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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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Churche commaunded that no Legate of the Churche of Rome shoulde be suffred to entre into Germany with out he were called or hyred of the Emperour nor woulde suffer that any man vnder the maner of appellation shoulde goo vnto the Courte of Rome After the death of Adrian the fowrth the Cardinals fel out amongest them selues for the Election of a newe Pope some stryuinge to haue Rowlande other some cōtendinge to haue Octauian a man saith Vrspurg in all pointes honest and Religious Herevpon sprange an horrible Schisme and greate discorde Rowlande sent his Legates to the Emperour Fredericus 1. and desired him that he woulde take vp and ende this contention by his authoritie The Emperour commaundeth them both to come vnto him at Ticinum where foorthwith he sommoned a coūcell to be holden about this matter mindinge to examine bothe their causes and by searchinge to trye whose cause was the more honest Rowlande beynge afraide to haue the matter come to this tryall getteth him to William of Sicilia the Emperours mortall enemie and within twelue daies putteth on his Cope and nameth him selfe Alexander for he purposed béelyke to make a conquest of the matter He alleaged his ellection to be good out of al doubte and that he sente for the Emperours ayde and not for his arbytrement and therefore thought not good to bringe his case into doubtfull question The Emperour beynge offended with him for that he woulde not obey his appoinctement sente twoo Bishops to cite him to come vnto the Councell by the name of Cardinall and not Pope But Rowlande refused confutinge their Citacion with this Maxime or Principle Romanum Pontificem a nemine iudicari debere the Pope ought not to be iudged of any man But whē these Legates from the Emperour came to Octauiā he straight ways obeied theybrought him to Papia Vrspur saith that Rowlande was oftentimes monished to come and did contemne all those monitions The Emperour satte in the Councell as Radeuicus Frisingensis who wrote his actes witnesseth and made an oration vnto the Bishoppes wherein he declareth and that by the example of his auncestours Constantinus Theodosius Iustinianus and of later time of Carolus Magnus and other that the power and authoritie to call Councelles where the Churche is troubled with any schismes or other perillous distourbance belongth to the Emperour Notwithstandinge he committed the difininge of the controuersie to their wisedome and gaue them thereunto authoritie The councell debateth the cause consulteth with men learned in the lawe and so concludeth that Octauians election was good and adiudgeth him to be the right Bishop of Rome When they had thus tryed out the matter ●redericus the Emperour saith Platina Confirmat Octauianum Pontificem Confirmed Octauian Pope The Emperour within a while after sente Octauianus new confirmed Pope towardes Rome who dyed in the iourney After whose death the Emperour called an other councel at Wirtzberge as Auentinus writeth wherein were a greate number of Archebishoppes and other Bishoppes and also may of the nobles and states of the Empyre In this Councell a statute or Decree was made by common consente That from hencefoorth none shoulde be Pope onelesse he were created by the consent of the Emperour accordinge as the custome had bene of longe and auncient time This worthy Emperour whom the Chroniclers call Christianissimum moste Christian for his zeale towardes Goddes Churche endeuored not without great perill to him selfe and his estate to reteine the iurisdiction due to the Princes and thereby to refourme the horrible disorders that were growen so highe that they ouerwhelmed the Churche as in lyke sorte diuers other Emperours and Kinges bothe before and after had attempted but in vayne for the wealthy pride the fierce power and trayterous treachery of the Pope and his Prelates was so mighty violent and subtile that there was no earthly power able to withstande or matche with them And therfore Erasmus compteth the Popes of this time and those that folowed to be the Vicars and successours of Iulius Caesar of Alexander the the great of Croesus the ryche and of ●erxes the mighty rather then of Christe the onely Emperour gouernour of the Churche Bernarde calleth Eugenius 3. in his great pompe and pride rather the successour of Constantinus the highe Emperour then of Peter the humble Apostle And Abbas Vrspurg who lyued at this time when the Popes had spoyled the Emperour and other Princes welnighe of all iurisdiction rulinge all by theyr owne Decretalles nowe aboute this time set foorth as they listed maketh a