one Conclusion that are of cleane sundry matters yet in one poynte yee haue made them bothe agree that as yee wrested the one so ye not onely wrest but flatly falsifie the other and yet neither of them bothe stande you in any steade to helpe your obiection muche lesse to conclude the same For fyrst how dooth this followe S. Augustine saith say you of the Doctours of the Churche That they beleeue I beleeue that they holde I holde that they teache I teache that they preache I preache yeelde to them and thou shalte yelde to me Ergo Bishoppes and Priestes haue power and authoritie to make lawes orders and Decrees and to vse all cohibitiue iurisdiction ouer their flockes and cures Nowe if your freendes that haue beleeued hitherto as you beleeue haue helde as you holde taught as you teache preache as you preache and beleeuinge the vpright dealinge and conscience that you pretende haue yelded vnto you herein do but a litle examine your false dealing with those Fathers whom you would seeme so wholy to folowe I thinke they woulde no longer beleeue you holde with you nor yelde vnto you but suspecte you as a deepe dissembler or rather abhorre you as an open sclaunderer and belyer not onely of me but of the auncient Fathers them selues For firste I woulde learne of you where S. Augustine hath those woordes in all his sixe bookes against Iulian Istis cede mihi cedes if he haue them shewe where if he haue them not then howe dooe ye followe S. Augustine Howe dare you impudently saye ye preache and teache that he did when ye manifestly mangle alter peruert and corrupt the saiynge that he did teache In deede for fashions sake ye cite a péece of S. Augustines sentence that they beleue I beleeue c. but for that which followeth istis cede me non caedes yelde to them and thou shalt not strike or whippe me you haue put in these woordes istis cede mihi cedes yelde to them and thou shalt yelde to me and yet this corrupting of the sentence maketh it serue no whit the more for your purpose but vttereth your falshood that belike will not spare to corrupt that whiche maketh flat against you that thus vse to corrupt this which maketh neither to nor fro with you nor against me But as S. Augustine writinge in y e same matter against Iulian a Disciple of Pelagius an Englishe Monke dealing with S. Augustine as ye haue doon with me saide to Iulian so saye I to you Ye feine me to saie that I saie not to conclude that I conclude not to graunte that I graunte not and you conclude to your selfe that whiche I denie c. In deede you haue laboured more to finde out those reasons whiche ye might better vtter against your selfe than against me But in suche a cause ye should not neede to take suche peines if you had any shame in you S. Augustine in these bookes against Iulian as in his other against the Donatistes as I haue declared before did attribute vnto the Emperours and Princes the Bishoppes and Priestes suche Ecclesiasticall Iurisdiction as I haue doone Of the same mynde that hee was herein were also these fathers that he cyteth Wherefore you wyll nowe I truste accordinge to your promyse yelde and relente If not to me for stubborne harte yeat accordynge to your conclusion to S. Augustine and the auncient Fathers to beleeue herein that they beleeue to holde that they holde to teache that they teache to Preache that they preache and no moare to wrynge mayhem slaunder and belye them And than bothe I and all other faithful Christians wil both better beleeue you and geue God thankes for you M. Fekenham After longe expectation and many promises his L. final ansvveare to the saide obiections vvas as hereafter folovveth For as muche as I doo perceiue that you are not to be resolued in this matter I shall here