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
part of recompence the title of most Christian king and further to augmēt his beneuolence towardes Charles desired him to sende for his Bishops into Fraunce to celebrate a Synode at Rome wherein were gathered together of Bishops Abbottes and other Prelates about 154. In whiche councell also Carolus him selfe was present as saith Martinus Gratianus maketh report hereof out of the Churche history on this wise Charles after he had vanquished Desiderius came to Rome and appointed a Synode to be holden there with Adrian the Pope Adrian with the whole Synode deliuered vnto Charles the right and power to elect the Pope and to dispose the Apostolique sea They graunted also vnto him the dignitie of the aunciēt bloud of Rome wherby he was made a Patrician so capable of y e emperial dignitie Furthermore he decreed that the Archbisshops and Bishops in euery prouince should receiue their inuestiture of him so that none should be consecrate onlesse he were cōmended and inuestured Bishop of the Kinge VVhoso euer woulde doo contrary to this decree shoulde be accursed and except he repented his goodes also shoulde be confiscate Platina addeth Charles and the Pope the Romaines and the Frenche sweare the one to the other to keepe a perpetuall amitie and that those should be enemies to them both that anoyed the one Not longe after Charles perceiuing the Churches to be muche molested and drawne into partes with the Heresie of Foelix calleth a councell of all the Bishoppes vnder his dominions in Italy Fraunce and Germany to consulte and conclude a truthe and to bring the Churches to an vnitie therein as he him selfe affirmeth in his Epistle written to Elepandus Bishop of Tolet and the other Bishoppes of Spaine VVee haue commaunded saith Charles a Synodall councell to be had of deuout Fathers from all the Churches thoroughout our signiouryes to the ende that with one accorde it might be decreed what is to be beleeued touching the opiniō wee know that you haue brought in with newe assertions suche as the holy Catholique Churche in olde time neuer herde of Sabellicus also maketh mention of this Synode whiche was conuocated to Frankeforth ad Caroli aedictum at the commaundement of Charles Carolus Magnus calleth by his commaundement the Bishoppes of Fraunce to a Synode at Arelatum appointeth the Archebishops of Arelatum and Narbon to be chiefe there They declare to the Synode assembled that Carolus Magnus of feruent zeale and loue towardes Christe doth vigilantly care to establishe good orders in Goddes Churche and therefore exhorte them in his name that they diligently instructe the people with godly doctrine and examples of life When this Synode had consulted and agreed of suche matters as they thought fit for that time They decree that their dooinges should be presented vnto Carolus Magnus beseching him that where any defectes are in their decrees that he supply the same by his wisedome Yf any thinge be otherwise than well that he will amende it by his iudgement And that which is well that he wil ratifie ayde and assist by his authoritie By his cōmaundement also was an other Synode celebrated at Cabellinum whereunto he called many Bishops Abbottes who as they confesse in the Preface did consult collect many matters thought fit and necessary for that time the whiche they agreed neuertheles to present vnto Charles to be examined by his iudgemēt to be allowed confirmed amended or disallowed As this councell referreth al y e Ecclesiastical matters to y e iudgement correctiō disallowinge or confirminge of the Prince so amongst other matters this is to be noted that it prohibiteth the couetousnes and cauteles wherewith the Cleargy enriched them selues persuadinge the simple people to geue their landes and goodes to the Churche for their soules health The Fathers in this Synode complaine that the auncient Churche order of excommunicacion dooing penaunce reconciliation is quite out of vse Therfore they agrée to craue y e Princes order after what sort he y t doth cōmitte a publique offence may be punished by publique penance This councell also enueigheth against condēpneth gaddinge on pilgremage in Churche Mynisters Laye men great men beggers all whiche abuses saith the Synode after what sorte thei may be amēded the Princes minde must be knowē The same Charles calleth an other councell at Moguntia In y ◠beginning of their preface to the councel they salute Charles the moste Christian Emperour the authour of true Religion and mainteinour of Gods holy Church c. Shewyng vnto him y t they his most hūble seruauntes are come thyther according to his commaūdement that they geue God thankes Quia sanctae Ecclesia suae piū ac deuotum in seruitio suo concessit habere rectorē Bicause he hath geuen vnto his holy Churche a gouernour godly and deuoute in his seruice who in his times openinge the fountaine of godly wisedome doth cōtinually feede Christes sheepe with holy foode and instructeth thē with diuine knowledge farre passinge thorough his holy wisedome in moste deuout endeuour the other kinges of the earth c. And after they haue appointed in what order they deuide y e states in the councell the Bishops secular Priestes by them selues y e Abbottes religious by them selues the Lay nobilitie Iustices by them selues assigninge due honour to euery persone it followeth in their petition to y e Prince They desire his assistaunce ayde and cōfirmation of suche Articles as they haue agreed vppon so that he iudge them woorthy beseching him to cause that to be amended which is founde woorthy of amendement In like sorte did the Synode congregated at Rhemes by Charles more priscorū Imperatorū as the auncient Emperours were wonte to doo diuers other which he in his time called I would haue you to note besides y e authoritie of this noble Prince Charles y e great in these Church matters which was none other but the selfe same y e other Princes frō Constantine the great had vsed that the holy councell of Moguntia doth acknowledge confesse in plaine speach him to be the ruler of the Church in these Ecclesiasticall causes further that in all these councelles next to the confession of their faith to God without makinge any mention of the Pope they pray commaunde praier to be made for the Prince Pope Leo. 3. as the French Chronicles Nauclerus witnesseth sente foorth with after he was made Pope Peters keyes the Banner of the Citie and many other giftes vnto Charles requiring him y t he wold cause y e people of Rome to become subiect vnto the Pope that by Othe Charles mindinge to gratifie and pleasure Pope Leo there was a cause wherfore sente an Abbot on this busines assured the people of Rome to the Pope by othe This Leo his streight dealinges with the Romaynes was so hatefull vnto them was brought shortly into muche daungier of his life but farre more of his
auncient estate Suche was the carefull trauell of the Godly Princes in gouerning not onely in Temporall but also in Ecclesiasticall thinges and causes Benedictus the ninth solde the Papacy to Gregory the sixt Syluester the thirde thrust in amongest them by frendship and bribery To this case was the Papacy brought nowe saith Platina that onely he that was most mighty in ambition and bribery obteined this dignitie there was no roume for good men Henricus the third surnamed Pius came to Rome to thrust out these three monsters saith Sabellicus and to bring this to passe in better order he calleth a Synode wherein he deposeth these three monstrous beastes and dooth create Clement the second The whiche doon he sweareth the Romaines that they shall neuer after be present at the election of any Pope onles they be compelled thereunto by the Emperour But after the Emperours departure from the citie Stephan perceiuing the people to grudge somwhat at Clementes election despatched him out of the the way with a medicine for a Pope Venenum illi miscuit he poisoned him saith Sabellicus and immediatly after his death entruded himself into the Papacy without consent either of the Emperour people or priest and called himself Damasus 2. But with in a while he died also In y e meane time the Romaines sent to the Emperour besechinge him to appointe them some good man to be their Bisshop who made Bauno Pope and was named Leo 9. After this Leo whom Hildebrand ridde out of the waye saith Benno Cardinalis was Victor the seconde made Pope by the Emperours authoritie or priuilege Shortly after this Godly Emperour died beinge greatly praised surnamed Pius Henricus for his dealinge in the reformation of Churche matters This Emperour had called two councels the one at Constance wherin he was him self present after y e another at Moguntia wherin both the Emperour the Pope sat in Synod This Pope saith Nauclerus came into Germany about the church matters and ordered al thinges therin saith Abbas Vspurg by the aduise and counsaile of the Emperour and other seculer Princes and the Bisshoppes And as this Emperour had yeat this interest in the councelles and in the creatiō of the Pope him self so had he the placing and displacing allowing disallowing in other spiritual promotions as at large appeareth in Nauclerus Stephen 9. was chosen Pope after that Victor had dronken of Hildebrandes cuppe But this Stephen liued not long for saith Benno If any other than Hildebrand were chosen Pope Gerardus Brazutus Hildebrandes familiar friend would soone dispatche him out of the way with poyson Alexander 2. was chosen without the Emperours authoritie or knowledge with whose election the whole Clergy of Lombardy was muche offended refused to owe vnto him any obedience beseching the Emperour that he would geue them licence to choose one of their owne persuading him that there ought none to be electe without the consent of the king of Italy After they had licence they chose Cadolus the Bishop of Parma whom all the Clergy of Lombardy obeied as their lawful Pope The Cardinals saith Benno knowing well Hildebrandes ambition did winne with muche sute the Emperours fauour and aide to their newe elected Pope Cadolus the which did so deepely perce the harte of Hildebrande that he became a deadly enemy to the Emperour for euer after contrary to the faithfull dutie that he had sworne vnto him Hard holde there was betwixt these two Popes so wel with strokes as with woordes they bothe gathered great armies and with their armies came into the fielde in their owne persones and fought twoo cruell and bloudy battailes and so ruled the Schismaticall Churche with Paules swoorde Peters keyes beinge fast locked from them bothe in Christes Churche til the Emperour sent Otto the Archebishop of Collein geuing him full authoritie as he should see cause to set in order the Churche matters Whan Otto came to Rome with this large commission he did sharpely reproue Alexander at the firste Bicause he had taken vpon him the Papacy without the Emperours commaundement and contrary to that order whiche the Lawe it self and the longe custome also hath praescribed Whose wordes Nauclerus telleth thus How commeth this to passe saith he my brother Alexander that contrary to the maner of olde time hitherto obserued and against the law praescribed to the Romain Bisshops many yeres agoo thou hast taken vpon thee the Romaine Papacy without the commaundement of the king and my Lorde Henry and so beginning from Charles the great he nameth many Princes by whose authoritie the Popes were either chosen cōfirmed or had their electiō ratified whan he was going forward in his oration Hildebrand Tharchdeacō taketh y e tale out of his mouth saiyng in great heat O Archbishop Otto the Emperours and kinges had neuer any right at al or rule in the electiō of the Romain Bishops Tharchbishop gaue place to Maister Archedeacon by and by For Hildebrand knewe well inough saith Sabellicus that Otto woulde relent easely and agree with him In suche sorte also haue other godly Princes been beguyled trustinge ouermuche popish Prelates with their embassages Within a while after whan the Emperour heard of these doinges he sent streight to Pope Alexander to gather together the Prelates promising that he him selfe would come to the coūcel to set an order in the Churche matters that all thinges might be doon in his owne presence who vsed Alexander very gently friendly wherwith the Pope afterwardes was so moued and saw how he him self had been abused by Hildebrands instigations against so gentle a Prince y t he was greatly sory that he had attēpted to be Pope without his assent Whereupon saith Benno whan Alexander vnderstoode that he was elected and enstalled by fraude and craft of Hildebrande and other the Emperours enemies in his sermone to the people he plainly declared that he would not sit in the Apostolike sea without the licence and fauour of the Emperour and further said openly in the pulpit that he would sende foorthwith his letters vnto the Emperour for this purpose so greatly he repented him of his vsurpation without the Emperours authoritie Hildebrande who had long awayted and practised to be Pope impacient of any longer tariaunce immediadly after the death of Alexander gatte to be made Pope was called Gregory the seuenth of whose election Abbas Vrspurgens faith next to Alexander succeded Hildebrande vnder whom the Romain cōmon weale and the whole Church was endaūgered and brought in a great peril with new errours and sehismes such as haue not been heard of who climbed vp to this high dignitie with out the consent of the Prince and therfore there be that affirme him to haue vsurped the Papacy by tyranny and not Canonically instituted for whiche cause also many did refuse him to be Pope In this election Hildebrande made poste haste for feare he had come shorte of his purpose In
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
Frenche kynge prouing them to be as in deede they were no other but temporall neuerthelesse not standinge muche about the name nor taking them all away from their iurisdiction he onely said he would reforme them Neuerthels for certeine daies there was muche disputing to and fro whether they belonged to the kinge to reforme or no till the king by his foresaide procuratour gaue them the kinges determinat aunswere declaring vnto them howe that they ought not to be troubled bicause the kinges intention was to keepe those rightes and customes of the Churche and Prelates which were good and reasonable but by reason of their faults the iudgement whiche were good and reasonable apperteined not vnto thē to determine but to the king Bicause the Decree Nouit c. saieth that the kinge of Fraunce in matters de Facto hath not his superiour c. VVhereuppon hee concluded that the kinge woulde heare all the informations And those Customes of the whiche he shoulde be fully enfourmed that they were good and reasonable he woulde make onely to bee obserued In cōclusion the Prelates made such importune labour that the forsaide attourney aunswered them for the kinge that if the Prelates themselues would amende those thinges that were to be amended and corrected the king would abide till the feaste of the Natiuitie next to come within whiche terme he woulde innouate nothing but if within the saide terme the Prelates had not amended those thinges that were to be amended and corrected that then the kinge would put to suche remedy as should be acceptable to God and the people Whiche in conclusion the king was faine to do by a sharpe seuere Lawe whan he sawe howe the Prelates dallied him of with faire wordes and therefore he him selfe Composuit rem sacerdotum did set in order the matters of the Priestes In England at this time many abuses about Ecclesiasticall causes were reformed although the Pope his Clergie did earnestly mainteine them by king Edwarde the. 3. who wrote his letters to y ◠Pope admonishing him to leue of his disordered doinges whan that woulde not serue he redressed them by act of parliament and as Nauclerus saith he commaunded that from thenceforth no body shoulde bring into the Realme any kinde of the Popes letters vnder the paine of drowning and expelled all persones out of his kingdom that weare by the Pope promoted to any benefice Next to Lewes was Charles the. 4. chosen Emperour who helde a councel at Mentze with y e Prelates Princes in the yere of the Lorde 1359. wherein he much reproued the Popes Legate for his disorders and commaunded the Archbishop of Mentze to reforme his Clergie and the disorders amongest them for otherwise he woulde see to it him selfe The Popes Legate seyng howe the Emperour tooke vpon him gate him to his shippe and saylled to Colayn as one that fledde awaye With whiche doynges the Emperour became very famouse for he was a man of great workes who dyd lyghten the kyngdome of Boheme bothe with the the settinge foorth of Religion and with the discipline of Lawes and good manners At this time wrote Nilus the Bishoppe of Thessalonica declaringe the onely cause of the diuision betwéene the Gréeke and the Latine Churche to be for that the Pope will not suffer frée and generall Councelles to be called by the Emperours accordinge to the auncient custome that his authoritie is not by the Lawe of God but by the positiue Lawes of Princes graunted onely because that than Rome was the greatest Citie in the worlde and hath no prerogatiue of Christ or Peter more than any other Bishoprike Kinge Richarde the. 2. called a Councell at VVestminster saith Polydore wherein it was thought good to the Kinge and the Princes for the weale of his realme of Englande if a parte of the Popes authoritie were bounded within the limites of the Occean sea he meaneth that it were driuen out of the Isle of Britaine wherfore it was decreed that hereafter it shoulde be lawfull to no man to trie any cause before the Bishop of Rome nor that any man be publikly pronounced wicked or enemy of Religion that is to wit as the common people terme it be excommunicate by his authoritie nor that if any man haue any suche commaundement from him they execute the same The penaltie ordeined to those that violate this lawe was that losinge all his goodes he shoulde be caste into perpetuall pryson The Churche of Rome at this time was maruailously torne in sunder with an horrible Schisme whiche continued about xl yéeres hauinge at ones thrée heades callinge them selues Popes euery one of them in moste despitefull wise calling the other Antichrist Schismatique Heretique tiraunt thiefe traytour the sonne of perditiō sower of Cockle the childe of Belial c. diuerse learned men of that time inueighed against them all thrée as Henricus de Hassia 10. Cerson Theodorych Nyem secretary before this to Pope Boniface who prooueth at lardge by good reasons by the woorde of God and by the Popes decrées that the refourmation of these horrible disorders in the Churche belonge to the Emperour and the secular Princes Sigismunde the noble Emperour vnderstandinge his duetie herein amongest other his notable actes called a Councell togeather at Constantia and brought againe to vnitie the Churche deuided in three partes whiche Councell saithe Nauclerus beganne by the Emperours commaundement and industry in the yeere 1414. To the whiche Councell came Pope Iohn before the Emperours comminge thinkinge to haue outfaced the Councell with his pretensed authoritie till the Emperour came who geuinge to all men in the Councell free libertie to speake their mindes a great companie of horrible vices were laide streight way to his chardge To the whiche when he was not hable to answeare he was deposed and the other twoo Popes also and an other chosen chiefly by the Emperours meanes called Martyn the. 5. After these thinges finished they entred into the communication of a reformation bothe of the Cleargie and the Layty to whiche purpose the Emperour had deuised a booke of Constitucions and also willed certaine learned Fathers there but specially the Bishoppe of Camera a Cardinall there presente to deuise what faultes they coulde finde and how they shoulde be redressed not sparinge any dégrée neither of the Prelates nor of the Princes them selues Whiche the Bishoppe did and compiled a litle booke or Libell entituled a Libell for reformation of the Churche gathered by Peter de Aliaco c. and offered to the Churche rulers gathered togeather in Constaunce Councell by the commaundement of the Emperour Sigismonde c. In this Libell of reformation after he hath touched the notable enormities in the Pope in the Courte of Rome in the Cardinalles in the Prelates in Religious personnes and in Priestes in exaction in Canons and Decretalles incollations of benefices in fastinges in the diuine seruice in Piaures in
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
the Emperour as a wyse moderatour and Ruler would discourage none but myldely caulmed such as he saw ouer hasty with wilde wordes cooling their heate and commended such as reasoned deepely with grauitie When they had agreed of the chiefe pointes wherefore they were assembled the Emperour him self calleth forth Acesius a Byshop at Constantinople of the Nouatians Religion and examineth him openly touchyng these articles wherunto the whole counsaile had agreed and subscribed He wryteth his lettres to the Churche at Alexandria where the controuersy touchynge the diuinitie of Christ began declaring that he him selfe together with the Byshops in the counsayl had taken vpō him the searchinge foorth of the truthe and therefore assureth them that all thinges were diligently examined to auoyde all ambiguitie and doubtfulnes wherefore he exhorteth and willeth them al that no man make any doubt or delases but y e cherefully they retourne againe into the moste true waye He writeth an other to al Byshops people where so euer wherein he commaundeth that no wryting of Arius or monument conteining Arius doctrine be kepte openly or secretly but be burnt vnder payn of death After that all the matters were concluded and signed with their handes subscription the Emperour dissolueth the counsaile and licenseth euery one of them to retourne home to his own Byshoprike with this exhortation that they continue in vnitie of fayth that they preserue peace and concorde amongest them selues that from thence forth they abyde no more in contentions and last of al after he had made a long oration vnto them touchynge these matters he commaundeth them that they make prayer continually for hym his children and the whole Empyre Arius counterfeyting a false and feyned confession of beliefe like an hypocrite pretending to the Emperour that it was agreable vnto the faithe of the Nicen counsayl humbly beseching the Emperour That he would vnitie and restore him to the mother Churche and therefore hauinge friendes in the Emperours Courte as suche shall neuer want fautours about the best Princes was brought into his presence whom the Emperour him selfe examined diligently and perceyuing no disagrement as he thought from the agreement made in Nicene councell absolued restored him againe whereunto Athanasius who knew Arius throughly would not agrée and being accused therfore vnto the Emperour was charged by lettres from hym that he should receiue Arius with these threates that if he would not he would depose him from his Byshoprike and commy◠him to an other place The Arians heaped vp many and horrible accusations and slaunders vpon Athanasius whereupon the Emperour dooth sommon a counsaill at Tyre and sendeth cōmaundement by his letters to Athanasius that without al excuse he shuld appeare there for otherwyse he should be brought whether he would or no. He writeth to the coūcell his letters wherein he declareth the causes why he called that councell He shewed what he would haue and they ought to doo and prescribeth vnto them the fourme and rule wherby they shall iudge and determine in that Synode Athanasius appeared appealed fled to the Emperour and declared the iniuries offered against him in that councell The Emperour tooke vpon him the hearing of the cause sent his letters to the whole Synode commaūding them without all excuse or delay to appeare before hym in his palayce and there to shewe how vprightly and sincerely they had iudged in their Synode as I haue shewed before Wherein obserue diligently that the Emperour taketh vpon him and no fault found therewith to examine and iudge of the doinges of the whole councell Thus farre of Constantine and his doynges in the execution of his ministerie and especially in perfourming that part whiche he calleth the best part that is his gouernement and rule in Ecclesiasticall matters wherein it is manifest that by the practise of the catholique Churche for his time approued commended by al the catholique priestes and Bishoppes in the Nicen counsaile the supreme gouernement authoritie and rule in all maner causes both Ecclesiastical and Temporall were claimed and exercised by the Emperour as to whom of right suche like power and authoritie belonged and apperteined Constantines sonnes claymed and tooke vpon them the same authoritie that their father had doon before thē and as Zozomen reporteth of them did not only vpholde mainteine the ordinances made by their father Constātine in Churche matters but did also make newe of their owne as occasiō serued the necessitie of y e time required Constantinus after the death of his father restored Athanasius whom his father had deposed to his Bishoprike againe writing honourable and louing letters to the churche of Alexandria for his restitution Constantius deposed Liberius the Bishop of Rome for that he would not consent to the condemnation of Athanasius in whose place Foelix was chosen whome also the Emperour deposed for the like cause restored againe Liberius vnto his Bishoprike who beinge moued with Themperous kindnes as some write or rather ouercome with ambition became an Arian This Emperour deposed diuerse Bishops appointing others in their places He called a Synode at Millayn as Socrates witnesseth saiyng The Emperour commaunded by his edict that there should be a Synode holden at Millayn There came to this coūsaile aboue 300. Bishopppes out of the West countreis After this he mynded to cal a general councel of al the East West Bishops to one place whiche coulde not conueniently be brought to passe by reason of the great distaunce of y e places therefore he commaunded the councell to be kept in two places at Ariminum in Italy at Nicomedia in Bythinia Valentinianus the Emperour after the death of Auxentius an Arian byshop of Millayn calleth a Synode of bishops at Millayn to consult about the ordering of a new bishop He prescribeth vnto them in a graue oration in what maner a man qualified ought to be who shuld take vpō him the office of a bishop They passe to the electiō the people were diuided til at the last they al crye with one consent to haue Ambrose whom although he did refuse the Emperour commaunded to be baptized to be consecrate byshop He called an other Synode in Illirico to appeace the dissentiōs in Asia Phrygia about certein necessary articles of the christian faith and did not onely confirme the true faith by his royal assent but made also many godly and sharpe Lawes as well for the maintenance of the truthe in doctrine as also touching many other causes or matters Ecclesiastical Theodosius was nothing inferiour to Cōstantine the great neither in zeale care or furtherāce of Christes Religion He bent his whole power and authoritie to the vtter ouerthrowe of superstition false Religion some what crept in againe in the times of Iulianus Valens the wicked Emperours And for the sure continuance of Religion refourmed he made many godly Lawes he defended the godly
