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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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coastes vnto a generall Councell in his letters of Sommons to Donus but committed to Agatho Bishoppe of Rome Donus beinge dead he admonisheth him of the contētion betwixt the sea of Rome and Constantinople he exhorteth him to laie aside all strife feruencie and malice and to agrée in the trueth with other addinge this reason For God loueth the trueth and as Chrysostome saithe He that wilbe the chiefest amongst all he must be mynister vnto all by whiche reason made by the Emperour it may séeme that the pride of those twoo seates striuinge for superioritie and supremacie was a great nourishment of the Schisme whiche was chiefly in outwarde shewe onely for doctrine He protesteth that he will shew him selfe indifferent without parcialitie to any parte or faction onely séeking as God hath appointed him to keepe the Faith that he had receiued wholy and without blotte He exhorteth and commaundeth the Bishoppe of Rome not to be an hinderaunce but to further this Councell with sendinge suche as are fitte for suche purpose The Bishoppe of Rome obeyeth the Emperours commaundement And the like letters the Emperour sendeth to George Bishoppe of Constantinople and others The Emperour sat in the councell him selfe as President and moderatour of all that action hauinge on his right hande a greate companie of his Nobles and of his Bishoppes on his lefte hande And whan the holy Ghospelles was broughte foorth and laide before them as the iudges whose sentence they ought to followe as it was also wonte to be doone in the forenamed Councelles The deputies for the Bishoppe of Rome standeth vp and speaketh vnto the Emperour in moste humble wise callinge him moste benigne Lorde affirminge the Apostolike seate of Rome to be subiect vnto him as the seruaunt vnto the Maister and beséechinge him that he will commaunde those that tooke parte with the Bishoppe of Constantinople whiche had in times paste brought in newe kindes of speache and erronious opinions to shewe from whence they receiued their newe deuised Heresies The Emperour commaundeth Macarius Archebishoppe of Antioche and his side to answeare for them selues And after diuerse requestes made by him to the Emperour and graunted by the Emperour vnto him the Emperour commaundeth the Synode to staie for that time In the next session after the selfe same order obserued as in the firste Paulus the Emperours Secretarie beganne to put the Councell in remembraunce of the former daies procéedinge The Emperour commaundeth the Actes of the Chalcedon Councell to bée brought foorth and redde At length whan a manifest place was alledged out of Leo the Pope the Emperour him selfe disputed with Macarius on the vnderstandinge thereof The Secretary hauinge offered the bookes of the fifte Councell the Emperour commaundeth the Notary to reade them The Notary beganne to reade and within a while the Popes Legates risinge vp cried out this Booke of the fifte Synode is falsified and there alledged a reason thereof wherewith the Emperour and the iudges beynge mooued beganne to looke more narrowly to the booke and espyinge at the laste that three quaternions was thruste into the beginninge the Emperour commaunded it shoulde not be redde Note here that the Popes Legates were but the plaintife parties in this Councell and not the Iudges thereof the whiche more plainely followeth eyther parties striuynge vppon a like corrupte place The Emperour commaunded the Synode and the Iudges whiche were Lay men to peruse the Synodicall bookes and to determine the matter whiche they did George the Archebishop of Constantinople most humbly beséecheth the Emperour that he will cause the letters whiche Agatho the Pope and his Synodo sent vnto the Emperour to be redde ones againe the Emperour graunteth his request In the nexte session the order and fourme obserued as in the firste the Emperour commaunded firste of all Pope Agatho his letters to be redde in the whiche letters is manifestly confessed by the Pope him selfe so well the Emperours supreme gouernment in Ecclesiasticall causes as the Popes obedience and subiection vnto him in the same For in the beginninge he declareth what pleasure and comforte he conceyued of this that the Emperour sought so carefully that the sincere Faith of Christe shoulde preuayle in all Churches that he vsed suche mildenes and clemencie therein followynge the example of Christe in admonishynge him and his to geue an accompte of their Faith which they preached that beinge emboldened with these comfortable letters of the Emperour he perfourmed his ready obedience in accomplishinge the Emperours praeceptes effectually That he made inquisicion for satisfiynge of his obedience to the Emperour for apt men to be sente to the councell the whiche thing saith the Pope to the Emperour the studious