An ansvveare made by Rob. Bishoppe of VVynchester, to a booke entituled, The declaration of suche scruples, and staies of conscience, touchinge the Othe of the Supremacy, as M. Iohn Fekenham, by vvrytinge did deliuer vnto the L. Bishop of VVinchester vvith his resolutions made thereunto.

An ansvveare made by Rob. Bishoppe of VVynchester, to a booke entituled, The declaration of suche scruples, and staies of conscience, touchinge the Othe of the Supremacy, as M. Iohn Fekenham, by vvrytinge did deliuer vnto the L. Bishop of VVinchester vvith his resolutions made thereunto.

Table of contents

Title page

The Praeface.

AN ANSVVEARE TO Maister Io. Fekenham.

[Page]

AN ANSVVEARE TO Maister Io. Fekenham.

Maister Fekenham.

The declaracion of such scruples and stayes of conscience touchyng the Othe of Supremacie as M. Iohn Fekenham by vvritinge did deliuer vnto the L. Bisshop of VVinchester, vvith his resolutions made thereunto.

The Bisshop of Wynchester.

THe proprety of him that meaneth to declare rightly any matter doone, is to set foorth the trueth without malice, to obserue the due circumstances of the matter, persones, & times: and to vse simple plainesse without guileful ambiguities. This Title is so replenisshed with vntrue reporte, & ambiguous sleightes, without the note of any necessary circūstance, yt there is not almost one true woorde therein: wherby you geue at the first a taste to the indifferent reader, what he must looke for in the sequele.

You pretende, and would haue your friendes to thinke, that the first fower chiefe pointes set foorth in your booke, were deuised by you, put in writing, and so deliuered vnto me, as the matter and grounde whereuppon, the conference to be had betwixt me & you should stande: And that I made therunto none other but suche resolucions, as it hath pleased you vntruely to report. In the first parte, you conueigh an vntrueth vnder a coulorable and ambiguous meaning, in these woordes, as M. Iohn Fekenham by vvritinge did deliuer vnto the L. Bisshop of VVynchester. In the other parte, you make an vntrue reporte without any coloure at all. I doo graunt and will not denie, that you deliuered to me a booke: whiche, I thanke God, I haue to shewe, whereby to disprooue you. The same will declare [Page] the time when, the place where, the occasion wherefore, the personnes to whome the booke was written, and what is the matter in generall therein conteyned: Whereunto must be added, at what time the same was deliuered vnto me, vpon what occasion, and to what ende. All whiche circumstances you omitte in your booke published, least you shoulde haue bewrayed your selfe, and haue appeared in your owne likenesse.

The booke by you deliuered vnto me, touchinge the Othe, was writen in the Tower of London (as you your selfe confessed, and the true title thereof doth plainely testifie) in ye time of the Parliament holden Anno quinto of the Q. Maiestie. Ianuarij. 12. at whiche time you litle thought to haue soiourned with me the winter followinge, & much lesse meante, to deliuer me the scruples and staies of your conscience in writinge, to be resolued at my handes. And although you woulde haue it seeme by that you haue published abroade, that the cause why you wrote, was to be resolued at my hande: yet the trueth is (as you your selfe reported) that you & your Towerfellowes, hearinge that the Statute mooued for the assuraunce of the Quéenes royall power, would passe & be established, did conceiue that immediatly after the same session, Commissioners should be sente vnto you, to exact the othe. Wheruppon you to be in some areadines, to withstande and refuse the duetie of a good subiect, not without healpe of the rest (as may be gathered) deuised the matter conteyned in the booke, committed the same to writinge, and purposed to haue deliuered it for your aunsweare touchinge the Othe of the Supremacie to the Commissioners, if they had come. This may appeare by the title of that booke that you firste deliuered to me whiche is woorde for woorde as followeth.

The ansvveare made by M. Iohn Fekenham Priest, and prisoner [Page] in the Tovver, to the Queenes highnes commissioners, touchyng the Othe of the Supremacie.

In this title there is no mencion of scruples & stayes deliuered to the Bishop of Wynchester, but of aunsweare to the Quéenes commissioners. I am not once named in the title, ne yet in the booke deliuered to me: neither is there one woorde as spoken to me: although in the booke set abroade, you turne all as spoken to me. In your booke published are founde these kindes of speaches: To the L. Bishop of VVynchester. VVhen your L. shalbe able &c. I shall ioyne this issue vvith your L. &c. But it is farre otherwise in your booke deliuered to me, namely: To the Queenes highnes cōmissioners. VVhen ye the Queenes highnes cōmissioners shalbe hable &c. I shall ioyne this issue vvith you, that vvhen any one of you, the Queenes highnes cōmissioners. &c. From October, at what time you were sente to me, vnto the ende of Ianuary, there was daily conference betwixte vs in mattiers of Religion, but chiefely touchinge the fower poyntes, whiche you terme scruples & stayes of conscience, and that by woorde of mouthe, and not by any writinge. In all whiche pointes, you were so answeared, that you had nothinge to obiecte, but séemed resolued, and in a manner fully satisfied. Whereuppon, I made afterwarde relation (of good meaninge towardes you) to certaine honourable persones of the good hope I had cōceyued of your conformitie. At whiche time, a certaine friende of yours standing by, & hearing what I had declared then to the honorable in your cōmendacion, did shortly after reporte the same vnto you, which as it séemed you did so much mislike (doubtinge that your confederates should vnderstande of your reuolt, which they euer feared, hauing experience of your shrinkyng from them at Westminster in the conference there, the firste yéere of the Quéenes Maiestie) that after that time I founde you alwaies muche more repugnant, [Page] and contrary to that wherin ye before times séemed in manner thoroughly resolued: And also to goe from that you before agreed vnto. By reason wherof, when in debatinge betwixt vs, you vsinge many shiftes, amongst other did continually quarell in Sophistication of woordes, I did will you, to thende we might certainly goe forwarde in the pointes materiall, that you would wryte your Positions or Assertions in fourme of Propositions: which I coulde not cause you to doo in any wise, but yée would still stande vncertainly in grauntinge & deniyng at your pleasure: Yea, although I for the better agreement to be had, did drawe such in fourme of Assertion, & gaue them in writinge vnto you, as I gathered of your owne mouthe to be your opinion: yet woulde yée in no wise stande to, & reste in any one certainly, but vsed still your accustomed wrāglinge and wanderinge at large. Whiche your behauiour so muche misliked me, that I coulde not but ernestly chardge you with inconstancy, in that yée woulde sometimes denie, that yée before had graūted: and also graunt, that yee before had denied. Then beynge so muche pressed herewith, and perceyuing that your froward quarellinge with the plaine woordes of the Statute, coulde no lenger couer your euill meaninge, at the length you did require, that I woulde put in writinge the woordes of the Othe, with the sence or interpretation added thereunto, as you consideringe theruppon, might deuise the fourme of your Propositions, wherupon wée might afterwardes debate. By this it may appeare, bothe how vntrue it is, that you hitherto had deliuered vnto me any such scruples of yours in writinge, as you pretende in the title (for then I néeded not to haue sought any Propositions of your Assertions) and also how vntrue this is, that the interpretation of the Othe whiche I wrote at your request, before I euer sawe [Page] any writinge of yours, was to aunsweare your scruples and staies deliuered to me in writinge.

After this in February followyng, certaine persones of woorship resorted to my house, partly to sée me, & partly to heare somewhat betwixt me and you. And after that wée had reasoned in certaine pointes touchinge Religion, wherein yée séemed openly to haue litle matter to stande in, but rather did yelde to the moste in substaunce that I had saide: neuerthelesse beinge after withdrawen in some of their companies, although yée did seeme openly to consent and agrée with me in that I had said: Yet (saide you,) The mattier itselfe is grounded here, (pointing to your breast) that shall neuer goo out. Which beinge tolde me, I did vehemētly then challendge you for your double dealinge, and colourable behauiour: sayinge, that I thought you did not that you did, of any conscience at all: & therfore compted it but lost labour, further to trauaile with suche a one as had neither conscience nor cōstancie. But you, to shewe that ye did all of conscience, shewed me both what yee had suffred for the same in diuerse manners, and also howe the same was grounded in you longe before. For proufe whereof, yée offred to shewe me a booke of yours, that yée had deuised in the Tower, & the same shortly after did deliuer vnto me, not as your scruples and doubtes to be resolued at my hande, wherein yée séemed in our conference before had, resolued: but onely to declare, that the mattier had béen longe before settled in you, and this was thonly and méere occasion of the deliuery of the saide booke vnto me, entituled as is before declared & not otherwise.

But as you haue cast a miste before the eies of the readers, vnder the speache of a deliuery in writinge, without notinge of any circumstance that might make the mattier cléere, wherein you shewe your selfe to haue no good meaninge: [Page] euen so haue you set foorth resolucions of your own deuise vnder my name, bicause you are ashamed to vtter mine, whereunto you yelded, and were not hable to answeare.

M. Fekenham.

For asmuche as one chiefe purpose and entent of this Othe is, for a more saulfgarde to be had of the Queenes royall personne and of her highnes most quiet and prosperous reigne: I doo here presently therfore offer my selfe to receiue a corporall Othe vppon the Euangelistes, that I doo verily thinke and am so persuaded in my conscience, that the Queenes highnes is thonly supreme gouernour of this realme, and of all other her highnes Dominions and Countreis accordinge as thexpresse vvoordes are in the beginning of the saide Othe. And further I shall presently svveare, that her highnes hath vnder God, the soueraigntie and rule ouer all manner of persones borne vvithin these her highnes realmes of vvhat estate (either Ecclesiasticall or Temporall) so euer they be.

The B. of Wynchester.

How so euer by woordes you woulde séeme to tendre her Maiesties saulfty, quietnes, and prosperous reigne, your déedes declare your meaninge to be cleane contrary. What saulfty meane you to her person, when you bereue the same of a principall parte of the royall power? what quietnesse séeke you to her persone, when one chiefe purpose and entent of your booke published, is to stay & bring her subiectes to an heretical misliking of her royall power, whiche is a preparation to rebellion against her persone? How much prosperitie you wishe to her Maiesties reigne appeareth, when that with diepe sighes and grones you looke daily for a chaunge therof, and tharche Heretique of Rome, your God in earthe, to reigne in her place. If I knewe you not right well, I shoulde maruaile, that you shame not to affirme, sayinge: I doo here presently therfore [Page] offer my selfe to receyue a corporall Othe: and further I shall presently svveare &c. Séeinge that you neuer made to me any motion of suche an offer, neither did I at any time require you to take any Othe.

You thinke & are so persuaded in conscience (if a man may trust you) that the Quéenes highnes is the only supreme gouernour of this Realme, and of al her dominiōs and countries, and hath vnder God, the soueraigntie and rule ouer all manner of persones, borne within her dominions of what estate either Ecclesiasticall or Temporall so euer they be. Wherunto I adde this consequent which doth necessarily follow, Ergo: Your holy father the Pope is not (as you thinke in your conscience) the supreme gouernour ouer her highnes dominions, nor hath the soueraigntie or rule vnder God ouer any personnes borne within the same.

The Quéenes maiestie muste néedes herein take you but for a dissembling flatterer, in that you wil séeme somtime in generall speach, to attribute vnto her thonly Supremacie vnder God, ouer her dominions and subiectes whiche you meane not, for within a while after in plaine woordes you denie the same. And your holy Father will geue you his curse, for that being his sworne Aduocate, at the first entry in to the plea, you geue from him the whole title of his vniust claime, to wit, the supreme gouernaūce ouer the Quéenes highnes dominions and people. You must now therefore make some shifte, and call to remembraunce one sleight or other by some distinction, whereby to auoide your holy Fathers curse, that you may continue vnder his blessinge. You will expounde your meaninge by restreiguyng the supreme gouernment of the Quéenes maiestie onely in causes Temporall, and not in causes or thinges Ecclesiasticall. But this distinction commeth to [Page] late, and will doo you no ease, for that in both these kindes of causes you haue already graūted vnto her the onely supreme gouernment: and that as you verily thinke persuaded in conscience: wheruppon you offer to receiue a corporall Othe vpon the Euangelistes. And this your graūt passed from you by these woordes: Ouer all manner persones borne vvithin her dominions of vvhat estate either Ecclesiasticall or Temporall so euer rheybe: In this that you graunt vnto her highnes thonly supreme rule ouer the Lay and Ecclesiasticall persones: you haue also concluded therewith in all causes bothe Ecclesiasticall and Temporall, whiche is plainely and firmely prooued by this argument followyng.

A supreme gouernour or ruler is one, who hath to ouersee, Definition of a gouernour. guyde, care, prouide, order and directe the thinges vnder his gouernment and rule, to that ende, and in those actions whiche are appointed and doo properly belonge to the subiect or thinge gouerned. So that in euery gouernment and rule there are thrée thinges necessarily concurraunt: the Gouernour, the Subiect, or mattier gouerned, and the obiect or mattier wherabout and wherein the gouernment is occupied & doth consiste. But the Quéenes highnes, by your owne confession, is the onely supreme gouernour ouer al manner persones Ecclesiasticall borne within her dominions: Ergo: Her highnes thonely supreme gouernour ouer suche persones hath to ouersée, guyde, care, prouide, order, and directe them to that ende and in those actions whiche are appointed and doo proprely belonge to Ecclesiasticall persones. And so by good consequent you haue renounced al foreine gouernment. For this exclusiue, Onely, doth shut out all other frō supreme gouernment ouer Ecclestasticall personnes: and also yée doo affirme the Quéenes maiestie to be supreme gouernour [Page] in those actions whiche are appointed, and that doo proprely belonge to Ecclesiastical persones, which are no other but thinges or causes Ecclesiasticall.

M. Fekenham.

And of my parte I shall svveare to obserue and perfourme my obedience and subiection vvith no lesse loyaltie and faithfulnes vnto her highnes, then I did before vnto Queene Mary, her highnes sister of famous memory, vnto vvhome I vvas a svvorne Chaplaine and most bounden.

The B. of Wynchester.

Like an vnfaithful subiect contrary to your Othe made to Kinge Henry, and continued all the reigne of Kinge Edwarde, you helpt to spoile Quéene Mary of famous memory of a principall parte of her royall power, righte and dignitie, whiche she at the beginninge of her reigne had, enioyed, and put in vre. The same obedience & subiection, with the like loyaltie and faithfulnes, yée will sweare to obserue & perfourme to Quéene Elizabeth, but she thanketh you for naught, she will none of it, she hath espied you, and thinketh, yée profer her to muche wronge.

M. Fekenham.

And touchyng the rest of the Othe, vvhereunto I am required presently to svveare, viz. That I doo vtterly testifie and declare in my conscience, that the Queenes highnes is the onely supreme gouernour of this realme, asvvell in all Spirituall or Ecclesiasticall thinges or causes, as Temporall: I shall then of my parte be in like readines, to receiue the same, vvhen your L. shalbe able to make declaration vnto me, hovv and by vvhat meanes, I may svveare therunto, vvithout committinge of a very plaine and manifest periury: vvhiche of my parte to be committed, it is damnable sinne, and against the expresse vvoorde of God vvriten, Leuit. cap. 19. Non periurabis in nomine meo, nec pollues nomen Dei tui. And of your parte to prouoke [Page] me or require the same, it is no lesse damnable offence. S. Austine in vvitnes thereof, saithe: Ille qui hominem prouocat ad iurationem &c. He vvho doth prouoke an other mā to svveare, and knovveth that he shall forsvveare him selfe, he is vvorse then a murtherer: bicause the murtherer sleeth but the body, and he sleeth the soule, and that not one soule, but tvvo as the soule of him vvhome he prouoketh to periury, and his ovvne soule also by ministringe the occasion thereof. And the pointes of this Othe, vvhereunto I cannot presently svveare vvithout moste plaine and manifest periury, are these fovver follovvinge.

The B. of Wynchester.

As in that whiche goeth before, you couertly vttered many vntrueths? although sometime yée stomble on the trueth against your will: so in the rest you fall to plaine & manifest vntrueths: least men shoulde not perceiue what you are. You were neuer by me required to sweare, and therefore this is an impudent kinde of dealinge, to say: vvherunto I am presently required to svveare, &c. I had none authoritie nor cōmission to require the Othe of you, neither might I tender it vnto you without perill to my self: you beinge committed vnto me by the moste Honourable Counsaile, without whose order, I coulde attempt no such mattier. You haue already shewed in plaine matter, although not in plainnesse of speach, & that as you thinke, & are persuaded in conscience, yt her highnes is the supreme gouernour, so well in causes Ecclesiastical as Temporal. For hauinge supremacie ouer the Ecclesiasticall persone, the same beinge not otherwise persone Ecclesiasticall, but in respect of Ecclesiasticall functions, thinges & causes annexed and properly belonging to Ecclesiasticall persones: she hath the Supremacie ouer the person in Ecclesiastical functions, thinges & causes, these beinge the onely matter or obiect where about or wherein the rule ouer an Ecclesiasticall persone is occupied and doth consiste.

This seemeth to be your glory amongst your friendes, y• [Page] you make me an offer, to receiue this part of y• Othe, whē I shalbe able to declare by what meanes you may sweare without cōmittinge plaine & manifest periury: Mine abilitie herein shall appeare in mine answeare to your foure points: God make you as readie to perfourme, for dueties sake, as ye wil séeme ready to offer, wherby to purchase to your self a glorious estimacion. But wherfore did you not make this offer vnto me, either by woorde or writing all ye time of your aboade with me? You plaie now after your returne into your holde, as you did after ye Parliamēt before you came out of ye Tower to me. When you saw the ende of the Parliamēt, & vnderstoode right wel, yt the Othe was not like to be tendered vnto you, than sent you copies of ye booke deuised for your answeare touchyng ye Othe, abroade to your friendes, to declare your constancy & aredines, to refuse ye Othe, wherby thei might be the rather enduced, to cōtinue their good opiniō conceiued of you, & also pay your chardges weakely in the Tower sent vnto you euery Saturday by your seruaunt, who wrote & deliuered ye copies abroade, as you tolde me your self. Now you are returned againe in to the Tower, & perceiuing y• your friendes, (as you gaue thē iust cause) haue some mistrust of your reuolt & waueryng inconstācie, wherby your estimacion & fame, with their seruice to your God ye belly is decaied, you haue deuised to set abroade the selfe same booke againe yt you did before, & to the selfe same ende, altering or chaunging nothing at al, sauing that you haue geuen it a newe name & Title, & séeme as in this place, as though yée spake to me by these woords: vvhen your L. &c. When as in very deede, there was neuer any such woorde spoken or writen to me: and in the booke you deliuered to me, your speache is directed to the commissioners, and not to me, in these woordes: VVhen ye the Queenes highnes cōmissioners shalbe able &c.

[Page]M. Fekenham.

First is, that I must by a booke Othe vtterly testifie, that the Queenes highnes is the onely supreme gouernour of this realme, and that asvvell in al Spirituall or Ecclesiasticall things or causes, as Temporall. But to testifie any thinge vppon a booke Othe, no man may possibly therein auoide periury, except he doo first knovv the thinge vvhiche he doth testifie, and vvherof he beareth vvitnes and geueth testimony. And touchyng this knovvledge, that the Queenes maiestie, is the onely supreme gouernour asvvell in Spirituall or Ecclesiasticall causes as in Temporall, besides that I haue no suche knovvledge, I knovve no vvay nor meane vvhereby I shoulde haue any knovvledge thereof. And therfore of my parte to testifie the same vppon a booke Othe, beinge vvithout (as I am in deede) all knovvledge, I cannot vvithout committinge of plaine and manifest periury. And herein I shal ioyne this issue vvith your L. that vvhen your L. shalbe able, either by suche order of gouernement, as our Sauiour Christe lefte behinde him in his Gospell and nevve Testament, either by the vvritinge of suche learned Doctours both Olde and Nevve, vvhiche haue from age to age vvitnessed the order of Ecclesiasticall gouernment in Christes Church, either by the generall Councelles, vvherin the right order of Ecclesiasticall gouernment in Christes Church, hath beene most faithfully declared and shevved frō time to time: or elles by the continuall practice of the like Ecclesiasticall gouernment, in some one Churche or parte of all Christendome. VVhan your L. shalbe able by any of these fovver meanes, to make proufe vnto me, that any Emperour, or Empresse, Kinge or Queene, may clayme or take vpon them any suche gouernment, in Spirituall or Ecclesiasticall causes: than I shall herein yelde, and vvith most humble thankes reken my selfe vvell satisfied, and shall take vpon me the knovvledge thereof, and be ready to testifie the same vppon a booke Othe.

The B. of Wynchester.

The reason or argument yt mooueth you, not to testifie vpon a booke Othe, the Q. Supremacy in causes Ecclesiasticall, is this: No man may testifie by Othe that thing [Page] whereof he is ignorant and knoweth nothinge, without committinge periury. But you neither knowe that the Q. highnes is the onely supreme gouernour aswel in causes Ecclesiasticall, as Temporall: neither yet know you any way or meane wherby to haue any knowledge therof: Therfore to testisie the same vpon a booke Othe, you cannot without committing of plaine and manifest periury.