at the humble sute of Bonifacius by chaunce againste righte be chosen thorough the vndiscreete contention of the Electours wee permitte neither of them to be Prieste or Pope but wee iudge him to remaine in the Apostolique sea whome the diuine iudgement and the common consente dothe appointe from amongest the Clergy in a newe Election Vppon this woorde where the Emperour saithe wee permitte the Glosar saith and so the Emperour dothe not onely abrogate the clayme of bothe those that be chosen in the contention but dothe make them bothe for that time vnable and dothe decree an other to be taken out of the Clergie for that time Againe the Glosar interpretinge this the diuine iudgement saithe this is the meaninge that the Emperours will and election muste stande the Clergy and the whole people acceptinge with thankefull minde whome the Emperour doth choose For the Emperours were called in those daies holy and their rescriptes and iudgementes Diuine Here you sée by the Popes decrées and Glosars that the Emperour had the supreme rule and gouernement in Churche causes and this was the continuall practise of the Churche for the most parte yea euen the Bishoppes of Rome before they were ordered and consecrated had their election ratified and confirmed by the Emperours their Lieutenaunt or other Princes Sabellicus speakinge of the contentious entraunce of Damasus the first into the Papacy whiche was not without great bloudshed as Volateranus saith dothe note the ambition of the Prelates to be the cause of suche contention about their atteininge of such roumes For now saith he the ambicious desire of honour had by litle and litle begon to entre into the mindes of the Bishoppes The whiche was proued ouer true not onely in the elections of the Bishoppes of old Rome but also in many Bishoppes of other Cities especially of newe Rome These diseases in the Churche mynisters and the disorders thereout springyng the Emperours from time to time studied to cure and refourme wherefore Theodosius and Valentinianus when they sawe the great hoouing and shoouinge at Constantinople about the election of a Bishop after the death of Sismius some speakinge to preferre Philippus other some Proclus both beinge mynisters of that Churche did prouide a remedy for this mischiefe to witte they them selues made a decrée that none of that Churche shoulde be Bishop there but some straunger from an other Churche and so the Emperours sent to Antioche for Nestorius who as yet was thought both for his doctrine and life to be a fitte pastor for the flocke and made him Bishop of Constantinople As Constantinus and Theodosius the elder euen so Theodosius the seconde a very godly Emperour hauing practisinge the supreme gouernment in Ecclesiasticall causes séeinge the horrible Heresies spronge vp deuidinge the Church but specially by Nestorius did by his authoritie call the thirde generall councell at Ephesus named the firste Ephesine councell geuinge streight commaundement to all Bishops wheresoeuer that they shoulde not faile to appeare at the time appointed and further vsed the same power and authoritie in the orderinge and gouerninge thereof by his Lieutenaunt Ioannes Comes Sacrensis that other Godly Emperours had béene accustomed to vse before him accordinge to the continuall practise of the Churche as it is plainely set foorth in the booke of generall Councelles In this councell there happened so gréeuous contention betwixt Cyrillus Bishop of Alexandria and Iohn Bishop of Antioche bothe beynge otherwise godly and learned men that the councell was deuided thereby into twoo partes the occasion of this Schisme was partely that Cyrillus and certaine other with him had procéeded to the condemnation of Nestorius before that Ioannes with his company coulde come and partely for that Ioannes of Antioche suspected Cyrillus of certaine Heresies misdéeminge that Cyrill had made the more haste to confirme them before his comminge He therefore with his associates complaineth and laieth to Cyrilles chardge that he did not tarie accordinge to the commaundement of the Emperour for the comminge of the Bishoppes of other Prouinces whiche were called thither from all partes by the commaundement of the Emperour That whan the noble Erle Candidianus commaunded him by writinge and without writinge that he shoulde presume no suche matter but that he and those that were with him shoulde abide the comminge of the other Bishoppes neuerthelesse he procéeded that he and his companie were the authours of dissention and discorde in the Churche and that they had geuen the occasion that the rules of the Fathers and the decrées of the Emperours were broken and troden vnder foote wherefore they iudge Cyrill of Alexandria with Memnon Bishop of Ephesus to be deposed frō their Bishoprikes and Ecclesiasticall mynistery the other their associates to be excommunicate The whiche their doynges they signifie to the Emperour Theodosius by their Sydonical letters to vnderstande his pleasure in allowing or disallowyng of their Synodicall actes After this came the Bishoppe of Romes legates before whome in the councell Cyrillus and Memnon offered vp their libelles deposinge a contestation againste Iohn and his partie to haue them cited and render the cause of their deposition The Bishoppe of Romes legates with the consent of the councel on that parte sendeth for Ioannes and his parties who returneth this answeare Neither sende you to vs nor wee to you bicause wee looke for an answeare from the Prince touchinge you Therefore saith Liberatus Cyrill and Memnon seekinge to reuenge them selues did condemne Iohn and all those that stoode with him who suffered many displeasures at Ephesus thorough the pride of these twaine The Emperour sendeth to the whole Councell his answeare in writinge on this sorte Wee allowe the condemnation of Nestorius Cyrillus and Memnon the other actes and condemnations whiche you haue made ▪ wee disallowe obseruinge the Christian Faithe and vprightnes whiche wee haue receiued of our Fathers and progenitours c. Certaine of the Bishoppes did satisfie the Emperour whome he commaunded to enter into the Churche and to ordeine an other Bishop for Constantinople in the place of Nestorius These thinges thus doone the Emperour dissolued the Councell and commaunded the Byshoppes to departe euery man to his owne countrey Within a while after the Emperour perceiuinge the dissention betwixte Cyrill and Iohn to continewe whiche he thought was not to be suffered called Maximianus and many other Bishoppes that were then at Constantinople with whome he consulted howe this Schisme of the Churches might be taken away Whose aduise had the Emperour sente a noble man named Aristolaus with his letters to Cyrill and Iohn commaundinge them to come to an agreement and vnitie betwixte them selues otherwise he woulde depose and banishe them bothe Whereuppon followed a reconciliation betwéene the twoo Bishops and muche quietnes to the Churches Eutyches stirred vp muche trouble in these daies wherefore he was cited to appeare before Flauianus Bishop of Constantinople and other Bishoppes assembled in a Synode
this moste Christian king He affirmeth that he is ashamed of hym selfe and of his owne slacknes when he doth consider the trauaill of kinges in gathering of soules to the celestial agayn Yea what shall I sayeth this Byshop of Rome to the king answer at the dreadfull doome when your excellencie shall leade after your selfe flockes of faithfull ones whiche you haue brought into the true faith by carefull and continuall preaching c. Although I haue medled and done nothing at all with you doing this altogether without me yet am I partaker of the ioye therof with you Neither doth Gregory blame this kyng as one medlyng in Churche causes wherin he is not Ruler but he prayseth God for him that he maketh godly constitutions against the vnfaithfulnes of miscreantes for no worldly respect wilbe perswaded to se thē violated Next after Sabinianus an obscure Pope enemy and successour to this Gregory succeded Bonifacius 3. Who although he durst not in playne dealing denie or take from the Emperours the authoritie iurisdiction in the Popes election and other Churche matters yet he was the first that opened the gappe thereunto for as Sabell testifieth with whom agree all other writers for the moste parte This Bonifacius immediatly vpon the entraunce into his Papacy dealte with Phocas to winne that the Churche of Rome might be head of al other Churches the which he hardely obteined bicause the Grecians did chalenge that prerogatiue for Constantinople After he had obteyned this glorious ambicious title of the bloudy tyrant Phocas and that with no smal bribes like vnto one that hauing a beame in his owne eie went about to pul the mote out of his brothers he made a decree that euery one should be accursed that prepared to himselfe a way into the Papacy or any other Ecclesiastical dignitie with frendship or bribery Also that the Bishops in euery city should be chosen by the people and Clergy and that the election should be good so that the Prince of the City did approue the party by them chosen and the Pope adding his authoritie therto had ones saide volumus iubemus we will and commaunde But saith Sabell both these decrees are abolished Nowe began this matter to brue by litle and litle first he obteined to be the chiefe ouer all the Bishoppes then to couer vice with vertue and to hide his ambicion he condemned all ambicion in labouring Spirituall promocion and in the election of Bishoppes where the confirmation before was in the Emperours bicause the Emperour gaue him an Inche he toke an elle bicause he had giuen him a foote he would thrust in the whole body and tourne the right owner out For leuing out y e Emperour he putteth in the Princes of the Cities from whome he might as easely afterwardes take away as for a shew he gaue falsely that vnto them that was none of his to giue graunting vnto them the allowance of the electiō but to him selfe y e authoritie of ratifiyng or infringing the same choose them whether they would allowe it or no. And to shewe what authoritie he would reserue to him selfe borowing of the tyrant speaking in the singuler nōbre Sic volo sic iubeo So wil I so do I cōmaunde for the more magnificence in the plural nombre he princely lappeth vp all the matter with volumus iubemus we wil and cōmaūde Which wordes like the Lawe of the Medes Persians y t may not be reuoked if they once passe through the Popes holy lippes must nedes stand allowe or not allowe who so list with ful authoritie the matter is quite dashed But thākes be to God for al this the decree is abolished foloweth immediatly For shortly after Isacius y e Emperours Lieutenant in Italy did confirme ratifie the election of Seuerinus the first of that name for saith Platina The election of the Pope made by the Clergie and people in those daies was but a vaine thing onles the Emperour or his Lieutenant had confirmed the same ▪ Sisenandus the king of Spain calleth forth of al partes of his dominions the Bishops to a City in Spaine called Toletum The purpose and maner of the kynges doynges in that councell the Bishoppes them selues set forth first as they affirme They assemble together by the praeceptes and commaundement of the king to consult of certeine orders of discipline for the Churche to refourme the abuses that were crept in about the sacramentes and the maners of the Clergie The king with his nobles commeth into the councell house He exhorteth them to carefull diligence that thereby all errours and abuses may be wypt away cleare out of the Churches in Spayn They folowe the kinges direction and agree vpon many holsome rules When they haue concluded they beseche the king to continue his regiment to gouerne his people with iustice and godlines And when the king had geuen his assent to the rules of discipline which they had agreed vpon they subscribed the same with their owne handes The like Synode Chintillanus kyng of Spayne did conuocate at Toletum for certein ceremonies orders and discipline whiche was confirmed by his precept and decree in the first yere of his reigne And an other also by the same king and in the same place and for the like purpose was called and kept the second yere of his reigne Chindasuindus king of Spaine no lesse careful for Church matters and Religion than his predecessours appointeth his Bishoppes to assemble at Toletum in conuocation and there to consult for the stablishing of the faith Churche discipline whiche they did Reccessiunthus kinge of Spaine commaunded his Bishops to assemble at Toletum in the first yere of his reigne and there appointed a Synode wherein besides the Bishops and Abbottes there sate a great company of the noble men of Spayne The king him selfe came in amongst them he maketh a graue and very godly exhortation vnto the whole Synode he professed how carefull he is that his subiectes should be rightly instructed in the true faith and Religion He propoundeth the fourme of an Othe whiche the clergy and others of his subiectes were wonte to receiue for the assurance of the Kinges saulfty He exhorteth them to ordeine sufficiently for the maintenāce of godlines and iustice He mooueth his nobles that they will assist and further the good and godly ordinaunces of the Synode He promiseth that he will by his princely authoritie ratifie and maineteine what so euer they shal decree to the furtherance of true Godlinesse Religion The Synode maketh ordinaunces the clergie and nobilitie there assembled subscribeth them and the kinge confirmeth the same with his royal assent and authoritie He called twoo other Synodes in the same place for such like purpose in the seuenth eyght yéeres of his reigne Vitalianus beinge chosen Pope sente his messengers with Synodicall letters according to the Custome saith Gratian to fignifie vnto
your order and praecept wherein for the Seruice and Mynisterie sake that yee owe to God you had the chiefe rule and gouernmēt hath in all pointes followed the doctrine of the Apostles and approued Fathers I doo detest therefore and curse all Heretiques yea Honorius also late Bishop of this sea who laboured prophanely to betray and subuerte the immaculate faithe O holy Churche the mother of the faithfull arise put of thy mourninge weede and clothe thy selfe with ioyefull apparaile beholde thy Sonne the moste constant Constantine of all Princes thy defendour thy helper be not afraide hath girded him selfe with the swoorde of Goddes woorde wherewith he deuideth the miscreauntes from the Faithfull hath armed him selfe in the coate armour of Faithe and for his helmet the hope of Saluation This newe Dauid and Constantine hath vanquished the great Goliath thy boastinge enemy the very Prince and chieftaine of all mischiefe and errours the Deuill and by his carefull trauaile the right faith hath recouered her brightnes and shineth thorough the whole worlde Bamba Kinge of Spaine commaunded a Synode to be had at Toletum in the fourthe yéere of his reigne the occasion was this There had béene no Synode by the space of 18. yéeres before as it is saide in the preface to this Councell by meanes whereof the woorde of God was despised the Churche discipline neglected all Godly order distourbed and the Churche toste and tumbled as a shippe without a rower and sterne meaninge a Kinge to call them togeather in Synode By the carefull zeale of this Kinge beyng called togeather they consulte how to refourme errours about Faithe corruption of discipline and other disorders againste godlines and Religion And at the ende they doo geue great thankes vnto the noble and vertuous Kinge by whose ordinaunce and carefull endeuour they were commaunded to this consultacion who as they affirme of him comminge as a newe repayrer of the Ecclesiasticall discipline in these times not onely intended to restore the orders of the Councelles before this time omitted but also hath decreed and appoincted yeerely Synodes to bée kepts hereafter Eringius kinge of Spaine commaundeth the Bishopps and other of his Clergie to assemble togeather at Toletum in one Synode the first yere of his reigne And called an other to the same place the fourth yeere of his reigne to consulte about reformation of the Churche discipline When the Bishoppes and the residue of the Cleargie were assembled in their conuocation at the commaundemente of the kinge he him selfe with many of his nobilitie and counsailours commeth in to them he declareth the cause wherefore he summoned this Synode he sheweth the miseries the whole countrey hath susteined and the plagues he declareth the cause to be Goddes wrathe kindled by meanes of the contempte of Goddes woorde and commaundement And be exhorteth them that they will with Godly zeale studie to purge the lande from prauitie by preachinge and exercise of godly discipline and that zealeouflye He doth exhorte his nobles that were there presente that they also woulde care diligently for the furtherance hereof he deliuereth vnto the Synode a booke conteininge the principall matter wherof they shoulde consulte And last of all he promiseth by his hande subscription that he will confirme and ratifie what the cleargie and nobilitie shall conclude touchinge these articles for the furtherance of godlinesse Churche Discipline Egita Kinge of Spayne caused in his time also three Councelles to be hadde and celebrated at Toletum for the preseruation of Religion with the Churche Discipline in sinceritie and puritie who also confirmed and ratisied the same with his Royall assent and authoritie Although aboute this time the Popes deuised horrible practises whereby to winne them selues from vnder the ouersight and controlment of the Emperour or any other and to haue the onely and supreame authoritie in them selues ouer al as thei had already obteined to their church the Supreme title to be head of other Churches Yeat the Emperoures had not altogeather surrendred from them selues to the Popes their authoritie and iurisdictions in Church matters For whan the Churche was gréeuously vexed with the controuersie about Images there were diuers great Synodes or Councelles called for the deciding of that troublesome matter by the Emperours and at the laste that whiche is called the seuenth generall or oecumenicall Conncell was called and summoned to be holden at Nice in Bithynia by Constantine and Irene the Emperesse his Mother who was the supreme worker and gouernour although but an ignoraunt and very superstitious woman I will say no worse in this matter For her Sonne was but aboute tenne yéeres olde as Zonoras affirmeth and she had the whole rule although he bare the name After the deathe of Paule the Emperour appointeth Tarasius the Secretary to be Patriarche at Constantinople the people lyked well thereof But Tarasius the Emperours Secretarie refused the office and woulde not take it vppon him till the Emperour had promised to call a generall Councell to quiete the brawles in the Churche aboute Images The Emperour writeth to the Patriarche of olde Rome and to the other Patriarches willinge them to sende their Legates vnto a Councell to bée holden at Nice in Bithynia The Bishoppes assemble at Nice by the commaundement and decrée of the Emperour as they confesse in diuerse places of this Councell Whan the Bishoppes were sette in Councell and many Laye persones of the nobilitie with them the holy Ghospelles were brought foorth as the maner was although the holy Ghospelles were not made Iudges in this councell as they ought to haue been and were in al the forenamed generall councels Tarasius commendeth the vigilant care and feruent zeale of the Emperours about Churche matters for ordering and pacifiyng wherof they haue called saith he this councell The Emperour sendeth vnto the Synode certeine counsailours with the Emperours letters patentes to this effect Constantinus and Irene to the Bishoppes assembled in the second Nicene Synode by Gods grace our fauour and the commaundement of our Emperiall outhoritie He sheweth that it apperteineth to the emperial office io mainteine the peace concorde and vnitie of the whole Romayne Empire but especially to preserue the estate of Gods holy Churches with all possible care and councell For this cause he hath with paine gathered this councel together geueth licence also and libertie to euery man without al feare to vtter his minde and iudgemont frankely to the ende the truthe may the better appeare He sheweth the order he obserued in making Tarasius Bishop He prescribeth vnto the Bishoppes what is their office and what they should doo propoundinge vnto them the holy Ghospelles as the right onely true rule they should folowe After this he mencioneth letters brought from the Bishop of Rome by his Legates the whiche he commaundeth to be openly redde in the councell and so appointeth also other thinges that they should reade There was nothing attempted or done in this councel
again vnto Therâ—e the tenour wherof foloweth after Gratianus reporte I haue red your letters wherin you require me to consecrate the newly elect Bishop of Reatin chosen by the consent of the Clergie and people least the Churche should be long destitute of a propre pastour I am sory for the death of the other but I haue defered the confecration of this for that he brought not with him the Emperours licence vt mos est as the maner is I haue not satisfied youre minde herein least that the Emperour shuld be displeased at my doing Therfore I require you for otherwise I ought not to medle to purchase the Emperours liceÌ„ce directed vnto me by his letters vt prisca consuetudo dictat as the auncient custome doth will and then I will accomplis he your desier I pray you take not this my doing in euill parte Wherof it is manifest inough saith Nauclerus that of the Emperours at that time the Bisshops had their inuestitures although Anto. doth glosse otherwise saiynge that perhaps this electe Bisshoppe was belonging to the Court who ought not to be ordered Not only the textes of many decrees in this destinctioÌ„ doth confirme this to be true but also Gratian himselfe and the glossars do in many places affirme that this was the auncient custome and constituion in the Churche that the elections of the Bisshops of Rome and of other Bishops also should be presented to the Emperours and Princes before they might be cosecrated Immediatly after the death of Stephen Paschalis 1. was chosen Pope He being encouraged by al likelihood by his predecessours like entrance thinking to entreate the Emperour so easely as Stephen had done And boldened with a late made Canon by Stephen suffred him self to be enstalled consecrate without Themperours inuesturing leaue authoritie Neuertheles being better aduised mistrusting his presuÌ„pteous disobedieÌ„t fact wolde displease TheÌ„perour as it did in dede he sent by by his Legates to Themperour to excuse him self laieth all the fault on the people Clergy TheÌ„perour accepting this excuse for that time warneth the people and Clergy of Rome that they take good hede that they do no more offende against his maiestie but that hereafter they doo warely obserue and kepe the old orders and constitutions He calleth this attempt plain treason This Emperour called a councel at Frankforth he bestowed Spiritual promocions and instituted his brother Drogo the chiefe mynister or Bishop at Mettes In the meane whyle dieth Pope Paschalis next to whom folowed Eugenius but elected not without contention and liued but a while after whom succeded ValeÌ„tinus who liued in the papacy but fourty days Next vnto him was chosen Gregory the fourth who was of so great modestie saieth Platina that being elected Pope of the Clergy and people of Rome he would not take vpon him the office before he had his confirmation of the Emperours Embassadours whom the Emperour had sent to Rome for that purpose and to examen diligently that election And Lodouicus the Emperour did this not of pride but that he woulde not loose the priuileges and rightes of the Empire Note all these thinges well the Pope on the one part whaÌ„ he was chosen without any contention yet would he not be consecrate without the Emperours confirmation otherwise he thought it an vnmodest part The Emperour on the other side not onely sendeth his Embassadours to confirme but or euer they confirme him to examyn and diligently to discusse after what sorte he came in and whether he were elected lawfully or no. And this he did not of a pryde saye they muche lesse of any vsurpation but bicause he woulde not loose or diminishe the right herein that belonged to the Emperiall maiestie Here say they he did it of purpose bicause he would not lose his right and not his onely but the right of the Empire But least it should séeme he did tyrannously herein and oppressed the Churche or enfringed her liberties it foloweth all most worde for worde in both these writers Platina and Nauclerus For he was a milde merciful and most gentle Prince of nature and one that did alwayes mainteine the right and dignitie of the Churche Loo howe great clemency this is compted in him and the defence of the dignities and rightes of the Churche the whiche afterwardes and nowe of the Popes is compted the greatest tyranny and oppression of the Churche that can be But further to approue this deede of Lodouike the foresayde authours recite many Canons decrees constitutions that this Emperour made in Ecclesiasticall causes and thinges and especially for the reformation of the disordered behauiours of the Bishoppes and Clergie In so muche that Platina comparinge the dissolutenesse of the Churchemen in his time crieth out Woulde God O Lodouike thou were aliue in these our times for nowe the Churche wanteth thy moste holy ordinaunces and thy discipline The selfe same Lodouicus saith Platina called a councell of many Bisshoppes at Aquisgrane to Goddes honour and the profite of the Church dignitie The Prelates in the preface to this Sinode doo declare what was the care authoritie of the Godly Emperour in this Sinode They affirme that the moste Christian Emperour had called an holy and general congregation or Councell at Aquisgrane He beganne therein thoroughly to handle the mater with wisedome voide of curiositie He counsailed yea warned the holie Synode assembled what was néedefull to be doone touching certaine chiefe ministees of the Churches He warned them further to drawe out of the Holie Canons and the saiynges of the holie Fathers a fourme of institution for the simple soÌ„rte of Ministers whereby they might more easilie learne to walke in theyr duties without offence The Synode geueth God thankes that he had praeferred so holie wise and deuout a Prince to haue the chardge and ouersight of his Churche and the Churches needefull businesse or matters The Synode accordinge to the kinges aduertisement furthered also with his helpe otherwise collecteth a fourme of Institution wherein is conteined at large after what sorte the Prelates oughte to frame their liues rule or gouerne the people committed to their cures c. This done they bring to the Prince their fourme of institution whiche they had deuised This Emperour called an other Councel at Ticinum in Italy for the causes hereafter expressed The matters or causes which the honorable Emperour Lodouicus did commaunde his Bishoppes to consider of are these touching the state of his kingedome of the conuersation of the Bishoppes Priestes and other Churchmen of the doctrine and preachinge to the people of writinge out of Bookes of restoring of Churches of ordering the people and hospitalles for strangers of Monasteries both for men and wemen What so euer is out of order in these forenamed states eyther thorough the negligeÌ„ce of the guides or the slouthfulnesse of the inferiours I am saide he verie muche desirous to knowe and I coueite to amende or refourme
