benefices thorough the whole worlde and more thei did choose the Pope as it is in C. Adrianus dist 63. And y e same Petrus in an other place saith thus Marke after what sorte and how many waies these Clergy mē doo snare the Lay and enlarge their owne iurisdiction but alas miserable Emperours and secular princes whiche doo suffer this and other thinges you both make your selues sclaues to the Bisshops and yee see the worlde vsurped by them infinite waies and yet yee study not for remedy bicause yee geue no heede to wisedome and knowledge As Petrus Ferrariensis attributeth both the swoordes that is both spirituall temporall iurisdiction to y e Emperour So 10. Quintinus Heduus a famous professour of the law in Paris one that attributeth so much to the Pope as may be muche more than ought to be saith y t In solo Principe omnis est potestas in the Prince alone is al power and thereto auoucheth this saying of Speculator De iurisdict omniū iudicū Quod quicquid est in regno id esse intelligitur de iurisdictione Regis that whatsoeuer is in a kingdome that is vnderstāded to be vnder the iurisdictiō of the kinge To which purpose he citeth an auncient learned one in y e Law whose name was Lotharius who saith he did say That the Prince is the foūtaine or welspring of al iurisdictiō protesteth also him selfe to be of y e same minde writing of the kinges power in Eccl. matters or causes he citeth this Canon Quādo vult Deus foorth of the decrées wherupon he as it were cōmenteth saying This is the reason wherfore it is leafull for the Prince some whiles to determine those thinges whiche concerne the Church least the honesty of the mother he meaneth y e Churche should in any thing be violated or least her trāquillity should be troubled specially of thē to whom she is cōmitted meaning y ◠Church Mynisters If there be any other thing this chiefly is an Ecclesiasticall matter namely to call or cōuocate Coūcelles saith Quintinus But this is the opinion saith he of many learned men that the Emperour may cōuocate a general Coūcel so often and for any cause whan the Pope and the Cardinalles be noted of any suspiciō and doo for slowe and ceasse either for lacke of skill or peraduenture of some euill meaning or of both or els whā there is any Schisme Cōstantinus saith he called the first Nicene coūcell the other three generall Councelles Gratianus Theodosius and Martianus the Emperours called by their edict Iustinianus called the fifte generall councell at Constantinople the Emperour Constantine 4. did conuocate the sixte generall Councell against the Monothelytes The authoritie of the kinge Theoderike cōmaunded the Bisshops and Priestes forth of diuers prouinces to assemble together at Rome for the purgation of Pope Symachus the firste Carolus Magnus as it is in our Histories cōmaunded fiue Councels to be celebrated for the Ecclesiasticall state to wit Moguntinum Remense Cabilonense Arelatense and Turonense The Pope calleth the Bisshoppes to Rome or to some other place the Kinge dooth forbidde them to go or he commaundeth them to come to his Courte or Councell the Bisshoppes must obey the kinges precept not onely in this case but in any other matter what so euer besides sinne for he that dooth not obserue his bounden fidèlitie to the kinge whether he be a Bisshoppe Priest or Deacon is to be throwne foorth of his degree or place For the proufe whereof he citeth many Canons out of the decrées and concludeth thus to be briefe this is mine opinion whan the kinge calleth together the Prelates to a Councell and to reforme the state of the Churche they are bounde to obey yea although the Pope forbidde it The people doth amende or reforme the negligence of the pastour Can. vlt. dist 65. Ergo the Prince also may doo the same If the Bisshop will not or doo forslowe to heare and to decide the controuersies of his Cleargy the Bisshoppe beynge slowe or caryinge ouer longe nothinge dooth hinder or stay saith the Canon to aske Episcopale iudicium the Bisshoply iudgement of the Emperour If it happen that the Priestes be not diligent about the Aultar offices if contēning the tēple neglecting the Sacrifices they hasten into kinges palayces runne to wrastlinge places doo prophane them selues in brothelles houses and if they cōuert that which the faithfull haue offred to Christ to the pleasures of them selues and of theirs wherefore shall not the princes whome the Catholique Faith hath begottē and taught in the bosome of the church call againe and take vpon themselues the care of this matter and so he prooueth at lardge by many examples out of the Histories and the Lawes that this care and chardge in Ecclesiastical matters and causes belongeth to the Princes vnto the whiche examples he addeth this In our Fathers time saith he Kinge Lewes 11. made a constitution that Archebishoppes Bishoppes Abbottes and who so euer had dignities in the Church or had the cure of other benefices should within fiue monethes resorte to their Churches and shoulde not remooue any more from thense diligently there labouringe in diuine matters and sacrifices for the saulfty of the kinge and his kingdome and that vnder a great paine of losinge all their goodes and landes Here Quintinus dooth greuously complaine of the dissolute and moste corrupt manners of the Cleargie whereto he addeth sayinge vvherefore than should not Princes compell this lewde idle kinde of men to doo their dueties If you delight in antiquities saith he no man dothe doubt but that in the primatiue Churche the Princes did iudge bothe of the Ecclesiasticall personnes and causes and did oftentimes make good Lawes for the trueth against falsehood Arcadius and Honorius religious Princes doo depose a troublesome Bishop both frō his Bishoprike sea and name The. 13. first titles of the firste booke of Iustinians Code collected out of the Constitutions of diuers Emperours doo plainly intreate and iudge of those thinges whiche appertaine to the Bishoply cure For what pertaineth more to the office of a Bisshop than Faith then Baptisme then the high Trinity than the conuersation of Monkes the ordeining of Clergy men and Bishoppes and than many like lawes whiche doubtles doo concerne our Religion and Church But the Nouel Constitutions of the Emperour Iustinian are full of suche Lawes And least peraduenture some man might suspect that this was tiranny or the oppression of the Churche Iohn the Pope dothe salute this Imperour the most clement Sonne learned in the Ecclesiasticall disciplines and the most Christian amongst Princes Epist inter claras De sūm a Trin. C. Childebertus the Kinge of Fraunce did exact of Pelagius 2. the confession of his faith and Religion the whiche the Pope bothe speedely and willingly did perfourme C. Sat agendum 25. q. 1. VVhan I was in Calabria saith Quintinus by chaunce I founde a fragment of a certaine
booke in Lombardy letters hauinge this inscription Capitula Caroli Then followeth an Epistle beginning thus I Charles by the grace of God and of his mercy the Kinge and gouernour of the kingdome of Fraunce a deuout defendour of Goddes holy Churche and an humble healper thereof To al the orders of the Ecclesiastical power or the dignities of the secular power greetinge And so reciteth al those Ecclesiasticall Lawes and constitucions whiche I haue writen before in Charles the great To all whiche saith Quintinus as it were in manner of a conclusion are these woordes put to I will compell all men to liue according to the Canons and rules of the Fathers Lewes the Emperour this Charles Sonne kept a Synode wherein he forbadde all Churchemen sumptuousnes or excesse in apparaile vanities of iewelles and ouermuche pompe Anno Christi 830. He also set forth a booke touchinge the manner and order of liuinge for the Churchemen I doubt not saithe Quintinus but the Churche shoulde vse and shoulde be bounde to suche lawes meaninge as Princes make in Ecclesiasticall matters Pope Leo. 3. saith he beinge accused by Campulus and Paschalis did purge himselfe before Charles the great beinge at Rome and as yet not Emperour Can. Auditū 2. q. 4. Leo. 4. offereth him selfe to be refourmed or amended if he haue done any thinge amisse by the iudgement of Lewes the Frenche kinge beinge Emperour Can. Nos si incompetenter 2. q. 7. Menna whome Gregory the great calleth moste reuerende brother and fellow Bishop beinge nowe already purged before Gregory is commaunded a freshe to purge him selfe of the crime obiected before Bruchinild the Queene of Fraunce Ca. Menna 2. q. 4. In whiche quaestion also it is redde that Pope Sixtus 3. did purge him selfe before the Emperour Valentinian Can. Mandastis So also Iohn 22. Bishop of Rome was compelled by meanes of the Diuines of Paris to recante before the Frenche Kinge Philippe not without triumphe the whiche 10. Gerson telleth in a Sermon De Pasc The Popes Heresie was that he thought the Christian Soules not to be receiued into glory before the resurrection of the Bodies Cresconius a noble man in Sicilia had authoritie or power geuen him of Pelagius the Pope ouer the Bishoppes in that Prouince oppressinge the Cleargie with vexations Can. Illud 10. q. 3. The whiche Canon of the law the Glossar doth interprete to be writen to a secular Prince in Ca. Clericum Nullus 11. q. 1. The Abbottes Bishops and the Popes themselues in some time paste were chosen by the Kinges prouision Ca. Adrianus 63. dist And in the same Canon Hinc est etiam 16. q. 1. Gregorius wrote vnto the Dukes Rodolph and Bertulph that they shoulde in no wise receiue priestes defiled with whoredome or Symony but that they should forbidde them frō the holy Mynisteries § Verum 32. dist in whiche place the interpretours doo note that Laymen sometimes may suspende Cleargymen from their office by the Popes commaundement yea also they may excommunicate whiche is woorthy of memory Hetherto Quintinius a learned lawyer and a great mainteinour of the Popes iurisdiction hath declared his opinion and that agreeable to the Popes owne Lawes that Princes may take vppon them to gouerne in Ecclesiasticall matters or causes Besides these Lawyers this was the common opinion of the chiefest writers of the common Lawe of this realme as appeareth by Braughton in these woordes Sunt sub rege c. Vnder the Kinge are both free men and bondemen and they be subiecte to his powre and are all vnder him and he is a certaine thing or creature that is vnder none but onely vnder God And againe in the chapiter the title whereof is this Rex non habe◠parem c. The Kinge hath no peere or equall in his kingdome The kinge saith he in his kingdome hath no equall for so might he lose his precepte or authoritie of commaundinge sithe that an equall hath no rule or commaundement ouer his equall as for the Kinge him selfe ought not to be vnder man but vnder God and vnder the Lawe bicause the Lawe maketh a Kinge Let the Kinge therfore attribute that vnto the Lawe that the Lawe attributeth vnto him to wit dominion and powre For he is not a Kinge in whome will and not the lawe doth rule and that he ought to be vnder the Lawe Cum sit Dei vicarius sithe he is the vicar of God it appeareth euidently by the likenes of Iesu Christe whose vicegerent he is in earth and within a litle after he concludeth thus Igitur non debet maior esse eo in regno suo Therefore there oughte to be none greater then he in his kingedome Thus haue I sufficiently proued that the Emperours and Kinges ought haue and maye claime and take vpon them suche gouernemente in Spiritual and Ecclesiastical causes and matters as the Quéenes Maiestie now doothe In confirmation whereof I haue béene more large than otherwise I woulde but that the proufe hereof doth reprooue and fully answeare the principal matter of your whole booke and therefore I may vse more briefnesse in that whiche followeth I haue made proufe vnto you sufficient to remoue your ignorance both of the matter and the way whereby to knowe confessed by you in your Minor Proposition And this haue I done by the selfe same Meanes that you requyre in your issue I haue made proufe of the Supreame gouernment in Ecclesiastical causes to belonge vnto Kinges and Princes by the expresse commaundement of God where he did firste describe set foorth the duety and office of Kinges I haue made the same more plaine and manifest by the examples of the moste holy gouernours amongest Goddes people as Moses Iosua Dauid Saloman Iosaphat Ezechias Iosias the Kinge of Niniue Darius and Nabugodonosor who exprest this to be the true meaning of Gods commaundement by their practise hereof so highly commended euen by the holy Ghoste whereunto I haue added certaine Prophecies foorth of Dauid Esaie wherby it is manifestly prooued that the holie Ghoste dothe looke for exacte and challenge this seruice and Supreame gouernment in churche causes at Princes handes I haue declared that the Catholique Churche of Christe did accept and repute these histories of the olde Testament to be Figures and Prophecies of the like gouernment and seruice to be required of the Kinges in the time of the Newe Testament I haue confirmed the same by the manifest Scriptures of the Newe Testament Whervnto I haue adioygned the testimonies of aunciente Doctours with certain examples of most godly Emperours who beynge so taught by the moste Catholique Fathers of Christes Churche did rightly Iudge that the vigilant care ouersight and orderynge of churche causes was the chiefest and best parte of their Ministerie and seruice vnto the Lorde I haue shewed plainely by the order of Supreame gouernment in Churche causes practised set foorth and allowed in the greattest and best Councelles bothe Generall and Nationall that
of euery forraine Prince and Prelate state or Potentate This is the proposition of that part of the othe to the whiche adioyne this proposition all true subiectes ought and must beleaue an holy catholique Churche of Christe the communion of Sainctes Espy nowe what opposition is betwixt these two propositioÌ„s y â— they may not both matche together and be verified in one true and faithful subiecte The one say you is directly against the other Then saye I there is a direct opposition repugnancy betwixt them by due examination we shall finde out the oppositioÌ„ Trie the partes of these propositions seuerally without the verbe that coupleth them together and you shall not find any opposition either contrary relatiue priuatiue or disparate ioyne them together with the verbe that coupleth being propositions they are not one against the other contrary subcontrary subalterne nor contradictory and therfore vntruly no lesse vnskilfully babled of you that the one is directly against the other when a yong scholer that hath red but the rudimentes of his Logike could haue séen iudged that there is in them no opposition or repugnancy at all To renounce and forsake Antechrist his Churche by othe or otherwise and to beleue in Christe and rightfully to acknowledge his holy catholique Churche by all maner of wayes staÌ„deth neither directly nor indirectly one against the other but are matched together agreeth iumpe one with the other Surely your eies were not matches neither were your wittes at home whan you spied cut this repugnancy if you had not published this learned piece of worke your friendes should neuer haue knoweÌ„ what an huge heape of conning knowledge is hidden in that litle head of yours The demaunde in your issue is easely proued by the description or definition of Christes true Catholique Churche The catholique Churche of Christe is a multitude societie and communion of Sainctes and faithfull ones that haue been shalbe and are nowe on liue in the earth how and wheresoeuer they be deuided and dispersed in time and place the whiche multitude of Sainctes haue a participation in common amongst them selues of all good thinges geuen graunted and growing from God through Christ of spirite faith Sacramentes prayer remission of sinnes and heauenly blisse and are vnited to Christ their head by faith and fastened togeather amongest them selues as members of one body with the bond of loue To this catholike church euery ChristiaÌ„ man is bounde to bee subiecte and obedient as a member ought and may be subiect and obedient to the body And we doo teache and confesse in this Churche suche an attonemeÌ„t participation and communion among all the members in doctrine faith Religion and SacrameÌ„ts that neither this nor any other Realme may lawfully dissent from this Churche or renounce and refuse to haue communion therewith as God be praised we of this Realme doo nowe shewe our selues by al Christian meanes neuer more at any time to agree and consent in the vnitie of this catholike Churche in necessary doctrine right faith true Religion and the right vse of Christes Sacramentes The foule lies that you heape together wherewith shamefully to defoyle your owne neast and natiue countrey neadeth none other confutation than onely to make them playne to be seen and iudged of all men that the Realme may be sory that euer it nestled so vnnatural and filthy a byrde and