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
AN ANSVVEARE Made by Rob. Bishoppe of VVynchester to a Booke entituled THE DECLARATION OF SVCHE Scruples and staies of Conscience touchinge the Othe of the Supremacy as M. Iohn Fekenham by vvrytinge did deliuer vnto the L. Bishop of VVinchester vvith his Resolutions made thereunto DEC C. 23. Q. 5. Let the Princes of the worlde knowe that they of duetie shal rendre an accompte to God for the Church whiche they haue taken of Christe to praeserue For whether the Peace and Discipline of the Churche be encreased by faithfull Princes or it be loosed he dooth exacte of them an accompte who hath deliuered his Churche to be committed to their power Imprinted at London in Fleetstreate at the signe of the Oliphante by Henry VVykes Anno. 1566. The Praeface IT is nowe an whole yéere paste since I herde of a booke secretely scattered abroade by M. Fekenham emonge his fréendes And in April laste I came by a copie therof When I had redde the booke and perceiued bothe the matter and the maner of the mannes dooynges therein I sawe his proofes so sclendre and his maner of dealinge so shameles that I stoode in doubte what to doo whether to discouer the man by writinge or to shake him of with silence If I had not séene a further meaninge in his settinge foorth and publishinge the booke then he durste plainely vtter or then his cunninge coulde by any meanes Answeare vnto or then that I with a good conscience mought haue neglected I woulde haue paste it ouer with silence as a péece of woorke not woorthie of Answeare But séeing the chiefe ende and principall purpose intended as may be iustly gathered in publishyng the booke was to ingrafte in the mindes of the subiectes a mislikyng of the Quéenes Maiestie as though she vsurped a power and authoritie in Ecclesiasticall matters whereto she hath no righte to sclandre the whole Realme as though it were stranged and directly against the Catholike Churche renouncinge and refusinge to haue Communion therewith And vndre my name to deface the mynisters of Christes Churche I coulde not choose oneles I woulde wilfully neglect my duetie to her Maiestie shewe my selfe ouermuch vnkinde vnto my natiue Countrey and altogeather become carelesse of the Churche Mynisterie but take penne in hande and shape him a ful and plaine answeare without any curiositie Wherein I folowe the order of M. Fekenhams booke I make the proofes accordyng to his request and besides my proofes foorth of the Scriptures the auncient Doctours the Generall councelles and Nationall I make proofe by the continuall practice of the Churche in like gouernement as the Quéenes Maiestie taketh vpon her and that by suche Authors for a great sort of them as are the more to be credited in this matter for that they were moste earnest fautours of the Romishe sea infected as the times weare with muche superstition and did attribute vnto the sea of Rome and so to the whole Cleargie so muche authoritie in Churche matters as they mighte and muche more then they ought to haue done Their iudgementes and sentences shall appeare in readinge by the forme of letter for leuinge foorth the Latine to auoide tediousnes I haue put into English the Authours mindes and sentences and caused them for the moste parte to be Printed in Latine letters that the English reader may know and decerne the Authours sayinges from mine If this that I haue done woorke that effect in the Englishe Reader whiche he ought to séeke and I doo wishe I haue wonne that I wrought for but otherwise let men saie and iudge what they liste I haue discharged my conscience and shewed the trueth Anno Domini 1565. Feb. 25. Rob. Wynchester AN ANSVVEARE TO Maister Io. Fekenham Maister Fekenham The declaracion of such scruples and stayes of conscience touchyng the Othe of Supremacie as M. Iohn Fekenham by vvritinge did deliuer vnto the L. Bisshop of VVinchester vvith his resolutions made thereunto The Bisshop of Wynchester THe proprety of him that meaneth to declare rightly any matter doone is to set foorth the trueth without malice to obserue the due circumstances of the matter persones times and to vse simple plainesse without guileful ambiguities This Title is so replenisshed with vntrue reporte ambiguous sleightes without the note of any necessary circūstance y t there is not almost one true woorde therein wherby you geue at the first a taste to the indifferent reader what he must looke for in the sequele You pretende and would haue your friendes to thinke that the first fower chiefe pointes set foorth in your booke were deuised by you put in writing and so deliuered vnto me as the matter and grounde whereuppon the conference to be had betwixt me you should stande And that I made therunto none other but suche resolucions as it hath pleased you vntruely to report In the first parte you conueigh an vntrueth vnder a coulorable and ambiguous meaning in these woordes as M. Iohn Fekenham by vvritinge did deliuer vnto the L. Bisshop of VVynchester In the other parte you make an vntrue reporte without any coloure at all I doo graunt and will not denie that you deliuered to me a booke whiche I thanke God I haue to shewe whereby to disprooue you The same will declare the time when the place where the occasion wherefore the personnes to whome the booke was written and what is the matter in generall therein conteyned Whereunto must be added at what time the same was deliuered vnto me vpon what occasion and to what ende All whiche circumstances you omitte in your booke published least you shoulde haue bewrayed your selfe and haue appeared in your owne likenesse The booke by you deliuered vnto me touchinge the Othe was writen in the Tower of London as you your selfe confessed and the true title thereof doth plainely testifie in y e time of the Parliament holden Anno quinto of the Q. Maiestie Ianuarij 12. at whiche time you litle thought to haue soiourned with me the winter followinge much lesse meante to deliuer me the scruples and staies of your conscience in writinge to be resolued at my handes And although you woulde haue it seeme by that you haue published abroade that the cause why you wrote was to be resolued at my hande yet the trueth is as you your selfe reported that you your Towerfellowes hearinge that the Statute mooued for the assuraunce of the Quéenes royall power would passe be established did conceiue that immediatly after the same session Commissioners should be sente vnto you to exact the othe Wheruppon you to be in some areadines to withstande and refuse the duetie of a good subiect not without healpe of the rest as may be gathered deuised the matter conteyned in the booke committed the same to writinge and purposed to haue deliuered it for your aunsweare touchinge the Othe of the Supremacie to the Commissioners if they had come This may appeare by the title of that booke that you firste
Augustine or rather of Christes catholique Churche vttered by hym againste the Donatistes touching the Seruice authoritie power and care that kynges haue or ought to haue in causes spirituall or ecclesiasticall the whiche is also the iudgement of Christes catholique Church now in these dayes mainteined and defended by the true mynisters of the same catholique Churche againste all Popishe Donatistes with the force of Gods holy woorde bothe of the olde and new Testament euen as S. Augustine did before Who to prooue and confirme this his assertion to bee true against the Donatistes did auouche many mo examples than I haue cited out of the olde Testament As of the kyng of Niniue of Darius Nabuchodonozor others affirmyng that the histories and other testimonies cited for this matter out of the olde Testament are partly figures and partly prophecies of the power duety and seruice that kynges should owe and perfourme in like sorte to the furtherance of Christes Religion in the time of the new Testament The Donatistes in the defence of their heresy restrayned S. Augustine to the example and testimony of such like order of Princes Seruice in matters of Religion to be founde in the Scriptures of the new Testament meanyng that it could not be found in any order that Christe lefte behynde hym as you also fantasied when you wrote the same in your booke folowyng yea going euen cheeke by cheeke with them But S. Augustine maketh aunswere to you all for hym and me bothe Who rehcarsing the actes of the godly kynges of the olde Testament taketh this for a thyng not to be denied to wytte That the auncient actes of the godly kinges mentioned in the Propheticall bookes were figures of the like factes to be doon by the godly Princes in the time of the newe Testament And although there was not in the tyme of the Apostles nor of long tyme after any kynges or princes that put the same ordinaunce of Christ in practise all beynge infideles for the most part Yeat the seruice of kinges was figured as S. Augustine saieth in Nabuchodonozor and others to be put in practice when this of 71. Psalme should be fulfilled and all the kinges of the earth shall worshippe Christ and all nations shall serue him c. As yet in the Apostles time this prophecy sayth he was not fulfilled and now ye kinges vnderstande be learned ye that iudge the earth and serue the Lorde in feare with reuerence VVhen the christian Emperours and Princes saieth this catholique father shall heare that Nabuchodonozor after he had seen the marueilous power of almighty God in sauing the three younge men from the violence of the fire walking therin without hurt was so astonied at the miracle that he him selfe being before this but a cruell Idolatour began forthwith vpon this wonderous sight to vnderstande and serue the Lorde with reuerent feare Doo not they vnderstande that these thinges are therefore writen and recited in the Christian assemblies that these shoulde be examples to them selues of faith in God to the furtherance of Religion These Christian rulers therfore minding according to the admonition of the Psalme to vnderstande to be learned and to serue the Lord with reuerent feare do very 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