For answeare to the Minor or seconde Proposition of this argument: Although I might plainly denie, that you are without all knowledge, and vtterly ignoraunt bothe of the matter and of the way or meane, howe to come by knowledge therof, and so put you to your proufe, wherein I know, you must néedes faile: yet will I not so answears by plaine negatiue, but by distinction or diuision of ignorance. And so for your better excuse, declare in what sorte you are ignoraunt and without all knowledge. There are thrée kindes of ignorantes, the one of simplicitie, the other Thom. Aquin. quaest. 3. de malo. of wilfulnes, and the thirde of malice. Of the first sort you cannot be, for you haue had longe time, good oportunitie, muche occasion, and many waies, wherby to come to the knowledge hereof. Yea, you haue knowen & profest opēly by déede and woorde the knowledge hereof many yéeres together. For you did know, acknowledge, and confesse, this supreme authority in causes Ecclesiasticall to be in Kinge Henry the eight and his heyres, whan your Abbay of Euesham, by common consent of you and the other Monkes there vnder your couēt seale, was of your own good willes without compulsiō surrendred in to his handes, and you, by his authoritie, refourmed, forsooke your foolishe vowe, & many horrible errours, and superstitions of Monkery, and became a secular Priest, and Chaplaine to D. Bell, and afterwarde to D. Boner, & so duringe the life of King Henry the eight, did agnise professe and teache openly in [Page] your sermons the kinges Supremacie in causes Ecclesiasticall. This knowledge remained stedfastly in you all the time of king Edwarde also. For although you were in ye Tower in his time, yt 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• 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 ye 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 [...]a [...]ien. 1. after your desire, euen as it were by puttinge you in remembraunce of those thinges whiche by occasions in conference, [Page] 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 Deuter. 17. propreties required in a Kinge, amongest other doth commaunde, that he haue by him the booke of the Lawe, and The duety of a Kinge. 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 Gloss. ordinar. 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 Aben. Ezra. from Goddes ordinaunces or caeremonies. Whereuppon it is, that God dothe commaunde the Magistrate, that Deuter. 13. 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, [Page] 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 perfour [...] and accōplishe 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 Iosue. 3. did interprete vnto the people the spirituall meaninge of Iosue. 4. the twelue stones, whiche they had taken by Goddes commaundement foorth of Iordan to be as Sacramentes or Signes. He circūcised the children of Israell at the second Iosue. 5. time of the great and solempne Circumcision. He calleth [Page] the Priestes, commaundeth some of them to take vp the Iosue. 6. 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 ye Lawe of God: he sacrificed theron, Iosue. 8. 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 cōgregation 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. Iosue. 23. 24

Dauid whom God appointed to be the pastour, (that 2. Sam. 5. is, the king ouer Israel) to feede his people, did vnderstāde 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 ye apperteined especially to his princely charge and care, was Goddes Religion & Seruice, whiche had been decayed and neglected longe before in the tyme of king Saul. For the better perfourmaunce whereof, as [Page] the supreame gouernour ouer all the estates bothe of the Laytie and of the Clergie, in all maner of causes: after consultation had with his chief Counsailours, he calleth 1. Paral. 13. the Priestes and Leuites, and commaūdeth, appointeth, and directeth them in al maner of things & causes, apperteining to their ecclesiasticall functions & offices. He prepareth a seemely place for the Arke in his own Citie. He goeth with great solēpnitie to fetche the Arke of the lord. He commaundeth Sadoc & Abiathar the priestes, and the 1. Paral. 15. chief among the Leuites, to sanctifie them selues with their brethren, & than to cary the Arke vpon their shoulders vnto the place appointed. He comptrolleth them that the Arke was not caried before on their shoulders according to the Lawe: and therfore layeth to their charge the breach that was made by the death of Vsa. He commaundeth also the chief of the Leuites, to appointe among their brethren, Musicians to playe on dyuers kyndes of instrumentes, 1. Paral. 16. and to make melodie with ioyfulnes. He sacrificeth burnt and peace offringes. He blessed the people in the name of the Lorde. He appointeth certeine of the Leuites, to minister cōtinually before the Arke of the Lord, to reherse his great benefites, to the honour & prayse of the lord God of Israel. And for that present tyme he made a Psalme of Gods prayse, and appointed Asaph & his brethren to prayse God therwith. He ordeyned the Priestes, Leuites, singers, and Porters, and in som, he appointed & ordered all th officers & offices, required to be in the house of the Lord, for the setting forth of his seruice & Religion.

Salomon deposed Abiathar the highe Priest, and placed 3. Reg. 2. 3. Reg. 5. Sadoc in his rowme. And he builded the Temple, placed the Arke in the place appointed for the same. Hallowed or dedicated the Temple, offred sacrifices, blessed the people, directed the Priestes, Leuites, and other churche [Page] officers, in their functions, according to the order before taken by his father Dauid. And neither the Priestes nor Leuites▪ swerued in any thing (perteining to their office) from that, that the 2. Paral. 8. king commaunded them.

Iosephat hath no small commendation in the Scriptures, for that he so studiously vsed his princely authoritie in the reformation of Religion, and maters apperteining, therunto. He remoued at the first beginning of his reigne all maner of false Religion, and what so euer might be cause of 2 Paral. 17. Gloss. ord. offence to the faithfull. He sent forth through his kyngdome Visitours, both of his Princes, and also of the Priestes & Leuites, with the booke of the Lawe of the Lorde, to the ende they should instruct, & teache the people, & refourme all maner abuses in ecclesiastical causes according to that booke. After a whyle he made a progresse in his own persone throughout al his countrey, and by his preachers reduced and brought againe his people from supersticion, & false Religion, vnto the Lorde the God of their fathers. He appointed in euery towne throughout his kingdome, 2. Paral. 19, as it were Iustices of the peace, suche as feared the Lord, and abhorred false Religion, to decide controuersies in ciuill causes: and in like sort he appointed and ordeined the high Priestes with other Priestes, Leuites, and of the chief rulers among the Israelites, to be at Hierusalem to decide, and iudge cōtrouersies of great weight, that shuld arise about matters of Religion and the Lawe. He did commaunde and prescribe vnto the chief Priestes and Leuites, what fo [...]me and order they shoulde obserue in the ecclesiasticall causes and controuersies of Religion, that were not so difficult and weightie. And when any token of Goddes displeasure appeared, either by warres orother calamitie, he gaue order to his subiectes for cōmon praier, and enioyned to them publiqu [...] faste, with earnest preaching 2. Paral. 20. [Page] of repentaunce, and sekinge after the wyll of the Lorde to obey and folowe the same.

Ezechias the kyng of Iuda, hath this testimony of the holy Ghost, that the like gouernour had not been, neither 4. Reg. 18. should bee after hym amongest the kynges of Iuda. For he cleaued vnto the Lorde and swerued not from the preceptes whiche the Lorde gaue by Moses. And to expresse, that the office, rule, and gouernement of a godly kyng consisteth, and is occupied accordyng to Gods ordinaunce and precept, first of all in matters of Religion, and causes Ecclesiastical, the holy ghost doth commende this kyng for his diligent care in refourming Religion. He toke quite away (saith the holy ghost) al maner of Idolatry, superstition, and false Religion, yea, euen in the first yere of his reigne, and the first moneth he opened the doores of Goddes house: He calleth as it were to a Synode the Priestes, and Leuites, be maketh vnto them a 2. Parali. 29. long and pithy oration, declaringe the horrible disorders and abuses that hath been in Religion, the causes, and what euils folowed to the whole Realme thervpon: He declareth his full determination to restore and refourme Religion according to Gods will. He commaundeth them therfore, that they laiyng aside all errours, ignoraunce, and negligence, do the partes of faithfull ministers.

The Priestes & Leuites assembled togither, did sanctifie them selues, and did purge the house of the Lorde from al vncleanes of false Religion, at the commaundement of the king concerning thinges of the Lorde. That done, they came vnto the kyng, and made to hym an accompt and report what they had done. The kyng assembleth the chiefe Rulers of the Citie, goeth to the Temple, he commaundeth the Priestes and Leuites, to make oblation and sacrifice for whole Israel. He appointeth the Leuites after their order [Page] in the house of the Lorde, to their musicall instrumentes, and of the Priestes to play on Shalmes, according as Dauid had disposed the order by the counsell of the Prophetes. He and the Princes commaundeth the 2. Parali. 30. Leuites to prayse the Lorde with that Psalme that Dauid made for the lyke purpose. He appointed a very solempne keaping and ministring of the Passeouer, whervnto he exhorteth all the Israelites, and to tourne from their Idolatry and false Religion vnto the Lorde God of Israel. He made solempne prayer for the people. The kyng with comfortable wordes encouraged the Leuites that were zelous, and had a ryght iudgement of the Lord, to offre sacrifices of thankes geuing, and to prayse the Lorde the God of their fathers, and assigned the Priestes and Leuites to mynister, and geue thankes, accordyng to their offices in their courses and tournes. And for the better continuance of Gods true Religion, he caused a sufficient and liberall prouision to bee made from the people, for the Priestes and Leuites, that they myght wholly, cheerfully, and constantly, serue the Lorde in their vocations. These doynges of the kyng Ezechias touchynge matters of Religion, and the reformation thereof, sayth 2. Parali. 31. the holy ghost, was his acceptable seruice of the Lorde, dutifull both to God and his people.

Iosias had the like care for Religion, and vsed in the 4. Reg. 23. 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 [Page] 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 [Page] proueth at large in his epistle against Vincentius a Rogatiste, in his epistle to Bonifacins, and in his bookes Epist. 48. Epist. 50. Lib. 2. cont. lit. Pet. Lib. 2. cont. Epi. Gaud. 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 August. Epist. 48. 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 Cont. lit. Petil. lib. 2. cap. 92. Lib. 2. con. Epist. 2. Gaud. ca. 26 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 Epist. 48. &. 50. 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. Lib. 2. cont. lit. Petil. ca. 92. 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▪ [Page] (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 Lib. 2. ca▪ 26 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 ye same S. Aug. Let the kings of the earth serue Christ, euē in making lawes for Christ: Epist. 48. meaning for the furtherance of Christes religiō. How then doth kinges (saith S. Aug. to Bonifacius, against ye Donatistes) serue the lord with reuerēce, but in forbidding and punishing Epist. 50. 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 [...] [Page] 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. Augustine, or rather of Christes catholique Churche, vttered by hym againste the Donatistes, touching the Seruice, authoritie, power, and care, that kynges haue or ought to haue in causes spirituall or ecclesiasticall, the whiche is also the iudgement of Christes catholique Church, now in these dayes mainteined and defended, by the true mynisters of the same catholique Churche, againste all Popishe Donatistes: with the force of Gods holy woorde, bothe of the olde and new Testament, euen as S. Augustine did before. Who to prooue and confirme this his assertion to bee true against the Donatistes, did auouche many mo examples, than I haue cited out of the olde Testament: As of the kyng of Niniue, of Darius, Nabuchodonozor, & others: Epist. 48. affirmyng that the histories and other testimonies, cited for this matter out of the olde Testament, are partly figures, and partly prophecies, of the power, duety, and seruice that kynges should owe and perfourme in like sorte, to the furtherance of Christes Religion, in the time of the new Testament. The Donatistes in the defence of their heresy, restrayned S. Augustine, to the example and testimony, of such like order of Princes. Seruice in matters of [Page] Religion, to be founde in the Scriptures of the new Testament: meanyng that it could not be found in any order that Christe lefte behynde hym, as you also fantasied when you wrote the same in your booke folowyng, yea, going euen cheeke by cheeke with them. But S. Augustine maketh aunswere to you all for hym and me bothe: Who, rehcarsing the actes of the godly kynges of the olde Testament, taketh this for a thyng not to be denied, to wytte, That the auncient actes of the godly kinges, mentioned in the Propheticall bookes, were figures of the like factes, to be doon by the Epist. 48. godly Princes in the time of the newe Testament.

And although there was not in the tyme of the Apostles, nor of long tyme after, any kynges or princes, that put the same ordinaunce of Christ in practise, all beynge infideles for the most part: Yeat the seruice of kinges was figured (as S. Augustine saieth) in Nabuchodonozor and others, to be Epist. 50. put in practice, when this of. 71. Psalme should be fulfilled: and all the kinges of the earth shall worshippe Christ, and all nations shall serue him &c. As yet in the Apostles time, this prophecy (sayth he) Epist. 48. was not fulfilled: and now ye kinges vnderstande, be learned ye that iudge the earth, and serue the Lorde in feare with reuerence. VVhen the christian Emperours and Princes, (saieth this catholique father) shall heare that Nabuchodonozor, after he had seen the marueilous power of almighty God, in sauing the three younge men, from the Lib. 2. cont. lit. Petil. ca. 92. Danie. 3. violence of the fire, walking therin without hurt, was so astonied at the miracle, that he him selfe being before this but a cruell Idolatour, began forthwith vpon this wonderous sight, to vnderstande and serue the Lorde with reuerent feare: Doo not they vnderstande; that these thinges, are therefore writen and recited in the Christian assemblies, that these shoulde be examples to them selues of faith in God, to the furtherance of Religion? These Christian rulers, therfore minding according to the admonition of the Psalme, to vnderstande, to be learned and to serue the Lord with reuerent feare, do very attētiuely giue eare, [Page] and marke what Nabuchodonozor after said: for he, saieth the Prophet, made a decree or statute, for all the people that were vnder his [...]beissance: that who so euer shuld after the publicatiō thereof, speake any blasphemy against the almighty, they should suffer death, and their Goodes be confiscate. Now if the Christian Emperours, and kinges, doo know, that Nabuchodonozor made this decree against the blasphemers of God, surely they cast in their myndes, what they are bounde to decree in their kingdomes, to witte, that the selfe same God, and his Sacramentes, be not lightly set by and contemned. Thus farre S. Augustin: By whose iudgement, being also the iudgement of the catholique church, it is manifest, yt the order, rule, and gouernement, in Ecclesiasticall causes, practised by the kynges of the olde Testament, beynge figures and prophesies, of the lyke gouernement, and seruice, to be in the kynges vnder the newe Testament, is the order of gouernment, that Christ left behynde him in the Ghospell and newe Testament: and so directlye confuteth your erronious opinion. Nowe I wyll conclude on this sorte, that whiche I affirmed: namely that kynges, and Princes, ought to take vpon them gouernement in Ecclesiasticall causes.

What gouernement, orde, and dutifulnes, so euer Rom. 1. belongyng to any, God hath figured and promysed before hande by his Prophetes, in the holy Scriptures of the old Testament, to be perfourmed by Christe, and those of his kyngdome: that is the gouernement, order, and dutifulnes, set foorth and required, in the Ghospel, or newe Testament. But that faithfull Emperours, Kynges, and Rulers, ought of dutie, as belongynge to their office, to claime and take vpon them the gouernement, authoritie, power, care, and seruice, of God their Lorde, in matters of Religion, or causes Ecclesiasticall, was an order and dutifulnes for them: prefigured and fore promysed of God [Page] by his Prophetes, in the Scriptures of the olde Testament, as S. Augustine hath sufficiētly witnessed: Ergo. Christian Emperours, Kynges, and Rulers, owe of dutie, as belonging to their office, to clayme, and take vpon them, the gouernement, authoritie, power, care, and seruice of God their Lorde, in matters of Religion: or Spirituall, or Ecclesiasticall causes, is the gouernement, order, and dutifulnes, set forth, and required, in the Ghospell or newe Testament.

This that hath been already sayd, myght satisfie any man that erreth of simple ignoraunce. But for that your wilfulnes is suche, that you delight only in wranglinge against the truthe, appeare it to you neuer so playne, and that no weyght of good proufes, can presse you, you are so slippery, I wyll loade you with heapes, euen of suche proufes, as ye wyll seeme desirous to haue.

The holy Ghost describing by the Prophete Esay, what shalbe the state of Christes Church in the time of the new Testament, yea now in these our daies (for this our time is the time that the Prophet speaketh of, as S. Paule witnesseth to the Corinthians) addeth many comfortable 2. Cor. 6. promises, & amongest other maketh this to Christes Catholique Church, to witte, Kinges shalbe Nourshing Fathers, Esa. 49. and Quéenes shalbe thy nources. Nourishing Fathers saith the glose enterlined, In lacte verbi. In the mylke of the woorde, meaninge Goddes woorde. Lyra addeth: This prophecy is manifestly fulfilled in many Kinges and Queenes, Lyra in Esa. cap. 49. who receiuing the Catholique Faith, did feede the poore faithfull ones. &c. And this reuerence to be done by Kinges, (saith Lyra) was fulfilled in the time of Constantine and other Christian Kinges. Certainely, Constantine the Emperour, shewed him selfe to vnderstād his owne duety of nourishing Christes Church appointed by God in his Prophecy: for he like a good, tender, [Page] and faithful Nourcefather, did kéepe, defende, mainteine, vpholde, and féede the poore faithfull ones of Christ: he hare them beinge as it were almost weried & forhayed with the great persecutions of Goddes enemies, and maruelously shaken with the controuersies and contentions amongest them selues, euen as a nource Father in his owne bosome: he procured that they should be fedde with the swéete milke of Goddes woorde. Yea he him selfe with his publique proclamations, did exhorte and allure his subiectes to the Euseb. li. 3, de vita Const. 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 Lib. 2. 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: Li. 4. de vita Const. 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 Lib. [...]. 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, Lib. 4. 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 Math. 5. [Page] 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 Math. 22. 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 1. Pet. 2. Rom. 13. Princes they set foorth, when they cōmaunde euery soule (that is euery man, whether he be as Chrysostome saith, an Apostle, Euangelist, Prophete, Priest, Monke, or of what so euer callinge he be) to be subiect & obey the higher powers, as Kinges and their Lieutenauntes, or gouernours vnder them. And thei declare that this supreme gouernment is occupied and exercised in, or about the praysinge, furthering, and aduauncinge of vertue or vertuous actions, and contrary wise in correctinge, stayinge, and repressinge all manner of vice or vicious actions, which are the propre obiect or mattier hereof. Thus doth Basilius take the meaninge of the Apostles: sayinge, This seemeth to Epist. 125. [Page] 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 1. Tim. 2. 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 Lib. 14. De Trin. ca. 1. 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 Lib. 5. De Ciuit. De [...], cap. 24. 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, Grad. 6. for his seueritie against the transgressours of Gods Lawe. Not meaninge onely the transgressours of the [Page] 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 Rom. 13. proue therewith against Petilian the Donatiste, that the power or authoritie of Prynces, whiche the Apostle speaketh Lib. 2. ca. 83 of in that sentēce, is gyuen vnto them to make sharp Lawes, to further true Religion, and so suppresse Heresies, and Schismes: and therfore in the same place, he calleth the catholique Churche, that hath suche Princes to gouerne to this effecte: A Churche made strong, whole, or fas [...]ened together with catholique Princes: meanyng that the church is weake, rent, and parted in sonder, where catholique Gouernours are not, to maynteine the vnitie thereof in Churche matters, by their authoritie and power.

Gaudentius the Donatist, founde him selfe agreeued, that Emperours should entremedle, and vse their power in matters of Religion: affirmyng, that this was to restreyne men of that freedome that God had set men in. That this was a great iniury to God: if he (meaning his Religion) should be defended by men. And that this was nothing els, but to esteeme God to be one, that is not able to reuenge the iniuries doon against him selfe. S. Augustine doth answere, and refute his obiections, with the authoritie of S. Paules saiyng to the Romaynes: Let euery soule be subiect to the higher powers &c. For he is Goddes mynister, to take vengeance on him 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 Lib. 2. cont. 2. Epist. Gaud. ca. 11. 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 [Page] 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 sund [...]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 Constātine, Lib. 1. d [...] vit. Const. like a faithfull and good mynister, did thoroughly set forth this: and he did confesse himselfe manifestly to be the seruaūt 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: Lib. 2. De vit. Const. That by his mynisterie he did put away and ouerthrowe al the euilles [Page] that pressed the worlde▪ 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 [Page] 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 The princes supremacie in repayringe Religion decayed. 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 [Page] exhorteth the Christians, to make earnest and continuall prayer 1. Tim. 2. 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 contrariwyse, godlynes can not be had without peace and tranquilite of mynde and conscience. This would be noted with good aduisement, that S. Paule him selfe sheweth playnely prosperitie, amongest Gods people, and true Religion, to be the benefites and fruites in generall, that by Goddes ordinance springeth from the rule and gouernement of kynges and Magistrates, vnto the weale of the people. The whiche two, although dyuers in them selues, yet are so combyned and knyt together, & as it were incorporated in this one office of the Magistrate, that the nouryshinge of the one, is the feeding of ye other, the decay of the one, destroyeth or (at the least) deadly weakeneth them both. So that one can not be in perfect & good estate, without the other. The whiche knot and fastening together of Religion, & prosperitie in common weales, the moste Christian and godly Emperours Theodosius and Valentinianus, dyd wysely ses, as appeareth in this, that they wrote vnto Cyrill, saiyng: The suertie of our common weale; dependeth vpon Cyril. Epi. 17. to 4. Goddes Religion, and there is great kinred and societie betwixt these [Page] tweyne, for they cleane together, and the one groweth with the increase of the other, in suche sorte, that true Religion holpen with the indeuour of Iustice, and the common weale holpen of them bothe, flourisheth [...]eing therefore, that we are constituted of God to be the kinges, and are the knitting together or ioynture of godlines and prosperitie in the subiectes, we kepe the societie of these tweyne, neuer to be sondred: and so farre forth as by our forsight, we procure peace vnto our subiectes, we minister vnto the augmenting of the common weale: but as we might say, being seruauntes to our subiectes in all thinges, that they may liue godly, and be of a Religious conuersation as it becommeth godly ones, we garnis he the common weale with honour, hauing care, as it is conuenient for them bothe (for it can not be, that diligently prouiding for the one, we should not care, in like sorte also for the other.) But we trauayle earnestly in this thing aboue the rest, that the Ecclesiastical state may remaine sure, bothe in suche sorte, as is seemely for Goddes honour, and fit for our tymes, that it may continue in tranquilitie by common consent without variāce, that it may be quiete through agreement in Ecclesiasticall matters, that the godly Religion may be preserued vnreprouable, and that the life of suche as are chosen into the Clergie, and the great priesthood may be cleere from al fault.

Hitherto I haue proued playnely by the holy Scriptures, and by some suche Doctours, as from age to age, haue wytnessed, the order of Ecclesiasticall gouernement in the Churche of Christe: yea by the confession, testimony, and example of some of the moste godly Emperours them selues, that suche lyke gouernement in Churche causes, as the Queenes maiestie taketh vpon her, doth of dutie belonge vnto the cyuill Magistrates and Rulers, and therfore they may, yea, they oughte to clayme and take vpon them the same. Nowe remayneth that I proue this same by the continuall practise of the lyke gouernenement in some one parte of Christendome, and by the generall counsayles, wherein (as ye affirme) the right [Page] order of Ecclesiasticall gouernemēt in Christ his Church, hath been moste faithfully declared and shewed from tyme to tyme.

The gouernement that the Queenes maiestie taketh moste iustly vpon her in Ecclesiasticall causes, is the guydyng, caringe, prouidyng, orderyng, dyrectynge, and ayding, the Ecclesiasticall state within her dominions, to the furtheraunce, mayntenaunce, and settyng foorth of the true Religion, vnitie, & quietnes of Christes Churche, ouerseyng, vysiting, refourmyng, restrayninge, amendinge, and correctyng, all maner persones, with al manner errours, superstitions, Heresies, Schismes, abuses, offences, contemptes, and enormities, in or about Christes Religion whatsoeuer. This same authoritie, rule, and gouernement, was practised in the catholique Churche, by the most Christian kynges and Emperours, approued, confirmed, & commended by the best counsailes, both generall and nationall.