obedience of our seruice woulde haue perfourmed soner had it not been letted by the great circuite of the Prouince longe distances of place He protesteth that he sendeth his Legates accordinge to y t Emperours commaundement not of any sinister meaninge but for the obedience sake to the Emperour whiche saith he we owe of dutie He maketh a confession of his faith concerning the controuersie adding the testimonies of many auncient fathers And he dooth proteste that he with his Synode of the Westerne Bishoppes beleueth that God reserued the Emperour to this tyme for this purpose That he the Emperour occupiynge the place and zeale of our Lorde Iesu Christe him selfe here in earth shoulde giue iust iudgement or sentence on the behalfe of the Euangelicall and Apostolicall truthe In the next session the Emperour sitteth as Presidēt and Moderatour accompanied with many of his nobles sitting about him On his right hande sate Georgius the Archebishop of Constantinople called newe Rome and those y e were with him on the other side vpon the Emperours lefte hande sate the Legates of the Archebishop Agatho of olde Rome these two as agent parties When they were thus set the Emperours Secretary brought foorth the Ghospelles putteth the Emperour in mynde what was done the session before and desireth his maiestie to cause Macarius his party to bryng out likewise their testimonies as the Legates from Agatho of olde Rome had done for their party The Emperour cōmaundeth Macarius obeith and desireth that his bookes may be redde the Emperour commaundeth they should so be After the shewing of the allegations on bothe sides the Legates of olde Rome desier the Emperour that they may know if the aduersaries agree on the tenour of their two forsayde suggestions The aduersaries beseche the Emperour that they might haue the copies of them the Emperour cōmaundeth that without delay their request should be fulfilled The bookes were brought foorth and sealed with the seales of the Iudges either of the parties This againe proueth that the Popes Legates were none of the Iudges but one of the parties And so in the eight nynth and tenth action the same order of doyng is obserued in like sort as before in suche wise that no one in the Synode
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
the Kinge of the misorder of Thurstan whome the Kinge had made Abbot of Glastonbury by whose iudgement the Abbot was chaunged and tourned to his owne Abbay in Normandy but the Monkes scattered aboute by the Kinges hest After this the kinge bestowed many Bishoprikes on his Chaplaines as London Norwiche Chester Couentry c. And ruled both the Temporalty and the Spirytualty at his owne will saithe Polychronicon He tooke noman fro the Pope in his lande he meaneth that the Kinge woulde suffer no Legate to enter into the lande from the Pope but he came and pleased him he suffered no Councell made in his owne countrey without his owne leaue Also he woulde nothinge suffer in suche a councell but as he woulde assent So that in geuinge or translatinge of Spiritual promocions in geuing his assent to councels and suffring nothing to passe without his cōsent in hearing and determining Ecclesiasticall causes in restreining the Popes libertie without his speciall licence and in ruling the s●iritualtie at his owne wil king William sheweth plaine that he tooke him selfe for the supreame gouernour within this Realme in all maner of causes so well Ecclesiasticall as Temporall In like maner did his sonne William Rufus who made Anselme Bishoppe of Yorke and afterwardes translated him to Cantorbury But within a while strief and contention fell betweene him and Anselme for Anselme might not call his Synodes nor correct the Bisshops but as the king would the king also challenged the inuestiture of Bishoppes This king also forbad the paiyng of any money or tribute to Rome as saith Polychronicon The like inhibitiō made Henry the first and gaue Ecclesiasticall promocions as his auncestours had doone wherefore Anselme fel out with the king and would not consecrate suche Prelates as he beynge a Lay man had made but the Archebishop of Yorke did consecrate them and therefore Anselme fledde the Realme In an other councell at London the Spiritual condescended that the kinges officers should punishe Priestes for whoordome The cause of this decree as it seemeth was that a Cardinall named Ioannes Cremensis that came to redresse the matter after he had enueighed against the vice was him selfe the same nyght taken tardy In the whiche councell also saith Polydore the king prouided many thinges to bee enacted whiche shoulde greatly helpe to leade a Godly and blessed life After this the kinge called an other counsell at Sarisbury Sommoning thither so well the chief of the Clergie as the people and swore them vnto him and vnto William his sonne Whereupon Polydorus taketh occasiō to speake of the order of our Parliament though it haue a French name yet