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A03691 An ansvveare made by Rob. Bishoppe of VVynchester, to a booke entituled, The declaration of suche scruples, and staies of conscience, touchinge the Othe of the Supremacy, as M. Iohn Fekenham, by vvrytinge did deliuer vnto the L. Bishop of VVinchester vvith his resolutions made thereunto. Horne, Robert, 1519?-1580.; Feckenham, John de, 1518?-1585. 1566 (1566) STC 13818; ESTC S104234 173,274 272

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Agbarus affirmeth that he was no infidel or idolatour saying Beatus es quòd in me credidisti cùm non videris me Agbare thou art blessed bicause thou hast beleued in me when thou hast not seen me Besides this your owne selfe haue affirmed oftentimes and so doth your Popishe tales declare that the three wise men that came forth of the East to worship the newe borne king of the Iewes were kinges and lie buried in the great doom at Colain as the Colonistes make men to beleue called yet amongst the vulgar Papistes the three kinges of Colayn If there be any credite to be geuen to the narracion of Eusebius and Nicephorus touching Agbarus king of Edessa and to the commonly receiued opinion of your Popishe Churche concerning the three kinges of Colayn these fower were kings in the time of Christes aboade here in earth and yet not idolatours nor infidels all the whole time of Christes aboade here but faithfull worshippers of Christ Whereby the former part of the matter in the antecedēt of your argument is disproued Neither is that true whiche you put in the seconde part that the Emperours and kinges cōtinued idolatours for y e space of 300. yeres after Christꝭ Assention For although for the moste part during that space they were suche yeat was there in that time some godly Princes that were otherwise geuen Eusebius in his Ecclesiasticall history maketh mention of one Philippus a moste Christian Emperour of whom and his sonne also being Emperour with him Abbas Vrspurgensis witnesseth that they were the first of all the Romaine Emperours that became Christians who also declared by their déedes and workes as Abbas saieth that they had in them the feare of God and the moste perfect Christian faith Constantinus also the Emperour father to Constantine the great did moste diligently of all others séeke after Gods fauour as Eusebius writeth of him He did prouide by his gouernement that his subiectes did not onely enioy great peace and quietnes but also a pleasant conuersation in holines and deuocion towardes God Idolatours and dissemblers in Religion he banished out of his Court and suche as confessed Goddes truthe he re●eined and iudged moste worthy to be about an Emperour commaunding suche to 〈◊〉 the guarde both of his persone and dominion He serued and worshipped the onely true God He condemned the multitude of Goddes that the wicked had He fortified his house with the praiers of holy and faithfull men and he did so consecrate his Court and Palaice vnto the seruice of God that his housholde company was a congregacion or Churche of God within his palaice hauing Goddes mynisters and what s●●uer is r●quisit for a Christian Congregation ▪ Polidor●● in his history of Englande affirmeth also of this Emperour that he studied aboue all other thinges to encrease the Christian Religion who after his death was rekened in the nomber of sainctes To these fewe adde Lucius a king of our owne countrey who although he was not in might cōparable to Constantine the mighty Emperour yet in zeale towardes God in abolishing idolatry and false Religion in winning and drawing his subiects by all meanes to the Christian faith in mainteining and defendinge the sincere Christianitie to the vttermoste of his power he was equall with Constantine and in this point did excell him that he longe before Constantine brake the Ise gaue the onsette and shapte a patern for Constantine to followe whereby to worke that in other partes which he had achieued within his owne dominiō This noble king of very loue to true Religion as Polydore testifieth of him Procured him selfe and his subiectes to be Baptised caused his nation to be the first of all other Prouinces that receiued the Ghospell pupliquely did drawe his people to the knowledge of the true God banisshed at ones all maner of prophane worshipping of Goddes and commaunded it to be lefte Conuerted the tempels of the Idolatours to be Churches for the Christians And to be short he emploied and did bestowe all his seruice and power moste willingly to the furtheraunce and encrease of the Christian Religion whiche he planted moste sincerely throughout his countrey and so lefte it at his death almoste an hundreth yeres before Constantine was Emperour and therefore vntruely sayed of you that Constantine was the very first Christian kyng that ioyned his sworde to the maintenaunce of Gods woorde Sithe this king Lucius so longe before Constantine did not onely these thinges that Polidore ascribeth vnto hym but also did them of his owne authoritie with out any knowledge or consent of the Pope Nor Eleutherius then Bishop of Rome to whome afterwardes king Lucius did write to see some of Caesars and the Romaine Lawe● was any thing offended with the kinges doinges but greatly cōmending him therein coūcelled him not to stand vpon the Romain lawes whiche saith the Pope might be reprehended but as he began without them so to go on draw Lawes alonely out of the Scripture which afterwardes more at large the Saxon kings as Iune Aluredus did The epistle of Pope Eleutherius to king Lucius is as followeth Peristis a nobis c. You