Constantinus (of whose carefull gouernement in Churche causes, I haue spoken somewhat before) tooke vpon him, and did exercise the supreme rule▪ aund gouernement in repressing all maner Idolatry and false Religion, in reforming and promoting the true Religion, and in restreining & correcting al maner Errours, Schismes, Heresies, and other enormities, in or about Religion, and was moued hereunto of dutie, euen by Gods worde, as he him selfe reporteth in a vehement prayer, that he maketh vnto God, saying: I haue taken vpon mee, and haue broughte to passe healthfull thinges, (meanyng reformation of Religion.) Being persuaded (therunto) by thy worde. And publishing to Fuseb. li. 2. De vi. Cōst. all Churches, after the councell at Nice, what was there doone: He professeth that in his iudgement, the chiefest ende and purpose of his Imperiall gouernement, oughte [Page] to be the preseruation of true Religion, and godly quietnes in all Churches. I haue iudged, (saieth this godly Emperour,) Euseb. li. 3. De vi. Cōst. this ought before all other thinges to be the ende or purpose, (whereunto I should addresse my power and authoritie in gouernemēt) that the vnitie of faithe, pure loue, and agreemēt of Religion towards the almighty God, myght be kepte, and mainteined amongest all Congregations of the catholique Churche.

He did not only abolishe al superstitions and false Religions, whiche had been amongest the gentiles, but also he repressed by his authoritie, Lawes, & Decrees, all such Heresies as sprong vp amongest the Christians, sharpely reprouing and correcting, the authours or mainteinours of hereticall doctrines, as the Nouatians, Valentinians, Paulianes, and Cataphrygiās, as Eusebius saith of him. Euseb. li. 3. De vi. Cōst. And Theodoret us dooth recite a part of an Epistle, that Constantine wrote vnto the Nicomedians, wherein the Emperour hath this saiyng. If we haue chast Byshops, of right opiniō, of curteous behauiour, we reioyce. But if any be enflamed rashly Lib. 1. ca. 19 and vnaduisedly, to continue the memory and commendation of those pestilent Heresies, his foolebardy presumtion shal forthwith be corrected, and kept vnder by my correctiō, which am gods minister. Cōstantinus also, gaue Iniuctions to the chiefe mynisters of the churches, that they should make speciall supplication to God for him. He enioyned all his subiectes, that they should keepe holy certaine daies dedicated to Christ, and the Saturday. He gaue a Lawe vnto the Rulers of the nations, that they should celebrate the Sonday in like sort after the appointment of the Emperour. And so the daies dedicated to the memory of martyrs and other festiual times &c. And al suche thinges (sayth Eusebius) were done according to the ordinance of the Emperour. Lib. 4. De vit. Const. He cōmaunded Eusebius the bishop, to draw certein Instructions & lessons, as it wer Homelies, forth of the holy scriptures, yt they might be red in ye churches. Which was done incōtinēt, according to Thēperours cōmaūdement. [Page] When the Emperour herde of the great schisme mooued betwixt Arius and Alexander the Bishop of Alexandria, wherwith the Churche was piteously tormented, and as it were rente in sondre, he tooke vpon him, as one that had the care and authoritie ouer all, to sende Hosius a great learned and godly Bishop of Spaine to take order, and to Socrat. lib. 1. cap. 7. appeace the contention, writinge to Alexander and to Arius, a graue & also a sharpe letter, chardging Alexander with vanitie, Arius with want of circumspection, shewing them both, that it was vnséemely for the one to moue suche a question, and for the other to answeare therein, & vndiscreetly doone of them both. And therfore commaundeth them to cease of from suche contentious disputatiōs, to agree betwixt them selues, & to lay aside from thencefoorth such vaine and trifeling questions. He pacified also the Schisme at Antioche begonne about the choosinge Sozom. lib. 1. cap. 16. of their Bishop, to whome for that purpose he sente honorable Embassadours with his letters to a great number of Bishoppes that than were at Antioche about that busines, and to the people, exhortinge them to quietnes, and teachinge them (saith Eusebius) to studie after godlines in Euseb. li. 3. de vit. Cōst. a decent manner: declaringe vnto the Bishoppes, as one that had authoritie ouer thē, euen in suche matters, what thinges apperteined and were séemely for them to doo in suche cases, and noteth vnto them a direction, which they should followe. And after he had (saith Eusebius) geuen suche thinges in cōmaundement vnto the Bisshoppes or chiefe mynisters of the Churches, he exhorted them that they woulde doo all thinges to the prayse and furtheraunce of Goddes Woorde.

This supreme authoritie of the Emperour in Church causes, is moste liuely expressed by S. Augustine & Eusebius, where they make mencion of the horrible Schisme, stirred by the Donatistes, against Cecilianus Bishop of [Page] Carthage: whose election and orderinge to be Bishoppe of Carthage, Donatus and others of his companions misliked, and therefore made a Schisme in that Churche. The question in controuersie was, whether Cecilianus beyng ordered Bishop, hauinge the imposicion of handes by Felix, were Lawfully consecrated and ordred or not. This controuersie made a lamentable trouble amongest the Churches in Aphrike. At the length, the Donatistes accused Cecilian vnto the Emperour: desired the Emperour to appointe some Delegates to iudge of this controuersie. And for that all the Churches in Aphrique were banded, Aug. Epist. 50. either to the one party, or the other, and for that Fraunce was frée from this contention, they require iudges to be appointed by his authoritie from amongest the Frenche Bishoppes. The Emperour muche grieued, ye the Church Euseb. lib. 10. cap. 5. was thus torne in sundre with this schisme, doth appoint Melciades Bishop of Rome, and Marcus to be his delegates & commissaries in this controuersie, with certaine other Bishoppes of Fraunce, Melciades colleages or fellowe Bishoppes, whom the Emperour had cōmaunded to be there with them for that purpose. These commissioners with certaine other Bishoppes accordinge to the Emperours commaūdement met at Rome, and after due examinacion had, doe condemne the Donatistes, and pronounce Cecilianus cause to be good. From this sentence of the Bishop of Rome, and other Bishoppes his colleages being the Emperours delegates, the Donatistes appeale vnto the Emperour, not onely accusinge Cecilianus, but also Melciades the Bishop of Rome, and the other Commissaries. Wherfore the Emperour causeth a Synode to be had at Arclatum, August. Epist. 48. committinge the cause to the Bishop thereof, and other Bishoppes assembled there by his commaundement, to be herde and discussed. Whereunto he calleth Crestus the [Page] Bishoppe of Syracufe a Citie in Sicily by his letters. Eus. lib. 10. cap. 5. Wherein he declareth in plaine termes, that it belongeth to his imperiall cure, to sée these controuersies in Church causes to be determined and ended. Donatus & his companions, beinge condemned also by these Bishoppes, in the Synode at Arclatum, and Cecilianus cléered, doo againe appeale vnto the Emperour from their sentence, besechinge him to take the hearinge & discussinge of the controuersie. Who called both the parties together before him selfe at August. Epist. 166. Millayne, and after he had herde the whole matter, & what was to be saide on both sides, he gaūe finall sentence with Cecilianus, cōdemning ye Donatistes. Who after all these August. Epist. 162. Epist. 166. thinges thus done, as S. Augustine faithe, made a very sharpe Lawe against the Donatistes, the whiche also his Sonnes after him commaunded to be obserued.

Athanasius also that moste godly Bishop, being ouer muche wronged in the Councell at Tyre, did [...]lie and àppeale from the iudgement of that Synode vnto Constantine the Emperour, declaringe vnto him his griefes, beséechinge him to take the hearinge of the matter before him selfe: whiche the Emperour assented vnto; writinge vnto the Synode assembled at Tyre, commaunding them without delaie to come vnto his Courte, and there to declare Socr. lib. 1. cap. 34. before me (saithe this moste Christian Emperour) whome yee shall not denie to be Goddes syncere mynister, howe sincerely and rightly yee haue iudged in your Synode. When this Synode was assembled at Tyre, the Catholique Bishoppes of Egipt Theod. lib. 1. cap. 28. wrote vnto the honorable Flauius Dionysius, whome the Emperour had made his Lieutenaunt, to sée al things well ordered in that Councell, and did desire him that he would reserue the examinacion and iudgemēt to the Emperour him selfe: yea they doo adiure him that he doo not medle with their matter; but referre the iudgement therof [Page] to the Emperour, who they [...]ne we well, woulde iudge rightly Athanas. Apol. 2. accordinge to the right order of the Churche.

There were no Churche mattiers, or Ecclesiasticall causes, wherein the continuall practise of the Churche of Christe, in this Emperours time, yea and many hundreth yéeres after, did not attribute the supreme rule, order, and authoritie vnto Emperours and Kinges, vppon whome all Churche mattiers did depende, as witnesseth Socrates, who sheweth this reason of that he doth thoroughout In Proaem. lib. 5. his Eccesiasticall History mention so much the Emperours. Bicause that of the Emperours (saith he) after they beganne to be Christians, the Churche matters doo depende, yea the greatest Councelles haue beene, and are called together, accordinge to their appointment. Eusebius commendeth the great bountifulnes Lib. 1. De vit. Const. of Constantine towardes al estates, But, (saithe he) this Emperour had a singuler care ouer Coddes Churche, for as one appointed of God to be a common or vniuersall Bysshop, he called Synodes or conuocations of Goddes mynisters together into one place, that thereby he might appeace the contentious striainges that were amonge them in sundry places. He disdayned not to be present with them in their Synodes, and to sit in the middest of them, as it had beene a meaner personnage, commendinge and approuinge those that bente themselues of good meaninge to godly vnitie, and shewed him selfe to mistike on the other side, and to set naught by suche, as were of contrary disposition.

The Ecclesiasticall histories make mention of many Synodes or councelles, called or assembled at the appointment and order of this Emperour. But the most famous and notable, was the Nicene councell: about the whiche, consider and marke, what was the occasion, by whose authoritie it was summoned and called together, and what was the dooynges of the Emperour from the beginninge vnto the dissolueion thereof: and yée shall sée plainely as [Page] in a Glasse, that by the order and practise of the Catholique Churche, notified in the order of this general Councell, the supreme gouernment in Ecclesiasticall causes, is in the Emperour and ciuill Magistrates, & your opinion condemned by the vniforme agreement of. 318. of the most Catholique Bishoppes in the worlde, commendinge, and allowynge for moste godly, what so euer the Emperour did in, or about this councell. The occasion of this famous and moste godly councell, was the great dissention kindled, partly about a necessary Article of our beliefe, partly about a ceremony of the Churche. Arius incensed with ambitious enuie, againste Alexander his Bishop at Alexandria, who disputed in one of his lessons or treatises, more subtily of the diuinitie than aduisedly, as the Emperour layeth to his chardge, quarelled Sophistically against him, and mainteined an horrible Heresie. Besides this, the Churches were also deuided amongest them selues, aboute the order or ceremony of kéepinge the Easter daie. The Emperour sente Hosius with his letters, as I saide before, into the Easte parties to appeace the furious dissention about bothe these matters, and to reconcile the parties dissentynge. But when this duetifull seruice of the Emperour, tooke not that effect whiche he wisshed and hoped for, then as Sozomenus writeth, he summoned a councell to be holden Lib. 1. ca. 17. at Nice in Bythinia, and wrote to all the chiefe Mynisters of the Churches euery where, commaundinge them that they shoulde not fayle to bée there at the day appoynted. The selfe same also dothe Theodoretus affirme, bothe touchynge the occasion, and also the summons Lib. 1. ca. 7. made by the Emperour. Eusebius also writinge the life of Constantine, sheweth with what carefulnes, the godly Emperour endeuoured to quenche these fiers. [Page] And when the Emperour (saieth Eusebius) sawe that he Lib. 3. De vit. Const. preuailed nothing by sending of Hosius with his letters, Considering this matter with him selfe, saide, that this warre against the obscure enemy troubling the Churche, must be vanquished by an other (meaning hym selfe.) Therefore, as the capitaines of Goddes armie, towardes his voyage, he gathered together a Synode oecumenical, and he called the Byshoppes together by his honorable letters, and that they should hasten themselues from euery place. These thinges, touching the occasion and calling of this generall counsaile by the Emperour, are affirmed to be true also, by Nicephorus the Ecclesiasticall historian. Yea, the whole Lib. 8. ca. 14 counsayll in their letters, to the Churches in Aegipt, and the East partes, doo testifie the same Synode, to be called by the Emperour, saiyng: The great and holy Synode, was gathered Theod. li. 1. cap. 9. together at Nice, by the grace of God, and the moste religious Emperour Constantine. &c. The Bishoppes (as I said before) when they thought them selues, or their Churche iniuried by others, were wont to appeale and flie vnto the Emperour, as the supreme gouernour in al matters, and causes Temporall, or Spirituall, the whiche appeareth moste playne, to be the practise of the Church, by these Bishops called vnto the Nicene counsaill. For when they came to Nice, supposing them selues to haue nowe good oportunitie, beyng nighe vnto the Emperour, to reuenge their priuate quarelles, and to haue redresse at the Emperours handes, of suche iniuries as they thought them selues to susteyne at others byshops handes, eche of them gaue vnto the Emperour, a Libell of accūsatiōs, signifiyng what wronges he had susteyned of his felowe Bishoppes, and prayed ayde and redresse by his iudgement. The Emperour forseyng that these pryuate quarelings, if they were not by some policy, and wyse deuise sequestred, and layde aside, would muche hynder the common cause, tooke deliberation, [Page] appointing a day, against the which they shuld Sozom. li. 1 cap. 17. be in a readines, and commaunded them to prepare and bring vnto him all their libelles and quarelling accusations, one against an other: (Marke by the waie, the craft and practise of Sathan, to stay and ouerthrow good purposes, that euen the godly fathers and Bishoppes, wanted not their great infirmities, preferring their own priuate trifles, before the weighty causes of Gods Churche. And the wisdome, zeale, and humblenes, of this moste christiā Emperour, who so litle estemed his own honour, and authoritie, that he wold rather seeme to be inferiour, or for the time no more than equall with his subiectes, to the ende, he might by his humbling of him selfe, aduance and exalt Gods glory, to the edifiyng and quietnes of his Churche.) The day came (whiche was the day before the first Session should be in the councell, as Socrates saith) the Bishoppes did not sleape their owne matters, but Lib. 1. ca. 8. had their billes in a readines, and deliuered them vnto the Emperour. This vigilant noursefather vnto Gods Churche, had cared and deuised so diligently for the common cause, as the Bishoppes had doon for their priuate quarelles: and therefore, when he had receiued their Libelles, very politiquely, saieth: (bicause he woulde irritate none of them for that tyme,) That the daie of generall iudgement should be a fitte time for these accusations, and Christe the Iudge, then woulde iudge all men: As for me, it is not leafull to take vpon me the iudgement of suche Priestes, accused, and accusing one an other. Whereunto, neuertheles, he added this Sozom. li. 1. cap. 17. priuy nippe, to pynche them withall. For of all other thinges (saith he) this is least seemely, that Bishoppes shoulde shewe them selues suche, as ought to be iudged of others. And so caused the Libelles to be cast into the fire, giuing them an earnest exhortation to peace and quietnes. The next daye after, Theod. li. 1 cap. 7. [Page] after, they assembled at the Emperours palayce, he commaunded them to go into the councell house, to consult of the matter, (the councell house was within Themperours Euseb. li. 3. De vi. Cōst. pallayce, trimly furnished with seates, aptly ordred for suche purpose, as it were in rowes.) They entred in, and wayted without any doinges, till the comming of the Emperour, whose seate was of gold, placed at the first beginning of the rowes: who being entred and placed in his feate, maketh an oration vnto them, declaring the contē tions sprong vp amongest them selues, to be the occasion wherfore he called them togither: and the ende is, (saith he) that this disease might be healed through my ministery. After this he maketh an earnest exhortatiō, mouing them to quietnes, Socr. lib. 1. cap. 8. forgiuing one an other, for Christ commaundeth (saieth he) that who will receiue pardon at his hande, shall also forgiue his brethren. After this moste graue exhortation to vnitie, and concorde, in truthe, he giueth them leaue to Theod. li. 1 cap. 7. consult of the matters in hande, prescribeth vnto them a rule, whereby they muste measure, trie, and discusse these, and all other suche disputations, and controuersies, in matters of Religion, to witte, Sanctissimi spiritus doctrinam praescriptam, The doctrine of the moste holy spirite before writen. For (saieth he) the bookes of the Euangelistes, and of the Apostles, and also the prophecies of the olde Prophetes, doo euidently teache vs of Goddes meaning. VVherefore laiyng a syde al discorde of enemitie, let vs take the explications of our questions, out of the saiyngs of the holy Ghost. When the parties waxed warme in the disputations, and the contention, somwhat sharp, then the 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. [Page] When they had agreed of the chiefe pointes, wherefore Euseb. li. 3. De vi. Cōst. 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, Socr. lib. 1. cap. 8. 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 ye cherefully they retourne againe into the moste true waye. He writeth an other to al Byshops, & people where Soc. li. 1. c. 9. 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 Theod. li. 1. cap. 13. 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, Sozom. li. 1 cap. 25. 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 [Page] and restore him to the mother Churche, and therefore hauinge Theod. li. 1 cap. 14. 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 Socr. lib. 1. cap. 28. 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, Theod. li. 1. cap. 27. 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 Soc. lib. 1. cap. 34. 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 [Page] 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, Lib. 3. ca. 17 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 Constā tine, in Churche matters, but did also make newe of their owne as occasiō serued, & the necessitie of ye time required.

Constantinus, after the death of his father, restored Athanasius, Theod. li. 2 cap. 1. (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, Sabell. Platin. 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 Socr. lib. 2. cap. 36. 37. 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 [Page] Bishops to one place, whiche coulde not conueniently be brought to passe, by reason of the great distaunce of ye 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, Theod. li. 4 cap. 5. 6. 7. an Arian byshop of Millayn, calleth a Synode of bishops at Millayn, to consult about the ordering of a new bishop. Princes by Synodes do ordeine and condemne Byshops. 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 Cō stantine the great, neither in zeale, care, or furtherāce, of Christes Religion. He bent his whole power, and authoritie, Theod. li. 5 cap. 20. 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 bishop of Antioche Flauianus, against the bishop of Rome, and other byshoppes of the Weste, who did falsely accuse him of many crymes: and at the lengthe, by his carefull endeuour in Churche matters, and his Supreme authoritie therein, this moste faythfull Emperour, sayeth Thedoretus, sette peace and quietnes Li. 5. c. 23. 24 amongest the Bishoppes, and in the Churches. [Page] He called a conuocation of the Bishops, to the ende that by common consent, all should agree in vnytie of doctrine confessed by the Nicen councell, to reconcile the Macedodians vnto the catholique Churche, and to electe and order a Byshop in the sea of Constantinople, whiche was than vacant. When the twoo fyrste pointes coulde not be brought to passe, as the Emperour wished, they went in hande with the third, to consult amongest them selues touching a fitte Bishop for Constantinople. The Emperour, to whose iudgement many of the Synode consented, thought Gregory of Nazianzene, moste fit to be Byshop: but he did vtterly refuse that charge. Than the Emperour commaundeth them, to make diligent inquisition for some godly man, that myght be appointed to that rowme. But when the Byshoppes could not agree, vpon Sozom. li. 7 cap. 6. 7. 8. any one, the Emperour commaundeth them to bringe to him the names of all suche, as euery one of them thought moste apt to be Bishop, wryten in a paper together. He referued to him selfe (saith Zozomenus) to choose whome he lyked best. When he had redde ouer once or twyse, the sedule of names, whiche was brought vnto hym, after good deliberation had with him selfe, he chose Nectarius, although as yet he was not christened: & the Bishops maruailing at his iudgemēt in ye choise, could not remoue him. And so was Nectarius baptized, & made bishop of Constantinople: who proued so godly a bishop, that al mē déemed this election to be made by Themperour, not wtout some miraculous inspiratiō of ye holy ghost. This emperour perceiuing, yt the church had ben long time molested, & drawē into partes by the Arianisme, & like to be more greuously torne in sonder wt the heresy of M [...]cedonius, a B. of Cōstantinople, & knowing yt his supreme gouernemēt, & empire, was geuen him of God, to mainteine the cōmon peace of [Page] the Church, & confirmacion of the true faith, summoneth a Synode at Constantinople, in the thirde yéere of his reigne (whiche is the seconde greate and generall councell of the fower notable and famous oecumenicall councelles) and when all the Bishoppes whome he had cited, were assembled, he cometh into the councell house amongest them, he made vnto them a graue exhortation, to consulte diligently, like graue Fathers of the matters propounded vnto them. The Macedonians departe out of the Citie, the Catholique Fathers agrée, conclude a trueth, & sende the canons of their conclusion to the Emperour to be confirmed, writinge vnto him in these woordes: The holy counsaile of Bishops assembled at Constātinople to Theodosius Emperour, the most reuerent obseruer of godlines, Religion, and loue towardes God: VVee geue God thankes, who hath appointed your Emperiall gouernment for the common tranquillitie of his Churches, and to establishe the sounde faithe. Sithe the time of our assembly at Constantinople by your godly commaundement, wee haue renewed concorde amongest our selues, and haue prescribed certaine Canons or rules, whiche wee haue annexed vnto this our writinge: wee beseche therefore your clemency to commaunde the Decree of the Counsaile to be stablished by the letters of your holines, and that yee will confirme it, and as you haue honoured the Churche by the letters where with you called vs together: euen so, that you will strengthen also the finall conclusion of the Decrees with your owne sentence and seale.

After this he calleth an other Councell of Bishoppes Socr. lib. 5. cap. 10. to Constantinople of what Religion so euer, thinkinge that if they might assemble together in his presence, and before him conferre touchinge the matters of Religion, wherein they disagreed, that thei might be reconciled, and brought to vnitie of Faith. He consulteth with Nectarius, and sitteth downe in the councell house amongest them al, and examineth those that were in Heresie, in such sort, [Page] that the Heretiques were not onely astonied at his questions, but also beganne to fall out amongst them selues, some likinge, some mislikinge the Emperours purpose. This done, he cōmaundeth eche sect, to declare their faithe in writinge, and to bringe it vnto him: he appointeth to them a day, whereat thei came as the Emperour cōmaunded, and deliuered vnto him the fourmes of their faithe in writinge: when the Emperour had the sedules in his handes, he maketh an ernest praier vnto God, for the assistaunce of his holy spirite, yt he may discerne the trueth, & iudge rightly. And after he had redde them all, he condemneth the Heresies of the Arians & Eunomians, rentinge their sedules in sundre, & alloweth onely, and confirmeth the faithe of the Homousians, and so the Heretiques departed ashamed, and dasht out of countenaunce.

Theodosius left his twoo sonnes Emperours, of the which I will say but litle: yet wherein it may moste manifestly appeare, that the supreme gouernment in causes Ecclesiasticall belonged to the Emperours.