in deede to be a councell of the Clergy and the Laitie whereof the Prince hath a ful ratifiyng or enfringing voyce And not only saith he this king did make Bisshoppes and Abbottes whiche he calleth holy rites Lawes of Religion and Church ceremonies as other likewyse cal it Ecclesiasticall busines but the Princes of euery nation began euery where to claime this right vnto them selues of naming and denouncing of Bisshoppes the whiche to this daie they holde fast with toothe and nayle Also Martinus here noteth Vntill this time and from thence euen till our daies the king of Hungary maketh and inuestureth according to his pleasure Bisshops and other Ecclesiastical persones within his Dominions And here sithen I am entred into the noting of the practises of other countries in this behalfe I might not onely note the doinges about this time of Frederike king of Sicill and Iames the king of Spain his brother in reformation of Religion in their Dominions as appeareth in their Epistles writen by Arnoldus de noua Villa but also make a digression to the state of other partes in Christendom as of the Churches of Grece of Armenia of Moscouia c. that acknowledged not any but onely their Princes to be their supreme gouernours in all thinges next to Christe as especially also to note that most aunciēt part of Christendome southwarde in Aethyopia conteining 62. kingdomes vnder y e ruling of him whom we misname Presbyter Ioannes as who saye he were a Prieste and head Bishoppe ouer those Christian Realmes hauinge suche a power with them as the Popes vsurpation hath challenged here in Europe to be an head or vniuersall Priest and kinge If we may beleue Sabellicus who sayth that he hath bothe often talked with the marchauntes that haue their traffique there and hath also diuerse tymes enquired the matter by an interpretour of the inhabitauntes there borne they all saie that his name is neither Presbyter Ioannes nor Pretto Ianes but saye they his name is Gyā that is mightie and they marueile greatly what the Italians meane to call him by the name of Priesthoode But this they saie that all the suites or requestes euen of their greate Bisshoppes are brought before the kinge him selfe and that all their benefices or Spirituall promotions be obteined at his handes So that there beynge as Sabellicus telleth further an exceadinge great nomber of chiefe Prelates or Metropolitanes and vnder euery one Prelate at the least twenty Bishoppes all their sutes and causes Ecclesiasticall beyng brought vnto him and he the maker of all these Prelates Bishoppes and other Ecclesiasticall persones he is called ouer them all Clergie or Laye in all causes Ecclesiasticall or temporall Cyā the mightie that is the supreme Ruler and Gouernour and euen so hath continued sithen those partes were first Christened as they saye of Thomas Dydimus the Apostle vntill our time But this by the waye nowe from them to retourne to our owne countrey In England also king Stephan reserued to him self the inuestitures of the Prelates as likewise after him did Henry the seconde that made Thomas Becket Archebisshoppe of Cantorburie who thereat was sworne to the kinge and to his Lawes and to his Sonne In the ninth yeere of his reigne this kinge called a Parliament at Northampton where he entended reformation of many priuileges that the Clergie had and amongest these was one that although one of the Clergie had committed felonie murder or treason yea● might not the kinge put him to death as he did the Laye menne The whiche thinge with many other the kinge thoughte to redresse in the saide Parliament Thomas Becket resisted him but he mighte not praeuayle againste the kinge For well neere all the Bisshoppes of Englande were against him In the 17 ▪ ●ere of his reigne the king made a iourney into Ireland wherewith great trauaile he subdued the Iris he and after with the helpe of the Primate of Ar●●ch he refourmed the manners of the people and dwellers in that countrey and that in three thinges especially ●irst in rulinge and orderinge of the Churche by the Curates and howe they shoulde order their diuine Seruice and minister the Sacrament of matrimonie as it was in Englande and other Christian Regions The seconde was howe
