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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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this moste Christian king He affirmeth that he is ashamed of hym selfe and of his owne slacknes when he doth consider the trauaill of kinges in gathering of soules to the celestial agayn Yea what shall I sayeth this Byshop of Rome to the king answer at the dreadfull doome when your excellencie shall leade after your selfe flockes of faithfull ones whiche you haue brought into the true faith by carefull and continuall preaching c. Although I haue medled and done nothing at all with you doing this altogether without me yet am I partaker of the ioye therof with you Neither doth Gregory blame this kyng as one medlyng in Churche causes wherin he is not Ruler but he prayseth God for him that he maketh godly constitutions against the vnfaithfulnes of miscreantes for no worldly respect wilbe perswaded to se thē violated Next after Sabinianus an obscure Pope enemy and successour to this Gregory succeded Bonifacius 3. Who although he durst not in playne dealing denie or take from the Emperours the authoritie iurisdiction in the Popes election and other Churche matters yet he was the first that opened the gappe thereunto for as Sabell testifieth with whom agree all other writers for the moste parte This Bonifacius immediatly vpon the entraunce into his Papacy dealte with Phocas to winne that the Churche of Rome might be head of al other Churches the which he hardely obteined bicause the Grecians did chalenge that prerogatiue for Constantinople After he had obteyned this glorious ambicious title of the bloudy tyrant Phocas and that with no smal bribes like vnto one that hauing a beame in his owne eie went about to pul the mote out of his brothers he made a decree that euery one should be accursed that prepared to himselfe a way into the Papacy or any other Ecclesiastical dignitie with frendship or bribery Also that the Bishops in euery city should be chosen by the people and Clergy and that the election should be good so that the Prince of the City did approue the party by them chosen and the Pope adding his authoritie therto had ones saide volumus iubemus we will and commaunde But saith Sabell both these decrees are abolished Nowe began this matter to brue by litle and litle first he obteined to be the chiefe ouer all the Bishoppes then to couer vice with vertue and to hide his ambicion he condemned all ambicion in labouring Spirituall promocion and in the election of Bishoppes where the confirmation before was in the Emperours bicause the Emperour gaue him an Inche he toke an elle bicause he had giuen him a foote he would thrust in the whole body and tourne the right owner out For leuing out y e Emperour he putteth in the Princes of the Cities from whome he might as easely afterwardes take away as for a shew he gaue falsely that vnto them that was none of his to giue graunting vnto them the allowance of the electiō but to him selfe y e authoritie of ratifiyng or infringing the same choose them whether they would allowe it or no. And to shewe what authoritie he would reserue to him selfe borowing of the tyrant speaking in the singuler nōbre Sic volo sic iubeo So wil I so do I cōmaunde for the more magnificence in the plural nombre he princely lappeth vp all the matter with volumus iubemus we wil and cōmaūde Which wordes like the Lawe of the Medes Persians y t may not be reuoked if they once passe through the Popes holy lippes must nedes stand allowe or not allowe who so list with ful authoritie the matter is quite dashed But thākes be to God for al this the decree is abolished foloweth immediatly For shortly after Isacius y e Emperours Lieutenant in Italy did confirme ratifie the election of Seuerinus the first of that name for saith Platina The election of the Pope made by the Clergie and people in those daies was but a vaine thing onles the Emperour or his Lieutenant had confirmed the same ▪ Sisenandus the king of Spain calleth forth of al partes of his dominions the Bishops to a City in Spaine called Toletum The purpose and maner of the kynges doynges in that councell the Bishoppes them selues set forth first as they affirme They assemble together by the praeceptes and commaundement of the king to consult of certeine orders of discipline for the Churche to refourme the abuses that were crept in about the sacramentes and the maners of the Clergie The king with his nobles commeth into the councell house He exhorteth them to carefull diligence that thereby all errours and abuses may be wypt away cleare out of the Churches in Spayn They folowe the kinges direction and agree vpon many holsome rules When they haue concluded they beseche the king to continue his regiment to gouerne his people with iustice and godlines And when the king had geuen his assent to the rules of discipline which they had agreed vpon they subscribed the same with their owne handes The like Synode Chintillanus kyng of Spayne did conuocate at Toletum for certein ceremonies orders and discipline whiche was confirmed by his precept and decree in the first yere of