staie and proceede no further vvith you in the same and like as you haue bene so you shalbe vnto me most hartely vvelcome You shall lacke nothinge that is in my house to pleasure you And from hencefoorth I shal leaue to haue any further talke or conferēce vvith you in these controuersies of Religion And for all suche talke and vvrytinge as hath passed already bitvveene vs I shall perfourme this my promise bothe firste and last made vnto you that you shalbe vvel assured not to suffer any hurte or damage therby The B. of Wynchester You deliuered this obiection vnto me in writinge betwixte Easter and Whitsontide about the ende of April within two daies folowinge when I had redde the same I tould you that in the collection of your common places you were muche abused for that you had mistaken them and obserued no iuste circumstances of the authorities whereby to haue knowen the authours meaninge And so wée continued in debatinge and reasoninge from time to time about this matter of Iurisdiction and others vntill the beginning of September folowinge before which time your obstinacy grewe so muche that I was forced through your vnorderly behauiour to restreigne you of your licentious talke and sequester you from conference with any hauinge so muche before abused your selfe and especially in mine absence and I was the rather moued so to doo for that I perceiued all that I did was but in vaine as at diuerse times and often I repeated that vnto you obstinately bente to the contrary meaninge by suche stoutenesse to recouer your credite which through your inconstancie was so empaired amongest your friendes I saide at your firste comminge and many times after you beynge sente by the Honourable Councell that you were welcome whiche by good proufe although vtterly without any your good deserte yée founde true I did say that I woulde leaue to haue any further talke or conference with you touchinge matters of Religion or any other but you shoulde haue shewed the time and place where and when
4 cap. 5. 6. 7. Princes by Synodes do ordeine and condemne Byshops Theod. li. 5 cap. 20. Li. 5. c. 23. 24 Sozom. li. 7 cap. 6. 7. 8. Socr. lib. 5. cap. 10. Lib. 5. ca. 27 Luthprand Dist 79. ● ▪ duo Gratian. dist 63. Socr. lib. 7. cap. 29. Liberat. cap. 4. Nicep li. 14 cap. 34. 35. Liberat. cap. 6. Liberat. cap. 8. Liberat. cap. 11. Niceph. li. 14. cap. 47. Liberat. cap. 12. Nicep li. 15 cap. 1. 2. Leo. ep 44. Act. 7. In Epist praeamb Act. 1. Act. 2. Act. 3. 630. bishops confesse the Princes supremacie in Ecclesiasticall causes Act. 4. Act. 5. Act. 6. Act. 11. Cap. 14. Libe ca. 15. Cap. 16. Lib. ca. 18. The princes supremacie in al causes Act. 1. Cap. 19. Platina Sabell A princes charge A bishops iurisdictiō Platina Mar. Poeni The Pope is the kinges Ambassadour The Popes hūble sute to the Emperour for the Arian heretiques Valateran● Sabell Sabell Cap. 20. Cap. 23. Ibid. Cap. 24. Sabellicus Euag. li. 4. Cap. 38. Niceph. li. 17. Cap. 27. The Emperour commaundeth the Pope to come to the Synode The prince the highest potentate next to god in al causes God reserueth to the prince the fulnes of direction in Ecclesi causes Nothinge may be don in Churche matters without the princes authorite Cod. lib. 1. tit 17. Nouell const 3. The Emperours Ecclesiasticall lawes Const 5. Const 6. Const 57. Const 58. Const 133. The Prince hath supreme gouernment ouer al persones in all māner causes August Epist 48. Bracha 1. 2. Brach. 