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

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Catholique Churche notified in the order of this general Councell the supreme gouernment in Ecclesiasticall causes is in the Emperour and ciuill Magistrates your opinion condemned by the vniforme agreement of 318. of the most Catholique Bishoppes in the worlde commendinge and allowynge for moste godly what so euer the Emperour did in or about this councell The occasion of this famous and moste godly councell was the great dissention kindled partly about a necessary Article of our beliefe partly about a ceremony of the Churche Arius incensed with ambitious enuie againste Alexander his Bishop at Alexandria who disputed in one of his lessons or treatises more subtily of the diuinitie than aduisedly as the Emperour layeth to his chardge quarelled Sophistically against him and mainteined an horrible Heresie Besides this the Churches were also deuided amongest them selues aboute the order or ceremony of kéepinge the Easter daie The Emperour sente Hosius with his letters as I saide before into the Easte parties to appeace the furious dissention about bothe these matters and to reconcile the parties dissentynge But when this duetifull seruice of the Emperour tooke not that effect whiche he wisshed and hoped for then as Sozomenus writeth he summoned a councell to be holden at Nice in Bythinia and wrote to all the chiefe Mynisters of the Churches euery where commaundinge them that they shoulde not fayle to bée there at the day appoynted The selfe same also dothe Theodoretus affirme bothe touchynge the occasion and also the summons made by the Emperour Eusebius also writinge the life of Constantine sheweth with what carefulnes the godly Emperour endeuoured to quenche these fiers And when the Emperour saieth Eusebius sawe that he preuailed nothing by sending of Hosius with his letters Considering this matter with him selfe saide that this warre against the obscure enemy troubling the Churche must be vanquished by an other meaning hym selfe Therefore as the capitaines of Goddes armie towardes his voyage he gathered together a Synode oecumenical and he called the Byshoppes together by his honorable letters and that they should hasten themselues from euery place These thinges touching the occasion and calling of this generall counsaile by the Emperour are affirmed to be true also by Nicephorus the Ecclesiasticall historian Yea the whole counsayll in their letters to the Churches in Aegipt and the East partes doo testifie the same Synode to be called by the Emperour saiyng The great and holy Synode was gathered together at Nice by the grace of God and the moste religious Emperour Constantine c. The Bishoppes as I said before when they thought them selues or their Churche iniuried by others were wont to appeale and flie vnto the Emperour as the supreme gouernour in al matters and causes Temporall or Spirituall the whiche appeareth moste playne to be the practise of the Church by these Bishops called vnto the Nicene counsaill For when they came to Nice supposing them selues to haue nowe good oportunitie beyng nighe vnto the Emperour to reuenge their priuate quarelles and to haue redresse at the Emperours handes of suche iniuries as they thought them selues to susteyne at others byshops handes eche of them gaue vnto the Emperour a Libell of accūsatiōs signifiyng what wronges he had susteyned of his felowe Bishoppes and prayed ayde and redresse by his iudgement The Emperour forseyng that these pryuate quarelings if they were not by some policy and wyse deuise sequestred and layde aside would muche hynder the common cause tooke deliberation appointing a day against the which they shuld be in a readines and commaunded them to prepare and bring vnto him all their libelles and quarelling accusations one against an other Marke by the waie the craft and practise of Sathan to stay and ouerthrow good purposes that euen the godly fathers and Bishoppes wanted not their great infirmities preferring their own priuate trifles before the weighty causes of Gods Churche And the wisdome zeale and humblenes of this moste christiā Emperour who so litle estemed his own honour and authoritie that he wold rather seeme to be inferiour or for the time no more than equall with his subiectes to the ende he might by his humbling of him selfe aduance and exalt Gods glory to the edifiyng and quietnes of his Churche The day came whiche was the day before the first Session should be in the councell as Socrates saith the Bishoppes did not sleape their owne matters but had their billes in a readines and deliuered them vnto the Emperour This vigilant noursefather vnto Gods Churche had cared and deuised so diligently for the common cause as the Bishoppes had doon for their priuate quarelles and therefore when he had receiued their Libelles very politiquely saieth bicause he woulde irritate none of them for that tyme That the daie of generall iudgement should be a fitte time for these accusations and Christe the Iudge then woulde iudge all men As for me it is not leafull to take vpon me the iudgement of suche Priestes accused and accusing one an other Whereunto neuertheles he added this priuy nippe to pynche them withall For of all other thinges saith he this is least seemely that Bishoppes shoulde shewe them selues suche as ought to be iudged of others And so caused the Libelles to be cast into the fire giuing them an earnest exhortation to peace and quietnes The next daye after after they assembled at the Emperours palayce he commaunded them to go into the councell house to consult of the matter the councell house was within Themperours pallayce trimly furnished with seates aptly ordred for suche purpose as it were in rowes They entred in and wayted without any doinges till the comming of the Emperour whose seate was of gold placed at the first beginning of the rowes who being entred and placed in his feate maketh an oration vnto them declaring the contētions sprong vp amongest them selues to be the occasion wherfore he called them togither and the ende is saith he that this disease might be healed through my ministery After this he maketh an earnest exhortatiō mouing them to quietnes forgiuing one an other for Christ commaundeth saieth he that who will receiue pardon at his hande shall also forgiue his brethren After this moste graue exhortation to vnitie and concorde in truthe he giueth them leaue to consult of the matters in hande prescribeth vnto them a rule whereby they muste measure trie and discusse these and all other suche disputations and controuersies in matters of Religion to witte Sanctissimi spiritus doctrinam praescriptam The doctrine of the moste holy spirite before writen For saieth he the bookes of the Euangelistes and of the Apostles and also the prophecies of the olde Prophetes doo euidently teache vs of Goddes meaning VVherefore laiyng a syde al discorde of enemitie let vs take the explications of our questions out of the saiyngs of the holy Ghost When the parties waxed warme in the disputations and the contention somwhat sharp then
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
honesty Certaine of Rome came to Charles to accuse this Pope Charles putteth of the examinacion of the matter till an other time promisinge that he woulde within a while come to Rome himselfe whiche he did after he had finished his warres He was honorably receiued of the Pope The eight day after his cominge into Rome he commaunded all the people and the Cleargy to be called togeather into S. Peters churche appointing to here and examine the Pope touchynge that he was accused of in the open assembly When the Cleargie and the people were assembled the Kinge examineth them of the Popes life and conuersacion and the whole company beinge willed to saie their mindes answeare that the manner hath béene that the Popes shoulde be iudged of no man but of them selues Charles beinge mooued with so sore gréeuous an answeare gaue ouer further examinacion Leo the Pope saith Piatina who did earnestly desire that kinde of iudgement to geue sentence he meaneth in his owne cause wente vp into the pulpit and holdinge the Ghospels in his handes affirmed by his Othe y t he was guiltes of all those matters wherewith he was chardged Whereunto Sabellicus addeth the Popes owne testimonie of him selfe was so waighty as if it had beene geuen on him by other so muche auaileth a mans owne good reporte made of himselfe in due season for wante of good neighbours This matter if it were as the Popes flatterers write thus subtily compassed although Martinus saith flatly that he was driuen to purge him selfe of certaine crimes laide to his chardge yet not withstanding the kinge toke vpon him both to examine the matter to determine therein and as appeareth tooke their answeare no lesse insufficient than gréeuous although he winked at it bicause he looked for a greatter pleasure to be shewed him againe in consecratinge him Emperour promised longe before whiche this Pope perfourmed and solemply with great acclamations of the people crowned him Emperour of Rome For saithe Platina The Pope did this to shewe some thankefulnes againe to him who had well deserued of the Churche Ansegisus Abbas gathereth together the decrées that this Charles and his sonne Lodouicus had made in their times for the reformation of the Church causes Amongst other these The Canonicall Scriptures onely to be redde in the Churches For the office of Bisshops in diligēt preaching and that onely out of the holy Scriptures that the communion shoulde be receiued three times in the yeere The abrogatinge and taking away a great number of holy daies besides sondaies and that childrē before ripe yeeres should not be thrust into religious houses And that no man shoulde be professed a Monke except licence were first asked and obteined of the King He decreed also and straightly cōmaunded that Mōkes being Priestes should studie diligently should write rightly shoulde teache children in their Abbayes and in Bisshops houses That Priestes should eschue couetousnes glotony ale houses or tauernes seculer or prophane busines familiaritie of women vnder paine of depriuation or degradation He prouided to haue and placed fit pastours for the Bishoprikes and cures to feede the people He ordeined learned Scholemaisters for the youth and made deuout abbottes to rule those that were enclosed in Cloisters saith Nauclerus As it is saide of kinge Dauid y t he set in order the Priestes Leuites singers porters