makinge festiuall daies in makinge Sainctes in readinge their legendes in the Churche in hallowyng Temples in woorshippinge Reliques in callinge Councelles in makinge religious Souldiours in refourminge vniuersities in studiynge liberall sciences and knowledge of the tongues in repayringe Libraries and in promotinge the learned After all these thinges beyng Ecclesiasticall matters or causes he concludeth with the dueties of Princes for the lookyng to the reformacion of these matters or any other that néedeth amendement The sixth saithe he and the laste consideracion shalbe of the refourminge of the state of the Laie Christians and chiefly the Princes of whose manners dependeth the behauiour of the people c. Let them see also that they repell all euill customes contrary to the lawe of God and the lawe of man in their subiectes by the counsayle of diuines and other wise men Also let them see that they pull vp by the rootes and destroye more diligently than they haue doone Magicall artes and other superstitions condemned by the lawe of God and all errours and heresies contrary to the Faithe Item that they watche and care earnestly for the exaltinge of the Faithe and the honour of Goddes Seruice and the refourminge of the Churche and that they labour and trauaile diligently for the reformation of all those thinges whiche are mentioned afore or here followyng or any other thinges profitable c. When this booke was thus compiled it was offered vp to the Councell saithe Orthwinus that the moste Christian Emperour Sigismonde had called togeather not so muche for the agreement of the Churche as for hope of a generall reformation of their manners hopinge verely that the Prelates woulde put to their helping hādes but the Romaine crafte beguiling the Germaine simplicitie the newe made Pope featly flouted the well meaning Emperour sayinge that he would thinke on this matter at laysure c. Thus was Sigismonde the Emperour misused whiche otherwise might seeme to haue been borne to haue restored Christianitie to the worlde againe The frustratinge of this reformation was on the other side no lesse gréeuous vnto the Frenche kinge that bothe before the time of the Councell and in the councell while had greatly trauailed in takinge away the Popes exactious and other ecclesiasticall abuses wherewith his realme was wonderfully oppressed as appeareth in the oration that the Frenche kinges Embassadours made in this Councell writen by Nico. de Clemangijs and set foorth in Orthwynus Gratius fardell of notable thinges After this Councell was an other holden at Basill whither came the Princes of Spaine Fraunce Hungary and Germany whiche dooinges of the Princes made Pope Eugenius so to feare that he thought to translate the Councell to Bonomia But the Emperour and other Princes and the Prelates whiche were at Basill not onely not obeyed him but twise or thryse admonished him to come thither This Pope was in this Councell deposed in the. 34. session Of this Councell the Emperour Sigismonde was the chiefe and protectour and in his absence appointed the Duke of Bauaria in his roome He caused the Bohemes to come to this Councell And whan he hearde of those matters in Religion which were generally agreed vppon he allowed them and commaunded them to be obserued After the death of Sigismonde Frederike the Emperour caused the Duke of Sauoy that was made Pope to renounce his Papacy and commaunded by his Decree the Prelates gathered at Basill to dissolue the Councell by a certaine daie This Emperour called a Councell at Mentze to make an ende and vtterly to take away the Schisme of the Church and to deliuer it from more greuous daungers He writeth to the Frenche Kinge thereof declaringe how this Schisme did so oppresse his minde and feruently sollicite him that as well for his loue to Religion as for his office called of God to be the chiefe aduocate of the Churche he did not onely runne with diligence to succour it but stired vp all kinges and Princes that with a pure sinceritie delighted in the name of Christe to runne with him in this so necessary and healthfull a woorke and to this purpose he declareth howe he hath appointed to all his princes and Prelates an assembly at Mentze whereat he entendeth to be personally praesent and therfore desireth the Frenche kinge also to bee there in his owne persone or at the least that he woulde sende his Oratours thither instructed distinctly with all waies and meanes by the whiche the Churche might be quiet from the calamities ready to fall on her Pope Eugenius sent to the Frenche king to desire him to take away his pragmaticall Lawe To whom the king answered that he would haue it kept inuiolatly Then the Pope desired the king neither to admitte Basill councel nor yet the councell at Mentze that was called to the whiche the king answered that he would take aduise Pius the seconde sent his Legate the Cardinal of Cusa into the cōtreis of Sigismond Duke of Austria which Legate when he would haue ordeined certaine Ecclesiasticall constitutions according to the Popes Lawe Sigismonde the Duke woulde not suffer that suche a custome should come into Germany Aeneas Syluius who after he was made Pope was called Pius the seconde was of this minde before he was Pope that secular Princes might call councels yea maugre the Popes head and therefore commendeth that deuise of Charles the Frenche king whiche saith he is both a saulf and a short way to still this mischiefe He meaneth to take awaye the Schisme and to restore vnitie to the Churche Of the same minde also was his Cardinall de Cusa as appeareth in his booke De Concordia Catholica saiynge By that which is aforesaide it is gathered