shewe muche that the Princes had no small entermedlinge and authority in Synodes Church matters This Synode was summoned to be kepte in Rome by the commaundement of the moste honorable Kinge Theodoriche He declareth that many and gréeuous complaintes were brought vnto him againste Symachus Bishoppe of Rome Symachus commeth into the Synode to answeare for him selfe geueth thankes to the Kinge for callinge the Synode requireth that he may be restored to suche thinges as he had loste by the suggestion of his enemies and to his former state and then to come to the cause and to answeare the accusers The more parte in the Synode thought this his demaunde reasonable Decernere tamen aliquid Synodus sine regia notitia non praesumpsit Yeat the Synode praesumed not to decreâ— any thinge without the Kinges knowledge Neyther came it to passe as they wished for the Kinge commaunded Symachus the Bishoppe of Rome to answeare his aduersaries before he shoulde resume any thinge And so the kinge committed the whole debatinge and iudginge of the matter to the Synode whiche concludeth the sentence with these woordes VVherefore accordinge to the Kinges will or commaundement who hath committed this cause to vs wee refourme or restore vnto him to Symachus what right so euer he ought to haue within the Citie of Rome or without As it is and shalbe most manifestly prooued and testified by the oecumenicall or general councelles wherin the order of the ecclesiastical gouernment in Christs Church hath béene most faithfully declared and shewed from time to time as you your selfe affirme that suche like gouernement as the Quéenes Maiestie doth claime and take vppon her in Ecclesiasticall causes was practised continually by the Emperours and approued praysed and highly commended by thousandes of the beste Bishoppes most godly Fathers that hath béene in Christes Church from time to time euen so shall I prooue by your owne booke of generall councelles mangled maymed and set foorth by papishe Donatistes them selues and other suche like Churche writers that this kinde and suche like gouernment as the Quéenes Maiestie doth vse in Churche causes was by continuall practise not in some one onely Churche or parte of Christendome whereof you craue proufe as though not possible to be shewed but in the notablest Kingdomes of al Christendome as Fraunce and Spaine put in vre whereby your wilfull and malicious ignorance shalbe made so plaine that it shalbe palpable to them whose eyes you haue so bleared that they cannot sée the trueth Clodoueus about this time the firste Christian kinge of Fraunce baptized by Remigius and taught the Christian faith perceyuinge that thorough the troublesome times of warres the Churche discipline had béene neglected and muche corruption crepte in doth for reformacion hereof call a nationall councell or Synode at Aurelia and commaundeth the Bishoppes to assemble there together to consult of suche necessary matters as were fitte and as he deliuered vnto them to consulte of The Bishoppes doo accordinge as the Kinge coÌ„maundeth they assemble they commende the kinges zeale and great care for the catholique faith and Religion they conclude accordinge to the Kinges minde and doth referre their decrées to the iudgement of the Kinge whome they confesse to haue the superioritie to be approoued by his assent Clodoueus also called a Synode named Concilium CabiloneuÌ„ and commaunded the Bishoppes to consider if any thing were amisse in the discipline of the Churche and to consulte for the reformation therof and this saith the Bishoppes he did of zeale to Religion and true faith Other fower Synodes were summoned afterwarde in the same Citie at sondry times by the commaundemeÌ„t of the king named Childebert moued of the loue care he had for the holy fayth and furtheraunce of Christian Religion to the same effect and purpose that the first was sommoned for This kyng Childebert caused a Synode of Bishoppes to assemble at Parys and commaunded them to take order for the reformation of that Churche and also to declare whom they thought to be a prouident Pastor to take the care ouer the Lordes flocke the Bishop Saphoracus beinge deposed for his iust demerites Theodobertus king of Fraunce calleth a Synode at Aruerna in Fraunce for the restoring and establyshing the Churche discipline Gunthranus the king calleth a Synode named Matisconens 2. to refourme the Eclesiasticall discipline and to confirme certeine orders and ceremonies in the Churche whiche he declareth plainely in the Edict that he setteth foorth for that purpose Wherein he declareth his vigilant and studious carefulnes to haue his people trained brought vp vnder the feare of God in true Religion and godly discipline for otherwise saith this Christian king I to whom God hath committed this charge shall not escape his vengeaunce He sheweth the Bishops that their office is to teach comfort exhort to reproue rebuke and correct by preaching the worde of God He commauÌ„deth the elders of the Churche and also others of authoritie in the common weale to iudge and punishe that thei asiste the Bishoppes and sharpely punishe by bodely punishement such as will not amende by the rebuke and correction of the worde and churche discipline And concludeth that he hath caused the Decrees in the councell touching discipline and certeine ceremonies to be defined the whiche be doth publishe and confirme by the authoritie of this edict After the death of Anastasius the Emperour Iustinus reigned alone a right catholique Prince who immediatly sent messengers vnto the Bishop of Rome who should both confirme the authoritie of the sea and also shoulde prouide peace for all Churches so muche as might be with whiche doinges of the Emperour Hormisda the Bishop of Rome being moued sent vnto the Emperour with consent of Theodoriche Legates Martinus Pâ—â—nitentiarâ—us telleth the cause of this legacy was to entreate the Emperour to restore those Bishoppes which the wicked Anastasius had deposed This godly Emperour Iustinus saieth Martyn did make a Lawe that the Churches of the Heretiques shuld be consecrated to the catholique Religion but this Decree was made in Iohn the next Popes daies The whiche edict when the kyng Theoderiche being an Arian saieth the same Martyn and kinge of Italy herde he sent Pope Iohn saith Sabellicus with others in embassage vnto the Emperour to purchase libertie for the Arians Iustinus receyued these Embassadours honourably saith Platina and the Emperour at the lengthe ouercome with the humble suite of the Pope whiche was sauced with teares graunted to him and his associates that the Arians shoulde bee restored and suffered to lyue after their orders In this history this is not vnworthy the noting that the Pope did not onely shewe his obedience and subiectioÌ„ to the godly Emperour but also that the secular Princes ordeyned Lawes Ecclesiastical with the which the Pope could not dispence For all this busynes arose about the decree whiche the Emperour had made in an Ecclesiasticall cause or matter If the Popes
