three or foure at the table who esteemed that which I had said not for a paradoxe but for an Adoxe or flat absurditie seeing many Christian countries both lately and at this present haue admitted forain gouernment in matters of religion By this time the Basons and Ewers were set vpon the table and all of vs were attentiue to the giuing of thankes After wee had washed and the cloath was taken away N. in this sort renewed speech What hath been the vse of auncient Empires and Common-wealths concerning supreame gouernment in matters pertaining to religion I haue not I doe confesse obserued But it seemeth indeed that the politicall gouernment in Ecclesiasticall affaires should be a point of Regalitie and that it is a hard matter if not impossible for any state either to grow or long time to continue very great wherein a forraine power doth hold the regiment in religion At the least either to grow or continue any greater then that forraine power shall thinke expedient That which from me was openly reiected being allowed by N. and in the very same words by him repeated found good acceptance among the rest Whereupon I tooke occasion to say that speech I perceiued was oftentimes like vnto coine which passed for currant not in regard of the mettall onely but chiefely in regard of the stampe that was set vpon it Nay said N. beautifying his speech with a courteous smile we will also bring your mettall to the touch There is but one truth in religion which is not subiect to any humane power but the discipline thereof or matters of circumstance and externall forme are held by our Church to depend vpon the power of the Prince If question be made touching matter of substance the same also may be determined within the realme by the Clergie thereof assembled together by authoritie of the Prince Or if the Clergie of any other countrie should be taken to assistance or aduice they come as equals and not as superiours For so Eusebius reporteth that Cyprian Bishop of Carthage did aduise with the Bishop of Rome concerning the affaires of the Church and that Dyonise of Alexandria aduised in like sort with Cornelius Stephen and Sixtus Bishops of Rome without attributing vnto them either title or qualitie otherwise then as men of their owne order and ranke Now I haue read many controuersies in Diuinitie concerning this question whereof the multitude doth rather cloy then content and therefore I will not embarke you in that disputation If you can make proofe out of other writers that this authoritie in matters of religion is a right of Regalitie it will follow I suppose that it cannot without apparant danger depend vpon a foraine power If also you do manifest that in all principall Empires and Common-wealths this authoritie hath bin exercised by the chiefe in state you may probably conclude that it is a Regalitie For these rights doe little varie but remaine in a manner the very same in all states of what kind soeuer they are And although true religion is reuealed vnto vs by God yet religion in the generall proceedeth from nature in regard whereof there is some coherence and communitie in all sorts of religions as to acknowledge that there is a God to worship him to worship him by oblation and sacrifice c. For although all nations doe not acknowledge and worship the true God yet there is no nation as Cicero saith which doth not both acknowledge and adore some These generall points which naturally or by consent of nations are common in religion may well bee considered without contending which religion in particular is true For this will hardly by all parties be agreed because euery man as Philo saith either by vse or by instruction iudgeth his owne religion best So Chrysostome affirmeth that in all differencies of religion euery man will say I say true But this argument which you haue propounded being new this point being not pointed at by any whom I haue seene I would gladly here you fortifie the same The argument being new answered I and now newly raysed into question you must not engage your expectation too farre I shall doe much if I minister some matter for better iudgements to work into forme The rights of Soueraignty or of maiesty so termed by Cicero and by Liuie the rights of Empire and of Imperiall Maiestie by Tacitus sacraregni by Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by the Lawyers Sacra sacrorum sacra indiuidua iura sublimia by the Feudistes iura regalia are nothing else but an absolute and perpetuall power to exercise the highest actions and affaires in some cretaine state These are the proper qualities of Soueraigne or Maiesticall power that it be both absolute and also perpetuall If it be absolute but not perpetuall thâ—n is it not soueraigne for such power hath been oftentimes committed by the Romanes to their Dictators by the Lacedemonians to their Harmostes by many Kings to their Regents Viceroyes or Lieutenants But because they haue no proprietie of power inherent in them but only an execution or exercise thereof committed to their charge vnder limitation of time because also it may vpon iust cause bee reuoked within that time they are not accounted to haue the same in Soueraignetie And this holdeth true although such power bee committed for a very long time as the Athenians did to their great Archos for tenne yeres although it bee committed also in a most ample manner which the auncient Latines called optima lege without controlement or