his reigne And an other also by the same king and in the same place and for the like purpose was called and kept the second yere of his reigne Chindasuindus king of Spaine no lesse careful for Church matters and Religion than his predecessours appointeth his Bishoppes to assemble at Toletum in conuocation and there to consult for the stablishing of the faith Churche discipline whiche they did Reccessiunthus kinge of Spaine commaunded his Bishops to assemble at Toletum in the first yere of his reigne and there appointed a Synode wherein besides the Bishops and Abbottes there sate a great company of the noble men of Spayne The king him selfe came in amongst them he maketh a graue and very godly exhortation vnto the whole Synode he professed how carefull he is that his subiectes should be rightly instructed in the true faith and Religion He propoundeth the fourme of an Othe whiche the clergy and others of his subiectes were wonte to receiue for the assurance of the Kinges saulfty He exhorteth them to ordeine sufficiently for the maintenāce of godlines and iustice He mooueth his nobles that they will assist and further the good and godly ordinaunces of the Synode He promiseth that he will by his princely authoritie ratifie and maineteine what so euer they shal decree to the furtherance of true Godlinesse Religion The Synode maketh ordinaunces the clergie and nobilitie there assembled subscribeth them and the kinge confirmeth the same with his royal assent and authoritie He called twoo other Synodes in the same place for such like purpose in the seuenth eyght yéeres of his reigne Vitalianus beinge chosen Pope sente his messengers with Synodicall letters according to the Custome saith Gratian to fignifie vnto
owne peuish cauillatiōs This report is false that I shuld affirme y e Queenes Maiesties meaning in that othe to be far otherwise then the expresse wordes are as lye Verbatim This my constant Assertion that hir Highnesse minde meaninge is to take so muche and no more of Spiritual aucthoritie and power vpon hir than Kinge Henry and Kinge Edwarde enioyed and did iustly claime you vntruely feygne to be your obiection And that I shoulde affirme of most certaine and sure knowledge hir Maiesties minde or the very right sence of the Othe to be otherwise than it is plainely set foorth is a malicious sclaunder whereof I will fetche no better proofe then the testimonie of your owne mouthe Ye confesse that the interpretation folowinge was penned and written by me to declare the very righte sence and meaninge of the othe wherein ye haue acquited me and condemned your selfe of a manifest vntruthe For the right sence and meaning declared in the interpretation that I made and you haue set foorth doth plainely shewe the cleane contrary if you marke it well to all that you haue here set foorth in my name vnder the title of my resolucions to your scruples Furthermore in the Preface to your forenamed pointes ye haue declared by woorde and wrytinge that I did require you presently to sweare by othe to acknowledge her highnes to be the onely supreame gouernour in all Spirituall or Ecclesiasticall thinges or causes If this be true that you haue said it is manifest by your owne confession that I declared her Maiesties meaninge in that Othe to be none otherwise than the expresse wordes are as they lye verbatim For when I showe her meaninge to be that ye should acknowledge in her highnes the only supreamacie I doo declare plainely that she meaneth to exclude all other men from hauinge any supreamacie for this exclusiue only can not haue any other sense or meaning And whan I adde this supreamacie to be in all spirituall causes or thinges I shewe an vniuersall comprehension to be meant without exception For if ye excepte or take away any thing it is not all And you your selfe tooke my m●aning to be thus For ye chalenge me in your seconde chiefe point and call for profe hereof at my hand whiche ye woulde not doo if it were not mine assertion meaning For why should I be driuē to proue that which I affirme not or meant not Besides these in your whole trauaile folowing ye labour to improue this as you say mine assercion to wit that all Spirituall iurisdiction dependeth vpon the positiue Lawe of Princes If this bee mine assercion as ye affirme it is and therefore bende all your force to improoue it ye witnes with me against your selfe that I declared her Maiesties meaning was to take neither more nor lesse authoritie and iurrsdiction vnto her selfe than kynge Henry and kinge Edwarde had for they had no more than all And if her Maiestie take any lesse she hath not al. Touchinge therefore these false feined and sclaunderous resolucions as they are by you moste vntruly forged euen so whether this bee likely that in a yeres space welnigh I would not in all our daily conference make one reason or argument out of the Scriptures or other authoritie in the maintenaunce of mine assercion and to resolue you in the same I referre to the iudgement of all the Papistes in the Realme that knowe both me and you Againe though ye doo denie that I so did therefore do report none there bee many both worshipfull and of good