Archadius the Emperour, when Nectarius the Bishop of Constantinople was dead, and so the sea vacant, was certified thereof: he causeth Iohn Chrysostome to be called from Antioche: he commaundeth the other Bishoppes collected into a Synode, yt they admonishe Chrysostome of Goddes graces, and what belongeth to suche a chardge, and that they choose and order him to be the Bishop of Constantinople. In whiche dooinge, (saith Theodoretus) the Emperour declared Lib. 5. ca. 27 what carefull endeuour, he had about the holy Churche matters. But this supreme authoritie, to care, appoint, and procure woorthy and good Pastours or Bishoppes, when the seas were vacant, appeareth more plainly in Honorius the Emperour, brother to Archadius, whome the Bishop of Rome him selfe in his decrées, and his Glosars on the [Page] same, confesse and acknowledge to haue the ouersight, rule and gouernment in the elections & orderinge of Bishops, yea, ouer the Bishoppe of Rome him selfe.

After the death of Pope Sozimus, were twoo Popes choosen at ones in a great Schisme, the one Bonifacius primus, the other Eulalius, whereof when the Emperour Honorius had notice beinge at Millayne, he caused them Luthprand. bothe to be banished Rome: But after seuen monethes, Bonifacius was by the Emperours commaundement, called againe and confirmed by his authoritie in the Apostolicall sea. This Bonifacius beinge nowe settled in the Papacy, by humble suite to ye Emperour, prouideth a remedie against suche mischiefes in time to come. The case was this, saith the Glosator, Boniface the firste, did beseeche Honorius the Emperour to make a Lawe, whereby it might appeare, Dist. 79. [...] ▪ duo. what were to be done, when twoo Popes were chosen at ones by the vndiscreetnes of the Electours, contendinge amongest them selues. Honorius did than constitute that neither of those twaine shoulde be Pope, but that in a newe Election a thirde shoulde be chosen by common consente. If twoo (saithe the Emperour in his Lawe made at the humble sute of Bonifacius) by chaunce againste righte be chosen, thorough the vndiscreete contention of the Electours: wee permitte neither of them to be Prieste or Pope: but wee iudge him to remaine in the Apostolique sea, whome the diuine iudgement, and the common consente dothe appointe from amongest the Clergy in a newe Election. Vppon this woorde, where the Emperour saithe (wee permitte) the Glosar saith, and so the Emperour dothe not onely abrogate the clayme of bothe those that be chosen in the contention, but dothe make them bothe for that time vnable, and dothe decree an other to be taken out of the Clergie for that time. Againe the Glosar interpretinge this, (the diuine iudgement) saithe: this is the meaninge that the Emperours will and election muste stande, the Clergy and the [Page] whole people acceptinge with thankefull minde whome the Emperour doth choose. For the Emperours were called in those daies holy, and their rescriptes and iudgementes Diuine. Here you sée by the Popes decrées and Glosars, that the Emperour had the supreme rule and gouernement in Churche causes, and this was the continuall practise of the Churche for the most parte, yea, euen the Bishoppes of Rome before they Gratian. dist. 63. were ordered and consecrated, had their election ratified and confirmed by the Emperours, their Lieutenaunt, or other Princes. Sabellicus speakinge of the contentious entraunce of Damasus the first into the Papacy, whiche was not without great bloudshed, as Volateranus saith, dothe note the ambition of the Prelates, to be the cause of suche contention about their atteininge of such roumes. For now (saith he) the ambicious desire of honour, had by litle and litle, begon to entre into the mindes of the Bishoppes. The whiche was proued ouer true, not onely in the elections of the Bishoppes of old Rome, but also in many Bishoppes of other Cities, especially of newe Rome. These diseases in the Churche mynisters, and the disorders thereout springyng: the Emperours from time to time studied to cure and refourme: wherefore Theodosius and Valentinianus when they sawe, the great hoouing and shoouinge at Constantinople, about the election of a Bishop after the death of Sismius: some speakinge to preferre Philippus, other some Proclus, both beinge Socr. lib. 7. cap. 29. mynisters of that Churche, did prouide a remedy for this mischiefe, to witte, they them selues made a decrée, that none of that Churche shoulde be Bishop there, but some straunger from an other Churche, and so the Emperours sent to Antioche for Nestorius, who as yet was thought both Liberat. cap. 4. for his doctrine and life, to be a fitte pastor for the flocke, and made him Bishop of Constantinople.

As Constantinus and Theodosius the elder, euen so Theodosius [Page] the seconde a very godly Emperour, hauing & practisinge Nicep. li. 14 cap. 34. 35. the supreme gouernment in Ecclesiasticall causes, séeinge the horrible Heresies spronge vp, & deuidinge the Church, but specially by Nestorius, did by his authoritie call the thirde generall councell at Ephesus, named the firste Ephesine councell, geuinge streight commaundement to all Bishops wheresoeuer, that they shoulde not faile to appeare at the time appointed, and further vsed the same power and authoritie, in the orderinge and gouerninge thereof by his Lieutenaunt Ioannes Comes Sacrensis, that other Godly Emperours had béene accustomed to vse before him, accordinge to the continuall practise of the Churche, as it is plainely set foorth in the booke of generall Councelles.

In this councell there happened so gréeuous contention betwixt Cyrillus Bishop of Alexandria, and Iohn Bishop of Antioche, bothe beynge otherwise godly and learned men, that the councell was deuided thereby into twoo partes: the occasion of this Schisme was partely, that Cyrillus and certaine other with him had procéeded to the condemnation of Nestorius, before that Ioannes with his company coulde come, and partely for that Ioannes of Antioche Liberat. cap. 6. suspected Cyrillus of certaine Heresies, misdéeminge that Cyrill had made the more haste to confirme them before his comminge. He therefore with his associates complaineth, and laieth to Cyrilles chardge, that he did not tarie accordinge to the commaundement of the Emperour for the comminge of the Bishoppes of other Prouinces, whiche were called thither from all partes, by the commaundement of the Emperour: That whan the noble Erle Candidianus commaunded him by writinge, and without writinge, that he shoulde presume no suche matter, but that he and those that were with him, shoulde abide [Page] the comminge of the other Bishoppes, neuerthelesse he procéeded: that he and his companie were the authours of dissention and discorde in the Churche: and that they had geuen the occasion, that the rules of the Fathers, and the decrées of the Emperours were broken, and troden vnder foote: wherefore they iudge Cyrill of Alexandria, with Memnon Bishop of Ephesus, to be deposed frō their Bishoprikes, and Ecclesiasticall mynistery: & the other their associates to be excommunicate. The whiche their doynges they signifie to the Emperour Theodosius by their Sydonical letters, to vnderstande his pleasure, in allowing or disallowyng of their Synodicall actes. After this came the Bishoppe of Romes legates, before whome in the councell Cyrillus and Memnon offered vp their libelles, deposinge a contestation againste Iohn and his partie to haue them cited, and render the cause of their deposition. The Bishoppe of Romes legates, with the consent of the councel, on that parte, sendeth for Ioannes and his parties, who returneth this answeare: Neither sende you to vs, nor wee to you, bicause wee looke for an answeare from the Prince touchinge you. Therefore saith Liberatus: Cyrill and Memnon, seekinge to reuenge them selues, did condemne Iohn and all those that stoode with him, who suffered many displeasures at Ephesus thorough the pride of these twaine. The Emperour sendeth to the whole Councell his answeare in writinge, on this sorte: Wee allowe the condemnation of Nestorius, Cyrillus, and Memnon: the other actes and condemnations, whiche you haue made▪ wee disallowe, obseruinge the Christian Faithe, and vprightnes whiche wee haue receiued of our Fathers and progenitours. &c. Certaine of the Bishoppes did satisfie the Emperour, whome he commaunded to enter into the Churche, and to ordeine an other Bishop for Constantinople in the place of Nestorius. These thinges thus doone, the Emperour dissolued the Councell, and commaunded the Byshoppes to departe euery [Page] man to his owne countrey. Within a while after the Emperour Liberat. cap. 8. perceiuinge the dissention betwixte Cyrill and Iohn to continewe, whiche he thought was not to be suffered: called Maximianus, and many other Bishoppes that were then at Constantinople, with whome he consulted, howe this Schisme of the Churches, might be taken away. Whose aduise had, the Emperour sente a noble man, named Aristolaus with his letters to Cyrill and Iohn, commaundinge them to come to an agreement and vnitie betwixte them selues, otherwise he woulde depose and banishe them bothe. Whereuppon followed a reconciliation betwéene the twoo Bishops, and muche quietnes to the Churches.

Eutyches stirred vp muche trouble in these daies: wherefore he was cited to appeare before Flauianus Bishop of Constantinople, and other Bishoppes assembled in a Synode, to answeare vnto his heresies: who woulde not appeare but fledde vnto the Emperour Theodosius, and declareth vnto him his griefe. The Emperour sendeth vnto the Synode with Eutyches, one of his chiefe officers Florentius, with this mandate: Bicause wee studie carefully for the peace of Goddes Churche, and for the Catholique Faithe, and Liberat. cap. 11. will by Goddes grace haue the righte Faithe kepte, whiche was sette foorth by the Nicene Councell, and confirmed by the Fathers at Ephesus, when Nestorius was condemned: wee will therefore the [...]e bee no offence committed aboute the aforenamed Catholique Faithe, and bicause wee knowe the honourable Florentius, to be a faithfull and an approoued man in the righte faithe, wee will that he shalbe present in your Synode, bicause the conference is of the Faithe. He was there asistaunt vnto the Fathers and examined Eutyches openly in the Synode, diuerse times of his faithe: and finally saide vnto him: He that (saithe Florentius) doth not confesse in Christe twoo natures, doth not beleeue aright: and so was Eutyches excommunicate, deposed, and condemned. [Page] Eutyches rested not here, but obteined that the Emperour did commaunde a newe Synode to be had at Constantinople, Niceph. li. 14. cap. 47. wherein to examine the actes of the former, whether that all thinges touching the procéeding against Eutyches, were done orderly and rightly or no. He appointeth besides Florentius, diuerse other of his nobles to be in this councell, to sée the dooinges thereof. But when Eutyches coulde not winne his purpose in neither of these Synodes, he procureth by friendship of the Emperesse Eudoxia and others, that the Emperour shoulde call a Synode againe at Ephesus: to the whiche Synode the Emperour prescribeth a fourme of procéedinge. This Synode was a wicked conuenticle, wherein the trueth was defaced and Heresie approoued, the Emperour beinge seduced by Chrysaphius, one of the priuie chamber, and in moste fauour with him.

Leo the first, Bishop of Rome a learned and a godly Bishop, although not without all faultes, maketh humble supplication vnto Theodosius the Emperour, and vnto Pulcheria: that there might be a generall councell called in Italy, to abolishe the wicked errour in Faith, confirmed by the violence of Dioscorus, The selfe same Bishoppe of Rome with many Bishoppes Liberat. cap. 12. kneelinge on their knees, did moste humbly beseeche in like sorte Valent inianus the Emperour, that he woulde vouchesaulfe to entreate and exhorte Theodosius the Emperour to call an other Synode, to reuoke those euill actes and iudgementes, whiche Dioscorus had caused to be done in the condemnation of Flauianus Bishop of Constantinople and others. In whiche examples it is manifest, that the Bishops of Rome did acknowledge the supreme gouernment, direction and authoritie in callinge of councelles, whiche is one of the greatest amongest the Ecclesiasticall causes or matters, to be in the Emperours, and Princes and not in them selues.

[Page] Marcianus, a godly Emperour, and very studious about the Christian Religion, succeded Theodosius, who besides that of him selfe, he was muche carefull to suppresse al heresies, Nicep. li. 15 cap. 1. 2. and to refourme the Churches, restoring Religion to puritie without errour, was also hastened hereunto by the earnest sute of Leo Byshop of Rome: who in diuerse Leo. ep. 44. and sondrie epistles, declaring vnto him in moste humble wise, the miserable state of the Churche, dooth beseche him, that he would vouchsaulfe to call a general councell. Many other Byshops make the same suite vnto the Emperour, and to the same ende: complaining vnto him, of the miserable destruction, and horrible disorders, in church causes. An example and paterne of their supplications, wherby may appeare, that they acknowledged the Emperour to be their Supreme gouernour, also in Ecclesiasticall causes, or matters, is sette foorth in the Chalcedon councell, in the supplication of Eusebius, the Bishop of Dorelaum, Act. 7. vnto the Emperour: who maketh humble supplicatiō as he saith, for him selfe, and for the true or right faith. VVe flie vnto your godlines (saith this Bishop vnto the Emperour) bicause both we and the Christian faith, haue suffered muche wronge against all reason: humbly crauing iustice, and for that Dioscorus hath doon many, and that no small offences, both against the faith of Christe and vs: prostrate, we beseche your clemency, that you will commaunde him to aunswere to the matters, we shall obiecte against him: wherin we will proue him to be out of the catholique faith, defending heresies replete with impietie. VVherefore we beseche you to directe youre holy and honourable commaundement, to the holy and vniuersall councell of the moste religious Bishoppes, to examen the cause betwixt vs, and Dioscorus, and to make relation of all thinges, that are doon, to be iudged as shall seeme good to your clemency. The Emperour In Epist. praeamb. protesting that they oughte to preserue the furtheraunce of the right faythe and Christian Religion, before all [Page] other affaires of the common wealth: sendeth their letters of summons to all Bishoppes, commaundinge them to repaire to Nice, a citie in Bithynia, there to consulte and conclude, an vnitie and concorde in Religion, & matters perteining thereunto, that hereafter all altercation & doubtfulnesse be taken cleane away, & an holesome trueth in Religion established, addinge threates, & punishment to them that would refuse to come at the time appointed. Whan thassembly was made at Nice of all the Bishops, and that the Emperours could not come thither, to be present in the Synode personally, whiche they had promised and did much coueite, they write vnto the whole Synode, willing them to remoue from Nice vnto Chalcedon with out delay: where they assembled at the Emperours commaundement, to the number of. 630. Bishoppes. The Emperour assigneth Iudges and rulers in the Sinode about. 24. of the chiefest of his Nobles and Senatours. After all the Bishoppes and the Iudges were assembled in the councel house, which was in S. Euphemies church: the Emperour Martianus, with Pulcheria, entreth in amongst them, & maketh an Oration vnto the whole Councell, to this effecte. First he declareth, what zeale & care he hath for the maintenance and furtherance of true Religion: Act. 1. Then he sheweth, that partely the vanitie, partely the auarice of the teachers, had caused the discorde and errour in Religion: He addeth the cause wherefore he chardged them with this trauaile: And last of al he prescribeth a fourme, after which they must determine the matters in controuersie. This done, the Iudges sat downe in their places, & the Bishoppes arowe, some on the right hande, & others on the left hande. And whan that Dioscorus was accused, & the Iudges willed him to vse his lawful defence, there began to be amongst the Bishops whote schooles, [Page] wanting some modestie, wherfore the Iudges at the first staied them with milde wordes. VVilling them to auoide confusion: but being earnest, they ouershot the modestie of so graue men: wherfore the honourable Iudges and Senate of the Laity, appointed by the Emperour, did reproue thē, saiyng: These popular acclamations, neither becommeth Bishoppes, neither yet helpe the parties: be ye quiet therfore, and suffer al things to be rehersed and heard, in order with quietnes. VVhen the Iudges and Senate, had duely examined the causes, they gaue sentence to depose Dioscorus and others: So that this their iudgement seemed good to the Emperour, to whome they referred the whole matter.

In the next action, the Iudges and Senate after rehersal Act. 2. made, what was done before, do propounde vnto the Synode, what matters were nowe to be consulted of, and willeth them to make a pure exposition of the faith, & that without any sinister affectiō, declaring that the Emperour and they, did firmely kepe and beleue, according to the faith receyued in the Nicen councell: whereunto the Bishoppes also accorde, and saieth, that no man maketh, or may attempt to make any other exposition. Certeine of the Synode desired to heare the Symbol of the Nicen councell recited, whiche the Senate and Iudges graunted vnto them.

After that it was agreed vpon, by the whole Synode, that Dioscorus should be deposed, the Synode wryteth vnto the Emperous Valentinianus, and Martianus, saiynge in this fourme: Greuous diseases neadeth both a stronge medicine, and also Act. 3. a wise Physition: For this cause therefore, the Lorde oueral, hath appointed 630. bishops confesse the Princes supremacie in Ecclesiasticall causes. your goodlines as the best and chiefe Physicion ouer the diseases of the whole worlde, that you shoulde heale them with fitte medicines. And you moste Christian Emperours, receiuinge commaundement from God aboue other men, haue geuen competent diligence for the Churches, framing a medicine of concorde vnto the Byshoppes. This, thus in waie of Preface saide, they declare what [Page] they haue done touchinge Dioscorus, they shewe the cause and reasons, that moued them therunto: both that the Emperour shoulde consider his wickednes, and also the sinceritie of their sentence.

In the fourth Action, when the rehersal of all thinges Act. 4. passed before was done, the Iudges and Senate asketh if all the Bishoppes agree: whereunto they answered, yea, yea. The Synode had requested the Iudges and the Senate, to make suite to Themperour for fiue bishops, which otherwise must be deposed, as was Dioscorus, whiche they did, and made this relation vnto the Sinode: That the Emperour, perceiuinge the humble suite of the Synode, dooth licence them to determine touchinge the fiue, what they thought good: admonisshinge them notwithstandinge, to geue good heede what they did: for that they must make an accompte to god of their dooinges.

In the fifth Action, the Iudges willed the Synode, to Act. 5. reade those thinges, whiche were agreed vpon touchinge the Faith: whereabout began a great contention, one parte of them allowinge, an other sorte disallowing that was redde amongst them. The Iudges séeinge the exclamations and confusion, that was amongst them, appointeth a Committy, choosinge foorth of sundry partes a certaine number to goe aside with the Iudges, to make a resolution. When they preuailed nothinge, they threatened the whole Synode, that they would signifie these disordered clamours vnto the Emperour, whiche they did. The Emperour immediatly of his Supreme authoritie, appoincted the order of Committies, whiche the Iudges had deuised before: geuing them in commandement, that goinge aside by them selues, they should consult and conclude a trueth in Faith, with suche plainnesse, that there might no more doubtes arise thereof, whereunto al shoulde agrée. The Synode obeyed, and folowed the [Page] Emperours directiō, & the Committies with the Iudges, goeth aside into a secrete place, maketh conference, concludeth, and commeth againe into the Synode, & reciteth their determination, whereunto the whole Synode gaue their consent, and so the Iudges commaundeth, that this their definition should be shewed vnto Themperour.

The Emperour commeth into the Synode place, in Act. 6. his owne persone, with Pulcheria, his nobles, and Senatours, and maketh vnto the Synode an Oration, of this effect. He careth for nothing so muche, as to haue all men rightly perswaded in the true Christian faith: He declareth the occasions, why he sommoned the Synode: He cō maundeth that no man be so hardy, hereafter to hold opinion, or dispute, of the Christian faithe, otherwyse than was decreed in the first Nicen councell, he chargeth them therefore, that all partaking, contention, and couetousnes laide apart, the onely truthe may appeare to al men. He declareth his cōming into the Synode, to be for none other cause, then to confirme the fayth, and to remoue from the people in tyme to come, all dissention in Religion. And last of all, he protesteth this to be his whole care, and study, that all people may be brought into an vnitie, and vnifourme agreement in pure Religion, by true and holy doctrine. The chiefe Notarie, humbly asketh of the Emperour, if it will please him to heare their definition redde: The Emperour willeth that it should be recited openly, he enquireth of them all, if euery man consented thereunto: they answere, that it is agreed vpon by all their consentes. Whereunto they adde many acclamations, commending the worthines of his Emperiall gouernement, concluding: By thee O woorthy Emperour, the right faith is confirmed, haeresies banished, peace restored, and the Churche refourmed. After these acclamations, the Emperour [Page] doth openly declare vnto the Synode a statute, whiche he maketh to cut of and put away from thencefoorth, al maner occasion of contention about the true faithe, and holy Religion. The whole Synode desireth the Emperour, to dissolue the councell, and to giue them leaue to departe: whereunto the Emperour woulde not consent, but commaundeth that none of them depart.

Bassianus, of late the Bishop at Ephesus, complaineth vnto the Emperour, to directe his letters to the Synode, to Act. 11. haue his cause hearde. The Emperour commaundeth the Synode to heare the matter. The Iudges, commaundeth Stephanus Byshop of Ephesus, to make aunswere vnto Bassianus his complaint. After due examination had by the Iudges, openly in the Synode in this controuersie, the Iudges asked of the Synode, what they iudged to be doone. The Bishops adiudged Bassianus to be restored. But the Iudges appointed by the Emperour, woulde not alowe that sentence, but deemed neither of them bothe worthy to occupy that Byshoprike, and that there should be a thirde chosen, and admitted to that sea, to the whiche iudgement, the whole Synode did accorde. After the ende of this councell, the Emperour doth confirme the determination thereof by his publique Decree.

This Synode being finished, the Emperour banished Dioscorus into the Cytie of Gangren. Whiche thyng doon: Cap. 14. The Nobles of the Cytie (sayth Liberatus) assembled together to chose one, bothe for life and learning, worthy of the Byshoprike: for this was commaunded by the Emperours Decrees. At the length Proterus was made Bishop: against whom the sedicious people raysed one Timotheus Hellurus, or Aelurus, who in conclusion, murthered Proterius. The catholique Bishoppes, whiche mainteined the Chalcedon councell, made humble supplication vnto Leo the Emperour, both to reuenge the [Page] death of Proterius, and also to depose Timotheus Hellurus, as Libe. ca. 15. one not Lawfully instituted in the Bishoprike: on the cō trary parte, other Bishoppes make supplication vnto him, in the defence of Timotheus, and against the Chalcedon councell. When Leo the Emperour had considered the matter of both their supplications, for good & 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 Cap. 16. 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 ye 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 [Page] offended with Iohn, for that he had not sent vnto him synodical letters, to signifie of his electiō, as ye 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, Lib. ca. 18. 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, The princes supremacie in al causes 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 ye 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 [Page] 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 Act. 1. 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 hū ble 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 [Page] 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 Cap. 19. saithe. About the election of Symachus, Platina mentioneth what great diuision and sedition arose, in so much Platina. yt 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 Sabell. 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 shewe muche, that the Princes had no small entermedlinge, and authority in Synodes & Church matters. This Synode was summoned to be kepte in [Page] Rome, by the commaundement of the moste honorable Kinge Theodoriche. He declareth that many and gréeuous complaintes, were brought vnto him againste Symachus Bishoppe of Rome. Symachus commeth into the Synode to answeare for him selfe, geueth thankes to the Kinge for callinge the Synode, requireth that he may be restored to suche thinges as he had loste by the suggestion of his enemies, and to his former state, and then to come to the cause, and to answeare the accusers. The more parte in the Synode, thought this his demaunde reasonable: Decernere tamen aliquid Synodus sine regia notitia non praesumpsit. Yeat the Synode praesumed not to decre [...] any thinge without the Kinges knowledge. Neyther came it to passe as they wished: for the Kinge commaunded Symachus the Bishoppe of Rome to answeare his aduersaries before he shoulde resume any thinge. And so the kinge committed the whole debatinge and iudginge of the matter to the Synode, whiche concludeth the sentence with these woordes: VVherefore accordinge to the Kinges will or commaundement who hath committed this cause to vs, wee refourme or restore vnto him (to Symachus) what right so euer he ought to haue within the Citie of Rome, or without.