lamentable complainte of the horrible pryde and couetousnesse of the whole clergie and concludeth with these woordes Gaude mater nostra Roma c. Reioyce O our mother Rome bycause the scluses of the hidden treasures in the earthe are opened that riuers and heapes of money maye flowe vnto thee in great abundance Be glad of the iniquitie of the sonnes of men bicause money is geuen to thee for the recompence of so great euilles Be mery and iocund for discordes sake which is thy helper bicause she is rushte out of the infernal pit that plētiful rewardes of money might be heaped vpō the thou hast that which thou hast alwaies thyrsted after synge pleasant balades for through mennes malitiousnesse not by thy Godlinesse thou hastouercome the worlde About this time the kinge of Cicilia and Apulia had a dispensation from the Pope for money to Inuesture Archebishoppes or Bishoppes with staffe or crosier rynge palle myter sandalles ●r slippers and that the Pope mighte sende into his dominions no Legate onlesse the kinge shoulde sende for him Our Englishe Chroniclers make report that the Kynges of this Realme hadde not altogeather leafte of their dealinge in Churche matters but continued in parte their Iurisdiction aboute Ecclesiastical causes although not without some trouble The Popes Legate came into Englande and made a councell by the assent of kinge William the Conquerour And after that in an other Councell at Winchester * were put downe many Bisshops Abbottes and Priours by the meanes and procurement of the Kinge The kinge gaue to Lanfranke the Archbisshoprike of Cantorb and on our Lady day the Assumption made him Archebishop On whit Sonday he gaue the Archbishoprike of Yorke vnto Thomas a Canon of Bayon When Thomas should haue béene consecrated of Lanfranke there fell a strife betwixt them about the liberties of the church of Yorke The controuersie beinge about Churche matters was brought and referred to the Kinges iudgement and Thomas by the Kinges commaundement was faine to come againe to Lanfranke to be sacred And afterwarde when there grew greater contention betwixt these twaine about Churche matters the Bishop of Rome remitted the matter to be determined before the Kinge and the Bisshoppes of Englande and so at Windesour before kinge VVilliam and the Cleargy the cause was treated Also an other cause was mooued before
power and authoritie to the Prince to execute the Iurisdiction now vnited and annexed to the Crowne by méete delegates to be assigned named authorised by cōmission or letters patentes vnder the great Seale of Englande If yée will hereof inferre that bicause the Princes haue by vertue of the acte full power and authoritie to name assigne and authorise any person whome they shal thinke méete to exercise vse occupy and exequute vnder them all manner of iurisdictions priuileges and preheminences in any wise touchinge or concerning any Spirituall or Ecclesiastical iurisdiction with in their dominions or countreies Therefore all manner iurisdiction is in the Prince to be exercised vsed occupied and exequuted by them for otherwise you will say the Princes cannot geue and committe to others that which they haue not receiued and is not in them selues Your argument is easily answeared in fewe woordes it is a foule Sophistication a secundum quid ad simpliciter These woordes of the Acte all manner in any wise are restrained and bounded within the limites of the gifte where you of purpose to beguile the simple with all doo let them runne at lardge and sette them foorth as méere and simple vniuersalles without any limites at all The Act geueth or restoreth to the Prince iurisdictions priuileges superiorities and preheminencies spirituall Ecclesiasticall but it addeth this Limitacion suche as by any Spirituall or Ecclesiastical power or authoritie hath heretofore béene or may lawfully be exercised or vsed And for that these woordes as by any Spirituall or Ecclesiasticall power or authoritie hath heretofore been or may lawfully bee exercised and vsed may bee maliciously stretched by a wranglinge Papist and might seeme to some that haue good meaning also to geue ouer large a scope the matter or obiect wherein or where about these Spirituall or Ecclesiasticall iurisdictions priuileges superiorities and preheminences are exercised vsed and doo consiste is limited and added in these expresse woordes for the visitation of the Ecclesiasticall state and persones and for reformation order and correction of the same and of all manner errours heresies Schismes abuses offences contemptes and enormities whiche woordes of limitation in y e gifte as they geue not to the Prince the exercise of that iurisdiction that consisteth and woorketh in the inwarde and secrete