without the authoritie of the Emperours as in all the former generall councels And so at the ende the whole councell put vp a supplication to the Emperour for the ratifiyng of all their doynges The which when the Emperour had heard openly recited and redde vnto them they forthwith alowed signed and sealed Gregorius 3. sent into Fraunce for succour to Charles Martell yelding surrendring vp vnto him that whiche the Pope had so longe sought by all subtile and mischieuous meanes to spoile the Emperour the Princes of This same Gregory the third saith Martinus Poenitentiarius VVhan Rome was besieged by the king of Lombardy sent by Shippe vnto Charles Martell Pipines father the keyes of saint Peters confession beseching him to deliuer the Churche of Rome from the Lombardes By the keies of S. Peters confession he meaneth all the preheminence dignitie and iurisdiction that the Popes claime to them selues more and besides that whiche all other Churche ministers haue ouer and aboue all maner persons Ecclesiasticall or Temporall as geuen of Christe onely to S. Peter for his confession and so from him to the Popes of Rome by lineal successioÌ„ Seing that this Pope who was passingly well learned both in diuine and prophane learning and no lesse godly stoute and constant if you wil beleue Platina yeldeth and committeth all this iurisdiction and clayme that he hath ouer all persones Ecclesiasticall and Temporall so well in thinges or causes Ecclesiasticall as Temporall vnto Charles Martel a Lay Prince great maister of FrauÌ„ce it appeareth that Princes may Lawfully haue the rule gouernement and charge in Churche matters The heires and successours of this Charles Martell did keepe these keyes from rusting They exercised the same iurisdiction gouernement in Ecclesiastical causes y t the Emperours and kinges had doon from the time of Constantine the great vntill their time which was almost 400. yeres For Carolomanus sonne to kyng Pepin and nephew to Charles Martell no lesse Princelike than Christianly exercised this his Supreme authoritie in Ecclesiasticall causes and made notable reformation of the Ecclesiasticall state He sommoned a councell of his Clergie bothe Bishoppes and Priestes 742. yere from the incarnation of Christe wherein also he him selfe sate with many of his nobles and counsailours He sheweth the cause why he called this Synode That they should geue aduise saith he howe the Lawe of God and the Churche religion meaning the order and discipline may be restored againe whiche in the time of my praedecessours being broken in sonder fell cleane away Also by what meanes the Christian people may attaine to the saluation of their soules and peris he not being deceiued by false priestes He declareth what ordinaunces and decrees were made by his authoritie in that Synode VVe did ordeine Bisshoppes through the Cities saith he by the councell of the Priestes and my nobles and did constitute Bonifacius to be the Archebissop ouer them VVe haue also decreed a Synode to be called together euery yere that the decrees of the Canons and the Lawes of the Churche may be repaired in our presence and the Christian Religion amended c. That the money whereof the Churches haue been defrauded be restored VVe haue degraded the false Priestes Deacons and Clerkes being adulterers and fornicatours and haue driuen them to penaunce We haue vtterly forbidden all maner hunting and haukinge to the Clergie We decree also that euery priest dwelling in y e diocesse be subiect vnto his own bishop that always in Lent he make an accompt shew to the bishop the maner order of his ministery touching baptisme the catholique faith praiers the order of Masses And whaÌ„soeuer the Bishop shal go his circuite to confirme the people the priest shalve ready to receiue him with a collection helpe of the people That y e priest seke for new chrysme always on Maundy thursday at the Bishops hand that y e Bishop may be a witnes of his chast life of his faith and doctrine We decree further that no vnknowen Bishop or Priest be admitted into the church ministery before he be allowed by the Synode He maketh many suche like for the reformation of y â— Clergy in what sort they shalbe punished if thei coÌ„mit whordome likewise against sorcery wytchcraft diuinacions incantations all kinde of prophane superstitioÌ„s If there were no more exaÌ„ples of any church history but this of Caroloman it woulde suffice to make playne that to the Princes authoritie apperteineth to make Lawes and to the Clergy to geue him counsaile out of Gods worde howe to frame the discipline to the edifiyng of Goddes Churche About this time was one Bonifacius not Pope but as they call him the great Apostle of the Germaines the like for all the worlde to our Apostle here in Englande Augustinus Anglorum Apostolus Either of them might be called the Popes Apostles whose great champions they were And euen suche Ecclesiasticall matters as our Apostle treateth of hath this Apostle in his Epistles to the Pope as this He asketh his holines when fatte bakon should be eaten The Pope aunswereth when it is well smoke dried or resty and then sodden Likewise he asketh whether we shall eate Dawes Crowes Hares and wilde Horses The Pope biddeth him to beware of them in any wise Also he asketh him howe if Horses haue the fallinge sicknesse what we shall doo to them The Pope aunswereth hurle them into a ditche He asketh what we shall doo with Beastes bitten with a madde dogge the Pope biddeth him kepe them close or hurle them into a pitte He asketh if one Nonne may was he an others feete as men may the Pope aunswereth yea on Goddes name Also he asketh howe many Crosses and where aboutes in his body a man shoulde make them These and a great many suche like are the Popes and his Apostles Ecclesiasticall matters But leauyng these tryfles note that in those Ecclesiasticall mattâ—â—s whyche he dyd to any purpose the lay Princes had the entermedling as appeareth by the Pope Zacharias Epistle to this Boniface It is no marueile though this kinge Charloman as also Charles the great and other noble Princes after their time established by their authoritie in Synodes many superstitions and idolatrous obseruances as of Masses Chrysmes and suche like abuses beinge moued with the zeale that all Princes ought to haue But wanting the pure knowledge that good and faithful Bishops should haue instructed them withall seinge suche blynde bussardes as this Boniface had the teachinge of them who like blynde guydes ledde them in the bottomles pit of all supersticions and false Religion Adrianus the first Pope beinge muche vexed through his owne furious pryde by Desiderius kynge of Lombardy sendeth to Carolus Magnus and requireth him of his ayde against the Lombardes promysing to make him therfore Emperour of Rome Charles commeth vanquisheth Desiderius and so passeth into Rome whom the Pope receiued with great honour geuing to him in
no licence or power to order any c. To this short answeare the Emperour with the Synode replieâ—h tellinge him they had writen to let him vnderstande of the crimes wherewith he was chardged and that he had sent them suche an answeare as rather became the folie of a childe then the grauitie of a Bishop as for the power of bindinge and losinge they say he once had as Iudas had to whome it was saide Quaecunque ligaueritis super terram c. VVhat so euer yee binde on earth shalbe bounde in Heauen c. But nowe he hath no more power against the Emperour and the Synode then Iudas had when he went about to betray Christe his maister These letters were sente vnto him by twoo Cardinalles who returned not findinge him and therefore the Synode procéedeth to his Deposition They beséech the Emperour to remoue Monstrum illud That Monster and to place some woorthy Bishop in his roome Tunc Imperator placet inquit quod dicitis Your request pleaseth me saith The Emperour The Clergie and the people saith Nauclerus dooth make humble supplication vnto the Emperour to prouide for them a woorthy Bishoppe to whom the Emperour answeareth Choose you your selues one whom hauinge God before your eyes yee maie iudge woorthy and I wil confirme him The Emperour had no sooner spoken this saith Luithpr than they all with one assent named Leo The Emperour gaue his consent Et Ottho Imperator Leonem creat Pontificem And Ottho the Emperour created Leo Pope as Sabellicus Platina saith Here Luithprandus telleth at large how after this creation of Leo y e Emperour dissolued y e Synode what mischiefe y e monstrous Pope Iohn wrought afterwarde For by his fréendes in Rome Pope Leo was driuen away And after this monster was dead the Romaines elected Benedictus in his place requireth the Emperour who was than at Spolet to coÌ„firme him the Emperour woulde not but compelled them to receiue Leo againe And here the Emperour summoned againe a newâ— Synode wherein he sat him selfe for the canonicall depoficion of Benedictus not withstandinge this saith Nauclerus Leo being weary of the inconstancy of the Romaines did constitute by their consent in the Synode holdeÌ„ at Rome that the whole authoritie of chosinge the Bishop shoulde remaine in the Emperour as it is rehersed in the decrees in these woordes Being in the Synode at Rome in the Church of the holy Sauiour like as Adrianus Bisshop of Rome grauÌ„ted to Charles the great the dignitie of patricians hip the ordering of the Apostolical sea and the inuesturing of Bissops So I also Leo Bisshop of Rome seruaunt of Goddes seruauntes with the consent of all the Cleargy and people of Rome doo coÌ„stitute confirme and corroborate and by our Apostolical authoritie wee doo graunt and geue vnto the Lord Ottho the first King of Dutchmen and to his successours in this kingdome of Italy for euer the autoritie to elect after vs and to ordeine the Bisshop of Rome and so Archbisshops and Bisshops that they receiue of him as they ought the inuesturing and consecratioÌ„ excepting those whom the Emperour hath graunted to the Popes and Archbisshops And that noman hereafter of what dignitie or ReligioÌ„ soeuer haue power to elect one to the dignity of consulles Bloud or to be Bisshop of the Appostolique sea or to make any other Bisshop without the Emperours consent And if any be chosen Bisshop without he be commended and inuested by the Kinge that in no wise he be consecrated vnder paine of excommunication As Sabellicus noteth this for a renowmed matter