at Moguntia the other at Triburum Of these Popes and those that followed as Formosus Stephanus Romanus Benedictus Leo Christophorus Sergius and a great company moa the Historians geue but an homely testimonie and Naeuclerus saith that to satisfie their voluptuous lustes they dyd maliciously malice one another as most cruel Tyrantes and he added this reason Cum non extarent qui eorum vitia coercerent bicause there was none to correcte and chasten them for their euill doinges For so long as the Princes exercised their authoritie in ouerseing carefully the Churche matters and the mynisters so well the Popes as other Bishoppes there grewe no suche intollerable disorders neither were there suche monsters for so Nauclerus termeth these Popes that continued any space But were by the Princes authoritie suppressed and therfore Nauclerus citeth out of Platina and affirmeth it to be true that the cause of these monstrous Rebelles in the Churche was Quod Resp ignauos desides principes habeat Bycause the common wealth had improfitable and slouthfull Princes Thus these writers burdeine and charge the Princes with the disorders and enormities in Christes Churche wherein they doo them wronge if they thought not that it apperteined to the Princely authoritie to ouersee care and prouide for the good order of Christes Churche and to redresse punishe and remoue the inordinate euilles therein Yea Sabellicus so wondereth at these tragicall examples of the Bishoppes of this time and their horrible obliuion of Godly Religion that he ascribeth the good and godly moderation that was in the Bishops and the dutifull execution of their office from Charles the great till the ende of the Frenche Empire whiche was an whole age to be not so muche of them selues and their owne good wills as of thē awe and feare they had of the Princes kinges and Emperours who were their guardians And therfore cōcludeth that it may be truely said that this was the calamitie of Fraunce Italy and of the Churche of Rome Quod in ea gente desitum esset imperari bicause there was no king nor Emperour to beare rule meaning that although there were kinges and Emperours yeat did they not execute their Princely office and authoritie in ouerseing correcting and reforming the Churche matters and her mynisters and therefore the state was miserable In this cōfusion were al thinges but especially in the Churche of Rome till God stirred vp the wyse and mighty Prince Otho the first whose zeale stoutnes trauayle in reforming Religion and the disordred Churche no tongue is able to expresse saith Nauclerus At this time was Iohn 13. Pope a man replete lodē with all dishonestie and villany against whom twoo of the chiefest amōgest the Clergie the one was a Cardinall saith Luithprādus the other maister of the Rolles made cōplaint vnto Otho most hūbly beseching him to haue some cōpassion on the Church which if it were not speedely reformed must néedes come to vtter decay After whō came the B. of Millain so one after another a great many mo making the same sute vnto Otho who being moued of his own zeale to gods glory but now enflamed by y e lamentable suplicatiōs of these Bishops Rex pijssimus saith Luithp non quae sua sunt sed quae Iesu Christi cogitans The moste religious king hauing carefull cogitations not for his owne thinges but for Iesus Christes matters addressed him selfe with all conuenient spede into Italy to refourme Rome from whence all the mischiefe sprange When the Pope vnderstoode of his comming he prepared to receiue him in most honorable wise and with suche humilitie behaued him selfe towardes the Emperour and shewed such faire face of repentaunce that the well meaning Emperour thought he had meant as he pretended sware the Pope to obedience and loyaltie against Berēgarius and Adalbertus as Luithprandus writeth and so retourned into his countrey This Luithprand is the more to be credited for that he was liuing a famous writer and Deacon Cardinall euen in the same time The Pope immediatly against both othe and honestie practised with Adalbertus to depose this godly Emperour and promised him by othe his aide The reason or cause why Iohn the Pope should hate this most Godly Emperour who had deliuered him out of the handes of Adalbert his enemy and wherfore the Deuil should hate God his creatour semeth not to be vnlike For the Emperour as we haue had good experience vnderstandeth thinges pertaining to God he worketh he loueth them he mainteineth with maine and might the Ecclesiasticall and Temporall matters he decketh them with manners and amendeth them by Lawes but Iohn the Pope is against all these thinges The Emperour seeketh by diuerse waies to reconcile this Pope and to bring him from his filthy life to some honestie regarde of his office Whan by no persuasions he can winne him he determineth to depose him and for that purpose he calleth a councell of the Bishops of Italy to the ende he may seeke the reformation whiche he mindeth and sawe to be ouermuch◠needefull by their aduise Pope Iohn seyng him selfe to be tried by a Synode runneth away when all the people sawe their Pope was runne away from them they sware fidelitie to the Emperour promisinge by their Othes that they woulde neuer hereafter elect or make any Pope without the consent of y e Emperour Within thrée days after there was a great assembly in S. Peters Churche at the requestes of the Bishoppes and people In whiche councell sat the Emperour with many Archebishops and others to whome the godly Emperour propoundeth the cause of their assembly exhorteth them to doo al things with vpright iudgement and the Bishoppes Deacons Cleargy and all the people make solempne protestation and obtestation of their iust and vpright dealing in the cause propounded And bicause the chiefe matter touched the Pope that was rūne away the holy Synode saide if it séeme so good to the godly Emperour let letters be sente to the Pope and cyte him to come and purge him selfe the Letters were directed in this fourme Otho by Goddes grace Emperour with the Archebishoppes of Liguria Tuscia Saxonia and Fraunce sende greeting in the Lorde to Iohn the Pope wee comminge to Rome for our Seruice to God and enquiringe the cause of your absence from your churche were enfourmed by the Bishops Cardinalles Priestes Deacons and the whole people of suche shamefull dooinges by you as wee are ashamed to rehearse whereof these are parte they chardge you with Murder periury sacrilege inceste with twaine of your owne sisters that in your banquettes whiche is horrible to be rehersed yee drinke wine in the loue of the Deuill in your play at dice you craue the helpe of Iupiter Venus and other Deuilles wherefore wee pray you to repaier vnto vs your selfe To this the Pope writeth this answeare I here say yee will make an other Pope whiche if yee attempt I excommunicate you all that yee may haue
Churche commaunded that no Legate of the Churche of Rome shoulde be suffred to entre into Germany with out he were called or hyred of the Emperour nor woulde suffer that any man vnder the maner of appellation shoulde goo vnto the Courte of Rome After the death of Adrian the fowrth the Cardinals fel out amongest them selues for the Election of a newe Pope some stryuinge to haue Rowlande other some coÌ„tendinge to haue Octauian a man saith Vrspurg in all pointes honest and Religious Herevpon sprange an horrible Schisme and greate discorde Rowlande sent his Legates to the Emperour Fredericus 1. and desired him that he woulde take vp and ende this contention by his authoritie The Emperour commaundeth them both to come vnto him at Ticinum where foorthwith he sommoned a couÌ„cell to be holden about this matter mindinge to examine bothe their causes and by searchinge to trye whose cause was the more honest Rowlande beynge afraide to haue the matter come to this tryall getteth him to William of Sicilia the Emperours mortall enemie and within twelue daies putteth on his Cope and nameth him selfe Alexander for he purposed béelyke to make a conquest of the matter He alleaged his ellection to be good out of al doubte and that he sente for the Emperours ayde and not for his arbytrement and therefore thought not good to bringe his case into doubtfull question The Emperour beynge offended with him for that he woulde not obey his appoinctement sente twoo Bishops to cite him to come vnto the Councell by the name of Cardinall and not Pope But Rowlande refused confutinge their Citacion with this Maxime or Principle Romanum Pontificem a nemine iudicari debere the Pope ought not to be iudged of any man But wheÌ„ these Legates from the Emperour came to OctauiaÌ„ he straight ways obeied theybrought him to Papia Vrspur saith that Rowlande was oftentimes monished to come and did contemne all those monitions The Emperour satte in the Councell as Radeuicus Frisingensis who wrote his actes witnesseth and made an oration vnto the Bishoppes wherein he declareth and that by the example of his auncestours Constantinus Theodosius Iustinianus and of later time of Carolus Magnus and other that the power and authoritie to call Councelles where the Churche is troubled with any schismes or other perillous distourbance belongth to the Emperour Notwithstandinge he committed the difininge of the controuersie to their wisedome and gaue them thereunto authoritie The councell debateth the cause consulteth with men learned in the lawe and so concludeth that Octauians election was good and adiudgeth him to be the right Bishop of Rome When they had thus tryed out the matter â—redericus the Emperour saith Platina Confirmat Octauianum Pontificem Confirmed Octauian Pope The Emperour within a while after sente Octauianus new confirmed Pope towardes Rome who dyed in the iourney After whose death the Emperour called an other councel at Wirtzberge as Auentinus writeth wherein were a greate number of Archebishoppes and other Bishoppes and also may of the nobles and states of the Empyre In this Councell a statute or Decree was made by common consente That from hencefoorth none shoulde be Pope onelesse he were created by the consent of the Emperour accordinge as the custome had bene of longe and auncient time This worthy Emperour whom the Chroniclers call Christianissimum moste Christian for his zeale towardes Goddes Churche endeuored not without great perill to him selfe and his estate to reteine the iurisdiction due to the Princes and thereby to refourme the horrible disorders that were growen so highe that they ouerwhelmed the Churche as in lyke sorte diuers other Emperours and Kinges bothe before and after had attempted but in vayne for the wealthy pride the fierce power and trayterous treachery of the Pope and his Prelates was so mighty violent and subtile that there was no earthly power able to withstande or matche with them And therfore Erasmus compteth the Popes of this time and those that folowed to be the Vicars and successours of Iulius Caesar of Alexander the the great of Croesus the ryche and of â—erxes the mighty rather then of Christe the onely Emperour gouernour of the Churche Bernarde calleth Eugenius 3. in his great pompe and pride rather the successour of Constantinus the highe Emperour then of Peter the humble Apostle And Abbas Vrspurg who lyued at this time when the Popes had spoyled the Emperour and other Princes welnighe of all iurisdiction rulinge all by theyr owne Decretalles nowe aboute this time set foorth as they listed maketh a lamentable complainte of the horrible pryde and couetousnesse of the whole clergie and concludeth with these woordes Gaude mater nostra Roma c. Reioyce O our mother Rome bycause the scluses of the hidden treasures in the earthe are opened that riuers and heapes of money maye flowe vnto thee in great abundance Be glad of the iniquitie of the sonnes of men bicause money is geuen to thee for the recompence of so great euilles Be mery and iocund for discordes sake which is thy helper bicause she is rushte out of the infernal pit that pleÌ„tiful rewardes of money might be heaped vpoÌ„ the thou hast that which thou hast alwaies thyrsted after synge pleasant balades for through mennes malitiousnesse not by thy Godlinesse thou hastouercome the worlde About this time the kinge of Cicilia and Apulia had a dispensation from the Pope for money to Inuesture Archebishoppes or Bishoppes with staffe or crosier rynge palle myter sandalles â—r slippers and that the Pope mighte sende into his dominions no Legate onlesse the kinge shoulde sende for him Our Englishe Chroniclers make report that the Kynges of this Realme hadde not altogeather leafte of their dealinge in Churche matters but continued in parte their Iurisdiction aboute Ecclesiastical causes although not without some trouble The Popes Legate came into Englande and made a councell by the assent of kinge William the Conquerour And after that in an other Councell at Winchester * were put downe many Bisshops Abbottes and Priours by the meanes and procurement of the Kinge The kinge gaue to Lanfranke the Archbisshoprike of Cantorb and on our Lady day the Assumption made him Archebishop On whit Sonday he gaue the Archbishoprike of Yorke vnto Thomas a Canon of Bayon When Thomas should haue béene consecrated of Lanfranke there fell a strife betwixt them about the liberties of the church of Yorke The controuersie beinge about Churche matters was brought and referred to the Kinges iudgement and Thomas by the Kinges commaundement was faine to come againe to Lanfranke to be sacred And afterwarde when there grew greater contention betwixt these twaine about Churche matters the Bishop of Rome remitted the matter to be determined before the Kinge and the Bisshoppes of Englande and so at Windesour before kinge VVilliam and the Cleargy the cause was treated Also an other cause was mooued before
benefices thorough the whole worlde and more thei did choose the Pope as it is in C. Adrianus dist 63. And y e same Petrus in an other place saith thus Marke after what sorte and how many waies these Clergy mē doo snare the Lay and enlarge their owne iurisdiction but alas miserable Emperours and secular princes whiche doo suffer this and other thinges you both make your selues sclaues to the Bisshops and yee see the worlde vsurped by them infinite waies and yet yee study not for remedy bicause yee geue no heede to wisedome and knowledge As Petrus Ferrariensis attributeth both the swoordes that is both spirituall temporall iurisdiction to y e Emperour So 10. Quintinus Heduus a famous professour of the law in Paris one that attributeth so much to the Pope as may be muche more than ought to be saith y t In solo Principe omnis est potestas in the Prince alone is al power and thereto auoucheth this saying of Speculator De iurisdict omniū iudicū Quod quicquid est in regno id esse intelligitur de iurisdictione Regis that whatsoeuer is in a kingdome that is vnderstāded to be vnder the iurisdictiō of the kinge To which purpose he citeth an auncient learned one in y e Law whose name was Lotharius who saith he did say That the Prince is the foūtaine or welspring of al iurisdictiō protesteth also him selfe to be of y e same minde writing of the kinges power in Eccl. matters or causes he citeth this Canon Quādo vult Deus foorth of the decrées wherupon he as it were cōmenteth saying This is the reason wherfore it is leafull for the Prince some whiles to determine those thinges whiche concerne the Church least the honesty of the mother he meaneth y e Churche should in any thing be violated or least her trāquillity should be troubled specially of thē to whom she is cōmitted meaning y ◠Church Mynisters If there be any other thing this chiefly is an Ecclesiasticall matter namely to call or cōuocate Coūcelles saith Quintinus But this is the opinion saith he of many learned men that the Emperour may cōuocate a general Coūcel so often and for any cause whan the Pope and the Cardinalles be noted of any suspiciō and doo for slowe and ceasse either for lacke of skill or peraduenture of some euill meaning or of both or els whā there is any Schisme Cōstantinus saith he called the first Nicene coūcell the other three generall Councelles Gratianus Theodosius and Martianus the Emperours called by their edict Iustinianus called the fifte generall councell at Constantinople the Emperour Constantine 4. did conuocate the sixte generall Councell against the Monothelytes The authoritie of the kinge Theoderike cōmaunded the Bisshops and Priestes forth of diuers prouinces to assemble together at Rome for the purgation of Pope Symachus the firste Carolus Magnus as it is in our Histories cōmaunded fiue Councels to be celebrated for the Ecclesiasticall state to wit Moguntinum Remense Cabilonense Arelatense and Turonense The Pope calleth the Bisshoppes to Rome or to some other place the Kinge dooth forbidde them to go or he commaundeth them to come to his Courte or Councell the Bisshoppes must obey the kinges precept not onely in this case but in any other matter what so euer besides sinne for he that dooth not obserue his bounden fidèlitie to the kinge whether he be a Bisshoppe Priest or Deacon is to be throwne foorth of his degree or place For the proufe whereof he citeth many Canons out of the decrées and concludeth thus to be briefe this is mine opinion whan the kinge calleth together the Prelates to a Councell and to reforme the state of the Churche they are bounde to obey yea although the Pope forbidde it The people doth amende or reforme the negligence of the pastour Can. vlt. dist 65. Ergo the Prince also may doo the same If the Bisshop will not or doo forslowe to heare and to decide the controuersies of his Cleargy the Bisshoppe beynge slowe or caryinge ouer longe nothinge dooth hinder or stay saith the Canon to aske Episcopale iudicium the Bisshoply iudgement of the Emperour If it happen that the Priestes be not diligent about the Aultar offices if contēning the tēple neglecting the Sacrifices they hasten into kinges palayces runne to wrastlinge places doo prophane them selues in brothelles houses and if they cōuert that which the faithfull haue offred to Christ to the pleasures of them selues and of theirs wherefore shall not the princes whome the Catholique Faith hath begottē and taught in the bosome of the church call againe and take vpon themselues the care of this matter and so he prooueth at lardge by many examples out of the Histories and the Lawes that this care and chardge in Ecclesiastical matters and causes belongeth to the Princes vnto the whiche examples he addeth this In our Fathers time saith he Kinge Lewes 11. made a constitution that Archebishoppes Bishoppes Abbottes and who so euer had dignities in the Church or had the cure of other benefices should within fiue monethes resorte to their Churches and shoulde not remooue any more from thense diligently there labouringe in diuine matters and sacrifices for the saulfty of the kinge and his kingdome and that vnder a great paine of losinge all their goodes and landes Here Quintinus dooth greuously complaine of the dissolute and moste corrupt manners of the Cleargie whereto he addeth sayinge vvherefore than should not Princes compell this lewde idle kinde of men to doo their dueties If you delight in antiquities saith he no man dothe doubt but that in the primatiue Churche the Princes did iudge bothe of the Ecclesiasticall personnes and causes and did oftentimes make good Lawes for the trueth against falsehood Arcadius and Honorius religious Princes doo depose a troublesome Bishop both frō his Bishoprike sea and name The. 13. first titles of the firste booke of Iustinians Code collected out of the Constitutions of diuers Emperours doo plainly intreate and iudge of those thinges whiche appertaine to the Bishoply cure For what pertaineth more to the office of a Bisshop than Faith then Baptisme then the high Trinity than the conuersation of Monkes the ordeining of Clergy men and Bishoppes and than many like lawes whiche doubtles doo concerne our Religion and Church But the Nouel Constitutions of the Emperour Iustinian are full of suche Lawes And least peraduenture some man might suspect that this was tiranny or the oppression of the Churche Iohn the Pope dothe salute this Imperour the most clement Sonne learned in the Ecclesiasticall disciplines and the most Christian amongst Princes Epist inter claras De sūm a Trin. C. Childebertus the Kinge of Fraunce did exact of Pelagius 2. the confession of his faith and Religion the whiche the Pope bothe speedely and willingly did perfourme C. Sat agendum 25. q. 1. VVhan I was in Calabria saith Quintinus by chaunce I founde a fragment of a certaine