your friendes ashamed of so malicious and impudent a Lâ—ar This is a lewde Lie that this Realme dissenteth from the catholike Church in the forenamed pointes This is a shameful Lie that by corporal othe or any other wayes we renounce and refuse to haue communion with the catholike Churche of Christe And this is a monsterous Lye that the catholike Churche is a foraine authoritie and power out of this Realme Who was euer so madde as ones to thinke or so doltishe as to speake any thing against the catholike Churche but specially to forsake it and that bicause it is a foraine power and authoritie The Othe maketh no mention in any one woorde of the Catholique Churche it speaketh of a foraigne Prince Prelate and Potentate and so of the foraigne Power and Authoritie of suche a foraigne state Wherevpon M. Fekenham concludeth as it were by Reuelation in a Monkishe dreame without rime or reason that therfore the catholike Church is forsaken as though there were no difference betwixt a foreine Prince or prelate and the Catholique Churche or that the Catholique Churche might be called a foreine Power or a forine authoritie to a Christian Realme This is suche a newe kinde of Diuinitie as was neuer hearde or redde of in any writer no not in the Legende of Golden Lyes M. Fekenham The fourth and laste pointe is that I must svveare to the obseruation of this Othe not onely to the Queenes highnes and our soueraigne Lady that novv is but also vnto her heyers and successours Kinges and Queenes of this Realme And bicause euery Christian man ought to be carefull to auoide periury therein I vvoulde right gladly knovve that if any her highnes successours shoulde by the refusall of the saide title of supremacy binde her subiectes by the like statute lavve vnto the cleane contrary experience vvhereof vvas of late made here in this Realme that it is yet freshe in the memories of al men In this case I vvoulde right gladly knovve vvhat authoritie is hable to dispence againe vvith this Othe And if there be none at all then the subiectes of this Realme in this case are bounde and that by booke Othe to liue in a continuall disobedience to the Lavves of their soueraigne Lorde or Lady Kinge or Queene the case vvherof is very LameÌ„table And Christian charitie vvoulde that it should be foreseene and prouided for And for mine ovvne paâ—te being further touched herein than I haue yet expressed my very trust and hope is that the charity of this our nevv refourmed church here in this realme shal not be fouÌ„de so colde and short as in prouiding so sharpe lavves â—nd paines of death to force men to take this Othe of the Q. Highnes Supremacie but that it vvil prouide also such meanes and vvaies vvhereby the subiectes may receiue the same vvith salfe conscience and vvithout all perâ—ury And in so doynge I shall moste vvillingly submitte my selfe and receiue also that parte of the Othe And shall further thereupon set foorth the Q. Highnesse Supremacy vvith all Titles and Praerogaâ—iues bothe by penne and vvoorde of mouth and that vvith as desirous harte and glad vvil as any subiect that is this day liuinge in hir highnesse Realme So that of the premises ye may vvell vnderstande that there is in me no other cause of staâ—e touchinge the later parte of this Othe then very Conscience And that I vvoulde before right gladly knovve touching these forenamed pointes hovve I mighte svveare vnto them and not committee periury therein The B. of Wynchester As euery Christian
although you were in y e Tower in his time y t was not for any doubt you made of his Supremacie for that you still agnised but for other pointes of Religion touching the ministracion of the Sacramentes wherunto you also agréed at the last promised to professe preache the same in open auditory whersoeuer you should be appointed Wherupon a right woorshipfull gentleman procured your deliueraunce foorth of the Tower and so were you at liberty neuer mencioninge any doubt in this matter but agnising the Princes Supremacie in causes Ecclesiasticall Wherefore I may saulfly say that the ignoraunce and wante of knowledge whiche you pretende in your Minor Proposicion is not of simplicitie and therfore must néedes be of wilfulnes or malice or mixte of bothe The way and meane wherby to haue this ignoraunce remooued you assigne with this issue that when I prooue vnto you by any of the fower meanes y â— any Emperour or Empresse King or Queene may take vppon them any suche gouernment in Spirituall or Ecclesiasticall causes then you wil yéelde take vpon you the knowledge therof be ready to testifie y e same by booke Othe Truely I haue often and many times prooued this same that you require by the selfe same meanes in such sort vnto you that you had nothinge to say to the contrary And yet neuerthelesse you continue stil in your wilfull and malicious ignorance whiche causeth me to feare that this sentence of the holy ghost wilbe verified in you In maleuolam animam non introibit sapientia Yet I will ones againe prooue after your desire euen as it were by puttinge you in remembraunce of those thinges whiche by occasions in conference I often and many times reported vnto you wherof I knowe you are not simply ignoraunt You require a proufe hereof that an Emperour or Emperesse Kinge or Quéene may claime or take vppon them any suche gouernment meanynge as the Quéenes maiestie our Soueraigne doth now chalendge and take vppon her in Spirituall or Ecclesiasticall causes For aunsweare I say they ought to take vppon them suche gouernement therefore they maye lawfully doo it The former parte is founde trewe by the whole discourse of the holy Scriptures bothe of the Olde and newe Testament by the testimony of the Doctours in Christes Churche by the generall Counsailes and by the practise of Christes Catholique Churche thorough out all Christendome The holy Scriptures describinge the condicions and propreties required in a Kinge amongest other doth commaunde that he haue by him the booke of the Lawe and doo diligently occupy him selfe in readinge thereof to the ende he maye thereby learne to feare the Lorde his God that is to haue the feare of God planted within him selfe in his owne harte to keepe all the woordes and to accomplishe in déede all the ordinaunces or as the olde translation hath it all the ceremonies by God commaunded that is to gouerne in suche sorte That he cause by his Princely authoritie his subiectes also to become Israelites To witte menne that see knowe and vnderstande the will of God Redressinge the peruersenes of suche as swerue from Goddes ordinaunces or caeremonies Whereuppon it is that God dothe commaunde the Magistrate that he make diligent examination of the Doctrine taught by any and that he doo sharpely punish bothe the teachers of false and superstitious Religion with the folowers and also remooue quite out of the waye all maner of euill The beste and most godly Princes that euer gouerned Goddes people did perceiue and rightly vnderstande this to be Goddes will that they ought to haue an especiall regarde and care for the orderinge and settinge foorth of Goddes true Religion and therefore vsed great diligence with feruent zeale to perfourâ—â— and accoÌ„plishe the same Moses was the supreme gouernour ouer Goddes people was not the chiefe Priest or Bishop for that was Aaron whose authoritie zeale and care in appointinge and orderinge Religion amongest Goddes people prescribinge to al the people yea to Aaron and the Leuites what and after what sorte they shoulde execute their functions correctinge and chasteninge the transgressours is manifestly set foorth in his booke called the Pentateuche After the death of Moses the people as yet not entred and settled in the promised Lande the chardge of chiefe gouernment ouer Goddes people both in causes Temporall and Ecclesiasticall was committed to Iosue and not to Eleazar for to him belonged onely the ministration of the thinges belonginge to the Priestly office And to Iosue the Prince belonged the ouer sight both ouer the Priests and people to gouerne guide order appoint and direct eche estate in all thinges that apperteined to eche of their callinges Of the one yée séeme to haue no doubt at all the other is as plaine For at the appointment of Iosue the Priestes remooued the Arke of couenaunt and placed the same He did interprete vnto the people the spirituall meaninge of the twelue stones whiche they had taken by Goddes commaundement foorth of Iordan to be as Sacramentes or Signes He circuÌ„cised the children of Israell at the second time of the great and solempne Circumcision He calleth the Priestes commaundeth some of them to take vp the Lordes Arke other seuen of them to blowe seuen trompettes before the Arke appointeth to them the order of procéedinge He builded an aultar vnto the Lorde God of Israel accordinge to y e Lawe of God he sacrificed theron burnt sacrifices and burnt offringes He wrote there vpon the stones the Deuteronomy of Moses He redde all the blessinges and cursinges as they are set foorth in the booke of the Lawe And he redde all what so euer Moses had commaunded before al the coÌ„gregation of Israel c. Last of al Iosue to shewe that causes of Religion did specially belonge to his charge and care maketh a long and a vehement oration vnto the Israelites wherin he exhorteth them to cleaue vnto the Lorde with a sure faithe a constant hope and a perfect loue obeiynge and seruinge him with suche seruice as he hath appointed in his Lawe And doth zelously and with great threates disswade them from all kynde of Idolatry and false Religion Dauid whom God appointed to be the pastour that is the king ouer Israel to feede his people did vnderstaÌ„de that to this pastoral office of a kyng did belong of dutie not only a charge to prouide that the people might be gouerned with iustice and liue in ciuill honestie peace and tranquilite publique and priuate but also to haue a special regarde and care to see them sed with true doctrine and to be fostered vp in the Religion appointed by God him selfe in his Lawe And therfore immediatly after he was with some quietnes setled in his royal seate the first thing that he began to refourme and restore to the right order as a thing y e apperteined especially to his princely charge and care
and vsed in the same sort his princely authoritie in refourming all abuses in all maner causes ecclesiastical These godly kynges claymed and toke vpon theim the supreme gouernement ouer the ecclesiasticall persons of al degrees and did rule gouerne and direct them in all their functions and in all maner causes belonging to Religion and receyued this witnes of their doinges to wyt that they did acceptable seruice and nothing but that whiche was ryght in Gods sight Therfore it foloweth well by good consequent that Kynges or Queenes may clayme and take vpon them suche gouernement in thynges or causes ecclesiasticall For that is ryght sayth the holy ghost they should than do wrong if they did it not You suppose that ye haue escaped the force of all these and such lyke godly kynges which do marueilously shake your holde and that they may not bee alledged against you neither any testimony out of the olde testament for that ye haue restreignes the proufe for your cōtentation to suche order of gouernement as Christ hath assigned in the Ghospell to be in the tyme of the newe Testament wherin you haue sought a subtyle shift For whyles ye seeke to cloke your errour vnder the shadowe of Christes Ghospel you bewray your secrete heresies turnyng your selfe naked to be seen of all men and your cause notwithstandyng left in the state it was before nothyng holpen by this your poore shift of restreynt So that where your friendes toke you before but only for a Papist now haue you shewed your selfe to them playnly herein to be a Donatist also When the Donatistes troubled the peace of Christes catholique Churche and deuided them selues frō the vnitie thereof as now you do The godly fathers trauailed to confute their heresies by the Scriptures both of the olde and newe Testament and also craued ayde and assistaunce of the Magistrates and Rulers to refourme them to reduce them to the vnitie of the Churche to represse their heresies with their authoritie godly lawes made for that purpose to whome it belonged of dutie and whose especial seruice to Christe is to see care and prouyde that their subiectes be gouerned defended mainteined in the true and sincere Religion of Christ without all errours superstitions and heresies as S. Augustine proueth at large in his epistle against Vincentius a Rogatiste in his epistle to Bonifacins and in his bookes against Petilian and Gaudentius letters Against this catholique doctrine your auncestours the Donatistes aryse vp and desende them selues with this colour or pretence that they be of the catholique fayth and that their churche is the catholique church Which shifte for their defence against Gods truthe the Popishe sectaries do vse in this our tyme being no more of the one or of the other than were the Donatistes and suche lyke of whom they learned to couer their horrible heresies vnder the same fayre cloke that the seculer Princes haue not to medle in matters of Religion or causes ecclesiasticall That God committed not the teaching of his people to kynges but to Prophetes Christe sent not souldiours but fishers to bring in and further his Religion that there is no example of such ordre founde in the Gospel or new Testamēt wherby it may appeare that to secular Princes it belongeth to haue care in matters of Religion And that as it semeth by that S. Augustine by preuention obiecteth against them they subtilly refused all proufes or examples auouched out of the olde Testament as ye craftely do also in bynding me onely to the new Testament which S. Augustine calleth an odious and wicked guyle of the Donatistes Let your friendes nowe whom ye wil seeme to please so muche when you beguyle them moste of all weigh with aduisement what was the erronious opinion thouching the authoritie of Princes in causes ecclesiasticall of the Donatistes as it is here rightly gathered forth of S. Augustine and let them consider wysely these foule shiftes they make for their defence And then compare your opinion and guylefull defences thereof to theirs and they must needds clappe you on the backe say to you Patrisas ▪ if there be any vpright iudgement in them demyng you so lyke your great grandsier Donatus as though he had spit you out of his owne mouth But for that S. Augustines iudgement and myne in this controuesie is alone as your opinion herein differeth nothyng at all from the Donatistes I wyll vse no other confirmation of my proufes alledged forth of the olde Testament for the reproufe of your guylful restraint thē Christes catholique Church vttered by that catholique Doctour S. Augustin against al the sectes of Donatistes whether they be Gaudentians Petilians Rogatistes Papistes or any other petit sectes sprong out of his loynes what name so euer they haue S. Augustine against Gaudentius his second epistle affirmeth saiyng I haue saith he already heretofore made it manifest that it apperteined to the kinges charge that the Niniuites should pacifie Goddes wrath whiche the Prophet had denounced vnto them The kinges whiche are of Christes Churche doo iudge moste rightly that it apperteineth vnto their cure that you Donatistes rebell not without punishement against the same c. God dooth inspire into kinges that they shoulde procure the commaundement of their Lorde to be perfourmed or kept in their kingdome For they to whom it is said and now ye kinges vnderstande be ye learned ye Iudges of the earth ferue the Lorde in feare doo perceiue that their authoritie ought so to serue the Lorde that suche as will not obey his will shuld be punished of that authoritie c. Yea saith y e same S. Aug. Let the kings of the earth serue Christ euē in making lawes for Christ meaning for the furtherance of Christes religiō How then doth kinges saith S. Aug. to Bonifacius against y e Donatistes serue the lord with reuerēce but in forbidding and punishing with a religious seueritie such thinges as are done against the Lordes cōmaundemētes For a king serueth one way in that he is a man an other way in respect that he is a king Bicause in respect that he is but ◠man he serueth the Lorde in liuing faithfully but in that he is also a kinge he serueth in makinge Lawes of conuenient force to commaunde iust thinges and to forbidde the contrary c. In this therfore kinges serue the Lorde when they doo those thinges to serue him which they could not doo were they not kinges c. But after that this began to be fulfilled which is written and all the kinges of the earth shall worship him all the Nations shall serue him what man being in his right wittes may say to kinges Care not you in your kingdomes who defendeth or oppugneth the Churche of your Lorde Let it not apperteine or be any part of your care who is religious in your kingdome or a wicked deprauer of Religion This was the iudgement of S.