y e the right of creatinge the Pope was now restored to the Emperial dignitie euen so Nauclerus affirmeth this godly Imperour Ottho to be borne In totius Ecclesiae consolationem for the consolation of the whole Churche When this godly Prince was dead whilest his sonne Ottho 2. was busied in the warres against the Sarazens and after him his Sonne Ottho 3. was yet in noneage the Popes beganne to waxe so euill and the state of Christes Churche to decaie asmuche as euer it did before So daungerous a mater it is to want godly Princes to gouerne Goddes Churche and to ouersée the Mynisters thereof About this time Hugh Capet the French king looked better to his Cleargie in Fraunce and callinge a Councell at Rhemes of all the Prelates of Fraunce deposed Arnucphus whome Charles had made Bishop there and made Gilbert the Philosopher Bishoppe whome afterwardes Ottho 3. made Archebishoppe of Rauenna After Hugh Robert his sonne succeded a Prince very wel learned and a diligent labourer about diuine or Churche matters whiche is the propre parte of a righte kinge saithe Sabellicus When Ottho 3. surnamed for his excellent vertues in that vitious age Mirabilia mundi the maruailes of the worlde herde of the great misorder in Rome for the reformation therof he came into Italy but or euer he entred into Rome Pope Iohn 17. died and there fell no contention saith Nauclerus in the Popes Election bicause the Prince appointed by his commaundement Bruno to be pronounced Pope who was called Gregory 5. So soone as the Emperour departed from Italy the Romaines thrust out Gregory and placed one Placentinus whome thei call Iohn 18. The Emperour hearinge hereof came to Rome hanged vp the Consul and put out Iohns eyes restored Gregory into his sea againe I maruaile that the historians saithe Platina doo reken this Iohn amongest the Popes which vndoubtedly was in his Papacy a theefe and a robber for he entred not in by the doore as of right he shoulde haue doone for he came in by a faction corruptinge with money and large giftes Crescentius the Consull a most couetous wretch and no lesse ambicious Wherby the sharpe iudgement of the Emperour is declared to be but vpright iustice So that Platina makinge Gregory to be the true Pope and to haue entred in by the doore of whome he saith Ottonis 3. authoritate pontifex creatur he is created Pope by the Emperours authoritie declaring the other that came in without y e Emperours consent to be a théefe a robber seemeth to be of this opinion although to flatter the Popes withall he durste not so plainely open his minde y â— without the Pope be creat with the Emperours confirmation authoritie he is but a théefe and a robber Next vnto him saith Nauclerus was Syluester the second placed by the Emperous appointment Who being a Coniurer had solde his soule to the Deuill for this promotion Neuertheles he was saith he so witty so learned and seemed so holy that he not onely deceiued the Emperour that made him Pope but all the worlde besides In which Otho the Emperour remaining at Rome did deliberate after what sort and by what meanes he might reforme not onely the Empire but also handeling Ecclesiasticall matters howe he might reforme the Lawes of the Churche and bring them into the
ElectioÌ„s reseruations expectatiues Annates vnfit pastours pardons tythes the spiritual courtes c. beseching him to haue some redresse herein Who being moued with the admonitions aduisementes and exhortatioÌ„s of the learned Clergy the godly Princes at the length called a councel at Triers Colayn for the redresse of these and other enormities in the yere of the Lorde 1512. whiche was the fourth yere of the reigne of the moste renoumed kinge of England king Henry the eight In this councel amongest other thinges bicause there was a suspicion of a Schisme breedinge and of greuaunces in the Church it was necessarily decreed that the Emperour and Princes electours with other Princes and states of Thempire should loke about them and wel consult by what meanes these greeues might be taken away most commodiously and the Schisme remoued and euill thinges reformed to edification It was decreed also against blasphemours to paie either a somme of money limited or to suffer death And that all men should know this decree it was thought good to the Princes and states of the Empire that al preachers and persones should at all high feastes preache vnto the people thereof faithfully This being doon Maximilian set forth a decrée for y e takinge away of the forsaid Ecclesiastical greuaunces wherein he declareth that though of clemency he haue suffered the Pope the Clergy herein as did his father Frederik Yet not withstanding sith that by his liberalitie the worshippe and seruice of God hath fallen to decaie it apperteineth vnto his dutie whome God hath chosen vnto the Emperial throne of Rome that amongest all other moste great businesses of peace and warres that he also looke about him vigilantly that the Churche perishe not that Religion decaie not that the worship of the seruice of God be not diminished c. In consideration wherof he prouideth that a man hauing in any citie a Canonship or Vicarship enioy not any prehende of an other Churche in the same citie c. making other decrées against suing in the Ecclesiasticall courtes for benefices for defence of Lay mens patronages for pensions against bulles and cloked Symony c. After this the Emperour Lewes the French king concluded together to call a general couÌ„cel at Pise to the whiche also agreed a great part of the Popes Cardinals Many saith Sabellicus began to abhorre the Popes Courtes saying that all thinges were there defiled with filthy lucre with monstruous and wicked lustes with poysoninges Sacrileges murders and Symoniacall fayers and that Pope Iulius him selfe was a Symoniake a dronkarde a beaste a worldling and vnworthely occupied the place to the distruction of Christendome and that there was no remedy but a generall Councell to be called to helpe these mischiefes to the whiche his Cardinalles accordinge to his othe desired him but they coulde not obteyne it of hym Maximilian the Emperour being the authour of it with Lewes the Frenche king bicause the histories doo beare recorde that in times past the Emperours of Rome had wont to appointe councels they appointe a councell to be holden at Pyse Maximilian the Emperour Lewes the French king and other Princes beyonde the seas were not more carefully bent and moued by their learned men to refourme by their authoritie the abuses about Church matters thaÌ„ was king Henry the eight at the same time king of Englande of most famous memory who following the huÌ„ble suites and petitions of his learned Clergy agreynge thereupon by vniforme confent in their conuocation toke vpon him that authoritie and gouernement in all maner matters or causes Ecclesiasticall which they assured him to belonge vnto his estate both by the worde of God and by the auncient Lawes of the Churche and therfore promised vnto him in verbo sacerdotii by their priesthood not to do any thing in their councelles wiehout his assent c. And this Clergie was not onely of Diuines but also of the wysest moste expert and best learned in the Ciuil and Canon Lawes that was than or hath been sence as D. Tonstal Bishop of Duresme D. Stokesley B. of LondoÌ„ D. Gardiner Bishop of Wynton D. Thirleby Bishop of Westminster and after of Norwiche your olde maister D. Bonner who succeded Stokesley in the sea of LondoÌ„ and many others by whose aduise consent there was at that time also a learnâ—d booke made published De vera differentia Regiae potestatis Ecclesiasticae whiche I doubt not but yée haue séen longe sythen Neither was this a newe deuise of theirs to please the king with al or their opinion onely but it was and is the iudgement of the moste learned Cyuilians and Canonystes that when the Cleargie are faultie or negligent it apperteyneth to the Emperour to call generall councelles for the reformation of the Churche causes as Philippus Decius a famous Lawyer affirmeth And the Glossator vppon this Canon Principes affirmeth that the Princes haue iurisdiction in diuers sortes within the Churche ouer the Cleargie when they be stubbourne ambitious subuerters of the faith falsaries makers of Schismes contemners of excommunication yea also wherein so euer the Ecclesiasticall power faileth or is to weake as in this Decree He meaneth where the power of the Churche by the woorde of doctrine preuaileth not therein must the Princes authoritie and iurisdiction take order for that is the plaine prouiso in the decrée The woordes of the decree are as followe The seculer Princes haue oftentimes within the Churche the highest authoritie that they may fence by that power the Ecclesiasticall discipline But within the Churche the powers of Princes shoulde not be necessary sauinge that that thinge whiche the Priestes are not able to dooe by the woorde of doctrine the power of the Prince may commaunde or obtaine that by the terrour of discipline The heauenly kingedome dooth oftentimes preuaile or goo forwarde by the earthly kingedome that those whiche beinge within the Churche doo against the faith and discipline may be brought vnder by the rigour of Princes and that the power of the Princes may lay vppon the neckes of the proude that same discipline whiche the profite of the Churche is not hable to exercise and that he bestowe the force of his authoritie whereby to deserue woorship Let the Princes of the worlde well knowe that they of duety shall rendre an accompte to God for the Churche whiche they haue taken of Christe to preserue For whether the peace and discipline of the Churche be encreased by faithfull Princes or it be loosed He doth exact of them an accompt who hath deliuered his Churche to be committed to their power To this effect also writeth Petrus Ferrariensis a notable learned man in y e Lawes saying Thou ignorant man thou oughtest to know that the Empire the Emperour ones in times past had bothe the swoordes to witte bothe the Temporall and Spirituall in so much that the Emperours then bestowed all the Ecclesiasticall