the kingdome whose kinge is a childe and whose Princes banquet earely a kinge I name not for his smale and tender age but for folly and wickednes and madnes according to the Prophet king bloudthirsty and deceitful men shal not liue out halfe their daies By banqueting we vnderstand glotonie through glottony riotousnes through riotousnes all filthy and euill thinges according to kinge Salomon wisedome shall not enter into a froward soule nor dwel in the body that is subdued vnto sinne A king is named of ruling and not of a kingdome so long as thou rulest wel thou shalt be kinge whiche vnlesse thou doo the name of a king shal not coÌ„siste in thee and thou shalt lese the name of a king whiche God forbidde Almightie God geue vnto you so to rule your kingdome of Brytany that ye may reigne with him for euer whose vicar ye are in the kingdome aforesaide VVho with the father c. Thus it is made manifest that bothe your argument faileth in truthe of matter and you your selfe were beguiled through ignorance by wante of reading But put the case that your antecedent were true yet is it a faulty fallax made à dicto secundum quid ad simpliciter and the consequent followeth not for that there is more conteined in the conclusion than the antecedent doth comprehende whiche is suche an euill fauoured forme of argument that yonge studentes in the scholes would be ashamed thereof The Donatistes made the like obiection against the catholique fathers wherto S. Augustine maketh this answere The state of the Apostles time is otherwise to be thought of than this time al thinges must be doon in their time In the Apostles time this prophecie was yet in fulfilling wherfore do the Heathen rage and the people muse vpon vaine thinges The kinges of the earth set them selues and the Princes consult together against the Lorde and his Christ As yet that was not in hande whiche is spoken a litle after in the same psalme and nowe ye kings vnderstand be learned ye Iudges on the earth serue the Lorde in feare and ioy in him with reuerence Therfore seyng that as yet in the Apostles time kinges serued not the Lorde but still did deuise vaine thinges against God and his Christ that all the foresayinges of the Prophete might be fulfilled than truely impieties coulde not be inhibited by princes Lawes but rather be mainteyned For suche was the order of the times that both the Iewes shoulde kill the preachers of Christe thinkinge to doo God good seruice therein as Christ had forspoken and also the gentiles shoulde rage against the Christians that the martirs might winne the victory thorough pacience But after that this began to be fulfilled whiche is writen And al the kinges of the earth shall woorship him and all the nations shal serue him what man onlesse he be not well in his wittes will say that Kinges ought not to haue a speciall regarde for the Churche of Christe and all manner godlines amongst their subiectes You frame an other reason vpon S. Paules woordes vnto the Bishops of Ephesus whereby to prooue that all gouernement in spirituall or ecclesiastical causes belongeth to Bishoppes and Priestes and not to Princes and Ciuill Magistrates thus you argue The holy ghost appointed all spirituall gouernement of Christes flocke vnto Bishops Priestes as the woordes spoken by S. Paule doo make full and perfecte declaration Ergo Kinges Quéenes and Princes may not claime or take vpon them any parte of Spirituall gouernement much lesse take the supremacie and chiefe parte of spirituall gouernement from them For answeare I denie this argument for it is a naughty and deceiptfull Sophistication called Fallacia aequiuocationis There is equiuocacion in this woorde Priestes and also in these woordes to gouerne and rule the Church of God This woorde Priest hath diuerse significacions which are to be obserued least the simple readers be confirmed or brought into errour thorough the equiuocation therein The Scripture speaketh of a priesthood after the order of Aâ—ron after whiche order you will not confesse the Apostles and the Bishoppes their successours to be Priestes an other kinde of Priesthoode is after the order of Melchisedech and Christe onely without any successour in y â— Priesthood was the alone Priest of that order The thirde kinde is an holy and princely Priesthood of the which order not onely the Apostles and their true successours but also Kinges Quéenes Princes al manner of faithfull Christians are Priestes There is in coÌ„mon opinion amongst the Papistes a fourth kinde which is a massinge sacrificing priesthood after which order Christes Apostles the true mynisters of his Church were neuer priests for y e order belongeth onely to y e Apostolical Clergy of y e Romishe Antichrist Yf your meaning therfore be y e Christ left any kinde of gouernment or rule of his Churche to Bishops Priestes after this popishe order your opinion is hereticall your assertion vtterly false Therfore where I shall afterwardes in my speaking cal the mynisters of Christes Churche Priestes I geue you to vnderstande y t I doo therin but follow y e vsuall accustomed kinde of speache which is impropre although in longe vse Likewise to gouerne and rule the Church of God is of twoo kindes sortes the one is by y â— supreme authority power of the swoorde to guide care prouide direct ayde Gods Church to further mainteine setfoorth the true Religion vnitie quietnes of Goddes Churche to ouersée visit refourme restraine amende correct all manner persones with all manner errours superstitions heresies schismes abuses offences conteÌ„ptes enormities in or about Gods Churche Which gouernment rule apperteineth onely to Kinges Quéenes and Princes and not to the Apostles Bishops and Priestes wherof S. Paule speaketh nothinge at al in this sentence by you alledged to the Bishops of Ephesus The other sorte is to féede the flocke of Christ with the Spirituall foode of Goddes woorde which is the onely rule and gouernment that belongeth to the Apostles Bishops Mynisters of Christes Churche of none other manner rule speaketh S. Paule to the Bishops of Ephesus which he maketh most plaine both by y t expresse woordes of y e sentence auouched also by the whole circumstaunce of the same place The woorde y e S. Paule vseth doth proprely signifie to féede as the sheapeherde féedeth his shéepe by a figuratiue speach to guide gouerne or rule therefore if you would haue dealt plainly and haue vttered S. Paules meaning according to his propre speache where you say To gouerne and rule doubling the woordes as it were to amplifie the matter that the truth might lesse appeare you ought to haue saide to feede the Churche of God for that is the Apostles propre saying so the olde translatour of Chrysostome doth translate it vpon the Epistle to y e Ephesians also expouÌ„ding this same
of euery forraine Prince and Prelate state or Potentate This is the proposition of that part of the othe to the whiche adioyne this proposition all true subiectes ought and must beleaue an holy catholique Churche of Christe the communion of Sainctes Espy nowe what opposition is betwixt these two 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
to mine assertion to be committed by Christe to Bishops priestes as proprely apperteyning to their office and calling without further commission or authoritie from Princes or any other power The distinction that I made of Ecclesiasticall iurisdiction I wil first repete and than put mine answeare to your argumentes Spiritual Iurisdiction is deuided into twoo sortes the one is called Cohibityue the other not Cohibityue That whiche is called not Cohibityue is that iurisdiction or power that is exercised and woorketh in the inwarde and secrete courte of conscience that is the preachinge of the Ghospell mynistration of the Sacramentes and the absoluinge and reteininge of sinnes by the woorde of God in the publique mynistery This therfore they call not Cohibityue bicause in the Court of conscience no man is bound or lowsed vnwillingly or against his will To exercise this kinde of Iurisdiction neither kinges nor ciuill Magistrates neither any other persone may challendge or take vppon him onlesse he be lawfully called thereunto Iurisdiction Cohibitiue hath twoo partes the one consisteth in the exercise of excommunication and circumstaunces thereunto required by Christes institution the whiche power or Iurisdiction belongeth to the Churche onely and not to the Prince Bishoppe or Priest for noman hath authoritie to excommunicate but onely the Churche and those who receiue authoritie there vnto by commission from the Churche The other kinde of Cohibitiue Jurisdiction is a power or authoritie that consisteth and is exercised in foro causarum in the courte of causes and apperteineth ad externum publicum forum to the externall and publike Courte and is defined to be saith Antonius an authoritie or power to declare the Law geue sentence and to iudge in all controuersies pertayninge to the Courte what is euery mans right and in summe to doo those thinges that iustice dooth require accordinge to the Lawes Ioannes Quintinus defineth Iurisdiction to the same effect but openeth the nature thereof more plainely sayinge Iurisdiction is an office and authoritie to declare the Lawe that is to admynister iustice and equity◠and to gouerne the people with right and Lawes VVhan I name an office saith he I meane that iurisdiction hath in it selfe a necessity to declare the Lawe for office is that whiche euery man is bounde to doo to declare the lawe is to exercise iudgementes whereuppon commeth iurisdiction he meaneth that iurisdiction hath the name and is so called of exercisinge iudgementes iudgementes are exercised onely of them that haue iurisdiction that is power to iudge Iurisdiction consisteth onely in the contentions or debatinge of matters in Courte or iudgementes This authoritie to iudge dooth discende nowe from the Prince alone in whome onely is all power By vertue of this iurisdiction saith Antonius the Churche mynisters accordinge to their offices rightly enioyned vnto them may lawfully visit enquire of mens manners punishe the faulty send foorth apparitours or sommoners cyte the sturdy and stubborne represse their malepartnes call and sommon meete personnes to the Synode prouinciall or generall confirme the matters decreed in the Synode or Councell pardon faultes chaunge or mytigate the penaunce enioyned for confessed faultes condemne Heretiques and their writinges examine all mens writinges who so euer before they be set foorth or published and after due examination iudge whether they conteyne sounde or pestilent doctrine ordeine Decrees Lawes caeremonies and rytes constitute Bisshoppes and other Churche mynisters also depose degrade make them irreguler and vnhable to haue holy orders determine illegitimation in personnes for maryage bestowe Ecclesiasticall benefices and exact tythes and annates These and many other thinges may be lawfully doone by those that haue the power of this Cohibytiue Iurisdiction whiche is not saithe he properly signified by the name of the keyes for although it may be named in some respecte a Churche keye yet it differeth very muche from the keyes of the firste Courte that is of the Courte of Conscience For the vse of those keyes that are occupied in the Courte of conscience belongeth onely to the Euangelicall Priestes But this Iurisdiction may lawfully be exercised of those that are not mynisters of the woorde and Sacramentes and are not Priestes As the twoo former partes of Ecclesiastical iurisdiction haue their vertue power and institution of Christe immediatly euen so this third part whiche is saide to consiste in foro causarum with those thinges which may be vsed or exercised by vertue thereof dothe depende vppon the positiue Lawes of Christian Magistrates or where suche wanteth vppon the positiue rules and orders of that Churche where suche orders muste be practised and not immediatly vppon the Lawe of God You tooke vppon you to proue that this seconde kinde of Cohibityue Iurisdiction with the appurtenances thereof as I haue rehersed was appointed by the expresse woorde of God immediatly to Bishoppes and Priestes without further commission of Princes or other power whiche I denied Nowe let vs consider the force of your proufes and sée how they conclude your cause Firste yée say that the woordes of the first parte of the Othe doo by expresse woordes of the Acte geue vnto the Q. highnes all manner of iurisdictions priuileges and preheminences in any wise touchinge and concerninge any Spirituall or Ecclesiasticall iurisdiction within the realme with an expresse debarre and flat deniall made of al spirituall iurisdiction vnto the Bisshoppes thereof to be exercised ouer their flockes and cures without her highnes speciall commission to be graunted thereunto they hauinge by the expresse woorde of God commission of spirituall gouernement ouer them Your euill dealing with the woordes of the Acte and the Othe expresseth an vnkindely meaninge to the Prince and the state for that either the Acts or the Othe debarreth or denieth expressely or couertly y e Bishopes of this realme to exercise ouer their flockes and cures without her highnes speciall commission graunted therto any spirituall iurisdiction assigned to a Bishop by the woorde of God is altogether vntrue The Statute geueth or rather restoreth to the Prince Iurisdiction and authoritie to enquire after what sorte the Ecclesiasticall state and personnes behaue them selues in their cures and chardges to refourme and correct the disorders negligencies and enormities risinge amongest them to the hinderaunce of their office in their cures and chardges and in summe to order and prouide that they doo execute their office accordinge to their callinge in their cures chardges This is not to debarre or denie them the exercise of their office without a speciall licence Neither doo the expresse woordes of the Statute geue to the Prince all manner of iurisdictions in suche absolute wise as you reporte in any wise and any spirituall iurisdiction within the realme For these termes all manner in any wise and any spirituall iurisdiction whiche you enforce so muche are not founde in the gifte or restitucion of spirituall iurisdiction made by the acte vnto the Prince But in that parte where the acte geueth afterwarde
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
Magistrates were as yet vnfaithfull and proueth that the Iurisdiction of the Churche was geuen of Christe to remaine till his seconde comminge and belongeth onely to the Churche and not to the Prince Bishoppe or Priest without speciall commission from the Church The which Ecclesiasticall Iurisdiction I comprehended vnder the firste kinde of Cohibytiue Iurisdiction You doo M. Caluin not double but quadruple yée muche more wronge about the citinge of his sentence for as yée haue vntruely reported the circumstaunce of his sentence so haue you hackte from the beginninge thereof one materiall woorde parte of it you haue obscurely translated the other parte falsely and by altering his woordes and sense yée haue belied him slaundered the auncient Bishops and haue auouched M. Caluin if those were his woordes and meaning which you in your translation father vppon him directly against your selfe which you meant not for yée thought as I suppose you had so cunningly handeled him y t he should haue serued your turne If this your euil dealing with M. Caluin procéeded of ignoraunce for y â— his Latine was to fine for your grosse vnderstanding yée are somewhat to be borne withall but if you haue thus dealt of purpose than your malice is ouer great and yée shewe your selfe shameles to deale so vnhonestly that in the sight of all men After y t M. Caluin hath proued that our sauiour Christ gaue the discipline of excoÌ„munication vnto the Church to be exercised continually by y e same to y e censure wherof al estates ought to submitte them selues for if he be an Emperour he is within or vnder not aboue the Church He concludeth with this sentence Quare illi qui vt MagistratuÌ„ ornent c. VVherefore they whiche to adorne the Magistrate doo spoyle the Church of this power to exercise y e discipline of excoÌ„municatioÌ„ doo not onely corrupt Christes sentence with a false interpretation but doo also not lightly condemne all the holy Bishoppes whiche were so many from the Apostles time for so muche as they all the holy Bishoppes haue vsurped to them selues the honour and office of the ciuill Magistrate vnder a false pretense or coullour The first woorde of the sentence which knitteth the same as a conclusion to that that goeth before yée haue left out How darkely yée haue translated the first parte of the periode may appeare by confereÌ„ce of your translation with the Authours woordes The last part ye haue falsely translated tourninge the Coniunction into a Pronoume relatiue and translatinge this woorde Magistratus whereby Caluine meaneth the ciuill Magistrate by these woordes spirituall gouernement and so haue cleane altered bothe the woordes and sence of M. Caluine and yet shame not to belie him saying Iohn Caluin saithe whiche he saith not But it is M. Feckenham that saith and so belieth Caluin and slaundereth the auncient Bishoppes as though they for to them this they hath relacion had taken vpon them the office of the Magistrate as they had done in déede if all manner correction iudgement had belonged to the Magistrate and none at al to the Churche by whose commission they exercised this iurisdiction Yf this were M. Caluines saying as ye translate him that they all the holy Bishoppes from the Apostles time haue vsurped and taken vpon them the honour office of Spirituall gouernement by a false pretext and title made thereof than haue you alledged M. Caluin against your selfe for this senteÌ„ce if it were true ouerthroweth your purpose nothing more And againe Iohn Caluin writing vppon Amos the Prophet is by you alledged to as little purpose For be it that they whiche attributed to King Henry of famous memory so muche authority whiche greeued Caluin were men not well aduised in so dooinge and that they were blasphemours that called him the supreme head of the Churche yée know who they were that first gaue to him that title and authoritie yet your conclusion followeth not hereof Therfore Bishops and Priestes haue authoritie to make Lawes orders and decrees c. to their flockes and cures no more than of his former saiyng Christ gaue to his Churche this authoritie to excommunicate to binde and to lowse Therfore Bishops Priests may make Lawes orders and decrees to their flockes and cures M. Fekenham Hosius Episcopus Cordubensis qui Synodo Nicence primae interfuit Sic habet sicut testatur D. Athanasius aduersus Constantium Imp. Si istud est iudicium Episcoporum quid commune cum eo habet Imperator Sin contra ista minis Caesaris conflantur quid opus est hominibus titulo Episcopis Quando à condito aeuo auditum quando iudicium Ecclesiae authoritatem suam ab Imperatore accepit aut quando vnquaÌ„ pro iudicio agnitum Plurimae ante hac Synodi fuerunt multa iudicia Ecclesiae habita sunt Sed neque patres istiusmodâ—res principi persuadere conati sunt nec princeps se in rebus Ecclesiasticis curiosum praebuitnune autem nouum quoddam spectaculum ab Ariana heresi editur coÌ„uenerunt enim Haeretici Constantius Imperator vt ille quidem sub praetextu Episcoporum sua potestate aduersos cos quos vult vtatur The B. of Wynchester As it is very true that Hosius Bishoppe of Corduba in Spaine was in the first councell of Nice so is it as vntrue that these be his woordes which you haue cited in his name for they be the saiynges of Athanasius and not of Hosius Wherein ye haue done Athanasius thréefolde wronge first to attribute his writinges to an other then also to cause him therein to beare false witnesse against him self and thirdly in that ye haue left out the first woorde of his sentence whiche is a materiall woorde and bringeth in this his saiyng as a reason of that whiche goeth before Athanasius â—â—ndeth him selfe gréeued that both he and many other Godly Bishops for the truthe it selfe suffered much crueltie and were wrongfully condemned not according to the order of the Ecclesiasticall iudgement but by the cruell threathes of the Emperour Constantius beinge an Arian and a fierce mainteinour of the Arianisme Who notwithstanding subtilly couered his vngodly dealinge vnder the pretence of a iudgement or sentence past by Bishops in Synode or conuocation whiche he called Episcopale iudicium a Bisshoply iudgement But saith Athanasius Constantius can not so hide him selfe seeing that there is at hand that can plainly bewray his wilines for if this be the iudgement of Bisshoppes what hath the Emperour to doo therewith But if on the contrary side these things be brought to passe through Caesars threates what neadeth men that haue but the name of Bisshoppes c. There are two thinges necessarily to be considered for to vnderstande rightly the true meaning of Athanasius in this place by you alledged first what was required to that whiche he calleth the iudgement belonging to Bishoppes or the Bishoply iudgement Than what was the dooinges of Constantius pretending a iudgement
and vsed in the same sort his princely authoritie in refourming all abuses in all maner causes ecclesiastical These godly kynges claymed and toke vpon theim the supreme gouernement ouer the ecclesiasticall persons of al degrees and did rule gouerne and direct them in all their functions and in all maner causes belonging to Religion and receyued this witnes of their doinges to wyt that they did acceptable seruice and nothing but that whiche was ryght in Gods sight Therfore it foloweth well by good consequent that Kynges or Queenes may clayme and take vpon them suche gouernement in thynges or causes ecclesiasticall For that is ryght sayth the holy ghost they should than do wrong if they did it not You suppose that ye haue escaped the force of all these and such lyke godly kynges which do marueilously shake your holde and that they may not bee alledged against you neither any testimony out of the olde testament for that ye haue restreignes the proufe for your cōtentation to suche order of gouernement as Christ hath assigned in the Ghospell to be in the tyme of the newe Testament wherin you haue sought a subtyle shift For whyles ye seeke to cloke your errour vnder the shadowe of Christes Ghospel you bewray your secrete heresies turnyng your selfe naked to be seen of all men and your cause notwithstandyng left in the state it was before nothyng holpen by this your poore shift of restreynt So that where your friendes toke you before but only for a Papist now haue you shewed your selfe to them playnly herein to be a Donatist also When the Donatistes troubled the peace of Christes catholique Churche and deuided them selues frō the vnitie thereof as now you do The godly fathers trauailed to confute their heresies by the Scriptures both of the olde and newe Testament and also craued ayde and assistaunce of the Magistrates and Rulers to refourme them to reduce them to the vnitie of the Churche to represse their heresies with their authoritie godly lawes made for that purpose to whome it belonged of dutie and whose especial seruice to Christe is to see care and prouyde that their subiectes be gouerned defended mainteined in the true and sincere Religion of Christ without all errours superstitions and heresies as S. Augustine proueth at large in his epistle against Vincentius a Rogatiste in his epistle to Bonifacins and in his bookes against Petilian and Gaudentius letters Against this catholique doctrine your auncestours the Donatistes aryse vp and desende them selues with this colour or pretence that they be of the catholique fayth and that their churche is the catholique church Which shifte for their defence against Gods truthe the Popishe sectaries do vse in this our tyme being no more of the one or of the other than were the Donatistes and suche lyke of whom they learned to couer their horrible heresies vnder the same fayre cloke that the seculer Princes haue not to medle in matters of Religion or causes ecclesiasticall That God committed not the teaching of his people to kynges but to Prophetes Christe sent not souldiours but fishers to bring in and further his Religion that there is no example of such ordre founde in the Gospel or new Testamēt wherby it may appeare that to secular Princes it belongeth to haue care in matters of Religion And that as it semeth by that S. Augustine by preuention obiecteth against them they subtilly refused all proufes or examples auouched out of the olde Testament as ye craftely do also in bynding me onely to the new Testament which S. Augustine calleth an odious and wicked guyle of the Donatistes Let your friendes nowe whom ye wil seeme to please so muche when you beguyle them moste of all weigh with aduisement what was the erronious opinion thouching the authoritie of Princes in causes ecclesiasticall of the Donatistes as it is here rightly gathered forth of S. Augustine and let them consider wysely these foule shiftes they make for their defence And then compare your opinion and guylefull defences thereof to theirs and they must needds clappe you on the backe say to you Patrisas ▪ if there be any vpright iudgement in them demyng you so lyke your great grandsier Donatus as though he had spit you out of his owne mouth But for that S. Augustines iudgement and myne in this controuesie is alone as your opinion herein differeth nothyng at all from the Donatistes I wyll vse no other confirmation of my proufes alledged forth of the olde Testament for the reproufe of your guylful restraint thē Christes catholique Church vttered by that catholique Doctour S. Augustin against al the sectes of Donatistes whether they be Gaudentians Petilians Rogatistes Papistes or any other petit sectes sprong out of his loynes what name so euer they haue S. Augustine against Gaudentius his second epistle affirmeth saiyng I haue saith he already heretofore made it manifest that it apperteined to the kinges charge that the Niniuites should pacifie Goddes wrath whiche the Prophet had denounced vnto them The kinges whiche are of Christes Churche doo iudge moste rightly that it apperteineth vnto their cure that you Donatistes rebell not without punishement against the same c. God dooth inspire into kinges that they shoulde procure the commaundement of their Lorde to be perfourmed or kept in their kingdome For they to whom it is said and now ye kinges vnderstande be ye learned ye Iudges of the earth ferue the Lorde in feare doo perceiue that their authoritie ought so to serue the Lorde that suche as will not obey his will shuld be punished of that authoritie c. Yea saith y e same S. Aug. Let the kings of the earth serue Christ euē in making lawes for Christ meaning for the furtherance of Christes religiō How then doth kinges saith S. Aug. to Bonifacius against y e Donatistes serue the lord with reuerēce but in forbidding and punishing with a religious seueritie such thinges as are done against the Lordes cōmaundemētes For a king serueth one way in that he is a man an other way in respect that he is a king Bicause in respect that he is but ◠man he serueth the Lorde in liuing faithfully but in that he is also a kinge he serueth in makinge Lawes of conuenient force to commaunde iust thinges and to forbidde the contrary c. In this therfore kinges serue the Lorde when they doo those thinges to serue him which they could not doo were they not kinges c. But after that this began to be fulfilled which is written and all the kinges of the earth shall worship him all the Nations shall serue him what man being in his right wittes may say to kinges Care not you in your kingdomes who defendeth or oppugneth the Churche of your Lorde Let it not apperteine or be any part of your care who is religious in your kingdome or a wicked deprauer of Religion This was the iudgement of S.
