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 coÌ„maunde 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 senteÌ„ce 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 fasâ—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
that dooth euill interpreting the mynd of the Apostle to bee that the authoritie and power of Prynces hath to deale in Ecclesiasticall causes so well as in Temporall And therefore sayth to Gaudentius and to you all Blotte out these saiynges of S. Paule 13. Rom. if you can or if you cannot then set naught by them as ye doo Reteyne a most wicked meaning of all these saiynges of the Apostle least you loose your freedome in iudging or elles truely for that as men yee are ashamed so to doo before men crie out if you dare Let murtherers be punished let adulteriers be punished let all other faultes be they neuer so heynous or full of mischiefe be punished by the Magistrate wee will that onely wicked faultes against Religion be exempt from punishment by the Lawes of Kinges or rulers c. Herken to the Apostle and thou shalte haue a great aduantage that the kingely power cannot hurt thee doo well and so shalt thou haue prayse of the same power c. That thinge that yee doo is not onely not good but it is a great euill to witte to cut in sundâ—e the vnity and peace of Christe to rebelle against the promises of the Ghospell and to beare the Christian armes or badges as in a ciuil warre against the true and highe Kinge of the Christianes Chrysostome sheweth this reason why S. Paule doth attribute this title of a minister woorthely vnto the Kinges or ciuill Magistrates bicause that thorough frayinge of the wicked men and commendinge the good he prepareth the mindes of many to be made more appliable to the doctrine of the woorde Eusebius alluding to the sentence of S. Paule where he calleth the ciuill Magistrate Goddes minister and vnderstanding that Ministery of the ciuill Magistrate to be about Religion Ecclesiasticall causes so well as Temporal doth call Constantine the Emperour The great light and moste shrill preacher or setter foorth of true godlines The one and onely God saith he hath appointed Constantine to be his mynister and the teacher of godlines to all countreis And this same ConstaÌ„tine like a faithfull and good mynister did thoroughly set forth this and he did confesse himselfe manifestly to be the seruauÌ„t and mynister of the high Kinge He preached with his imperiall decrees or proclamations his God euen to the boundes of the whole worlde Yea Constantine him selfe affirmeth as Eusebius reporteth That by his mynisterie he did put away and ouerthrowe al the euilles that pressed the worlde â–ª meaninge all superstition Idolatry false Religion In so muche saith this godly Emperour that there withal I bothe called againe mankinde taught by my mynisterie to the Religion of the most holy Lawe meanyng the woorde of God and also caused that the most blessed Faithe shoulde encrease and growe vnder a better gouernour meanyng than had beene before for saithe he I woulde not be vnthankefull to neglect namely the best mynistery whiche is the thankes Iowe vnto God of duety This most Christian Emperour did rightly consider as he had beene truely taught of the moste Christian Bishoppes of that time that as the Princes haue in chardge the mynistery and gouernment in all manner causes either Temporall or Spirituall Euen so the chiefest or best parte of their Seruice or Mynistery to consist in the well ordering of Churche matters and their diligent rule and care therein to be the most thankeful acceptable and duetifull Seruice that they can doo or owe vnto God For this cause also Nicephorus in his Preface before his Ecclesiasticall history doth compare Emanuel Paleologus the Emperour to Constantine for that he did so neerely imitate his duetifulnes in rulinge procuringe and refourminge Religion to the purenesse thereof Whiche amonge all vertues belonginge to an Emperour is moste seemely for the imperiall dignitie and dothe expresse it moste truely as Nicephorus saithe who maketh protestacion that he saithe nothinge in the commendacion of this Emperour for fauour or to flatter but as it was true in deede in him And so reherseth his noble vertues exercised in dischardge of his imperiall duetie towardes God in Churche matters sayinge to the Emperour who hath glorified God more and shewed more feruente zele towardes him in pure Religion without feyninge than thou haste doone who hath with suche feruent zeale sought after the moste syncere faithe muche endaungered or clensed againe the holy Table VVhen thou sawest our true Religion broughte into perill with newe deuises brought in by conterfaict and naughty doctrines thou diddest defende it most painefully and wisely Thou diddest shewe thy selfe to be the mighty supreme and very holy anchour and staie in so horrible waueringe and errour in diuine matters beginninge to fainte ard to peris he as it were with shipwracke Thou arte the guide of the profession of our Faithe Thou hast restored the Catholique and Vniuersall Church beinge troubled with newe matters or opinions to the olde state Thou haste banished from the Churche all vnlawfull and impure doctrine Thou hast clensed againe with the woorde of trueth the Temple from choppers and chaungers of the diuine doctrine and from hereticall deprauers thereof Thou haste beene sette on fier with a Godly zeale for the diuine Table Thou haste established the doctrine thou haste made Constitutions for the same Thou haste entrenched the trewe Religion with myghtie defenses That whiche was pulled downe thou haste made vp agayne and haste made the same whole and sounde againe with a conuenient knittinge togeather of all the partes and members to be shorte thou haste saithe Nicephorus to the Emperour establissed true Religion and godlines with spirituall butiresses namely the doctrine and rules of the auncient Fathers These and suche like Christian Emperours are not thus muche commended of the Ecclesiasticall wryters for their notable dooinges in the maintenaunce and furtheraunce of Religion as for dooinges not necessarily appertayninge to their office or callynge But for that they were examples spectacles and glasses for others wherein to beholde what they are bounde vnto by the woorde of God and what their subiectes may looke for at their handes as matter of chardge and duetie both to God and his people Whiche S. Paule doth plainely expresse where he exhorteth the Christians to make earnest and continuall prayer for kynges and all that are in authoritie to this ende and purpose that by their rule mynistrie and seruice not onely peace and tranquilitie but also godlines and Religion should be furthered and continued amongst men attributing the furtherance and continuaunce of Religion and godlynes to the Magistrates as an especial fruite and effect of their dutie and seruice to God and his people Chrysostome expounding this place of the Apostle doth interprete his meaning to be vnderstanded not onely of the outward peace tranquilitie furthered mainteined defended by the Magistrates but chiefly of the inward peace of the mynde and conscience whiche can not be atteyned without pure Religion as