as it were almost weried forhayed with the great persecutions of Goddes enemies and maruelously shaken with the controuersies and contentions amongest them selues euen as a nource Father in his owne bosome he procured that they should be fedde with the swéete milke of Goddes woorde Yea he him selfe with his publique proclamations did exhorte and allure his subiectes to the Christian Faith As Gusebius doth reporte in many places writinge the life of Constantine He caused the Idolatrous religion to be suppressed and vtterly banisshed and the true knowledge and Religion of Christe to be brought in and planted amonge his people He made many holsome lawes and godly constitutions wherewith be restrained the people with threates forbiddinge them the Sacrificinge to Idolles to seeke after the Deuelish and superstitious sothsaiynges to set vp Images that they should not make any priuie Sacrifices and to be briefe he refourmed all manner of abuses about Gods seruice and prouided that the Churche shoulde be fedde with Goddes woorde Yea his diligent care in furtheringe and settinge foorth the true knowledge of Christe wherewith he fedde the people was so watcheful that Eusebius doth affirme him to be appointed of God as it were the common or Vneuersall Bisshop And so Constantine tooke him selfe to be and therefore saide to the Bishoppes assembled together with him at a feast that God had appointed him to be a Bissoppe But of this moste honorable Bishop nourshinge father more shalbe saide hereafter as of other also suche like Our sauiour Christ meante not to forbidde or destroy touchinge the rule seruice and chardge of Princes in Churche causes that whiche was figured in the Lawe or prophecied by the Prophetes For he came to fulfill or accomplis he the Lawe and the Prophetes by remoouinge the shadowe and Figure and establishing the Body and Substance to be séene to appeare cléerely without any miste or darke couer yea as the power and authoritie of Princes was appointed in the Lawe and Prophetes as it is prooued to stretche it selfe not onely to ciuill causes but also to the ouer sight maintenaunce settinge foorth and furtherance of Religion and matters Ecclesiasticall Euen so Christe our Sauiour confirmed this their authoritie commaunding all men to attribute and geue vnto Caesar that which belongeth to him admonishinge notwithstandinge all Princes people that Caesars authoritie is not infinite or without limites for suche authoritie belongeth onely to the Kinge of all Kinges but bounded and circumscribed within the boundes assigned in Goddes woorde and so will I my woordes to be vnderstanded when so euer I speake of the power of Princes And this to be Christes order and meaninge that the Kinges of the nations should be the supreme gouernours ouer their people not onely in Temporall but also in Spirituall or Ecclesiasticall causes the blessed Apostles Peter and Paule doo plainely declare The supremacy of Princes they set foorth when they coÌ„maunde euery soule that is euery man whether he be as Chrysostome saith an Apostle Euangelist Prophete Priest Monke or of what so euer callinge he be to be subiect obey the higher powers as Kinges and their Lieutenauntes or gouernours vnder them And thei declare that this supreme gouernment is occupied and exercised in or about the praysinge furthering and aduauncinge of vertue or vertuous actions and contrary wise in correctinge stayinge and repressinge all manner of vice or vicious actions which are the propre obiect or mattier hereof Thus doth Basilius take the meaninge of the Apostles sayinge This seemeth to me to be the office of a Prince to ayde vertue and to impugne vice Neither S. Paule neither the best learned amongest the auncient Fathers did restreine this power of Princes onely to vertues and vices bidden or forbidden in the seconde table of Goddes commaundementes wherein are conteined the dueties one man oweth to an other But also did plainely declare them selues to meane that the authoritie of Princes ought to stretche it selfe to the maintenaunce praise and furtherance of the vertues of the first Table and the suppression of the contrary wherein onely consisteth the true Religion and spirituall Seruice that is due from man to God S. Paule in his epistle to Timothe teacheth the Ephesians that Kinges and rulers are constituted of God for these twoo purposes that their people may liue a peaceable life thorough their gouernment and ministery both in godlines which is as S. Augustine interpreteth it the true and chiefe or propre worship of God and also in honesty or séemelines in whiche twoo woordes godlines and honestie he conteined what so euer is commaunded either in the firste or seconde Table S. Augustine also sheweth this to be his minde when describing the true vertues which shall cause princes to be blessed nowe in Hope and afterwarde in déede addeth this as one especiall condicion required by reason of their chardge and callinge If that saithe he they make theyr power whiche they haue a seruaunt vnto Goddes Maiestie to enlardge moste wide his woorship Seruice or Religion To this purpose also serue all those testimonies which I haue cited before out of S. Augustine against the Donatistes who in his booke De. 12. abusionum gradibus teacheth that a Prince or ruler must labour to be had in awe of his subiectes for his seueritie against the transgressours of Gods Lawe Not meaninge onely the transgressours of the seconde table in Temporal matters But also against the offendours of the first table in Spirituall or Ecclesiasticall causes or matters Whiche his meaning he declareth playnely in an other place where he auoucheth the saying of S. Paule The Prince beareth not the Sworde in vaine to proue therewith against Petilian the Donatiste that the power or authoritie of Prynces whiche the Apostle speaketh of in that senteÌ„ce is gyuen vnto them to make sharp Lawes to further true Religion and so suppresse Heresies and Schismes and therfore in the same place he calleth the catholique Churche that hath suche Princes to gouerne to this effecte A Churche made strong whole or fasâ—ened together with catholique Princes meanyng that the church is weake rent and parted in sonder where catholique Gouernours are not to maynteine the vnitie thereof in Churche matters by their authoritie and power Gaudentius the Donatist founde him selfe agreeued that Emperours should entremedle and vse their power in matters of Religion affirmyng that this was to restreyne men of that freedome that God had set men in That this was a great iniury to God if he meaning his Religion should be defended by men And that this was nothing els but to esteeme God to be one that is not able to reuenge the iniuries doon against him selfe S. Augustine doth answere and refute his obiections with the authoritie of S. Paules saiyng to the Romaynes Let euery soule be subiect to the higher powers c. For he is Goddes mynister to take vengeance on him
that dooth euill interpreting the mynd of the Apostle to bee that the authoritie and power of Prynces hath to deale in Ecclesiasticall causes so well as in Temporall And therefore sayth to Gaudentius and to you all Blotte out these saiynges of S. Paule 13. Rom. if you can or if you cannot then set naught by them as ye doo Reteyne a most wicked meaning of all these saiynges of the Apostle least you loose your freedome in iudging or elles truely for that as men yee are ashamed so to doo before men crie out if you dare Let murtherers be punished let adulteriers be punished let all other faultes be they neuer so heynous or full of mischiefe be punished by the Magistrate wee will that onely wicked faultes against Religion be exempt from punishment by the Lawes of Kinges or rulers c. Herken to the Apostle and thou shalte haue a great aduantage that the kingely power cannot hurt thee doo well and so shalt thou haue prayse of the same power c. That thinge that yee doo is not onely not good but it is a great euill to witte to cut in sundâ—e the vnity and peace of Christe to rebelle against the promises of the Ghospell and to beare the Christian armes or badges as in a ciuil warre against the true and highe Kinge of the Christianes Chrysostome sheweth this reason why S. Paule doth attribute this title of a minister woorthely vnto the Kinges or ciuill Magistrates bicause that thorough frayinge of the wicked men and commendinge the good he prepareth the mindes of many to be made more appliable to the doctrine of the woorde Eusebius alluding to the sentence of S. Paule where he calleth the ciuill Magistrate Goddes minister and vnderstanding that Ministery of the ciuill Magistrate to be about Religion Ecclesiasticall causes so well as Temporal doth call Constantine the Emperour The great light and moste shrill preacher or setter foorth of true godlines The one and onely God saith he hath appointed Constantine to be his mynister and the teacher of godlines to all countreis And this same ConstaÌ„tine like a faithfull and good mynister did thoroughly set forth this and he did confesse himselfe manifestly to be the seruauÌ„t and mynister of the high Kinge He preached with his imperiall decrees or proclamations his God euen to the boundes of the whole worlde Yea Constantine him selfe affirmeth as Eusebius reporteth That by his mynisterie he did put away and ouerthrowe al the euilles that pressed the worlde â–ª meaninge all superstition Idolatry false Religion In so muche saith this godly Emperour that there withal I bothe called againe mankinde taught by my mynisterie to the Religion of the most holy Lawe meanyng the woorde of God and also caused that the most blessed Faithe shoulde encrease and growe vnder a better gouernour meanyng than had beene before for saithe he I woulde not be vnthankefull to neglect namely the best mynistery whiche is the thankes Iowe vnto God of duety This most Christian Emperour did rightly consider as he had beene truely taught of the moste Christian Bishoppes of that time that as the Princes haue in chardge the mynistery and gouernment in all manner causes either Temporall or Spirituall Euen so the chiefest or best parte of their Seruice or Mynistery to consist in the well ordering of Churche matters and their diligent rule and care therein to be the most thankeful acceptable and duetifull Seruice that they can doo or owe vnto God For this cause also Nicephorus in his Preface before his Ecclesiasticall history doth compare Emanuel Paleologus the Emperour to Constantine for that he did so neerely imitate his duetifulnes in rulinge procuringe and refourminge Religion to the purenesse thereof Whiche amonge all vertues belonginge to an Emperour is moste seemely for the imperiall dignitie and dothe expresse it moste truely as Nicephorus saithe who maketh protestacion that he saithe nothinge in the commendacion of this Emperour for fauour or to flatter but as it was true in deede in him And so reherseth his noble vertues exercised in dischardge of his imperiall duetie towardes God in Churche matters sayinge to the Emperour who hath glorified God more and shewed more feruente zele towardes him in pure Religion without feyninge than thou haste doone who hath with suche feruent zeale sought after the moste syncere faithe muche endaungered or clensed againe the holy Table VVhen thou sawest our true Religion broughte into perill with newe deuises brought in by conterfaict and naughty doctrines thou diddest defende it most painefully and wisely Thou diddest shewe thy selfe to be the mighty supreme and very holy anchour and staie in so horrible waueringe and errour in diuine matters beginninge to fainte ard to peris he as it were with shipwracke Thou arte the guide of the profession of our Faithe Thou hast restored the Catholique and Vniuersall Church beinge troubled with newe matters or opinions to the olde state Thou haste banished from the Churche all vnlawfull and impure doctrine Thou hast clensed againe with the woorde of trueth the Temple from choppers and chaungers of the diuine doctrine and from hereticall deprauers thereof Thou haste beene sette on fier with a Godly zeale for the diuine Table Thou haste established the doctrine thou haste made Constitutions for the same Thou haste entrenched the trewe Religion with myghtie defenses That whiche was pulled downe thou haste made vp agayne and haste made the same whole and sounde againe with a conuenient knittinge togeather of all the partes and members to be shorte thou haste saithe Nicephorus to the Emperour establissed true Religion and godlines with spirituall butiresses namely the doctrine and rules of the auncient Fathers These and suche like Christian Emperours are not thus muche commended of the Ecclesiasticall wryters for their notable dooinges in the maintenaunce and furtheraunce of Religion as for dooinges not necessarily appertayninge to their office or callynge But for that they were examples spectacles and glasses for others wherein to beholde what they are bounde vnto by the woorde of God and what their subiectes may looke for at their handes as matter of chardge and duetie both to God and his people Whiche S. Paule doth plainely expresse where he exhorteth the Christians to make earnest and continuall prayer for kynges and all that are in authoritie to this ende and purpose that by their rule mynistrie and seruice not onely peace and tranquilitie but also godlines and Religion should be furthered and continued amongst men attributing the furtherance and continuaunce of Religion and godlynes to the Magistrates as an especial fruite and effect of their dutie and seruice to God and his people Chrysostome expounding this place of the Apostle doth interprete his meaning to be vnderstanded not onely of the outward peace tranquilitie furthered mainteined defended by the Magistrates but chiefly of the inward peace of the mynde and conscience whiche can not be atteyned without pure Religion as
the Emperour as a wyse moderatour and Ruler would discourage none but myldely caulmed such as he saw ouer hasty with wilde wordes cooling their heate and commended such as reasoned deepely with grauitie When they had agreed of the chiefe pointes wherefore they were assembled the Emperour him self calleth forth Acesius a Byshop at Constantinople of the Nouatians Religion and examineth him openly touchyng these articles wherunto the whole counsaile had agreed and subscribed He wryteth his lettres to the Churche at Alexandria where the controuersy touchynge the diuinitie of Christ began declaring that he him selfe together with the Byshops in the counsayl had taken vpō him the searchinge foorth of the truthe and therefore assureth them that all thinges were diligently examined to auoyde all ambiguitie and doubtfulnes wherefore he exhorteth and willeth them al that no man make any doubt or delases but y e cherefully they retourne againe into the moste true waye He writeth an other to al Byshops people where so euer wherein he commaundeth that no wryting of Arius or monument conteining Arius doctrine be kepte openly or secretly but be burnt vnder payn of death After that all the matters were concluded and signed with their handes subscription the Emperour dissolueth the counsaile and licenseth euery one of them to retourne home to his own Byshoprike with this exhortation that they continue in vnitie of fayth that they preserue peace and concorde amongest them selues that from thence forth they abyde no more in contentions and last of al after he had made a long oration vnto them touchynge these matters he commaundeth them that they make prayer continually for hym his children and the whole Empyre Arius counterfeyting a false and feyned confession of beliefe like an hypocrite pretending to the Emperour that it was agreable vnto the faithe of the Nicen counsayl humbly beseching the Emperour That he would vnitie and restore him to the mother Churche and therefore hauinge friendes in the Emperours Courte as suche shall neuer want fautours about the best Princes was brought into his presence whom the Emperour him selfe examined diligently and perceyuing no disagrement as he thought from the agreement made in Nicene councell absolued restored him againe whereunto Athanasius who knew Arius throughly would not agrée and being accused therfore vnto the Emperour was charged by lettres from hym that he should receiue Arius with these threates that if he would not he would depose him from his Byshoprike and commy◠him to an other place The Arians heaped vp many and horrible accusations and slaunders vpon Athanasius whereupon the Emperour dooth sommon a counsaill at Tyre and sendeth cōmaundement by his letters to Athanasius that without al excuse he shuld appeare there for otherwyse he should be brought whether he would or no. He writeth to the coūcell his letters wherein he declareth the causes why he called that councell He shewed what he would haue and they ought to doo and prescribeth vnto them the fourme and rule wherby they shall iudge and determine in that Synode Athanasius appeared appealed fled to the Emperour and declared the iniuries offered against him in that councell The Emperour tooke vpon him the hearing of the cause sent his letters to the whole Synode commaūding them without all excuse or delay to appeare before hym in his palayce and there to shewe how vprightly and sincerely they had iudged in their Synode as I haue shewed before Wherein obserue diligently that the Emperour taketh vpon him and no fault found therewith to examine and iudge of the doinges of the whole councell Thus farre of Constantine and his doynges in the execution of his ministerie and especially in perfourming that part whiche he calleth the best part that is his gouernement and rule in Ecclesiasticall matters wherein it is manifest that by the practise of the catholique Churche for his time approued commended by al the catholique priestes and Bishoppes in the Nicen counsaile the supreme gouernement authoritie and rule in all maner causes both Ecclesiastical and Temporall were claimed and exercised by the Emperour as to whom of right suche like power and authoritie belonged and apperteined Constantines sonnes claymed and tooke vpon them the same authoritie that their father had doon before thē and as Zozomen reporteth of them did not only vpholde mainteine the ordinances made by their father Constātine in Churche matters but did also make newe of their owne as occasiō serued the necessitie of y e time required Constantinus after the death of his father restored Athanasius whom his father had deposed to his Bishoprike againe writing honourable and louing letters to the churche of Alexandria for his restitution Constantius deposed Liberius the Bishop of Rome for that he would not consent to the condemnation of Athanasius in whose place Foelix was chosen whome also the Emperour deposed for the like cause restored againe Liberius vnto his Bishoprike who beinge moued with Themperous kindnes as some write or rather ouercome with ambition became an Arian This Emperour deposed diuerse Bishops appointing others in their places He called a Synode at Millayn as Socrates witnesseth saiyng The Emperour commaunded by his edict that there should be a Synode holden at Millayn There came to this coūsaile aboue 300. Bishopppes out of the West countreis After this he mynded to cal a general councel of al the East West Bishops to one place whiche coulde not conueniently be brought to passe by reason of the great distaunce of y e places therefore he commaunded the councell to be kept in two places at Ariminum in Italy at Nicomedia in Bythinia Valentinianus the Emperour after the death of Auxentius an Arian byshop of Millayn calleth a Synode of bishops at Millayn to consult about the ordering of a new bishop He prescribeth vnto them in a graue oration in what maner a man qualified ought to be who shuld take vpō him the office of a bishop They passe to the electiō the people were diuided til at the last they al crye with one consent to haue Ambrose whom although he did refuse the Emperour commaunded to be baptized to be consecrate byshop He called an other Synode in Illirico to appeace the dissentiōs in Asia Phrygia about certein necessary articles of the christian faith and did not onely confirme the true faith by his royal assent but made also many godly and sharpe Lawes as well for the maintenance of the truthe in doctrine as also touching many other causes or matters Ecclesiastical Theodosius was nothing inferiour to Cōstantine the great neither in zeale care or furtherāce of Christes Religion He bent his whole power and authoritie to the vtter ouerthrowe of superstition false Religion some what crept in againe in the times of Iulianus Valens the wicked Emperours And for the sure continuance of Religion refourmed he made many godly Lawes he defended the godly