As it is and shalbe most manifestly prooued and testified by the oecumenicall or general councelles, wherin the order of the ecclesiastical gouernment in Christs Church, hath béene most faithfully declared, and shewed from time to time (as you your selfe affirme) that suche like gouernement as the Quéenes Maiestie doth claime and take vppon her in Ecclesiasticall causes was practised continually by the Emperours: and approued, praysed and highly commended by thousandes of the beste Bishoppes & most godly Fathers that hath béene in Christes Church from time to time: euen so shall I prooue by your owne [Page] booke of generall councelles mangled, maymed, and set foorth by papishe Donatistes them selues, and other suche like Churche writers, that this kinde, and suche like gouernment, as the Quéenes Maiestie doth vse in Churche causes, was by continuall practise, not in some one onely Churche or parte of Christendome (whereof you craue proufe, as though not possible to be shewed) but in the notablest Kingdomes of al Christendome, as Fraunce and Spaine, put in vre: whereby your wilfull, and malicious ignorance shalbe made so plaine, that it shalbe palpable to them whose eyes you haue so bleared, that they cannot sée the trueth.

Clodoueus about this time the firste Christian kinge of Fraunce, baptized by Remigius, and taught the Christian faith: perceyuinge that thorough the troublesome times of warres, the Churche discipline had béene neglected and muche corruption crepte in, doth for reformacion hereof call a nationall councell or Synode at Aurelia, and commaundeth the Bishoppes to assemble there together, to consult of suche necessary matters as were fitte, and as he deliuered vnto them to consulte of. The Bishoppes doo accordinge as the Kinge cōmaundeth, they assemble, they commende the kinges zeale, and great care for the catholique faith, and Religion, they conclude accordinge to the Kinges minde, and doth referre their decrées to the iudgement of the Kinge, whome they confesse to haue the superioritie, to be approoued by his assent. Clodoueus also called a Synode named Concilium Cabiloneū, and commaunded the Bishoppes to consider if any thing were amisse in the discipline of the Churche, and to consulte for the reformation therof: and this (saith the Bishoppes) he did of zeale to Religion and true faith.

Other fower Synodes were summoned afterwarde [Page] in the same Citie at sondry times, by the commaundemēt of the king, named Childebert, moued of the loue & care, he had for the holy fayth, and furtheraunce of Christian Religion, to the same effect and purpose that the first was sommoned for.

This kyng Childebert, caused a Synode of Bishoppes to assemble at Parys, and commaunded them to take order for the reformation of that Churche, and also to declare whom they thought to be a prouident Pastor, to take the care ouer the Lordes flocke, the Bishop Saphoracus, beinge deposed for his iust demerites.

Theodobertus king of Fraunce, calleth a Synode at Aruerna in Fraunce, for the restoring and establyshing the Churche discipline. Gunthranus the king, calleth a Synode, named Matisconens. 2. to refourme the Eclesiasticall discipline, and to confirme certeine orders, and ceremonies, in the Churche, whiche he declareth plainely in the Edict, that he setteth foorth for that purpose. Wherein he declareth his vigilant and studious carefulnes, to haue his people trained & brought vp, vnder the feare of God, A princes charge. in true Religion, and godly discipline, for otherwise (saith this Christian king) I to whom God hath committed this charge, shall not escape his vengeaunce. He sheweth the Bishops that their office is to teach, comfort, exhort, to reproue, rebuke, and correct, by preaching the worde of God. He commaū deth A bishops iurisdictiō. the elders of the Churche, and also others of authoritie, in the common weale, to iudge and punishe, that thei asiste the Bishoppes, and sharpely punishe by bodely punishement, such as will not amende by the rebuke and correction of the worde, and churche discipline. And concludeth, that he hath caused the Decrees in the councell, touching discipline, and certeine ceremonies to be defined, the whiche be doth publishe and confirme, by the authoritie [Page] of this edict.

After the death of Anastasius the Emperour, Iustinus reigned alone a right catholique Prince, who immediatly sent Platina. messengers vnto the Bishop of Rome, who should both confirme the authoritie of the sea, and also shoulde prouide peace for all Churches, so muche as might be, with whiche doinges of the Emperour, Hormisda the Bishop of Rome, being moued, sent vnto the Emperour, with consent of Theodoriche, Legates. Martinus P [...]nitentiar [...]us telleth, the Mar. Poeni. cause of this legacy was, to entreate the Emperour to restore those Bishoppes, which the wicked Anastasius had deposed. This godly Emperour Iustinus (saieth Martyn) did make a Lawe, that the Churches of the Heretiques, shuld be consecrated to the catholique Religion, but this Decree was made in Iohn the next Popes daies. The whiche edict when the kyng Theoderiche, being an Arian (saieth the same Martyn,) and kinge of Italy, herde, he sent Pope Iohn (saith Sabellicus) with others in embassage vnto the The Pope is the kinges Ambassadour. Emperour, to purchase libertie for the Arians. Iustinus receyued these Embassadours honourably, saith Platina, and the Emperour at the lengthe ouercome with the humble suite of the Pope, whiche was sauced with teares, graunted The Popes hūble sute to the Emperour, for the Arian heretiques. to him and his associates, that the Arians shoulde bee restored, and suffered to lyue after their orders.

In this history, this is not vnworthy the noting, that the Pope did not onely shewe his obedience and subiectiō to the godly Emperour, but also that the secular Princes, ordeyned Lawes Ecclesiastical, with the which the Pope could not dispence. For all this busynes arose about the decree, whiche the Emperour had made in an Ecclesiasticall cause or matter. If the Popes authoritie in these causes, had been aboue the Emperours, he needed not with suche lowlynes, and so many teares to haue besought the Emperour to haue reuoked his decree and edict.

[Page] Within a whyle after this Iohn, was Agapetus Pope, Valateran [...]. whom Theodatus the kynge, sent on his Ambassage vnto the Emperour Iustinianus, to make a suite or treaty in his behalfe. When the Emperour had enterteined this Ambassadour with muche honour, and graunted that he came for, touching Theodatus, he earnestly both with fayre Sabell. wordes, and foule, assayled this Pope, to brynge him to become an Eutychian: the which when he could not wynne at his hande, beyng delighted with his free speeche and constancie, he so lyked hym, that he foorthwith deposed Anthemius Byshoppe of Constantinople, bycause he was an Eutychian, and placed Menna a Catholique man, in his rowme. Agapetus dyed in this Legacy, in whose rowme was Syluerius made Pope, by the meanes, or rather, as Sabellicus sayth, by the commaundement of the kinge Theodatus, the whiche vntill this time, was wont to bee doone by the authoritie of the Emperours (sayeth Sabellicus,) for the reuenge whereof, Iustinianus was kindled to make warres against Theodatus. Syluerius was shortlye after quarrelled withall by the Empresse, through the meanes of Vigilius, who sought to bee in his rowme, and was by the Emperours authoritie deposed. The whiche acte, although it were altogether vniust, yet declareth it the authoritie that the Prince had ouer the Pope: who lyke a good Byshoppe, as he woulde not for any threates doo contrary to his conscience and office▪ so lyke an obedient subiecte, he acknowledged the Prynces authoritie▪ beynge sent for, came: beinge accused, was ready with humblenes to haue excused and purged hym selfe: and whan he coulde not be admitted therunto, he suffred him selfe obediently to be spoyled of the Bishoplike apparayle, to bee displaced out of his office, and to be clothed in a Monasticall garment.

[Page] The same measure that Vigilius did giue vnto Syluerius, he him selfe beyng Pope in his place, receyued shortly after, with an augmentation, for he was in like sorte within Sabell. a whyle, deposed by the Emperours authoritie, bicause he would not kepe the promise whiche he had made vnto the Emperesse, and was in moste cruell wise dealt with all: whiche crueltie was the rather shewed to him by the meanes and procurements (as Sabellicus noteth) of Pelagius, whom Vigilius had placed to be his Suffragan in his absence.

About this tyme, Epiphanius Bishop of Constantinople, as Liberatus saith, died, in whose rowme the Empresse Cap. 20. placed Anthymus. About whiche time, was great strife betwene Gaianus and Theodosius, for the Bishoprike of Alexandria, and within two monethes, saith Liberatus, the Empresse Theodora, sent Narses a noble man, to enstall Theodosius, and to banishe Gaianus: Theodosius beinge banished, the sea was vacant: wherunto Paulus (who came to Constantinople to pleade his cause before the Emperour, against certeine stubborne monkes) was appointed, and he receiued (saith Liberatus) authoritie of the Emperour, to remoue heretiques, Cap. 23. and to ordeine in their places men of right faith. This Paulus was shortely after accused of murther, whereupon the Emperour sent Pelagius the Popes proctour, liyng at Constantinople, ioyning vnto him certeine other Bishoppes, with commission, to depose Paulus from the Bishoplike office, whiche they did: and they ordered for him zoilus, whome afterwarde Ibid. the Emperour deposed, and ordered Apollo, who is nowe the Bishop of Alexandria (saith Liberatus) Certeine Monkes met with Pelagius in his retourne from Gaza (where Paulus was deposed) towardes Constantinople, bringing certeine articles, gathered out of Origenes workes, minding to make suite vnto the Emperour, that both Origen and those articles [Page] might be condemned, whome Pelagius for malice he bare to Theodorus Bishop of Caesaria in Cappadocia, an ernest fautor of Origen, did further all that he might. Pelagius therfore doth earnestly entreate the Emperour, that he would commaunde that to be doone whiche the Monkes sued for: to witte, that Origen with those articles shoulde be damned. The whiche suite the Emperour graunted, beinge gladde to geue iudgement vppon suche matters, and so by his commaundement, the sentence of the great curse against Origen, and those Articles were drawne foorth in writing and subscribed with their handes, and so sente to Vigilius the Bishop of Rome, to zoilus Bishop of Alexandria, Euphemius of Antioche, and Peter Bishop of Hierusalem. These Bisshops receiuinge this sentence of the curse, pronounced by the Emperours commaundement, and subscribinge thereunto: Origine was condemned beinge dead, who before longe agoe on liue was condemned.

When Theodorus Bishop of Caesarea in Cappadocia herde of this condemnacion, to be reuenged, he laboured ernestly Cap. 24. with the Emperour, to condemne Theodorus Mopsuestenus a famous aduersarie of Origen, the whiche he brought to passe by ouermuche fraude, abusinge the Emperour to the great slaunder and offence of the Churche. Thus in all these Ecclesiasticall causes, it appeareth the Emperour had the chiefe entermedlinge, who although at the laste was beguiled by the false Bishoppes: yet is it woorthy the notinge by whome this offence in the church came, which appeareth by that, that followeth: I beleeue that this is manifest to all men (saith Liberatus) that this offence entred into the Churche, by Pelagius the Deacon, and Theodorus the Bishoppe, the whiche euen Theodorus him selfe, did openly publis he with clamours: cryinge, that he and Pelagius were woorthy to be brente quicke, by whome this offence entred into the worlde.

This Pelagius as yet was but Suffragan or proctor for [Page] the Pope, who afterwarde in the absence of Pope Vigilius his maister crepte into his sea, in the middest of the broiles that Totylas kinge of the Gothes made in Italy, when also he came to Rome. In the which history is to be noted the Popes subiection to Totylas, whome humbly on his knées he acknowledged, to be his Lorde appointed therto of God, and him Sabellicus. selfe as all the rest to be his seruaunt. Note also howe the kinge sent him Embassadour, what chardge, and that by Othe, of his voyage, of his message, and of his returne, the King streightly gaue vnto him: howe buxomely in all these thinges he obeyed: How last of all towarde the Emperour (beinge commaunded by him to tell his message) he fell downe to his féete, and with teares both to him and to his nobles, he ceased not to make moste lamentable, and humble supplication, till without spéede, but not without reproche, he had leaue to returne home. But least you should take these thinges, to set foorth that Princes had onely their Iurisdiction ouer the Ecclesiasticall. persones, and that in matters Temporall, and not in causes Ecclesiasticall, marke what is writen by the Historians. Platina amongest the decrées of this Pope Pelagius, telleth, (and the same witnesseth Sabellicus) that Narses the Emperours other deputie, Ioyntly with Pelagius did decree, that none by ambition shoulde be admitted to any of the holy orders. Pelagius more ouer writeth vnto Narses, desiringe him of his ayde againste all the Bishoppes of Liguria▪ 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 [Page] 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 [Page] taught and mainteined Heresies and Schismes, to the great disquieting of the Churche against the doctrine established Euag. li. 4. Cap. 38. 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 Niceph. li. 17. Cap. 27. 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 [Page] 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 The Emperour commaundeth the Pope to come to the Synode. 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 [Page] 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. Theodorus maketh relacion vnto the Synode hereof, deliuereth the Billes of supplication to be considered on: presenteth the parties to the Synode, and sheweth that this is the Emperours pleasure, that they shoulde dispatche and ende these matters. Paulus the Bishoppe of Apamea, in his bill of supplication, offred to the most godly Emperour in the name of all his, acknowlegeth him to be the highest Potentate in the worlde next vnto God: who hath magnified his Empire, The prince the highest potentate next to god in al causes and throwen his aduersaris vnder him: bicause he mainteineth the onely and pure Faith: offreth vnto god pure Leuen, that is to saie, true doctrine as incense, and burneth the chaffe (meaning false Religion) with vnquencheable fier. And after the Declaration of their Faith, talkinge of the Eutychian or counterfaite catholique, He desireth the Emperour, to whom God hath reserued the [Page] full authoritie to directe, to cut him from the Churche, and to expulse God reserueth to the prince the fulnes of direction in Ecclesi. causes. him out of his Dominions. In like sorte the Religious men, and the Monasteries of Secunda Syrta, doo offer vp a booke of supplication vnto the Emperour, beséechinge him, that he wil commaund the Archebishoppe Mennas, president of the councel, to receiue their booke, & to consider of it according to the Ecclesiastical Canons. The Emperour maketh a lawe and constitution, to ratifie & confirme the iudgemēt of ye Sinode against Anthymus, & other heretiques: wherein also he decreeth touchinge many other ecclesiastical matters or causes: as, No man to Rebaptize: to prophane the holie Communion: to call Conuenticles: to dispute further in those matters concluded on: to publishe or set foorth the Hereticall bookes: to communicate with them. And so knitteth vp all, with this conclusion. Wee haue decreed these thinges for the common peace of the moste holie Churches: these thinges haue we determined by sentence.

All thinges beinge thus doone, by the commaundement of the Emperour, in the first Action, & so foorth, in the seconde, thyrde, and fowrth, after many acclamations, the Presidente of the Councell Mennas, concludeth: saiynge to the Synode: That they are not ignorant of the zeale and minde, of the Godly Emperour, towardes the right Faith, and that nothinge of those that are moued in the Churche, ought to be doone Nothinge may be don in Churche matters, without the princes authorite. without his will and commaundement.

Suche is the aucthoritie of Princes in matters Ecclesiasticall, that the Godly auncient Fathers did not onely confesse, that nothinge moued in Church matters, ought to be done without their aucthoritie, but also did submitte them selues willingly with humble obedience, to the direction of the Godly Emperours, by their lawes, in all matters or causes Ecclesiasticall, whiche they woulde not haue doone, if they hadde thoughte, that Princes [Page] oughte not to haue gouerned in Ecclesiastical causes. The same zelous Emperour doth declare, that the authoritie of the Princes lawes doth rightly dispose and kepe Cod. lib. 1. tit. 17. in good order, both spirituall and temporal matters, and driueth away all iniquitie: wherefore he did not onely gather togeather as it were into one heape, the lawes that he him selfe had made, and other Emperours before him, touchinge ciuill or temporall matters: but also many of those lawes and constitutions, whiche his auncestours had made in Ecclesiastical causes: Yea, there was nothinge perteininge to the Churche gouernmente, whiche he did not prouide for, order, and diricte by his lawes and constitutions: wherein maie euidently appeare the aucthoritie of Princes, not onely ouer the persons, but also in the causes Ecclesiasticall. He made a common and generall Nouell. const. 3. lawe to all the Patriarches, touchinge the orderinge of Bishoppes, and all other of the clergie, & Church The Emperours Ecclesiasticall lawes. ministers: prescribinge the number of them to be suche, as the reuenues of the Churches may well susteine: affirminge that the care ouer the Churches, and other Religious houses, perteine to his ouersight: And dooth further inhibite, that the ministers doo passe foorth of one Church to an other, without the licence of the Emperour or the Byshoppe: the whiche ordinaunce he gaue also to those that were in Monasteries. He geueth authoritie to the Patriarche or Byshoppe, to refuse and reiecte, although greate suite by men of muche authoritie be made. He prescribeth in what sorte, & to what ende the churche goodes shoulde be bestowed, and threatneth the appointed paynes to the Byshop and the other ministers, if they transgresse this his constitution.

He prescribeth in what sorte, the Bishop shall dedicate a Monastery: he giueth rules and fourmes of examination, Const. 5. [Page] and trial of those that shalbe admitted into a Monastery, before they be professed: in what sort and order they shall liue together: He prescribeth an order and rule, wherby to choose and ordeyne the Abbot: He requireth in a Monastical persone, diuinorum eloquiorum eruditionem, & conuersationis integritatem: Learning in Gods woorde, and integritie of life. And last of all, he chargeth the Archebishoppes, Bishops, & other Church ministers, with the publishing and obseruing of this his constitution: Yea his Temporall officers and Iudges also, threatening to them both, that if they do not see this his Lawe executed and take the effecte, they shall not escape condigne punishement.

He protesteth, that Emperours ought not to be careful Const. 6. for nothing so muche, as to haue the mynistery faithfull towardes God, and of honest behauiour towardes the worlde, whiche he saith, will easely be brought to passe, if the holy rules whiche the Apostles gaue, and the holy fathers kept, and made plaine, be obserued and put in vre. Therefore, saith he, we folowing in al thinges the sacred rules (meaning of the Apostles) doo ordeine and decree. &c. and so maketh a constitution and Law, touching the qualities and condicion, that one to bee chosen and ordred a Bishop, ought to haue, and prescribeth a fourme of triall and examinacion of the party, before be be ordered:: adding that if any be ordered a Bishop, not qualified according to this constitution, both he that ordereth, and he that is ordered, shall lose their Bishoprikes. He addeth furthermore, that if he come to his bishoprike by giftes or rewardes, or if he be absent from his Bishoprike aboue a time limited, without the commaundement of the Emperour, that he shall incurre the same penalties. The like orders and rules he prescribeth in the same constitucion [Page] for Deacons, Diaconisses, Subdeacons, and Readers: cō maunding ye Patriarches, Archbishops & Bishops to promulgate this cōstitution, & to see it obserued vnder a pain.

He affirmeth that this hath been an auncient Lawe, and doth by his authoritie, renue and confirme the same: that no man haue priuate chappels in their houses, wherin Const. 57. to celebrate the diuine misteries: whereunto he addeth this warning to Mennas the Archebishop, that if he knewe any suche to be, and doo not forbidde and refourme that abuse, but suffer this constitution of the Emperour to be neglected add broken, he him selfe shall forfait to the Emperour fifty poundes of golde.

Also that the mynisters keepe continuall residence on their benefices: otherwise the Bishop to place others in their rowmes, and they neuer to be restored. Const. 58.

Whan this Emperour vnderstode, by the 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 [Page] 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 ye 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 ye habilitie of their Churches, concluding thus: Surely if any presume by any meanes to take more than we haue appointed, either in name of [Page] 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 cō maundeth 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 [Page] 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 Const. 133. be searched by the authority of the Emperour, who hath, (saith he) receiued The Prince hath supreme gouernment ouer al persones in all māner causes. 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. August. Epist. 48.

Arriamirus Kinge of Spaine, commaunded twoo councelles to be celebrated in a Citie called Brachara, the one Bracha. 1. 2. 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.

[Page] 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, Brach. 3. 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 Clergy and the people elected Gregory the firste, called afterwardes the great. But the custome was (saithe Sabellicus) which is declared in an other place, that the Emperours should ratifie by their consent, the election of him that is chosen Pope. And to stay the Emperours approbation (saith Platina) he sente his messengers with his letters, to beseeche the Emperour Mauritius, that he woulde not suffer the election of the people and clergy to take effecte, in the choyse of him. &c. So muche did this good man (saithe Sabellicus) seekinge after heauenly thinges, contemne earthly and refused that honour, for the whiche other did contende so ambiciously. But the Emperour beynge desirous to plante so good a man in that place, woulde not condescende to his request but sent his Embassadours, to ratifie and confirme the election.