ordered all the offices officers required to be in the house of the Lorde for the settyng foorth of his seruice and Religion Euen so this noble Charles lefte no officer belonginge to Goddes Churche no not so much as the singer porter or Sexten vnapointed taught his office duety as Nauclerus telleth Besides the authoritie of this noble Prince in gouerning directing al Church matters his zeale care therfore in such sort as the knowledge of y t superstitious time would suffer is plainely shewed in an Iniunction that he gaue to al estates both of the Layty Cleargie to this effect I Charles by the grace of God Kinge and gouernour of the Kingdome of Fraūce a deuout and humble maintainour and ayder of the Churche To al estates both of the Layty and the Cleargy wishe saluatiō in Christ Considering the exceeding goodnes of God towardes vs and our people I thinke it very necessary wee rendre thankes vnto him not onely in harte and woorde but also in continuall exercise and practise of well doing to his glory to the ende that he who hath hitherto bestowed so great honour vpon this kingdome may vouchesaulfe to preserue vs and our people with his protectiō VVherfore it hath seemed good for vs to mooue you ô yee pastours of Christes Churches leaders of his flocke and the bright lightes of the worlde that yee will trauaile with vigilant care and diligent admonition to guide Goddes people thorough the pastures of eternall life c. Bringinge the stray sheepe into the foulde least the wolfe deuoure them c. Therfore they are with earnest zeale to be admonished and exhorted yea to be cōpelled to keepe them selues in a sure faith and reasonable continuaūce within and vnder the rules of the Fathers In the which woorke and trauaile know yee right wel that our industrie shall woorke with you For whiche cause also wee haue addressed our messengers vnto you who with you by our authoritie shall amende and correct those thinges that are to be amended And therefore also haue wee added such Canonicall constitutions as seemed to vs most necessarie Let no man iudge this to be praesumptiō in vs that we take vppon vs to amende that is amisse to cut of that is superfluous For wee reade in the bookes of Kinges howe the holy Kinge Iosias trauailed goynge the circuytes of his kingedome or visitinge correctinge and admonishinge his people to reduce the whole kingedome vnto the true Religion and Seruice of God I speake not this as to make my selfe equall to him in holines but for that wee ought alwaies to follow the exāples of the holy kinges and so much as we can we are bounde of necessitie to bring the people to follow vertuous life to the praise and glory of our Lorde Iesus Christ c. And anon after amongst the rules that he prescribeth vnto them this followeth First of al that all the Bisshoppes and Priestes reade diligently the Catholique Faith and preache the same to all the people For this is the first precept of God the Lorde in his Lawe Heare ô Israel c. It belongeth to your offices ô yee pastours and guydes of Goddes Churches to sende forth thorough your Diocesses Priestes to preache vnto the people and to see that they preache rightly and honestly That yee doo not suffer newe thinges not Canonycall of their owne minde forged and not after the holy Scriptures to be preached vnto the people Yea you your owne selues preache profitable honest and true thinges whiche doo leade vnto eternall life And
the kingdome whose kinge is a childe and whose Princes banquet earely a kinge I name not for his smale and tender age but for folly and wickednes and madnes according to the Prophet king bloudthirsty and deceitful men shal not liue out halfe their daies By banqueting we vnderstand glotonie through glottony riotousnes through riotousnes all filthy and euill thinges according to kinge Salomon wisedome shall not enter into a froward soule nor dwel in the body that is subdued vnto sinne A king is named of ruling and not of a kingdome so long as thou rulest wel thou shalt be kinge whiche vnlesse thou doo the name of a king shal not cōsiste in thee and thou shalt lese the name of a king whiche God forbidde Almightie God geue vnto you so to rule your kingdome of Brytany that ye may reigne with him for euer whose vicar ye are in the kingdome aforesaide VVho with the father c. Thus it is made manifest that bothe your argument faileth in truthe of matter and you your selfe were beguiled through ignorance by wante of reading But put the case that your antecedent were true yet is it a faulty fallax made à dicto secundum quid ad simpliciter and the consequent followeth not for that there is more conteined in the conclusion than the antecedent doth comprehende whiche is suche an euill fauoured forme of argument that yonge studentes in the scholes would be ashamed thereof The Donatistes made the like obiection against the catholique fathers wherto S. Augustine maketh this answere The state of the Apostles time is otherwise to be thought of than this time al thinges must be doon in their time In the Apostles time this prophecie was yet in fulfilling wherfore do the Heathen rage and the people muse vpon vaine thinges The kinges of the earth set them selues and the Princes consult together against the Lorde and his Christ As yet that was not in hande whiche is spoken a litle after in the same psalme and nowe ye kings vnderstand be learned ye Iudges on the earth serue the Lorde in feare and ioy in him with reuerence Therfore seyng that as yet in the Apostles time kinges serued not the Lorde but still did deuise vaine thinges against God and his Christ that all the foresayinges of the Prophete might be fulfilled than truely impieties coulde not be inhibited by princes Lawes but rather be mainteyned For suche was the order of the times that both the Iewes shoulde kill the preachers of Christe thinkinge to doo God good seruice therein as Christ had forspoken and also the gentiles shoulde rage against the Christians that the martirs might winne the victory thorough pacience But after that this began to be fulfilled whiche is writen And al the kinges of the earth shall woorship him and all the nations shal serue him what man onlesse he be not well in his wittes will say that Kinges ought not to haue a speciall regarde for the Churche of Christe and all manner godlines amongst their subiectes You frame an other reason vpon S. Paules woordes vnto the Bishops of Ephesus whereby to prooue that all gouernement in spirituall or ecclesiastical causes belongeth to Bishoppes and Priestes and not to Princes and Ciuill Magistrates thus you argue The holy ghost appointed all spirituall gouernement of Christes flocke vnto Bishops Priestes as the woordes spoken by S. Paule doo make full and perfecte declaration Ergo Kinges Quéenes and Princes may not claime or take vpon them any parte of Spirituall gouernement much lesse take the supremacie and chiefe parte of spirituall gouernement from them For answeare I denie this argument for it is a naughty and deceiptfull Sophistication called Fallacia aequiuocationis There is equiuocacion in this woorde Priestes and also in these woordes to gouerne and rule the Church of God This woorde Priest hath diuerse significacions which are to be obserued least the simple readers be confirmed or brought into errour thorough the equiuocation therein The Scripture speaketh of a priesthood after the order of A●ron after whiche order you will not confesse the Apostles and the Bishoppes their successours to be Priestes an other kinde of Priesthoode is after the order of Melchisedech and Christe onely without any successour in y ● Priesthood was the alone Priest of that order The thirde kinde is an holy and princely Priesthood of the which order not onely the Apostles and their true successours but also Kinges Quéenes Princes al manner of faithfull Christians are Priestes There is in cōmon opinion amongst the Papistes a fourth kinde which is a massinge sacrificing priesthood after which order Christes Apostles the true mynisters of his Church were neuer priests for y e order belongeth onely to y e Apostolical Clergy of y e Romishe Antichrist Yf your meaning therfore be y e Christ left any kinde of gouernment or rule of his Churche to Bishops Priestes after this popishe order your opinion is hereticall your assertion vtterly false Therfore where I shall afterwardes in my speaking cal the mynisters of Christes Churche Priestes I geue you to vnderstande y t I doo therin but follow y e vsuall accustomed kinde of speache which is impropre although in longe vse Likewise to gouerne and rule the Church of God is of twoo kindes sortes the one is by y ● supreme authority power of the swoorde to guide care prouide direct ayde Gods Church to further mainteine setfoorth the true Religion vnitie quietnes of Goddes Churche to ouersée visit refourme restraine amende correct all manner persones with all manner errours superstitions heresies schismes abuses offences contēptes enormities in or about Gods Churche Which gouernment rule apperteineth onely to Kinges Quéenes and Princes and not to the Apostles Bishops and Priestes wherof S. Paule speaketh nothinge at al in this sentence by you alledged to the Bishops of Ephesus The other sorte is to féede the flocke of Christ with the Spirituall foode of Goddes woorde which is the onely rule and gouernment that belongeth to the Apostles Bishops Mynisters of Christes Churche of none other manner rule speaketh S. Paule to the Bishops of Ephesus which he maketh most plaine both by y t expresse woordes of y e sentence auouched also by the whole circumstaunce of the same place The woorde y e S. Paule vseth doth proprely signifie to féede as the sheapeherde féedeth his shéepe by a figuratiue speach to guide gouerne or rule therefore if you would haue dealt plainly and haue vttered S. Paules meaning according to his propre speache where you say To gouerne and rule doubling the woordes as it were to amplifie the matter that the truth might lesse appeare you ought to haue saide to feede the Churche of God for that is the Apostles propre saying so the olde translatour of Chrysostome doth translate it vpon the Epistle to y e Ephesians also expoūding this same
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 frō 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 ▪ 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 cōmonly receiued opinion is in Christꝭ Churche according to the nomber of the. xtj. Apostles but twelue articles whiche are called in the vsuall speche of the catholique Christiās 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