godly considerations he wrote his letters to the Bishops of euery city declaring both these causes willing them to sende him their aduise what was best to be doon from whome he receiued answere that the Chalcedon councel is to bee mainteined euen vnto death whereupon the Emperour writeth to Stila his Lieutenant of Alexandrea that he shuld mainteine the Chalcedon councell Stila did as the Emperour commaunded he expelled Timotheus Hellurus and placed another in his roume named Timotheus Sale facialius or Albus who liued quietly all the reigne of Leo and Zeno the Emperous till Basilicus gat the Empire who restored Timotheus the Heretique But when Zeno recouered the Empire this Timotheus poysoned him selfe in whose place the Heretiques chose one Peter Mogge After that Zeno the Emperour knew of the crafty dealing of y e heretiques he wrote to his Lieutenaunt Anthemius that he should depriue Peter Mogge and restore Timotheus to the Byshoprike and further that he should punishe those that were the authors to enstall Peter Mogge Anthemius receyuinge the Emperours mandate did depose Peter Mogge as one that was but a counterfayte made Bishop contrary to the Lawes of the catholique Churche and restored Timotheus Salefacialius who beinge restored sent certayne of his Clergie to the Emperour to render him thankes After this Timotheus Ioannes de Talaida was chosen wherof when Acatius Bishop of Constantinople hearde he being offended with Iohn for that he had not sent vnto him synodical letters to signifie of his electiō as y e maner was he ioyned him selfe with the fautours of Peter Mogge accused Iohn vnto the Emperour as one not sounde in Religion nor fit for the Byshoprike Peter Mogge espying this oportuniti edissembleth an vnitie and reconciliation and by his friendes wynneth Acatius who breaketh the matter to the Emperour and perswadeth him to depose Ioannes de Talaida and to restore Peter Mogge so that the same Peter would first receiue and professe the Henoticon that is the confession of the vnitie in faith whiche the Prince had set foorth wherof this is the effect Zeno the Emperour to al Bishops and people throughout Alexandry and Aegipt Lybia and Pentepolis For so much as we knowe that the right and true faith alone is the beginning cōtinuance strength and inuincible shylde of oure Empyre vve labour night and day in praier study and with Lawes to encrease the Catholique and Apostolique Churche by that faith All people next after God shall bowe downe their neckes vnder our power Seing therfore that the pure faith doth on this wise preserue vs and the Romain cōmon wealth many godly fathers haue hūbly beseched vs to cause an vnitie to be had in the holy Churche that the members displaced and seperated through the malice of the enemy may be coupled and knit together And after this declaringe his faith to agree with the Nicen councel and those that condemned Nestorius and Eutyches he saith vve curse those that thinke the contrary After whiche curse declaring al the articles of his faith he concludeth with an earnest exhortatiō vnto the vnitie of faith The Emperour saith Liberatus supposing that Ioannes de Talaida had not ment rightly of y e Chalcedun coūcel but had doon al things fainedly wrote his letters by the perswasion of Acatius to Pergamius Appolonius his Lieutenantes to depose Iohn and enstall Peter Mogge Iohn being thus thrust out repaired to the B. of Antioche with whose letters of cōmendacion he went to Simplicius Bishop of Rome and desired him to write in his behalfe vnto Acatius Bishoppe of Constantinople who did so and with in a while after died This Pope Simplicius consideringe the great contentions that were accustomably about the election of Popes did prouide by decrée that no Pope shoulde hereafter be chosen without the authoritie of the Prince which decrée although it be not extant yet it is manifest inough by the Epistle of kinge Odoacer put into the Actes of the thirde Synode that Simmachus the Pope did kéepe at Rome wherin the Kinge doth not onely auouche the decree of Simplicius but also addeth Wee maruaile that without vs any thinge was attempted seynge that whiles our Prieste meaninge the Bishop of Rome Simplicius was on liue nothinge ought to haue beene taken in hande without vs Nexte after Simplicius was Foelix 3. chosen who after his confirmacion sent many letters aswell to the Emperour as to Acatius Bishop of Constantinople aboute the matter betwixt Iohn and Peter but when he coulde not preuaile in his suite he made Iohn Bishop of Nola in Campania One of the letters that Pope Foelix wrote vnto Zenon the Emperour about this matter is put into the fifth Synode of Constantinople wherin the Pope after the salutation doth most humbly beseche the Emperour to take his hūble suite in good parte He sheweth that the holy Churche maketh this suite that he will vouchesaulfe to mainteine the vnitie of the Churche that he will destroy Heresies that breaketh the bonde of vnitie that he will expell Peter Mogge bothe out of the Citie and also from Churche regiment that he would not suffer Peter being deposed to be admitted to the Cōmunion of the Churche but that by his honorable letters he would banishe him out of the boundes of Antioche And saith this Bishoppe of Rome Foelix vnto the Emperour In his place appoint you one that shall bewtifie the Priesthood by his woorkes Anastasius the Emperour deposed Macedoniue Bishoppe of Constantinople as one that falsified the Ghospels as Liberatus saithe About the election of Symachus Platina mentioneth what great diuision and sedition arose in so much y t the parties were faine to agrée to haue a councell holden for the determination of the matter And there was a councell appointed at Rauenna saith Sabellicus to the ende that the controuersie might be decided accordinge to righte before the Kinge Theodoriche before whome the matter was so discussed that at the last this Pope Symachus was cōfirmed Neuerthelesse this fyre was not thus so quite quenched but that fower yéeres after it blased out sorer againe VVhereat the Kinge saith Platina beinge displeased sent Peter the Bishop of Altine to Rome to enioy the sea and both the other to be deposed Whereupon an other Synode was called of 120. Bishoppes wherein saith Sabellicus the Pope him selfe defended his owne cause so stoutely and cunningly and confuted saith Platina all the obiections laide against him that by the verdict of them all he was acquited and all the faulte laide to Laurence and Peter But to the intent it may the better appeare what was the Kinges authoritie about these matters marke the fourth Romaine Synode holden in the time of this Symachus about the same matter of his whiche although it be mangled and confusedly set foorth in the Booke of generall Councelles bicause as it may séeme that they woulde not haue the whole trueth of this dissention appeare yet will it
▪ Venetiae and Histria whiche woulde not obey him puttinge their affiaunce in the authoritie of the firste Councell of Constantinople In whiche Epistle amongest other thinges he writeth on this wise Your honour muste remember what God wrought by you at that time when as Totyla the tiraunt possessinge Histriam and Venetias the Frenche also wastinge all thinges you woulde not neuerthelesse suffer a Bisshoppe of Myllaine to bee made vntill yee had sente woorde from thence to the moste milde Prince meaninge the Emperour and had receiued answeare againe from him by writinge what shoulde be done and so bothe he that was ordeined Bisshoppe and he that was to be ordeined were broughte to Raūenna at the appointement of your highe authoritie Not longe after Pelagius 2. bicause he was chosen Iniussu Principis without the Emperours commaundement and coulde not sende vnto him by reason the Town was besieged and the huge risinge of the waters stopped the passage as soone as he mighte beynge elected Pope he sente Gregorie to craue the Emperours perdone and to obteyne his good will For in those daies saithe Platina the Clergy did nothinge in the Popes election except the election had beene allowed by the Emperour Aboute the time of Pelagius the firste his Papacy was there a Councell holden at Towers in Fraunce by the licence and consente of Arithbertus the Kinge for the reformacion of the Churche discipline wherein appeareth that the Kinges authoritie was necessarily required to confirme and strengthen the discipline For where they decrée of the maydes or widdowes that shall not be maried without the consent of the parentes which is an especiall matter Ecclesiasticall they declare the strength thereof to depende vppon the commaundement of the Prince Not onely say they the Kinges Childebert and Clotharius of honourable memory kepte and preserued the constitution of the Lawes touchinge this matter the whiche nowe the kinge Charibert their successour hath confirmed or strengthened by his praecept The Emperour Iustinianus calleth the Bishoppes of all Churches vnto a generall Councell at Constantinople the whiche is called the fifte oecumenicall Synode to represse the insolence of certayne Heretiques who taught and mainteined Heresies and Schismes to the great disquieting of the Churche against the doctrine established in the foure forenamed generall Councelles In the time of this councell Menna the Bishop of Constantinople departed out of this life in whose rowme the Emperour placed Eutychius The Emperour gouerneth and directeth all thinges in this Councell as the Emperours before him had doone in the other generall Synodes as appeareth by the writinge whiche he sente vnto the Bishoppes wherein he sheweth that the right beléeuinge godly Emperours his auncestours did alwaies labour to cut of the Heresies spronge vp in their time by callinge together into Synode the most religious Bishoppes and to preserue the holy Churche in peace and the right faithe to be sincerely preached and taught He alledgeth the examples of Constantinus Magnus Theodosius the elder Theodosius the yonger and Martianus the Emperours who saith he called the former generall councelles were present them selues in their owne persones did ayde and helpe the true confessours and tooke great trauaile vppon them that the right faith shoulde preuaile and be preached Our forenamed auncestours of godly memory saith he did strengthen and cōfirme by their Lawes those thinges which were decided in euery of those councelles and did expulse the Heretiques whiche wente about to gainesaie the determinations of the fower forenamed generall councelles and to vnquiet the Churches He protesteth that from his firste entraunce he made these the beginninges foundacion of his emperiall gouernment to wit the vnitie in Faith agreable to the fowre generall councelles amongest the churche ministers from the east to the weast the restraigninge of schismes and contentions stirred vp by the fautours of Eutyches and Nestorius against the Chalcedon councell the satisfiynge of many that gainesaide the holy Chalcedon councell and the expulsion of others that perseuered in their errours out of the holie Churches and Monasteries To the ende that concorde and peace of the holie Churches and their Priestes beinge firmely kepte one and the selfe same faithe whiche the fowre holie Synodes did confesse might be preached throughout Goddes holie Churches He declareth howe he had consulted with them by his letters and messengers aboute these matters and how they declared their iudgements vnto him by theyr writinges notwithstandinge séeinge certaine Heretiques continue in their heresies Therefore I haue called you saith he to the royall Citie meaninge Constantinople exhortinge you beynge assembled togeather to declare once againe your mindes touching these matters He showeth that he opened these controuersies to Vigilius the Pope at his beyng with him at Constantinople And we asked him saith he his opinion herein and he not once nor twise but oftentimes in writinge and without writinge did curse the three wicked articles c. VVe commaunded him also by our Iudges and by some of you to come vnto the Synode with you and to debate these three articles togeather with you to the ende that an agreeable fourme of the right faith might be set foorth and that we asked both of him and you in writinge touchinge this matter that eyther as wicked articles they mighte be condemned of all or elles if he thought them right he shoulde shewe his minde openly But he answeared vnto vs that he woulde dooe seuerly by him selfe concerninge these three pointes and deliuer it vnto vs He declareth his owne iudgement and beliefe to be agreeable with the faith set foorth in the fowre generall Councelles He prescribeth vnto them the speciall matters that they shoulde debate and decyde in this Synode whereof the finall ende is saithe he That the trueth in euery thinge maye be confirmed and wicked opinions condemned And at the laste he concludeth with an earnest and godly exhortacion to seeke Goddes glory onely to delare their iudgementes agréeable to the holye gospell touching the matters he propoundeth and to doe that with conuenient spéede Dat. 3. Nonas Maias Constant inopoli The Title prefixed to the first generall councell sommoned by the commandement of Iustinian telleth in effect generally both the matter and also who had the chiefe authoritie in the orderinge thereof for it is intituled The diuine ordinaunce and constitution of Iustinian the Emperour against Anthymus Seuerus Petrus and Zoaras Mennas the vniuersall Archebishop and Patriarche of Constantinople was present in this Councell who had adioyned vnto him placed on his right hande certaine Bishops coadiutours named and appoincted by the cōmaundement of the Emperour sent out of Italy from the sea of Rome When they were set thus in councell Themperour sent Theodorus one of the Maisters of the Requestes or his Secretarie a wise man vnto the Synode Bishoppes Abbottes many other of the cleargy with theyr billes of supplications whiche they had put vp vnto the Emperour for redresse of certaine matters Ecclesiasticall
cōplaintes that were brought vnto him against the Clergy Monkes and certeine Bishoppes that their liues were not framed accordynge to the holy Canons and that many of them were so ignoraunt that they knewe not the prayer of the holy oblation and sacred Baptisme Perceiuynge further that the occasion hereof was partely by reason that the Synodes were not kept accordinge to the order appointed partly for that the Bishoppes Priestes Deacons and the residue of the Clergie were ordered bothe without due examinatiō of the right faith and also without testimony of honest conuersation Protesting that as he is mindefull to see the ciuill Lawes firmely kept euen so he ought of dutie to be more carefull about the obseruation of the Sacred rules and diuine Lawes and in no wise to suffer them to be violated and broken He renueth the constitutions for the Clergie touching Churche causes saying Folowyng therefore those thinges that are defined in the sacred Canons we make a pragmaticall or moste full and effectuall Lawe whereby we ordeine that so often as it shalbe neadfull to make a Bishop c. And so goeth forwarde in prescribing the fourme of his election examination approbatiō And shutteth vp y e Lawe about the ordering of a Bishop with this clause If any shalbe ordered a Bishop against this former appointed order bothe he that is ordered and he also that hath praesumed to order against this fourme shall be deposed He decreeth also by Prouiso what order shall be kept if it chaunce that there be any occasion or matter layde to the charge of him that is to bee ordered either Bishop Priest Deacon Clergy man or els Abbot of any Monastery But about all thinges sayeth he wee enact this to be obserued that no man be ordered Bishop by giftes or rewardes for both the geuer taker and the broker if he be a Churche man shalbe depriued of his benefice or clericall dignitie and if he be a Lay man that either taketh rewarde or is a woorker in the matter betwene the parties we commaunde that he paye double to be geuen to the Churche He geueth lycence neuertheles that where there hath bene somethyng geuen by hym that is ordered Byshoppe of custome or for enstallation that they maye take it so that it exceede not the somme prescribed by hym in this Lawe VVee commaunde therefore that the holy Archebishoppes namely of the elder Rome of Constantinople Alexandria Theopolis and Hierusalem if they haue a custome to geue the Bishoppes and Clerkes at their orderinge vnder twenty poundes in golde they geue onely so mutche as the custome alloweth But if there were more geuen before this Lawe wee commaunde that there be no more geuen then twenty poundes And so he setteth a rate to al other Ecclesiastical persons in their degrees according to y e habilitie of their Churches concluding thus Surely if any presume by any meanes to take more than we haue appointed either in name of customes or enstallations wee commaunde that he restore threefolde so muche to his Churche of whom he tooke it He doth vtterly forbidde Bishoppes Monkes to take vpon them gardianship neuerthelesse he licenceth Priestes Deacōs Subdeacōs to take the same on them in certeine cases He cōmaundeth two Synodes to bee kepte in euery Prouince yerely He prescribeth what and in what order matters shalbe examined and discussed in them Besides these he enioyneth and doth cōmaunde all Bishoppes Priestes to celebrate the prayers in the ministration of the Lordes supper and in baptisme not after a whispering or whyst maner but with a cleare voyce as thereby the myndes of the hearers may be sturred vp with more deuocion in praysing the Lorde God He proueth by the testimony of S. Paule that it ought so to be He concludeth that if the Religious Byshoppes neglecte any of these thinges they shall not escape punishment by his order And for the better obseruing of this constitution he commaūdeth the rulers of the prouinces vnder him if they see these thinges neglected to vrge the Bishoppes to call Synods and to accomplishe all thinges whiche he hath commaunded by this Lawe to be doon by Synodes But if the Rulers see notwithstanding that the Bishoppes bee slouthfull and slake to doo these thinges then to signifie therof to hym selfe that he may correct their negligence for otherwise he will extreemely punishe the Rulers them selues Besides these saith this Emperour we forbidde and enioyne the Religious Bishoppes Priestes Deacons Subdeacons Readers and euery other Clergie man of what degree or order so euer he be that they play not at the table playes as cardes dyce and suche lyke playes vsed vpon a table nor to associate or gase vpon the players at suche playes nor to be gasers at any other open sightes if any offende against this decrée wée cōmaunde that he be prohibited from all sacred mynistery for the space of thrée yéeres to be thrust into a monasterie After these constitucions made for the gouernement of the secular clergy as you terme it in causes Ecclesiasticall the Emperour descendeth to make statutes ordinaunces and rules for monasticall persones commonly called Religious declaringe that there is no manner of thinge whiche is not thoroughly to be searched by the authority of the Emperour who hath saith he receiued from God the common gouernment and principalitie ouer all men And to shewe further that this principalitie is ouer the personnes so well in Ecclesiasticall causes as Temporall he prescribeth orders and rules for them and committeth to the Abbottes and Bisshoppes iurisdiction to see these rules kept concludinge that so well the Magistrates as Ecclesiasticall persones ought to keepe incorrupted all thinges whiche concerne godlines but aboue all other the Emperour who ought to neglect no manner of thinge pertaininge to godlines I omitte many other Lawes and constitutions that not onely this Emperour but also the Emperours before him made touchinge matters and causes Ecclesiasticall and doo remitte you vnto the Code and the Authentiques where you may sée that all manner of causes Ecclesiastical were ouerséene ordered directed by the authoritie of the Emperours and so they did the duetifull seruice of Kinges to Christe In that as S. Augustine saith they made lawes for Christe Arriamirus Kinge of Spaine commaunded twoo councelles to be celebrated in a Citie called Brachara the one in the second yéere of his reigne the other the thirde yéere wherin were certaine rules made or rather renued touchinge matters of faithe touchinge constitucions of the Churche and for the dueties and diligence of the Clergie in their offices Wambanus Kinge of Spaine séeynge the great disorders in the Churche not onely in the discipline but also in the matters of Faithe and about the administration of the Sacramentes calleth a Synode at Brachara named Concil Brachar 3. for the reformacion of the errours and disorders aboute the Sacramentes and Churche discipline About this time after the death of Pelagius 2.