Hosius a great learned and godly Bishop of Spaine to take order and to appeace the contention writinge to Alexander and to Arius a graue also a sharpe letter chardging Alexander with vanitie Arius with want of circumspection shewing them both that it was vnséemely for the one to moue suche a question and for the other to answeare therein vndiscreetly doone of them both And therfore commaundeth them to cease of from suche contentious disputatioÌ„s to agree betwixt them selues to lay aside from thencefoorth such vaine and trifeling questions He pacified also the Schisme at Antioche begonne about the choosinge of their Bishop to whome for that purpose he sente honorable Embassadours with his letters to a great number of Bishoppes that than were at Antioche about that busines and to the people exhortinge them to quietnes and teachinge them saith Eusebius to studie after godlines in a decent manner declaringe vnto the Bishoppes as one that had authoritie ouer theÌ„ euen in suche matters what thinges apperteined and were séemely for them to doo in suche cases and noteth vnto them a direction which they should followe And after he had saith Eusebius geuen suche thinges in coÌ„maundement vnto the Bisshoppes or chiefe mynisters of the Churches he exhorted them that they woulde doo all thinges to the prayse and furtheraunce of Goddes Woorde This supreme authoritie of the Emperour in Church causes is moste liuely expressed by S. Augustine Eusebius where they make mencion of the horrible Schisme stirred by the Donatistes against Cecilianus Bishop of Carthage whose election and orderinge to be Bishoppe of Carthage Donatus and others of his companions misliked and therefore made a Schisme in that Churche The question in controuersie was whether Cecilianus beyng ordered Bishop hauinge the imposicion of handes by Felix were Lawfully consecrated and ordred or not This controuersie made a lamentable trouble amongest the Churches in Aphrike At the length the Donatistes accused Cecilian vnto the Emperour desired the Emperour to appointe some Delegates to iudge of this controuersie And for that all the Churches in Aphrique were banded either to the one party or the other and for that Fraunce was frée from this contention they require iudges to be appointed by his authoritie from amongest the Frenche Bishoppes The Emperour muche grieued y e the Church was thus torne in sundre with this schisme doth appoint Melciades Bishop of Rome and Marcus to be his delegates commissaries in this controuersie with certaine other Bishoppes of Fraunce Melciades colleages or fellowe Bishoppes whom the Emperour had coÌ„maunded to be there with them for that purpose These commissioners with certaine other Bishoppes accordinge to the Emperours commauÌ„dement met at Rome and after due examinacion had doe condemne the Donatistes and pronounce Cecilianus cause to be good From this sentence of the Bishop of Rome and other Bishoppes his colleages being the Emperours delegates the Donatistes appeale vnto the Emperour not onely accusinge Cecilianus but also Melciades the Bishop of Rome and the other Commissaries Wherfore the Emperour causeth a Synode to be had at Arclatum committinge the cause to the Bishop thereof and other Bishoppes assembled there by his commaundement to be herde and discussed Whereunto he calleth Crestus the Bishoppe of Syracufe a Citie in Sicily by his letters Wherein he declareth in plaine termes that it belongeth to his imperiall cure to sée these controuersies in Church causes to be determined and ended Donatus his companions beinge condemned also by these Bishoppes in the Synode at Arclatum and Cecilianus cléered doo againe appeale vnto the Emperour from their sentence besechinge him to take the hearinge discussinge of the controuersie Who called both the parties together before him selfe at Millayne and after he had herde the whole matter what was to be saide on both sides he gauÌ„e finall sentence with Cecilianus coÌ„demning y e Donatistes Who after all these thinges thus done as S. Augustine faithe made a very sharpe Lawe against the Donatistes the whiche also his Sonnes after him commaunded to be obserued Athanasius also that moste godly Bishop being ouer muche wronged in the Councell at Tyre did â—lie and à ppeale from the iudgement of that Synode vnto Constantine the Emperour declaringe vnto him his griefes beséechinge him to take the hearinge of the matter before him selfe whiche the Emperour assented vnto writinge vnto the Synode assembled at Tyre commaunding them without delaie to come vnto his Courte and there to declare before me saithe this moste Christian Emperour whome yee shall not denie to be Goddes syncere mynister howe sincerely and rightly yee haue iudged in your Synode When this Synode was assembled at Tyre the Catholique Bishoppes of Egipt wrote vnto the honorable Flauius Dionysius whome the Emperour had made his Lieutenaunt to sée al things well ordered in that Councell and did desire him that he would reserue the examinacion and iudgemeÌ„t to the Emperour him selfe yea they doo adiure him that he doo not medle with their matter but referre the iudgement therof to the Emperour who they â—â—ne we well woulde iudge rightly accordinge to the right order of the Churche There were no Churche mattiers or Ecclesiasticall causes wherein the continuall practise of the Churche of Christe in this Emperours time yea and many hundreth yéeres after did not attribute the supreme rule order and authoritie vnto Emperours and Kinges vppon whome all Churche mattiers did depende as witnesseth Socrates who sheweth this reason of that he doth thoroughout his Eccesiasticall History mention so much the Emperours Bicause that of the Emperours saith he after they beganne to be Christians the Churche matters doo depende yea the greatest Councelles haue beene and are called together accordinge to their appointment Eusebius commendeth the great bountifulnes of Constantine towardes al estates But saithe he this Emperour had a singuler care ouer Coddes Churche for as one appointed of God to be a common or vniuersall Bysshop he called Synodes or conuocations of Goddes mynisters together into one place that thereby he might appeace the contentious striainges that were amonge them in sundry places He disdayned not to be present with them in their Synodes and to sit in the middest of them as it had beene a meaner personnage commendinge and approuinge those that bente themselues of good meaninge to godly vnitie and shewed him selfe to mistike on the other side and to set naught by suche as were of contrary disposition The Ecclesiasticall histories make mention of many Synodes or councelles called or assembled at the appointment and order of this Emperour But the most famous and notable was the Nicene councell about the whiche consider and marke what was the occasion by whose authoritie it was summoned and called together and what was the dooynges of the Emperour from the beginninge vnto the dissolueion thereof and yée shall sée plainely as in a Glasse that by the order and practise of the
bishop of Antioche Flauianus against the bishop of Rome and other byshoppes of the Weste who did falsely accuse him of many crymes and at the lengthe by his carefull endeuour in Churche matters and his Supreme authoritie therein this moste faythfull Emperour sayeth Thedoretus sette peace and quietnes amongest the Bishoppes and in the Churches He called a conuocation of the Bishops to the ende that by common consent all should agree in vnytie of doctrine confessed by the Nicen councell to reconcile the Macedodians vnto the catholique Churche and to electe and order a Byshop in the sea of Constantinople whiche was than vacant When the twoo fyrste pointes coulde not be brought to passe as the Emperour wished they went in hande with the third to consult amongest them selues touching a fitte Bishop for Constantinople The Emperour to whose iudgement many of the Synode consented thought Gregory of Nazianzene moste fit to be Byshop but he did vtterly refuse that charge Than the Emperour commaundeth them to make diligent inquisition for some godly man that myght be appointed to that rowme But when the Byshoppes could not agree vpon any one the Emperour commaundeth them to bringe to him the names of all suche as euery one of them thought moste apt to be Bishop wryten in a paper together He referued to him selfe saith Zozomenus to choose whome he lyked best When he had redde ouer once or twyse the sedule of names whiche was brought vnto hym after good deliberation had with him selfe he chose Nectarius although as yet he was not christened the Bishops maruailing at his iudgemeÌ„t in y e choise could not remoue him And so was Nectarius baptized made bishop of Constantinople who proued so godly a bishop that al meÌ„ déemed this election to be made by Themperour not w tout some miraculous inspiratioÌ„ of y e holy ghost This emperour perceiuing y t the church had ben long time molested draweÌ„ into partes by the Arianisme like to be more greuously torne in sonder w t the heresy of Mâ—cedonius a B. of CoÌ„stantinople knowing y t his supreme gouernemeÌ„t empire was geuen him of God to mainteine the coÌ„mon peace of the Church confirmacion of the true faith summoneth a Synode at Constantinople in the thirde yéere of his reigne whiche is the seconde greate and generall councell of the fower notable and famous oecumenicall councelles and when all the Bishoppes whome he had cited were assembled he cometh into the councell house amongest them he made vnto them a graue exhortation to consulte diligently like graue Fathers of the matters propounded vnto them The Macedonians departe out of the Citie the Catholique Fathers agrée conclude a trueth sende the canons of their conclusion to the Emperour to be confirmed writinge vnto him in these woordes The holy counsaile of Bishops assembled at ConstaÌ„tinople to Theodosius Emperour the most reuerent obseruer of godlines Religion and loue towardes God VVee geue God thankes who hath appointed your Emperiall gouernment for the common tranquillitie of his Churches and to establishe the sounde faithe Sithe the time of our assembly at Constantinople by your godly commaundement wee haue renewed concorde amongest our selues and haue prescribed certaine Canons or rules whiche wee haue annexed vnto this our writinge wee beseche therefore your clemency to commaunde the Decree of the Counsaile to be stablished by the letters of your holines and that yee will confirme it and as you haue honoured the Churche by the letters where with you called vs together euen so that you will strengthen also the finall conclusion of the Decrees with your owne sentence and seale After this he calleth an other Councell of Bishoppes to Constantinople of what Religion so euer thinkinge that if they might assemble together in his presence and before him conferre touchinge the matters of Religion wherein they disagreed that thei might be reconciled and brought to vnitie of Faith He consulteth with Nectarius and sitteth downe in the councell house amongest them al and examineth those that were in Heresie in such sort that the Heretiques were not onely astonied at his questions but also beganne to fall out amongst them selues some likinge some mislikinge the Emperours purpose This done he coÌ„maundeth eche sect to declare their faithe in writinge and to bringe it vnto him he appointeth to them a day whereat thei came as the Emperour coÌ„maunded and deliuered vnto him the fourmes of their faithe in writinge when the Emperour had the sedules in his handes he maketh an ernest praier vnto God for the assistaunce of his holy spirite y t he may discerne the trueth iudge rightly And after he had redde them all he condemneth the Heresies of the Arians Eunomians rentinge their sedules in sundre alloweth onely and confirmeth the faithe of the Homousians and so the Heretiques departed ashamed and dasht out of countenaunce Theodosius left his twoo sonnes Emperours of the which I will say but litle yet wherein it may moste manifestly appeare that the supreme gouernment in causes Ecclesiasticall belonged to the Emperours Archadius the Emperour when Nectarius the Bishop of Constantinople was dead and so the sea vacant was certified thereof he causeth Iohn Chrysostome to be called from Antioche he commaundeth the other Bishoppes collected into a Synode y t they admonishe Chrysostome of Goddes graces and what belongeth to suche a chardge and that they choose and order him to be the Bishop of Constantinople In whiche dooinge saith Theodoretus the Emperour declared what carefull endeuour he had about the holy Churche matters But this supreme authoritie to care appoint and procure woorthy and good Pastours or Bishoppes when the seas were vacant appeareth more plainly in Honorius the Emperour brother to Archadius whome the Bishop of Rome him selfe in his decrées and his Glosars on the same confesse and acknowledge to haue the ouersight rule and gouernment in the elections orderinge of Bishops yea ouer the Bishoppe of Rome him selfe After the death of Pope Sozimus were twoo Popes choosen at ones in a great Schisme the one Bonifacius primus the other Eulalius whereof when the Emperour Honorius had notice beinge at Millayne he caused them bothe to be banished Rome But after seuen monethes Bonifacius was by the Emperours commaundement called againe and confirmed by his authoritie in the Apostolicall sea This Bonifacius beinge nowe settled in the Papacy by humble suite to y e Emperour prouideth a remedie against suche mischiefes in time to come The case was this saith the Glosator Boniface the firste did beseeche Honorius the Emperour to make a Lawe whereby it might appeare what were to be done when twoo Popes were chosen at ones by the vndiscreetnes of the Electours contendinge amongest them selues Honorius did than constitute that neither of those twaine shoulde be Pope but that in a newe Election a thirde shoulde be chosen by common consente If twoo saithe the Emperour in his Lawe made
to answeare vnto his heresies who woulde not appeare but fledde vnto the Emperour Theodosius and declareth vnto him his griefe The Emperour sendeth vnto the Synode with Eutyches one of his chiefe officers Florentius with this mandate Bicause wee studie carefully for the peace of Goddes Churche and for the Catholique Faithe and will by Goddes grace haue the righte Faithe kepte whiche was sette foorth by the Nicene Councell and confirmed by the Fathers at Ephesus when Nestorius was condemned wee will therefore theâ—e bee no offence committed aboute the aforenamed Catholique Faithe and bicause wee knowe the honourable Florentius to be a faithfull and an approoued man in the righte faithe wee will that he shalbe present in your Synode bicause the conference is of the Faithe He was there asistaunt vnto the Fathers and examined Eutyches openly in the Synode diuerse times of his faithe and finally saide vnto him He that saithe Florentius doth not confesse in Christe twoo natures doth not beleeue aright and so was Eutyches excommunicate deposed and condemned Eutyches rested not here but obteined that the Emperour did commaunde a newe Synode to be had at Constantinople wherein to examine the actes of the former whether that all thinges touching the procéeding against Eutyches were done orderly and rightly or no. He appointeth besides Florentius diuerse other of his nobles to be in this councell to sée the dooinges thereof But when Eutyches coulde not winne his purpose in neither of these Synodes he procureth by friendship of the Emperesse Eudoxia and others that the Emperour shoulde call a Synode againe at Ephesus to the whiche Synode the Emperour prescribeth a fourme of procéedinge This Synode was a wicked conuenticle wherein the trueth was defaced and Heresie approoued the Emperour beinge seduced by Chrysaphius one of the priuie chamber and in moste fauour with him Leo the first Bishop of Rome a learned and a godly Bishop although not without all faultes maketh humble supplication vnto Theodosius the Emperour and vnto Pulcheria that there might be a generall councell called in Italy to abolishe the wicked errour in Faith confirmed by the violence of Dioscorus The selfe same Bishoppe of Rome with many Bishoppes kneelinge on their knees did moste humbly beseeche in like sorte Valent inianus the Emperour that he woulde vouchesaulfe to entreate and exhorte Theodosius the Emperour to call an other Synode to reuoke those euill actes and iudgementes whiche Dioscorus had caused to be done in the condemnation of Flauianus Bishop of Constantinople and others In whiche examples it is manifest that the Bishops of Rome did acknowledge the supreme gouernment direction and authoritie in callinge of councelles whiche is one of the greatest amongest the Ecclesiasticall causes or matters to be in the Emperours and Princes and not in them selues Marcianus a godly Emperour and very studious about the Christian Religion succeded Theodosius who besides that of him selfe he was muche carefull to suppresse al heresies and to refourme the Churches restoring Religion to puritie without errour was also hastened hereunto by the earnest sute of Leo Byshop of Rome who in diuerse and sondrie epistles declaring vnto him in moste humble wise the miserable state of the Churche dooth beseche him that he would vouchsaulfe to call a general councell Many other Byshops make the same suite vnto the Emperour and to the same ende complaining vnto him of the miserable destruction and horrible disorders in church causes An example and paterne of their supplications wherby may appeare that they acknowledged the Emperour to be their Supreme gouernour also in Ecclesiasticall causes or matters is sette foorth in the Chalcedon councell in the supplication of Eusebius the Bishop of Dorelaum vnto the Emperour who maketh humble supplicatioÌ„ as he saith for him selfe and for the true or right faith VVe flie vnto your godlines saith this Bishop vnto the Emperour bicause both we and the Christian faith haue suffered muche wronge against all reason humbly crauing iustice and for that Dioscorus hath doon many and that no small offences both against the faith of Christe and vs prostrate we beseche your clemency that you will commaunde him to aunswere to the matters we shall obiecte against him wherin we will proue him to be out of the catholique faith defending heresies replete with impietie VVherefore we beseche you to directe youre holy and honourable commaundement to the holy and vniuersall councell of the moste religious Bishoppes to examen the cause betwixt vs and Dioscorus and to make relation of all thinges that are doon to be iudged as shall seeme good to your clemency The Emperour protesting that they oughte to preserue the furtheraunce of the right faythe and Christian Religion before all other affaires of the common wealth sendeth their letters of summons to all Bishoppes commaundinge them to repaire to Nice a citie in Bithynia there to consulte and conclude an vnitie and concorde in Religion matters perteining thereunto that hereafter all altercation doubtfulnesse be taken cleane away an holesome trueth in Religion established addinge threates punishment to them that would refuse to come at the time appointed Whan thassembly was made at Nice of all the Bishops and that the Emperours could not come thither to be present in the Synode personally whiche they had promised and did much coueite they write vnto the whole Synode willing them to remoue from Nice vnto Chalcedon with out delay where they assembled at the Emperours commaundement to the number of 630. Bishoppes The Emperour assigneth Iudges and rulers in the Sinode about 24. of the chiefest of his Nobles and Senatours After all the Bishoppes and the Iudges were assembled in the councel house which was in S. Euphemies church the Emperour Martianus with Pulcheria entreth in amongst them maketh an Oration vnto the whole Councell to this effecte First he declareth what zeale care he hath for the maintenance and furtherance of true Religion Then he sheweth that partely the vanitie partely the auarice of the teachers had caused the discorde and errour in Religion He addeth the cause wherefore he chardged them with this trauaile And last of al he prescribeth a fourme after which they must determine the matters in controuersie This done the Iudges sat downe in their places the Bishoppes arowe some on the right hande others on the left hande And whan that Dioscorus was accused the Iudges willed him to vse his lawful defence there began to be amongst the Bishops whote schooles wanting some modestie wherfore the Iudges at the first staied them with milde wordes VVilling them to auoide confusion but being earnest they ouershot the modestie of so graue men wherfore the honourable Iudges and Senate of the Laity appointed by the Emperour did reproue theÌ„ saiyng These popular acclamations neither becommeth Bishoppes neither yet helpe the parties be ye quiet therfore and suffer al things to be rehersed and heard in order with quietnes VVhen
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