of euery forraine Prince and Prelate state or Potentate This is the proposition of that part of the othe to the whiche adioyne this proposition all true subiectes ought and must beleaue an holy catholique Churche of Christe the communion of Sainctes Espy nowe what opposition is betwixt these two propositioÌ„s y â— they may not both matche together and be verified in one true and faithful subiecte The one say you is directly against the other Then saye I there is a direct opposition repugnancy betwixt them by due examination we shall finde out the oppositioÌ„ Trie the partes of these propositions seuerally without the verbe that coupleth them together and you shall not find any opposition either contrary relatiue priuatiue or disparate ioyne them together with the verbe that coupleth being propositions they are not one against the other contrary subcontrary subalterne nor contradictory and therfore vntruly no lesse vnskilfully babled of you that the one is directly against the other when a yong scholer that hath red but the rudimentes of his Logike could haue séen iudged that there is in them no opposition or repugnancy at all To renounce and forsake Antechrist his Churche by othe or otherwise and to beleue in Christe and rightfully to acknowledge his holy catholique Churche by all maner of wayes staÌ„deth neither directly nor indirectly one against the other but are matched together agreeth iumpe one with the other Surely your eies were not matches neither were your wittes at home whan you spied cut this repugnancy if you had not published this learned piece of worke your friendes should neuer haue knoweÌ„ what an huge heape of conning knowledge is hidden in that litle head of yours The demaunde in your issue is easely proued by the description or definition of Christes true Catholique Churche The catholique Churche of Christe is a multitude societie and communion of Sainctes and faithfull ones that haue been shalbe and are nowe on liue in the earth how and wheresoeuer they be deuided and dispersed in time and place the whiche multitude of Sainctes haue a participation in common amongst them selues of all good thinges geuen graunted and growing from God through Christ of spirite faith Sacramentes prayer remission of sinnes and heauenly blisse and are vnited to Christ their head by faith and fastened togeather amongest them selues as members of one body with the bond of loue To this catholike church euery ChristiaÌ„ man is bounde to bee subiecte and obedient as a member ought and may be subiect and obedient to the body And we doo teache and confesse in this Churche suche an attonemeÌ„t participation and communion among all the members in doctrine faith Religion and SacrameÌ„ts that neither this nor any other Realme may lawfully dissent from this Churche or renounce and refuse to haue communion therewith as God be praised we of this Realme doo nowe shewe our selues by al Christian meanes neuer more at any time to agree and consent in the vnitie of this catholike Churche in necessary doctrine right faith true Religion and the right vse of Christes Sacramentes The foule lies that you heape together wherewith shamefully to defoyle your owne neast and natiue countrey neadeth none other confutation than onely to make them playne to be seen and iudged of all men that the Realme may be sory that euer it nestled so vnnatural and filthy a byrde and your friendes ashamed of so malicious and impudent a Lâ—ar This is a lewde Lie that this Realme dissenteth from the catholike Church in the forenamed pointes This is a shameful Lie that by corporal othe or any other wayes we renounce and refuse to haue communion with the catholike Churche of Christe And this is a monsterous Lye that the catholike Churche is a foraine authoritie and power out of this Realme Who was euer so madde as ones to thinke or so doltishe as to speake any thing against the catholike Churche but specially to forsake it and that bicause it is a foraine power and authoritie The Othe maketh no mention in any one woorde of the Catholique Churche it speaketh of a foraigne Prince Prelate and Potentate and so of the foraigne Power and Authoritie of suche a foraigne state Wherevpon M. Fekenham concludeth as it were by Reuelation in a Monkishe dreame without rime or reason that therfore the catholike Church is forsaken as though there were no difference betwixt a foreine Prince or prelate and the Catholique Churche or that the Catholique Churche might be called a foreine Power or a forine authoritie to a Christian Realme This is suche a newe kinde of Diuinitie as was neuer hearde or redde of in any writer no not in the Legende of Golden Lyes M. Fekenham The fourth and laste pointe is that I must svveare to the obseruation of this Othe not onely to the Queenes highnes and our soueraigne Lady that novv is but also vnto her heyers and successours Kinges and Queenes of this Realme And bicause euery Christian man ought to be carefull to auoide periury therein I vvoulde right gladly knovve that if any her highnes successours shoulde by the refusall of the saide title of supremacy binde her subiectes by the like statute lavve vnto the cleane contrary experience vvhereof vvas of late made here in this Realme that it is yet freshe in the memories of al men In this case I vvoulde right gladly knovve vvhat authoritie is hable to dispence againe vvith this Othe And if there be none at all then the subiectes of this Realme in this case are bounde and that by booke Othe to liue in a continuall disobedience to the Lavves of their soueraigne Lorde or Lady Kinge or Queene the case vvherof is very LameÌ„table And Christian charitie vvoulde that it should be foreseene and prouided for And for mine ovvne paâ—te being further touched herein than I haue yet expressed my very trust and hope is that the charity of this our nevv refourmed church here in this realme shal not be fouÌ„de so colde and short as in prouiding so sharpe lavves â—nd paines of death to force men to take this Othe of the Q. Highnes Supremacie but that it vvil prouide also such meanes and vvaies vvhereby the subiectes may receiue the same vvith salfe conscience and vvithout all perâ—ury And in so doynge I shall moste vvillingly submitte my selfe and receiue also that parte of the Othe And shall further thereupon set foorth the Q. Highnesse Supremacy vvith all Titles and Praerogaâ—iues bothe by penne and vvoorde of mouth and that vvith as desirous harte and glad vvil as any subiect that is this day liuinge in hir highnesse Realme So that of the premises ye may vvell vnderstande that there is in me no other cause of staâ—e touchinge the later parte of this Othe then very Conscience And that I vvoulde before right gladly knovve touching these forenamed pointes hovve I mighte svveare vnto them and not committee periury therein The B. of Wynchester As euery Christian
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
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
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