the 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 coÌ„sent in hearing and determining Ecclesiasticall causes in restreining the Popes libertie without his speciall licence and in ruling the sâ—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 inhibitioÌ„ 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 occasioÌ„ 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 auncieÌ„t 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 GyaÌ„ 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 CyaÌ„ 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 yeaâ— 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 â–ª â—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 Arâ—â—ch he refourmed the manners of the people and dwellers in that countrey and that in three thinges especially â—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
that the Laye people shoulde behaue them selues towardes their Curates and in what wise they shoulde paie and offer to God their tithes The thirde was for making of their testamentes In Germany succeded vnto Frederike Henry and next vnto him Philip both of them inuesturing Bishops and suffering no Legates from Rome to come into Apulia nor Sicilia according to the aforesaide composition Next to whom succeded Otto surnamed of the Clergie the defendour of Iustice for where as the manner of Princes was saith Abbas Vrspurgens cheerfully and readily to geue benefices or Churches to those that did first aske them he woulde noâ— so doo but he gaue all the benefices that fell as well Ecclesiasticall as Secular to those with whom he was acquainted c. This Emperour came into Italy claimed and recouered al the right of the Empire that the Pope vsurped vnder the name of S. Peters patrimony and called a Synode at Norinberge about this matter and touching the Popes authoritie In England as Henry his father had doon before him so folowed king Richard in geuing Ecclesiastical promotions in calling councelâ— ordering other Ecclesiasticall matters yea eueÌ„ in his absence being in Syria by one that represented his persone therin the B. of Ely who called and made a councel at westminster as the kings procuratour and the Popes Legate and spake by the kinges power But in this matter kyng Iohn did more theÌ„ any of his predecessours which purchased him muche hatred with the Pope and his Monkes In this while the Frenche kinge helde a Councell at Cenomannia in Turon And after him Kinge Lewes did celebrate a solemne couÌ„cell at Paris whereat was praesent the Popes Legates In whiche time was Frederike the. 2. Emperour out of doubt saith Auentinus an other Charles the great and without all controuersie most prâ—fitable for the Christian common wealth whiche not onely helde the priuileges aforesaide in Apulia and Sicilia but in all his dominions and about this mater tamed diuer Popes called and kepte diuerse Councelles aswel by his Sonnes as by him selfe ordeined certaine Ecclesiasticall lawes againste diuerse Heretiques condemninge their heresies and appointing how they should be ordered ordeininge likewise many priuileges for Ecclesiasticall personnes In whiche time Henry the. 3. Kinge of Englande helde a solemne Councell in the whiche bothe by the sentence of the Kinge and of the Princes not a fewe priuileges were taken away from the order of priesthoode at what time the Popes Legate required a tribute of all the Cleargy but it was denied him Robert Grosthed whome yée call S. Robert wrote vnto the Pope a sharpe Episile bicause he greeued the Churche of Englande with â—askes and paymentes against reason of whiche when he sawe no redresse he with other Prelates of the lande complained vnto the Kinge of the wass of the goodes and patrimonie of the Churche by the Popes neare kinseman and other alient Bisshoppes whome the Kinge auoyded out of the Realme To whome also the Emperour Frederike wrote that it was a shame for him to suffer any longer his Realme to be oppressed with the Popes tiranny Lewes the Frenche kynge called S. Lewes who as Antoninus saith was so instructed euen from his infancie in all the wisedome of diuine and good orders that there was not founde his like â–ª that kept the lawe of the high God c. made a lawe againste thâ—â—e that blasphemed the name of the 〈◊〉 adioyninge a penaltie of a whoteyron to be printed in the transgressours forehead Also in the yeere of the Lorde 1228. He made a Lawe againste the Popes fraudes concerninge the preuentions and reseruations of the reuenues and dignities Ecclesiasticall complayninge that the Pope had pulled from him the collations of all Spirituall promotions ordeininge that from hence foorth the election of Bisshoppes Prelates and all other what so euer shoulde be free forcible and effectuall to the electours patrones and collatours of them Also the same yeere he set foorth an other Lawe againste Simonie complaininge of the bioyng and sellinge of Ecclesiasticall dignities He made also certaine godly Lawes againste whoredome and Fornication Laste of all in the yéere of the Lorde 1268. he set foorth the Lawe commonly called Pragmatica Sanctio wherein amongest other Ecclesiasticall matters againste the Popes pollinges he saithe thus Item in no case we will that exactions or greuous burdens of money beinge laide on the Churche of our Kingedome by the Courte of Rome whereby our kingedome is miserably impouerished be leuied or gathered nor any hereafter to be layde excepte onely for a reasonable godly and moste vrgent cause of necessitie that can not be auoided and that the same be doone by our expresse biddinge and commaundement of our owne accorde Conradus Conradinus and Manfredus still kepte the priuilege of the foresaide Ecclesiasticall matters in Sicilia and Apulia Shortly after this time Charles the Kinge of Sicilia and Apulia had all or most of the dooing in the election and makinge of diuerse Popes as of Martyn 4. Celestyn 5. Bonyface 8. c. Edwarde the firste Kinge of Englande aboute this time made the Statute of Northampton So that after that time noman shoulde geue neither sell nor bequeath neither chaunge neither bye title assigne landes tenementes neither rentes to no man of Religion without the Kinges leaue whiche acte sence that time hath beene more straightly enacted and diuised with many addicions thereunto augmented or annexed The whiche Lawe saithe Polydore he made bicause he was Religionis studiosissimus c. moste studiouse of Religion and moste sharpe enemie to the insolency of the Priesies At this time Philip le Beau the Frenche Kinge beganne his reigne brought vp in the studie of diuinitie vnder Aegidius the Romaine diuine by whose admonitions and also of other diuines the Kinge beinge instructed in his duety aboue al other thinges endeuoured him selfe aboute the reformation of Religion and orderinge of Ecclesiasticall matters Whereuppon lookinge to the state of the Cleargy he deposed a certaine Bishoppe for Heresie and gaue his Bishoprike to an other and besides claymed the inuestiture of all other Bishoppes in his dominions and callinge Councelles at home in his owne Realme woulde suffer none of his Cleargy to goo to the Popes Councelles He caused the Popes Bulles to be burned He commaunded the Popes Legates to auoyde his realme He commaunded that no money shoulde be caried out of the Realme to the Pope He sette foorth a Lawe that no man should goo to Rome out of his kingedome He called a Councell at Paris and caused to be gathered thither all the Prelates and Barons of Fraunce to iustifie his dooinges He shewed vnto them why he tooke vppon him to call a Councell He enueighed againste the Pope for Heresie Symonie Homicide Pride Ambition c. and that of righte he ought therefore to be deposed He demaundeth of the
Councell vnto whome they be lawfully sworne and of whome they haue receiued their dignities They all answeare that they are all the beneficiaries of him alone and that mindefull of their Faith and the Kinges estate they woulde suffer death for his glory power and saulfegarde Thereuppon he setteth foorth a pragmaticall sanction or forceable lawe to diminis he the dignitie of the Pope Many other Ecclesiasticall Lawes he made againste the Iewes againste the Templars against adulterie c. He made also Clement the fifth Pope and swore him to certaine cōdicions before hande by whose importune meanes also the Generall councell of Vienna was holden In whiche Councell he laboured to haue Pope Boniface condemned for an Heretique affirminge that he woulde proue him so But the mater was taken vp and to satisfie the kinge it was decreed that all the processes of Bonifacius against the kinge were vniust and the kinges doinges in any point against the Pope should not be preiudicial to him or to his heyers About the time of this Councell at Vienna the famous schooleman Durandus setteth foorth a booke wherein as he rekeneth vp diuerse and great enormities in Church matters so for the reformacion of them he alwaies ioyneth the kinge and secular Princes and the Prelases and to this purpose citeth the fourme of the auncient Councelles and many times enueigheth against and complaineth vppon the vsurped authoritie of the Romaine Bishop warninge men to beware how they yéelde vnto him and prescribeth a rule for the Princes and the Prelates to refourme all these enormities not by custome were it neuer so auncient but by the woorde of God About this time also the Emperour Henry the. 7. came into Italy with great power to reduce the Empyre to the olde estate and glory of the auncient Emperours in this behalfe And on the day of his coronation at Rome accordinge to the maner of other Romaine Emperours he set foorth a Lawe or newe authentique of the most high Trinitie and the Catholique faith Nexte to Henry 7. was Lewes 4. Emperour who had no lesse but rather greater conflictes with the Popes in his time about the reformation of abuses than any had before him the Pope nowe claiminge for an Ecclesiastical matter the confirminge of the Emperour as before the Emperours were wonte to confirme the Popes About whiche question the Emperour sent and called many learned Clerkes in Diuinitie in the Ciuill and Canon Lawe from Italy Fraunce Germany Paris and Bononia whiche all aunswered that the Popes attemptes were erronious and derogating from the simplicitie of the Christian Religion Whereupon the Emperour willed them to searche out the matter diligently and to dispute vpon it and to gather into bookes their mindes therein whiche diuers did as Marsilius Patauinus Ockam Dantes Petrarche c. By whome whan the Emperour vnderstoode the Popes vsurpation he came to Rome called a councell and deposed the Pope placed an other in his rowme In whiche councell the Romaines desired to haue their olde order in the Popes election ratified by the Emperour to be renewed This Emperour also called avery great coūcell at Frākeforth where besides the Spirituall and Secular Princes of Germany the kinge of Englande and the king of Beame were present where by the greater and sounder part the Popes aforesaid vsurpation was abolished Which sentence the Emperour confirmed and published writing therof that his authoritie dependeth not of the Pope but of God immediatly and that it is a vaine thinge that is wont to be saide the Pope hath no superiour The Actes of this councell against the Popes processe were ratified by the Emperour as appeareth by his letters patentes thereupon beginning thus Lodouike the fourth by the grace of God c. To all Patriarches Archebisshoppes Bisshoppes and Priestes c. and ending thus VVherfore by the councell and consent of the Prelates and Princes c. VVe denounce and determine that all suche processes be of no force or moment and straightly charge and commaunde to all that liue in our Empire of what estate or condition so euer they be that they presume not to obserue the said sentences and curses of the Popes interdiction c. An other Councell he called afterwardes at the same place about the same matter bicause Pope Clement called it Heresy To saie that the Emperour had authoritie to depose the Pope whiche heresy as principal he laide first to the Emperours charge Item that the Emperour affirmed that Christ and his Apostles were but poore Item the. 3. heresy that he made and deposed Bysshops Item that he neglected the Popes interdightmēt c. Item that he ioyned certaine in mariage in degrees forbidde he meaneth forbidden by the Popes Lawes and deuorceth them that were maried in the face of the Churche Whiche in deede was nothing els but that amōgest other Ecclesiastical lawes that the Emperour set forth were some for mariages and deuorcementes contrary to the Popes decrees In Fraunce king Charles denied the Pope the tenthes of his Clergie But Philip de Valoys that followed reformed and tooke away many late vpstart Ecclesiasticall abuses in the Clergy and Prelates in his Realme of the whiche diuerse complaintes being made vnto the king he called a councel at Paris and sommoned thither the Bishoppes as appeareth by his letters wherein he complaineth that they haue enchroched from him and his officers a great many of rightes bringing in their nouelties not due and vnwonted grieues vnder the pretence of Ecclesiastical causes whereby they haue broken the concorde of the Clergie and the Laity and therfore willing to prouide so muche as he can by Goddes helpe an healthfull remedy He requireth and neuerthelesse commaundeth them to appeare before him at Parys personally c. The Prelates appearing at the daye assigned before the kinge in his Palayce Archebisshoppes Bisshoppes and makinge reuerence to the kinges maiestie being set downe with his councell and certeine Barons assisting him a certeine knight of the kinges councell spake publykely for the kinge in the presence of them all takinge for his theme this texte Geue that vnto Caesar that belongeth to Caesar and that vnto God that is due vnto God c. The kinges admonition being made a great many complaintes were put vp vnto the king by his nobles and officers against the Clergies vsurpation in medling with contractes of mariages in their priuileges of Clerkes In citations to their Courtes in their excommunicatiōs in willes and hereditamentes in callinge of prouinciall councelles in making synodall Decrees and statutes in medling with realties in perēptory writes in examinations of mens beleues in enioyning of money penances In shauing of children and vnlauful persons making thē Clerkes in whoordome and fornication in wyddowes goodes in bloudshead in the Churcheyarde in inuentories c. and in a great many mo matters whiche ye call Spirituall or Ecclesiasticall causes the
Frenche kynge prouing them to be as in deede they were no other but temporall neuerthelesse not standinge muche about the name nor taking them all away from their iurisdiction he onely said he would reforme them Neuerthels for certeine daies there was muche disputing to and fro whether they belonged to the kinge to reforme or no till the king by his foresaide procuratour gaue them the kinges determinat aunswere declaring vnto them howe that they ought not to be troubled bicause the kinges intention was to keepe those rightes and customes of the Churche and Prelates which were good and reasonable but by reason of their faults the iudgement whiche were good and reasonable apperteined not vnto thē to determine but to the king Bicause the Decree Nouit c. saieth that the kinge of Fraunce in matters de Facto hath not his superiour c. VVhereuppon hee concluded that the kinge woulde heare all the informations And those Customes of the whiche he shoulde be fully enfourmed that they were good and reasonable he woulde make onely to bee obserued In cōclusion the Prelates made such importune labour that the forsaide attourney aunswered them for the kinge that if the Prelates themselues would amende those thinges that were to be amended and corrected the king would abide till the feaste of the Natiuitie next to come within whiche terme he woulde innouate nothing but if within the saide terme the Prelates had not amended those thinges that were to be amended and corrected that then the kinge would put to suche remedy as should be acceptable to God and the people Whiche in conclusion the king was faine to do by a sharpe seuere Lawe whan he sawe howe the Prelates dallied him of with faire wordes and therefore he him selfe Composuit rem sacerdotum did set in order the matters of the Priestes In England at this time many abuses about Ecclesiasticall causes were reformed although the Pope his Clergie did earnestly mainteine them by king Edwarde the. 3. who wrote his letters to y ◠Pope admonishing him to leue of his disordered doinges whan that woulde not serue he redressed them by act of parliament and as Nauclerus saith he commaunded that from thenceforth no body shoulde bring into the Realme any kinde of the Popes letters vnder the paine of drowning and expelled all persones out of his kingdom that weare by the Pope promoted to any benefice Next to Lewes was Charles the. 4. chosen Emperour who helde a councel at Mentze with y e Prelates Princes in the yere of the Lorde 1359. wherein he much reproued the Popes Legate for his disorders and commaunded the Archbishop of Mentze to reforme his Clergie and the disorders amongest them for otherwise he woulde see to it him selfe The Popes Legate seyng howe the Emperour tooke vpon him gate him to his shippe and saylled to Colayn as one that fledde awaye With whiche doynges the Emperour became very famouse for he was a man of great workes who dyd lyghten the kyngdome of Boheme bothe with the the settinge foorth of Religion and with the