haue desired of vs that the Romaine Lawes and the Lawes of Caesar might be sent ouer to you the whiche ye would haue vsed in your kingdome of Brytanie VVe may at al times reproue the Romaine Lawes and the Lawes of Caesar the lawe of God we can not For ye haue receiued of late by the deuine mercie in your kingdome of Brytanie the Lawe and faithe of Christe Ye haue with you in your kingdome both the olde and newe testament take out of them the Lawe by the grace of God through the councell of your kingdome and by it through Gods sufferaunce shallye rule youre kingdome of Brytanie for you are the vicar of God in your kingdome according to the Prophet kinge The earth is the Lordes and all that therein is the compasse of the worlde and they that dwel therin And againe according to the Prophet king Thou haste loued righteousnes and hated iniquitie wherfore God euen thy God hath anointed thee with the oile of gladnes aboue thy fellowes And againe according to the Prophet king geue the king thy iudgement O God and thy righteousnes vnto the kings sonne For it is not geue the iudgemēt and righteousnes of Caesar for the Christian nations and people of your kingdome are the kinges sonnes which dwel and consiste in your kingdome vnder your protectiō and peace according to the Gospel euen as the henne gathereth together her chickens vnder her winges The nations in deede of the kyngdome of Brytanie and the people are yours and whome beinge deuided you oughte to gather togeather to concorde and peace and to the faithe and to the Lawe of Christ and to the holy Churche to reuoke cherishe mainteyne protecte rule and alwaies defende them both from the iniurious persons and malicious and from his enemies VVoe be to
bishop of Antioche Flauianus against the bishop of Rome and other byshoppes of the Weste who did falsely accuse him of many crymes and at the lengthe by his carefull endeuour in Churche matters and his Supreme authoritie therein this moste faythfull Emperour sayeth Thedoretus sette peace and quietnes amongest the Bishoppes and in the Churches He called a conuocation of the Bishops to the ende that by common consent all should agree in vnytie of doctrine confessed by the Nicen councell to reconcile the Macedodians vnto the catholique Churche and to electe and order a Byshop in the sea of Constantinople whiche was than vacant When the twoo fyrste pointes coulde not be brought to passe as the Emperour wished they went in hande with the third to consult amongest them selues touching a fitte Bishop for Constantinople The Emperour to whose iudgement many of the Synode consented thought Gregory of Nazianzene moste fit to be Byshop but he did vtterly refuse that charge Than the Emperour commaundeth them to make diligent inquisition for some godly man that myght be appointed to that rowme But when the Byshoppes could not agree vpon any one the Emperour commaundeth them to bringe to him the names of all suche as euery one of them thought moste apt to be Bishop wryten in a paper together He referued to him selfe saith Zozomenus to choose whome he lyked best When he had redde ouer once or twyse the sedule of names whiche was brought vnto hym after good deliberation had with him selfe he chose Nectarius although as yet he was not christened the Bishops maruailing at his iudgemēt in y e choise could not remoue him And so was Nectarius baptized made bishop of Constantinople who proued so godly a bishop that al mē déemed this election to be made by Themperour not w tout some miraculous inspiratiō of y e holy ghost This emperour perceiuing y t the church had ben long time molested drawē into partes by the Arianisme like to be more greuously torne in sonder w t the heresy of M●cedonius a B. of Cōstantinople knowing y t his supreme gouernemēt empire was geuen him of God to mainteine the cōmon peace of the Church confirmacion of the true faith summoneth a Synode at Constantinople in the thirde yéere of his reigne whiche is the seconde greate and generall councell of the fower notable and famous oecumenicall councelles and when all the Bishoppes whome he had cited were assembled he cometh into the councell house amongest them he made vnto them a graue exhortation to consulte diligently like graue Fathers of the matters propounded vnto them The Macedonians departe out of the Citie the Catholique Fathers agrée conclude a trueth sende the canons of their conclusion to the Emperour to be confirmed writinge vnto him in these woordes The holy counsaile of Bishops assembled at Constātinople to Theodosius Emperour the most reuerent obseruer of godlines Religion and loue towardes God VVee geue God thankes who hath appointed your Emperiall gouernment for the common tranquillitie of his Churches and to establishe the sounde faithe Sithe the time of our assembly at Constantinople by your godly commaundement wee haue renewed concorde amongest our selues and haue prescribed certaine Canons or rules whiche wee haue annexed vnto this our writinge wee beseche therefore your clemency to commaunde the Decree of the Counsaile to be stablished by the letters of your holines and that yee will confirme it and as you haue honoured the Churche by the letters where with you called vs together euen so that you will strengthen also the finall conclusion of the Decrees with your owne sentence and seale After this he calleth an other Councell of Bishoppes to Constantinople of what Religion so euer thinkinge that if they might assemble together in his presence and before him conferre touchinge the matters of Religion wherein they disagreed that thei might be