that the holy Emperours alwayes made the Synodall congregations of vniuersall councels of the whole Churche and euen so I my selfe hauinge sought throughly the Actes of all the vniuersal councelles euen till the eight councell inclusiue celebrated in the time of Basil I haue founde it to be true and so also in the same eight Synode in the fifte Acte thereof we reade that the moste reuerende priest Elias and Syncellus of the throne of Hierusalem in the hearinge of all spake thus Knowe you that in the times past they were the Emperours whiche gathered together Synodes from out of the whole worlde and they collected their deputies to the disposing of suche manner causes VVhose steppes therefore our Emperour folowing beinge also a worshipper of God hath made this vniuersal Synode Thus saide he there and I haue also redde in the litle glosse of Anastasius the library keper of the Apostolical sea who trāslated the same Synode out of Greke vpon the same saying that Thēperours were wont togather vniuersal Synodes from al the world c. Next vnto Frederike was Maximilian Emperour to whome the Princes of Germany put vp certaine greuaunces in Ecclesiastical matters that anoyed the Empire in number 10. Against Bulles Priuileges
owne peuish cauillatiōs This report is false that I shuld affirme y e Queenes Maiesties meaning in that othe to be far otherwise then the expresse wordes are as lye Verbatim This my constant Assertion that hir Highnesse minde meaninge is to take so muche and no more of Spiritual aucthoritie and power vpon hir than Kinge Henry and Kinge Edwarde enioyed and did iustly claime you vntruely feygne to be your obiection And that I shoulde affirme of most certaine and sure knowledge hir Maiesties minde or the very right sence of the Othe to be otherwise than it is plainely set foorth is a malicious sclaunder whereof I will fetche no better proofe then the testimonie of your owne mouthe Ye confesse that the interpretation folowinge was penned and written by me to declare the very righte sence and meaninge of the othe wherein ye haue acquited me and condemned your selfe of a manifest vntruthe For the right sence and meaning declared in the interpretation that I made and you haue set foorth doth plainely shewe the cleane contrary if you marke it well to all that you haue here set foorth in my name vnder the title of my resolucions to your scruples Furthermore in the Preface to your forenamed pointes ye haue declared by woorde and wrytinge that I did require you presently to sweare by othe to acknowledge her highnes to be the onely supreame gouernour in all Spirituall or Ecclesiasticall thinges or causes If this be true that you haue said it is manifest by your owne confession that I declared her Maiesties meaninge in that Othe to be none otherwise than the expresse wordes are as they lye verbatim For when I showe her meaninge to be that ye should acknowledge in her highnes the only supreamacie I doo declare plainely that she meaneth to exclude all other men from hauinge any supreamacie for this exclusiue only can not haue any other sense or meaning And whan I adde this supreamacie to be in all spirituall causes or thinges I shewe an vniuersall comprehension to be meant without exception For if ye excepte or take away any thing it is not all And you your selfe tooke my m●aning to be thus For ye chalenge me in your seconde chiefe point and call for profe hereof at my hand whiche ye woulde not doo if it were not mine assertion meaning For why should I be driuē to proue that which I affirme not or meant not Besides these in your whole trauaile folowing ye labour to improue this as you say mine assercion to wit that all Spirituall iurisdiction dependeth vpon the positiue Lawe of Princes If this bee mine assercion as ye affirme it is and therefore bende all your force to improoue it ye witnes with me against your selfe that I declared her Maiesties meaning was to take neither more nor lesse authoritie and iurrsdiction vnto her selfe than kynge Henry and kinge Edwarde had for they had no more than all And if her Maiestie take any lesse she hath not al. Touchinge therefore these false feined and sclaunderous resolucions as they are by you moste vntruly forged euen so whether this bee likely that in a yeres space welnigh I would not in all our daily conference make one reason or argument out of the Scriptures or other authoritie in the maintenaunce of mine assercion and to resolue you in the same I referre to the iudgement of all the Papistes in the Realme that knowe both me and you Againe though ye doo denie that I so did therefore do report none there bee many both worshipfull and of good credit yea and some of your owne déer friendes also that are witnesses of our talke can tell what reasons I haue made vnto you bothe out of the Scriptures and other authorities and proofes out of the Churche histories suche as ye coulde not auoide but were forced to yelde vnto And whether