authoritie in these causes had been aboue the Emperours he needed not with suche lowlynes and so many teares to haue besought the Emperour to haue reuoked his decree and edict Within a whyle after this Iohn was Agapetus Pope whom Theodatus the kynge sent on his Ambassage vnto the Emperour Iustinianus to make a suite or treaty in his behalfe When the Emperour had enterteined this Ambassadour with muche honour and graunted that he came for touching Theodatus he earnestly both with fayre wordes and foule assayled this Pope to brynge him to become an Eutychian the which when he could not wynne at his hande beyng delighted with his free speeche and constancie he so lyked hym that he foorthwith deposed Anthemius Byshoppe of Constantinople bycause he was an Eutychian and placed Menna a Catholique man in his rowme Agapetus dyed in this Legacy in whose rowme was Syluerius made Pope by the meanes or rather as Sabellicus sayth by the commaundement of the kinge Theodatus the whiche vntill this time was wont to bee doone by the authoritie of the Emperours sayeth Sabellicus for the reuenge whereof Iustinianus was kindled to make warres against Theodatus Syluerius was shortlye after quarrelled withall by the Empresse through the meanes of Vigilius who sought to bee in his rowme and was by the Emperours authoritie deposed The whiche acte although it were altogether vniust yet declareth it the authoritie that the Prince had ouer the Pope who lyke a good Byshoppe as he woulde not for any threates doo contrary to his conscience and office ▪ so lyke an obedient subiecte he acknowledged the Prynces authoritie ▪ beynge sent for came beinge accused was ready with humblenes to haue excused and purged hym selfe and whan he coulde not be admitted therunto he suffred him selfe obediently to be spoyled of the Bishoplike apparayle to bee displaced out of his office and to be clothed in a Monasticall garment The same measure that Vigilius did giue vnto Syluerius he him selfe beyng Pope in his place receyued shortly after with an augmentation for he was in like sorte within a whyle deposed by the Emperours authoritie bicause he would not kepe the promise whiche he had made vnto the Emperesse and was in moste cruell wise dealt with all whiche crueltie was the rather shewed to him by the meanes and procurements as Sabellicus noteth of Pelagius whom Vigilius had placed to be his Suffragan in his absence About this tyme Epiphanius Bishop of Constantinople as Liberatus saith died in whose rowme the Empresse placed Anthymus About whiche time was great strife betwene Gaianus and Theodosius for the Bishoprike of Alexandria and within two monethes saith Liberatus the Empresse Theodora sent Narses a noble man to enstall Theodosius and to banishe Gaianus Theodosius beinge banished the sea was vacant wherunto Paulus who came to Constantinople to pleade his cause before the Emperour against certeine stubborne monkes was appointed and he receiued saith Liberatus authoritie of the Emperour to remoue heretiques and to ordeine in their places men of right faith This Paulus was shortely after accused of murther whereupon the Emperour sent Pelagius the Popes proctour liyng at Constantinople ioyning vnto him certeine other Bishoppes with commission to depose Paulus from the Bishoplike office whiche they did and they ordered for him zoilus whome afterwarde the Emperour deposed and ordered Apollo who is nowe the Bishop of Alexandria saith Liberatus Certeine Monkes met with Pelagius in his retourne from Gaza where Paulus was deposed towardes Constantinople bringing certeine articles gathered out of Origenes workes minding to make suite vnto the Emperour that both Origen and those articles might be condemned whome Pelagius for malice he bare to Theodorus Bishop of Caesaria in Cappadocia an ernest fautor of Origen did further all that he might Pelagius therfore doth earnestly entreate the Emperour that he would commaunde that to be doone whiche the Monkes sued for to witte that Origen with those articles shoulde be damned The whiche suite the Emperour graunted beinge gladde to geue iudgement vppon suche matters and so by his commaundement the sentence of the great curse against Origen and those Articles were drawne foorth in writing and subscribed with their handes and so sente to Vigilius the Bishop of Rome to zoilus Bishop of Alexandria Euphemius of Antioche and Peter Bishop of Hierusalem These Bisshops receiuinge this sentence of the curse pronounced by the Emperours commaundement and subscribinge thereunto Origine was condemned beinge dead who before longe agoe on liue was condemned When Theodorus Bishop of Caesarea in Cappadocia herde of this condemnacion to be reuenged he laboured ernestly with the Emperour to condemne Theodorus Mopsuestenus a famous aduersarie of Origen the whiche he brought to passe by ouermuche fraude abusinge the Emperour to the great slaunder and offence of the Churche Thus in all these Ecclesiasticall causes it appeareth the Emperour had the chiefe entermedlinge who although at the laste was beguiled by the false Bishoppes yet is it woorthy the notinge by whome this offence in the church came which appeareth by that that followeth I beleeue that this is manifest to all men saith Liberatus that this offence entred into the Churche by Pelagius the Deacon and Theodorus the Bishoppe the whiche euen Theodorus him selfe did openly publis he with clamours cryinge that he and Pelagius were woorthy to be brente quicke by whome this offence entred into the worlde This Pelagius as yet was but Suffragan or proctor for the Pope who afterwarde in the absence of Pope Vigilius his maister crepte into his sea in the middest of the broiles that Totylas kinge of the Gothes made in Italy when also he came to Rome In the which history is to be noted the Popes subiection to Totylas whome humbly on his knées he acknowledged to be his Lorde appointed therto of God and him selfe as all the rest to be his seruaunt Note also howe the kinge sent him Embassadour what chardge and that by Othe of his voyage of his message and of his returne the King streightly gaue vnto him howe buxomely in all these thinges he obeyed How last of all towarde the Emperour beinge commaunded by him to tell his message he fell downe to his féete and with teares both to him and to his nobles he ceased not to make moste lamentable and humble supplication till without spéede but not without reproche he had leaue to returne home But least you should take these thinges to set foorth that Princes had onely their Iurisdiction ouer the Ecclesiasticall persones and that in matters Temporall and not in causes Ecclesiasticall marke what is writen by the Historians Platina amongest the decrées of this Pope Pelagius telleth and the same witnesseth Sabellicus that Narses the Emperours other deputie Ioyntly with Pelagius did decree that none by ambition shoulde be admitted to any of the holy orders Pelagius more ouer writeth vnto Narses desiringe him of his ayde againste all the Bishoppes of Liguria
▪ Venetiae and Histria whiche woulde not obey him puttinge their affiaunce in the authoritie of the firste Councell of Constantinople In whiche Epistle amongest other thinges he writeth on this wise Your honour muste remember what God wrought by you at that time when as Totyla the tiraunt possessinge Histriam and Venetias the Frenche also wastinge all thinges you woulde not neuerthelesse suffer a Bisshoppe of Myllaine to bee made vntill yee had sente woorde from thence to the moste milde Prince meaninge the Emperour and had receiued answeare againe from him by writinge what shoulde be done and so bothe he that was ordeined Bisshoppe and he that was to be ordeined were broughte to Raūenna at the appointement of your highe authoritie Not longe after Pelagius 2. bicause he was chosen Iniussu Principis without the Emperours commaundement and coulde not sende vnto him by reason the Town was besieged and the huge risinge of the waters stopped the passage as soone as he mighte beynge elected Pope he sente Gregorie to craue the Emperours perdone and to obteyne his good will For in those daies saithe Platina the Clergy did nothinge in the Popes election except the election had beene allowed by the Emperour Aboute the time of Pelagius the firste his Papacy was there a Councell holden at Towers in Fraunce by the licence and consente of Arithbertus the Kinge for the reformacion of the Churche discipline wherein appeareth that the Kinges authoritie was necessarily required to confirme and strengthen the discipline For where they decrée of the maydes or widdowes that shall not be maried without the consent of the parentes which is an especiall matter Ecclesiasticall they declare the strength thereof to depende vppon the commaundement of the Prince Not onely say they the Kinges Childebert and Clotharius of honourable memory kepte and preserued the constitution of the Lawes touchinge this matter the whiche nowe the kinge Charibert their successour hath confirmed or strengthened by his praecept The Emperour Iustinianus calleth the Bishoppes of all Churches vnto a generall Councell at Constantinople the whiche is called the fifte oecumenicall Synode to represse the insolence of certayne Heretiques who taught and mainteined Heresies and Schismes to the great disquieting of the Churche against the doctrine established in the foure forenamed generall Councelles In the time of this councell Menna the Bishop of Constantinople departed out of this life in whose rowme the Emperour placed Eutychius The Emperour gouerneth and directeth all thinges in this Councell as the Emperours before him had doone in the other generall Synodes as appeareth by the writinge whiche he sente vnto the Bishoppes wherein he sheweth that the right beléeuinge godly Emperours his auncestours did alwaies labour to cut of the Heresies spronge vp in their time by callinge together into Synode the most religious Bishoppes and to preserue the holy Churche in peace and the right faithe to be sincerely preached and taught He alledgeth the examples of Constantinus Magnus Theodosius the elder Theodosius the yonger and Martianus the Emperours who saith he called the former generall councelles were present them selues in their owne persones did ayde and helpe the true confessours and tooke great trauaile vppon them that the right faith shoulde preuaile and be preached Our forenamed auncestours of godly memory saith he did strengthen and cōfirme by their Lawes those thinges which were decided in euery of those councelles and did expulse the Heretiques whiche wente about to gainesaie the determinations of the fower forenamed generall councelles and to vnquiet the Churches He protesteth that from his firste entraunce he made these the beginninges foundacion of his emperiall gouernment to wit the vnitie in Faith agreable to the fowre generall councelles amongest the churche ministers from the east to the weast the restraigninge of schismes and contentions stirred vp by the fautours of Eutyches and Nestorius against the Chalcedon councell the satisfiynge of many that gainesaide the holy Chalcedon councell and the expulsion of others that perseuered in their errours out of the holie Churches and Monasteries To the ende that concorde and peace of the holie Churches and their Priestes beinge firmely kepte one and the selfe same faithe whiche the fowre holie Synodes did confesse might be preached throughout Goddes holie Churches He declareth howe he had consulted with them by his letters and messengers aboute these matters and how they declared their iudgements vnto him by theyr writinges notwithstandinge séeinge certaine Heretiques continue in their heresies Therefore I haue called you saith he to the royall Citie meaninge Constantinople exhortinge you beynge assembled togeather to declare once againe your mindes touching these matters He showeth that he opened these controuersies to Vigilius the Pope at his beyng with him at Constantinople And we asked him saith he his opinion herein and he not once nor twise but oftentimes in writinge and without writinge did curse the three wicked articles c. VVe commaunded him also by our Iudges and by some of you to come vnto the Synode with you and to debate these three articles togeather with you to the ende that an agreeable fourme of the right faith might be set foorth and that we asked both of him and you in writinge touchinge this matter that eyther as wicked articles they mighte be condemned of all or elles if he thought them right he shoulde shewe his minde openly But he answeared vnto vs that he woulde dooe seuerly by him selfe concerninge these three pointes and deliuer it vnto vs He declareth his owne iudgement and beliefe to be agreeable with the faith set foorth in the fowre generall Councelles He prescribeth vnto them the speciall matters that they shoulde debate and decyde in this Synode whereof the finall ende is saithe he That the trueth in euery thinge maye be confirmed and wicked opinions condemned And at the laste he concludeth with an earnest and godly exhortacion to seeke Goddes glory onely to delare their iudgementes agréeable to the holye gospell touching the matters he propoundeth and to doe that with conuenient spéede Dat. 3. Nonas Maias Constant inopoli The Title prefixed to the first generall councell sommoned by the commandement of Iustinian telleth in effect generally both the matter and also who had the chiefe authoritie in the orderinge thereof for it is intituled The diuine ordinaunce and constitution of Iustinian the Emperour against Anthymus Seuerus Petrus and Zoaras Mennas the vniuersall Archebishop and Patriarche of Constantinople was present in this Councell who had adioyned vnto him placed on his right hande certaine Bishops coadiutours named and appoincted by the cōmaundement of the Emperour sent out of Italy from the sea of Rome When they were set thus in councell Themperour sent Theodorus one of the Maisters of the Requestes or his Secretarie a wise man vnto the Synode Bishoppes Abbottes many other of the cleargy with theyr billes of supplications whiche they had put vp vnto the Emperour for redresse of certaine matters Ecclesiasticall
cōplaintes that were brought vnto him against the Clergy Monkes and certeine Bishoppes that their liues were not framed accordynge to the holy Canons and that many of them were so ignoraunt that they knewe not the prayer of the holy oblation and sacred Baptisme Perceiuynge further that the occasion hereof was partely by reason that the Synodes were not kept accordinge to the order appointed partly for that the Bishoppes Priestes Deacons and the residue of the Clergie were ordered bothe without due examinatiō of the right faith and also without testimony of honest conuersation Protesting that as he is mindefull to see the ciuill Lawes firmely kept euen so he ought of dutie to be more carefull about the obseruation of the Sacred rules and diuine Lawes and in no wise to suffer them to be violated and broken He renueth the constitutions for the Clergie touching Churche causes saying Folowyng therefore those thinges that are defined in the sacred Canons we make a pragmaticall or moste full and effectuall Lawe whereby we ordeine that so often as it shalbe neadfull to make a Bishop c. And so goeth forwarde in prescribing the fourme of his election examination approbatiō And shutteth vp y e Lawe about the ordering of a Bishop with this clause If any shalbe ordered a Bishop against this former appointed order bothe he that is ordered and he also that hath praesumed to order against this fourme shall be deposed He decreeth also by Prouiso what order shall be kept if it chaunce that there be any occasion or matter layde to the charge of him that is to bee ordered either Bishop Priest Deacon Clergy man or els Abbot of any Monastery But about all thinges sayeth he wee enact this to be obserued that no man be ordered Bishop by giftes or rewardes for both the geuer taker and the broker if he be a Churche man shalbe depriued of his benefice or clericall dignitie and if he be a Lay man that either taketh rewarde or is a woorker in the matter betwene the parties we commaunde that he paye double to be geuen to the Churche He geueth lycence neuertheles that where there hath bene somethyng geuen by hym that is ordered Byshoppe of custome or for enstallation that they maye take it so that it exceede not the somme prescribed by hym in this Lawe VVee commaunde therefore that the holy Archebishoppes namely of the elder Rome of Constantinople Alexandria Theopolis and Hierusalem if they haue a custome to geue the Bishoppes and Clerkes at their orderinge vnder twenty poundes in golde they geue onely so mutche as the custome alloweth But if there were more geuen before this Lawe wee commaunde that there be no more geuen then twenty poundes And so he setteth a rate to al other Ecclesiastical persons in their degrees according to y e habilitie of their Churches concluding thus Surely if any presume by any meanes to take more than we haue appointed either in name of customes or enstallations wee commaunde that he restore threefolde so muche to his Churche of whom he tooke it He doth vtterly forbidde Bishoppes Monkes to take vpon them gardianship neuerthelesse he licenceth Priestes Deacōs Subdeacōs to take the same on them in certeine cases He cōmaundeth two Synodes to bee kepte in euery Prouince yerely He prescribeth what and in what order matters shalbe examined and discussed in them Besides these he enioyneth and doth cōmaunde all Bishoppes Priestes to celebrate the prayers in the ministration of the Lordes supper and in baptisme not after a whispering or whyst maner but with a cleare voyce as thereby the myndes of the hearers may be sturred vp with more deuocion in praysing the Lorde God He proueth by the testimony of S. Paule that it ought so to be He concludeth that if the Religious Byshoppes neglecte any of these thinges they shall not escape punishment by his order And for the better obseruing of this constitution he commaūdeth the rulers of the prouinces vnder him if they see these thinges neglected to vrge the Bishoppes to call Synods and to accomplishe all thinges whiche he hath commaunded by this Lawe to be doon by Synodes But if the Rulers see notwithstanding that the Bishoppes bee slouthfull and slake to doo these thinges then to signifie therof to hym selfe that he may correct their negligence for otherwise he will extreemely punishe the Rulers them selues Besides these saith this Emperour we forbidde and enioyne the Religious Bishoppes Priestes Deacons Subdeacons Readers and euery other Clergie man of what degree or order so euer he be that they play not at the table playes as cardes dyce and suche lyke playes vsed vpon a table nor to associate or gase vpon the players at suche playes nor to be gasers at any other open sightes if any offende against this decrée wée cōmaunde that he be prohibited from all sacred mynistery for the space of thrée yéeres to be thrust into a monasterie After these constitucions made for the gouernement of the secular clergy as you terme it in causes Ecclesiasticall the Emperour descendeth to make statutes ordinaunces and rules for monasticall persones commonly called Religious declaringe that there is no manner of thinge whiche is not thoroughly to be searched by the authority of the Emperour who hath saith he receiued from God the common gouernment and principalitie ouer all men And to shewe further that this principalitie is ouer the personnes so well in Ecclesiasticall causes as Temporall he prescribeth orders and rules for them and committeth to the Abbottes and Bisshoppes iurisdiction to see these rules kept concludinge that so well the Magistrates as Ecclesiasticall persones ought to keepe incorrupted all thinges whiche concerne godlines but aboue all other the Emperour who ought to neglect no manner of thinge pertaininge to godlines I omitte many other Lawes and constitutions that not onely this Emperour but also the Emperours before him made touchinge matters and causes Ecclesiasticall and doo remitte you vnto the Code and the Authentiques where you may sée that all manner of causes Ecclesiastical were ouerséene ordered directed by the authoritie of the Emperours and so they did the duetifull seruice of Kinges to Christe In that as S. Augustine saith they made lawes for Christe Arriamirus Kinge of Spaine commaunded twoo councelles to be celebrated in a Citie called Brachara the one in the second yéere of his reigne the other the thirde yéere wherin were certaine rules made or rather renued touchinge matters of faithe touchinge constitucions of the Churche and for the dueties and diligence of the Clergie in their offices Wambanus Kinge of Spaine séeynge the great disorders in the Churche not onely in the discipline but also in the matters of Faithe and about the administration of the Sacramentes calleth a Synode at Brachara named Concil Brachar 3. for the reformacion of the errours and disorders aboute the Sacramentes and Churche discipline About this time after the death of Pelagius 2.