account such as had the Pontifices in Rome or as the Cuidians euery yeere chose 60. of their Citizens whom for this cause they called Amimones that is men without imputation or account And lastly although it be without certaine limitation of time as sometimes had the Regents of France created for the infancie furie or absence of their King who before the law of Charles the fifth dispatched matters in their proper name Againe if it be perpetuall but not absolute as either depending vpon some other or else giuen either vpon charge or with exception and restraint then is it not soueraigne For such power was giuen by decree of Charles the fifth Emperor to the Senate of Milan To confirme the constitutions of the Prince as also to infirme and abrogate the same to dispence contrarie to the statutes to make enablements giue prerogatiues graunt restitutions c. that no appeale should be made from the Senate c. And whatsoeuer they should doe should haue like force as if it were done or decreed by the Prince Yet might they not graunt pardon for offences or giue letters of safe conduct vnto parties conuicted So likewise in the ancient forme of inaugurating the Kings of Arragon the great Magistrate or Iustice said thus vnto him Wee who are in vertue not inferiour and in power greater then thy selfe create thee King yet with this condition that one amongst vs shal haue
more power and command then thy selfe I will not particularly rehearse what actions are proper vnto soueraigne power generally it may be said that those affaires of state which are of greatest importance and weight are annexed vnto the soueraigne Maiestie and cannot be separated from the same For because some matters are of so high nature that vpon the ordring of them dependeth not onely the honour and dignitie but the safetie also and libertie of the people not the florishing constitution only but the very life and being of the Common-wealth it hath been thought fit by generall consent of Nations that they cannot bee managed by any other authoritie than that wherein the soueraignetie is setled whether it be in one man as in a Monarchie or in a few as in an Aristocrace or in all as in a popular or Democraticall gouernment They cannot bee vsurped they cannot be prescribed they cannot bee distracted or aliened from the same they cannot be absolutely exercised by any other than by them who beare the supreame Maiestie They to whose trust a Common-weale is committed must order the chiefest affaires of the same they who are appointed for the very head of a societie must giue both direction and motion to the principall actions of the whole bodie And therfore they are termed sacra sacrorum as hath been said and also iura indiuidua because they are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the firme foundation and groundworke of a state and can no waies be separated from the soueraigntie thereof But there is nothing in a Common-wealth of so high nature nothing of so important weight as is Religion for this conserueth families as Euripides testifieth and is a most excellent ornament in a Citie yea Lactantius affirmeth it the onely meanes to knit and conserue men in mutuall societie and that without religion the life of man would be filled with all foolishnes madnesse and mischiefe So likewise Plutarch calleth religion the band which containeth all societies and the very foundation of iustice and lawes For as a building cannot be either faire or firme if the foundation be not fairely and firmely laid so if there bee defect in this part of gouernment the whole frame of state will be neither seemly nor yet sure Sinesius saith First let pietie be setled the base and piller whereupon this Statue of a kingdome shall firmely stand Plutareh was of opinion that a Citie might more easily be built and not vpon the ground than a Common-wealth either constituted or conserued if you take away Religion And therefore Numa in Liuie did first of all establish Religion as a most effectuall thing to settle the vnskilfull multitude Afterwards also Valerius witnesseth that the Citie of Rome made lesse estimation of all things than of Religion For this cause likewise Aristotle affirmeth that the principall care in a Common wealth must be concerning matters of Religion First for that it setleth obeâ—tence and quiet within the state being a bridle to retaine men in order and in awe for so Cyrus reasoneth in Xenophon If all men should be religiously affected they would beare themselues more iust and vpright in cariage both among themselues and towards him Secondly for that it is an assured defence for so Trismegastâ—s saith Pietie is a custodie and defence Thirdly for that it aduanceth victories abroad For so Cicero aduoweth that not by policie not by power but by pietie and religion the Romanes vanquished all other nations And so Valerius hath written Empires haue not thought much to submit themselues to sacred seruice suppâ—sing to obtaine the rule of humane affaires if they were we and constantly seruiceable in diuine Also the Poets Dis te minorem quod geris imperas Generally for that in all affaires whether publike or priuate it draweth our endeuours to a prosperous euent for the most part better found in the end than it can be coniâ—ctured by the meanes For so Aristotle did acknowledge That God is more fauourable and inclinable to those by whoÌ„ he is most honoured On the contrarie it is impossible for that