I should so doo or not I might referre me vnto the testimonie of your owne mouthe both than and sithen spoken to diuerse that can witnesse y e same that ye affirmed this although vntruly that you neuer found any that so muche ouerpressed you as I did whiche your saiyng although most vntrue yet it showeth that somewhat I said to confirme mine assertion and to confute yours M. Fekenham Hereunto I did make this obiectiō folovving These vvorde of the first part of the othe I. A. B. doo vtterly testifie and declare in my cōscience that the Q. highnes is the only supreme gouernour of this Realme as vvel in al Spiritual or Ecclesiastical thinges or causes as Temporal ▪ Besides the particulers expressed in your L. interpretation made thereof they doo by expresse vvordes of the acte geue vnto the Queenes highnes all maner of iurisdictiōs priuileges and preheminēces in any vvise touching and concerning any concerning any Spiritual or Ecclesiasticali iurisdiction vvithin the Realme vvith an expresse debarre and flat denial made of al Spiritual iurisdictiō vnto the Bishops thereof to be exercised ouer their flockes and cures vvithout her highnes Speciall commission to be graunted thervnto They hauing by the expresse vvorde of God cōmission of Spiritual gouernment ouer them commission to lose and bind their sinnes Commission to shut and opon the gates of heauē to them Commission to geue vnto them the holy ghost by the impositiō of their hādes And thei hauing by the expresse vvord of God such a daungerous cure and charge ouer their soules that God hath threatned to require the bloud of suche as shall perishe at their handes Notvvithstanding these and many such other like commissions graunted vnto them for the more better discharge of their cures and that by the mouth of God they may not exercise any iurisdiction ouer them they may not visit them they may not reforme them they may not order nor correct them vvithout a further cōmission from the Q. highnes Surely my good L. these thinges are so straunge vnto me and so contrary to all that I haue rede that I am not hable to satisfie my conscience therein Youre L. aunsvver vvas that for as muche as all Spirituall iurisdiction and authoritie to make Lavves and to iudge the people in courtes Ecclesiasticall to visit them to reforme them to order and correct them doth depende onely vppon the positiue Lavves of Kinges and Princes and not vpon the Lavve of God Therfore neither did the Apostles of Christe neither the Bishoppes and their successours may exercise any iurisdiction vpon the people of God iudge thē visite them refourme order and correct them vvithout authority and commission of the King and Prince The B. of Wynchester It is very true that after yée had quarelled muche in sondry thinges touchyng woordes and termes expressed in the Act of Parliament and in the interpretation of the Othe Yée did neuerthelesse finally agrée in the whole matter thereof finding onely doubt in one pointe of mine assertion namely touchyng iurisdiction Spirituall or Ecclesiasticall all whiche you affirmedcon trary
Magistrates were as yet vnfaithfull and proueth that the Iurisdiction of the Churche was geuen of Christe to remaine till his seconde comminge and belongeth onely to the Churche and not to the Prince Bishoppe or Priest without speciall commission from the Church The which Ecclesiasticall Iurisdiction I comprehended vnder the firste kinde of Cohibytiue Iurisdiction You doo M. Caluin not double but quadruple yée muche more wronge about the citinge of his sentence for as yée haue vntruely reported the circumstaunce of his sentence so haue you hackte from the beginninge thereof one materiall woorde parte of it you haue obscurely translated the other parte falsely and by altering his woordes and sense yée haue belied him slaundered the auncient Bishops and haue auouched M. Caluin if those were his woordes and meaning which you in your translation father vppon him directly against your selfe which you meant not for yée thought as I suppose you had so cunningly handeled him y t he should haue serued your turne If this your euil dealing with M. Caluin procéeded of ignoraunce for y ● his Latine was to fine for your grosse vnderstanding yée are somewhat to be borne withall but if you haue thus dealt of purpose than your malice is ouer great and yée shewe your selfe shameles to deale so vnhonestly that in the sight of all men After y t M. Caluin hath proued that our sauiour Christ gaue the discipline of excōmunication vnto the Church to be exercised continually by y e same to y e censure wherof al estates ought to submitte them selues for if he be an Emperour he is within or vnder not aboue the Church He concludeth with this sentence Quare illi qui vt Magistratū ornent c. VVherefore they whiche to adorne the Magistrate doo spoyle the Church of this power to exercise y e discipline of excōmunicatiō doo not onely corrupt Christes sentence with a false