reconciled and brought to vnitie of Faith He consulteth with Nectarius and sitteth downe in the councell house amongest them al and examineth those that were in Heresie in such sort that the Heretiques were not onely astonied at his questions but also beganne to fall out amongst them selues some likinge some mislikinge the Emperours purpose This done he cōmaundeth eche sect to declare their faithe in writinge and to bringe it vnto him he appointeth to them a day whereat thei came as the Emperour cōmaunded and deliuered vnto him the fourmes of their faithe in writinge when the Emperour had the sedules in his handes he maketh an ernest praier vnto God for the assistaunce of his holy spirite y t he may discerne the trueth iudge rightly And after he had redde them all he condemneth the Heresies of the Arians Eunomians rentinge their sedules in sundre alloweth onely and confirmeth the faithe of the Homousians and so the Heretiques departed ashamed and dasht out of countenaunce Theodosius left his twoo sonnes Emperours of the which I will say but litle yet wherein it may moste manifestly appeare that the supreme gouernment in causes Ecclesiasticall belonged to the Emperours Archadius the Emperour when Nectarius the Bishop of Constantinople was dead and so the sea vacant was certified thereof he causeth Iohn Chrysostome to be called from Antioche he commaundeth the other Bishoppes collected into a Synode y t they admonishe Chrysostome of Goddes graces and what belongeth to suche a chardge and that they choose and order him to be the Bishop of Constantinople In whiche dooinge saith Theodoretus the Emperour declared what carefull endeuour he had about the holy Churche matters But this supreme authoritie to care appoint and procure woorthy and good Pastours or Bishoppes when the seas were vacant appeareth more plainly in Honorius the Emperour brother to Archadius whome the Bishop of Rome him selfe in his decrées and his Glosars on the same confesse and acknowledge to haue the ouersight rule and gouernment in the elections orderinge of Bishops yea ouer the Bishoppe of Rome him selfe After the death of Pope Sozimus were twoo Popes choosen at ones in a great Schisme the one Bonifacius primus the other Eulalius whereof when the Emperour Honorius had notice beinge at Millayne he caused them bothe to be banished Rome But after seuen monethes Bonifacius was by the Emperours commaundement called againe and confirmed by his authoritie in the Apostolicall sea This Bonifacius beinge nowe settled in the Papacy by humble suite to y e Emperour prouideth a remedie against suche mischiefes in time to come The case was this saith the Glosator Boniface the firste did beseeche Honorius the Emperour to make a Lawe whereby it might appeare what were to be done when twoo Popes were chosen at ones by the vndiscreetnes of the Electours contendinge amongest them selues Honorius did than constitute that neither of those twaine shoulde be Pope but that in a newe Election a thirde shoulde be chosen by common consente If twoo saithe the Emperour in his Lawe made
the kingdome whose kinge is a childe and whose Princes banquet earely a kinge I name not for his smale and tender age but for folly and wickednes and madnes according to the Prophet king bloudthirsty and deceitful men shal not liue out halfe their daies By banqueting we vnderstand glotonie through glottony riotousnes through riotousnes all filthy and euill thinges according to kinge Salomon wisedome shall not enter into a froward soule nor dwel in the body that is subdued vnto sinne A king is named of ruling and not of a kingdome so long as thou rulest wel thou shalt be kinge whiche vnlesse thou doo the name of a king shal not cōsiste in thee and thou shalt lese the name of a king whiche God forbidde Almightie God geue vnto you so to rule your kingdome of Brytany that ye may reigne with him for euer whose vicar ye are in the kingdome aforesaide VVho with the father c. Thus it is made manifest that bothe your argument faileth in truthe of matter and you your selfe were beguiled through ignorance by wante of reading But put the case that your antecedent were true yet is it a faulty fallax made à dicto secundum quid ad simpliciter and the consequent followeth not for that there is more conteined in the conclusion than the antecedent doth comprehende whiche is suche an euill fauoured forme of argument that yonge studentes in the scholes would be ashamed thereof The Donatistes made the like obiection against the catholique fathers wherto S. Augustine maketh this answere The state of the Apostles time is otherwise to be thought of than this time al thinges must be doon in their time In the Apostles time this prophecie was yet in fulfilling wherfore do the Heathen rage and the people muse vpon vaine thinges The kinges of the earth set them selues and the Princes consult together against the Lorde and his Christ As yet that was not in hande whiche is spoken a litle after in the same psalme and nowe ye kings vnderstand be learned ye Iudges on the earth serue the Lorde in feare and ioy in him with reuerence Therfore seyng that as yet in the Apostles time kinges serued not the Lorde but still did deuise vaine thinges against God and his Christ that all the foresayinges of the Prophete might be fulfilled than truely impieties coulde not be inhibited by princes Lawes but rather be mainteyned For suche was the order of the times that both the Iewes shoulde kill the preachers of Christe thinkinge to doo God good seruice therein as Christ had forspoken and also the gentiles shoulde rage against the