them according to Goddes will and your holy aduise in suche sorte ▪ that neither I be founde reproueable in Goddes sight neither you nor the people incurre Goddes wrathfull indignation for these thinges howe this may be searched founde out and brought to perfection that I committee to be entreated by you and so to be declared vnto me The lesser matters also whiche in generall touche all but in especiall some and neede reformation I will that yee make enquirie of them and make relation vnto me thereof as for example if the rulers in the countreys neglect or sell Iustice if they be takers or oppressours of the Churches widowes orphanes or of the poore Yf they come to the sermons Yf they doo reuerence and obey duely their Priestes Yf they presume to take in hande any new opinions or argumentes that may hurt the people c. The Bishoppes after they had consulted vpon these matters doo make relation vnto the Emperour what they had done shewynge him that they had founde some of the Bishoppes and chiefe Mynisters faulty and humbly pray the Emperour on their behalfe that he will of his goodnes graunt these some space to amende their faultes They complaine to the Emperour of Bishops Priestes for lacke of preachinge and that noble men gentle men come not vnto those few sermons that bée And so then recyte many other enormities as about tythes incest and suche like especially in religious persones who for the most parte are cleane out of order And to bringe these to their former order and state resteth say they in your disposicion ▪ Thus doth this Kinge take vppon him and thus doo the Bishoppes yéelde vnto him the gouernment aswell of Ecclesiasticall as Temporall causes and thinges On this wise did Lodouicus alwaies exercise him selfe in so muche that for his carefull gouernment in Churche matters he was surnamed Pius the godly as his father before him was called Magnus the great Pope Leo. 4. writeth his humble letters vnto Lotharius on the behalfe of one Colonus who was chosen to be Bishop of Reatina but he might not consecrate him without the Emperours licence first obteined thereunto and therfore praieth the Emperour of his fauour towardes Colonus Vt vestra licentia accepta ibidem Deo adiuuante eum consecrare valeamus Episcopum That hauinge your licence wee may haue authoritie by Goddes helpe to consecrate him Bishoppe there Vppon this woorde Licence The Glossar noteth the consente of the Prince to be required after the election be made Nexte to Leo sauinge the woman Pope Iohan was Benedictus 3. chosen who was ratified and confirmed by the Emperours authoritie who sente his Embassadours to Rome for that purpose This Pope is commended for his greate godlines But he was ouer godly to liue longe in that sea neuerthelesse he was not so godly as the moste of his successours were al together vngodly as your owne writers make reporte And to note this chaunge the better Nauclerus telleth of diuerse wonders howe the Deuill appeared in an vgly shape and hurled stones at men as they went by set men togeather by the eares bewraied théeues and priestes of their lemmans and such like Howe it rained bloudde thrée daies and thrée nightes How great Grassehoppers with sixe wynges and sixe féete and twoo téethe harder then any stone couered the grounde and destroied the fruites not altogeather vnlike those Grassehoppers that S. Iohn noteth in his Reuelation to come from the bottomlesse pitte after the starre was fallen After this folowed a great pestilence Whiche woonders if they be true be not vnwoorthy the notinge consideringe the chaunge that folowed For hitherto still from time to time although some Popes did priuily attempte the contrarye yet the Emperours alwaies kepte the confirmation of the Pope the inuesturinge of Bishoppes and the orderinge of many other Ecclesiasticall matters tyll the next Pope beganne openly to repine at the matter and his successour after him to Curse and some of those that folowed fell from chidinge and cursinge to plaine fightinge for the same In the whiche combate though with muche adooe at length they wroonge them selues from vnder the Emperours obedience Yet alwaies euen hitherto Princes haue had no litle interest in Ecclesiasticall causes as hereafter shall appéere After Benedictus was Nicolas chosen whom the Emperour him selfe beynge present did confirme as witnesseth Nauclerus At the same time was the Emperour Lodouicus 2. at Rome who confirmed the Popes election The same also saith Martyn to the whiche Volateran addeth of the Emperour the Pope De communi consilio ambo cuncta gerebāt All thinges were doone by common counsaile or consent of bothe the Emperour and the Pope And least it might be thought he meaneth not as wel Ecclesiastical as Temporal matters Sabellicus maketh the matter more plaine affirming that the Emperour and the Pope had secrete conference together many daies and had consultation both touching the matters perteining to Christian Religion and also of the state of Italy And a litle after talking of the Pope The Pope decreed by the consent of Lodouicus that from thence foorth no Prince no not the Emperour him selfe should be present in the councell with the Cleargie onles it were when the principall pointes of faith were treated of Hitherto in all these Ecclesiasticall causes the Emperour hath the doinge as well or more than the Pope But this last decree that by the allowāce of the Emperour the Pope made exempteth Temporall Princes from Ecclesiasticall matters in their councelles though in the most principall matters Ecclesiastical cōcerning faith it leueth to them their interestes Martinus the second gat into the Papacie malis artibus by naughty meanes saith Platina and as is noted in the margent it was in this Popes time that first of all the creation of the Popes was made without the Emperours authoritie But this Pope died so shortely as he came in naughtily After whom Adriā the third like vnto his predecessour the second of that name who by cūning sleight practised to defraude the Emperour of his authoritie espying oportunitie by reason that Charles the Emperour as Sabellicus saith was farre of busied in the warres doth promote this matter to be decreed by the Senate and the people and this he did immediatly after he was made Bishop and persuadeth them that they doo not hereafter wayte for the Emperours approbation and confirmatiō in appointing their Bishop but that they shoulde kepe to them selues their own fredome The whiche thinge also Nicolaus the firste with others attempted but coulde not bringe it to passe as Platina reporteth Who also wryteth that the Romaines had conceiued an hope of great libertie in the hauty courage of this Pope beinge a Romaine borne But to their great griefe he within a while was taken from them The next Pope Stephen had an obscure tyme sauing that Charles therein called a councell at Collen and after him Arnulphus the Emperour other twoo the one
owne peuish cauillatioÌ„s 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 mâ—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 driueÌ„ 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 obiectioÌ„ folovving These vvorde of the first part of the othe I. A. B. doo vtterly testifie and declare in my coÌ„science that the Q. highnes is the only supreme gouernour of this Realme as vvel in al Spiritual or Ecclesiastical thinges or causes as Temporal â–ª 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 iurisdictioÌ„s priuileges and prehemineÌ„ces 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 iurisdictioÌ„ 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 coÌ„mission of Spiritual gouernment ouer them commission to lose and bind their sinnes Commission to shut and opon the gates of heaueÌ„ to them Commission to geue vnto them the holy ghost by the impositioÌ„ of their haÌ„des 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 coÌ„mission 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 theÌ„ 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
power and authoritie to the Prince to execute the Iurisdiction now vnited and annexed to the Crowne by méete delegates to be assigned named authorised by coÌ„mission or letters patentes vnder the great Seale of Englande If yée will hereof inferre that bicause the Princes haue by vertue of the acte full power and authoritie to name assigne and authorise any person whome they shal thinke méete to exercise vse occupy and exequute vnder them all manner of iurisdictions priuileges and preheminences in any wise touchinge or concerning any Spirituall or Ecclesiastical iurisdiction with in their dominions or countreies Therefore all manner iurisdiction is in the Prince to be exercised vsed occupied and exequuted by them for otherwise you will say the Princes cannot geue and committe to others that which they haue not receiued and is not in them selues Your argument is easily answeared in fewe woordes it is a foule Sophistication a secundum quid ad simpliciter These woordes of the Acte all manner in any wise are restrained and bounded within the limites of the gifte where you of purpose to beguile the simple with all doo let them runne at lardge and sette them foorth as méere and simple vniuersalles without any limites at all The Act geueth or restoreth to the Prince iurisdictions priuileges superiorities and preheminencies spirituall Ecclesiasticall but it addeth this Limitacion suche as by any Spirituall or Ecclesiastical power or authoritie hath heretofore béene or may lawfully be exercised or vsed And for that these woordes as by any Spirituall or Ecclesiasticall power or authoritie hath heretofore been or may lawfully bee exercised and vsed may bee maliciously stretched by a wranglinge Papist and might seeme to some that haue good meaning also to geue ouer large a scope the matter or obiect wherein or where about these Spirituall or Ecclesiasticall iurisdictions priuileges superiorities and preheminences are exercised vsed and doo consiste is limited and added in these expresse woordes for the visitation of the Ecclesiasticall state and persones and for reformation order and correction of the same and of all manner errours heresies Schismes abuses offences contemptes and enormities whiche woordes of limitation in y e gifte as they geue not to the Prince the exercise of that iurisdiction that consisteth and woorketh in the inwarde and secrete Courte of conscience by the preaching