State to stand much lesse to florish and thriue where those two extreames of religion are highly in strength whereto Plutarch saith the weakenes of man is exceeding prone the one is vaine superstition the other is cold carelesnesse and proud contempt The first Plutarch doth appropriate to barbarous people Seneca termeth it a mad error Cicero saith that it stirreth the minds of men and maketh them vnquiet And that it breaketh the courage and heart Lucretius doth in these words affirme Faciunt animos humiles formidine diuûm depressosque premunt ad terram The second is called by Hermes a great disease and sicknes of the soule making it inclinable to all actions that are euill From hence ariseth discord and disturbance in the state from hence Cicero saith great calamities are cast vpon it which is also confirmed by that of Horace Di multa neglecti dederunt Hesperiae mala luctuosae For these causes Cicero obserued that the Common-wealth of the Romans was most enlarged vnder the command of them who had religion in regard After him Constantine the Emperour left written that a Common-wealth is contained in order more by religion then by trauaile of body And Iustinian also professed that he was the more carefull about the gouernment of the Church because If that be kept in good fashion and forme the other parts of gouernment shall thereby be redressed Hereupon also it is necessarilie expedient that they who beare the soueraigntie of State should alwaies manage the affaires of religion either by themselues or by some at their appointment within the same State and neuer receiue direction and rule from a foraine power For the Church saith Optatus is a part of the State and as another said Religion must bee in a Common-wealth and not the contrarie Vpon which ground Diotogenes in Stoboeus said A perfect King must of necessitie bee a good Commander and Iudge and Priest And againe the best must bee held in honour by the best and that which ruleth by him that beareth rule But Aristotle in this point is most expresse For I must often cite these Authors to giue satisfaction vnto those who regard more by whom a thing is spoken then what is said The King saith hee is ruler and directer of those things that pertaine vnto the Gods Whereunto somewhat agreeth that of Iustine he is accounted next vnto God by whom the Maiestie of God is maintained For how should he be esteemed a Soueraigne who in the greatest actions and affaires of the State acknowledgeth the iurisdiction of another greater then himselfe what maiestie should he be adiudged to beare who is vnder the authority of another man to reuerse his
that they must seeke the Pope for receiuing the Imperiall crowne whereforuer he shall be and follow him if he chance to remoue with diuers like tokens and testimonies of deâ—ection of the Maiesty of that State and subiection thereof to the Sea of Rome For further declaration whereof during the life of the Emperour the Popes challenge to be his Iudge and the Emperiall feate being void they claime the exercise of Imperiall power and haue giuen inuestitures and receiued fealtie of those who held of the Empire as of Iohn and Luchiâ— Vicounts of Milane For which cause the Canonists also who set vp these strings to the highest strame doe maintaine opinion that the Emperour cannot resigne his Imperiall dignitie to any other then the Pope and that it is a streine of heresie not to beleeue that the Emperor is subiect to the Pope and that the Emperour is but the Popes Minister to vse his sword only at his becke Lastlie Pope Clement the fifth expressely declared by decree that the oath which the Emperour maketh to the Pope is no other then an oath of fealtie Neither hath it been against the Empire only that the Popes haue had this power to preuaile but against diuers other Christian countries in so much as they haue claimed to hold either as feudataries or as trubutaties to their Sea the kingdomes of Naples Sicilie Hierusalem Sardinia Corsica Arragon Portugale Nauarre Ireland England Scotland Poland Hungarie to which Cuiacius adioyneth the kingdome of France which Pope Boniface the eight declared to be deuolued to the Church for the contempt and disobedience of King Philip the faire And Pope Alexander the sixt in diuiding the late discouered parts of the world betweene the Kings of Castile and Portugale expressely reserued to his Sea the Iurisdiction and soueraignety of them by consent of both Kings who from that time became his vassals of all the purchases and conquests which before they had atchieued or intended to enterprise in times to ensue Generally they do challenge temporall soueraigntie in all countries habitually at the least which at pleasure they may produce into act whereby the subiects of any State may haue recourse vnto them to some complaint or suite against their Prince to be relieued or protected by them and to receiue priuiledges and immunities at their hands Whereby also they may iudge the actions of Princes and vpon such cause as they shal thinke meet punish excommunicate de priue them denounce publike warre against them free their subiects from subiection vnto them As Pope Pius the first not only absolued the subiects of England from their alleagance to the late Queene Elizabeth but commanded them also to turnâ— traytours and take armes against her After which Bull few yeeres passed without some notable attempt either against her person or against the State