credit yea and some of your owne déer friendes also that are witnesses of our talke can tell what reasons I haue made vnto you bothe out of the Scriptures and other authorities and proofes out of the Churche histories suche as ye coulde not auoide but were forced to yelde vnto And whether I should so doo or not I might referre me vnto the testimonie of your owne mouthe both than and sithen spoken to diuerse that can witnesse y e same that ye affirmed this although vntruly that you neuer found any that so muche ouerpressed you as I did whiche your saiyng although most vntrue yet it showeth that somewhat I said to confirme mine assertion and to confute yours M. Fekenham Hereunto I did make this obiectiō folovving These vvorde of the first part of the othe I. A. B. doo vtterly testifie and declare in my cōscience that the Q. highnes is the only supreme gouernour of this Realme as vvel in al Spiritual or Ecclesiastical thinges or causes as Temporal ▪ Besides the particulers expressed in your L. interpretation made thereof they doo by expresse vvordes of the acte geue vnto the Queenes highnes all maner of iurisdictiōs priuileges and preheminēces in any vvise touching and concerning any concerning any Spiritual or Ecclesiasticali iurisdiction vvithin the Realme vvith an expresse debarre and flat denial made of al Spiritual iurisdictiō vnto the Bishops thereof to be exercised ouer their flockes and cures vvithout her highnes Speciall commission to be graunted thervnto They hauing by the expresse vvorde of God cōmission of Spiritual gouernment ouer them commission to lose and bind their sinnes Commission to shut and opon the gates of heauē to them Commission to geue vnto them the holy ghost by the impositiō of their hādes And thei hauing by the expresse vvord of God such a daungerous cure and charge ouer their soules that God hath threatned to require the bloud of suche as shall perishe at their handes Notvvithstanding these and many such other like commissions graunted vnto them for the more better discharge of their cures and that by the mouth of God they may not exercise any iurisdiction ouer them they may not visit them they may not reforme them they may not order nor correct them vvithout a further cōmission from the Q. highnes Surely my good L. these thinges are so straunge vnto me and so contrary to all that I haue rede that I am not hable to satisfie my conscience therein Youre L. aunsvver vvas that for as muche as all Spirituall iurisdiction and authoritie to make Lavves and to iudge the people in courtes Ecclesiasticall to visit them to reforme them to order and correct them doth depende onely vppon the positiue Lavves of Kinges and Princes and not vpon the Lavve of God Therfore neither did the Apostles of Christe neither the Bishoppes and their successours may exercise any iurisdiction vpon the people of God iudge thē visite them refourme order and correct them vvithout authority and commission of the King and Prince The B. of Wynchester It is very true that after yée had quarelled muche in sondry thinges touchyng woordes and termes expressed in the Act of Parliament and in the interpretation of the Othe Yée did neuerthelesse finally agrée in the whole matter thereof finding onely doubt in one pointe of mine assertion namely touchyng iurisdiction Spirituall or Ecclesiasticall all whiche you affirmedcon trary
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
Hosius a great learned and godly Bishop of Spaine to take order and to appeace the contention writinge to Alexander and to Arius a graue also a sharpe letter chardging Alexander with vanitie Arius with want of circumspection shewing them both that it was vnséemely for the one to moue suche a question and for the other to answeare therein vndiscreetly doone of them both And therfore commaundeth them to cease of from suche contentious disputatiōs to agree betwixt them selues to lay aside from thencefoorth such vaine and trifeling questions He pacified also the Schisme at Antioche begonne about the choosinge of their Bishop to whome for that purpose he sente honorable Embassadours with his letters to a great number of Bishoppes that than were at Antioche about that busines and to the people exhortinge them to quietnes and teachinge them saith Eusebius to studie after godlines in a decent manner declaringe vnto the Bishoppes as one that had authoritie ouer thē euen in suche matters what thinges apperteined and were séemely for them to doo in suche cases and noteth vnto them a direction which they should followe And after he had saith Eusebius geuen suche thinges in cōmaundement vnto the Bisshoppes or chiefe mynisters of the Churches he exhorted them that they woulde doo all thinges to the prayse and furtheraunce of Goddes Woorde This supreme authoritie of the Emperour in Church causes is moste liuely expressed by S. Augustine Eusebius where they make mencion of the horrible Schisme stirred by the Donatistes against Cecilianus Bishop of Carthage whose election and orderinge to be Bishoppe of Carthage Donatus and others of his companions misliked and therefore made a Schisme in that Churche The question in controuersie was