benefices thorough the whole worlde and more thei did choose the Pope as it is in C. Adrianus dist 63. And y e same Petrus in an other place saith thus Marke after what sorte and how many waies these Clergy mē doo snare the Lay and enlarge their owne iurisdiction but alas miserable Emperours and secular princes whiche doo suffer this and other thinges you both make your selues sclaues to the Bisshops and yee see the worlde vsurped by them infinite waies and yet yee study not for remedy bicause yee geue no heede to wisedome and knowledge As Petrus Ferrariensis attributeth both the swoordes that is both spirituall temporall iurisdiction to y e Emperour So 10. Quintinus Heduus a famous professour of the law in Paris one that attributeth so much to the Pope as may be muche more than ought to be saith y t In solo Principe omnis est potestas in the Prince alone is al power and thereto auoucheth this saying of Speculator De iurisdict omniū iudicū Quod quicquid est in regno id esse intelligitur de iurisdictione Regis that whatsoeuer is in a kingdome that is vnderstāded to be vnder the iurisdictiō of the kinge To which purpose he citeth an auncient learned one in y e Law whose name was Lotharius who saith he did say That the Prince is the foūtaine or welspring of al iurisdictiō protesteth also him selfe to be of y e same minde writing of the kinges power in Eccl. matters or causes he citeth this Canon Quādo vult Deus foorth of the decrées wherupon he as it were cōmenteth saying This is the reason wherfore it is leafull for the Prince some whiles to determine those thinges whiche concerne the Church least the honesty of the mother he meaneth y e Churche should in any thing be violated or least her trāquillity should be troubled specially of thē to whom she is cōmitted meaning y ◠Church Mynisters If there be any other thing this chiefly is an Ecclesiasticall matter namely to call or cōuocate Coūcelles saith Quintinus But this is the opinion saith he of many learned men that the Emperour may cōuocate a general Coūcel so often and for any cause whan the Pope and the Cardinalles be noted of any suspiciō and doo for slowe and ceasse either for lacke of skill or peraduenture of some euill meaning or of both or els whā there is any Schisme Cōstantinus saith he called the first Nicene coūcell the other three generall Councelles Gratianus Theodosius and Martianus the Emperours called by their edict Iustinianus called the fifte generall councell at Constantinople the Emperour Constantine 4. did conuocate the sixte generall Councell against the Monothelytes The authoritie of the kinge Theoderike cōmaunded the Bisshops and Priestes forth of diuers prouinces to assemble together at Rome for the purgation of Pope Symachus the firste Carolus Magnus as it is in our Histories cōmaunded fiue Councels to be celebrated for the Ecclesiasticall state to wit Moguntinum Remense Cabilonense Arelatense and Turonense The Pope calleth the Bisshoppes to Rome or to some other place the Kinge dooth forbidde them to go or he commaundeth them to come to his Courte or Councell the Bisshoppes must obey the kinges precept not onely in this case but in any other matter what so euer besides sinne for he that dooth not obserue his bounden fidèlitie to the kinge whether he be a Bisshoppe Priest or Deacon is to be throwne foorth of his degree or place For the proufe whereof he citeth many Canons out of the decrées and concludeth thus to be briefe this is mine opinion whan the kinge calleth together the Prelates to a Councell and to reforme the state of the Churche they are bounde to obey yea although the Pope forbidde it The people doth amende or reforme the negligence of the pastour Can. vlt. dist 65. Ergo the Prince also may doo the same If the Bisshop will not or doo forslowe to heare and to decide the controuersies of his Cleargy the Bisshoppe beynge slowe or caryinge ouer longe nothinge dooth hinder or stay saith the Canon to aske Episcopale iudicium the Bisshoply iudgement of the Emperour If it happen that the Priestes be not diligent about the Aultar offices if contēning the tēple neglecting the Sacrifices they hasten into kinges palayces runne to wrastlinge places doo prophane them selues in brothelles houses and if they cōuert that which the faithfull haue offred to Christ to the pleasures of them selues and of theirs wherefore shall not the princes whome the Catholique Faith hath begottē and taught in the bosome of the church call againe and take vpon themselues the care of this matter and so he prooueth at lardge by many examples out of the Histories and the Lawes that this care and chardge in Ecclesiastical matters and causes belongeth to the Princes vnto the whiche examples he addeth this In our Fathers time saith he Kinge Lewes 11. made a constitution that Archebishoppes Bishoppes Abbottes and who so euer had dignities in the Church or had the cure of other benefices should within fiue monethes resorte to their Churches and shoulde not remooue any more from thense diligently there labouringe in diuine matters and sacrifices for the saulfty of the kinge and his kingdome and that vnder a great paine of losinge all their goodes and landes Here Quintinus dooth greuously complaine of the dissolute and moste corrupt manners of the Cleargie whereto he addeth sayinge vvherefore than should not Princes compell this lewde idle kinde of men to doo their dueties If you delight in antiquities saith he no man dothe doubt but that in the primatiue Churche the Princes did iudge bothe of the Ecclesiasticall personnes and causes and did oftentimes make good Lawes for the trueth against falsehood Arcadius and Honorius religious Princes doo depose a troublesome Bishop both frō his Bishoprike sea and name The. 13. first titles of the firste booke of Iustinians Code collected out of the Constitutions of diuers Emperours doo plainly intreate and iudge of those thinges whiche appertaine to the Bishoply cure For what pertaineth more to the office of a Bisshop than Faith then Baptisme then the high Trinity than the conuersation of Monkes the ordeining of Clergy men and Bishoppes and than many like lawes whiche doubtles doo concerne our Religion and Church But the Nouel Constitutions of the Emperour Iustinian are full of suche Lawes And least peraduenture some man might suspect that this was tiranny or the oppression of the Churche Iohn the Pope dothe salute this Imperour the most clement Sonne learned in the Ecclesiasticall disciplines and the most Christian amongst Princes Epist inter claras De sūm a Trin. C. Childebertus the Kinge of Fraunce did exact of Pelagius 2. the confession of his faith and Religion the whiche the Pope bothe speedely and willingly did perfourme C. Sat agendum 25. q. 1. VVhan I was in Calabria saith Quintinus by chaunce I founde a fragment of a certaine