to mine assertion to be committed by Christe to Bishops priestes as proprely apperteyning to their office and calling without further commission or authoritie from Princes or any other power The distinction that I made of Ecclesiasticall iurisdiction I wil first repete and than put mine answeare to your argumentes Spiritual Iurisdiction is deuided into twoo sortes the one is called Cohibityue the other not Cohibityue That whiche is called not Cohibityue is that iurisdiction or power that is exercised and woorketh in the inwarde and secrete courte of conscience that is the preachinge of the Ghospell mynistration of the Sacramentes and the absoluinge and reteininge of sinnes by the woorde of God in the publique mynistery This therfore they call not Cohibityue bicause in the Court of conscience no man is bound or lowsed vnwillingly or against his will To exercise this kinde of Iurisdiction neither kinges nor ciuill Magistrates neither any other persone may challendge or take vppon him onlesse he be lawfully called thereunto Iurisdiction Cohibitiue hath twoo partes the one consisteth in the exercise of excommunication and circumstaunces thereunto required by Christes institution the whiche power or Iurisdiction belongeth to the Churche onely and not to the Prince Bishoppe or Priest for noman hath authoritie to excommunicate but onely the Churche and those who receiue authoritie there vnto by commission from the Churche The other kinde of Cohibitiue Jurisdiction is a power or authoritie that consisteth and is exercised in foro causarum in the courte of causes and apperteineth ad externum publicum forum to the externall and publike Courte and is defined to be saith Antonius an authoritie or power to declare the Law geue sentence and to iudge in all controuersies pertayninge to the Courte what is euery mans right and in summe to doo those thinges that iustice dooth require accordinge to the Lawes Ioannes Quintinus defineth Iurisdiction to the same effect but openeth the nature thereof more plainely sayinge Iurisdiction is an office and authoritie to declare the Lawe that is to admynister iustice and equity● and to gouerne the people with right and Lawes VVhan I name an office saith he I meane that iurisdiction hath in it selfe a necessity to declare the Lawe for office is that whiche euery man is bounde to doo to declare the lawe is to exercise iudgementes whereuppon commeth iurisdiction he meaneth that iurisdiction hath the name and is so called of exercisinge iudgementes iudgementes are exercised onely of them that haue iurisdiction that is power to iudge Iurisdiction consisteth onely in the contentions or debatinge of matters in Courte or iudgementes This authoritie to iudge dooth discende nowe from the Prince alone in whome onely is all power By vertue of this iurisdiction saith Antonius the Churche mynisters accordinge to their offices rightly enioyned vnto them may lawfully visit enquire of mens manners punishe the faulty send foorth apparitours or sommoners cyte the sturdy and stubborne represse their malepartnes call and sommon meete personnes to the Synode prouinciall or generall confirme the matters decreed in the Synode or Councell pardon faultes chaunge or mytigate the penaunce enioyned for confessed faultes condemne Heretiques and their writinges examine all mens writinges who so euer before they be set foorth or published and after due examination iudge whether they conteyne sounde or pestilent doctrine ordeine Decrees Lawes caeremonies and rytes constitute Bisshoppes and other Churche mynisters also depose degrade make them irreguler and vnhable to haue holy orders determine illegitimation in personnes for maryage bestowe Ecclesiasticall benefices and exact tythes and annates These and many other thinges may be lawfully doone by those that haue the power of this Cohibytiue Iurisdiction whiche is not saithe he properly signified by the name of the keyes for although it may be named in some respecte a Churche keye yet it differeth very muche from the keyes of the firste Courte that is of the Courte of Conscience For the vse of those keyes that are occupied in the Courte of conscience belongeth onely to the Euangelicall Priestes But this Iurisdiction may lawfully be exercised of those that are not mynisters of the woorde and Sacramentes and are not Priestes As the twoo former partes of Ecclesiastical iurisdiction haue their vertue power and institution of Christe immediatly euen so this third part whiche is saide to consiste in foro causarum with those thinges which may be vsed or exercised by vertue thereof dothe depende vppon the positiue Lawes of Christian Magistrates or where suche wanteth vppon the positiue rules and orders of that Churche where suche orders muste be practised and not immediatly vppon the Lawe of God You tooke vppon you to proue that this seconde kinde of Cohibityue Iurisdiction with the appurtenances thereof as I haue rehersed was appointed by the expresse woorde of God immediatly to Bishoppes and Priestes without further commission of Princes or other power whiche I denied Nowe let vs consider the force of your proufes and sée how they conclude your cause Firste yée say that the woordes of the first parte of the Othe doo by expresse woordes of the Acte geue vnto the Q. highnes all manner of iurisdictions priuileges and preheminences in any wise touchinge and concerninge any Spirituall or Ecclesiasticall iurisdiction within the realme with an expresse debarre and flat deniall made of al spirituall iurisdiction vnto the Bisshoppes thereof to be exercised ouer their flockes and cures without her highnes speciall commission to be graunted thereunto they hauinge by the expresse woorde of God commission of spirituall gouernement ouer them Your euill dealing with the woordes of the Acte and the Othe expresseth an vnkindely meaninge to the Prince and the state for that either the Acts or the Othe debarreth or denieth expressely or couertly y e Bishopes of this realme to exercise ouer their flockes and cures without her highnes speciall commission graunted therto any spirituall iurisdiction assigned to a Bishop by the woorde of God is altogether vntrue The Statute geueth or rather restoreth to the Prince Iurisdiction and authoritie to enquire after what sorte the Ecclesiasticall state and personnes behaue them selues in their cures and chardges to refourme and correct the disorders negligencies and enormities risinge amongest them to the hinderaunce of their office in their cures and chardges and in summe to order and prouide that they doo execute their office accordinge to their callinge in their cures chardges This is not to debarre or denie them the exercise of their office without a speciall licence Neither doo the expresse woordes of the Statute geue to the Prince all manner of iurisdictions in suche absolute wise as you reporte in any wise and any spirituall iurisdiction within the realme For these termes all manner in any wise and any spirituall iurisdiction whiche you enforce so muche are not founde in the gifte or restitucion of spirituall iurisdiction made by the acte vnto the Prince But in that parte where the acte geueth afterwarde
not vse this Forinsecall or courtly without the Princes commission M. Fekenham VVhereunto I do adioyne this obiection follovving First for the time of the olde lavve vvhiche as Paule saide vvas a very figure of the nevve Moses Aaron Eleazarus being Priestes they had by the expresse vvoorde of God this iurisdiction ouer the people of God as to sit in iudgement vppon them and that not onely in Ecclesiasticall but also in ▪ Politike and ciuill matters and causes they did visit them they did refourme them they did order correct and punish them so oft as cause required and vvithout all commission of any cyuill Magistrate gouernour King or Prince Besides that for the vvhole time of the old Lavve there vvas an expresse lavve made vvhereby all Cyuill magistrates and iudges vvere cōmaunded in all doubtfull matters to repayre to the Bishoppes and Priestes and to stay vppon their determinacions and iudgementes vvithout declinyng on the right hande or the left And if that any man should disobeye the determinacion once geuen of the Priest morietur homo ille like as appeareth Deut. 17. The B. of Wynchester This adiunct will not serue your turne for it is not possible to stretche it without burstinge to ioyne with that you must cōclude You beginne to ioyne your woorke togeather with a saying of S. Paule which he neuer said you should haue noted the place where S. Paule saithe that the olde Lawe was a very figure of the newe There is no suche saying S. Paule saith to the Hebrewes that the Lawe hath the shadowe of good thinges to come c. where he speaketh not generally of the whole Lawe but of the ceremoniall parte and sacrifices whiche were shadowes of Christe and his sacrifice and not of the Bishoppes Iurisdiction after Christ vnder the Law of the Ghospell Thus aptly also doo your allegations out of the olde Testament serue your purpose for one of the thrée to wit 29. of Exod. hath no woorde of this Iurisdiction onely it sheweth the manner of consecratinge the Priest and the ceremonies thereabout In the. 24. of Exod. it is saide that when Moses wente vp into the Mount he saide vnto the Elders Tary vs here vntill wee retourne vnto you Beholde Aaron and Hur are here with you if any man haue ought to doo let him come to them that is if any matter of controuersie arise in mine absence let Aaron Hur haue the hearinge and decidinge of it as I shoulde haue if I were present By this place Aaron had no authority geuen vnto him but for a time in the absence of Moses by commission from Moses the chiefe ruler and gouernour of Goddes people and that not alone but hauinge Hur one of the Elders an auncient and a wise man ioyned in commission with him This allegation maketh directly against your conclusion for it sheweth y t Aaron had this authority but by commission from Moses the Prince of the people In the thirde place Num. 27. where God shewed vnto Moses that Iosue shoulde gouerne the people after him it is saide that Iosue shoulde stande before Eleazar the Priest who shall aske Councell for him by the iudgement of Vrim before the Lord and at his woorde they shal goe out and in both he and the people of Israell that is whan Iosue standeth in doubte what to doo for the better gouernement of the people either in the time of peace or warre he shall vnderstande Goddes will therein by the high