interpretation but doo also not lightly condemne all the holy Bishoppes whiche were so many from the Apostles time for so muche as they all the holy Bishoppes haue vsurped to them selues the honour and office of the ciuill Magistrate vnder a false pretense or coullour The first woorde of the sentence which knitteth the same as a conclusion to that that goeth before yée haue left out How darkely yée haue translated the first parte of the periode may appeare by conferēce of your translation with the Authours woordes The last part ye haue falsely translated tourninge the Coniunction into a Pronoume relatiue and translatinge this woorde Magistratus whereby Caluine meaneth the ciuill Magistrate by these woordes spirituall gouernement and so haue cleane altered bothe the woordes and sence of M. Caluine and yet shame not to belie him saying Iohn Caluin saithe whiche he saith not But it is M. Feckenham that saith and so belieth Caluin and slaundereth the auncient Bishoppes as though they for to them this they hath relacion had taken vpon them the office of the Magistrate as they had done in déede if all manner correction iudgement had belonged to the Magistrate and none at al to the Churche by whose commission they exercised this iurisdiction Yf this were M. Caluines saying as ye translate him that they all the holy Bishoppes from the Apostles time haue vsurped and taken vpon them the honour office of Spirituall gouernement by a false pretext and title made thereof than haue you alledged M. Caluin against your selfe for this sentēce if it were true ouerthroweth your purpose nothing more And againe Iohn Caluin writing vppon Amos the Prophet is by you alledged to as little purpose For be it that they whiche attributed to King Henry of famous memory so muche authority whiche greeued Caluin were men not well aduised in so dooinge and that they were blasphemours that called him the supreme head of the Churche yée know who they were that first gaue to him that title and authoritie yet your conclusion followeth not hereof Therfore Bishops and Priestes haue authoritie to make Lawes orders and decrees c. to their flockes and cures no more than of his former saiyng Christ gaue to his Churche this authoritie to excommunicate to binde and to lowse Therfore Bishops Priests may make Lawes orders and decrees to their flockes and cures M. Fekenham Hosius Episcopus Cordubensis qui Synodo Nicence primae interfuit Sic habet sicut testatur D. Athanasius aduersus Constantium Imp. Si istud est iudicium Episcoporum quid commune cum eo habet Imperator Sin contra ista minis Caesaris conflantur quid opus est hominibus titulo Episcopis Quando à condito aeuo auditum quando iudicium Ecclesiae authoritatem suam ab Imperatore accepit aut quando vnquā pro iudicio agnitum Plurimae ante hac Synodi fuerunt multa iudicia Ecclesiae habita sunt Sed neque patres istiusmod●res principi persuadere conati sunt nec princeps se in rebus Ecclesiasticis curiosum praebuitnune autem nouum quoddam spectaculum ab Ariana heresi editur cōuenerunt enim Haeretici Constantius Imperator vt ille quidem sub praetextu Episcoporum sua potestate aduersos cos quos vult vtatur The B. of Wynchester As it is very true that Hosius Bishoppe of Corduba in Spaine was in the first councell of Nice so is it as vntrue that these be his woordes which you haue cited in his name for they be the saiynges of Athanasius and not of Hosius Wherein ye haue done Athanasius thréefolde wronge first to attribute his writinges to an other then also to cause him therein to beare false witnesse against him self and thirdly in that ye haue left out the first woorde of his sentence whiche is a materiall woorde and bringeth in this his saiyng as a reason of that whiche goeth before Athanasius ●●ndeth him selfe gréeued that both he and many other Godly Bishops for the truthe it selfe suffered much crueltie and were wrongfully condemned not according to the order of the Ecclesiasticall iudgement but by the cruell threathes of the Emperour Constantius beinge an Arian and a fierce mainteinour of the Arianisme Who notwithstanding subtilly couered his vngodly dealinge vnder the pretence of a iudgement or sentence past by Bishops in Synode or conuocation whiche he called Episcopale iudicium a Bisshoply iudgement But saith Athanasius Constantius can not so hide him selfe seeing that there is at hand that can plainly bewray his wilines for if this be the iudgement of Bisshoppes what hath the Emperour to doo therewith But if on the contrary side these things be brought to passe through Caesars threates what neadeth men that haue but the name of Bisshoppes c. There are two thinges necessarily to be considered for to vnderstande rightly the true meaning of Athanasius in this place by you alledged first what was required to that whiche he calleth the iudgement belonging to Bishoppes or the Bishoply iudgement Than what was the dooinges of Constantius pretending a iudgement