whether Cecilianus beyng ordered Bishop hauinge the imposicion of handes by Felix were Lawfully consecrated and ordred or not This controuersie made a lamentable trouble amongest the Churches in Aphrike At the length the Donatistes accused Cecilian vnto the Emperour desired the Emperour to appointe some Delegates to iudge of this controuersie And for that all the Churches in Aphrique were banded either to the one party or the other and for that Fraunce was frée from this contention they require iudges to be appointed by his authoritie from amongest the Frenche Bishoppes The Emperour muche grieued y e the Church was thus torne in sundre with this schisme doth appoint Melciades Bishop of Rome and Marcus to be his delegates commissaries in this controuersie with certaine other Bishoppes of Fraunce Melciades colleages or fellowe Bishoppes whom the Emperour had cōmaunded to be there with them for that purpose These commissioners with certaine other Bishoppes accordinge to the Emperours commaūdement met at Rome and after due examinacion had doe condemne the Donatistes and pronounce Cecilianus cause to be good From this sentence of the Bishop of Rome and other Bishoppes his colleages being the Emperours delegates the Donatistes appeale vnto the Emperour not onely accusinge Cecilianus but also Melciades the Bishop of Rome and the other Commissaries Wherfore the Emperour causeth a Synode to be had at Arclatum committinge the cause to the Bishop thereof and other Bishoppes assembled there by his commaundement to be herde and discussed Whereunto he calleth Crestus the Bishoppe of Syracufe a Citie in Sicily by his letters Wherein he declareth in plaine termes that it belongeth to his imperiall cure to sée these controuersies in Church causes to be determined and ended Donatus his companions beinge condemned also by these Bishoppes in the Synode at Arclatum and Cecilianus cléered doo againe appeale vnto the Emperour from their sentence besechinge him to take the hearinge discussinge of the controuersie Who called both the parties together before him selfe at Millayne and after he had herde the whole matter what was to be saide on both sides he gaūe finall sentence with Cecilianus cōdemning y e Donatistes Who after all these thinges thus done as S. Augustine faithe made a very sharpe Lawe against the Donatistes the whiche also his Sonnes after him commaunded to be obserued Athanasius also that moste godly Bishop being ouer muche wronged in the Councell at Tyre did ●lie and àppeale from the iudgement of that Synode vnto Constantine the Emperour declaringe vnto him his griefes beséechinge him to take the hearinge of the matter before him selfe whiche the Emperour assented vnto writinge vnto the Synode assembled at Tyre commaunding them without delaie to come vnto his Courte and there to declare before me saithe this moste Christian Emperour whome yee shall not denie to be Goddes syncere mynister howe sincerely and rightly yee haue iudged in your Synode When this Synode was assembled at Tyre the Catholique Bishoppes of Egipt wrote vnto the honorable Flauius Dionysius whome the Emperour had made his Lieutenaunt to sée al things well ordered in that Councell and did desire him that he would reserue the examinacion and iudgemēt to the Emperour him selfe yea they doo adiure him that he doo not medle with their matter but referre the iudgement therof to the Emperour who they ●●ne we well woulde iudge rightly accordinge to the right order of the Churche There were no Churche mattiers or Ecclesiasticall causes wherein the continuall practise of the Churche of Christe in this Emperours time yea and many hundreth yéeres after did not attribute the supreme rule order and authoritie vnto Emperours and Kinges vppon whome all Churche mattiers did depende as witnesseth Socrates who sheweth this reason of that he doth thoroughout his Eccesiasticall History mention so much the Emperours Bicause that of the Emperours saith he after they beganne to be Christians the Churche matters doo depende yea the greatest Councelles haue beene and are called together accordinge to their appointment Eusebius commendeth the great bountifulnes of Constantine towardes al estates But saithe he this Emperour had a singuler care ouer Coddes Churche for as one appointed of God to be a common or vniuersall Bysshop he called Synodes or conuocations of Goddes mynisters together into one place that thereby he might appeace the contentious striainges that were amonge them in sundry places He disdayned not to be present with them in their Synodes and to sit in the middest of them as it had beene a meaner personnage commendinge and approuinge those that bente themselues of good meaninge to godly vnitie and shewed him selfe to mistike on the other side and to set naught by suche as were of contrary disposition The Ecclesiasticall histories make mention of many Synodes or councelles called or assembled at the appointment and order of this Emperour But the most famous and notable was the Nicene councell about the whiche consider and marke what was the occasion by whose authoritie it was summoned and called together and what was the dooynges of the Emperour from the beginninge vnto the dissolueion thereof and yée shall sée plainely as in a Glasse that by the order and practise of the