Priest to whome the Lorde will miraculously declare his will and pleasure by the light or shininge of the Vrim and Thumin and accordinge to Gods will shewed in the Vrim to the high Priest and by him to Iosue he muste direct and order his gooyng in and out Ergo say you The Bishoppes and Priestes now in the time of the Ghospell haue Iurisdiction by the expresse woorde of God to kéepe Courtes to cal Councels to make Lawes forinsecally to visit refourme order correct their flockes cures The most simple can iudge of this sequele After like sorte it is writen Deut. 17. That whan harde and doubtfull cases come before the iudges or inferiour Magistrates whiche cannot easely be tried or founde out by them than the inferiour Magistrates shall goo to the high Priest and to the chiefe iudge at Hierusalem for the time beinge who shall shewe what is to be doone whose sentence iudgement must not be disobeyed vnder the paine of death Doo you not aptly conclude thinke you that the Bishops in the time of the Ghospell ought to haue this Courtly iurisdiction bicause the high Priest and the Temporall iudge did determine doubtfull cases in y e time of the olde Testament for the Priest alone did not determine all causes as you séeme to alledge the texte M. Fekenham Seconde in the Nevve Testament like as our Sauiour Christe did committe and leaue the vvhole Spirituall gouernmente of his people and Churche vnto his Apostles and to the Bishoppes and Priestes and the successours of them So they did practise all Spirituall gouernement ouer them they did execute and geue iudgement in the Churche of Christe they did refourme order and correcte all disorder therein and that vvithout all commission ayde or authority of any Temporall Magistrate Kinge or Prince for the space of three hundreth yeeres in the prymatiue Churche of Christe vnto the time of Constantine he beynge the firste Christian Kinge and Emperour vvhiche did ioyne his svvoorde to the mayntenaunce of Goddes vvoorde The B. of Wynchester Like as the Apostles had in commission power from Christe our Sauiour to whom al power was geuen both in heauen and in earth so faithfully they executed the authoritie and charge cōmitted vnto them not seeking their owne honour by vsurpation but the glory of Christ by the abasing them seles euen vnto the death Their commission regestred by S. Mathew appeareth in these wordes Go and teache al the nations baptizing them in the name of the Father and of the sonne and of the holy ghost teaching thē to kepe all thinges whiche I haue commaunded you Howe faithfully they exercised this authoritie according to the commissiō S Luke sheweth in his Chronicle called the Actes of the Apostles and setteth foorth one notable example hereof in Paules oration made to the Elders of Ephesus called to Miletum He taketh them to witnesse that he kept nothinge back from them that might be for their profit but shewed them all the councell of God It is much maruaill that Paul shewed al Gods councel vnto them yet made no mention of any Forinsecall iurisdiction as geuen them by the commission of Gods worde The godly Bishops that succeded the Apostles for many yeres after followed the doctrine and examples of the Apostles yet neuer exercising iurisdiction Forinsecal neither iudging reforming ordering or correctinge otherwise than by preaching publikely or priuately without especiall consent and commission of their Churches during the time thei
had no Christiā Prince or Magistrate Constantinus as I haue saide was not the first Christian king But he was the very first Emperour as your owne writers doo witnesse that gaue Bishoppes authoritie to iudge and exercise iurisdictiō ouer their Clergie and that gaue to the Bishop of Rome power and authoritie ouer other Bishoppes as Iudges haue the king ouer them and that gaue to him power and iurisdiction ouer all other Churches if that Donacon be not forged whiche Gratian citeth And Petrus Bertrandus a Bishop a Cardinal and one of your best learned in the Canon and Ciuill lawes in his treatise De origine iurisdictionum affirmeth that Theodosius and Carolus Magnus did graunte vnto the Churche all iudgementes For the proufe whereof he auoucheth diuerse decrées and addeth That such graūtes were afterwardes abrogated M. Fekenham At the first councel holden at Hierusalem for the reformation of the controuersy that vvas than at Antioche touchinge Circumcisiō and the obseruation of Moses Lavve decree vvas made there by the Apostles and Priestes vnto the beleuers at Antioche that they shoulde absteine from these fovvre chiefe and necessary thinges viz ab immolatis simulachrorum à sanguine suffocato à fornicatione à quib custodientes vos bene agetis The vvhiche first councell vvas there assembled by the Apostles of Christ The Decrees and Lavves vvere made there by them The controuersy at Antioche vvas by them reformed ordered and corrected vvithout all commission of any temporal Magistrate King or Prince The B. of Wynchester God be thanked that S. Luke maketh to vs a sufficient report of this councell who maketh no mencion of any Priest there present as you vntruely report onles ye will thinke he meant the order of Priestes whan he named the faction of the Pharisées Whether the Apostles called this councell or not or that the Congregation being assembled together in their ordinary sort for praier preaching and breaking of bread Paulus and Barnabas with the others sent to Hierusalem did declare the cause of their message before the whole Churche which is more likely I will not determine bicause S. Luke maketh no mention thereof But if it be true that ye affirme that the Apostles called or assembled this Councell Then was it not the authoritie or Acte of one Apostle alone Besides this if the Apostles called this councell they called they Layte so wel as the Clergie to the councell yea as may séeme probable mo of the Laytie than of the Clergie The decrées were not made by the Apostles alone as you falsely feyne For S. Luke saith the decrée was made by the Apostles Elders and the whole Congregation The Apostles I graunt as was moste conuenient with the Elders had the debating arguing and discussing of the question in cōtrouersie They declared out of the holy Scriptures what was the truthe And I doubt not but they declared to the Church what they thought most conueniēt to be determined But the determination and decrée was by the common consent both of the Apostles Elders and people Therfore this controuersy was reformed ordered and corrected not by the authoritie of the Apostles alone without the Elders neither they togeaher did it without the assent of the Churche and so this allegation maketh no deale for your purpose but rather cleane against it M. Fekenham The Apostles also hearinge at Hierusalem that Samaria had reciued the vvoorde of God they did sende Peter and Iohn to visite them to confirme them in faythe and that they might receiue the holy ghost by the imposition of their hands Paule and Barnabas did agree betvvixt them selues to visite al those Cities and bretheren vvhiche they had conuerted to the faithe The vvoordes of the Scripture are these Dixit ad Barnabam Paulus reuertentes visitemus fratres per vniuersas Ciuitates in quibus praedicauimus verbum Domini quomodo se habeant In the vvhiche visitation the Apostle Paule Electo Sila per ambulabat Siriam Cil●●iam confirmans Ecclesias praecipiens custodire praecepta Apostolorum seniorum By the vvhiche vvoordes it right vvell appeareth hovve the Apostles and Priestes at Hierusalem ouer and besides the Ghospell vvhiche they taught they did make certeine Decrees Lavves and ordinaunces the vvhiche the Apostle Paule in his visitation gaue commaundement to the Syrians and Silicians to obserue and keepe VVhat Lavves and orders did the Apostle make and appoint vnto the Corinthiās that men should neither praie nor preache in the Churche vvith their heades couered VVhat reformation and order did he make and appoint vnto them for the more honourable receiuing of the Sacrament and that partly by vvriting and partly by vvoorde of mouthe saying Caetera cum Venero disponam and in his seconde Epistle to the Thessalonians he saith Fratres state tenete traditiones quas didicistis siue per fermonem siue per Epistolam nostram VVhat orders and Decrees did the Apostle Paule make touching praiyng and preaching vnto the people in tongues vnknovven and that al vvomen should keepe silence in the Churche and Congregation These and many suche other like Lavves orders and Decrees vvere made for the reformation of the people in the Churche of Christ by Christes Apostles by Bishops and priestes as the successours of them and that vvithout all commission of any Temporal Magistrate Emperour King or Prince Constantinus being the first Christian Emperour like as I haue saide The B. of Wynchester Your whole drifte in this parte is to proue that Bishoppes and Priestes may visite geue the holy Ghoste by the imposition of their handes and make lawes orders and decrees to their flockes and cures Your proufe consisteth in the example of the Apostles and this is your argument The Apostles visited gaue the holy Ghost and made Lawes orders and decrees vnto their flockes and cures Ergo Bishoppes and Priestes haue authoritie and may make Lawes visit geue the holy ghost to their flockes and cures The insufficiency of this consequent doth easely appeare to those that doo consider the state and condicion of the Apostleship and compare therwith the office of a Bishop or Priest The Apostles did might and could doo many thinges that Bishoppes and Priestes neither may nor can doo The matter is more plaine than that needeth any proufe But as the sequele faileth in forme so let vs consider the matter wherupon ye grounde the sequele that your friendes may see what foule shiftes ye are driuen to make for the maintenaunce of an vniust claime That the Apostles did visite their cures and flockes you proue by two places of the Actes in the first place ye feine the Scriptures to saie that it sayeth not for in the eight of the Actes there is no mencion made of any visitation the other place speaketh only of a Scripturely visitation and nothing at al of your Forinsecall or Canon Lawe visitation The Canon Lawes visitatiō is to be exercised by a great nomber of such persons