discipline of Lawes and good manners At this time wrote Nilus the Bishoppe of Thessalonica declaringe the onely cause of the diuision betwéene the Gréeke and the Latine Churche to be for that the Pope will not suffer frée and generall Councelles to be called by the Emperours accordinge to the auncient custome that his authoritie is not by the Lawe of God but by the positiue Lawes of Princes graunted onely because that than Rome was the greatest Citie in the worlde and hath no prerogatiue of Christ or Peter more than any other Bishoprike Kinge Richarde the. 2. called a Councell at VVestminster saith Polydore wherein it was thought good to the Kinge and the Princes for the weale of his realme of Englande if a parte of the Popes authoritie were bounded within the limites of the Occean sea he meaneth that it were driuen out of the Isle of Britaine wherfore it was decreed that hereafter it shoulde be lawfull to no man to trie any cause before the Bishop of Rome nor that any man be publikly pronounced wicked or enemy of Religion that is to wit as the common people terme it be excommunicate by his authoritie nor that if any man haue any suche commaundement from him they execute the same The penaltie ordeined to those that violate this lawe was that losinge all his goodes he shoulde be caste into perpetuall pryson The Churche of Rome at this time was maruailously torne in sunder with an horrible Schisme whiche continued about xl yéeres hauinge at ones thrée heades callinge them selues Popes euery one of them in moste despitefull wise calling the other Antichrist Schismatique Heretique tiraunt thiefe traytour the sonne of perditiō sower of Cockle the childe of Belial c. diuerse learned men of that time inueighed against them all thrée as Henricus de Hassia 10. Cerson Theodorych Nyem secretary before this to Pope Boniface who prooueth at lardge by good reasons by the woorde of God and by the Popes decrées that the refourmation of these horrible disorders in the Churche belonge to the Emperour and the secular Princes Sigismunde the noble Emperour vnderstandinge his duetie herein amongest other his notable actes called a Councell togeather at Constantia and brought againe to vnitie the Churche deuided in three partes whiche Councell saithe Nauclerus beganne by the Emperours commaundement and industry in the yeere 1414. To the whiche Councell came Pope Iohn before the Emperours comminge thinkinge to haue outfaced the Councell with his pretensed authoritie till the Emperour came who geuinge to all men in the Councell free libertie to speake their mindes a great companie of horrible vices were laide streight way to his chardge To the whiche when he was not hable to answeare he was deposed and the other twoo Popes also and an other chosen chiefly by the Emperours meanes called Martyn the. 5. After these thinges finished they entred into the communication of a reformation bothe of the Cleargie and the Layty to whiche purpose the Emperour had deuised a booke of Constitucions and also willed certaine learned Fathers there but specially the Bishoppe of Camera a Cardinall there presente to deuise what faultes they coulde finde and how they shoulde be redressed not sparinge any dégrée neither of the Prelates nor of the Princes them selues Whiche the Bishoppe did and compiled a litle booke or Libell entituled a Libell for reformation of the Churche gathered by Peter de Aliaco c. and offered to the Churche rulers gathered togeather in Constaunce Councell by the commaundement of the Emperour Sigismonde c. In this Libell of reformation after he hath touched the notable enormities in the Pope in the Courte of Rome in the Cardinalles in the Prelates in Religious personnes and in Priestes in exaction in Canons and Decretalles incollations of benefices in fastinges in the diuine seruice in Piaures in
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
Agbarus affirmeth that he was no infidel or idolatour saying Beatus es quòd in me credidisti cùm non videris me Agbare thou art blessed bicause thou hast beleued in me when thou hast not seen me Besides this your owne selfe haue affirmed oftentimes and so doth your Popishe tales declare that the three wise men that came forth of the East to worship the newe borne king of the Iewes were kinges and lie buried in the great doom at Colain as the Colonistes make men to beleue called yet amongst the vulgar Papistes the three kinges of Colayn If there be any credite to be geuen to the narracion of Eusebius and Nicephorus touching Agbarus king of Edessa and to the commonly receiued opinion of your Popishe Churche concerning the three kinges of Colayn these fower were kings in the time of Christes aboade here in earth and yet not idolatours nor infidels all the whole time of Christes aboade here but faithfull worshippers of Christ Whereby the former part of the matter in the antecedeÌ„t of your argument is disproued Neither is that true whiche you put in the seconde part that the Emperours and kinges coÌ„tinued idolatours for y e space of 300. yeres after Christê Assention For although for the moste part during that space they were suche yeat was there in that time some godly Princes that were otherwise geuen Eusebius in his Ecclesiasticall history maketh mention of one Philippus a moste Christian Emperour of whom and his sonne also being Emperour with him Abbas Vrspurgensis witnesseth that they were the first of all the Romaine Emperours that became Christians who also declared by their déedes and workes as Abbas saieth that they had in them the feare of God and the moste perfect Christian faith Constantinus also the Emperour father to Constantine the great did moste diligently of all others séeke after Gods fauour as Eusebius writeth of him He did prouide by his gouernement that his subiectes did not onely enioy great peace and quietnes but also a pleasant conuersation in holines and deuocion towardes God Idolatours and dissemblers in Religion he banished out of his Court and suche as confessed Goddes truthe he reâ—eined and iudged moste worthy to be about an Emperour commaunding suche to 〈◊〉 the guarde both of his persone and dominion He serued and worshipped the onely true God He condemned the multitude of Goddes that the wicked had He fortified his house with the praiers of holy and faithfull men and he did so consecrate his Court and Palaice vnto the seruice of God that his housholde company was a congregacion or Churche of God within his palaice hauing Goddes mynisters and what sâ—â—uer is râ—quisit for a Christian Congregation â–ª Polidorâ—â— in his history of Englande affirmeth also of this Emperour that he studied aboue all other thinges to encrease the Christian Religion who after his death was rekened in the nomber of sainctes To these fewe adde Lucius a king of our owne countrey who although he was not in might coÌ„parable to Constantine the mighty Emperour yet in zeale towardes God in abolishing idolatry and false Religion in winning and drawing his subiects by all meanes to the Christian faith in mainteining and defendinge the sincere Christianitie to the vttermoste of his power he was equall with Constantine and in this point did excell him that he longe before Constantine brake the Ise gaue the onsette and shapte a patern for Constantine to followe whereby to worke that in other partes which he had achieued within his owne dominioÌ„ This noble king of very loue to true Religion as Polydore testifieth of him Procured him selfe and his subiectes to be Baptised caused his nation to be the first of all other Prouinces that receiued the Ghospell pupliquely did drawe his people to the knowledge of the true God banisshed at ones all maner of prophane worshipping of Goddes and commaunded it to be lefte Conuerted the tempels of the Idolatours to be Churches for the Christians And to be short he emploied and did bestowe all his seruice and power moste willingly to the furtheraunce and encrease of the Christian Religion whiche he planted moste sincerely throughout his countrey and so lefte it at his death almoste an hundreth yeres before Constantine was Emperour and therefore vntruely sayed of you that Constantine was the very first Christian kyng that ioyned his sworde to the maintenaunce of Gods woorde Sithe this king Lucius so longe before Constantine did not onely these thinges that Polidore ascribeth vnto hym but also did them of his owne authoritie with out any knowledge or consent of the Pope Nor Eleutherius then Bishop of Rome to whome afterwardes king Lucius did write to see some of Caesars and the Romaine Laweâ— was any thing offended with the kinges doinges but greatly coÌ„mending him therein couÌ„celled him not to stand vpon the Romain lawes whiche saith the Pope might be reprehended but as he began without them so to go on draw Lawes alonely out of the Scripture which afterwardes more at large the Saxon kings as Iune Aluredus did The epistle of Pope Eleutherius to king Lucius is as followeth Peristis a nobis c. You haue desired of vs that the Romaine Lawes and the Lawes of Caesar might be sent ouer to you the whiche ye would haue vsed in your kingdome of Brytanie VVe may at al times reproue the Romaine Lawes and the Lawes of Caesar the lawe of God we can not For ye haue receiued of late by the deuine mercie in your kingdome of Brytanie the Lawe and faithe of Christe Ye haue with you in your kingdome both the olde and newe testament take out of them the Lawe by the grace of God through the councell of your kingdome and by it through Gods sufferaunce shallye rule youre kingdome of Brytanie for you are the vicar of God in your kingdome according to the Prophet kinge The earth is the Lordes and all that therein is the compasse of the worlde and they that dwel therin And againe according to the Prophet king Thou haste loued righteousnes and hated iniquitie wherfore God euen thy God hath anointed thee with the oile of gladnes aboue thy fellowes And againe according to the Prophet king geue the king thy iudgement O God and thy righteousnes vnto the kings sonne For it is not geue the iudgemeÌ„t and righteousnes of Caesar for the Christian nations and people of your kingdome are the kinges sonnes which dwel and consiste in your kingdome vnder your protectioÌ„ and peace according to the Gospel euen as the henne gathereth together her chickens vnder her winges The nations in deede of the kyngdome of Brytanie and the people are yours and whome beinge deuided you oughte to gather togeather to concorde and peace and to the faithe and to the Lawe of Christ and to the holy Churche to reuoke cherishe mainteyne protecte rule and alwaies defende them both from the iniurious persons and malicious and from his enemies VVoe be to
the kingdome whose kinge is a childe and whose Princes banquet earely a kinge I name not for his smale and tender age but for folly and wickednes and madnes according to the Prophet king bloudthirsty and deceitful men shal not liue out halfe their daies By banqueting we vnderstand glotonie through glottony riotousnes through riotousnes all filthy and euill thinges according to kinge Salomon wisedome shall not enter into a froward soule nor dwel in the body that is subdued vnto sinne A king is named of ruling and not of a kingdome so long as thou rulest wel thou shalt be kinge whiche vnlesse thou doo the name of a king shal not coÌ„siste in thee and thou shalt lese the name of a king whiche God forbidde Almightie God geue vnto you so to rule your kingdome of Brytany that ye may reigne with him for euer whose vicar ye are in the kingdome aforesaide VVho with the father c. Thus it is made manifest that bothe your argument faileth in truthe of matter and you your selfe were beguiled through ignorance by wante of reading But put the case that your antecedent were true yet is it a faulty fallax made à dicto secundum quid ad simpliciter and the consequent followeth not for that there is more conteined in the conclusion than the antecedent doth comprehende whiche is suche an euill fauoured forme of argument that yonge studentes in the scholes would be ashamed thereof The Donatistes made the like obiection against the catholique fathers wherto S. Augustine maketh this answere The state of the Apostles time is otherwise to be thought of than this time al thinges must be doon in their time In the Apostles time this prophecie was yet in fulfilling wherfore do the Heathen rage and the people muse vpon vaine thinges The kinges of the earth set them selues and the Princes consult together against the Lorde and his Christ As yet that was not in hande whiche is spoken a litle after in the same psalme and nowe ye kings vnderstand be learned ye Iudges on the earth serue the Lorde in feare and ioy in him with reuerence Therfore seyng that as yet in the Apostles time kinges serued not the Lorde but still did deuise vaine thinges against God and his Christ that all the foresayinges of the Prophete might be fulfilled than truely impieties coulde not be inhibited by princes Lawes but rather be mainteyned For suche was the order of the times that both the Iewes shoulde kill the preachers of Christe thinkinge to doo God good seruice therein as Christ had forspoken and also the gentiles shoulde rage against the Christians that the martirs might winne the victory thorough pacience But after that this began to be fulfilled whiche is writen And al the kinges of the earth shall woorship him and all the nations shal serue him what man onlesse he be not well in his wittes will say that Kinges ought not to haue a speciall regarde for the Churche of Christe and all manner godlines amongst their subiectes You frame an other reason vpon S. Paules woordes vnto the Bishops of Ephesus whereby to prooue that all gouernement in spirituall or ecclesiastical causes belongeth to Bishoppes and Priestes and not to Princes and Ciuill Magistrates thus you argue The holy ghost appointed all spirituall gouernement of Christes flocke vnto Bishops Priestes as the woordes spoken by S. Paule doo make full and perfecte declaration Ergo Kinges Quéenes and Princes may not claime or take vpon them any parte of Spirituall gouernement much lesse take the supremacie and chiefe parte of spirituall gouernement from them For answeare I denie this argument for it is a naughty and deceiptfull Sophistication called Fallacia aequiuocationis There is equiuocacion in this woorde Priestes and also in these woordes to gouerne and rule the Church of God This woorde Priest hath diuerse significacions which are to be obserued least the simple readers be confirmed or brought into errour thorough the equiuocation therein The Scripture speaketh of a priesthood after the order of Aâ—ron after whiche order you will not confesse the Apostles and the Bishoppes their successours to be Priestes an other kinde of Priesthoode is after the order of Melchisedech and Christe onely without any successour in y â— Priesthood was the alone Priest of that order The thirde kinde is an holy and princely Priesthood of the which order not onely the Apostles and their true successours but also Kinges Quéenes Princes al manner of faithfull Christians are Priestes There is in coÌ„mon opinion amongst the Papistes a fourth kinde which is a massinge sacrificing priesthood after which order Christes Apostles the true mynisters of his Church were neuer priests for y e order belongeth onely to y e Apostolical Clergy of y e Romishe Antichrist Yf your meaning therfore be y e Christ left any kinde of gouernment or rule of his Churche to Bishops Priestes after this popishe order your opinion is hereticall your assertion vtterly false Therfore where I shall afterwardes in my speaking cal the mynisters of Christes Churche Priestes I geue you to vnderstande y t I doo therin but follow y e vsuall accustomed kinde of speache which is impropre although in longe vse Likewise to gouerne and rule the Church of God is of twoo kindes sortes the one is by y â— supreme authority power of the swoorde to guide care prouide direct ayde Gods Church to further mainteine setfoorth the true Religion vnitie quietnes of Goddes Churche to ouersée visit refourme restraine amende correct all manner persones with all manner errours superstitions heresies schismes abuses offences conteÌ„ptes enormities in or about Gods Churche Which gouernment rule apperteineth onely to Kinges Quéenes and Princes and not to the Apostles Bishops and Priestes wherof S. Paule speaketh nothinge at al in this sentence by you alledged to the Bishops of Ephesus The other sorte is to féede the flocke of Christ with the Spirituall foode of Goddes woorde which is the onely rule and gouernment that belongeth to the Apostles Bishops Mynisters of Christes Churche of none other manner rule speaketh S. Paule to the Bishops of Ephesus which he maketh most plaine both by y t expresse woordes of y e sentence auouched also by the whole circumstaunce of the same place The woorde y e S. Paule vseth doth proprely signifie to féede as the sheapeherde féedeth his shéepe by a figuratiue speach to guide gouerne or rule therefore if you would haue dealt plainly and haue vttered S. Paules meaning according to his propre speache where you say To gouerne and rule doubling the woordes as it were to amplifie the matter that the truth might lesse appeare you ought to haue saide to feede the Churche of God for that is the Apostles propre saying so the olde translatour of Chrysostome doth translate it vpon the Epistle to y e Ephesians also expouÌ„ding this same