3. Tol. 3. The duetifull care of a Prince aboute Religion A princes special care for his subiectes Li. Epist 7. Epist 126. the Pope at that time commended the Princes gouernmēt in causes Ecclesiast The prince calleth coūcels and gouerneth Ecclesiasticall causes with out any doinge of the Pope therin Sabell Plat. Paul Diac. Volater Naucler Martinus Sabel Tol. 4. Tol. 5. Tol. 6. Tol. 7. Tol. 8. Tol. 9. Tol. 10. Dist 631. cap. 21. Pontificall Dist 63. Const 6. The Bisshop of Rome at the Emperours commaundemēt in Eccl. matters Act. 1. Act. 2. Act. 3. Act. 4. The prince is Christes Vic●r in earth in causes Ecclesiasticall by the Popes confession Act. 5. Act. 7. Act. 11. Act. 12. Act. 13. Wherein cōsisteth the office of bishoppes The princes most acceptable seruice to god Esa 49. Psalm 98. The Pope accursed for Heresie by the sentēce of the Emperour the Synode and the Bishop of Rome Tol. 11 Tol. 12. Tol. 13. Zonoras Tom. 3. Synod Francica Nauclerus Dist 63. Can. 6. Can. 25. Can. 45. The Prince is the gouernour of the Church appointed of God in Ecclesiasticall causes Sabell Sabell Platina Sabell Ioan. Auētinus 1. Paral. 16. Alcuinus The prince hath a priestlie power to set forth gods word Dist 63. Dist 63. Platina Sabel Naucleru● Dist 65. Sabell Platina Apoc. 9. Sabellicus Platina Naucler Luithprād Platina Dist 63. Nauclerus Abb. Vrsp Platina Nauclerus Sabellicus ▪ Sabell Platina Abb. Vrsp Sabellicus Platina ▪ Sabel Nauclerus Auentinus Nauclerus Nauclerus Otto Frisingen Nauclerus Nauclerus Vrspurg Nauclerus Sabellicus Vrspurg Platina Nauclerus ▪ Platina ▪ Vrspurg In Prouer. Sileni Alcibiadi● Otto Frisingensis Of the dooinges of the kinges of this Realme in Eccl. maters before the Cōquest loke in the boke De potestate Regia set out by the Prelates 26. Hen. 8. * Polychron Polic. Fab. Polyc. Fabyan Polychr Fab. Polychr Fabyan Polychr Eabyan Math. Par. Fabyan Fabyan Simeō Dunelmensis Hen. Huntingtonus Roge. Houedenus Mat. Paris Mat. vvestmonast Polydorus Polyd. Naucler Abb. Vrsp Mat. Paris Polych Mat. Paris Fabyan Fabyan Nauclerus Polych Fabyan Fabyan Antoninꝰ Auētinus Nouell cōst Polyd. Fabyan ▪ Mat. Paris ▪ Antoninꝰ ▪ Appēd Math Paris Fabyan Appēd Math Paris Nauclerus Platina Polych Eabyan Polyd. Paul Aem. Anton. Naucler Blond Aemylius Nauclerus Platina Nauclerus Antoninꝰ Sabell Nauclerus Sabellicus Aemyl Append. Vrspurg Antoninꝰ Nauclerus Antoninꝰ Aemyl Paral. Vrsp Nauclerus Antoninu● Marius Paral. Vrsp Nauclerus Nauclerus Paral. Vrsp Nauclerus Aemylius Pet. Bertrā Aemylius Paral. Vrsp Fabyan Caxton Polyd. Nauclerus Nauclerus Paral. Vrsp Naucler Polyd. De schis li. 3. cap. 73 Pius Pap. 2. Platina Sabel Platina Volater Orth. Grat. Nauclerus Nauclerus Nauclerus Orth. Grat. Orth. Gra. Paral. Vrsp Epist 54. ad Cācel Imp. Li. 3. ca. 13. Paral. Vrsp Orth. Gr● Cons 1●1 23. q. 5. * Ther is diuers reedinges Imperet or Impetret The Princes shal geue an accōpt to God for the Church and the discipline thereof In form libell quo agitur ex subst in verbo ex suo corpore In form respōs con ad verb. tāq̄ publ ex com n. 10. In repetit lect de Christ Ciuitatis Aristocra●ia ●● q. ● The king is to be obeied in Ecclesiastical causes and not the Pope L. Quicunque De Epis Cler. The Pope an heretike compelled to recāte before the Frenche kinge Braughtō lib. 1. cap. de Papa Archiepiscopis alijs praelatis The secōde pointe Constātine the firste Emperour that did ioigne his svvoorde to the maintenance of God his vvoorde Act. 20. Nicep li. 2. Li. 1. ca. 13. Li. 6. ca. 34. Lib. 1. De vit Const Lib. 2. Epist 50. Psalm 2. Psalm 71. Hebr. 7. Cap. 4. Act. 24. Ioan. 21. Math. 24. Ioan. 20. Math. 28. Heb. 13 ▪ 1. Cor. 14. Gene 3. The thirde pointe 1. Thess 5. Clemens in compēd defide The diffinâtion of the catholique Churche The fourth pointe Iob. 8. Act. 20. Ioan. 20. Math. 16. Act. 8. Heb. 13. Ezech. Ioan. Antonius Delph lib. 2. Act. 8. Exod. 24. Exod. 29. Num. 27. Hebr. 10. Lyra. Act. 20. Lib. 1. Hist Trip. ca. 9. Nicep li. 7 cap. 46. Dist 86. Act. 15. Act. 8. Act. 15. 1. Cor. 11. 