of Bishoppes Liberius the Bishop of Rome as Athanasius reporteth in this same Epistle require in a Synode Ecclesiasticall that it be free from feare farre from the palaice where neither the Emperour is present neither the Earle or Capitaine thrusteth in him selfe nor yeat the Iudge dooth threaten He meaneth that it be frée from feare threathes and without this that the Emperour or Rulers do lymitte or prescribe to the Bishoppes what they shoulde iudge This appeareth more plainely by S. Ambrose who also speaketh of the lyke matter yea vnder the same Prince saiynge Constantinus set foorth no Lawes before hande but gaue free iudgement to the Priestes The selfe same also did Constantius in the beginning of his reigne but that whiche he well beg●nne was otherwise ended For the Bishoppes at the first had written the sincere faith but when as certeine men will iudge of the faithe within the Palaice he meaneth after the opinion of the Courtiers and prescription of the Prince otherwise it was not vnlawfull to iudge of matters concerning faithe within the Princes Palaice the Prince also beynge present for the first Nicen councell was holden within the Emperours Palayce and he him selfe was present amongest them They brought this to passe that those iudgementes of the Bisshoppes were chaunged by Circumscriptions Then is required in a Synode saieth he that the onely feare of God and the institutions of the Apostles doo suffice to all thinges Next that the right faithe be approued and Heresies with the mainteiners thereof be cast out of the councell and than to iudge of the persones that are accused of any faulte So that the Bishoply session or iudgement must haue freedome must iudge by the onely woorde of God muste haue the Bishops that doo iudge to be of the right faithe and must first examine the Religion and faithe of the partie accused and then his faithe Constantius who notwithstanding that he did pretende a Bishoply iudgemēt vsed none of these obseruauntes but the cleane contrary For as Athanasius complayneth in this Epistle the Emperour wrought all togeather with threates menassinge the Bishoppes other to subscribe against Athanasius or to departe from their Churches Who so gaynsaide the subscription receiued to rewarde either death or exile He without any persuasion with reasons compelleth all men by force and violence in so muche as many Bishoppes afterwardes excused themselues that they did not subscribe of their owne voluntary but were compelled by force VVhere as saith he the faithe is not to be set foorth with swoordes or dartes or by warrelike force but by counsailing and persuadinge He in the steade of Gods worde vsed his own will appointinge and prescribing what should be determined answering y e godly bishops who obiected against his vnorderly doings y ● ecclesiastical Canō at quod ego volo pro Canone sit Let my will stande for the Canon Pretending a iudgement of Bishops he doth what so euer liketh himselfe Where as Hosius saith cytod by Athanasius in this Epistle The Emperour ought to learne these thinges of the Bisshoppes and not to commaunde or teache them what to iudge in this kinde of iudgement for the Prince shoulde not showe him selfe so busy or curious in Ecclesiasticall thinges that his will and pleasure shoulde rule or guyde them in steade of Gods woorde and the godly Canons of the fathers Constantius woulde haue no other Bishops but Arians whiche were no Bishoppes in déede as Athanasius saith and much lesse apt to iudge of the matter touching a principall article of our faith or of the faithfull Bishop Athanasius and taking his heresy as an vndoubted truthe that might not be called into question he sought by all meanes to haue Athanasius condemned and al Bishops to refuse his communion and to communicate with the Arians These disorderly dealinges of the Emperour Athanasius cōdemneth as directly against the order of Ecclesiasticall session or Synode how so euer he pretended vnder the colour of the Bishoply iudgement to abuse his owne power and authoritie after his owne luste against whom he woulde You would haue it seeme to the ignoraunt that Athanasius mynde in this place were to denie that Princes should medle or deale in Ecclesiastical thinges or causes which is farre frō his meaning for he him self with many other godly bishops as I haue shewed before did acknowledge the Princes authoritie herein in this same epistle he him selfe confesseth this Emperours authoritie to call coūcels citeth Hosius also who enclineth to that purpose both of thē confessing y ● Constans Constantius Thēperours did cal al the Bishops to y e coūcel which he calleth Sardicēse consiliū about the accusatiōs crimes laid in against Athanasius And Theodoretus affirmeth y t this Emperour Cōstantius called a Synode at Millaine about suche like matter at whose callinge the faithfull Bishops assembled parentes regio edicto obeying the Kinges Summons which they would not haue done if it had béene vnlawfull for him to haue had any dooinges about councelles But when he abused his authority in the coūcel as though his power had béene absolute without limites or boundes willinge them yea cōpelling them to doo after his wil against good conscience they would not obey him Quin etiam palam praesentem regem coarguebant impij iniusti imperij but did opēly reproue the Kinge for his wicked and vniust rule or cōmaundement whereby is manifest that Athanasius speaketh not against the Princes authority in Ecclesiasticall matters but against his tiranny and the abusinge of that authoritie whiche God hath geuen him wherwith to mynister vnto Goddes will and not to rule after his owne lust they commende the authority but they reproue y e disorderly abuse thereof Now let vs sée how this saying of Athanasius helpeth your ●ause Constantius the Emperour dealt vnorderly and after his owne luste against Athanasius and others pretendinge neuerthelesse the iudgement of Bishoppes whiche Athanasius misliketh as is plaine in this place auouched Ergo Bishops and Priestes may make lawes decrées orders and exercise the second kinde of Cohibitiue Iurisdiction ouer their flockes and cures without commission from the Prince or other authoritie I doubt not but yée sée suche faulte in this sequele that yée are or at leaste yée ought to be ashamed thereof M. Fekenham Almighty God saith by his Prophete Hieremy vvhich vvas both a Prophet and a Priest Ecce dedi verba mea in ore tuo Ecce constitui●te hodie super gentes super regna vt euellas destruas disperd●s dissipes aedifices plantes Gregorius Nazianzenu● sermone de dictis Hieremiae ad Iulia●um Imperatorem Pu●as no patimini vt verum vobiscum agam suscipitis ne liberratem verbi libenter accipitis quod lex Christi sacerdotali vos nostrae subijsset potestati atque iustis tribunalibus subdit Dedit enim nobis potestatem dedit principatum multo perfectiorem principatibus vestris aut
Augustine or rather of Christes catholique Churche vttered by hym againste the Donatistes touching the Seruice authoritie power and care that kynges haue or ought to haue in causes spirituall or ecclesiasticall the whiche is also the iudgement of Christes catholique Church now in these dayes mainteined and defended by the true mynisters of the same catholique Churche againste all Popishe Donatistes with the force of Gods holy woorde bothe of the olde and new Testament euen as S. Augustine did before Who to prooue and confirme this his assertion to bee true against the Donatistes did auouche many mo examples than I haue cited out of the olde Testament As of the kyng of Niniue of Darius Nabuchodonozor others affirmyng that the histories and other testimonies cited for this matter out of the olde Testament are partly figures and partly prophecies of the power duety and seruice that kynges should owe and perfourme in like sorte to the furtherance of Christes Religion in the time of the new Testament The Donatistes in the defence of their heresy restrayned S. Augustine to the example and testimony of such like order of Princes Seruice in matters of Religion to be founde in the Scriptures of the new Testament meanyng that it could not be found in any order that Christe lefte behynde hym as you also fantasied when you wrote the same in your booke folowyng yea going euen cheeke by cheeke with them But S. Augustine maketh aunswere to you all for hym and me bothe Who rehcarsing the actes of the godly kynges of the olde Testament taketh this for a thyng not to be denied to wytte That the auncient actes of the godly kinges mentioned in the Propheticall bookes were figures of the like factes to be doon by the godly Princes in the time of the newe Testament And although there was not in the tyme of the Apostles nor of long tyme after any kynges or princes that put the same ordinaunce of Christ in practise all beynge infideles for the most part Yeat the seruice of kinges was figured as S. Augustine saieth in Nabuchodonozor and others to be put in practice when this of 71. Psalme should be fulfilled and all the kinges of the earth shall worshippe Christ and all nations shall serue him c. As yet in the Apostles time this prophecy sayth he was not fulfilled and now ye kinges vnderstande be learned ye that iudge the earth and serue the Lorde in feare with reuerence VVhen the christian Emperours and Princes saieth this catholique father shall heare that Nabuchodonozor after he had seen the marueilous power of almighty God in sauing the three younge men from the violence of the fire walking therin without hurt was so astonied at the miracle that he him selfe being before this but a cruell Idolatour began forthwith vpon this wonderous sight to vnderstande and serue the Lorde with reuerent feare Doo not they vnderstande that these thinges are therefore writen and recited in the Christian assemblies that these shoulde be examples to them selues of faith in God to the furtherance of Religion These Christian rulers therfore minding according to the admonition of the Psalme to vnderstande to be learned and to serue the Lord with reuerent feare do very attētiuely giue eare and marke what Nabuchodonozor after said for he saieth the Prophet made a decree or statute for all the people that were vnder his ●beissance that who so euer shuld after the publicatiō thereof speake any blasphemy against the almighty they should suffer death and their Goodes be confiscate Now if the Christian Emperours and kinges doo know that Nabuchodonozor made this decree against the blasphemers of God surely they cast in their myndes what they are bounde to decree in their kingdomes to witte that the selfe same God and his Sacramentes be not lightly set by and contemned Thus farre S. Augustin By whose iudgement being also the iudgement of the catholique church it is manifest y t the order rule and