Richaredus Kyng of Spaine, rightly taught and instructed in the Christian faithe, by the godly and Catholique Bishoppe Leander Bishop of Hispalis, did not onely bringe to passe, that the whole nation, shoulde forsake the Arianisme and receyue the true faithe, but also did carefully study howe to continue his people in the true Religion by his meanes newely receiued. And therefore commaunded all the Bishoppes within his Dominions to assemble togeather at Toletum, in the fourth yéere of his reigne, and there to Tol. 3. consulte about stayinge and confirminge of his people in true faithe and Religion of Christe by godly discipline. [Page] Whan the Bishoppes were assembled in the conuocation house, at the kinges commaundement: the king commeth in amongst them, he maketh a short, but a pithy and most Christian oration vnto the whole Synode: Wherein he sheweth, that the cause wherfore, he called them together into the Synode was, To repaire and make a newe fourme of Churche discipline, by common consultation in Synode, whiche had béene letted longe time before by the Hereticall Arianisme, the whiche stay and let of the Arians haeresies, it hath pleased God (saithe he) to remoue and put away by my meanes. He willeth them to be ioyfull and gladde, that the auncient manner to make Ecclesiasticall constitutions for the well ordering of the Churche, is now thorough Gods prouidence reduced and brought againe to the boundes of the Fathers by his honorable industry. And laste of all he doth admonishe and exhorte them, before they beginne their consultation, to faste and pray vnto the Almighty, that he will vouchesaulfe to open and shewe vnto them a true order of discipline, whiche that age knewe not, the senses of the Clergie were so muche benūmed, with longe forgetfulnes. Whereuppon there was a three dayes faste appointed. That doone the Synode assembleth, the kinge commeth in, and sitteth amongst them: he deliuereth in writinge to bée openly redde amongest them the confession of his Faithe, in whiche he protesteth, with what endeuour and care, beyng their king, he ought not onely to study for him selfe, to be rightly geuen to serue and please God with a right Faithe in true Religion, but also to prouide for his subiectes, that they be thoroughly instructed The duetifull care of a Prince aboute Religion. in the Christian Faithe. He affirmeth and thereto taketh them to witnes, that the Lorde hath styrred him vp, enflamed with the heate of Faithe: both to remooue and put away the furious and obstinate Heresies and [Page] Schismes, and also by his vigilaunt endeuour and care to call and bringe home againe the people vnto the confession of the true faith, and the communion of the Catholique Churche. Further alludinge to the place of S. Paule, where he saith, that thorough his mynistery in the Ghospell, he offreth vp the Gentiles vnto God, to be an acceptable Sacrifice: he saithe to the Bishoppes, That he offreth by their mynisterie, this noble people, as an holy and acceptable Sacrifice to God. And laste of all with the rehersall of his faithe, he declareth vnto the Bishoppes, That as it hath pleased God by his care and industry to winne this people to the faith, and vnite them to the Catholique Churche: so he chardgeth them, now to see them staide and confirmed by their diligent teachinge, and instructinge them in the trueth. After this confession was redde, and that he him selfe, and also his Quéene Badda, had confirmed and testified the same with their handes subscripcion: the whole Synode gaue thankes to God with many and sundry acclamacions, saying: That the Catholique Kinge Richaredus is to be crowned of God with an euerlastinge crowne, for he is the gatherer togeather of newe people into the Churche. This Kinge truely ought to haue the Apostolique rewarde, who hath perfourmed the Apostolique office. This done, after the Noble menne and Bishoppes of Spaine, whome the woorthy Kinge had conuerted, and brought to the vnitie of Faithe, in the Communion of Christes Churche, had also geuen their confession openly, and testified the same with subscription: the Kinge willinge the Synode to goe in hande to repayre and establishe some Ecclesiasticall discipline, saithe to the Synode, alludinge to S. Paules saying to the Ephesians, to this effect: That the care of a kinge ought to stretch foorth it selfe, and not to cease till he haue brought the subiectes to a ful knowledge and perfect age in Christ: and as a kinge ought to bende all his power and authoritie to represse [Page] the insolence of the euill, and to nouris he the common peace and tranquilitie: A princes special care for his subiectes. Euen so ought he muche more to study, labour and be carefull, not onely to bring his subiectes from errours and false Religion, but also to see them instructed, taught, and trained vp, in the trueth of the cleere light. And for this purpose he dooth there decree of his owne authoritie, commaunding the Bishoppes to see it obserued, that at euery Communion time, before the receipt of the same, all the people with a loude voice together, doo recite distinctly the Symbole, or Crede, set foorth by the Nicen councell. When the Synode had consulted about the discipline, and had agreed vpon suche rules and orders, as was thought moste mete for that time and Churche, and the kinge had considered of them, he doth by his assent and authoritie, confirme and ratifie the same, and first subscribeth to them, and then after him all the Synode. This zelous care and carefull study of this, and the other aboue named princes, prouiding, ruling, gouerning, and by their princely power and authouritie, directing their whole Clergy, in causes or matters Ecclesiasticall, was neuer disallowed, or misliked, of the auncient fathers, nor of the Bishoppes of Rome, till nowe in the latter dayes, the insaciable ambicion of the Clergy, and the ouermuche negligence and wantones of the Princes, with the grosse ignorance of ye whole Laity, gaue your holy father, the childe of perdicion, the full sway, to make perfect the mystery of iniquitie: Yea, it Li. Epist. 7. Epist. 126. may appéere by an Epistle that Gregorius surnamed great, the Pope at that time commended the Princes gouernmēt in causes Ecclesiast Bishop of Rome, writeth vnto this worthy king Richaredus, that the Bishop of Rome did much cōmende this carefull gouernement of Princes in causes of Religion. For he moste highly commendeth the doinges of this moste Christian king. He affirmeth that he is ashamed of hym selfe, and of his owne slacknes, when he doth consider the trauaill of kinges in gathering of soules to the celestial [Page] agayn. Yea, what shall I (sayeth this Byshop of Rome to The prince calleth coū cels and gouerneth Ecclesiasticall causes with out any doinge of the Pope therin the king) answer, at the dreadfull doome, when your excellencie shall leade after your selfe flockes of faithfull ones, whiche you haue brought into the true faith, by carefull and continuall preaching. &c. Although I haue medled and done nothing at all with you, doing this altogether without me, yet am I partaker of the ioye therof with you. Neither doth Gregory blame this kyng as one medlyng in Churche causes, wherin he is not Ruler: but he prayseth God for him, that he maketh godly constitutions against the vnfaithfulnes of miscreantes: & for no worldly respect wilbe perswaded to se thē violated.

Next after Sabinianus, an obscure Pope, enemy and successour to this Gregory, succeded Bonifacius. 3. Who although he durst not in playne dealing denie, or take from the Emperours, the authoritie & iurisdiction in the Popes election, and other Churche matters: yet he was the first that opened the gappe thereunto: for as Sabell testifieth, Sabell. Plat. Paul. Diac. Volater. Naucler. Martinus. with whom agree all other writers, for the moste parte: This Bonifacius immediatly vpon the entraunce into his Papacy, dealte with Phocas, to winne that the Churche of Rome, might be head of al other Churches, the which he hardely obteined, bicause the Grecians did chalenge that prerogatiue for Constantinople. After he had obteyned this glorious & ambicious title, of the bloudy tyrant Phocas, and that with no smal bribes: like vnto one that hauing a beame in his owne eie, went about to pul the mote out of his brothers, he made a decree, that euery one should be accursed, that prepared to himselfe a way into the Papacy, or any other Ecclesiastical dignitie, with frendship or bribery. Also that the Bishops in euery city, should be chosen by the people and Clergy: and that the election should be good, so that the Prince of the City did approue the party by them chosen, and the Pope adding his authoritie therto, had ones saide, volumus & iubemus: we will and commaunde. But saith Sabell. both these decrees are abolished.

[Page] Nowe began this matter to brue by litle and litle, first he obteined to be the chiefe ouer all the Bishoppes, then to couer vice with vertue, and to hide his ambicion, he condemned all ambicion in labouring Spirituall promocion, and in the election of Bishoppes, where the confirmation before was in the Emperours: bicause the Emperour gaue him an Inche, he toke an elle, bicause he had giuen him a foote, he would thrust in the whole body, and tourne the right owner out. For leuing out ye Emperour, he putteth in the Princes of the Cities, from whome he might as easely afterwardes take away, as for a shew he gaue falsely that vnto them, that was none of his to giue: graunting vnto them the allowance of the electiō: but to him selfe ye authoritie of ratifiyng, or infringing the same, choose them whether they would allowe it or no. And to shewe what authoritie he would reserue to him selfe, borowing of the tyrant, speaking in the singuler nōbre. Sic volo, sic iubeo, So wil I, so do I cōmaunde: for the more magnificence in the plural nombre, he princely lappeth vp all the matter with volumus & iubemus, we wil and cōmaūde: Which wordes, like the Lawe of the Medes & Persians, yt may not be reuoked, if they once passe through the Popes holy lippes, must nedes stand, allowe or not allowe, who so list, with ful authoritie the matter is quite dashed. But thākes be to God for al this (the decree is abolished) foloweth immediatly. For shortly after, Isacius ye Emperours Lieutenant Sabel. in Italy, did confirme & ratifie the election of Seuerinus the first of that name, for saith Platina. The election of the Pope made by the Clergie and people in those daies, was but a vaine thing, onles the Emperour, or his Lieutenant had confirmed the same▪

Sisenandus the king of Spain, calleth forth of al partes Tol. 4. of his dominions the Bishops to a City in Spaine, called Toletum. The purpose and maner of the kynges doynges [Page] in that councell, the Bishoppes them selues set forth, first as they affirme: They assemble together by the praeceptes and commaundement of the king, to consult of certeine orders of discipline for the Churche, to refourme the abuses that were crept in about the sacramentes and the maners of the Clergie. The king with his nobles, commeth into the councell house: He exhorteth them to carefull diligence, that thereby all errours and abuses, may be wypt away cleare out of the Churches in Spayn. They folowe the kinges direction, and agree vpon many holsome rules. When they haue concluded, they beseche the king to continue his regiment, to gouerne his people with iustice and godlines. And when the king had geuen his assent to the rules of discipline, which they had agreed vpon, they subscribed the same with their owne handes.

The like Synode Chintillanus kyng of Spayne, did conuocate Tol. 5. at Toletum, for certein ceremonies, orders, and discipline, whiche was confirmed by his precept and decree, in the first yere of his reigne. And an other also by the same Tol. 6. king, and in the same place, and for the like purpose, was called and kept the second yere of his reigne.

Chindasuindus king of Spaine, no lesse careful for Church matters and Religion, than his predecessours, appointeth Tol. 7. his Bishoppes to assemble at Toletum in conuocation, and there to consult for the stablishing of the faith, & Churche discipline, whiche they did.

Reccessiunthus kinge of Spaine, commaunded his Bishops to assemble at Toletum, in the first yere of his reigne, and there appointed a Synode, wherein besides the Bishops and Abbottes, there sate a great company of the noble men of Spayne. The king him selfe came in amongst them, he maketh a graue and very godly exhortation vnto Tol. 8. the whole Synode, he professed how carefull he is, that his subiectes should be rightly instructed in the true faith, [Page] and Religion. He propoundeth the fourme of an Othe whiche the clergy and others of his subiectes were wonte to receiue, for the assurance of the Kinges saulfty. He exhorteth them to ordeine sufficiently for the maintenāce of godlines and iustice. He mooueth his nobles that they will assist and further the good and godly ordinaunces of the Synode. He promiseth that he will by his princely authoritie, ratifie and maineteine what so euer they shal decree, to the furtherance of true Godlinesse, & Religion. The Synode maketh ordinaunces: the clergie, and nobilitie there assembled subscribeth them: and the kinge confirmeth the same with his royal assent and authoritie. He called twoo other Synodes in the same place for such Tol. 9. like purpose, in the seuenth & eyght yéeres of his reigne. Tol. 10.

Vitalianus beinge chosen Pope, sente his messengers with Synodicall letters (according to the Custome, saith Gratian) Dist. 631. cap. 21. to fignifie vnto the Emperour of his election. In this Popes time (saith the Pontificall) came Constantinus the Emperour to Rome, whom this Pope with his cleargie, met sixe myles out of the Citie, and did humbly receiue him. It is wonderful to consider (althoughe the Historians, beyng Papistes for the most parte, couer the mater so muche as may be) what practises the Popes vsed to catche from the Emperours to them selues, the superioritie in gouerninge of Churche matters: When they sawe, that by stowte and braue presumption, theyr ambitious appetites coulde not be satisfyed, they turned ouer an other leafe, and coueringe their ambitious meaninge with a patched cloke of humilitie & lowlinesse, they wan muche of that, whiche with pride and presumption they had so often before this time attempted in vaine.

With this wily lowlinesse, Donus the nexte sauing one to Vitalianus, brought vnder his obedience the Archebyshop [Page] of Rauenna. There had been an olde and continuall dissension betwixt the Archebishop of Rome, and the Archebishop of Rauenna, for the superioritie: The Rauennates accompting their sea equall in dignitie, and to owe none obedience to the sea of Rome, for they were not subiect thereunto: To finishe this matter, and to wynne the superioritie, Pontificall. Donus first practised with Reparatus the Archebishop of Rauenna, to giue ouer vnto hym the superioritie, and become his obedientiary, and that (as it mays appeare by the sequele) wythout the consente of hys Churche. After the death of Reparatus, whiche was within a whyle, Theodorus a familiar friende to Agatho the Pope, and a stoute man, (whome Agatho did honour with his Legacy vnto the syxth generall councell at Constantinople) bicause his Clergie woulde not wayte on hym on Christmas daye, so solempnely conductinge him vnto the Churche as the manner had been, did giue ouer the title, and made his sea subiecte to the Pope for enuie and despite of his Clergie, (saith Sabellicus) wherewith the Rauennates were not content, but beinge ouercomme by the authoritie of the Emperour Constantine, who muche fauoured Agatho, they bare it as paciently as they myght. And Leo the seconde, successour to Agatho, made an ende hereof, causing the Emperour Iustinian to shewe great crueltie vnto the whole Citie of Rauenna, and to Foelix their Bishoppe, bicause they would haue recouered their olde lybertie. And so this Pope Leo by the commandement and power of the Emperour Iustinian, brought Rauenna vnder his obeisaunce, as the Pontificall reporteth. These Popes through their feyned humilitie and obedience vnto the Emperours, whiche was but dutie, wan both muche fauour and ayde at the Emperours handes, to achieue their purpose muche desiered.

[Page] But Benedictus the seconde, who succeded next to Leo the seconde, went in this point beyonde all his predecessours, for Constantine being moued with his humanitie, pietie, and fauourablenes towardes al men, when he sent to the Emperour for his cōfirmation: the Emperour sent saith Platina a decree, that from henceforth, loke whom the Clergie, the people, and the Romain army, should chose to be Pope, all men, without delay, should beleue him to be Christes true vicar, abiding for no confirmation by the Emperour, or his Lieutenant as it had been wonted to be doon. &c. For that was wont to be allowed in the Popes creation, that was confirmed by the Prince hym selfe, or his vicegerent in Italy.

Here first of al it appeareth (if this story be true) how this interest of the Prince in this Ecclesiasticall matter thus continuing long tyme, although many wayes assailed, and many attemptes made by the Popes, to shake it of, was at the lengthe through their flattery (whiche their Parasites call humilitie) geuen vnto them of the Emperours, to whom it apperteined. But whether this story be true or not, or if it were geuen, how it was geuē, or howe long the giftes toke place, or howe it was taken away and retourned to the former right, may well be called into question, for there is good tokens to shewe, that it was not geuen in this sort. For these two Popes who sate in the Papal seate but. 10. moneths a peece or there abouts, were in no such fauour with Themperour, as was their predecessor Agatho, who made great suite vnto the Emperour for such like thinges, & obteined his suite, but with a speciall Prouiso for the reseruation of this authoritie, still to remaine vnto the Emperours, as wytnesseth the Pontificall and Gratian. He receiued from the Emperour letters (saye they) accordinge to his petition, whereby the somme of money was releassed that was wonte to bee geuen [Page] (to the Emperour) for the Popes Consecration: but so that if there happen after his death any election, the Bisshop elect be not consecrated before the election be signified to the Emperour by the generall decree (he meaneth the Synodicall letters) according to the auncient custome, that the orderinge of the Pope may goe forwarde, by the Emperours knowledge or consent and commaundement. The Glossar vpon Gratian noteth vpon these woordes: vvhich summe Dist. 63. was wonte to be geuen: For euery Bisshop was wonte to geue somethinge to the Emperour at his election. But did not the Emperour committe Symonie in releasinge this right vnder this condition, that his consent should be required in the election? answeare, no [...] bicause both these belonged to him of right before, wherefore he might nowe remitte the one.

But as I saide, let it be true, that Constantine gaue ouer this iurisdiction, yet Volateranus addeth to this suspected donacion, this clause, founde true by experience, which donation (saith he) was not longe after obserued. And in déede it was kept so small a while, that within one yéere after or litle more, when the electours after longe altercation, had agreed on Conon: Theodorus the Emperours Lieutenaunt (as saith Sabellicus) gaue his assent: and Platina sheweth the same, although not so plainely. So that by this also it appeareth, that if still it apperteined to the Emperours Lieutenaunt, to geue his assent to the Popes electiō, that than this gifte is either fained of the Papistes (and that the rather vnder the name of Constantinus, to bleare therewith the ignorauntes eies, as though it were the graunt of Constātine the great, as they doo about Images with the name of the Nicene Councell) or bylike the gifte was not so authentically ratified, as it was vnaduisedly promised: but how so euer it was, it helde not longe: the Pope him selfe solempnely with the consent and decrée of & whole Councell, resigning al the foresaide graunt vnto [Page] the Emperour for euermore. But I returne againe to Agatho, who (as I saide) beinge in great fauour with Constantine the Emperour, Determined (saith Platina) to haue a councell to decide the errour of the Monothelites. But bicause he coulde not him selfe by his owne authoritie, call a general councell, for that belonged to the Emperour, who in that time was busie in the warres against the Saracens: He waited (saith Platina) for the returne of the Emperour.

This Constantinus surnamed Pogonatus, about the yéere of the Lorde. 680. calleth the Bishoppes out of all coastes vnto a generall Councell: in his letters of Sommons to Donus, (but committed to Agatho Bishoppe of Rome, Donus beinge dead) he admonisheth him of the contētion betwixt Const. 6. the sea of Rome and Constantinople, he exhorteth him to laie aside all strife, feruencie, and malice, and to agrée in the trueth with other, addinge this reason: For God loueth the trueth, and as Chrysostome saithe: He that wilbe the chiefest amongst all, he must be mynister vnto all, (by whiche reason made by the Emperour, it may séeme, that the pride of those twoo seates, striuinge for superioritie and supremacie, was a great nourishment of the Schisme, whiche was chiefly in outwarde shewe onely for doctrine.) He protesteth that he will shew him selfe indifferent, without parcialitie to any parte or faction, onely séeking, as God hath appointed him, to keepe the Faith that he had receiued wholy and without blotte. He exhorteth and commaundeth the Bishoppe of Rome, not to be an hinderaunce, but The Bisshop of Rome. at the Emperours commaundemēt in Eccl. matters. to further this Councell with sendinge suche as are fitte for suche purpose. The Bishoppe of Rome obeyeth the Emperours commaundement. And the like letters the Emperour sendeth to George Bishoppe of Constantinople, and others. The Emperour sat in the councell him selfe, as President and moderatour of all that action: hauinge Act. 1. [Page] on his right hande a greate companie of his Nobles, and of his Bishoppes on his lefte hande. And whan the holy Ghospelles was broughte foorth, and laide before them, as the iudges, whose sentence they ought to followe, as it was also wonte to be doone in the forenamed Councelles: The deputies for the Bishoppe of Rome standeth vp, and speaketh vnto the Emperour in moste humble wise, callinge him moste benigne Lorde, affirminge, the Apostolike seate of Rome to be subiect vnto him, as the seruaunt vnto the Maister: and beséechinge him, that he will commaunde those that tooke parte with the Bishoppe of Constantinople, whiche had in times paste brought in newe kindes of speache: and erronious opinions, to shewe from whence they receiued, their newe deuised Heresies. The Emperour commaundeth Macarius Archebishoppe of Antioche, and his side to answeare for them selues. And after diuerse requestes made by him to the Emperour, and graunted by the Emperour vnto him, the Emperour commaundeth the Synode to staie for that time. In the next session after the selfe same order obserued, as in the firste, Paulus the Emperours Secretarie Act. 2. beganne to put the Councell in remembraunce of the former daies procéedinge. The Emperour commaundeth the Actes of the Chalcedon Councell to bée brought foorth and redde. At length whan a manifest place was alledged out of Leo the Pope, the Emperour him selfe disputed with Macarius on the vnderstandinge thereof. The Secretary hauinge offered the bookes of Act. 3. the fifte Councell, the Emperour commaundeth the Notary to reade them. The Notary beganne to reade, and within a while the Popes Legates risinge vp, cried out this Booke of the fifte Synode is falsified, and there alledged a reason thereof: wherewith the Emperour and the iudges [Page] beynge mooued, beganne to looke more narrowly to the booke, and espyinge at the laste, that three quaternions was thruste into the beginninge, the Emperour commaunded it shoulde not be redde. Note here, that the Popes Legates were but the plaintife parties in this Councell, and not the Iudges thereof, the whiche more plainely followeth: eyther parties striuynge vppon a like corrupte place. The Emperour commaunded the Synode and the Iudges (whiche were Lay men) to peruse the Synodicall bookes, and to determine the matter, whiche they did. George the Archebishop of Constantinople most humbly beséecheth the Emperour that he will cause the letters whiche Agatho the Pope, and his Synodo sent vnto the Emperour to be redde ones againe: the Emperour graunteth his request.

In the nexte session the order and fourme obserued as Act. 4. in the firste, the Emperour commaunded firste of all Pope Agatho his letters to be redde: in the whiche letters is manifestly confessed by the Pope him selfe: so well the Emperours supreme gouernment in Ecclesiasticall causes, as the Popes obedience and subiection vnto him in the same. For in the beginninge, he declareth what pleasure and comforte he conceyued of this, that the Emperour sought so carefully, that the sincere Faith of Christe shoulde preuayle in all Churches: that he vsed suche mildenes and clemencie, therein followynge the example of Christe, in admonishynge him and his to geue an accompte of their Faith, which they preached: that beinge emboldened with these comfortable letters of the Emperour, he perfourmed his ready obedience in accomplishinge the Emperours praeceptes effectually. That he made inquisicion for satisfiynge of his obedience (to the Emperour) for apt men to be sente to the councell: the whiche thing, [Page] saith the Pope to the Emperour, the studious obedience of our seruice, woulde haue perfourmed soner, had it not been letted, by the great circuite of the Prouince, & longe distances of place. He protesteth that he sendeth his Legates accordinge to yt Emperours commaundement, not of any sinister meaninge, but for the obedience sake (to the Emperour) whiche (saith he) we owe of dutie. He maketh a confession of his faith, concerning the controuersie, adding the testimonies of many auncient fathers. And he dooth proteste, that he with his Synode of the Westerne Bishoppes, beleueth that God reserued the Emperour to this tyme for this purpose. That he (the Emperour) occupiynge the place and zeale of our Lorde Iesu Christe, him selfe here in earth, shoulde The prince is Christes Vic [...]r in earth, in causes Ecclesiasticall by the Popes confession. Act. 5. giue iust iudgement or sentence, on the behalfe of the Euangelicall and Apostolicall truthe.

In the next session, the Emperour sitteth as Presidēt, and Moderatour, accompanied with many of his nobles, sitting about him. On his right hande sate Georgius the Archebishop of Constantinople, called newe Rome, and those ye were with him: on the other side, vpon the Emperours lefte hande, sate the Legates of the Archebishop Agatho of olde Rome, these two as agent parties. When they were thus set, the Emperours Secretary brought foorth the Ghospelles, putteth the Emperour in mynde, what was done the session before, and desireth his maiestie to cause Macarius & his party, to bryng out likewise their testimonies, as the Legates from Agatho of olde Rome had done, for their party. The Emperour cōmaundeth, Macarius obeith, and desireth that his bookes may be redde: the Emperour commaundeth they should so be.