It would be very redious to giue but a light touch to all the desperate distresses that hereupon haue bin occasioned in diuers foraine countries which out of their Annal may be furnished with ease And the sequell now sheweth that the chiefe encrease and establishment of the Turkish Empire hath proceeded from the outragious warres which by this meanes haue been occasioned among the Christians which made Europe on all sides to bath her limmes in the blood of her children Against our owne State we cannot be ignorant what heretofore hath bin acted especially vnder the raigne of King Iohn What hath been lately what freshly what is daily attempted it cannot possiblie escape the memorie of those that liue in this present age and for helpe of those who are to succeed report there of shall be made at large in a historie Intended for the times lately passed and now presently running The accumulating of these examples in this place would be a matter of some labour for cleering that which hath litle doubt Thus much in substance but somwhat more briefly deliuered it seemed that there was not any man in that presence who either in replie or in supplie had not somewhat to say That only was a hinderaÌ„ce to the discharging of their minds which is pleasantly said to haue dissolued the Parliament of women because they could not agree to speake one at once Many shewed themselues so impatient of silence and they who vpon aduisement could haue said least were vpon the suddaine most franke and forward in words At the last that which was the cause that no man could haue free libertie of speech did driue them all into a dumbe dumpe which opportunity was forthwith apprehended by a thick Theologian whose formall attire countenance and cariage was a good supplie to other defects And so hauing composed himselfe to al complements of grauitie and grace he began his speech after the set and solemne manner of those disputers who contenting themselues with commendation of memorie doe more diligently endeuour to repeate then to reply You haue declared vnto vs said he that the proper qualities of the rights of Maiestie are to be both perpetuall and also absolute as neither depending vpon any other nor yet held either vpon charge or with exception and restraint That these rights coÌ„sist in managing affaires of highest nature which cannot be separated from the soueraigne power because vpon the guiding of them all the fortunes of a State do follow That nothing is of so high nature in a State as is religion and that therefore the ordering thereof is annexed as a right of Maiestie to the soueraigne power whether it be setled in a King or in the Nobilitie or in the peopleâ— For seeing religion commandeth the conscience and holdeth the soule in subiection if supremacâ—â— therin be acknowledged to be in a forren Prince the sinewes of domesticall soueraigntie are cut in sâ—nder You haue brought certaine examples of dangerous consequence when either strangers or subiects haue bin followed for religion You shewed yâ— for auoiding the like dangers two policies were anciently obserued one consisted in excluding external ceremonies rites the other in setling the gouernment for matters in religion in the supreame power and authority in the State That this last was practised among the Iewes Aegyptians in diuers other countries In the foure great Monarchies also of Assyria of Persia of Graecia and of Rome Of Rome you say first vnder the gouernment of Kings secondly in the popular state thirdly vnder Heathen Emperours and lastly for a good space vnder Christian Emperors who in matters of circumstance and of external forme in religion both vsed and were acknowledged to haue supreame authoritie of whose lawes diuers were afterwards either assumed by Popes or attributed vnto them Concerning matters of substance and of internall forme they assembled generall Councels wherein they held the Primacie and confirmed the acts of them by Imperiall decree You declared also that when Constantinople was aduanced to be the head of the Empire a stiffe strife did arise
iudgements to correct his lawes to restraine or constraine him at pleasure and with case Religion is seated within the soule and conscience of man and is a most potent ruler of the same The life saith Plinie consisteth in religion If then the consciences of a people be commanded by a stranger if their soules be subiect to a forraine power if their liues be at the seruice of an external Prince it is but a weake but a dead dominion which the naturall Prince shall hold ouer their bodies That Prince whose subiects soules are in subiection to a stranger for matters of religion shall neither preuaile more against his enemies nor beare greater authoritie amongst his owne people then that stranger shall limit him leaue All men of themselues are moued with religion but when they are also thrust on by those who make it their purchase as Liuie speaketh to possesse soules with superstition then doe they not inconsideratly only but in a wild furie runne and rush vpon most desperate aduentures The multitude saith Curtius being weake fierce and mutable when it is once possessed with vaine religion is more obedient to their Priests then to their Commander or Prince Diodorus Siculus hath a memorable Historie concerning this point of the Priests of Iupiter in the Iland Meroe enuironed with the riuer Niliu who held the people of Aethiopia in so superstitious