gouernement in Ecclesiasticall causes practised by the kynges of the olde Testament beynge figures and prophesies of the lyke gouernement and seruice to be in the kynges vnder the newe Testament is the order of gouernment that Christ left behynde him in the Ghospell and newe Testament and so directlye confuteth your erronious opinion Nowe I wyll conclude on this sorte that whiche I affirmed namely that kynges and Princes ought to take vpon them gouernement in Ecclesiasticall causes What gouernement orde and dutifulnes so euer belongyng to any God hath figured and promysed before hande by his Prophetes in the holy Scriptures of the old Testament to be perfourmed by Christe and those of his kyngdome that is the gouernement order and dutifulnes set foorth and required in the Ghospel or newe Testament But that faithfull Emperours Kynges and Rulers ought of dutie as belongynge to their office to claime and take vpon them the gouernement authoritie power care and seruice of God their Lorde in matters of Religion or causes Ecclesiasticall was an order and dutifulnes for them prefigured and fore promysed of God by his Prophetes in the Scriptures of the olde Testament as S. Augustine hath sufficiētly witnessed Ergo. Christian Emperours Kynges and Rulers owe of dutie as belonging to their office to clayme and take vpon them the gouernement authoritie power care and seruice of God their Lorde in matters of Religion or Spirituall or Ecclesiasticall causes is the gouernement order and dutifulnes set forth and required in the Ghospell or newe Testament This that hath been already sayd myght satisfie any man that erreth of simple ignoraunce But for that your wilfulnes is suche that you delight only in wranglinge against the truthe appeare it to you neuer so playne and that no weyght of good proufes can presse you you are so slippery I wyll loade you with heapes euen of suche proufes as ye wyll seeme desirous to haue The holy Ghost describing by the Prophete Esay what shalbe the state of Christes Church in the time of the new Testament yea now in these our daies for this our time is the time that the Prophet speaketh of as S. Paule witnesseth to the Corinthians addeth many comfortable promises amongest other maketh this to Christes Catholique Church to witte Kinges shalbe Nourshing Fathers and Quéenes shalbe thy nources Nourishing Fathers saith the glose enterlined In lacte verbi In the mylke of the woorde meaninge Goddes woorde Lyra addeth This prophecy is manifestly fulfilled in many Kinges and Queenes who receiuing the Catholique Faith did feede the poore faithfull ones c. And this reuerence to be done by Kinges saith Lyra was fulfilled in the time of Constantine and other Christian Kinges Certainely Constantine the Emperour shewed him selfe to vnderstād his owne duety of nourishing Christes Church appointed by God in his Prophecy for he like a good tender and faithful Nourcefather did kéepe defende mainteine vpholde and féede the poore faithfull ones of Christ he hare them beinge
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 cōmaunde 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 sentēce 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 fas●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
Theodorus maketh relacion vnto the Synode hereof deliuereth the Billes of supplication to be considered on presenteth the parties to the Synode and sheweth that this is the Emperours pleasure that they shoulde dispatche and ende these matters Paulus the Bishoppe of Apamea in his bill of supplication offred to the most godly Emperour in the name of all his acknowlegeth him to be the highest Potentate in the worlde next vnto God who hath magnified his Empire and throwen his aduersaris vnder him bicause he mainteineth the onely and pure Faith offreth vnto god pure Leuen that is to saie true doctrine as incense and burneth the chaffe meaning false Religion with vnquencheable fier And after the Declaration of their Faith talkinge of the Eutychian or counterfaite catholique He desireth the Emperour to whom God hath reserued the full authoritie to directe to cut him from the Churche and to expulse him out of his Dominions In like sorte the Religious men and the Monasteries of Secunda Syrta doo offer vp a booke of supplication vnto the Emperour beséechinge him that he wil commaund the Archebishoppe Mennas president of the councel to receiue their booke to consider of it according to the Ecclesiastical Canons The Emperour maketh a lawe and constitution to ratifie confirme the iudgemēt of y e Sinode against Anthymus other heretiques wherein also he decreeth touchinge many other ecclesiastical matters or causes as No man to Rebaptize to prophane the holie Communion to call Conuenticles to dispute further in those matters concluded on to publishe or set foorth the Hereticall bookes to communicate with them And so knitteth vp all with this conclusion Wee haue decreed these thinges for the common peace of the moste holie Churches these thinges haue we determined by sentence All thinges beinge thus doone by the commaundement of the Emperour in the first Action so foorth in the seconde thyrde and fowrth after many acclamations the Presidente of the Councell Mennas concludeth saiynge to the Synode That they are not ignorant of the zeale and minde of the Godly Emperour towardes the right Faith and that nothinge of those that are moued in the Churche ought to be doone without his will and commaundement Suche is the aucthoritie of Princes in matters Ecclesiasticall that the Godly auncient Fathers did not onely confesse that nothinge moued in Church matters ought to be done without their aucthoritie but also did submitte them selues willingly with humble obedience to the direction of the Godly Emperours by their lawes in all matters or causes Ecclesiasticall whiche they woulde not haue doone if they hadde thoughte that Princes oughte not to haue gouerned in Ecclesiastical causes The same zelous Emperour doth declare that the authoritie of the Princes lawes doth rightly dispose and kepe in good order both spirituall and temporal matters and driueth away all iniquitie wherefore he did not onely gather togeather as it were into one heape the lawes that he him selfe had made and other Emperours before him touchinge ciuill or temporall matters but also many of those lawes and constitutions whiche his auncestours had made in Ecclesiastical causes Yea there was nothinge perteininge to the Churche gouernmente whiche he did not prouide for order and diricte by his lawes and constitutions wherein maie euidently appeare the aucthoritie of Princes not onely ouer the persons but also in the causes Ecclesiasticall He made a common and generall lawe to all the Patriarches touchinge the orderinge of Bishoppes and all other of the clergie Church ministers prescribinge the number of them to be suche as the reuenues of the Churches may well susteine affirminge that the care ouer the Churches and other Religious houses perteine to his ouersight And dooth further inhibite that the ministers doo passe foorth of one Church to an other without the licence of the Emperour or the Byshoppe the whiche ordinaunce he gaue also to those that were in Monasteries He geueth authoritie to the Patriarche or Byshoppe to refuse and reiecte although greate suite by men of muche authoritie be made He prescribeth in what sorte to what ende the churche goodes shoulde be bestowed and threatneth the appointed paynes to the Byshop and the other ministers if they transgresse this his constitution He prescribeth in what sorte the Bishop shall dedicate a Monastery he giueth rules and fourmes of examination and trial of those that shalbe admitted into a Monastery before they be professed in what sort and order they shall liue together He prescribeth an order and rule wherby to choose and ordeyne the Abbot He requireth in a Monastical persone diuinorum eloquiorum eruditionem conuersationis integritatem Learning in Gods woorde and integritie of life And last of all he chargeth the Archebishoppes Bishops other Church ministers with the publishing and obseruing of this his constitution Yea his Temporall officers and Iudges also threatening to them both that if they do not see this his Lawe executed and take the effecte they shall not escape condigne punishement He protesteth that Emperours ought not to be careful for nothing so muche as to haue the mynistery faithfull towardes God and of honest behauiour towardes the worlde whiche he saith will easely be brought to passe if the holy rules whiche the Apostles gaue and the holy fathers kept and made plaine be obserued and put in vre Therefore saith he we folowing in al thinges the sacred rules meaning of the Apostles doo ordeine and decree c. and so maketh a constitution and Law touching the qualities and condicion that one to bee chosen and ordred a Bishop ought to haue and prescribeth a fourme of triall and examinacion of the party before be be ordered adding that if any be ordered a Bishop not qualified according to this constitution both he that ordereth and he that is ordered shall lose their Bishoprikes He addeth furthermore that if he come to his bishoprike by giftes or rewardes or if he be absent from his Bishoprike aboue a time limited without the commaundement of the Emperour that he shall incurre the same penalties The like orders and rules he prescribeth in the same constitucion for Deacons Diaconisses Subdeacons and Readers cōmaunding y e Patriarches Archbishops Bishops to promulgate this cōstitution to see it obserued vnder a pain He affirmeth that this hath been an auncient Lawe and doth by his authoritie renue and confirme the same that no man haue priuate chappels in their houses wherin to celebrate the diuine misteries whereunto he addeth this warning to Mennas the Archebishop that if he knewe any suche to be and doo not forbidde and refourme that abuse but suffer this constitution of the Emperour to be neglected add broken he him selfe shall forfait to the Emperour fifty poundes of golde Also that the mynisters keepe continuall residence on their benefices otherwise the Bishop to place others in their rowmes and they neuer to be restored Whan this Emperour vnderstode by the