1. Cor. 13. Mar. Soci Mar. Soci Li. 50. Tit. 4. De muner honor Act. ● Li 10. Hist Eccl. ca. 2. Lib. 7. Hist-Trip ca. 12. Theod. lib. hist 5. Eccl. cap. 18. Nicep li. 8. cap. 14. Soz. lib. 1. cap. 17. Li. 2. to 2. her 68. Lib. 1. ca. 1. Lib. 1. ca. 2. Lib. 8. ca. 16 Euseb li. 3. De vit Con. Soz. li. 1 c. 4 Lib. 6. ca. 7. Lib. 4. ca. 2. Lib. 11. ca. 3. Theod. li. 5 ▪ cap. 1● Cal. Inst ▪ cap. ● ▪ Cal. in 7. cap. Amos proph A thanas in Epist ad solitar vit agentes Ad Valent. Epist 32. 〈…〉 Lib. 2. ca. 15. Hier. 1. Greg. Nazian de Hier. dict oratione 18 ad subditos timore per culsos Imperatorē irascentem Ezech. 34. Chrysost hom 5. de verb. Esa Ign. Epist 7. ad Smyrnens Ioan. 10. Lib. 3. Lib. 5.
and vsed in the same sort his princely authoritie in refourming all abuses in all maner causes ecclesiastical These godly kynges claymed and toke vpon theim the supreme gouernement ouer the ecclesiasticall persons of al degrees and did rule gouerne and direct them in all their functions and in all maner causes belonging to Religion and receyued this witnes of their doinges to wyt that they did acceptable seruice and nothing but that whiche was ryght in Gods sight Therfore it foloweth well by good consequent that Kynges or Queenes may clayme and take vpon them suche gouernement in thynges or causes ecclesiasticall For that is ryght sayth the holy ghost they should than do wrong if they did it not You suppose that ye haue escaped the force of all these and such lyke godly kynges which do marueilously shake your holde and that they may not bee alledged against you neither any testimony out of the olde testament for that ye haue restreignes the proufe for your cōtentation to suche order of gouernement as Christ hath assigned in the Ghospell to be in the tyme of the newe Testament wherin you haue sought a subtyle shift For whyles ye seeke to cloke your errour vnder the shadowe of Christes Ghospel you bewray your secrete heresies turnyng your selfe naked to be seen of all men and your cause notwithstandyng left in the state it was before nothyng holpen by this your poore shift of restreynt So that where your friendes toke you before but only for a Papist now haue you shewed your selfe to them playnly herein to be a Donatist also When the Donatistes troubled the peace of Christes catholique Churche and deuided them selues frō the vnitie thereof as now you do The godly fathers trauailed to confute their heresies by the Scriptures both of the olde and newe Testament and also craued ayde and assistaunce of the Magistrates and Rulers to refourme them to reduce them to the vnitie of the Churche to represse their heresies with their authoritie godly lawes made for that purpose to whome it belonged of dutie and whose especial seruice to Christe is to see care and prouyde that their subiectes be gouerned defended mainteined in the true and sincere Religion of Christ without all errours superstitions and heresies as S. Augustine proueth at large in his epistle against Vincentius a Rogatiste in his epistle to Bonifacins and in his bookes against Petilian and Gaudentius letters Against this catholique doctrine your auncestours the Donatistes aryse vp and desende them selues with this colour or pretence that they be of the catholique fayth and that their churche is the catholique church Which shifte for their defence against Gods truthe the Popishe sectaries do vse in this our tyme being no more of the one or of the other than were the Donatistes and suche lyke of whom they learned to couer their horrible heresies vnder the same fayre cloke that the seculer Princes haue not to medle in matters of Religion or causes ecclesiasticall That God committed not the teaching of his people to kynges but to Prophetes Christe