booke in Lombardy letters hauinge this inscription Capitula Caroli Then followeth an Epistle beginning thus I Charles by the grace of God and of his mercy the Kinge and gouernour of the kingdome of Fraunce a deuout defendour of Goddes holy Churche and an humble healper thereof To al the orders of the Ecclesiastical power or the dignities of the secular power greetinge And so reciteth al those Ecclesiasticall Lawes and constitucions whiche I haue writen before in Charles the great To all whiche saith Quintinus as it were in manner of a conclusion are these woordes put to I will compell all men to liue according to the Canons and rules of the Fathers Lewes the Emperour this Charles Sonne kept a Synode wherein he forbadde all Churchemen sumptuousnes or excesse in apparaile vanities of iewelles and ouermuche pompe Anno Christi 830. He also set forth a booke touchinge the manner and order of liuinge for the Churchemen I doubt not saithe Quintinus but the Churche shoulde vse and shoulde be bounde to suche lawes meaninge as Princes make in Ecclesiasticall matters Pope Leo. 3. saith he beinge accused by Campulus and Paschalis did purge himselfe before Charles the great beinge at Rome and as yet not Emperour Can. Auditū 2. q. 4. Leo. 4. offereth him selfe to be refourmed or amended if he haue done any thinge amisse by the iudgement of Lewes the Frenche kinge beinge Emperour Can. Nos si incompetenter 2. q. 7. Menna whome Gregory the great calleth moste reuerende brother and fellow Bishop beinge nowe already purged before Gregory is commaunded a freshe to purge him selfe of the crime obiected before Bruchinild the Queene of Fraunce Ca. Menna 2. q. 4. In whiche quaestion also it is redde that Pope Sixtus 3. did purge him selfe before the Emperour Valentinian Can. Mandastis So also Iohn 22. Bishop of Rome was compelled by meanes of the Diuines of Paris to recante before the Frenche Kinge Philippe not without triumphe the whiche 10. Gerson telleth in a Sermon De Pasc The Popes Heresie was that he thought the Christian Soules not to be receiued into glory before the resurrection of the Bodies Cresconius a noble man in Sicilia had authoritie or power geuen him of Pelagius the Pope ouer the Bishoppes in that Prouince oppressinge the Cleargie with vexations Can. Illud 10. q. 3. The whiche Canon of the law the Glossar doth interprete to be writen to a secular Prince in Ca. Clericum Nullus 11. q. 1. The Abbottes Bishops and the Popes themselues in some time paste were chosen by the Kinges prouision Ca. Adrianus 63. dist And in the same Canon Hinc est etiam 16. q. 1. Gregorius wrote vnto the Dukes Rodolph and Bertulph that they shoulde in no wise receiue priestes defiled with whoredome or Symony but that they should forbidde them frō the holy Mynisteries § Verum 32. dist in whiche place the interpretours doo note that Laymen sometimes may suspende Cleargymen from their office by the Popes commaundement yea also they may excommunicate whiche is woorthy of memory Hetherto Quintinius a learned lawyer and a great mainteinour of the Popes iurisdiction hath declared his opinion and that agreeable to the Popes owne Lawes that Princes may take vppon them to gouerne in Ecclesiasticall matters or causes Besides these Lawyers this was the common opinion of the chiefest writers of the common Lawe of this realme as appeareth by Braughton in these woordes Sunt sub rege c. Vnder the Kinge are both free men and bondemen and they be subiecte to his powre and are all vnder him and he is a certaine thing or creature that is vnder none but onely vnder God And againe in the chapiter the title whereof is this Rex non habe◠parem c. The Kinge hath no peere or equall in his kingdome The kinge saith he in his kingdome hath no equall for so might he lose his precepte or authoritie of commaundinge sithe that an equall hath no rule or commaundement ouer his equall as for the Kinge him selfe ought not to be vnder man but vnder God and vnder the Lawe bicause the Lawe maketh a Kinge Let the Kinge therfore attribute that vnto the Lawe that the Lawe attributeth vnto him to wit dominion and powre For he is not a Kinge in whome will and not the lawe doth rule and that he ought to be vnder the Lawe Cum sit Dei vicarius sithe he is the vicar of God it appeareth euidently by the likenes of Iesu Christe whose vicegerent he is in earth and within a litle after he concludeth thus Igitur non debet maior esse eo in regno suo Therefore there oughte to be none greater then he in his kingedome Thus haue I sufficiently proued that the Emperours and Kinges ought haue and maye claime and take vpon them suche gouernemente in Spiritual and Ecclesiastical causes and matters as the Quéenes Maiestie now doothe In confirmation whereof I haue béene more large than otherwise I woulde but that the proufe hereof doth reprooue and fully answeare the principal matter of your whole booke and therefore I may vse more briefnesse in that whiche followeth I haue made proufe vnto you sufficient to remoue your ignorance both of the matter and the way whereby to knowe confessed by you in your Minor Proposition And this haue I done by the selfe same Meanes that you requyre in your issue I haue made proufe of the Supreame gouernment in Ecclesiastical causes to belonge vnto Kinges and Princes by the expresse commaundement of God where he did firste describe set foorth the duety and office of Kinges I haue made the same more plaine and manifest by the examples of the moste holy gouernours amongest Goddes people as Moses Iosua Dauid Saloman Iosaphat Ezechias Iosias the Kinge of Niniue Darius and Nabugodonosor who exprest this to be the true meaning of Gods commaundement by their practise hereof so highly commended euen by the holy Ghoste whereunto I haue added certaine Prophecies foorth of Dauid Esaie wherby it is manifestly prooued that the holie Ghoste dothe looke for exacte and challenge this seruice and Supreame gouernment in churche causes at Princes handes I haue declared that the Catholique Churche of Christe did accept and repute these histories of the olde Testament to be Figures and Prophecies of the like gouernment and seruice to be required of the Kinges in the time of the Newe Testament I haue confirmed the same by the manifest Scriptures of the Newe Testament Whervnto I haue adioygned the testimonies of aunciente Doctours with certain examples of most godly Emperours who beynge so taught by the moste Catholique Fathers of Christes Churche did rightly Iudge that the vigilant care ouersight and orderynge of churche causes was the chiefest and best parte of their Ministerie and seruice vnto the Lorde I haue shewed plainely by the order of Supreame gouernment in Churche causes practised set foorth and allowed in the greattest and best Councelles bothe Generall and Nationall that