of the woorde and mynstration of the Sacramentes whiche belongeth onely and alone to the Bishoppes neither doo they authorise the Prince to vse that iurisdiction that belongeth properly to the whole Church euen so doo they geue rightly vnto the Prince to exercise all maner iurisdictions priuileges superiorities and preheminences in any wyse touching and concerninge any Spiritual or Ecclesiasticall iurisdiction conteined vnder the seconde kinde of Cohibitiue iurisdiction for that may the Prince lawfully exercise and vse and doth not belong vnto the Bishops otherwise than by commission and authoritie of Positiue lawes This limitation of iurisdiction set forth by expresse wordes in y e Act you know right wel ye were also at sundry times put in minde thereof and you were wel assured that your alleaging y e wordes of the Act so darkely confusedly and vntruely could not further your cause amongest the wise and yet woulde you néedes publishe them in this sorte to the people whereby at the least to make both Prince and the Lawe odious vnto the simple subiectes The Bishoppes haue by the expresse woorde of God commission of Spiritual gouernmeÌ„t ouer their flock that is to féede the flock of Christ committed to their charge with Gods holy woorde as I haue declared before Thei haue commission to absolue the faithfully penitent and to reteine or binde the impenitent that is to declare and assure both the one the other by the worde of the Gospel of Gods iudgement towardes them What wil ye inferre hereof will ye coÌ„clude therfore they haue all maner of spirituall gouernement or iurisdiction ouer them Yonge Logicians knowe this is an euell consequent that concludeth vpon one or diuerse particulers affirmatiuely an vniuersall Thus ye argue Bishoppes by the expresse worde of God haue commission to preache to their cures to remitte or reteine synnes Ergo they haue commission by the expresse woorde of God to Sommon councels or Synodes generall or prouinciall to visite that is iudicially sitting in iudgement to enquire of mens manners and forinsically to punishe or correct and to decide the controuersies amongest the people touching contractes of matrimony whoordome tyethes sclaunders c. and to ordeine decrees Lawes ceremonies rites c. If this conclusion followe consequently vpon your antecedeÌ„t than doth it ouerthrowe the doctrine of your Romishe diuinitie whiche graunteth not to the Bishoppes immediatly from God this power without a speciall commission from the Pope in whome onely as the Papistes saye is fulnes of iurisdictioÌ„ and power But if this conclusion followe not consequently vpon the antecedent as a man more than halfe blynde may plainely see it doth not than haue ye concluded nothing at all by Christes diuinitie that may further the matter yee haue taken in hande to proue You falsely reporte the Scriptures in this that you say the Bishops haue commission by the expresse woorde of God to geue vnto their flockes cures the holy ghost by the imposicion of their handes For the place which yée quote for that purpose expresseth no suche commission neither any other place of the holy Scriptures The Bishoppes haue so daungerous a cure and chardge ouer the soules committed vnto them that God will require the bloud of those that perishe thorough their negligence at their handes and therfore hath geuen them sufficient commission for the dischardge of their cures It were therefore an horrible absurditie if they might not exercise any Iurisdiction ouer theÌ„ if they might not visit refourme order and correct them by that commission without a further commissiâ—n from the Q. highnes But doo yée not perceiue which the most simple may sée whereof also yée often were admonished by me your warblinge slaight and Sophisticall quarellinge in equiuocation of woordes termes As there are twoo sortes of Iurisdiction whereof the one not Cohibityue properly belongeth to the Bishoppe whiche he may and ought to exercise ouer his flocke without any other commission than of Christ so to visit refourme order and correct are of twoo sortes the one a Scripturely visitacion reformation and correction by the onely woorde of God which the Bishoppes may and ought to exercise in time and out of time with all possible watchefulnes and diligence without any further commission The other kinde of visitacion reformation correction is Forinsecall or courtly whiche I comprehende vnder the seconde kinde of Cohibitiue Iurisdiction and this the Bishoppe may not exercise without a further commission from the Prince Wherefore it is ouer foule an absurditie in you to inferre that the Bishoppes may not exercise any Iurisdiction visitacion reformacion or correction bicause they may
nunquid iustum videtur si cedat spiritus carni si à terrenis caelestia superentur si diuinis praeferantur humana Sed patienter quaeso accipite libertatem nostram Scio te ouem esse gregis mei scio te intra sacra altaria cum veneratione subijci manibus sacerdotis c. And by this Prophete Ezechiel almighty God saith Ve pastoribus Israel quod infirmum fuit non consolidastis quod aegrotum non sanastis quod confractum non alligastis quod abiectum non reduxistis quod perierat non quaesistis Into the vvhiche maledictions and curses the Bishoppes and Priestes muste needes encurre if they haue no Iurisdiction ouer their flocke if they may not visit them if they may not refourme them if they may not order and correct them at all times as they shall see cause Chrysostomus Homil. 5. de verbis Esaiae vbi sacerdotem astâ—uit esse medium inter Deum Hominem nullumque honorem in terris illius honori posse conferri And therefore here to conclude this my obiection vnto your L. aunsvveare I shall here finishe the same sayinge vvith the blessed martyr Ignatius S. Iohn the Euangelistes disciple Quod nemo praeter Episcopum aliquid agat eorum quae ad Ecclesiam pertinent And so to adioyne hereunto the sayinge of S. Augustine vvho in speaking Contra IulianuÌ„ ait de doctoribus Ecclesiae quod credunt credo quod tenent teneo quod docent doceo quod praedicant praedico istis cede mihi cedes c. The B. of Wynchester In all this parte there is not one sentence that can be drawen by any force to helpe your cause It suffised you to heape vp a sorte of testimonies togeather to make a shew although nothing to the purpose Yea the woordes spoken to the Prophet Hieremy maketh plainely against you For they shew that the mynisters in Gods Church haue authoritie to plucke vp by the rootes and to destroy euilles and the kingedome of Satan to plante good thinges and to edifie the Churche as the glose enterlined hath it or all maner wicked and false doctrine and what so euer the heauenly Father hath not planted as the glose ordinary expoundeth it But the meanes whereby this iurisdiction and authority is exercised is limited and appointed in these woordes Beholde I haue put my woordes in thy mouth saithe God to Hieremy So that other iurisdiction ouer people kingdomes than the preachinge of Goddes woorde Hieremy had not Hieremyes mouth is touched saith y â— glose ordinary and the Lordes woordes are geuen to him that he shoulde receiue boldenes to preache Of this holdenes to preache the woorde of God speaketh Gregory Nazianz. in the place by you alledged After he had comforted his hearers he tourneth his speache to the Princes and suche as were in authority muste wee spare you saithe he bicause of your power as though we feared or were ashamed of the libertie geuen vs of Christe Christes lawe hath made you subiect to my power and to my iudgement seate He speaketh of a spirituall subiection by faith obedience to the mynister exhortinge comfortinge and edifiyng to eternall life by the woorde of God And he addeth more expressedly what maner of rule or empyre he challendgeth namely suche as bringeth the fleashe to be subiect to the spyrite suche as maketh earthly thinges subiect to Heauenly And the subiection he requireth is none other than such as the spiritual shéepe oweth to the spiritual pastour whose rule and subiection Christe vttereth in this sentence My sheepe heare my voice and follow me I know saith Nazianzene to the Emperour that thou arte a sheepe of my flocke and thereupon he concludeth that he muste boldely preache the woorde to the Emperour that he on the other side is subiect therto ought to obey And this is the propre Iurisdiction that belongeth to the Bishoppes Priestes the whiche if they exercise with all possible diligence faithfulnes they shall escape the curses that the Prophete Ezechiel menasseth As coÌ„trarywise if they vse neuer so princely your popish or rather pompous Canon Lawe iurisdiction whiche consisteth in Courtly consistories Forinsecall iudgements farre disagreynge from the right iurisdiction of true and Christianlike Prelates they shal not in y e ende escape the deserued maledictions and curses threatned to such by the Prophet Ezechiel Chrysostome in the homily by you cited condemning the presumptuousnes of the kinge Ozias in enterprising to offer incense whiche belonged by Gods coÌ„maundement onely to the Priest doth compare the obiect or matter of bothe their Mynisteries togeather affirminge that the Priestly dignity respectinge