place of the Actes of y e Apostles vt pascatis Ecclesiā to feede the Church S. Peter making the like exhortation to this of S. Paule to the Bishops dispersed vseth y e selfe same woorde saying Pascite quantū in vobis est gregem Christi Feede so muche as you may the flocke of Christ Christ him selfe also teachinge Peter all other Bishops what manner of rule gouernment as properly geuen them by Gods woorde they should haue in y e Church doth expresse it with y e selfe same woorde saying Pasce agnos meos feede my Lābes To rule gouerne the L. household faithfully and prudently Christ expoūdeth to be nothing els in general thā to geue meate vnto his family in due season Neither did our sauiour Christ geue other power authority or cōmissiō vnto his Apostels so to al other Bishops as properly belonginge and onely to the Bishoply office then this As my Father sente me so I sende you receiue the holy ghost whose sinnes yee remit they are remitted whose sinnes yee retaine they are reteyned goo therefore and teache all nations Baptizinge them in the name of the Father and of the Sonne and of the holy Ghost teachinge them to obserue all thinges that I haue commaunded you So that the Bishoply rule and gouernment of Gods Church consisteth in these thrée pointes to feade the Church with Goddes woorde to Mynister Christes Sacramentes and to binde and lose all whiche thrée partes Christ comprehendeth vnder this one saying to geue meate to the Lordes family in due season And S. Paule in these woordes to feede the Churche of God The circumstaunce of the sentence whiche you alledged foorth of the Actes doth also shewe in the example of Paule him selfe who was inferiour to none of the Apostles and Churche mynisters in any point that he claimed or tooke vppon him none other rule or gouernment than of féedinge Goddes Church with the spiritual foode of the Ghospell He setteth foorth the execution of his owne office and by that example moueth the Bishoppes of Ephesus to the like sayinge I haue serued the Lorde with all humblenes of minde I haue leaft nothinge vndoone that might be profitable to you but I haue declared and taught you openly and priuely the repētaunce and faith in God and Iesus Christe I receyued an office of mynistery from the Lorde Iesus to testifie the ghospell of Gods grace and to preach the kingdome of God I haue hidden nothinge of Goddes councell from you Take heede therfore to your selues and to Christes flocke as I haue doone whereof the holy Ghost hath appointed you Bisshoppes as he did me to feede the Churche of God as you knowe and sée that I haue done This that you call to gouerne and rule was with Paule to serue with lowlines to mynister with watchefulnes to preache teache and testifie the Ghospell and the kingedome of God publikely and priuately and to shewe to the flocke all the Councell of God touchinge their saluation keepinge nothinge thereof backe from them To gouerne the Churche of God after this sorte belongeth to the onely office of Bishoppes and Churche mynisters and not to Kinges Quéenes and Princes who may not neither doo clayme or take vppon them this kinde of spirituall gouernment and rule or any part thereof with the Bishops neither doo they take the supremacy and chiefe parte of this spirituall gouernement from the Churche mynisters As contrary wise the Churche mynisters ought not to claime and take vppon them the supremacy of gouernement as the Papistes of longe time haue doone from Kinges Quéenes and Princes M. Fekenham And vvhan your L. shalbe hable to prooue that these vvoordes of the Apostle Paule and by him vvriten in his Epistle vnto the Hebrevves Obedite praepositis vestris subiacete eis ipsi enim peruigilant quasi rationem pro animabus vestris reddituri vt cum gaudio hoc faciant non gementes Doo yee obey your spirituall gouernours and submitte your selues vnto them for they watche as men whiche muste geue accompt for your soules that they may doo it with ioye and not with griefe VVhan your L. shalbe hable to proue that these vvoordes vvere not vvriten of the Apostle Paule asvvell for all Christian Emperours Kinges and Queenes as for the inferiour sort of people than shall I in like maner yelde touchinge that text of Paule and thinke my selfe very vvell satisfied The B. of Wynchester No man hath or dooth denie that the Churche mynisters hath to gouerne the flocke by preachinge and feedinge with the woorde which is the rule or gouernment that Paule speaketh of in this place also whereto all Princes are and ought to be subiecte and obedient For this subiection and obediēce to the woorde of the Ghospel taught and preached by the Bishoppes sittinge in Christes chayre whiche is the whole rule and gouernement they haue or ought to clayme as propre to their callinge is commaunded so well to Princes as to the inferiour sorte of the people as you say truely although your cause is no deale holpen nor my assertion any whit improued thereby M. Fekenham And vvhen your L. shalbe hable to proue that these vvoordes of Paule Mulieres in Ecclesijs taceant c. Let the wemen keepe silence in the Churche for it is not permitted vnto them there to speake but let them liue vnder obedience lyke as the Lawe of God appointeth them and if they be desirous to learne any thing let them aske their husbandes at home for it is a shamefull and rebukefull thinge for a woman to speake in the Churche of Christe VVhan your L. shalbe hable to proue that these vvoordes of Paule vvere not asvvell spoken of Queenes Duchesses and of noble VVomen as of the meane and inferiour sorte of vvomen Like as these vvoordes of almighty God spoken in the plague and punishment first vnto our mother Eue for her offence and secondarily by her vnto all vvomen vvithout exception vidꝪ Multiplicabo aerumnas c. I shall encrease thy dolours sorowes and conceyuinges and in payne and trauayle thou shalt bringe foorth thy children and thou shalt lyue vnder the authority and power of thy husbande and he shall haue the gouernement and dominion ouer thee VVhan your L. shalbe hable to proue any exception to be made either in these vvoordes spoken in the olde Lavve by the mouth of God either in the vvoordes before spoken of the Apostle Paule in the nevv than I shall in like manner yelde and vvith moste humble thankes thinke my selfe very vvell satisfied in conscience not onely touchinge all the afore alleadged testimonies but also in this seconde chiefe pointe The B. of Wynchester I doo graunt the woordes of the holy Scriptures in bothe these places to be spoken to all states of wemen without exception But what make they for your purpose how doo they conclude and confirme your cause Women muste be silent in the Churche and are not
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 propositiōs y ● 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 oppositiō 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 stādeth 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 knowē 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 Christiā 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 attonemēt participation and communion among all the members in doctrine faith Religion and Sacramēts 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 L●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 Lamētable And Christian charitie vvoulde that it should be foreseene and prouided for And for mine ovvne pa●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 foūde so colde and short as in prouiding so sharpe lavves ●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 per●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 Praeroga●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 sta●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
as the Scripture knoweth not And y e matter wherabout that visitation is occupied for the moste part is directly against the Scriptures The personnes that may lawfully visit in your Canon Lawe visitation are Popes Legates from the side Legates sent and borne Legates and messengers of the Apostolike sea Patriarches Archebishoppes Bishoppes Archdecons Deanes Archepriestes Abbottes and other inferiour personnes hauinge iurisdiction All Archbishoppes whiche are Legates borne haue authority to visit their prouinces by double right to wit by right Legatiue and by right Metropolitane and so they may visit twyse in the yere All these visitours muste beginne their visitation with a solemne Masse of the holy ghost The Bishoppe and euery ordinary visitour must beginne his visitation at his Cathedrall churche and Chapter He must come into the Church where he visiteth and first kneele downe and pray deuoutly chiefly directinge his eyes and minde to the place wherein the honourable sacrament of Christes Bodie is hiddē and kepte The matters of the Canon Lawe visitation are in parte these The visitour ought to viewe diligētly whether the place where the Sacrament is kepte be cleane well garnished and close for the Eucharist and the holy Chrysme ought to be kept shut vnder locke and keye He must see that there be great lightes of waxe to geue light in that place Then must he visit the place of the holy reliques and of Baptisme And searche diligently what manner of place it is and whether it be kepte shut Besides this he muste visit the Aultares and litle Chappelles and must with his eies view he whole Church whether it be cleanly and cleane Then he must visit the vesselles and Church vestymentes whether they be cleane and kept in a cleane place as they ought to be and whether the vestymentes be ouermuche worne and broken and in case the visitour shall finde suche vestimentes vncleane rente and consumed with occupyinge he muste burne them in the fire and cause the ashes to be buried in some place whereby there is no passage But in any wise let him not suffer saith Socius purses or such like thinges to worldly vse to be made of the coopes or tunicles Last of all let him suruey the houses and possessions belonging to the Churche The Bishop dooth visit also to Bisshop enfantes and to consecrate or hallow Churches The visitour also shall enquire and examine whether any man knowe or beleeue or that the fame is that the Sexten the Treasurer or the Vesture keeper hath well and saufly kepte the vessels vestymentes and other thinges or ornamentes of the Churche as Masse bookes Grayles Antiphoners Legendes and other thinges appointed to diuine Seruice and whether any thinge moueable or vnmoueable be diminished and by whome wherefore whan and after what sorte whyther they be diligently present at the Dirigees for the dead And whether the vesture keeper or Sexten keepe warely and cleanely the Churche the Eucharist the Reliques the Founte the Churchyardes and suche other thinges And he shall examine the Priestes in the countrey in sayinge of their Masses But let euery visitour vnderstande saith mine authour