of the royall power what quietnesse séeke you to her persone when one chiefe purpose and entent of your booke published is to stay bring her subiectes to an heretical misliking of her royall power whiche is a preparation to rebellion against her persone How much prosperitie you wishe to her Maiesties reigne appeareth when that with diepe sighes and grones you looke daily for a chaunge therof and tharche Heretique of Rome your God in earthe to reigne in her place If I knewe you not right well I shoulde maruaile that you shame not to affirme sayinge I doo here presently therfore offer my selfe to receyue a corporall Othe and further I shall presently svveare c. Séeinge that you neuer made to me any motion of suche an offer neither did I at any time require you to take any Othe You thinke are so persuaded in conscience if a man may trust you that the Quéenes highnes is the only supreme gouernour of this Realme and of al her dominiōs and countries and hath vnder God the soueraigntie and rule ouer all manner of persones borne within her dominions of what estate either Ecclesiasticall or Temporall so euer they be Wherunto I adde this consequent which doth necessarily follow Ergo Your holy father the Pope is not as you thinke in your conscience the supreme gouernour ouer her highnes dominions nor hath the soueraigntie or rule vnder God ouer any personnes borne within the same The Quéenes maiestie muste néedes herein take you but for a dissembling flatterer in that you wil séeme somtime in generall speach to attribute vnto her thonly Supremacie vnder God ouer her dominions and subiectes whiche you meane not for within a while after in plaine woordes you denie the same And your holy Father will geue you his curse for that being his sworne Aduocate at the first entry in to the plea you geue from him the whole title of his vniust claime to wit the supreme gouernaūce ouer the Quéenes highnes dominions and people You must now therefore make some shifte and call to remembraunce one sleight or other by some distinction whereby to auoide your holy Fathers curse that you may continue vnder his blessinge You will expounde your meaninge by restreiguyng the supreme gouernment of the Quéenes maiestie onely in causes Temporall and not in causes or thinges Ecclesiasticall But this distinction commeth to late and will doo you no ease for that in both these kindes of causes you haue already graūted vnto her the onely supreme gouernment and that as you verily thinke persuaded in conscience wheruppon you offer to receiue a corporall Othe vpon the Euangelistes And this your graūt passed from you by these woordes Ouer all manner persones borne vvithin her dominions of vvhat estate either Ecclesiasticall or Temporall so euer rheybe In this that you graunt vnto her highnes thonly supreme rule ouer the Lay and Ecclesiasticall persones you haue also concluded therewith in all causes bothe Ecclesiasticall and Temporall whiche is plainely and firmely prooued by this argument followyng A supreme gouernour or ruler is one who hath to ouersee guyde care prouide order and directe the thinges vnder his gouernment and rule to that ende and in those actions whiche are appointed and doo properly belonge to the subiect or thinge gouerned So that in euery gouernment and rule there are thrée thinges necessarily concurraunt the Gouernour the Subiect or mattier gouerned and the obiect or mattier wherabout and wherein the gouernment is occupied doth consiste But the Quéenes highnes by your owne confession is the onely supreme gouernour ouer al manner persones Ecclesiasticall borne within her dominions Ergo Her highnes thonely supreme gouernour ouer suche persones hath to ouersée guyde care prouide order and directe them to that ende and in those actions whiche are appointed and doo proprely belonge to Ecclesiasticall persones And so by good consequent you haue renounced al foreine gouernment For this exclusiue Onely doth shut out all other frō supreme gouernment ouer Ecclestasticall personnes and also yée doo affirme the Quéenes maiestie to be supreme gouernour in those actions whiche are appointed and that doo proprely belonge to Ecclesiastical persones which are no other but thinges or causes Ecclesiasticall M. Fekenham And of my parte I shall svveare to obserue and perfourme my obedience and subiection vvith no lesse loyaltie and faithfulnes vnto her highnes then I did before vnto Queene Mary her highnes sister of famous memory vnto vvhome I vvas a svvorne Chaplaine and most bounden The B. of Wynchester Like an vnfaithful subiect contrary to your Othe made to Kinge Henry and continued all the reigne of Kinge Edwarde you helpt to spoile Quéene Mary of famous memory of a principall parte of her royall power righte and dignitie whiche she at the beginninge of her reigne had enioyed and put in vre The same obedience subiection with the like loyaltie and faithfulnes yée will sweare to obserue perfourme to Quéene Elizabeth but she thanketh you for naught she will none of it she hath espied you and thinketh yée profer her to muche wronge M. Fekenham And touchyng the rest of the Othe vvhereunto I am required presently to svveare viz. That I doo vtterly testifie and declare in my conscience that the Queenes highnes is the onely supreme gouernour of this realme asvvell in all Spirituall or Ecclesiasticall thinges or causes as Temporall I shall then of my parte be in like readines to receiue the same vvhen your L. shalbe able to make declaration vnto me hovv and by vvhat meanes I may svveare therunto vvithout committinge of a very plaine and manifest periury vvhiche of my parte to be committed it is damnable sinne and against the expresse vvoorde of God vvriten Leuit. cap. 19. Non periurabis in nomine meo nec pollues nomen Dei tui And of your parte to prouoke me or require the same it is no lesse damnable offence S. Austine in vvitnes thereof saithe Ille qui hominem prouocat ad iurationem c. He vvho doth prouoke an other mā to svveare and knovveth that he shall forsvveare him selfe he is vvorse then a murtherer bicause the murtherer sleeth but the body and he sleeth the soule and that not one soule but tvvo as the soule of him vvhome he prouoketh to periury and his ovvne soule also by ministringe the occasion thereof And the pointes of this Othe vvhereunto I cannot presently svveare vvithout moste plaine and manifest periury are these fovver follovvinge The B. of Wynchester As in that whiche goeth before you couertly vttered many vntrueths although sometime yée stomble on the trueth against your will so in the rest you fall to plaine manifest vntrueths least men shoulde not perceiue what you are You were neuer by me required to sweare and therefore this is an impudent kinde of dealinge to say vvherunto I am presently required to svveare c. I had none authoritie nor cōmission to require the Othe of you neither might I
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 atteÌ„tiuely 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 â—beissance that who so euer shuld after the publicatioÌ„ 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 sufficieÌ„tly 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 vnderstaÌ„d his owne duety of nourishing Christes Church appointed by God in his Prophecy for he like a good tender and faithful Nourcefather did kéepe defende mainteine vpholde and féede the poore faithfull ones of Christ he hare them beinge