enstructe you others also that they doo the same Firste of all euery preacher muste preache in generall that they beleeue the Father the Sonne and the holy Ghoste to be an omnipotent God c. And so learnedly procéedeth thorough all the articles of our Faithe after whiche he commeth to the conuersacion of life c. And wee doo therfore more diligently enioine vnto you this thing bicause wee knowe that in the latter daies shall come false teachers as the Lorde him selfe hath forwarned and the Apostle Paule to Timothe doth witnes Therfore beloued let vs furnishe our selues in harte and minde with the knowledge of the trueth that wee may be able to withstande the aduersaries to trueth and that thorough Goddes grace Goddes woorde may encrease passe thorough and be multiplied to the profite of Goddes holy Churche the Saluation of our soules and the glory of the name of our Lorde Iesus Christe Peace to the preachers grace to the obedient hearers and glory to our Lorde Iesus Christe Amen This noble Prince was mooued to take vpon him this gouernment in Ecclesiastical matters causes not of presumption but by the woorde of God for the dischardge of his princely duety as he had learned y e same both in the examples of godly kings cōmēded therfore of the holy ghost also by the instructions of the best learned teachers of his time whereof he had great stoare especially Alcuinus an Englisheman of greate learninge who was his chiefe Scholemaister and teacher whome as Martinus telleth Charles made Abbot of Towers Amongst other many notable volumes this Alcuinus writeth one entituled De Fide Sanctae in diuiduae Trinitatis whiche as moste méete for him to know he dedicateth to Charles the Emperour He beginneth his epistle dedicatory after the salutation superscription thus Seeinge that the Emperial dignitie ordeined of God seemeth to be exalted for none other thinge then to gouerne and profite the people Therfore God doth geue vnto thē that are choosen to that dignitie power and wisedome Power to suppresse the proude and to defende the humble against the euill disposed wisedome to gouerne and teache the subiectes with a godly carefulnes VVith these twoo giftes O holy Emperour Gods fauour hath honoured and exalted you incōparably aboue your aūcestours of the same name and authoritie c. VVhat than what must your carefulnes most deuoutly dedicated to God bringe forth in the time of peace the warres beinge finished when as the people hasteneth to assemble togeather at the proclamation of your cōmaundement he meaneth that he expresseth afterwarde by this assembly or concourse the councell that was nowe in hande assembled as he saith Imperiali praecepto by the Emperours precept And waiteth attentiuely before the throne of your grace what you will commaunde to euery persone by your authoritie what I say ought you to doo but to determine with all dignitie iuste thinges whiche beinge ratified to set them foorth by cōmaundement and to geue holy admonitions that euery man may retourne home mery and gladde with the precept of eternall Saluation c. And least I should seeme not to helpe and further your preachinge of the Faithe I haue directed and dedicated this booke vnto you thinkinge no gifte so conuenient and woorthy to be presented vnto you seeinge that all men knowe this moste plainely that the Prince of the people ought of necessitie to knowe all thinges and to preache those thinges that please God neither belongeth it to any man to knowe better or m●e things than to an Emperour whose doctrine ought to profit all the subiectes c. All the faithful hath great cause to reioyce of your godlines seing that you haue the priestly power as it is mete so to bee in the preaching of the worde of God perfect knowledge in the Catholique faith and a most holy deuotion to the saluation of men This doctrine of Alcuinus whiche no doubte was the doctrine of all the catholique and learned fathers in that time cōfirmeth wel the doinges of Charles and other Princes in calling councelles in making decrees in geuing Iniunctions to Ecclesiastical persons and in ruling and gouerning them in all Ecclesiasticall thinges and causes If the gouernement of this most Christian Prince in Ecclesiastical matters be well considered it shall well appeare that this Charles the great whom the Popes doo extolle as an other great Constantine patron vnto them as he was in deede by enriching the Churche with great reuenues and riches was no whit greater for his martial Prince-like affaires in the politique gouernaunce than for his godly ordering disposing the Churche causes although that in some thinges he is to be borne with consideringe the blindnes and superstition of the time Although herein Lodouicus Charles his sonne were somwhat inferiour to his father Yet not withstanding he reserued these Ecclesiasticall causes to him selfe with no lesse care he ordred the same although in some things being a very milde Prince he winked and bare ouermuch with the ambition of the Popes Shortly after whan as the