owne peuish cauillatioÌ„s This report is false that I shuld affirme y e Queenes Maiesties meaning in that othe to be far otherwise then the expresse wordes are as lye Verbatim This my constant Assertion that hir Highnesse minde meaninge is to take so muche and no more of Spiritual aucthoritie and power vpon hir than Kinge Henry and Kinge Edwarde enioyed and did iustly claime you vntruely feygne to be your obiection And that I shoulde affirme of most certaine and sure knowledge hir Maiesties minde or the very right sence of the Othe to be otherwise than it is plainely set foorth is a malicious sclaunder whereof I will fetche no better proofe then the testimonie of your owne mouthe Ye confesse that the interpretation folowinge was penned and written by me to declare the very righte sence and meaninge of the othe wherein ye haue acquited me and condemned your selfe of a manifest vntruthe For the right sence and meaning declared in the interpretation that I made and you haue set foorth doth plainely shewe the cleane contrary if you marke it well to all that you haue here set foorth in my name vnder the title of my resolucions to your scruples Furthermore in the Preface to your forenamed pointes ye haue declared by woorde and wrytinge that I did require you presently to sweare by othe to acknowledge her highnes to be the onely supreame gouernour in all Spirituall or Ecclesiasticall thinges or causes If this be true that you haue said it is manifest by your owne confession that I declared her Maiesties meaninge in that Othe to be none otherwise than the expresse wordes are as they lye verbatim For when I showe her meaninge to be that ye should acknowledge in her highnes the only supreamacie I doo declare plainely that she meaneth to exclude all other men from hauinge any supreamacie for this exclusiue only can not haue any other sense or meaning And whan I adde this supreamacie to be in all spirituall causes or thinges I shewe an vniuersall comprehension to be meant without exception For if ye excepte or take away any thing it is not all And you your selfe tooke my mâ—aning to be thus For ye chalenge me in your seconde chiefe point and call for profe hereof at my hand whiche ye woulde not doo if it were not mine assertion meaning For why should I be driueÌ„ to proue that which I affirme not or meant not Besides these in your whole trauaile folowing ye labour to improue this as you say mine assercion to wit that all Spirituall iurisdiction dependeth vpon the positiue Lawe of Princes If this bee mine assercion as ye affirme it is and therefore bende all your force to improoue it ye witnes with me against your selfe that I declared her Maiesties meaning was to take neither more nor lesse authoritie and iurrsdiction vnto her selfe than kynge Henry and kinge Edwarde had for they had no more than all And if her Maiestie take any lesse she hath not al. Touchinge therefore these false feined and sclaunderous resolucions as they are by you moste vntruly forged euen so whether this bee likely that in a yeres space welnigh I would not in all our daily conference make one reason or argument out of the Scriptures or other authoritie in the maintenaunce of mine assercion and to resolue you in the same I referre to the iudgement of all the Papistes in the Realme that knowe both me and you Againe though ye doo denie that I so did therefore do report none there bee many both worshipfull and of good credit yea and some of your owne déer friendes also that are witnesses of our talke can tell what reasons I haue made vnto you bothe out of the Scriptures and other authorities and proofes out of the Churche histories suche as ye coulde not auoide but were forced to yelde vnto And whether I should so doo or not I might referre me vnto the testimonie of your owne mouthe both than and sithen spoken to diuerse that can witnesse y e same that ye affirmed this although vntruly that you neuer found any that so muche ouerpressed you as I did whiche your saiyng although most vntrue yet it showeth that somewhat I said to confirme mine assertion and to confute yours M. Fekenham Hereunto I did make this obiectioÌ„ folovving These vvorde of the first part of the othe I. A. B. doo vtterly testifie and declare in my coÌ„science that the Q. highnes is the only supreme gouernour of this Realme as vvel in al Spiritual or Ecclesiastical thinges or causes as Temporal â–ª Besides the particulers expressed in your L. interpretation made thereof they doo by expresse vvordes of the acte geue vnto the Queenes highnes all maner of iurisdictioÌ„s priuileges and prehemineÌ„ces in any vvise touching and concerning any concerning any Spiritual or Ecclesiasticali iurisdiction vvithin the Realme vvith an expresse debarre and flat denial made of al Spiritual iurisdictioÌ„ vnto the Bishops thereof to be exercised ouer their flockes and cures vvithout her highnes Speciall commission to be graunted thervnto They hauing by the expresse vvorde of God coÌ„mission of Spiritual gouernment ouer them commission to lose and bind their sinnes Commission to shut and opon the gates of heaueÌ„ to them Commission to geue vnto them the holy ghost by the impositioÌ„ of their haÌ„des And thei hauing by the expresse vvord of God such a daungerous cure and charge ouer their soules that God hath threatned to require the bloud of suche as shall perishe at their handes Notvvithstanding these and many such other like commissions graunted vnto them for the more better discharge of their cures and that by the mouth of God they may not exercise any iurisdiction ouer them they may not visit them they may not reforme them they may not order nor correct them vvithout a further coÌ„mission from the Q. highnes Surely my good L. these thinges are so straunge vnto me and so contrary to all that I haue rede that I am not hable to satisfie my conscience therein Youre L. aunsvver vvas that for as muche as all Spirituall iurisdiction and authoritie to make Lavves and to iudge the people in courtes Ecclesiasticall to visit them to reforme them to order and correct them doth depende onely vppon the positiue Lavves of Kinges and Princes and not vpon the Lavve of God Therfore neither did the Apostles of Christe neither the Bishoppes and their successours may exercise any iurisdiction vpon the people of God iudge theÌ„ visite them refourme order and correct them vvithout authority and commission of the King and Prince The B. of Wynchester It is very true that after yée had quarelled muche in sondry thinges touchyng woordes and termes expressed in the Act of Parliament and in the interpretation of the Othe Yée did neuerthelesse finally agrée in the whole matter thereof finding onely doubt in one pointe of mine assertion namely touchyng iurisdiction Spirituall or Ecclesiasticall all whiche you affirmedcon trary
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
power and authoritie to the Prince to execute the Iurisdiction now vnited and annexed to the Crowne by méete delegates to be assigned named authorised by coÌ„mission or letters patentes vnder the great Seale of Englande If yée will hereof inferre that bicause the Princes haue by vertue of the acte full power and authoritie to name assigne and authorise any person whome they shal thinke méete to exercise vse occupy and exequute vnder them all manner of iurisdictions priuileges and preheminences in any wise touchinge or concerning any Spirituall or Ecclesiastical iurisdiction with in their dominions or countreies Therefore all manner iurisdiction is in the Prince to be exercised vsed occupied and exequuted by them for otherwise you will say the Princes cannot geue and committe to others that which they haue not receiued and is not in them selues Your argument is easily answeared in fewe woordes it is a foule Sophistication a secundum quid ad simpliciter These woordes of the Acte all manner in any wise are restrained and bounded within the limites of the gifte where you of purpose to beguile the simple with all doo let them runne at lardge and sette them foorth as méere and simple vniuersalles without any limites at all The Act geueth or restoreth to the Prince iurisdictions priuileges superiorities and preheminencies spirituall Ecclesiasticall but it addeth this Limitacion suche as by any Spirituall or Ecclesiastical power or authoritie hath heretofore béene or may lawfully be exercised or vsed And for that these woordes as by any Spirituall or Ecclesiasticall power or authoritie hath heretofore been or may lawfully bee exercised and vsed may bee maliciously stretched by a wranglinge Papist and might seeme to some that haue good meaning also to geue ouer large a scope the matter or obiect wherein or where about these Spirituall or Ecclesiasticall iurisdictions priuileges superiorities and preheminences are exercised vsed and doo consiste is limited and added in these expresse woordes for the visitation of the Ecclesiasticall state and persones and for reformation order and correction of the same and of all manner errours heresies Schismes abuses offences contemptes and enormities whiche woordes of limitation in y e gifte as they geue not to the Prince the exercise of that iurisdiction that consisteth and woorketh in the inwarde and secrete Courte of conscience by the preaching of the woorde and mynstration of the Sacramentes whiche belongeth onely and alone to the Bishoppes neither doo they authorise the Prince to vse that iurisdiction that belongeth properly to the whole Church euen so doo they geue rightly vnto the Prince to exercise all maner iurisdictions priuileges superiorities and preheminences in any wyse touching and concerninge any Spiritual or Ecclesiasticall iurisdiction conteined vnder the seconde kinde of Cohibitiue iurisdiction for that may the Prince lawfully exercise and vse and doth not belong vnto the Bishops otherwise than by commission and authoritie of Positiue lawes This limitation of iurisdiction set forth by expresse wordes in y e Act you know right wel ye were also at sundry times put in minde thereof and you were wel assured that your alleaging y e wordes of the Act so darkely confusedly and vntruely could not further your cause amongest the wise and yet woulde you néedes publishe them in this sorte to the people whereby at the least to make both Prince and the Lawe odious vnto the simple subiectes The Bishoppes haue by the expresse woorde of God commission of Spiritual gouernmeÌ„t ouer their flock that is to féede the flock of Christ committed to their charge with Gods holy woorde as I haue declared before Thei haue commission to absolue the faithfully penitent and to reteine or binde the impenitent that is to declare and assure both the one the other by the worde of the Gospel of Gods iudgement towardes them What wil ye inferre hereof will ye coÌ„clude therfore they haue all maner of spirituall gouernement or iurisdiction ouer them Yonge Logicians knowe this is an euell consequent that concludeth vpon one or diuerse particulers affirmatiuely an vniuersall Thus ye argue Bishoppes by the expresse worde of God haue commission to preache to their cures to remitte or reteine synnes Ergo they haue commission by the expresse woorde of God to Sommon councels or Synodes generall or prouinciall to visite that is iudicially sitting in iudgement to enquire of mens manners and forinsically to punishe or correct and to decide the controuersies amongest the people touching contractes of matrimony whoordome tyethes sclaunders c. and to ordeine decrees Lawes ceremonies rites c. If this conclusion followe consequently vpon your antecedeÌ„t than doth it ouerthrowe the doctrine of your Romishe diuinitie whiche graunteth not to the Bishoppes immediatly from God this power without a speciall commission from the Pope in whome onely as the Papistes saye is fulnes of iurisdictioÌ„ and power But if this conclusion followe not consequently vpon the antecedent as a man more than halfe blynde may plainely see it doth not than haue ye concluded nothing at all by Christes diuinitie that may further the matter yee haue taken in hande to proue You falsely reporte the Scriptures in this that you say the Bishops haue commission by the expresse woorde of God to geue vnto their flockes cures the holy ghost by the imposicion of their handes For the place which yée quote for that purpose expresseth no suche commission neither any other place of the holy Scriptures The Bishoppes haue so daungerous a cure and chardge ouer the soules committed vnto them that God will require the bloud of those that perishe thorough their negligence at their handes and therfore hath geuen them sufficient commission for the dischardge of their cures It were therefore an horrible absurditie if they might not exercise any Iurisdiction ouer theÌ„ if they might not visit refourme order and correct them by that commission without a further commissiâ—n from the Q. highnes But doo yée not perceiue which the most simple may sée whereof also yée often were admonished by me your warblinge slaight and Sophisticall quarellinge in equiuocation of woordes termes As there are twoo sortes of Iurisdiction whereof the one not Cohibityue properly belongeth to the Bishoppe whiche he may and ought to exercise ouer his flocke without any other commission than of Christ so to visit refourme order and correct are of twoo sortes the one a Scripturely visitacion reformation and correction by the onely woorde of God which the Bishoppes may and ought to exercise in time and out of time with all possible watchefulnes and diligence without any further commission The other kinde of visitacion reformation correction is Forinsecall or courtly whiche I comprehende vnder the seconde kinde of Cohibitiue Iurisdiction and this the Bishoppe may not exercise without a further commission from the Prince Wherefore it is ouer foule an absurditie in you to inferre that the Bishoppes may not exercise any Iurisdiction visitacion reformacion or correction bicause they may
not vse this Forinsecall or courtly without the Princes commission M. Fekenham VVhereunto I do adioyne this obiection follovving First for the time of the olde lavve vvhiche as Paule saide vvas a very figure of the nevve Moses Aaron Eleazarus being Priestes they had by the expresse vvoorde of God this iurisdiction ouer the people of God as to sit in iudgement vppon them and that not onely in Ecclesiasticall but also in ▪ Politike and ciuill matters and causes they did visit them they did refourme them they did order correct and punish them so oft as cause required and vvithout all commission of any cyuill Magistrate gouernour King or Prince Besides that for the vvhole time of the old Lavve there vvas an expresse lavve made vvhereby all Cyuill magistrates and iudges vvere cōmaunded in all doubtfull matters to repayre to the Bishoppes and Priestes and to stay vppon their determinacions and iudgementes vvithout declinyng on the right hande or the left And if that any man should disobeye the determinacion once geuen of the Priest morietur homo ille like as appeareth Deut. 17. The B. of Wynchester This adiunct will not serue your turne for it is not possible to stretche it without burstinge to ioyne with that you must cōclude You beginne to ioyne your woorke togeather with a saying of S. Paule which he neuer said you should haue noted the place where S. Paule saithe that the olde Lawe was a very figure of the newe There is no suche saying S. Paule saith to the Hebrewes that the Lawe hath the shadowe of good thinges to come c. where he speaketh not generally of the whole Lawe but of the ceremoniall parte and sacrifices whiche were shadowes of Christe and his sacrifice and not of the Bishoppes Iurisdiction after Christ vnder the Law of the Ghospell Thus aptly also doo your allegations out of the olde Testament serue your purpose for one of the thrée to wit 29. of Exod. hath no woorde of this Iurisdiction onely it sheweth the manner of consecratinge the Priest and the ceremonies thereabout In the. 24. of Exod. it is saide that when Moses wente vp into the Mount he saide vnto the Elders Tary vs here vntill wee retourne vnto you Beholde Aaron and Hur are here with you if any man haue ought to doo let him come to them that is if any matter of controuersie arise in mine absence let Aaron Hur haue the hearinge and decidinge of it as I shoulde haue if I were present By this place Aaron had no authority geuen vnto him but for a time in the absence of Moses by commission from Moses the chiefe ruler and gouernour of Goddes people and that not alone but hauinge Hur one of the Elders an auncient and a wise man ioyned in commission with him This allegation maketh directly against your conclusion for it sheweth y t Aaron had this authority but by commission from Moses the Prince of the people In the thirde place Num. 27. where God shewed vnto Moses that Iosue shoulde gouerne the people after him it is saide that Iosue shoulde stande before Eleazar the Priest who shall aske Councell for him by the iudgement of Vrim before the Lord and at his woorde they shal goe out and in both he and the people of Israell that is whan Iosue standeth in doubte what to doo for the better gouernement of the people either in the time of peace or warre he shall vnderstande Goddes will therein by the high Priest to whome the Lorde will miraculously declare his will and pleasure by the light or shininge of the Vrim and Thumin and accordinge to Gods will shewed in the Vrim to the high Priest and by him to Iosue he muste direct and order his gooyng in and out Ergo say you The Bishoppes and Priestes now in the time of the Ghospell haue Iurisdiction by the expresse woorde of God to kéepe Courtes to cal Councels to make Lawes forinsecally