the Clergy and the people elected Gregory the firste called afterwardes the great But the custome was saithe Sabellicus which is declared in an other place that the Emperours should ratifie by their consent the election of him that is chosen Pope And to stay the Emperours approbation saith Platina he sente his messengers with his letters to beseeche the Emperour Mauritius that he woulde not suffer the election of the people and clergy to take effecte in the choyse of him c. So muche did this good man saithe Sabellicus seekinge after heauenly thinges contemne earthly and refused that honour for the whiche other did contende so ambiciously But the Emperour beynge desirous to plante so good a man in that place woulde not condescende to his request but sent his Embassadours to ratifie and confirme the election Richaredus Kyng of Spaine rightly taught and instructed in the Christian faithe by the godly and Catholique Bishoppe Leander Bishop of Hispalis did not onely bringe to passe that the whole nation shoulde forsake the Arianisme and receyue the true faithe but also did carefully study howe to continue his people in the true Religion by his meanes newely receiued And therefore commaunded all the Bishoppes within his Dominions to assemble togeather at Toletum in the fourth yéere of his reigne and there to consulte about stayinge and confirminge of his people in true faithe and Religion of Christe by godly discipline Whan the Bishoppes were assembled in the conuocation house at the kinges commaundement the king commeth in amongst them he maketh a short but a pithy and most Christian oration vnto the whole Synode Wherein he sheweth that the cause wherfore he called them together into the Synode was To repaire and make a newe fourme of Churche discipline by common consultation in Synode whiche had béene letted longe time before by the Hereticall Arianisme the whiche stay and let of the Arians haeresies it hath pleased God saithe he to remoue and put away by my meanes He willeth them to be ioyfull and gladde that the auncient manner to make Ecclesiasticall constitutions for the well ordering of the Churche is now thorough Gods prouidence reduced and brought againe to the boundes of the Fathers by his honorable industry And laste of all he doth admonishe and exhorte them before they beginne their consultation to faste and pray vnto the Almighty that he will vouchesaulfe to open and shewe vnto them a true order of discipline whiche that age knewe not the senses of the Clergie were so muche benūmed with longe forgetfulnes Whereuppon there was a three dayes faste appointed That doone the Synode assembleth the kinge commeth in and sitteth amongst them he deliuereth in writinge to bée openly redde amongest them the confession of his Faithe in whiche he protesteth with what endeuour and care beyng their king he ought not onely to study for him selfe to be rightly geuen to serue and please God with a right Faithe in true Religion but also to prouide for his subiectes that they be thoroughly instructed in the Christian Faithe He affirmeth and thereto taketh them to witnes that the Lorde hath styrred him vp enflamed with the heate of Faithe both to remooue and put away the furious and obstinate Heresies and Schismes and also by his vigilaunt endeuour and care to call and bringe home againe the people vnto the confession of the true faith and the communion of the Catholique Churche Further alludinge to the place of S. Paule where he saith that thorough his mynistery in the Ghospell he offreth vp the Gentiles vnto God to be an acceptable Sacrifice he saithe to the Bishoppes That he offreth by their mynisterie this noble people as an holy and acceptable Sacrifice to God And laste of all with the rehersall of his faithe he declareth vnto the Bishoppes That as it hath pleased God by his care and industry to winne this people to the faith and vnite them to the Catholique Churche so he chardgeth them now to see them staide and confirmed by their diligent teachinge and instructinge them in the trueth After this confession was redde and that he him selfe and also his Quéene Badda had confirmed and testified the same with their handes subscripcion the whole Synode gaue thankes to God with many and sundry acclamacions saying That the Catholique Kinge Richaredus is to be crowned of God with an euerlastinge crowne for he is the gatherer togeather of newe people into the Churche This Kinge truely ought to haue the Apostolique rewarde who hath perfourmed the Apostolique office This done after the Noble menne and Bishoppes of Spaine whome the woorthy Kinge had conuerted and brought to the vnitie of Faithe in the Communion of Christes Churche had also geuen their confession openly and testified the same with subscription the Kinge willinge the Synode to goe in hande to repayre and establishe some Ecclesiasticall discipline saithe to the Synode alludinge to S. Paules saying to the Ephesians to this effect That the care of a kinge ought to stretch foorth it selfe and not to cease till he haue brought the subiectes to a ful knowledge and perfect age in Christ and as a kinge ought to bende all his power and authoritie to represse the insolence of the euill and to nouris he the common peace and tranquilitie Euen so ought he muche more to study labour and be carefull not onely to bring his subiectes from errours and false Religion but also to see them instructed taught and trained vp in the trueth of the cleere light And for this purpose he dooth there decree of his owne authoritie commaunding the Bishoppes to see it obserued that at euery Communion time before the receipt of the same all the people with a loude voice together doo recite distinctly the Symbole or Crede set foorth by the Nicen councell When the Synode had consulted about the discipline and had agreed vpon suche rules and orders as was thought moste mete for that time and Churche and the kinge had considered of them he doth by his assent and authoritie confirme and ratifie the same and first subscribeth to them and then after him all the Synode This zelous care and carefull study of this and the other aboue named princes prouiding ruling gouerning and by their princely power and authouritie directing their whole Clergy in causes or matters Ecclesiasticall was neuer disallowed or misliked of the auncient fathers nor of the Bishoppes of Rome till nowe in the latter dayes the insaciable ambicion of the Clergy and the ouermuche negligence and wantones of the Princes with the grosse ignorance of y e whole Laity gaue your holy father the childe of perdicion the full sway to make perfect the mystery of iniquitie Yea it may appéere by an Epistle that Gregorius surnamed great Bishop of Rome writeth vnto this worthy king Richaredus that the Bishop of Rome did much cōmende this carefull gouernement of Princes in causes of Religion For he moste highly commendeth the doinges of
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 coÌ„tendinge 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 couÌ„cell 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 wheÌ„ these Legates from the Emperour came to OctauiaÌ„ 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 â—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 â—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 pleÌ„tiful rewardes of money might be heaped vpoÌ„ 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 â—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