sent not souldiours but fishers to bring in and further his Religion that there is no example of such ordre founde in the Gospel or new Testamēt wherby it may appeare that to secular Princes it belongeth to haue care in matters of Religion And that as it semeth by that S. Augustine by preuention obiecteth against them they subtilly refused all proufes or examples auouched out of the olde Testament as ye craftely do also in bynding me onely to the new Testament which S. Augustine calleth an odious and wicked guyle of the Donatistes Let your friendes nowe whom ye wil seeme to please so muche when you beguyle them moste of all weigh with aduisement what was the erronious opinion thouching the authoritie of Princes in causes ecclesiasticall of the Donatistes as it is here rightly gathered forth of S. Augustine and let them consider wysely these foule shiftes they make for their defence And then compare your opinion and guylefull defences thereof to theirs and they must needds clappe you on the backe say to you Patrisas ▪ if there be any vpright iudgement in them demyng you so lyke your great grandsier Donatus as though he had spit you out of his owne mouth But for that S. Augustines iudgement and myne in this controuesie is alone as your opinion herein differeth nothyng at all from the Donatistes I wyll vse no other confirmation of my proufes alledged forth of the olde Testament for the reproufe of your guylful restraint thē Christes catholique Church vttered by that catholique Doctour S. Augustin against al the sectes of Donatistes whether they be Gaudentians Petilians Rogatistes Papistes or any other petit sectes sprong out of his loynes what name so euer they haue S. Augustine against Gaudentius his second epistle affirmeth saiyng I haue saith he already heretofore made it manifest that it apperteined to the kinges charge that the Niniuites should pacifie Goddes wrath whiche the Prophet had denounced vnto them The kinges whiche are of Christes Churche doo iudge moste rightly that it apperteineth vnto their cure that you Donatistes rebell not without punishement against the same c. God dooth inspire into kinges that they shoulde procure the commaundement of their Lorde to be perfourmed or kept in their kingdome For they to whom it is said and now ye kinges vnderstande be ye learned ye Iudges of the earth ferue the Lorde in feare doo perceiue that their authoritie ought so to serue the Lorde that suche as will not obey his will shuld be punished of that authoritie c. Yea saith y e same S. Aug. Let the kings of the earth serue Christ euē in making lawes for Christ meaning for the furtherance of Christes religiō How then doth kinges saith S. Aug. to Bonifacius against y e Donatistes serue the lord with reuerēce but in forbidding and punishing with a religious seueritie such thinges as are done against the Lordes cōmaundemētes For a king serueth one way in that he is a man an other way in respect that he is a king Bicause in respect that he is but ● man he serueth the Lorde in liuing faithfully but in that he is also a kinge he serueth in makinge Lawes of conuenient force to commaunde iust thinges and to forbidde the contrary c. In this therfore kinges serue the Lorde when they doo those thinges to serue him which they could not doo were they not kinges c. But after that this began to be fulfilled which is written and all the kinges of the earth shall worship him all the Nations shall serue him what man being in his right wittes may say to kinges Care not you in your kingdomes who defendeth or oppugneth the Churche of your Lorde Let it not apperteine or be any part of your care who is religious in your kingdome or a wicked deprauer of Religion This was the iudgement of S.