foresaid Leo was departed was Stephen next elected Pope and without the confirmation of the Emperour tooke the Papacy vpon him All the histories agree that he came shortly after into Fraunce to the Emperour but wherfore most of them leaue vncertaine Platina thinketh to auoyde the hurley burley in the Citie that was after the death of Leo. Sabellicus thinketh the Emperours coronation to be the cause Nauclerus saith he went in his owne persone vnto the Emperour Lodouike about or for the Churche matters whiche proueth that the Emperour had chiefe authoritie in ordering the Churche busines But our English Chronicles as some writers affirme doo plainly declare that his comming into Fraunce was to make an excuse of his vnlauful consecration against the decrees made to Charles by his predecessours Adrian and Leo fearing therefore the fequele of the matter he first sent his Legates before him to be a preparatiue to his purgation and afterwards came him self to craue his pardō And the rather to please Themperour brought a most beautiful crown of gold for him and an other for the Empresse wherof folowed as Nauclerus saith Omnia quae petiit à pio Imperatore obtinuit he obteined whatsoeuer he asked of the godly Emperour Nowe when Stephen had dispatched all his matters he retourned home and shortly after an other Ecclesiastical cause happened for within a while the Bishop of Reatina died and there was an other chosen And when the sea of Reatina saith Nauclerus was voide the Pope would not consecrate the elect Bisshop onles he had first licēce therto of the Emperour The circumstances of this story make the matter more plaine The erle Guido had writen vnto Pope Stephen to consecrate that Bishop whom the Clergy and the people had elect but the Pope durst not enterprice the matter till he were certified of y e Emperours pleasure therupon wryteth
had no Christiā Prince or Magistrate Constantinus as I haue saide was not the first Christian king But he was the very first Emperour as your owne writers doo witnesse that gaue Bishoppes authoritie to iudge and exercise iurisdictiō ouer their Clergie and that gaue to the Bishop of Rome power and authoritie ouer other Bishoppes as Iudges haue the king ouer them and that gaue to him power and iurisdiction ouer all other Churches if that Donacon be not forged whiche Gratian citeth And Petrus Bertrandus a Bishop a Cardinal and one of your best learned in the Canon and Ciuill lawes in his treatise De origine iurisdictionum affirmeth that Theodosius and Carolus Magnus did graunte vnto the Churche all iudgementes For the proufe whereof he auoucheth diuerse decrées and addeth That such graūtes were afterwardes abrogated M. Fekenham At the first councel holden at Hierusalem for the reformation of the controuersy that vvas than at Antioche touchinge Circumcisiō and the obseruation of Moses Lavve decree vvas made there by the Apostles and Priestes vnto the beleuers at Antioche that they shoulde absteine from these fovvre chiefe and necessary thinges viz ab immolatis simulachrorum à sanguine suffocato à fornicatione à quib custodientes vos bene agetis The vvhiche first councell vvas there assembled by the Apostles of Christ The Decrees and Lavves vvere made there by them The controuersy at Antioche vvas by them reformed ordered and corrected vvithout all commission of any temporal Magistrate King or Prince The B. of Wynchester God be thanked that S. Luke maketh to vs a sufficient report of this councell who maketh no mencion of any Priest there present as you vntruely report onles ye will thinke he meant the order of Priestes whan he named the faction of the Pharisées Whether the Apostles called this councell or not or that the Congregation being assembled together in their ordinary sort for praier preaching and breaking of bread Paulus and Barnabas with the others sent to Hierusalem did declare the cause of their message before the whole Churche which is more likely I will not determine bicause S. Luke maketh no mention thereof But if it be true that ye affirme that the Apostles called or assembled this Councell Then was it not the authoritie or Acte of one Apostle alone Besides this if the Apostles called this councell they called they Layte so wel as the Clergie to the councell yea as may séeme probable mo of the Laytie than of the Clergie The decrées were not made by the Apostles alone as you falsely feyne For S. Luke saith the decrée was made by the Apostles Elders and the whole Congregation The Apostles I graunt as was moste conuenient with the Elders had the debating arguing and discussing of the question in cōtrouersie They declared out of the holy Scriptures what was the truthe And I doubt not but they declared to the Church what they thought most conueniēt to be determined But the determination and decrée was by the common consent both of the Apostles Elders and people Therfore this controuersy was reformed ordered and corrected not by the authoritie of the Apostles alone without the Elders neither they togeaher did it without the assent of the Churche and so this allegation maketh no deale for your purpose but rather cleane against it M. Fekenham The