that the Laye people shoulde behaue them selues towardes their Curates and in what wise they shoulde paie and offer to God their tithes The thirde was for making of their testamentes In Germany succeded vnto Frederike Henry and next vnto him Philip both of them inuesturing Bishops and suffering no Legates from Rome to come into Apulia nor Sicilia according to the aforesaide composition Next to whom succeded Otto surnamed of the Clergie the defendour of Iustice for where as the manner of Princes was saith Abbas Vrspurgens cheerfully and readily to geue benefices or Churches to those that did first aske them he woulde noâ— so doo but he gaue all the benefices that fell as well Ecclesiasticall as Secular to those with whom he was acquainted c. This Emperour came into Italy claimed and recouered al the right of the Empire that the Pope vsurped vnder the name of S. Peters patrimony and called a Synode at Norinberge about this matter and touching the Popes authoritie In England as Henry his father had doon before him so folowed king Richard in geuing Ecclesiastical promotions in calling councelâ— ordering other Ecclesiasticall matters yea eueÌ„ in his absence being in Syria by one that represented his persone therin the B. of Ely who called and made a councel at westminster as the kings procuratour and the Popes Legate and spake by the kinges power But in this matter kyng Iohn did more theÌ„ any of his predecessours which purchased him muche hatred with the Pope and his Monkes In this while the Frenche kinge helde a Councell at Cenomannia in Turon And after him Kinge Lewes did celebrate a solemne couÌ„cell at Paris whereat was praesent the Popes Legates In whiche time was Frederike the. 2. Emperour out of doubt saith Auentinus an other Charles the great and without all controuersie most prâ—fitable for the Christian common wealth whiche not onely helde the priuileges aforesaide in Apulia and Sicilia but in all his dominions and about this mater tamed diuer Popes called and kepte diuerse Councelles aswel by his Sonnes as by him selfe ordeined certaine Ecclesiasticall lawes againste diuerse Heretiques condemninge their heresies and appointing how they should be ordered ordeininge likewise many priuileges for Ecclesiasticall personnes In whiche time Henry the. 3. Kinge of Englande helde a solemne Councell in the whiche bothe by the sentence of the Kinge and of the Princes not a fewe priuileges were taken away from the order of priesthoode at what time the Popes Legate required a tribute of all the Cleargy but it was denied him Robert Grosthed whome yée call S. Robert wrote vnto the Pope a sharpe Episile bicause he greeued the Churche of Englande with â—askes and paymentes against reason of whiche when he sawe no redresse he with other Prelates of the lande complained vnto the Kinge of the wass of the goodes and patrimonie of the Churche by the Popes neare kinseman and other alient Bisshoppes whome the Kinge auoyded out of the Realme To whome also the Emperour Frederike wrote that it was a shame for him to suffer any longer his Realme to be oppressed with the Popes tiranny Lewes the Frenche kynge called S. Lewes who as Antoninus saith was so instructed euen from his infancie in all the wisedome of diuine and good orders that there was not founde his like â–ª that kept the lawe of the high God c. made a lawe againste thâ—â—e that blasphemed the name of the 〈◊〉 adioyninge a penaltie of a whoteyron to be printed in the transgressours forehead Also in the yeere of the Lorde 1228. He made a Lawe againste the Popes fraudes concerninge the preuentions and reseruations of the reuenues and dignities Ecclesiasticall complayninge that the Pope had pulled from him the collations of all Spirituall promotions ordeininge that from hence foorth the election of Bisshoppes Prelates and all other what so euer shoulde be free forcible and effectuall to the electours patrones and collatours of them Also the same yeere he set foorth an other Lawe againste Simonie complaininge of the bioyng and sellinge of Ecclesiasticall dignities He made also certaine godly Lawes againste whoredome and Fornication Laste of all in the yéere of the Lorde 1268. he set foorth the Lawe commonly called Pragmatica Sanctio wherein amongest other Ecclesiasticall matters againste the Popes pollinges he saithe thus Item in no case we will that exactions or greuous burdens of money beinge laide on the Churche of our Kingedome by the Courte of Rome whereby our kingedome is miserably impouerished be leuied or gathered nor any hereafter to be layde excepte onely for a reasonable godly and moste vrgent cause of necessitie that can not be auoided and that the same be doone by our expresse biddinge and commaundement of our owne accorde Conradus Conradinus and Manfredus still kepte the priuilege of the foresaide Ecclesiasticall matters in Sicilia and Apulia Shortly after this time Charles the Kinge of Sicilia and Apulia had all or most of the dooing in the election and makinge of diuerse Popes as of Martyn 4. Celestyn 5. Bonyface 8. c. Edwarde the firste Kinge of Englande aboute this time made the Statute of Northampton So that after that time noman shoulde geue neither sell nor bequeath neither chaunge neither bye title assigne landes tenementes neither rentes to no man of Religion without the Kinges leaue whiche acte sence that time hath beene more straightly enacted and diuised with many addicions thereunto augmented or annexed The whiche Lawe saithe Polydore he made bicause he was Religionis studiosissimus c. moste studiouse of Religion and moste sharpe enemie to the insolency of the Priesies At this time Philip le Beau the Frenche Kinge beganne his reigne brought vp in the studie of diuinitie vnder Aegidius the Romaine diuine by whose admonitions and also of other diuines the Kinge beinge instructed in his duety aboue al other thinges endeuoured him selfe aboute the reformation of Religion and orderinge of Ecclesiasticall matters Whereuppon lookinge to the state of the Cleargy he deposed a certaine Bishoppe for Heresie and gaue his Bishoprike to an other and besides claymed the inuestiture of all other Bishoppes in his dominions and callinge Councelles at home in his owne Realme woulde suffer none of his Cleargy to goo to the Popes Councelles He caused the Popes Bulles to be burned He commaunded the Popes Legates to auoyde his realme He commaunded that no money shoulde be caried out of the Realme to the Pope He sette foorth a Lawe that no man should goo to Rome out of his kingedome He called a Councell at Paris and caused to be gathered thither all the Prelates and Barons of Fraunce to iustifie his dooinges He shewed vnto them why he tooke vppon him to call a Councell He enueighed againste the Pope for Heresie Symonie Homicide Pride Ambition c. and that of righte he ought therefore to be deposed He demaundeth of the