the matter whereabout it is exercised whiche is heauenly and spirituall doth farre excéede the other for y t the matter thereof is but earthly and outwarde His woordes maketh his meaninge plaine The kingly throne saith he hath the administration of earthly thinges and hath not beyoÌ„de this power any further authority But the throne of the Priest is placed in heauen and he hath authority to pronounce of heauenly businesses who saithe these thinges the kinge of heauen him selfe what so euer yee binde vppon earthe shalbe bounde in heaueÌ„ also and what so euer ye lowse on earth shalbe lowsed in heauen also what may be coÌ„pared with this honour Heauen taketh of the earth principall authority to iudge For the iudge sitteth in the earthe the Lorde Christe followeth the seruaunt and what so euer this seruaunt iudgeth in the inferiour partes that same he Christ approueth in Heauen Therefore the Priest standeth a meane or mediatour betwixt God and mans nature bringyng vnto vs the benefites that comme from thense from Heauen c. These woordes of Chrysostome if they haue not an indifferent interpretour that will make his woordes by iuste circumstaunce to serue his meaninge and not to binde his meaninge to his bare woordes will make Heauen to receiue authoritie of the Earth will proue Christe to be inferiour to the Prieste and the Priest to haue the mediation betwixt God and man by meanes whereof wee may receiue the Graces that cummeth from Heauen whiche mediation belongeth onely to Christe Now sith in al these obiections hitherto ye haue brought foorthe nothinge at all that eyther made not againste your selfe or that maketh any whitte for you it is more then time yée drawe to Conclusion and bycause no good Conclusion can followe of euill premisses yée were dryuen to conclude finishe vp your obiection with the like patchinge wrestinge and falsifiynge your Authours as yee did before and therefore in the Conclusion like to him that hauinge no right to any claymed all to obteine somewhat at the least Euen so you to prooue that your Bishops and priestes haue al iurisdiction Ecclesiastical alleage a peece of a seÌ„tence out of Ignatius which barely by it selfe recited géeueth not onely all that vnto the Bishop but al thinges belonginge to the Church besides and that no man may
godly considerations he wrote his letters to the Bishops of euery city declaring both these causes willing them to sende him their aduise what was best to be doon from whome he receiued answere that the Chalcedon councel is to bee mainteined euen vnto death whereupon the Emperour writeth to Stila his Lieutenant of Alexandrea that he shuld mainteine the Chalcedon councell Stila did as the Emperour commaunded he expelled Timotheus Hellurus and placed another in his roume named Timotheus Sale facialius or Albus who liued quietly all the reigne of Leo and Zeno the Emperous till Basilicus gat the Empire who restored Timotheus the Heretique But when Zeno recouered the Empire this Timotheus poysoned him selfe in whose place the Heretiques chose one Peter Mogge After that Zeno the Emperour knew of the crafty dealing of y e heretiques he wrote to his Lieutenaunt Anthemius that he should depriue Peter Mogge and restore Timotheus to the Byshoprike and further that he should punishe those that were the authors to enstall Peter Mogge Anthemius receyuinge the Emperours mandate did depose Peter Mogge as one that was but a counterfayte made Bishop contrary to the Lawes of the catholique Churche and restored Timotheus Salefacialius who beinge restored sent certayne of his Clergie to the Emperour to render him thankes After this Timotheus Ioannes de Talaida was chosen wherof when Acatius Bishop of Constantinople hearde he being offended with Iohn for that he had not sent vnto him synodical letters to signifie of his electiō as y e maner was he ioyned him selfe with the fautours of Peter Mogge accused Iohn vnto the Emperour as one not sounde in Religion nor fit for the Byshoprike Peter Mogge espying this oportuniti edissembleth an vnitie and reconciliation and by his friendes wynneth Acatius who breaketh the matter to the Emperour and perswadeth him to depose Ioannes de Talaida and to restore Peter Mogge so that the same Peter would first receiue and professe the Henoticon that is the confession of the vnitie in faith whiche the Prince had set foorth wherof this is the effect Zeno the Emperour to al Bishops and people throughout Alexandry and Aegipt Lybia and Pentepolis For so much as we knowe that the right and true faith alone is the beginning cōtinuance strength and inuincible shylde of oure Empyre vve labour night and day in praier study and with Lawes to encrease the Catholique and Apostolique Churche by that faith All people next after God shall bowe downe their neckes vnder our power Seing therfore that the pure faith doth on this wise preserue vs and the Romain cōmon wealth many godly fathers haue hūbly beseched vs to cause an vnitie to be had in the holy Churche that the members displaced and seperated through the malice of the enemy may be coupled and knit together And after this declaringe his faith to agree with the Nicen councel and those that condemned Nestorius and Eutyches he saith vve curse those that thinke the contrary After whiche curse declaring al the articles of his faith he concludeth with an earnest exhortatiō vnto the vnitie of faith The Emperour saith Liberatus supposing that Ioannes de Talaida had not ment rightly of y e Chalcedun coūcel but had doon al things fainedly wrote his letters by the perswasion of Acatius to Pergamius Appolonius his Lieutenantes to depose Iohn and enstall Peter Mogge Iohn being thus thrust out repaired to the B. of Antioche with whose letters of cōmendacion he went to Simplicius Bishop of Rome and desired him to write in his behalfe vnto Acatius Bishoppe of Constantinople who did so and with in a while after died This Pope Simplicius consideringe the great contentions that were accustomably about the election of Popes did prouide by decrée that no Pope shoulde hereafter be chosen without the authoritie of the Prince which decrée although it be not extant yet it is manifest inough by the Epistle of kinge Odoacer put into the Actes of the thirde Synode that Simmachus the Pope did kéepe at Rome wherin the Kinge doth not onely auouche the decree of Simplicius but also addeth Wee maruaile that without vs any thinge was attempted seynge that whiles our Prieste meaninge the Bishop of Rome Simplicius was on liue nothinge ought to haue beene taken in hande without vs Nexte after Simplicius was Foelix 3. chosen who after his confirmacion sent many letters aswell to the Emperour as to Acatius Bishop of Constantinople aboute the matter betwixt Iohn and Peter but when he coulde not preuaile in his suite he made Iohn Bishop of Nola in Campania One of the letters that Pope Foelix wrote vnto Zenon the Emperour about this matter is put into the fifth Synode of Constantinople wherin the Pope after the salutation doth most humbly beseche the Emperour to take his hūble suite in good parte He sheweth that the holy Churche maketh this suite that he will vouchesaulfe to mainteine the vnitie of the Churche that he will destroy Heresies that breaketh the bonde of vnitie that he will expell Peter Mogge bothe out of the Citie and also from Churche regiment that he would not suffer Peter being deposed to be admitted to the Cōmunion of the Churche but that by his honorable letters he would banishe him out of the boundes of Antioche And saith this Bishoppe of Rome Foelix vnto the Emperour In his place appoint you one that shall bewtifie the Priesthood by his woorkes Anastasius the Emperour deposed Macedoniue Bishoppe of Constantinople as one that falsified the Ghospels as Liberatus saithe About the election of Symachus Platina mentioneth what great diuision and sedition arose in so much y t the parties were faine to agrée to haue a councell holden for the determination of the matter And there was a councell appointed at Rauenna saith Sabellicus to the ende that the controuersie might be decided accordinge to righte before the Kinge Theodoriche before whome the matter was so discussed that at the last this Pope Symachus was cōfirmed Neuerthelesse this fyre was not thus so quite quenched but that fower yéeres after it blased out sorer againe VVhereat the Kinge saith Platina beinge displeased sent Peter the Bishop of Altine to Rome to enioy the sea and both the other to be deposed Whereupon an other Synode was called of 120. Bishoppes wherein saith Sabellicus the Pope him selfe defended his owne cause so stoutely and cunningly and confuted saith Platina all the obiections laide against him that by the verdict of them all he was acquited and all the faulte laide to Laurence and Peter But to the intent it may the better appeare what was the Kinges authoritie about these matters marke the fourth Romaine Synode holden in the time of this Symachus about the same matter of his whiche although it be mangled and confusedly set foorth in the Booke of generall Councelles bicause as it may séeme that they woulde not haue the whole trueth of this dissention appeare yet will it