Apostles also hearinge at Hierusalem that Samaria had reciued the vvoorde of God they did sende Peter and Iohn to visite them to confirme them in faythe and that they might receiue the holy ghost by the imposition of their hands Paule and Barnabas did agree betvvixt them selues to visite al those Cities and bretheren vvhiche they had conuerted to the faithe The vvoordes of the Scripture are these Dixit ad Barnabam Paulus reuertentes visitemus fratres per vniuersas Ciuitates in quibus praedicauimus verbum Domini quomodo se habeant In the vvhiche visitation the Apostle Paule Electo Sila per ambulabat Siriam Cil●●iam confirmans Ecclesias praecipiens custodire praecepta Apostolorum seniorum By the vvhiche vvoordes it right vvell appeareth hovve the Apostles and Priestes at Hierusalem ouer and besides the Ghospell vvhiche they taught they did make certeine Decrees Lavves and ordinaunces the vvhiche the Apostle Paule in his visitation gaue commaundement to the Syrians and Silicians to obserue and keepe VVhat Lavves and orders did the Apostle make and appoint vnto the Corinthiās that men should neither praie nor preache in the Churche vvith their heades couered VVhat reformation and order did he make and appoint vnto them for the more honourable receiuing of the Sacrament and that partly by vvriting and partly by vvoorde of mouthe saying Caetera cum Venero disponam and in his seconde Epistle to the Thessalonians he saith Fratres state tenete traditiones quas didicistis siue per fermonem siue per Epistolam nostram VVhat orders and Decrees did the Apostle Paule make touching praiyng and preaching vnto the people in tongues vnknovven and that al vvomen should keepe silence in the Churche and Congregation These and many suche other like Lavves orders and Decrees vvere made for the reformation of the people in the Churche of Christ by Christes Apostles by Bishops and priestes as the successours of them and that vvithout all commission of any Temporal Magistrate Emperour King or Prince Constantinus being the first Christian Emperour like as I haue saide The B. of Wynchester Your whole drifte in this parte is to proue that Bishoppes and Priestes may visite geue the holy Ghoste by the imposition of their handes and make lawes orders and decrees to their flockes and cures Your proufe consisteth in the example of the Apostles and this is your argument The Apostles visited gaue the holy Ghost and made Lawes orders and decrees vnto their flockes and cures Ergo Bishoppes and Priestes haue authoritie and may make Lawes visit geue the holy ghost to their flockes and cures The insufficiency of this consequent doth easely appeare to those that doo consider the state and condicion of the Apostleship and compare therwith the office of a Bishop or Priest The Apostles did might and could doo many thinges that Bishoppes and Priestes neither may nor can doo The matter is more plaine than that needeth any proufe But as the sequele faileth in forme so let vs consider the matter wherupon ye grounde the sequele that your friendes may see what foule shiftes ye are driuen to make for the maintenaunce of an vniust claime That the Apostles did visite their cures and flockes you proue by two places of the Actes in the first place ye feine the Scriptures to saie that it sayeth not for in the eight of the Actes there is no mencion made of any visitation the other place speaketh only of a Scripturely visitation and nothing at al of your Forinsecall or Canon Lawe visitation The Canon Lawes visitatiō is to be exercised by a great nomber of such persons
as yee vntruely auouche and in the. 14. yee shoulde haue perceiued that he in plaine speeche proueth you a Lyar For that he denieth that these were his orders or decrees affirminge them to be the Lordes commaundementes and so dooth Theophilact Gloss ordinar and Lyra witnesse also with Paule testifiynge that these were his woordes and meaninge These places thus rightly considered it may easily appéere vnto the most vnskilfull how little your purpose is holpen by them that these groundes do faile you So that your whole shifte beynge sifted is founde naught both in matter and fourme M. Fekenham The vvhich noble Emperour Constantinus for the repres●●on of the Arians errours and heresies he did at the request of Syluester then Bishop of Rome call the first councell at Nice vvhere he had to the Bishops there assembled these vv●ordes Cum vos Deus sacerdotes constiturit potestatem tradidit iudicandi de nobis Et ideo nos à vobis recte iudicamur Vos autem cum nobis à Deo di●datisitis ab hominibus iudicari non potestis c. Valen tianus Imperator cum ille rogatus esset ab Episcopis Hellespōti Bythiniae vt interesset consilio respondit Mihi quidem cum vnus de populo sim fas non est talia perscrutari verum sacerdo●es quibus haec cura est apud s●metipsos congregentur vbi voluerint Theodosio Imperatori Ambrosius ingressu intra cancellos templi inte●dixit inquieps In teriora ô Imperator sacerdotibus solis patent c. Cui egi● ob id gratias Imperator asserens se didicisse discrimen inter Imperatorem sacerdotem The B. of Wynchester It is manifest that Constantine called the first Nicene