After the shewing of the allegations on bothe sides, the Legates of olde Rome, desier the Emperour that they Act. 7. may know, if the aduersaries agree on the tenour of their [Page] two forsayde suggestions. The aduersaries beseche the Emperour, that they might haue the copies of them: the Emperour cōmaundeth, that without delay their request should be fulfilled. The bookes were brought foorth and sealed with the seales of the Iudges, & either of the parties. This againe proueth that the Popes Legates were none of the Iudges, but one of the parties. And so in the eight, nynth, and tenth action, the same order of doyng is obserued in like sort, as before, in suche wise that no one in the Synode, neither the whole Synode, doth any thing without licence, and the direction of the Emperour, the president and chief ruler in all those causes.

In the ende of the eleuenth Action. The Emperour Act. 11. assigneth certeine of his noble counsailours, to be the directours in the Synode, for that he was to bee occupied in other weighty affaires of the common weale. Hetherto we see how the Emperour in his owne persone with his lay Princes also, was the supreme gouernour, was the President, ouersear, commaunder, ratifier, and directour, of all thinges done in the councell. The Popes Legates and all the whole coūcell, humbly yelding al these thinges vnto him alone. The residue of the actes, or any thinge therein done, was likewyse his deede, by his deputies, although he him selfe in persone, was not present. The Act. 12. Bishops and Clergy, which were of the Prouince of Antioche, whan Macarius was deposed by the iudgemēt of the Synode, do make supplication vnto the Iudges, the Emperours deputies & counsailours, that they wilbe meanes vnto the Emperour to appoint them an other Archbishop in the place of Macarius nowe deposed.

The Iudges make them aunswere, that it was the Emperours pleasure, that they shoulde determine amongest Act. 13. them selues, whom they would haue, and bringe [Page] their decree vnto the Emperour. At the last the whole Synode doo offer their diffinition subscribed with their handes to the Emperour, besechinge him to examen and confirme the same. The Emperour within a whyle saith: we haue redde this definition, & geue our cōsent therunto. The Emperour asked of the whole Synode, if this definition be concluded by vnifourme cōsent of all the Bishops, the Synode answered: VVe all beleue so, we be al of this mynde, God sende the Emperour many yeares: Thou hast made all heretiques to flie, by thy meanes all Churches are in peace, accursed be all Heretiques. In the whiche curse, the whole Synode curseth Honorius Pope of Rome with the great curse, whome the Synode nameth in. 17. action, one of the chiefest of these Heretiques, who ar herecursed. The Emperour protesteth that his zeale to conserue the christian faith vndefiled, was the only cause of calling this Synode. He she weth what was their partes therein, to wyt, to weighe consideratly Gods holy Scriptures, to put a way all noueltie of speche or [...]ssertion, added to the Wherein cōsisteth the office of bishoppes. pure Christian faith, in these latter daies by some of wicked opinion, and to deliuer vnto the Church this faith most pure and cleane. They make a commendatory oration vnto the Emperour with muche ioyfulnes declaring, that this his fact about this Synode in procuring to his subiectes true Godlines, and to all the Churche a The princes most acceptable seruice to god. quiet state, was the most comely thing, the most acceptable seruice, the most liberall oblation or sacrifice, that any Emperour might or coulde make vnto God. And declaring the humble obedience to his precept or sommons of the Bishoppe of Rome, who sent his Legates, being sicke him selfe, and of them selues being present in their owne persones, they doo moste humbly beseche him to set his seale vnto their doinges, to ratifie the same with the Emperiall wryt, and to make edictes and constitutions wherewith to confirme the actes of this councell, that all controuersie in tyme to come, may bee vtterly taken away. All whiche the Emperour [Page] graunted vnto them, addinge his curse, as they had do [...]n before, so well against all the other Heretiques, as also against Honorius late Pope of Rome, a companion, fautour, and confirmer, (saieth he) of the others heresies in all pointes. After this, the Emperour directeth his letters to the Synode at Rome of the Westerne Bishoppes, wherein he commendeth their diligence about the confuting of the heresies. He describeth the myserable estate the Churche was in, by meanes of the Heresies: for, sayth he, the inuentours of Heresies are made the chiefe Bishoppes, they preached vnto the people contention in steade of peace, they sowed in the Church forrowes, cockle for wheate, & all Churche matters were troubled, and cleane out of order. And bicause these thynges were thus disordered, and impietie consumed Godlines, wee set forwarde thither, wherunto, it becommed vs to directe our goinge (meanyng to seeke by all meanes the redresse of these disorders in Churche matters) wee labour with earnestnes for the pure faithe, wee attende vppon Godlines, and wee haue our speciall care aboute the Ecclesiasticall state. In consyderation whereof, wee called the Byshoppes out of farre distaunte places to this Synode, to set a Godly peace and quietnes in the Churche matters. &c. To this epistle of the Emperour, Leo the seconde Bishop of Rome, maketh aunswere (for Agatho was dead) by letters, whereof this is the effect. I geue thankes vnto the kyng of kynges, who hath bestowed on you an earthly kyngdome, in suche wyse, that he hath geuen you therewith a mynde to seeke much more after heauenly thinges. Your pietie is the fruite of mercy, but your authoritie is the keper of discipline: by that the Princes minde is ioyned to God: But by this the subiectes receyue reformation of disorders. Kinges ought to haue so muche care to refourme and correcte naughtynes amongest their subiectes, as to tryumphe [Page] ouer their enemies: for in so dooinge they make their authoritie subiect to serue him, by whose gifte and protection they reigne. VVherefore seinge that the holy mother the Churche, whiche is the Body of Christe, enioyeth by meanes of you her sincere and principall childe, an inuincible soundnes. Therefore it is written of you, most mercifull Prince, and of that same holy Churche dispersed thorough out all the worlde, Kinges shalbe thy noursinge fathers, and in like sorte it is writen, the Esa. 49. Psalm. 98. honour of the Kinge loueth iudgement: in that you set muche more by heauenly than by earthly thinges, and doo preferre without comparison the right faith, before all worldly cares: what other doo you herein, than make right iudgement bonde and seruiceable to Goddes honour and religion, and to offer vnto his diuine Maiestie, an oblation and burnt Sacrifice, of sweete sauour vppon the aultar of your harte? God inspire, encrease and replenishe your princely harte, with the light of the Catholique doctrine, whereby the clowdes of the haereticall prauitie, may be driuen away. I receiued most ioyfully the Synodicall actes, with your letters of highest authority, by the legates your humble seruauntes, whiche were sente vnto the Councell, from my praedecessour Agatho, at your commaundement. Wherefore with thankes geuinge I crie vnto the Lorde: O Lorde saue our moste Christian Kinge, and heare him in the day he calleth vpon thee: By whose godly trauaile the Apostolike godly doctrine or Religion, shineth thorough the worlde, and the horrible darkenes of hereticall malice is vanished away. For thorough your trauaile, God assistinge the same, that mischiefe whiche the wicked crafte of the Deuill had brought in, is ouerthrowne: the benefite of the christian Faith, that Christe gaue to the saluation of man, hath wonne the ouer hande. The holy and great generall Councell, whiche of late hath beene congregate at Constantinople by your order and praecept: wherein for the Seruice and Mynisterie sake that yee owe to God, you had the chiefe rule and gouernmēt, hath in all pointes followed the doctrine of the Apostles, and approued Fathers. I doo detest therefore and curse all Heretiques, yea Honorius The Pope accursed for Heresie by the sentēce of the Emperour, the Synode, and the Bishop of Rome. also late Bishop of this sea, who laboured prophanely to betray [Page] and subuerte the immaculate faithe. O holy Churche, the mother of the faithfull, arise, put of thy mourninge weede, and clothe thy selfe with ioyefull apparaile, beholde thy Sonne the moste constant Constantine, of all Princes thy defendour, thy helper (be not afraide) hath girded him selfe with the swoorde of Goddes woorde, wherewith he deuideth the miscreauntes from the Faithfull: hath armed him selfe in the coate armour of Faithe, and for his helmet the hope of Saluation. This newe Dauid and Constantine, hath vanquished the great Goliath thy boastinge enemy, the very Prince and chieftaine of all mischiefe and errours the Deuill: and by his carefull trauaile the right faith hath recouered her brightnes, and shineth thorough the whole worlde.

Bamba Kinge of Spaine commaunded a Synode to be had at Toletum in the fourthe yéere of his reigne: the occasion Tol. 11, was this. There had béene no Synode by the space of. 18. yéeres before, as it is saide in the preface to this Councell, by meanes whereof the woorde of God was despised, the Churche discipline neglected, all Godly order distourbed, and the Churche toste and tumbled, as a shippe without a rower and sterne, (meaninge a Kinge to call them togeather in Synode). By the carefull zeale of this Kinge, beyng called togeather, they consulte how to refourme errours about Faithe, corruption of discipline, and other disorders againste godlines and Religion. And at the ende they doo geue great thankes vnto the noble and vertuous Kinge, by whose ordinaunce and carefull endeuour, they were commaunded to this consultacion: who as they affirme of him, comminge as a newe repayrer of the Ecclesiasticall discipline in these times, not onely intended to restore the orders of the Councelles before this time omitted, but also hath decreed and appoincted, yeerely Synodes to bée kepts hereafter.

[Page] Eringius kinge of Spaine commaundeth the Bishopps Tol. 12. and other of his Clergie, to assemble togeather at Toletum in one Synode the first yere of his reigne. And called an Tol. 13. other to the same place, the fourth yeere of his reigne: to consulte about reformation of the Churche discipline. When the Bishoppes, and the residue of the Cleargie were assembled in their conuocation, at the commaundemente of the kinge: he him selfe with many of his nobilitie and counsailours, commeth in to them: he declareth the cause wherefore he summoned this Synode: he sheweth the miseries the whole countrey hath susteined, and the plagues: he declareth the cause, to be Goddes wrathe kindled by meanes of the contempte of Goddes woorde and commaundement: And be exhorteth them that they will with Godly zeale, studie to purge the lande from prauitie, by preachinge, and exercise of godly discipline, and that zealeouflye. He doth exhorte his nobles, that were there presente, that they also woulde care diligently for the furtherance hereof: he deliuereth vnto the Synode a booke, conteininge the principall matter wherof they shoulde consulte. And last of all, he promiseth by his hande subscription, that he will confirme and ratifie what the cleargie and nobilitie shall conclude, touchinge these articles, for the furtherance of godlinesse & Churche Discipline.

Egita, Kinge of Spayne, caused in his time also three Councelles to be hadde and celebrated at Toletum, for the preseruation of Religion, with the Churche Discipline in sinceritie and puritie: who also confirmed and ratisied the same with his Royall assent and authoritie.

Although aboute this time the Popes deuised horrible practises, whereby to winne them selues from vnder the [Page] ouersight and controlment of the Emperour or any other and to haue the onely and supreame authoritie in them selues ouer al, as thei had already obteined to their church the Supreme title, to be head of other Churches: Yeat the Emperoures had not altogeather surrendred from them selues to the Popes, their authoritie and iurisdictions in Church matters. For whan the Churche was gréeuously vexed with the controuersie about Images, there were diuers great Synodes or Councelles called, for the deciding of that troublesome matter by the Emperours: and at the laste, that whiche is called the seuenth generall or oecumenicall Conncell was called and summoned to be holden at Nice in Bithynia, by Constantine and Irene the Emperesse his Mother, who was the supreme worker and gouernour (although but an ignoraunt and very superstitious woman, I will say no worse) in this matter. For her Sonne was but aboute tenne yéeres olde, as Zonoras affirmeth, and she had the whole rule, although Zonoras Tom. 3. he bare the name. After the deathe of Paule, the Emperour appointeth Tarasius the Secretary to be Patriarche at Constantinople, the people lyked well thereof. But Tarasius the Emperours Secretarie refused the office, and woulde not take it vppon him, till the Emperour had promised to call a generall Councell, to quiete the brawles in the Churche aboute Images. The Emperour writeth to the Patriarche of olde Rome, and to the other Patriarches, willinge them to sende their Legates, vnto a Councell to bée holden at Nice in Bithynia. The Bishoppes assemble at Nice by the commaundement and decrée of the Emperour, as they confesse in diuerse places of this Councell. Whan the Bishoppes were sette in Councell, and many Laye persones of the nobilitie with them: & the holy Ghospelles [Page] were brought foorth, as the maner was (although the holy Ghospelles were not made Iudges in this councell, as they ought to haue been, and were in al the forenamed generall councels) Tarasius commendeth the vigilant care and feruent zeale of the Emperours, about Churche matters: for ordering and pacifiyng wherof, they haue called saith he, this councell. The Emperour sendeth vnto the Synode, certeine counsailours with the Emperours letters patentes, to this effect. Constantinus and Irene, to the Bishoppes assembled in the second Nicene Synode, by Gods grace our fauour and the commaundement of our Emperiall outhoritie. He sheweth that it apperteineth to the emperial office, io mainteine the peace, concorde, and vnitie, of the whole Romayne Empire, but especially to preserue the estate of Gods holy Churches, with all possible care and councell. For this cause, he hath with paine gathered this councel together: geueth licence also and libertie to euery man without al feare, to vtter his minde and iudgemont frankely: to the ende the truthe may the better appeare. He sheweth the order he obserued, in making Tarasius Bishop: He prescribeth vnto the Bishoppes what is their office, and what they should doo: propoundinge vnto them the holy Ghospelles, as the right & onely true rule they should folowe. After this he mencioneth letters brought from the Bishop of Rome by his Legates, the whiche he commaundeth to be openly redde in the councell: and so appointeth also other thinges that they should reade. There was nothing attempted or done in this councel, without the authoritie of the Emperours, as in all the former generall councels. And so at the ende, the whole councell put vp a supplication to the Emperour, for the ratifiyng of all their doynges. The which when the Emperour had heard openly recited and redde vnto them, they forthwith [Page] alowed, signed and sealed.

Gregorius. 3. sent into Fraunce for succour to Charles Martell, yelding & surrendring vp vnto him, that whiche the Pope had so longe sought, by all subtile and mischieuous meanes, to spoile the Emperour & the Princes of. This same Gregory the third (saith Martinus Poenitentiarius,) VVhan Rome was besieged by the king of Lombardy, sent by Shippe vnto Charles Martell, Pipines father, the keyes of saint Peters confession, beseching him to deliuer the Churche of Rome from the Lombardes. By the keies of S. Peters confession, he meaneth all the preheminence, dignitie, and iurisdiction, that the Popes claime to them selues (more and besides that, whiche all other Churche ministers haue) ouer and aboue all maner persons Ecclesiasticall, or Temporall, as geuen of Christe onely to S. Peter, for his confession, and so from him to the Popes of Rome by lineal successiō. Seing that this Pope, who was passingly well learned, both in diuine and prophane learning, and no lesse godly, stoute, and constant (if you wil beleue Platina) yeldeth and committeth all this iurisdiction, and clayme that he hath, ouer all persones Ecclesiasticall and Temporall, so well in thinges or causes Ecclesiasticall as Temporall, vnto Charles Martel a Lay Prince, & great maister of Fraūce: it appeareth that Princes may Lawfully haue the rule, gouernement, and charge, in Churche matters. The heires and successours of this Charles Martell, did keepe these keyes from rusting. They exercised the same iurisdiction & gouernement in Ecclesiastical causes, yt the Emperours and kinges had doon, from the time of Constantine the great, vntill their time, which was almost. 400. yeres. For Carolomanus sonne to kyng Pepin, and nephew to Charles Martell, no lesse Princelike than Christianly, exercised this his Supreme authoritie in Ecclesiasticall [Page] causes, and made notable reformation of the Ecclesiasticall state. He sommoned a councell of his Clergie, bothe Bishoppes and Priestes. 742. yere from the incarnation Synod. Francica. of Christe: wherein also he him selfe sate with many of his nobles and counsailours. He sheweth the cause why he called this Synode. That they should geue aduise (saith he) howe the Lawe of God and the Churche religion (meaning the order and discipline) may be restored againe, whiche in the time of my praedecessours, being broken in sonder, fell cleane away. Also by what meanes the Christian people may attaine to the saluation of their soules, and peris he not, being deceiued by false priestes. He declareth what ordinaunces and decrees were made by his authoritie in that Synode. VVe did ordeine Bisshoppes through the Cities (saith he) by the councell of the Priestes, and my nobles, and did constitute Bonifacius to be the Archebissop ouer them. VVe haue also decreed a Synode to be called together euery yere, that the decrees of the Canons, and the Lawes of the Churche, may be repaired in our presence, and the Christian Religion amended. &c. That the money whereof the Churches haue been defrauded, be restored. VVe haue degraded the false Priestes, Deacons, and Clerkes, being Nauclerus. adulterers, and fornicatours, and haue driuen them to penaunce. We haue vtterly forbidden, all maner hunting and haukinge to the Clergie. We decree also, that euery priest dwelling in ye diocesse, be subiect vnto his own bishop, & that always in Lent, he make an accompt & shew to the bishop the maner & order of his ministery, touching baptisme, the catholique faith, praiers & the order of Masses. And whāsoeuer the Bishop shal go his circuite to confirme the people, the priest shalve ready to receiue him with a collection & helpe of the people. That ye priest seke for new chrysme always on Maundy thursday at the Bishops hand, that ye Bishop may be a witnes of his chast life, of his faith and doctrine. We decree further, that no vnknowen Bishop or Priest, [Page] be admitted into the church ministery, before he be allowed by the Synode. He maketh many suche like, for the reformation of y• Clergy, in what sort they shalbe punished, if thei cōmit whordome, & likewise against sorcery wytchcraft, diuinacions, incantations, & all kinde of prophane superstitiōs. If there were no more exāples of any church history, but this of Caroloman, it woulde suffice to make playne that to the Princes authoritie apperteineth, to make Lawes, and to the Clergy to geue him counsaile out of Gods worde, howe to frame the discipline, to the edifiyng of Goddes Churche.

About this time was one Bonifacius not Pope, but as they call him the great Apostle of the Germaines, the like for all the worlde to our Apostle here in Englande, Augustinus Anglorum Apostolus: Either of them might be called, the Popes Apostles, whose great champions they were. And euen suche Ecclesiasticall matters as our Apostle treateth of, hath this Apostle in his Epistles to the Pope, as this. He asketh his holines when fatte bakon should be eaten: The Pope aunswereth, when it is well smoke dried or resty, and then sodden. Likewise he asketh whether we shall eate Dawes, Crowes, Hares, and wilde Horses: The Pope biddeth him to beware of them in any wise. Also he asketh him howe, if Horses haue the fallinge sicknesse, what we shall doo to them: The Pope aunswereth, hurle them into a ditche. He asketh what we shall doo with Beastes bitten with a madde dogge, the Pope biddeth him kepe them close, or hurle them into a pitte. He asketh if one Nonne may was he an others feete, as men may: the Pope aunswereth, yea, on Goddes name. Also he asketh, howe many Crosses, and where aboutes in his body; a man shoulde make them. These and a great many suche like, are the Popes and his Apostles, Ecclesiasticall matters. But leauyng these tryfles, note that in those Ecclesiasticall matt [...]s, whyche he dyd [Page] to any purpose the lay Princes had the entermedling, as appeareth by the Pope Zacharias Epistle to this Boniface. It is no marueile though this kinge Charloman, as also Charles the great, and other noble Princes, after their time established by their authoritie in Synodes many superstitions, and idolatrous obseruances, as of Masses, Chrysmes, and suche like abuses, beinge moued with the zeale, that all Princes ought to haue, But wanting the pure knowledge that good and faithful Bishops should haue instructed them withall: seinge suche blynde bussardes as this Boniface had the teachinge of them, who like blynde guydes, ledde them in the bottomles pit of all supersticions and false Religion.

Adrianus the first, Pope, beinge muche vexed through his owne furious pryde, by Desiderius kynge of Lombardy, sendeth to Carolus Magnus, and requireth him of his ayde against the Lombardes, promysing to make him therfore Emperour of Rome: Charles commeth, vanquisheth Desiderius, and so passeth into Rome, whom the Pope receiued with great honour, geuing to him in part of recompence, the title of most Christian king, and further to augmēt his beneuolence towardes Charles, desired him to sende for his Bishops into Fraunce, to celebrate a Synode at Rome: wherein were gathered together of Bishops, Abbottes, and other Prelates, about. 154. In whiche councell also Carolus him selfe was present as saith Martinus.

Gratianus maketh report hereof out of the Churche history on this wise. Charles after he had vanquished Desiderius, Dist. 63. came to Rome, and appointed a Synode to be holden there with Adrian the Pope. Adrian with the whole Synode, deliuered vnto Charles, the right and power to elect the Pope, and to dispose the Apostolique sea. They graunted also vnto him, the dignitie of the aunciēt bloud of Rome. wherby he was made a Patrician, & so capable of ye emperial [Page] dignitie. Furthermore he decreed that the Archbisshops and Bishops in euery prouince should receiue their inuestiture of him: so that none should be consecrate, onlesse he were cōmended and inuestured Bishop of the Kinge. VVhoso euer woulde doo contrary to this decree, shoulde be accursed, and except he repented, his goodes also shoulde be confiscate. Platina addeth, Charles, and the Pope, the Romaines and the Frenche, sweare the one to the other, to keepe a perpetuall amitie, and that those should be enemies to them both, that anoyed the one.

Not longe after, Charles, perceiuing the Churches to be muche molested and drawne into partes, with the Heresie of Foelix, calleth a councell of all the Bishoppes vnder his dominions in Italy, Fraunce, and Germany, to consulte and conclude a truthe, and to bring the Churches to an vnitie therein, as he him selfe affirmeth in his Epistle written to Elepandus Bishop of Tolet, and the other Bishoppes of Spaine: VVee haue commaunded (saith Charles) a Synodall councell to be had of deuout Fathers from all the Churches thoroughout our signiouryes, to the ende that with one accorde it might be decreed, what is to be beleeued touching the opiniō wee know that you haue brought in with newe assertions, suche as the holy Catholique Churche in olde time neuer herde of. Sabellicus also maketh mention of this Synode whiche was conuocated to Frankeforth: ad Caroli aedictum: at the commaundement of Charles.

Carolus Magnus, calleth by his commaundement the Bishoppes of Fraunce to a Synode at Arelatum, appointeth the Archebishops of Arelatum and Narbon. to be chiefe there. They declare to the Synode assembled, that Carolus Magnus of feruent zeale and loue towardes Christe, doth vigilantly care to establishe good orders in Goddes Churche: and therefore exhorte them in his name, that they diligently instructe the people with godly doctrine, and examples of life. When this Synode had consulted and agreed of [Page] suche matters as they thought fit for that time, They decree that their dooinges should be presented vnto Carolus Magnus, beseching him, that where any defectes are in their decrees, that he supply the same by his wisedome. Yf any thinge be otherwise than well, that he will amende it by his iudgement. And that which is well, that he wil ratifie, ayde and assist by his authoritie.