Councell vnto whome they be lawfully sworne and of whome they haue receiued their dignities They all answeare that they are all the beneficiaries of him alone and that mindefull of their Faith and the Kinges estate they woulde suffer death for his glory power and saulfegarde Thereuppon he setteth foorth a pragmaticall sanction or forceable lawe to diminis he the dignitie of the Pope Many other Ecclesiasticall Lawes he made againste the Iewes againste the Templars against adulterie c. He made also Clement the fifth Pope and swore him to certaine cōdicions before hande by whose importune meanes also the Generall councell of Vienna was holden In whiche Councell he laboured to haue Pope Boniface condemned for an Heretique affirminge that he woulde proue him so But the mater was taken vp and to satisfie the kinge it was decreed that all the processes of Bonifacius against the kinge were vniust and the kinges doinges in any point against the Pope should not be preiudicial to him or to his heyers About the time of this Councell at Vienna the famous schooleman Durandus setteth foorth a booke wherein as he rekeneth vp diuerse and great enormities in Church matters so for the reformacion of them he alwaies ioyneth the kinge and secular Princes and the Prelases and to this purpose citeth the fourme of the auncient Councelles and many times enueigheth against and complaineth vppon the vsurped authoritie of the Romaine Bishop warninge men to beware how they yéelde vnto him and prescribeth a rule for the Princes and the Prelates to refourme all these enormities not by custome were it neuer so auncient but by the woorde of God About this time also the Emperour Henry the. 7. came into Italy with great power to reduce the Empyre to the olde estate and glory of the auncient Emperours in this behalfe And on the day of his coronation at Rome accordinge to the maner of other Romaine Emperours he set foorth a Lawe or newe authentique of the most high Trinitie and the Catholique faith Nexte to Henry 7. was Lewes 4. Emperour who had no lesse but rather greater conflictes with the Popes in his time about the reformation of abuses than any had before him the Pope nowe claiminge for an Ecclesiastical matter the confirminge of the Emperour as before the Emperours were wonte to confirme the Popes About whiche question the Emperour sent and called many learned Clerkes in Diuinitie in the Ciuill and Canon Lawe from Italy Fraunce Germany Paris and Bononia whiche all aunswered that the Popes attemptes were erronious and derogating from the simplicitie of the Christian Religion Whereupon the Emperour willed them to searche out the matter diligently and to dispute vpon it and to gather into bookes their mindes therein whiche diuers did as Marsilius Patauinus Ockam Dantes Petrarche c. By whome whan the Emperour vnderstoode the Popes vsurpation he came to Rome called a councell and deposed the Pope placed an other in his rowme In whiche councell the Romaines desired to haue their olde order in the Popes election ratified by the Emperour to be renewed This Emperour also called avery great coūcell at Frākeforth where besides the Spirituall and Secular Princes of Germany the kinge of Englande and the king of Beame were present where by the greater and sounder part the Popes aforesaid vsurpation was abolished Which sentence the Emperour confirmed and published writing therof that his authoritie dependeth not of the Pope but of God immediatly and that it is a vaine thinge that is wont to be saide the Pope hath no superiour The Actes of this councell against the Popes processe were ratified by the Emperour as appeareth by his letters patentes thereupon beginning thus Lodouike the fourth by the grace of God c. To all Patriarches Archebisshoppes Bisshoppes and Priestes c. and ending thus VVherfore by the councell and consent of the Prelates and Princes c. VVe denounce and determine that all suche processes be of no force or moment and straightly charge and commaunde to all that liue in our Empire of what estate or condition so euer they be that they presume not to obserue the said sentences and curses of the Popes interdiction c. An other Councell he called afterwardes at the same place about the same matter bicause Pope Clement called it Heresy To saie that the Emperour had authoritie to depose the Pope whiche heresy as principal he laide first to the Emperours charge Item that the Emperour affirmed that Christ and his Apostles were but poore Item the. 3. heresy that he made and deposed Bysshops Item that he neglected the Popes interdightmēt c. Item that he ioyned certaine in mariage in degrees forbidde he meaneth forbidden by the Popes Lawes and deuorceth them that were maried in the face of the Churche Whiche in deede was nothing els but that amōgest other Ecclesiastical lawes that the Emperour set forth were some for mariages and deuorcementes contrary to the Popes decrees In Fraunce king Charles denied the Pope the tenthes of his Clergie But Philip de Valoys that followed reformed and tooke away many late vpstart Ecclesiasticall abuses in the Clergy and Prelates in his Realme of the whiche diuerse complaintes being made vnto the king he called a councel at Paris and sommoned thither the Bishoppes as appeareth by his letters wherein he complaineth that they haue enchroched from him and his officers a great many of rightes bringing in their nouelties not due and vnwonted grieues vnder the pretence of Ecclesiastical causes whereby they haue broken the concorde of the Clergie and the Laity and therfore willing to prouide so muche as he can by Goddes helpe an healthfull remedy He requireth and neuerthelesse commaundeth them to appeare before him at Parys personally c. The Prelates appearing at the daye assigned before the kinge in his Palayce Archebisshoppes Bisshoppes and makinge reuerence to the kinges maiestie being set downe with his councell and certeine Barons assisting him a certeine knight of the kinges councell spake publykely for the kinge in the presence of them all takinge for his theme this texte Geue that vnto Caesar that belongeth to Caesar and that vnto God that is due vnto God c. The kinges admonition being made a great many complaintes were put vp vnto the king by his nobles and officers against the Clergies vsurpation in medling with contractes of mariages in their priuileges of Clerkes In citations to their Courtes in their excommunicatiōs in willes and hereditamentes in callinge of prouinciall councelles in making synodall Decrees and statutes in medling with realties in perēptory writes in examinations of mens beleues in enioyning of money penances In shauing of children and vnlauful persons making thē Clerkes in whoordome and fornication in wyddowes goodes in bloudshead in the Churcheyarde in inuentories c. and in a great many mo matters whiche ye call Spirituall or Ecclesiasticall causes the
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
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
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 ChristiaÌ„ 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 iurisdictioÌ„ 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 grauÌ„tes were afterwardes abrogated M. Fekenham At the first councel holden at Hierusalem for the reformation of the controuersy that vvas than at Antioche touchinge CircumcisioÌ„ 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 coÌ„trouersie 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 conuenieÌ„t 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 Cilâ—â—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 CorinthiaÌ„s 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 visitatioÌ„ is to be exercised by a great nomber of such persons