Courte of conscience by the preaching of the woorde and mynstration of the Sacramentes whiche belongeth onely and alone to the Bishoppes neither doo they authorise the Prince to vse that iurisdiction that belongeth properly to the whole Church euen so doo they geue rightly vnto the Prince to exercise all maner iurisdictions priuileges superiorities and preheminences in any wyse touching and concerninge any Spiritual or Ecclesiasticall iurisdiction conteined vnder the seconde kinde of Cohibitiue iurisdiction for that may the Prince lawfully exercise and vse and doth not belong vnto the Bishops otherwise than by commission and authoritie of Positiue lawes This limitation of iurisdiction set forth by expresse wordes in y e Act you know right wel ye were also at sundry times put in minde thereof and you were wel assured that your alleaging y e wordes of the Act so darkely confusedly and vntruely could not further your cause amongest the wise and yet woulde you néedes publishe them in this sorte to the people whereby at the least to make both Prince and the Lawe odious vnto the simple subiectes The Bishoppes haue by the expresse woorde of God commission of Spiritual gouernmēt ouer their flock that is to féede the flock of Christ committed to their charge with Gods holy woorde as I haue declared before Thei haue commission to absolue the faithfully penitent and to reteine or binde the impenitent that is to declare and assure both the one the other by the worde of the Gospel of Gods iudgement towardes them What wil ye inferre hereof will ye cōclude therfore they haue all maner of spirituall gouernement or iurisdiction ouer them Yonge Logicians knowe this is an euell consequent that concludeth vpon one or diuerse particulers affirmatiuely an vniuersall Thus ye argue Bishoppes by the expresse worde of God haue commission to preache to their cures to remitte or reteine synnes Ergo they haue commission by the expresse woorde of God to Sommon councels or Synodes generall or prouinciall to visite that is iudicially sitting in iudgement to enquire of mens manners and forinsically to punishe or correct and to decide the controuersies amongest the people touching contractes of matrimony whoordome tyethes sclaunders c. and to ordeine decrees Lawes ceremonies rites c. If this conclusion followe consequently vpon your antecedēt than doth it ouerthrowe the doctrine of your Romishe diuinitie whiche graunteth not to the Bishoppes immediatly from God this power without a speciall commission from the Pope in whome onely as the Papistes saye is fulnes of iurisdictiō and power But if this conclusion followe not consequently vpon the antecedent as a man more than halfe blynde may plainely see it doth not than haue ye concluded nothing at all by Christes diuinitie that may further the matter yee haue taken in hande to proue You falsely reporte the Scriptures in this that you say the Bishops haue commission by the expresse woorde of God to geue vnto their flockes cures the holy ghost by the imposicion of their handes For the place which yée quote for that purpose expresseth no suche commission neither any other place of the holy Scriptures The Bishoppes haue so daungerous a cure and chardge ouer the soules committed vnto them that God will require the bloud of those that perishe thorough their negligence at their handes and therfore hath geuen them sufficient commission for the dischardge of their cures It were therefore an horrible absurditie if they might not exercise any Iurisdiction ouer thē if they might not visit refourme order and correct them by that commission without a further commissi●n from the Q. highnes But doo yée not perceiue which the most simple may sée whereof also yée often were admonished by me your warblinge slaight and Sophisticall quarellinge in equiuocation of woordes termes As there are twoo sortes of Iurisdiction whereof the one not Cohibityue properly belongeth to the Bishoppe whiche he may and ought to exercise ouer his flocke without any other commission than of Christ so to visit refourme order and correct are of twoo sortes the one a Scripturely visitacion reformation and correction by the onely woorde of God which the Bishoppes may and ought to exercise in time and out of time with all possible watchefulnes and diligence without any further commission The other kinde of visitacion reformation correction is Forinsecall or courtly whiche I comprehende vnder the seconde kinde of Cohibitiue Iurisdiction and this the Bishoppe may not exercise without a further commission from the Prince Wherefore it is ouer foule an absurditie in you to inferre that the Bishoppes may not exercise any Iurisdiction visitacion reformacion or correction bicause they may