councell but very vnli●●ly that he did it at the request of Syluester b●cause this Councell was not in the time of Syluester but whiles Iulius was Bishop of Rome who by reason of his great age coulde not be there present in his owne persone and therfore sent in his stéede Vitus and Vincentius ▪ as the Ecclesiasticall histories reporte and Epiphanius affirmeth that Constantine called this Councel at the earnest su●e of Alexander Bishop of Alexandria whereto Ruffinus addeth many other of the Cleargy also But if it be true as yée say that the Emperour called the Councell at the request of the Pope than bothe those P●pistes are L●ars which affirme that the Pope called this councell and your cause by your owne confession is muche hindered for if the Emperour called the Councell and that at the request of Syluester the Pope as y●e say or at the earnest suite of Alexander and other godly Bishops as Epiphaniu● and 〈◊〉 affirme It appeareth plainely that both the Pope and the other catholike Bishops did therby acknowledge the supreame power and authoritie to sommon and call councels whiche is a principall part of your purpose and of y e Ecclesiastical iurisdiction cohibitiue to be in the Emperour and not in them selues for otherwise they might and would haue doone it by vertue of their owne office without any suite made to the Emperour to execute that whiche belonged vnto them selues The Emperour refused to iudge the quarreling accusations of the Bishops assembled at the Nicen councell one quarreling and accusing an other referred the iudgement of them to Christ This was his modestie Policy and prudent foresighte least by sifting those priuate quarelles he might haue hindered the common cause as I haue said before and is plainely to be gathered of Ruffinus and Nicephorus and not for that he thought his authoritie might not stretche so farre as to iudge the Priestes and their matters as ye would haue it to séeme for as he him selfe protesteth this aboue all other thinges to be the chiefe scope and ende of his Emperiall authoritie namely that the catholique Churche be praeserued in vnitie of faith sinceritie of loue concorde in godly Religion and that the diseases therein ▪ as Schismes Heresies c. might be healed by his mynistery euen so forsoke he no occasion or meane whereby to woorke foorth this effect of his ministery and office whether it were at some time by relēting and remittinge some what of his authoritie or by exercising the same to the vtmost in al matters ouer all persones He thought it the best for this time by relentinge to beare with the weakenes of those fathes thereby the better to encourage them to standefast and ioyntly against the common enemy for the furtheraunce of the truthe But afterwarde whan the councel or Synode was assembled at Tyre by his commaundement and that Athanasius had made complaint vnto him of the vniust dealing of that coūcel to deface the truthe the Emperour did exercise the ful authoritie of his ministery called al y e Bishops vnto him to this ende y e he by his supreme authority might examine their doings iudge of the whole councel whether they had iudged vprightly and dealt sincerely or not This he did at the suite of the most godly Bishop Athanasius who woulde not haue attributed this authoritie to the Emperour if it had not apperteined to his iurisdictiō to haue iudged the Bishops and their doings neither would the catholique fathers of that time haue suffred this and many other suche like doinges of this most Christian Emperour to haue passed without some admonition or misliking if thei had not acknowledged the authoritie in him to be lawfull He commaunded the Bishops euery where to assemble at his appointment where and whan he would He sharply reproued Alexander Bishop of Alexandria and Arius for the cōtention stirred vp by them He iudged Caecilianus Bishop of Carthage to be lawfully consecrated and ordered and condemned the Donatistes And these Bishoppes assembled at the Nicen councell by his commaundement of whom ye speake acknowledged the Emperour to haue authoritie to iudge them and their causes or els they had doone folishly to offer their billes of complaint vnto him whom they thought had no authoritie or might not iudge and determine them But in case it were true that the Prince might not iudge the Priestes nor their causes what conclude you thereof You can not conclude your purpose for this is no more a good consequent Constantinus would nor coulde lawfully iudge the Priestes assembled at Nicen councell Ergo Bishoppes and Priestes may call councelles make Lawes orders and decrees to their flocke and cures and exercise all manner iurisoicciō cohibitiue Then this Yorke standeth but. iij. myles from Pocklington Ergo your pocket is full of plummes of the like fourme also are the consequentes that yee make vpon the histories of the Emperours Valentinian and Theodosius And as you can not fasten your purpose by any good sequele vpō these histories so that history that ye alledge of Valentinian maketh muche again your purpose First it is vncertein and may be doubted whether this aunswere that ye affirme to be Valentinians were his or Valens the