dependancie vpon them that they would send to them at pleasure and giue in charge the slaughter of their Kings no man making offer either to deny or to delay their cruell command vntill Ergamenes a King of Aethiopia suddenly surprised and slew them all whereby both their office and authority did surcease Florus writeth that Eunus a slaue counterfeiting a fanaticall furie and pretending some diuine inspiration was able to see 60. thousand armed men in the face of the Romans euen in the principal time of their policie and strength being then hardlie able to deliuer Sicilia froÌ„ his subiection Iosephus reporteth of an Aegyptian in the time of the Emperour Claudius who bearing himselfe to be a Prophet vnder that pretext adioined 30. thousand men vnto him in the country of Iudea with whom he maintained head against the forces of the Romans Tacitus writeth the like of Maricus who giuing forth that he was the God and deliuerer of Gallia drew 8. thousand men vnto him with whom he attempted against the Romane garrisons One of our late writers reporteth that because in one chapter of the Alcoron all the Musulman Princes are forbidden to call themselues Lords except their Caliph or great Vicar of their Prophet Muhamed by colour thereof the Mahometan Bishops vsurped absolute soueraignety aboue all their Princes disposing of principalities at their pleasure vnder the name and title of gouernments At last the Muselman Princes supposing that Chapter not to haue been inserted by Mahamed their Law-giuer but by their Caliphes for aduancing their owne authoritie at such time when of diuers corrupt Alcorons they composed one long time after the death of Muhamed they tooke aduantage of a diuision among their great Bishops when three of them did take vpon them the title of great Caliph together and thereupon the Princes of Persia the Curdes the Turkes the Tartars the Sultans of Aegypt the Kings of Marrocco of Fez of Telensin of Tanes of Bugia the people of Zenetes and of Luntune quitted themselues of their obeysance to the Caliphes and maintained Soueraigntie within their states Elmahel in Africa hauing gained a great opinion of sanctitie among the people of Marocco raised them against Abraham their King and dispoyled him both of his Empire and life With like industrie and art an other impostor called Chemin Mennal stirred the people against the King of Fesse and constrained him by armes to yeeld vnto him the kingdome of Temesna Schacoculis being of the sect of the Persians by pretence of piety gathered such strength that he tooke many Cities in Asia ouerthrew the Turkes forces in three great battailes and brought his whole Empire to a dangerous distresse How Iohn of Leiden a Taylor by his trade set all Germany in vproare and in armes by bearing himselfe to be a principall man in religion it scarce exceedeth the memory of this present age And what practises in this kind haue been either atchieued or attempted in other Christian countries I shall haue occasioÌ„ hereafter to touch But for auoiding of these and the like dangers I find that two policies were aunciently obserued One consisted in excluding all externall ceremonies and rites the other was in commâ—ting the gouernment for matters of Religion to the soueraigne power and authoritie in the State In regard of the first the Iewes would not conuerse or accompanie a man who was not of their owne religion Among the Grecians Socrates and Protagoras were condemned Anaxagoras and Aristotle were accused for holding opinions contrarie to their receiued religion Iosephus writeth that the Athenians had a seuere law against any man who should speake a word in religion against that which was established by law The Scythians put Anacharsis to death for performing the tites of Bacchus after the manner of the Grecians Liuie writeth that among the Romanes the Aediles receiued in part of their charge that no externall religion or ceremony should be brought in And to the same purpose M. Aemilius recited a decree that no man should sacrifice in a publike or sacred place after a new or externall rite How often saith the same Liuie haue our fathers and ancestors giuen charge to the Magistrates that externall ceremonies should bee forbidden Maecenas in Dio gaue this exhortation and aduice to Augustus Obserue religion after the fashion of your country and compell others to do the like but those who bring in strange and foraine rites hate and correct because they perswade many to worke alterations from whence conspiracies and seditions are oftentimes occasioned Concerning the second point Iustine reporteth that it was a custome among the Iewes to haue the same men both Princes and Priests This was at sometimes true in the gouernment of the Iewes At other times the Kings gaue order in matters of religion and appointed not only inferiour Priests and officers as did Iosias but also high Priests as did King Salomon to execute the same For this cause Moses left in charge that the King should reade in the booke of the law all the daies of his life that he might learne to feare the Lord his God and to keepe all the words of that law and those ordinances for to dee them For this cause also they were sacred with oyle to declare saith Eusebius both their dutie and authoritie in matters of religion From hence it proceeded that as the Kings prooued good or euill so the true religion was either obserued or neglected From hence also Tacitus hath