Christians that the martirs might winne the victory thorough pacience But after that this began to be fulfilled whiche is writen And al the kinges of the earth shall woorship him and all the nations shal serue him what man onlesse he be not well in his wittes will say that Kinges ought not to haue a speciall regarde for the Churche of Christe and all manner godlines amongst their subiectes You frame an other reason vpon S. Paules woordes vnto the Bishops of Ephesus whereby to prooue that all gouernement in spirituall or ecclesiastical causes belongeth to Bishoppes and Priestes and not to Princes and Ciuill Magistrates thus you argue The holy ghost appointed all spirituall gouernement of Christes flocke vnto Bishops Priestes as the woordes spoken by S. Paule doo make full and perfecte declaration Ergo Kinges Quéenes and Princes may not claime or take vpon them any parte of Spirituall gouernement much lesse take the supremacie and chiefe parte of spirituall gouernement from them For answeare I denie this argument for it is a naughty and deceiptfull Sophistication called Fallacia aequiuocationis There is equiuocacion in this woorde Priestes and also in these woordes to gouerne and rule the Church of God This woorde Priest hath diuerse significacions which are to be obserued least the simple readers be confirmed or brought into errour thorough the equiuocation therein The Scripture speaketh of a priesthood after the order of A●ron after whiche order you will not confesse the Apostles and the Bishoppes their successours to be Priestes an other kinde of Priesthoode is after the order of Melchisedech and Christe onely without any successour in y ● Priesthood was the alone Priest of that order The thirde kinde is an holy and princely Priesthood of the which order not onely the Apostles and their true successours but also Kinges Quéenes Princes al manner of faithfull Christians are Priestes There is in cōmon opinion amongst the Papistes a fourth kinde which is a massinge sacrificing priesthood after which order Christes Apostles the true mynisters of his Church were neuer priests for y e order belongeth onely to y e Apostolical Clergy of y e Romishe Antichrist Yf your meaning therfore be y e Christ left any kinde of gouernment or rule of his Churche to Bishops Priestes after this popishe order your opinion is hereticall your assertion vtterly false Therfore where I shall afterwardes in my speaking cal the mynisters of Christes Churche Priestes I geue you to vnderstande y t I doo therin but follow y e vsuall accustomed kinde of speache which is impropre although in longe vse Likewise to gouerne and rule the Church of God is of twoo kindes sortes the one is by y ● supreme authority power of the swoorde to guide care prouide direct ayde Gods Church to further mainteine setfoorth the true Religion vnitie quietnes of Goddes Churche to ouersée visit refourme restraine amende correct all manner persones with all manner errours superstitions heresies schismes abuses offences contēptes enormities in or about Gods Churche Which gouernment rule apperteineth onely to Kinges Quéenes and Princes and not to the Apostles Bishops and Priestes wherof S. Paule speaketh nothinge at al in this sentence by you alledged to the Bishops of Ephesus The other sorte is to féede the flocke of Christ with the Spirituall foode of Goddes woorde which is the onely rule and gouernment that belongeth to the Apostles Bishops Mynisters of Christes Churche of none other manner rule speaketh S. Paule to the Bishops of Ephesus which he maketh most plaine both by y t expresse woordes of y e sentence auouched also by the whole circumstaunce of the same place The woorde y e S. Paule vseth doth proprely signifie to féede as the sheapeherde féedeth his shéepe by a figuratiue speach to guide gouerne or rule therefore if you would haue dealt plainly and haue vttered S. Paules meaning according to his propre speache where you say To gouerne and rule doubling the woordes as it were to amplifie the matter that the truth might lesse appeare you ought to haue saide to feede the Churche of God for that is the Apostles propre saying so the olde translatour of Chrysostome doth translate it vpon the Epistle to y e Ephesians also expoūding this same
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
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 beg●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 iudgemēt 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 ● ecclesiastical Canō 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 cōdemneth 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 frō 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 coūcels citeth Hosius also who enclineth to that purpose both of thē confessing y ● Constans Constantius Thēperours did cal al the Bishops to y e coūcel which he calleth Sardicēse consiliū about the accusatiōs crimes laid in against Athanasius And Theodoretus affirmeth y t this Emperour Cōstantius 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 coūcel as though his power had béene absolute without limites or boundes willinge them yea cōpelling 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 opēly reproue the Kinge for his wicked and vniust rule or cōmaundement 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 ●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 constitui●te hodie super gentes super regna vt euellas destruas disperd●s dissipes aedifices plantes Gregorius Nazianzenu● sermone de dictis Hieremiae ad Iulia●um Imperatorem Pu●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