that same the greatest quaestion or cōtrouersie which was betwixte three Rurall personnes or Priestes whereof two of thē stroue about the woordes of Consecration the one affirminge that the woordes are to be pronounced thus Hoc est corpus meus the other Hoc est corpus I thinke he should haue saide corpū meum These two chose a thirde Prieste who was taken to be better learned to be arbytour and to decide this high quaestiō ▪ whose answere was that he himselfe stoode euer doubtfull in this question and therefore insteede of these woordes of consecration did alwaies vse to say one Pater noster Furthermore the visitour must enquire whither the Layty make their cōfessiō once in the yeere and receiue the Eucharist at Easter And whether they be slowe or denie to paye their tythes and fruites The Archbisshop must in visiting any of his suffraganes exactly enquire and examine the Canōs and Clerkes of the Cath. Church whether they know beleeue or that the fame is that the Bishop hath couered and borne with some mens faultes for money or other tēporall cōmoditie Can you finde in y e Scriptures any one of these Visitours or any one of these weightie matters enquired of by Peter Iohn Paule Sylas Barnabas or by any of the Apostles in their Visitacions which were Scripturely Visitacions No surely it is not possible For these Idolatrous vanities are manifestly repugnante to the Holie Scriptures Amongest all the rable of these Canon Lawe Visitours ye can not finde in the Scriptures not so muche as the bare Title of one of them onelesse it bee of a Bishoppe whiche name applied to the man as the scriptures describeth the man that is called to that office can no more agree with a Cannon Lawe Bishoppe then with y e Ciuil lawe Bishop whose office was as it is sette forth in y e Digestes to haue the rule ouersight of al maner of victualles in the Cities as it were the chiefe clerke of the markets As the matter of the Apostles visitacions standeth directly against the greatest parte of the matter whereabout your Popish or Canon lawe visitacion is exercised Euen so the holy Scripture that you auouch for y e geuinge of y e holy Ghoste maketh nothing at all to proue your purpose For S. Luke in y e place speaketh not of an ordinary power that should remaine in the ministers of y ● churchfor euer but of a special gifte to woorke Myratles to geue that power to others which should continue but for the time whiles Christes Churche was to be erected and the woorde to be sounded thorough the worlde And therfore Chrisostome saieth That this gyfte perteyned onely to the Apostles For saith he the Conuertꝭ in Samaria had receiued before Peter and Iohn came the spirite of Remission of Sinnes But the spirite of Myracles that is the gyfte of tounges healinge propheciyng and such like which are the gyftes of the Holy Ghoste therefore are called the Holy Ghoste they had not as yet receiued There were many that by the power of Goddes spirite coulde woorke Myracles but to geue this power to others none coulde doo but the Apostles For that was propre and onely in them Marke nowe the sequele of your allegation for proufe of your purpose Thus you argue The Apostles gaue by the impositiō of their handes to the Samaritans the gyftes of Healinge Propheciynge of Tongues c. Therfore euery Bishop and priest hath power to geue the same gyftes to their flockes and cures There was neuer none so blinde or ignorantly brought vp in your cures belongynge to the Abbay of Westminster but that did well perceiue that neither your Bishoppes Abbottes or Priestes had or coulde do any suche seate They like Apes imitated the outwarde signe or ceremonie but the inwarde grace they wanted
Touchinge the thirde parte of your proufe whereby yee conclude that Bishops and Priestes may make Lawes orders and decrees to their flockes and cures bicause the Apostles so did as you say Although I neede make none other answeare then to denie your argumēt which you can by no arte maineteyne the insufficiency whereof is manifest to those that haue but a little skyll eyther in Logike or Diuinitie Yet I will briefly consider the places whereupon you grounde this mishapen sequele that the vnskilfull may see how little they make for your purpose After that S. Paule had founded the Churche of Corinthe and had brought them to Christ through y e preachinge of the Ghospell there sprange vp amongest them in his absence many vices and offences contrary to the Doctrine he had taught and the Godly admonitions that he had geuen vnto them wherfore being aduertised therof he wrote his Epistle vnto that Church wherin he reproueth their faultes partely in generall and partely in speciall And in the ende of the tenth Chapiter concludeth with this general admonition that All thinges be done without offence and to the Glory of God In the. xi Chapiter he reproueth certeine faultes in speciall committed by them in their publique assemblies and Churche méetinges contrary to this generall admonition and contrary to that he had taught them in special touchinge their honest and comely behauiour in their publique prayer preaching communicating in Christes Sacramentes which of al other thinges ought chiefely to be so done as therby God may be glorified and al offences eschued To this ende S. Paule had taught the Corinthes that in these publique holy exercises it is most séemely that men prophery pray bare headed Contrarywise wemen not without their heades couered Many obserued this comelynesse in prayer and propheciynge as Paule had taught them Others contentiousely did withstande and gainesay the same as an order that Paule hadde deuised and brought in of his owne deuise besides Goddes woorde as you also ymagine that Paule made this order besides the Gospell of his own authoritie wherwith to bynde the Corinthes To answere both the contentious Philosophers than amongest the Corinthes and the superstitious Papistes nowe in lyke forte molestinge the Christians S. Paule proueth that this comlynes is grounded vppon Gods ordinance and not a Lawe newly deuised of his owne authoritie besides the Ghospell This is his proufe the man by Gods ordinaūce hath the superioritie and the woman must be in subiection God hath appointed for them bothe signes and tokens of this dominion and subiection He hath ordeined that man in token of superioritie shoulde haue his head vncouered as contrariwyse the woman in token of subiection to haue her head couered Therefore if man laye away that signe and token of dominion whiche God hath ordeined for him to vse and taketh vpon him the signe and badge of subiection he dishonoureth God his head and breaketh his ordinance And so the woman if shee leaue of the couerture of her head whiche God hath geuen to her to be worne as a token and badge of her subiection and taketh vpon her the signe of superioritie she dishonoureth her head and breketh Gods ordinaunce S. Paule addeth an other reason wereby he proueth that this this was no Lawe made by him to the Corinthes Nature saith he hath taught you this comely order If this were a Lawe and Decree of nature it was not S. Paules deuise besides Gods word S. Ambrose vpon this place saith that S. Paule spake these woordes according to Gods Lawe whiche forbiddeth saith he the man to weare his heare Chrysostome affirmeth this to be an ordinaunce of nature But saith he whan I speake of nature I meane of God who is the authour of nature So that it is manifest by S. Paules owne proufes in defence of that he had taught and by the witnesse of S. Ambrose and Chrysostome that the man to be bareheaded and the woman couered was not a Lawe order and decree made by S. Paule to the Corinthes as you vntruly fable but Gods ordinaunce made plaine set forth and taught by hym that all thinges might be done in the Churche in comely order to Gods glory Of like sorte was the reformation and order whereof you speake about the more woorthy receiuinge the Lordes Supper The Apostle maketh thereaboute no newe Lawe order or decree besides the Ghospel but reproueth the Corinthians for that they did not aboute the receipte thereof obserue the lawe of the Ghospell He blameth them in generall that their Churche assemblies were not to the encrease but rather to the decrease of vertue in them selues He reproueth them that in steade of brotherly loue vnitie and concorde there was Contempte Schisme and Dissention amongest them He rebuketh them for that they made that Supper Pryuate whiche the Lorde him selfe had made and instituted to be Cōmon He reprehendeth them for Drunkennesse and that with the contempte of the poore And he sharpely shaketh them vp for that they abuse the Churche contemninge the right vse thereof Is not this Christes Lawe that the people shoulde encrease in vertue Is not this Christꝭ cōmandement that y e Christians shoulde lyue in brotherly loue vnitie and concorde Is not this Christes Institution that his Supper shoulde be Common and not Pryuate Dooth not Christes lawe condemne Drunkerdes and contempte of the poore And is not this Goddes decree that his house shoulde not be prophaned or abused If these be Gods ordinances as you can not denie them to bee than are they not Paules lawes orders or decrees neyther by writynge or woorde of mouthe otherwise than that Paule was Goddes mouthe and scribe to vtter not his owne lawes besides the Ghospell but Goddes ordinaunces comprehended within his Ghospell So that whether beynge presente he taught them by woorde or being absente by wrytynge he neyther wryite nor spake other then he had receyued of the Lorde He promised say you to dispose other thinges at his comminge It is true but not other wise then he did these aboue mentioned He exhorteth say you the Thessalonians to abide in the traditions whiche they had learned by woorde or by writinge Yee say trueth but he dooth not thereby bynde them to this as to a lawe order or decree made by him besydes the Ghospell but he monisheth them as S. Ambrose expoundeth his meaninge To stande fast continue and perse●ere in the tradition of the Ghospell So that the traditions he speaketh of are not other then the Doctrine of the Ghospell I maruaile not that yee misreporte S. Paule saiynge that he made orders and decrees touchinge prayinge and preachinge vnto the people in tongues vnknowen that all wemen shoulde keepe silence in the church and congregation for it may seeme yee neuer readde the place but tooke it as you hearde it reported If you had readde the place yee mighte haue seene with your owne eyes that S. Paule speaketh no whitte of that matter in the. 13.