the Emperour of his election In this Popes time saith the Pontificall came Constantinus the Emperour to Rome whom this Pope with his cleargie met sixe myles out of the Citie and did humbly receiue him It is wonderful to consider althoughe the Historians beyng Papistes for the most parte couer the mater so muche as may be what practises the Popes vsed to catche from the Emperours to them selues the superioritie in gouerninge of Churche matters When they sawe that by stowte and braue presumption theyr ambitious appetites coulde not be satisfyed they turned ouer an other leafe and coueringe their ambitious meaninge with a patched cloke of humilitie lowlinesse they wan muche of that whiche with pride and presumption they had so often before this time attempted in vaine With this wily lowlinesse Donus the nexte sauing one to Vitalianus brought vnder his obedience the Archebyshop of Rauenna There had been an olde and continuall dissension betwixt the Archebishop of Rome and the Archebishop of Rauenna for the superioritie The Rauennates accompting their sea equall in dignitie and to owe none obedience to the sea of Rome for they were not subiect thereunto To finishe this matter and to wynne the superioritie Donus first practised with Reparatus the Archebishop of Rauenna to giue ouer vnto hym the superioritie and become his obedientiary and that as it mays appeare by the sequele wythout the consente of hys Churche After the death of Reparatus whiche was within a whyle Theodorus a familiar friende to Agatho the Pope and a stoute man whome Agatho did honour with his Legacy vnto the syxth generall councell at Constantinople bicause his Clergie woulde not wayte on hym on Christmas daye so solempnely conductinge him vnto the Churche as the manner had been did giue ouer the title and made his sea subiecte to the Pope for enuie and despite of his Clergie saith Sabellicus wherewith the Rauennates were not content but beinge ouercomme by the authoritie of the Emperour Constantine who muche fauoured Agatho they bare it as paciently as they myght And Leo the seconde successour to Agatho made an ende hereof causing the Emperour Iustinian to shewe great crueltie vnto the whole Citie of Rauenna and to Foelix their Bishoppe bicause they would haue recouered their olde lybertie And so this Pope Leo by the commandement and power of the Emperour Iustinian brought Rauenna vnder his obeisaunce as the Pontificall reporteth These Popes through their feyned humilitie and obedience vnto the Emperours whiche was but dutie wan both muche fauour and ayde at the Emperours handes to achieue their purpose muche desiered But Benedictus the seconde who succeded next to Leo the seconde went in this point beyonde all his predecessours for Constantine being moued with his humanitie pietie and fauourablenes towardes al men when he sent to the Emperour for his cōfirmation the Emperour sent saith Platina a decree that from henceforth loke whom the Clergie the people and the Romain army should chose to be Pope all men without delay should beleue him to be Christes true vicar abiding for no confirmation by the Emperour or his Lieutenant as it had been wonted to be doon c. For that was wont to be allowed in the Popes creation that was confirmed by the Prince hym selfe or his vicegerent in Italy Here first of al it appeareth if this story be true how this interest of the Prince in this Ecclesiasticall matter thus continuing long tyme although many wayes assailed and many attemptes made by the Popes to shake it of was at the lengthe through their flattery whiche their Parasites call humilitie geuen vnto them of the Emperours to whom it apperteined But whether this story be true or not or if it were geuen how it was geuē or howe long the giftes toke place or howe it was taken away and retourned to the former right may well be called into question for there is good tokens to shewe that it was not geuen in this sort For these two Popes who sate in the Papal seate but. 10. moneths a peece or there abouts were in no such fauour with Themperour as was their predecessor Agatho who made great suite vnto the Emperour for such like thinges obteined his suite but with a speciall Prouiso for the reseruation of this authoritie still to remaine vnto the Emperours as wytnesseth the Pontificall and Gratian. He receiued from the Emperour letters saye they accordinge to his petition whereby the somme of money was releassed that was wonte to bee geuen to the Emperour for the Popes Consecration but so that if there happen after his death any election the Bisshop elect be not consecrated before the election be signified to the Emperour by the generall decree he meaneth the Synodicall letters according to the auncient custome that the orderinge of the Pope may goe forwarde by the Emperours knowledge or consent and commaundement The Glossar vpon Gratian noteth vpon these woordes vvhich summe was wonte to be geuen For euery Bisshop was wonte to geue somethinge to the Emperour at his election But did not the Emperour committe Symonie in releasinge this right vnder this condition that his consent should be required in the election answeare no◠bicause both these belonged to him of right before wherefore he might nowe remitte the one But as I saide let it be true that Constantine gaue ouer this iurisdiction yet Volateranus addeth to this suspected donacion this clause founde true by experience which donation saith he was not longe after obserued And in déede it was kept so small a while that within one yéere after or litle more when the electours after longe altercation had agreed on Conon Theodorus the Emperours Lieutenaunt as saith Sabellicus gaue his assent and Platina sheweth the same although not so plainely So that by this also it appeareth that if still it apperteined to the Emperours Lieutenaunt to geue his assent to the Popes electiō that than this gifte is either fained of the Papistes and that the rather vnder the name of Constantinus to bleare therewith the ignorauntes eies as though it were the graunt of Constātine the great as they doo about Images with the name of the Nicene Councell or bylike the gifte was not so authentically ratified as it was vnaduisedly promised but how so euer it was it helde not longe the Pope him selfe solempnely with the consent and decrée of whole Councell resigning al the foresaide graunt vnto the Emperour for euermore But I returne againe to Agatho who as I saide beinge in great fauour with Constantine the Emperour Determined saith Platina to haue a councell to decide the errour of the Monothelites But bicause he coulde not him selfe by his owne authoritie call a general councell for that belonged to the Emperour who in that time was busie in the warres against the Saracens He waited saith Platina for the returne of the Emperour This Constantinus surnamed Pogonatus about the yéere of the Lorde 680. calleth the Bishoppes out of all
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
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
that the Laye people shoulde behaue them selues towardes their Curates and in what wise they shoulde paie and offer to God their tithes The thirde was for making of their testamentes In Germany succeded vnto Frederike Henry and next vnto him Philip both of them inuesturing Bishops and suffering no Legates from Rome to come into Apulia nor Sicilia according to the aforesaide composition Next to whom succeded Otto surnamed of the Clergie the defendour of Iustice for where as the manner of Princes was saith Abbas Vrspurgens cheerfully and readily to geue benefices or Churches to those that did first aske them he woulde noâ— so doo but he gaue all the benefices that fell as well Ecclesiasticall as Secular to those with whom he was acquainted c. This Emperour came into Italy claimed and recouered al the right of the Empire that the Pope vsurped vnder the name of S. Peters patrimony and called a Synode at Norinberge about this matter and touching the Popes authoritie In England as Henry his father had doon before him so folowed king Richard in geuing Ecclesiastical promotions in calling councelâ— ordering other Ecclesiasticall matters yea eueÌ„ in his absence being in Syria by one that represented his persone therin the B. of Ely who called and made a councel at westminster as the kings procuratour and the Popes Legate and spake by the kinges power But in this matter kyng Iohn did more theÌ„ any of his predecessours which purchased him muche hatred with the Pope and his Monkes In this while the Frenche kinge helde a Councell at Cenomannia in Turon And after him Kinge Lewes did celebrate a solemne couÌ„cell at Paris whereat was praesent the Popes Legates In whiche time was Frederike the. 2. Emperour out of doubt saith Auentinus an other Charles the great and without all controuersie most prâ—fitable for the Christian common wealth whiche not onely helde the priuileges aforesaide in Apulia and Sicilia but in all his dominions and about this mater tamed diuer Popes called and kepte diuerse Councelles aswel by his Sonnes as by him selfe ordeined certaine Ecclesiasticall lawes againste diuerse Heretiques condemninge their heresies and appointing how they should be ordered ordeininge likewise many priuileges for Ecclesiasticall personnes In whiche time Henry the. 3. Kinge of Englande helde a solemne Councell in the whiche bothe by the sentence of the Kinge and of the Princes not a fewe priuileges were taken away from the order of priesthoode at what time the Popes Legate required a tribute of all the Cleargy but it was denied him Robert Grosthed whome yée call S. Robert wrote vnto the Pope a sharpe Episile bicause he greeued the Churche of Englande with â—askes and paymentes against reason of whiche when he sawe no redresse he with other Prelates of the lande complained vnto the Kinge of the wass of the goodes and patrimonie of the Churche by the Popes neare kinseman and other alient Bisshoppes whome the Kinge auoyded out of the Realme To whome also the Emperour Frederike wrote that it was a shame for him to suffer any longer his Realme to be oppressed with the Popes tiranny Lewes the Frenche kynge called S. Lewes who as Antoninus saith was so instructed euen from his infancie in all the wisedome of diuine and good orders that there was not founde his like â–ª that kept the lawe of the high God c. made a lawe againste thâ—â—e that blasphemed the name of the 〈◊〉 adioyninge a penaltie of a whoteyron to be printed in the transgressours forehead Also in the yeere of the Lorde 1228. He made a Lawe againste the Popes fraudes concerninge the preuentions and reseruations of the reuenues and dignities Ecclesiasticall complayninge that the Pope had pulled from him the collations of all Spirituall promotions ordeininge that from hence foorth the election of Bisshoppes Prelates and all other what so euer shoulde be free forcible and effectuall to the electours patrones and collatours of them Also the same yeere he set foorth an other Lawe againste Simonie complaininge of the bioyng and sellinge of Ecclesiasticall dignities He made also certaine godly Lawes againste whoredome and Fornication Laste of all in the yéere of the Lorde 1268. he set foorth the Lawe commonly called Pragmatica Sanctio wherein amongest other Ecclesiasticall matters againste the Popes pollinges he saithe thus Item in no case we will that exactions or greuous burdens of money beinge laide on the Churche of our Kingedome by the Courte of Rome whereby our kingedome is miserably impouerished be leuied or gathered nor any hereafter to be layde excepte onely for a reasonable godly and moste vrgent cause of necessitie that can not be auoided and that the same be doone by our expresse biddinge and commaundement of our owne accorde Conradus Conradinus and Manfredus still kepte the priuilege of the foresaide Ecclesiasticall matters in Sicilia and Apulia Shortly after this time Charles the Kinge of Sicilia and Apulia had all or most of the dooing in the election and makinge of diuerse Popes as of Martyn 4. Celestyn 5. Bonyface 8. c. Edwarde the firste Kinge of Englande aboute this time made the Statute of Northampton So that after that time noman shoulde geue neither sell nor bequeath neither chaunge neither bye title assigne landes tenementes neither rentes to no man of Religion without the Kinges leaue whiche acte sence that time hath beene more straightly enacted and diuised with many addicions thereunto augmented or annexed The whiche Lawe saithe Polydore he made bicause he was Religionis studiosissimus c. moste studiouse of Religion and moste sharpe enemie to the insolency of the Priesies At this time Philip le Beau the Frenche Kinge beganne his reigne brought vp in the studie of diuinitie vnder Aegidius the Romaine diuine by whose admonitions and also of other diuines the Kinge beinge instructed in his duety aboue al other thinges endeuoured him selfe aboute the reformation of Religion and orderinge of Ecclesiasticall matters Whereuppon lookinge to the state of the Cleargy he deposed a certaine Bishoppe for Heresie and gaue his Bishoprike to an other and besides claymed the inuestiture of all other Bishoppes in his dominions and callinge Councelles at home in his owne Realme woulde suffer none of his Cleargy to goo to the Popes Councelles He caused the Popes Bulles to be burned He commaunded the Popes Legates to auoyde his realme He commaunded that no money shoulde be caried out of the Realme to the Pope He sette foorth a Lawe that no man should goo to Rome out of his kingedome He called a Councell at Paris and caused to be gathered thither all the Prelates and Barons of Fraunce to iustifie his dooinges He shewed vnto them why he tooke vppon him to call a Councell He enueighed againste the Pope for Heresie Symonie Homicide Pride Ambition c. and that of righte he ought therefore to be deposed He demaundeth of the
booke in Lombardy letters hauinge this inscription Capitula Caroli Then followeth an Epistle beginning thus I Charles by the grace of God and of his mercy the Kinge and gouernour of the kingdome of Fraunce a deuout defendour of Goddes holy Churche and an humble healper thereof To al the orders of the Ecclesiastical power or the dignities of the secular power greetinge And so reciteth al those Ecclesiasticall Lawes and constitucions whiche I haue writen before in Charles the great To all whiche saith Quintinus as it were in manner of a conclusion are these woordes put to I will compell all men to liue according to the Canons and rules of the Fathers Lewes the Emperour this Charles Sonne kept a Synode wherein he forbadde all Churchemen sumptuousnes or excesse in apparaile vanities of iewelles and ouermuche pompe Anno Christi 830. He also set forth a booke touchinge the manner and order of liuinge for the Churchemen I doubt not saithe Quintinus but the Churche shoulde vse and shoulde be bounde to suche lawes meaninge as Princes make in Ecclesiasticall matters Pope Leo. 3. saith he beinge accused by Campulus and Paschalis did purge himselfe before Charles the great beinge at Rome and as yet not Emperour Can. Auditū 2. q. 4. Leo. 4. offereth him selfe to be refourmed or amended if he haue done any thinge amisse by the iudgement of Lewes the Frenche kinge beinge Emperour Can. Nos si incompetenter 2. q. 7. Menna whome Gregory the great calleth moste reuerende brother and fellow Bishop beinge nowe already purged before Gregory is commaunded a freshe to purge him selfe of the crime obiected before Bruchinild the Queene of Fraunce Ca. Menna 2. q. 4. In whiche quaestion also it is redde that Pope Sixtus 3. did purge him selfe before the Emperour Valentinian Can. Mandastis So also Iohn 22. Bishop of Rome was compelled by meanes of the Diuines of Paris to recante before the Frenche Kinge Philippe not without triumphe the whiche 10. Gerson telleth in a Sermon De Pasc The Popes Heresie was that he thought the Christian Soules not to be receiued into glory before the resurrection of the Bodies Cresconius a noble man in Sicilia had authoritie or power geuen him of Pelagius the Pope ouer the Bishoppes in that Prouince oppressinge the Cleargie with vexations Can. Illud 10. q. 3. The whiche Canon of the law the Glossar doth interprete to be writen to a secular Prince in Ca. Clericum Nullus 11. q. 1. The Abbottes Bishops and the Popes themselues in some time paste were chosen by the Kinges prouision Ca. Adrianus 63. dist And in the same Canon Hinc est etiam 16. q. 1. Gregorius wrote vnto the Dukes Rodolph and Bertulph that they shoulde in no wise receiue priestes defiled with whoredome or Symony but that they should forbidde them frō the holy Mynisteries § Verum 32. dist in whiche place the interpretours doo note that Laymen sometimes may suspende Cleargymen from their office by the Popes commaundement yea also they may excommunicate whiche is woorthy of memory Hetherto Quintinius a learned lawyer and a great mainteinour of the Popes iurisdiction hath declared his opinion and that agreeable to the Popes owne Lawes that Princes may take vppon them to gouerne in Ecclesiasticall matters or causes Besides these Lawyers this was the common opinion of the chiefest writers of the common Lawe of this realme as appeareth by Braughton in these woordes Sunt sub rege c. Vnder the Kinge are both free men and bondemen and they be subiecte to his powre and are all vnder him and he is a certaine thing or creature that is vnder none but onely vnder God And againe in the chapiter the title whereof is this Rex non habe◠parem c. The Kinge hath no peere or equall in his kingdome The kinge saith he in his kingdome hath no equall for so might he lose his precepte or authoritie of commaundinge sithe that an equall hath no rule or commaundement ouer his equall as for the Kinge him selfe ought not to be vnder man but vnder God and vnder the Lawe bicause the Lawe maketh a Kinge Let the Kinge therfore attribute that vnto the Lawe that the Lawe attributeth vnto him to wit dominion and powre For he is not a Kinge in whome will and not the lawe doth rule and that he ought to be vnder the Lawe Cum sit Dei vicarius sithe he is the vicar of God it appeareth euidently by the likenes of Iesu Christe whose vicegerent he is in earth and within a litle after he concludeth thus Igitur non debet maior esse eo in regno suo Therefore there oughte to be none greater then he in his kingedome Thus haue I sufficiently proued that the Emperours and Kinges ought haue and maye claime and take vpon them suche gouernemente in Spiritual and Ecclesiastical causes and matters as the Quéenes Maiestie now doothe In confirmation whereof I haue béene more large than otherwise I woulde but that the proufe hereof doth reprooue and fully answeare the principal matter of your whole booke and therefore I may vse more briefnesse in that whiche followeth I haue made proufe vnto you sufficient to remoue your ignorance both of the matter and the way whereby to knowe confessed by you in your Minor Proposition And this haue I done by the selfe same Meanes that you requyre in your issue I haue made proufe of the Supreame gouernment in Ecclesiastical causes to belonge vnto Kinges and Princes by the expresse commaundement of God where he did firste describe set foorth the duety and office of Kinges I haue made the same more plaine and manifest by the examples of the moste holy gouernours amongest Goddes people as Moses Iosua Dauid Saloman Iosaphat Ezechias Iosias the Kinge of Niniue Darius and Nabugodonosor who exprest this to be the true meaning of Gods commaundement by their practise hereof so highly commended euen by the holy Ghoste whereunto I haue added certaine Prophecies foorth of Dauid Esaie wherby it is manifestly prooued that the holie Ghoste dothe looke for exacte and challenge this seruice and Supreame gouernment in churche causes at Princes handes I haue declared that the Catholique Churche of Christe did accept and repute these histories of the olde Testament to be Figures and Prophecies of the like gouernment and seruice to be required of the Kinges in the time of the Newe Testament I haue confirmed the same by the manifest Scriptures of the Newe Testament Whervnto I haue adioygned the testimonies of aunciente Doctours with certain examples of most godly Emperours who beynge so taught by the moste Catholique Fathers of Christes Churche did rightly Iudge that the vigilant care ouersight and orderynge of churche causes was the chiefest and best parte of their Ministerie and seruice vnto the Lorde I haue shewed plainely by the order of Supreame gouernment in Churche causes practised set foorth and allowed in the greattest and best Councelles bothe Generall and Nationall that