of Bishoppes Liberius the Bishop of Rome as Athanasius reporteth in this same Epistle require in a Synode Ecclesiasticall that it be free from feare farre from the palaice where neither the Emperour is present neither the Earle or Capitaine thrusteth in him selfe nor yeat the Iudge dooth threaten He meaneth that it be frée from feare threathes and without this that the Emperour or Rulers do lymitte or prescribe to the Bishoppes what they shoulde iudge This appeareth more plainely by S. Ambrose who also speaketh of the lyke matter yea vnder the same Prince saiynge Constantinus set foorth no Lawes before hande but gaue free iudgement to the Priestes The selfe same also did Constantius in the beginning of his reigne but that whiche he well begâ—nne was otherwise ended For the Bishoppes at the first had written the sincere faith but when as certeine men will iudge of the faithe within the Palaice he meaneth after the opinion of the Courtiers and prescription of the Prince otherwise it was not vnlawfull to iudge of matters concerning faithe within the Princes Palaice the Prince also beynge present for the first Nicen councell was holden within the Emperours Palayce and he him selfe was present amongest them They brought this to passe that those iudgementes of the Bisshoppes were chaunged by Circumscriptions Then is required in a Synode saieth he that the onely feare of God and the institutions of the Apostles doo suffice to all thinges Next that the right faithe be approued and Heresies with the mainteiners thereof be cast out of the councell and than to iudge of the persones that are accused of any faulte So that the Bishoply session or iudgement must haue freedome must iudge by the onely woorde of God muste haue the Bishops that doo iudge to be of the right faithe and must first examine the Religion and faithe of the partie accused and then his faithe Constantius who notwithstanding that he did pretende a Bishoply iudgemeÌ„t vsed none of these obseruauntes but the cleane contrary For as Athanasius complayneth in this Epistle the Emperour wrought all togeather with threates menassinge the Bishoppes other to subscribe against Athanasius or to departe from their Churches Who so gaynsaide the subscription receiued to rewarde either death or exile He without any persuasion with reasons compelleth all men by force and violence in so muche as many Bishoppes afterwardes excused themselues that they did not subscribe of their owne voluntary but were compelled by force VVhere as saith he the faithe is not to be set foorth with swoordes or dartes or by warrelike force but by counsailing and persuadinge He in the steade of Gods worde vsed his own will appointinge and prescribing what should be determined answering y e godly bishops who obiected against his vnorderly doings y â— ecclesiastical CanoÌ„ at quod ego volo pro Canone sit Let my will stande for the Canon Pretending a iudgement of Bishops he doth what so euer liketh himselfe Where as Hosius saith cytod by Athanasius in this Epistle The Emperour ought to learne these thinges of the Bisshoppes and not to commaunde or teache them what to iudge in this kinde of iudgement for the Prince shoulde not showe him selfe so busy or curious in Ecclesiasticall thinges that his will and pleasure shoulde rule or guyde them in steade of Gods woorde and the godly Canons of the fathers Constantius woulde haue no other Bishops but Arians whiche were no Bishoppes in déede as Athanasius saith and much lesse apt to iudge of the matter touching a principall article of our faith or of the faithfull Bishop Athanasius and taking his heresy as an vndoubted truthe that might not be called into question he sought by all meanes to haue Athanasius condemned and al Bishops to refuse his communion and to communicate with the Arians These disorderly dealinges of the Emperour Athanasius coÌ„demneth as directly against the order of Ecclesiasticall session or Synode how so euer he pretended vnder the colour of the Bishoply iudgement to abuse his owne power and authoritie after his owne luste against whom he woulde You would haue it seeme to the ignoraunt that Athanasius mynde in this place were to denie that Princes should medle or deale in Ecclesiastical thinges or causes which is farre froÌ„ his meaning for he him self with many other godly bishops as I haue shewed before did acknowledge the Princes authoritie herein in this same epistle he him selfe confesseth this Emperours authoritie to call couÌ„cels citeth Hosius also who enclineth to that purpose both of theÌ„ confessing y â— Constans Constantius TheÌ„perours did cal al the Bishops to y e couÌ„cel which he calleth SardiceÌ„se consiliuÌ„ about the accusatioÌ„s crimes laid in against Athanasius And Theodoretus affirmeth y t this Emperour CoÌ„stantius called a Synode at Millaine about suche like matter at whose callinge the faithfull Bishops assembled parentes regio edicto obeying the Kinges Summons which they would not haue done if it had béene vnlawfull for him to haue had any dooinges about councelles But when he abused his authority in the couÌ„cel as though his power had béene absolute without limites or boundes willinge them yea coÌ„pelling them to doo after his wil against good conscience they would not obey him Quin etiam palam praesentem regem coarguebant impij iniusti imperij but did opeÌ„ly reproue the Kinge for his wicked and vniust rule or coÌ„maundement whereby is manifest that Athanasius speaketh not against the Princes authority in Ecclesiasticall matters but against his tiranny and the abusinge of that authoritie whiche God hath geuen him wherwith to mynister vnto Goddes will and not to rule after his owne lust they commende the authority but they reproue y e disorderly abuse thereof Now let vs sée how this saying of Athanasius helpeth your â—ause Constantius the Emperour dealt vnorderly and after his owne luste against Athanasius and others pretendinge neuerthelesse the iudgement of Bishoppes whiche Athanasius misliketh as is plaine in this place auouched Ergo Bishops and Priestes may make lawes decrées orders and exercise the second kinde of Cohibitiue Iurisdiction ouer their flockes and cures without commission from the Prince or other authoritie I doubt not but yée sée suche faulte in this sequele that yée are or at leaste yée ought to be ashamed thereof M. Fekenham Almighty God saith by his Prophete Hieremy vvhich vvas both a Prophet and a Priest Ecce dedi verba mea in ore tuo Ecce constituiâ—te hodie super gentes super regna vt euellas destruas disperdâ—s dissipes aedifices plantes Gregorius Nazianzenuâ— sermone de dictis Hieremiae ad Iuliaâ—um Imperatorem Puâ—as no patimini vt verum vobiscum agam suscipitis ne liberratem verbi libenter accipitis quod lex Christi sacerdotali vos nostrae subijsset potestati atque iustis tribunalibus subdit Dedit enim nobis potestatem dedit principatum multo perfectiorem principatibus vestris aut