to visit refourme order correct their flockes cures The most simple can iudge of this sequele After like sorte it is writen Deut. 17. That whan harde and doubtfull cases come before the iudges or inferiour Magistrates whiche cannot easely be tried or founde out by them than the inferiour Magistrates shall goo to the high Priest and to the chiefe iudge at Hierusalem for the time beinge who shall shewe what is to be doone whose sentence iudgement must not be disobeyed vnder the paine of death Doo you not aptly conclude thinke you that the Bishops in the time of the Ghospell ought to haue this Courtly iurisdiction bicause the high Priest and the Temporall iudge did determine doubtfull cases in y e time of the olde Testament for the Priest alone did not determine all causes as you séeme to alledge the texte M. Fekenham Seconde in the Nevve Testament like as our Sauiour Christe did committe and leaue the vvhole Spirituall gouernmente of his people and Churche vnto his Apostles and to the Bishoppes and Priestes and the successours of them So they did practise all Spirituall gouernement ouer them they did execute and geue iudgement in the Churche of Christe they did refourme order and correcte all disorder therein and that vvithout all commission ayde or authority of any Temporall Magistrate Kinge or Prince for the space of three hundreth yeeres in the prymatiue Churche of Christe vnto the time of Constantine he beynge the firste Christian Kinge and Emperour vvhiche did ioyne his svvoorde to the mayntenaunce of Goddes vvoorde The B. of Wynchester Like as the Apostles had in commission power from Christe our Sauiour to whom al power was geuen both in heauen and in earth so faithfully they executed the authoritie and charge cōmitted vnto them not seeking their owne honour by vsurpation but the glory of Christ by the abasing them seles euen vnto the death Their commission regestred by S. Mathew appeareth in these wordes Go and teache al the nations baptizing them in the name of the Father and of the sonne and of the holy ghost teaching thē to kepe all thinges whiche I haue commaunded you Howe faithfully they exercised this authoritie according to the commissiō S Luke sheweth in his Chronicle called the Actes of the Apostles and setteth foorth one notable example hereof in Paules oration made to the Elders of Ephesus called to Miletum He taketh them to witnesse that he kept nothinge back from them that might be for their profit but shewed them all the councell of God It is much maruaill that Paul shewed al Gods councel vnto them yet made no mention of any Forinsecall iurisdiction as geuen them by the commission of Gods worde The godly Bishops that succeded the Apostles for many yeres after followed the doctrine and examples of the Apostles yet neuer exercising iurisdiction Forinsecal neither iudging reforming ordering or correctinge otherwise than by preaching publikely or priuately without especiall consent and commission of their Churches during the time thei
had no ChristiaÌ„ Prince or Magistrate Constantinus as I haue saide was not the first Christian king But he was the very first Emperour as your owne writers doo witnesse that gaue Bishoppes authoritie to iudge and exercise iurisdictioÌ„ ouer their Clergie and that gaue to the Bishop of Rome power and authoritie ouer other Bishoppes as Iudges haue the king ouer them and that gaue to him power and iurisdiction ouer all other Churches if that Donacon be not forged whiche Gratian citeth And Petrus Bertrandus a Bishop a Cardinal and one of your best learned in the Canon and Ciuill lawes in his treatise De origine iurisdictionum affirmeth that Theodosius and Carolus Magnus did graunte vnto the Churche all iudgementes For the proufe whereof he auoucheth diuerse decrées and addeth That such grauÌ„tes were afterwardes abrogated M. Fekenham At the first councel holden at Hierusalem for the reformation of the controuersy that vvas than at Antioche touchinge CircumcisioÌ„ and the obseruation of Moses Lavve decree vvas made there by the Apostles and Priestes vnto the beleuers at Antioche that they shoulde absteine from these fovvre chiefe and necessary thinges viz ab immolatis simulachrorum à sanguine suffocato à fornicatione à quib custodientes vos bene agetis The vvhiche first councell vvas there assembled by the Apostles of Christ The Decrees and Lavves vvere made there by them The controuersy at Antioche vvas by them reformed ordered and corrected vvithout all commission of any temporal Magistrate King or Prince The B. of Wynchester God be thanked that S. Luke maketh to vs a sufficient report of this councell who maketh no mencion of any Priest there present as you vntruely report onles ye will thinke he meant the order of Priestes whan he named the faction of the Pharisées Whether the Apostles called this councell or not or that the Congregation being assembled together in their ordinary sort for praier preaching and breaking of bread Paulus and Barnabas with the others sent to Hierusalem did declare the cause of their message before the whole Churche which is more likely I will not determine bicause S. Luke maketh no mention thereof But if it be true that ye affirme that the Apostles called or assembled this Councell Then was it not the authoritie or Acte of one Apostle alone Besides this if the Apostles called this councell they called they Layte so wel as the Clergie to the councell yea as may séeme probable mo of the Laytie than of the Clergie The decrées were not made by the Apostles alone as you falsely feyne For S. Luke saith the decrée was made by the Apostles Elders and the whole Congregation The Apostles I graunt as was moste conuenient with the Elders had the debating arguing and discussing of the question in coÌ„trouersie They declared out of the holy Scriptures what was the truthe And I doubt not but they declared to the Church what they thought most conuenieÌ„t to be determined But the determination and decrée was by the common consent both of the Apostles Elders and people Therfore this controuersy was reformed ordered and corrected not by the authoritie of the Apostles alone without the Elders neither they togeaher did it without the assent of the Churche and so this allegation maketh no deale for your purpose but rather cleane against it M. Fekenham The Apostles also hearinge at Hierusalem that Samaria had reciued the vvoorde of God they did sende Peter and Iohn to visite them to confirme them in faythe and that they might receiue the holy ghost by the imposition of their hands Paule and Barnabas did agree betvvixt them selues to visite al those Cities and bretheren vvhiche they had conuerted to the faithe The vvoordes of the Scripture are these Dixit ad Barnabam Paulus reuertentes visitemus fratres per vniuersas Ciuitates in quibus praedicauimus verbum Domini quomodo se habeant In the vvhiche visitation the Apostle Paule Electo Sila per ambulabat Siriam Cilâ—â—iam confirmans Ecclesias praecipiens custodire praecepta Apostolorum seniorum By the vvhiche vvoordes it right vvell appeareth hovve the Apostles and Priestes at Hierusalem ouer and besides the Ghospell vvhiche they taught they did make certeine Decrees Lavves and ordinaunces the vvhiche the Apostle Paule in his visitation gaue commaundement to the Syrians and Silicians to obserue and keepe VVhat Lavves and orders did the Apostle make and appoint vnto the CorinthiaÌ„s that men should neither praie nor preache in the Churche vvith their heades couered VVhat reformation and order did he make and appoint vnto them for the more honourable receiuing of the Sacrament and that partly by vvriting and partly by vvoorde of mouthe saying Caetera cum Venero disponam and in his seconde Epistle to the Thessalonians he saith Fratres state tenete traditiones quas didicistis siue per fermonem siue per Epistolam nostram VVhat orders and Decrees did the Apostle Paule make touching praiyng and preaching vnto the people in tongues vnknovven and that al vvomen should keepe silence in the Churche and Congregation These and many suche other like Lavves orders and Decrees vvere made for the reformation of the people in the Churche of Christ by Christes Apostles by Bishops and priestes as the successours of them and that vvithout all commission of any Temporal Magistrate Emperour King or Prince Constantinus being the first Christian Emperour like as I haue saide The B. of Wynchester Your whole drifte in this parte is to proue that Bishoppes and Priestes may visite geue the holy Ghoste by the imposition of their handes and make lawes orders and decrees to their flockes and cures Your proufe consisteth in the example of the Apostles and this is your argument The Apostles visited gaue the holy Ghost and made Lawes orders and decrees vnto their flockes and cures Ergo Bishoppes and Priestes haue authoritie and may make Lawes visit geue the holy ghost to their flockes and cures The insufficiency of this consequent doth easely appeare to those that doo consider the state and condicion of the Apostleship and compare therwith the office of a Bishop or Priest The Apostles did might and could doo many thinges that Bishoppes and Priestes neither may nor can doo The matter is more plaine than that needeth any proufe But as the sequele faileth in forme so let vs consider the matter wherupon ye grounde the sequele that your friendes may see what foule shiftes ye are driuen to make for the maintenaunce of an vniust claime That the Apostles did visite their cures and flockes you proue by two places of the Actes in the first place ye feine the Scriptures to saie that it sayeth not for in the eight of the Actes there is no mencion made of any visitation the other place speaketh only of a Scripturely visitation and nothing at al of your Forinsecall or Canon Lawe visitation The Canon Lawes visitatioÌ„ is to be exercised by a great nomber of such persons
as 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 hiddeÌ„ and kepte The matters of the Canon Lawe visitation are in parte these The visitour ought to viewe diligeÌ„tly 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 coÌ„trouersie which was betwixte three Rurall personnes or Priestes whereof two of theÌ„ 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 corpuÌ„ meum These two chose a thirde Prieste who was taken to be better learned to be arbytour and to decide this high quaestioÌ„ â–ª 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 coÌ„fessioÌ„ 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 CanoÌ„s 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 teÌ„porall coÌ„moditie 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 â— 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 Conuertê 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 impositioÌ„ 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
nunquid iustum videtur si cedat spiritus carni si à terrenis caelestia superentur si diuinis praeferantur humana Sed patienter quaeso accipite libertatem nostram Scio te ouem esse gregis mei scio te intra sacra altaria cum veneratione subijci manibus sacerdotis c. And by this Prophete Ezechiel almighty God saith Ve pastoribus Israel quod infirmum fuit non consolidastis quod aegrotum non sanastis quod confractum non alligastis quod abiectum non reduxistis quod perierat non quaesistis Into the vvhiche maledictions and curses the Bishoppes and Priestes muste needes encurre if they haue no Iurisdiction ouer their flocke if they may not visit them if they may not refourme them if they may not order and correct them at all times as they shall see cause Chrysostomus Homil. 5. de verbis Esaiae vbi sacerdotem astâ—uit esse medium inter Deum Hominem nullumque honorem in terris illius honori posse conferri And therefore here to conclude this my obiection vnto your L. aunsvveare I shall here finishe the same sayinge vvith the blessed martyr Ignatius S. Iohn the Euangelistes disciple Quod nemo praeter Episcopum aliquid agat eorum quae ad Ecclesiam pertinent And so to adioyne hereunto the sayinge of S. Augustine vvho in speaking Contra IulianuÌ„ ait de doctoribus Ecclesiae quod credunt credo quod tenent teneo quod docent doceo quod praedicant praedico istis cede mihi cedes c. The B. of Wynchester In all this parte there is not one sentence that can be drawen by any force to helpe your cause It suffised you to heape vp a sorte of testimonies togeather to make a shew although nothing to the purpose Yea the woordes spoken to the Prophet Hieremy maketh plainely against you For they shew that the mynisters in Gods Church haue authoritie to plucke vp by the rootes and to destroy euilles and the kingedome of Satan to plante good thinges and to edifie the Churche as the glose enterlined hath it or all maner wicked and false doctrine and what so euer the heauenly Father hath not planted as the glose ordinary expoundeth it But the meanes whereby this iurisdiction and authority is exercised is limited and appointed in these woordes Beholde I haue put my woordes in thy mouth saithe God to Hieremy So that other iurisdiction ouer people kingdomes than the preachinge of Goddes woorde Hieremy had not Hieremyes mouth is touched saith y â— glose ordinary and the Lordes woordes are geuen to him that he shoulde receiue boldenes to preache Of this holdenes to preache the woorde of God speaketh Gregory Nazianz. in the place by you alledged After he had comforted his hearers he tourneth his speache to the Princes and suche as were in authority muste wee spare you saithe he bicause of your power as though we feared or were ashamed of the libertie geuen vs of Christe Christes lawe hath made you subiect to my power and to my iudgement seate He speaketh of a spirituall subiection by faith obedience to the mynister exhortinge comfortinge and edifiyng to eternall life by the woorde of God And he addeth more expressedly what maner of rule or empyre he challendgeth namely suche as bringeth the fleashe to be subiect to the spyrite suche as maketh earthly thinges subiect to Heauenly And the subiection he requireth is none other than such as the spiritual shéepe oweth to the spiritual pastour whose rule and subiection Christe vttereth in this sentence My sheepe heare my voice and follow me I know saith Nazianzene to the Emperour that thou arte a sheepe of my flocke and thereupon he concludeth that he muste boldely preache the woorde to the Emperour that he on the other side is subiect therto ought to obey And this is the propre Iurisdiction that belongeth to the Bishoppes Priestes the whiche if they exercise with all possible diligence faithfulnes they shall escape the curses that the Prophete Ezechiel menasseth As coÌ„trarywise if they vse neuer so princely your popish or rather pompous Canon Lawe iurisdiction whiche consisteth in Courtly consistories Forinsecall iudgements farre disagreynge from the right iurisdiction of true and Christianlike Prelates they shal not in y e ende escape the deserued maledictions and curses threatned to such by the Prophet Ezechiel Chrysostome in the homily by you cited condemning the presumptuousnes of the kinge Ozias in enterprising to offer incense whiche belonged by Gods coÌ„maundement onely to the Priest doth compare the obiect or matter of bothe their Mynisteries togeather affirminge that the Priestly dignity respectinge the matter whereabout it is exercised whiche is heauenly and spirituall doth farre excéede the other for y t the matter thereof is but earthly and outwarde His woordes maketh his meaninge plaine The kingly throne saith he hath the administration of earthly thinges and hath not beyoÌ„de this power any further authority But the throne of the Priest is placed in heauen and he hath authority to pronounce of heauenly businesses who saithe these thinges the kinge of heauen him selfe what so euer yee binde vppon earthe shalbe bounde in heaueÌ„ also and what so euer ye lowse on earth shalbe lowsed in heauen also what may be coÌ„pared with this honour Heauen taketh of the earth principall authority to iudge For the iudge sitteth in the earthe the Lorde Christe followeth the seruaunt and what so euer this seruaunt iudgeth in the inferiour partes that same he Christ approueth in Heauen Therefore the Priest standeth a meane or mediatour betwixt God and mans nature bringyng vnto vs the benefites that comme from thense from Heauen c. These woordes of Chrysostome if they haue not an indifferent interpretour that will make his woordes by iuste circumstaunce to serue his meaninge and not to binde his meaninge to his bare woordes will make Heauen to receiue authoritie of the Earth will proue Christe to be inferiour to the Prieste and the Priest to haue the mediation betwixt God and man by meanes whereof wee may receiue the Graces that cummeth from Heauen whiche mediation belongeth onely to Christe Now sith in al these obiections hitherto ye haue brought foorthe nothinge at all that eyther made not againste your selfe or that maketh any whitte for you it is more then time yée drawe to Conclusion and bycause no good Conclusion can followe of euill premisses yée were dryuen to conclude finishe vp your obiection with the like patchinge wrestinge and falsifiynge your Authours as yee did before and therefore in the Conclusion like to him that hauinge no right to any claymed all to obteine somewhat at the least Euen so you to prooue that your Bishops and priestes haue al iurisdiction Ecclesiastical alleage a peece of a seÌ„tence out of Ignatius which barely by it selfe recited géeueth not onely all that vnto the Bishop but al thinges belonginge to the Church besides and that no man may