Agbarus affirmeth that he was no infidel or idolatour saying Beatus es quòd in me credidisti cùm non videris me Agbare thou art blessed bicause thou hast beleued in me when thou hast not seen me Besides this your owne selfe haue affirmed oftentimes and so doth your Popishe tales declare that the three wise men that came forth of the East to worship the newe borne king of the Iewes were kinges and lie buried in the great doom at Colain as the Colonistes make men to beleue called yet amongst the vulgar Papistes the three kinges of Colayn If there be any credite to be geuen to the narracion of Eusebius and Nicephorus touching Agbarus king of Edessa and to the commonly receiued opinion of your Popishe Churche concerning the three kinges of Colayn these fower were kings in the time of Christes aboade here in earth and yet not idolatours nor infidels all the whole time of Christes aboade here but faithfull worshippers of Christ Whereby the former part of the matter in the antecedeÌ„t of your argument is disproued Neither is that true whiche you put in the seconde part that the Emperours and kinges coÌ„tinued idolatours for y e space of 300. yeres after Christê Assention For although for the moste part during that space they were suche yeat was there in that time some godly Princes that were otherwise geuen Eusebius in his Ecclesiasticall history maketh mention of one Philippus a moste Christian Emperour of whom and his sonne also being Emperour with him Abbas Vrspurgensis witnesseth that they were the first of all the Romaine Emperours that became Christians who also declared by their déedes and workes as Abbas saieth that they had in them the feare of God and the moste perfect Christian faith Constantinus also the Emperour father to Constantine the great did moste diligently of all others séeke after Gods fauour as Eusebius writeth of him He did prouide by his gouernement that his subiectes did not onely enioy great peace and quietnes but also a pleasant conuersation in holines and deuocion towardes God Idolatours and dissemblers in Religion he banished out of his Court and suche as confessed Goddes truthe he reâ—eined and iudged moste worthy to be about an Emperour commaunding suche to 〈◊〉 the guarde both of his persone and dominion He serued and worshipped the onely true God He condemned the multitude of Goddes that the wicked had He fortified his house with the praiers of holy and faithfull men and he did so consecrate his Court and Palaice vnto the seruice of God that his housholde company was a congregacion or Churche of God within his palaice hauing Goddes mynisters and what sâ—â—uer is râ—quisit for a Christian Congregation â–ª Polidorâ—â— in his history of Englande affirmeth also of this Emperour that he studied aboue all other thinges to encrease the Christian Religion who after his death was rekened in the nomber of sainctes To these fewe adde Lucius a king of our owne countrey who although he was not in might coÌ„parable to Constantine the mighty Emperour yet in zeale towardes God in abolishing idolatry and false Religion in winning and drawing his subiects by all meanes to the Christian faith in mainteining and defendinge the sincere Christianitie to the vttermoste of his power he was equall with Constantine and in this point did excell him that he longe before Constantine brake the Ise gaue the onsette and shapte a patern for Constantine to followe whereby to worke that in other partes which he had achieued within his owne dominioÌ„ This noble king of very loue to true Religion as Polydore testifieth of him Procured him selfe and his subiectes to be Baptised caused his nation to be the first of all other Prouinces that receiued the Ghospell pupliquely did drawe his people to the knowledge of the true God banisshed at ones all maner of prophane worshipping of Goddes and commaunded it to be lefte Conuerted the tempels of the Idolatours to be Churches for the Christians And to be short he emploied and did bestowe all his seruice and power moste willingly to the furtheraunce and encrease of the Christian Religion whiche he planted moste sincerely throughout his countrey and so lefte it at his death almoste an hundreth yeres before Constantine was Emperour and therefore vntruely sayed of you that Constantine was the very first Christian kyng that ioyned his sworde to the maintenaunce of Gods woorde Sithe this king Lucius so longe before Constantine did not onely these thinges that Polidore ascribeth vnto hym but also did them of his owne authoritie with out any knowledge or consent of the Pope Nor Eleutherius then Bishop of Rome to whome afterwardes king Lucius did write to see some of Caesars and the Romaine Laweâ— was any thing offended with the kinges doinges but greatly coÌ„mending him therein couÌ„celled him not to stand vpon the Romain lawes whiche saith the Pope might be reprehended but as he began without them so to go on draw Lawes alonely out of the Scripture which afterwardes more at large the Saxon kings as Iune Aluredus did The epistle of Pope Eleutherius to king Lucius is as followeth Peristis a nobis c. You haue desired of vs that the Romaine Lawes and the Lawes of Caesar might be sent ouer to you the whiche ye would haue vsed in your kingdome of Brytanie VVe may at al times reproue the Romaine Lawes and the Lawes of Caesar the lawe of God we can not For ye haue receiued of late by the deuine mercie in your kingdome of Brytanie the Lawe and faithe of Christe Ye haue with you in your kingdome both the olde and newe testament take out of them the Lawe by the grace of God through the councell of your kingdome and by it through Gods sufferaunce shallye rule youre kingdome of Brytanie for you are the vicar of God in your kingdome according to the Prophet kinge The earth is the Lordes and all that therein is the compasse of the worlde and they that dwel therin And againe according to the Prophet king Thou haste loued righteousnes and hated iniquitie wherfore God euen thy God hath anointed thee with the oile of gladnes aboue thy fellowes And againe according to the Prophet king geue the king thy iudgement O God and thy righteousnes vnto the kings sonne For it is not geue the iudgemeÌ„t and righteousnes of Caesar for the Christian nations and people of your kingdome are the kinges sonnes which dwel and consiste in your kingdome vnder your protectioÌ„ and peace according to the Gospel euen as the henne gathereth together her chickens vnder her winges The nations in deede of the kyngdome of Brytanie and the people are yours and whome beinge deuided you oughte to gather togeather to concorde and peace and to the faithe and to the Lawe of Christ and to the holy Churche to reuoke cherishe mainteyne protecte rule and alwaies defende them both from the iniurious persons and malicious and from his enemies VVoe be to
permitted to speake That is as your owne doctour Nicol. de Lyra expoundeth it Women muste not teache and preache the doctrine in the Churche neyther dispute openly Therefore our Sauiour Christe did not committe to Kinges Quéenes and Princes the authoritie to haue and take vpon them any parte of gouernement in Ecclesiasticall causes As though a younge Nouice of your Munkishe order shoulde haue argued Nunnes muste kéepe silence and maye not speake in the Cloysture nor yet at dinner time in the fraytry therefore your deceyuer the Pope did not committe authoritie to his Prouincialles Abbottes Priors and Prioresses to haue and take vppon them the gouernement vnder him selfe in Munkishe and Nunnishe causes and matters What man woulde haue thought Maister Feckenham to haue had so litle consideration although vnlearned as to vouche the silence of women in the Churche for a reason to improue the authority of Princes in Churche causes M. Fekenham The thirde chiefe pointe is that I must not onely svveare vppon the Euangelistes that no forayne personne state or potentate hath or ought to haue any povver or authority Ecclesiasticall or Spirituall vvithin this Realme but also by vertue of the same Othe I must renounce all forrayne povver and authorities vvhiche for a Christian man to doo is directly againste these tvvoo Articles of our Crede Credo sanctam Ecclesiam catholicam I doo beleeue the holy catholique Churche Credo Sanctorum Communionem I doo beleeue the Communion of Sainctes And that there is a participation and communion amongest all the beleeuers of Christes Churche vvhiche of the Apostle Paule are called Sainctes Adiuro vos per Dominum vt legatur haec Epistola omnibus sanctis fratribus And herin I doo ioyne this issue vvith your L. that vvhan your L. shalbe hable to proue by Scripture Doctour Generall councell or by the continuall practise of any one Churche or parte of all Christendome that by the firste article I beleeue the holy catholique Churche is meante onely that there is a Catholique Churche of Christe and not so that by the same Article euery Christian man is bounde to be subiect and obedient to the catholique Churche like as euery member ought to haue obedience vnto the vvhole mysticall Body of Christe And further vvhen you shalbe hable to proue by the seconde Article I doo beleeue the Communion of Sainctes is not so meante that a Christian man ought to beleeue suche attonement such a participation and communion to be amongest all beleeuers and members of Christes catholique Churche in doctrine in Faithe in Religion and Sacramentes but that it is lavvfull for vs of this Realme therein to dissent froÌ„ the catholique Church of Christe dispersed in all other Realmes and that by a corporall Othe it is lavvfull for vs to renounce and refuse to haue communion vvith the catholique Churche so dispersed bicause it is a forrayne authoritie and povver out of this Realme vvhen so euer your L. shalbe hable to proue this â–ª by Scripture Doctour Generall councell or yet by continuall practise of any one Churche or parte of all Christendome Than shall I in like manner yelde in this thirde pointe and vvith moste humble thankes shall thinke my seife very vvell satisfied therein The B. of Wynchester This thirde chiefe point is nothing els but a misshapened lumpe of woordes conteininge firste an argument grounded vpon a kinde of Opposition that no wise or learned man euer redde of but is newly forged and hammered out of your owne braine Then an issue to haue me prooue that thinge whiche beinge rightly vnderstanded no Christian doth doubt of or will denie And last of all an huge heape of flatte and manifest Lies against the whole Realme to set a good face vpon an euill fauoured cause whiche can finde no helpe or ease by plain and simple truth The weighty burden that you are loden with can not beare is that you must by othe renounce all forreine power and authoritie the cause that maketh you fainte and feble is that it is directly against two articles of our Creede So that your feble reason is grounded after your simple skill vpon the place ab apositis pugnantibus Before I aunswere to the argument I will put the Reader in remembraunce of the deuision whiche you make chopping chaunging one article into twaine to make some shewe of an heinous matter Surely it were ouermuche detestable if you were moued to sweare but against one article of our Crede as yee were neuer moued by me either to or fro to sweare any thing at all There be three symboles or Credes whiche haue been allowed and receiued of Christes catholique Churche The symbole of the Apostles of the Nicen councell and of Athanasius The Apostolicall is so called bicause it was collected as some saye by the twelue Apostles and therefore conteineth as the coÌ„monly receiued opinion is in Christê Churche according to the nomber of the. xtj. Apostles but twelue articles whiche are called in the vsuall speche of the catholique ChristiaÌ„s the twelue articles of our Crede or beliefe If this I beleue the communion of sainctes be a seuerall article from this I beleue the holy catholique Churche as you doo phantasie then there must needes be at the least thirtene articles of the Crede contrary to the vniuersally receiued opinion of the catholique Churche You were wont to staye your selfe much vpon the custome of the catholike Churche and woulde vrge stifly although not so truely the vniuersally receiued opinion of the catholique Churche as a matter that might not bee reiected or denied and howe chaunceth it nowe that you are become suche a chaungeling that cleane contrary to the vse of the catholique Churche whiche acknowledged but twelue you wil make thirtene articles of the Créede at the least Besides this the catholique Churche in the time of Cyprian and Augustine and before also did not reken or iudge these to be twoo seuerall articles but did coumpte them one article concludinge these woordes the communion of Sainctes in this sentence I beleue a catholique Churche of Christe recyting the Symbole without rehersall or mentioning the communion of Sainctes as it is plainely set foorth by S. Cyprian and Augustine in their exposicions of the Apostolicall Créede The mattier meant by the communion of Sainctes is vttered in these woordes I beleue an holy catholike Churche of Christ Whereunto hath been added sence these auncient fathers times as it may séeme by the way of explication a communion of Sainctes to expresse in plainesse of speche that Christes catholique Churche is nothing els but a felowshippe and communion of faithfull ones whiche are sainctes Nowe let vs see howe to sweare as this thirde chiefe point of the othe setteth foorth is directly against this article of our Créede I beleaue the holy catholique Churche the communion of Sainctes All true subiectes ought and must renounce and forsake all forraine iurisdictions powers superioritie preheminences and authorities
as yee vntruely auouche and in the. 14. yee shoulde haue perceiued that he in plaine speeche proueth you a Lyar For that he denieth that these were his orders or decrees affirminge them to be the Lordes commaundementes and so dooth Theophilact Gloss ordinar and Lyra witnesse also with Paule testifiynge that these were his woordes and meaninge These places thus rightly considered it may easily appéere vnto the most vnskilfull how little your purpose is holpen by them that these groundes do faile you So that your whole shifte beynge sifted is founde naught both in matter and fourme M. Fekenham The vvhich noble Emperour Constantinus for the represâ—â—on of the Arians errours and heresies he did at the request of Syluester then Bishop of Rome call the first councell at Nice vvhere he had to the Bishops there assembled these vvâ—ordes Cum vos Deus sacerdotes constiturit potestatem tradidit iudicandi de nobis Et ideo nos à vobis recte iudicamur Vos autem cum nobis à Deo diâ—datisitis ab hominibus iudicari non potestis c. Valen tianus Imperator cum ille rogatus esset ab Episcopis HellespoÌ„ti Bythiniae vt interesset consilio respondit Mihi quidem cum vnus de populo sim fas non est talia perscrutari verum sacerdoâ—es quibus haec cura est apud sâ—metipsos congregentur vbi voluerint Theodosio Imperatori Ambrosius ingressu intra cancellos templi inteâ—dixit inquieps In teriora ô Imperator sacerdotibus solis patent c. Cui egiâ— ob id gratias Imperator asserens se didicisse discrimen inter Imperatorem sacerdotem The B. of Wynchester It is manifest that Constantine called the first Nicene councell but very vnliâ—â—ly that he did it at the request of Syluester bâ—cause this Councell was not in the time of Syluester but whiles Iulius was Bishop of Rome who by reason of his great age coulde not be there present in his owne persone and therfore sent in his stéede Vitus and Vincentius â–ª as the Ecclesiasticall histories reporte and Epiphanius affirmeth that Constantine called this Councel at the earnest suâ—e of Alexander Bishop of Alexandria whereto Ruffinus addeth many other of the Cleargy also But if it be true as yée say that the Emperour called the Councell at the request of the Pope than bothe those Pâ—pistes are Lâ—ars which affirme that the Pope called this councell and your cause by your owne confession is muche hindered for if the Emperour called the Councell and that at the request of Syluester the Pope as yâ—e say or at the earnest suite of Alexander and other godly Bishops as Epiphaniuâ— and 〈◊〉 affirme It appeareth plainely that both the Pope and the other catholike Bishops did therby acknowledge the supreame power and authoritie to sommon and call councels whiche is a principall part of your purpose and of y e Ecclesiastical iurisdiction cohibitiue to be in the Emperour and not in them selues for otherwise they might and would haue doone it by vertue of their owne office without any suite made to the Emperour to execute that whiche belonged vnto them selues The Emperour refused to iudge the quarreling accusations of the Bishops assembled at the Nicen councell one quarreling and accusing an other referred the iudgement of them to Christ This was his modestie Policy and prudent foresighte least by sifting those priuate quarelles he might haue hindered the common cause as I haue said before and is plainely to be gathered of Ruffinus and Nicephorus and not for that he thought his authoritie might not stretche so farre as to iudge the Priestes and their matters as ye would haue it to séeme for as he him selfe protesteth this aboue all other thinges to be the chiefe scope and ende of his Emperiall authoritie namely that the catholique Churche be praeserued in vnitie of faith sinceritie of loue concorde in godly Religion and that the diseases therein â–ª as Schismes Heresies c. might be healed by his mynistery euen so forsoke he no occasion or meane whereby to woorke foorth this effect of his ministery and office whether it were at some time by releÌ„ting and remittinge some what of his authoritie or by exercising the same to the vtmost in al matters ouer all persones He thought it the best for this time by relentinge to beare with the weakenes of those fathes thereby the better to encourage them to standefast and ioyntly against the common enemy for the furtheraunce of the truthe But afterwarde whan the councel or Synode was assembled at Tyre by his commaundement and that Athanasius had made complaint vnto him of the vniust dealing of that couÌ„cel to deface the truthe the Emperour did exercise the ful authoritie of his ministery called al y e Bishops vnto him to this ende y e he by his supreme authority might examine their doings iudge of the whole councel whether they had iudged vprightly and dealt sincerely or not This he did at the suite of the most godly Bishop Athanasius who woulde not haue attributed this authoritie to the Emperour if it had not apperteined to his iurisdictioÌ„ to haue iudged the Bishops and their doings neither would the catholique fathers of that time haue suffred this and many other suche like doinges of this most Christian Emperour to haue passed without some admonition or misliking if thei had not acknowledged the authoritie in him to be lawfull He commaunded the Bishops euery where to assemble at his appointment where and whan he would He sharply reproued Alexander Bishop of Alexandria and Arius for the coÌ„tention stirred vp by them He iudged Caecilianus Bishop of Carthage to be lawfully consecrated and ordered and condemned the Donatistes And these Bishoppes assembled at the Nicen councell by his commaundement of whom ye speake acknowledged the Emperour to haue authoritie to iudge them and their causes or els they had doone folishly to offer their billes of complaint vnto him whom they thought had no authoritie or might not iudge and determine them But in case it were true that the Prince might not iudge the Priestes nor their causes what conclude you thereof You can not conclude your purpose for this is no more a good consequent Constantinus would nor coulde lawfully iudge the Priestes assembled at Nicen councell Ergo Bishoppes and Priestes may call councelles make Lawes orders and decrees to their flocke and cures and exercise all manner iurisoiccioÌ„ cohibitiue Then this Yorke standeth but. iij. myles from Pocklington Ergo your pocket is full of plummes of the like fourme also are the consequentes that yee make vpon the histories of the Emperours Valentinian and Theodosius And as you can not fasten your purpose by any good sequele vpoÌ„ these histories so that history that ye alledge of Valentinian maketh muche again your purpose First it is vncertein and may be doubted whether this aunswere that ye affirme to be Valentinians were his or Valens the
of Bishoppes Liberius the Bishop of Rome as Athanasius reporteth in this same Epistle require in a Synode Ecclesiasticall that it be free from feare farre from the palaice where neither the Emperour is present neither the Earle or Capitaine thrusteth in him selfe nor yeat the Iudge dooth threaten He meaneth that it be frée from feare threathes and without this that the Emperour or Rulers do lymitte or prescribe to the Bishoppes what they shoulde iudge This appeareth more plainely by S. Ambrose who also speaketh of the lyke matter yea vnder the same Prince saiynge Constantinus set foorth no Lawes before hande but gaue free iudgement to the Priestes The selfe same also did Constantius in the beginning of his reigne but that whiche he well begâ—nne was otherwise ended For the Bishoppes at the first had written the sincere faith but when as certeine men will iudge of the faithe within the Palaice he meaneth after the opinion of the Courtiers and prescription of the Prince otherwise it was not vnlawfull to iudge of matters concerning faithe within the Princes Palaice the Prince also beynge present for the first Nicen councell was holden within the Emperours Palayce and he him selfe was present amongest them They brought this to passe that those iudgementes of the Bisshoppes were chaunged by Circumscriptions Then is required in a Synode saieth he that the onely feare of God and the institutions of the Apostles doo suffice to all thinges Next that the right faithe be approued and Heresies with the mainteiners thereof be cast out of the councell and than to iudge of the persones that are accused of any faulte So that the Bishoply session or iudgement must haue freedome must iudge by the onely woorde of God muste haue the Bishops that doo iudge to be of the right faithe and must first examine the Religion and faithe of the partie accused and then his faithe Constantius who notwithstanding that he did pretende a Bishoply iudgemeÌ„t vsed none of these obseruauntes but the cleane contrary For as Athanasius complayneth in this Epistle the Emperour wrought all togeather with threates menassinge the Bishoppes other to subscribe against Athanasius or to departe from their Churches Who so gaynsaide the subscription receiued to rewarde either death or exile He without any persuasion with reasons compelleth all men by force and violence in so muche as many Bishoppes afterwardes excused themselues that they did not subscribe of their owne voluntary but were compelled by force VVhere as saith he the faithe is not to be set foorth with swoordes or dartes or by warrelike force but by counsailing and persuadinge He in the steade of Gods worde vsed his own will appointinge and prescribing what should be determined answering y e godly bishops who obiected against his vnorderly doings y â— ecclesiastical CanoÌ„ at quod ego volo pro Canone sit Let my will stande for the Canon Pretending a iudgement of Bishops he doth what so euer liketh himselfe Where as Hosius saith cytod by Athanasius in this Epistle The Emperour ought to learne these thinges of the Bisshoppes and not to commaunde or teache them what to iudge in this kinde of iudgement for the Prince shoulde not showe him selfe so busy or curious in Ecclesiasticall thinges that his will and pleasure shoulde rule or guyde them in steade of Gods woorde and the godly Canons of the fathers Constantius woulde haue no other Bishops but Arians whiche were no Bishoppes in déede as Athanasius saith and much lesse apt to iudge of the matter touching a principall article of our faith or of the faithfull Bishop Athanasius and taking his heresy as an vndoubted truthe that might not be called into question he sought by all meanes to haue Athanasius condemned and al Bishops to refuse his communion and to communicate with the Arians These disorderly dealinges of the Emperour Athanasius coÌ„demneth as directly against the order of Ecclesiasticall session or Synode how so euer he pretended vnder the colour of the Bishoply iudgement to abuse his owne power and authoritie after his owne luste against whom he woulde You would haue it seeme to the ignoraunt that Athanasius mynde in this place were to denie that Princes should medle or deale in Ecclesiastical thinges or causes which is farre froÌ„ his meaning for he him self with many other godly bishops as I haue shewed before did acknowledge the Princes authoritie herein in this same epistle he him selfe confesseth this Emperours authoritie to call couÌ„cels citeth Hosius also who enclineth to that purpose both of theÌ„ confessing y â— Constans Constantius TheÌ„perours did cal al the Bishops to y e couÌ„cel which he calleth SardiceÌ„se consiliuÌ„ about the accusatioÌ„s crimes laid in against Athanasius And Theodoretus affirmeth y t this Emperour CoÌ„stantius called a Synode at Millaine about suche like matter at whose callinge the faithfull Bishops assembled parentes regio edicto obeying the Kinges Summons which they would not haue done if it had béene vnlawfull for him to haue had any dooinges about councelles But when he abused his authority in the couÌ„cel as though his power had béene absolute without limites or boundes willinge them yea coÌ„pelling them to doo after his wil against good conscience they would not obey him Quin etiam palam praesentem regem coarguebant impij iniusti imperij but did opeÌ„ly reproue the Kinge for his wicked and vniust rule or coÌ„maundement whereby is manifest that Athanasius speaketh not against the Princes authority in Ecclesiasticall matters but against his tiranny and the abusinge of that authoritie whiche God hath geuen him wherwith to mynister vnto Goddes will and not to rule after his owne lust they commende the authority but they reproue y e disorderly abuse thereof Now let vs sée how this saying of Athanasius helpeth your â—ause Constantius the Emperour dealt vnorderly and after his owne luste against Athanasius and others pretendinge neuerthelesse the iudgement of Bishoppes whiche Athanasius misliketh as is plaine in this place auouched Ergo Bishops and Priestes may make lawes decrées orders and exercise the second kinde of Cohibitiue Iurisdiction ouer their flockes and cures without commission from the Prince or other authoritie I doubt not but yée sée suche faulte in this sequele that yée are or at leaste yée ought to be ashamed thereof M. Fekenham Almighty God saith by his Prophete Hieremy vvhich vvas both a Prophet and a Priest Ecce dedi verba mea in ore tuo Ecce constituiâ—te hodie super gentes super regna vt euellas destruas disperdâ—s dissipes aedifices plantes Gregorius Nazianzenuâ— sermone de dictis Hieremiae ad Iuliaâ—um Imperatorem Puâ—as no patimini vt verum vobiscum agam suscipitis ne liberratem verbi libenter accipitis quod lex Christi sacerdotali vos nostrae subijsset potestati atque iustis tribunalibus subdit Dedit enim nobis potestatem dedit principatum multo perfectiorem principatibus vestris aut