By his cōmaundement also was an other Synode celebrated at Cabellinum, whereunto he called many Bishops & Abbottes: who as they confesse in the Preface, did consult & collect many matters, thought fit and necessary for that time: the whiche they agreed neuertheles to present vnto Charles to be examined, & by his iudgemēt to be allowed, & confirmed, amended or disallowed. As this councell referreth al ye Ecclesiastical matters to ye iudgement, correctiō, disallowinge or confirminge, of the Prince: so amongst other matters, this is to be noted, that it prohibiteth the couetousnes, and cauteles wherewith the Cleargy enriched them selues, persuadinge the simple people to geue their landes, and goodes to the Churche for their soules health. Can. 6. The Fathers in this Synode complaine, that the auncient Can. 25. Churche order of excommunicacion, dooing penaunce, & reconciliation is quite out of vse: Therfore they agrée to craue ye Princes order, after what sort, he yt doth cōmitte a publique offence, may be punished by publique penance. This councell also enueigheth against, & condēpneth gaddinge on pilgremage in Churche Mynisters, Laye men, Can. 45. great men, & beggers: all whiche abuses (saith the Synode) after what sorte thei may be amēded, the Princes minde must be knowē.

The same Charles calleth an other councell at Moguntia. In y• beginning of their preface to the councel, they salute Charles: the moste Christian Emperour, the authour of true Religion, and mainteinour of Gods holy Church, &c. Shewyng vnto him yt they his most hūble seruauntes are come thyther, according to his commaūdement: that they geue God thankes: Quia sanctae Ecclesia suae piū ac [Page] deuotum in seruitio suo concessit habere rectorē. Bicause he hath geuen The Prince is the gouernour of the Church appointed of God in Ecclesiasticall causes. vnto his holy Churche a gouernour godly, and deuoute in his seruice: who in his times openinge the fountaine of godly wisedome, doth cōtinually feede Christes sheepe, with holy foode, and instructeth thē with diuine knowledge, farre passinge thorough his holy wisedome in moste deuout endeuour the other kinges of the earth. &c. And after they haue appointed in what order, they deuide ye states in the councell: the Bishops & secular Priestes by them selues, ye Abbottes & religious by them selues, & the Lay nobilitie, & Iustices by them selues, assigninge due honour to euery persone: it followeth in their petition to ye Prince, They desire his assistaunce, ayde and cōfirmation, of suche Articles as they haue agreed vppon, so that he iudge them woorthy: beseching him, to cause that to be amended which is founde woorthy of amendement. In like sorte did the Synode congregated at Rhemes by Charles, more priscorū Imperatorū, as the auncient Emperours were wonte to doo, & diuers other, which he in his time called. I would haue you to note, besides ye authoritie of this noble Prince Charles ye great in these Church matters (which was none other, but the selfe same, ye other Princes frō Constantine the great had & vsed) that the holy councell of Moguntia doth acknowledge & confesse, in plaine speach, him to be the ruler of the Church (in these Ecclesiasticall causes) & further that in all these councelles, next to the confession of their faith to God, without makinge any mention of the Pope, they pray, & commaunde praier to be made for the Prince.

Pope Leo. 3. as the French Chronicles, & Nauclerus witnesseth, sente foorth with after he was made Pope Peters keyes, the Banner of the Citie, and many other giftes vnto Charles: requiring him, yt he wold cause ye people of Rome to become subiect vnto the Pope, & that by Othe. Charles mindinge to gratifie and pleasure Pope Leo (there was a cause wherfore) sente an Abbot on this busines, & assured [Page] the people of Rome to the Pope by othe. This Leo (his streight dealinges with the Romaynes was so hatefull vnto them) was brought shortly into muche daungier of his life, but farre more of his honesty. Certaine of Rome came to Charles to accuse this Pope: Charles putteth of Sabell. the examinacion of the matter till an other time, promisinge that he woulde within a while come to Rome himselfe: whiche he did, after he had finished his warres. He was honorably receiued of the Pope. The eight day after his cominge into Rome, he commaunded all the people, Sabell. and the Cleargy to be called togeather into S. Peters churche: appointing to here and examine the Pope, touchynge that he was accused of, in the open assembly. When the Cleargie and the people, were assembled, the Kinge examineth them of the Popes life and conuersacion: and Platina. the whole company beinge willed to saie their mindes: answeare, that the manner hath béene, that the Popes Sabell. shoulde be iudged of no man, but of them selues. Charles beinge mooued with so sore & gréeuous an answeare, gaue ouer further examinacion. Leo the Pope (saith Piatina) who did earnestly desire that kinde of iudgement (to geue sentence he meaneth in his owne cause) wente vp into the pulpit, and holdinge the Ghospels in his handes, affirmed by his Othe, yt he was guiltes of all those matters wherewith he was chardged. Whereunto Sabellicus addeth, the Popes owne testimonie of him selfe, was so waighty, as if it had beene geuen on him by other: so muche auaileth a mans owne good reporte made of himselfe in due season, for wante of good neighbours. This matter, if it were as the Popes flatterers write, thus subtily compassed: although Martinus saith flatly, that he was driuen to purge him selfe of certaine crimes laide to his chardge: yet not withstanding, the kinge toke vpon him, both to examine the matter, & to determine therein: [Page] and, as appeareth, tooke their answeare no lesse insufficient, than gréeuous: although he winked at it: bicause he looked for a greatter pleasure to be shewed him againe in consecratinge him Emperour, promised longe before: whiche this Pope perfourmed, and solemply with great acclamations of the people, crowned him Emperour of Rome: For saithe Platina: The Pope did this to shewe some thankefulnes againe to him, who had well deserued of the Churche. Ansegisus Abbas gathereth together the decrées, that this Charles and his sonne Lodouicus had made in their times for the reformation of the Church causes: Amongst other these: The Canonicall Scriptures onely to be redde in the Churches: For the office of Bisshops in diligēt preaching, and that onely out of the holy Scriptures: that the communion shoulde be receiued three times in the yeere: The abrogatinge and taking away a great number of holy daies besides sondaies: and that childrē before ripe yeeres, should not be thrust into religious houses: And that no man shoulde be professed a Monke, except licence were first asked and obteined of the King. He decreed also, and straightly cōmaunded. that Mōkes being Priestes, should studie diligently, should write rightly, shoulde teache children in their Abbayes, and in Bisshops houses. That Priestes should eschue couetousnes, Ioan. Auē tinus. glotony, ale houses or tauernes, seculer or prophane busines, familiaritie of women vnder paine of depriuation or degradation. He prouided to haue, and placed fit pastours for the Bishoprikes and cures to feede the people. He ordeined learned Scholemaisters for the youth, and made deuout abbottes to rule those that were enclosed in Cloisters, saith Nauclerus. As it is saide of kinge Dauid, yt he set in order 1. Paral. 16. the Priestes, Leuites, singers & porters, & ordered all the offices & officers required to be in the house of the Lorde, for the settyng foorth of his seruice and Religion: Euen so this noble Charles lefte no officer belonginge to Goddes Churche, no not so much as the singer, porter or Sexten, vnapointed & taught his office & duety, as Nauclerus telleth. [Page] Besides the authoritie of this noble Prince in gouerning & directing al Church matters, his zeale & care therfore (in such sort as the knowledge of yt superstitious time would suffer) is plainely shewed in an Iniunction, that he gaue to al estates both of the Layty & Cleargie to this effect. I Charles, by the grace of God, Kinge and gouernour of the Kingdome of Fraūce, a deuout and humble maintainour, and ayder of the Churche: To al estates both of the Layty and the Cleargy, wishe saluatiō in Christ. Considering the exceeding goodnes of God towardes vs, and our people, I thinke it very necessary wee rendre thankes vnto him, not onely in harte and woorde, but also in continuall exercise and practise of well doing, to his glory: to the ende that he, who hath hitherto bestowed so great honour vpon this kingdome, may vouchesaulfe to preserue vs and our people with his protectiō. VVherfore it hath seemed good for vs, to mooue you, ô yee pastours of Christes Churches, leaders of his flocke, and the bright lightes of the worlde: that yee will trauaile, with vigilant care and diligent admonition to guide Goddes people thorough the pastures of eternall life, &c. Bringinge the stray sheepe into the foulde least the wolfe deuoure them, &c. Therfore they are with earnest zeale to be admonished and exhorted, yea to be cōpelled to keepe them selues in a sure faith, and reasonable continuaūce, within and vnder the rules of the Fathers. In the which woorke and trauaile know yee right wel, that our industrie shall woorke with you: For whiche cause also wee haue addressed our messengers vnto you, who with you by our authoritie, shall amende and correct those thinges that are to be amended. And therefore also haue wee added such Canonicall constitutions, as seemed to vs most necessarie. Let no man iudge this to be praesumptiō in vs, that we take vppon vs to amende, that is amisse, to cut of that is superfluous. For wee reade in the bookes of Kinges, howe the holy Kinge Iosias: trauailed, goynge the circuytes of his kingedome or visitinge, correctinge and admonishinge his people, to reduce the whole kingedome vnto the true Religion and Seruice of God. I speake not this as to make my selfe equall to him in holines: but for that wee ought alwaies [Page] to follow the exāples of the holy kinges: and so much as we can, we are bounde of necessitie, to bring the people to follow vertuous life to the praise and glory of our Lorde Iesus Christ, &c. And anon after amongst the rules that he prescribeth vnto them, this followeth: First of al, that all the Bisshoppes and Priestes, reade diligently the Catholique Faith, and preache the same to all the people, For this is the first precept of God the Lorde in his Lawe: Heare ô Israel, &c. It belongeth to your offices ô yee pastours and guydes of Goddes Churches, to sende forth thorough your Diocesses, Priestes to preache vnto the people, and to see that they preache rightly and honestly. That yee doo not suffer newe thinges, not Canonycall, of their owne minde forged, and not after the holy Scriptures, to be preached vnto the people. Yea, you your owne selues preache profitable, honest and true thinges, whiche doo leade vnto eternall life. And enstructe you others also that they doo the same. Firste of all euery preacher muste preache in generall, that they beleeue the Father, the Sonne, and the holy Ghoste to be an omnipotent God. &c. And so learnedly procéedeth thorough all the articles of our Faithe, after whiche he commeth to the conuersacion of life, &c. And wee doo therfore more diligently enioine vnto you this thing, bicause wee knowe, that in the latter daies shall come false teachers, as the Lorde him selfe hath forwarned, and the Apostle Paule to Timothe doth witnes. Therfore beloued let vs furnishe our selues in harte and minde, with the knowledge of the trueth, that wee may be able to withstande the aduersaries to trueth, and that thorough Goddes grace, Goddes woorde may encrease, passe thorough and be multiplied, to the profite of Goddes holy Churche, the Saluation of our soules, and the glory of the name of our Lorde Iesus Christe. Peace to the preachers, grace to the obedient hearers, and glory to our Lorde Iesus Christe. Amen.

This noble Prince was mooued to take vpon him this gouernment in Ecclesiastical matters & causes, not of presumption, but by the woorde of God, for the dischardge of his princely duety, as he had learned ye same both in the examples [Page] of godly kings cōmēded therfore of the holy ghost, & also by the instructions of the best learned teachers of his time, whereof he had great stoare, & especially Alcuinus an Englisheman of greate learninge, who was his chiefe Scholemaister and teacher: whome, as Martinus telleth, Charles made Abbot of Towers. Amongst other many & notable volumes, this Alcuinus writeth one, entituled De Fide Sanctae & in diuiduae Trinitatis, whiche as moste méete for him to know, he dedicateth to Charles the Emperour. He beginneth his epistle dedicatory, after the salutation & superscription, thus: Seeinge that the Emperial dignitie ordeined Alcuinus. of God, seemeth to be exalted for none other thinge, then to gouerne and profite the people, Therfore God doth geue vnto thē that are choosen to that dignitie power and wisedome: Power to suppresse the proude, and to defende the humble against the euill disposed: wisedome to gouerne and teache the subiectes with a godly carefulnes. VVith these twoo giftes O holy Emperour, Gods fauour hath honoured and exalted you incōparably aboue your aūcestours of the same name and authoritie, &c. VVhat than? what must your carefulnes most deuoutly dedicated to God bringe forth in the time of peace the warres beinge finished, when as the people hasteneth to assemble togeather, at the proclamation of your cōmaundement (he meaneth that he expresseth afterwarde, by this assembly or concourse, the councell that was nowe in hande assembled, as he saith, Imperiali praecepto: by the Emperours precept.) And waiteth attentiuely before the throne of your grace, what you will commaunde to euery persone by your authoritie: what I say ought you to doo? but to determine with all dignitie iuste thinges, whiche beinge ratified, to set them foorth by cōmaundement, and to geue holy admonitions, that euery man may retourne home mery and gladde, with the precept of eternall Saluation. &c. And least I should seeme not to helpe and further your preachinge of the Faithe, I haue directed and dedicated this booke vnto you, thinkinge no gifte so conuenient and woorthy to be presented vnto you: seeinge that [Page] all men knowe this moste plainely, that the Prince of the people ought of necessitie to knowe all thinges, and to preache those thinges that please God: neither belongeth it to any man to knowe better or m [...]e things, than to an Emperour, whose doctrine ought to profit all the subiectes &c. All the faithful hath great cause to reioyce of your godlines seing that you haue the priestly power (as it is mete so to bee) in the The prince hath a priestlie power to set forth gods word preaching of the worde of God, perfect knowledge in the Catholique faith, and a most holy deuotion to the saluation of men. This doctrine of Alcuinus, whiche no doubte, was the doctrine of all the catholique and learned fathers in that time, cōfirmeth wel the doinges of Charles and other Princes, in calling councelles, in making decrees, in geuing Iniunctions to Ecclesiastical persons, and in ruling and gouerning them in all Ecclesiasticall thinges and causes. If the gouernement of this most Christian Prince in Ecclesiastical matters be well considered, it shall well appeare, that this Charles the great, whom the Popes doo extolle as an other great Constantine, & patron vnto them, (as he was in deede, by enriching the Churche with great reuenues and riches) was no whit greater for his martial & Prince-like affaires in the politique gouernaunce, than for his godly ordering & disposing the Churche causes: although that in some thinges he is to be borne with, consideringe the blindnes and superstition of the time.

Although herein Lodouicus Charles his sonne, were somwhat inferiour to his father: Yet not withstanding, he reserued these Ecclesiasticall causes to him selfe, & with no lesse care he ordred the same, although in some things, being a very milde Prince, he winked and bare ouermuch with the ambition of the Popes. Shortly after, whan as the foresaid Leo was departed, was Stephen next elected Pope, and without the confirmation of the Emperour, tooke the Papacy vpon him. All the histories agree, that [Page] he came shortly after into Fraunce to the Emperour, but wherfore, most of them leaue vncertaine. Platina thinketh to auoyde the hurley burley in the Citie that was after the death of Leo. Sabellicus thinketh the Emperours coronation to be the cause. Nauclerus saith, he went in his owne persone vnto the Emperour Lodouike about, or for the Churche matters, whiche proueth that the Emperour had chiefe authoritie in ordering the Churche busines. But our English Chronicles, as some writers affirme, doo plainly declare, that his comming into Fraunce was, to make an excuse of his vnlauful consecration, against the decrees made to Charles by his predecessours, Adrian and Leo, fearing therefore the fequele of the matter, he first sent his Legates before him to be a preparatiue to his purgation, and afterwards came him self to craue his pardō. And the rather to please Themperour, brought a most beautiful crown of gold for him, and an other for the Empresse: wherof folowed, as Nauclerus saith: Omnia quae petiit à pio Imperatore obtinuit, he obteined whatsoeuer he asked of the godly Emperour.

Nowe when Stephen had dispatched all his matters, he retourned home: and shortly after, an other Ecclesiastical cause happened, for within a while the Bishop of Reatina died, and there was an other chosen. And when the sea of Reatina (saith Nauclerus) was voide, the Pope would not consecrate the elect Bisshop onles he had first licēce therto of the Emperour. The circumstances of this story, make the matter more plaine. The erle Guido, had writen vnto Pope Stephen to consecrate that Bishop, whom the Clergy and the people had elect: but the Pope durst not enterprice the matter, till he were certified of ye Emperours pleasure, & therupon wryteth again vnto Ther [...]e, the tenour wherof foloweth, after Gratianus reporte: I haue red your letters, wherin you require me to consecrate the newly elect Bishop of Reatin, chosen by the consent Dist. 63. [Page] of the Clergie and people, least the Churche should be long destitute of a propre pastour? I am sory for the death of the other: but I haue defered the confecration of this, for that he brought not with him, the Emperours licence (vt mos est) as the maner is. I haue not satisfied youre minde herein, least that the Emperour shuld be displeased at my doing. Therfore I require you (for otherwise I ought not to medle) to purchase the Emperours licēce directed vnto me by his letters, vt prisca consuetudo dictat, as the auncient custome doth will, and then I will accomplis he your desier. I pray you take not this my doing in euill parte. Wherof it is manifest inough (saith Nauclerus) that of the Emperours at that time, the Bisshops had their inuestitures: although Anto. doth glosse otherwise, saiynge that perhaps, this electe Bisshoppe was belonging to the Court, who ought not to be ordered. Not only the textes of many decrees in this destinctiō, doth confirme this to be true, but also Gratian himselfe, and the glossars, do in many places affirme, that this Dist. 63. was the auncient custome, and constituion in the Churche, that the elections of the Bisshops of Rome, and of other Bishops also, should be presented to the Emperours and Princes, before they might be cosecrated.

Immediatly after the death of Stephen Paschalis. 1. was chosen Pope: He being encouraged, by al likelihood, by his predecessours like entrance, thinking to entreate the Emperour so easely as Stephen had done. And boldened with a late made Canon by Stephen, suffred him self to be enstalled, & consecrate without Themperours inuesturing, leaue & authoritie: Neuertheles being better aduised, (mistrusting his presūpteous & disobediēt fact wolde displease Thēperour, as it did in dede) he sent by & by his Legates to Themperour to excuse him self, & laieth all the fault on the people & Clergy. Thēperour accepting this excuse for that time Platina, Sabel. warneth the people and Clergy of Rome, that they take good hede, that they do no more offende against his maiestie, but that hereafter they doo warely obserue and kepe the old orders and constitutions. He calleth this attempt plain treason.

This Emperour called a councel at Frankforth, he bestowed Naucleru [...]. [Page] Spiritual promocions, and instituted his brother Drogo, the chiefe mynister or Bishop at Mettes.

In the meane whyle dieth Pope Paschalis, next to whom folowed Eugenius, but elected not without contention, and liued but a while: after whom succeded Valētinus, who liued in the papacy but fourty days. Next vnto him was chosen Gregory the fourth, who was of so great modestie, saieth Platina, that being elected Pope of the Clergy, and people of Rome, he would not take vpon him the office, before he had his confirmation of the Emperours Embassadours, whom the Emperour had sent to Rome for that purpose, and to examen diligently that election. And Lodouicus the Emperour did this not of pride, but that he woulde not loose the priuileges and rightes of the Empire. Note all these thinges well, the Pope on the one part, whā he was chosen without any contention, yet would he not be consecrate without the Emperours confirmation: otherwise he thought it an vnmodest part. The Emperour on the other side, not onely sendeth his Embassadours to confirme, but or euer they confirme him, to examyn and diligently to discusse, after what sorte he came in, and whether he were elected lawfully or no. And this he did, not of a pryde (saye they) muche lesse of any vsurpation, but bicause he woulde not loose or diminishe the right herein, that belonged to the Emperiall maiestie. Here say they, he did it of purpose, bicause he would not lose his right, and not his onely, but the right of the Empire. But least it should séeme he did tyrannously herein, and oppressed the Churche, or enfringed her liberties, it foloweth, all most worde for worde in both these writers, Platina, and Nauclerus. For he was a milde, merciful, and most gentle Prince of nature, and one that did alwayes mainteine the right and dignitie of the Churche. Loo howe great clemency this is compted in him, and the defence of the dignities and rightes of the Churche: the whiche afterwardes, [Page] and nowe of the Popes, is compted the greatest tyranny and oppression of the Churche that can be. But further to approue this deede of Lodouike, the foresayde authours recite many Canons, decrees, & constitutions, that this Emperour made in Ecclesiasticall causes and thinges: and especially for the reformation of the disordered behauiours of the Bishoppes and Clergie. In so muche that Platina comparinge the dissolutenesse of the Churchemen in his time, crieth out: Woulde God (O Lodouike) thou were aliue in these our times, for nowe the Churche wanteth thy moste holy ordinaunces, and thy discipline. The selfe same Lodouicus (saith Platina) called a councell of many Bisshoppes at Aquisgrane, to Goddes honour, and the profite of the Church dignitie. The Prelates in the preface to this Sinode, doo declare, what was the care & authoritie of the Godly Emperour, in this Sinode. They affirme that the moste Christian Emperour, had called an holy and general congregation or Councell at Aquisgrane: He beganne therein thoroughly to handle the mater, with wisedome voide of curiositie: He counsailed, yea warned the holie Synode assembled, what was néedefull to be doone, touching certaine chiefe ministees of the Churches: He warned them further, to drawe out of the Holie Canons, and the saiynges of the holie Fathers, a fourme of institution for the simple sōrte of Ministers, whereby they might more easilie learne to walke in theyr duties without offence. The Synode geueth God thankes, that he had praeferred so holie, wise, and deuout a Prince to haue the chardge, and ouersight of his Churche, and the Churches needefull businesse or matters. The Synode, accordinge to the kinges aduertisement, furthered also with his helpe otherwise, collecteth a fourme of Institution, wherein is conteined at large, after what sorte the Prelates oughte to frame their liues, rule, or gouerne the people committed [Page] to their cures, &c. This done, they bring to the Prince their fourme of institution, whiche they had deuised.

This Emperour called an other Councel at Ticinum in Italy for the causes hereafter expressed. The matters or causes which the honorable Emperour Lodouicus did commaunde his Bishoppes to consider of, are these: touching the state of his kingedome: of the conuersation of the Bishoppes, Priestes, and other Churchmen: of the doctrine and preachinge to the people: of writinge out of Bookes: of restoring of Churches: of ordering the people, and hospitalles for strangers: of Monasteries both for men and wemen. What so euer is out of order in these forenamed states, eyther thorough the negligēce of the guides, or the slouthfulnesse of the inferiours, I am (saide he) verie muche desirous to knowe, and I coueite to amende or refourme them, according to Goddes will, and your holy aduise, in suche sorte▪ that neither I be founde reproueable in Goddes sight, neither you nor the people incurre Goddes wrathfull indignation for these thinges, howe this may be searched, founde out, and brought to perfection, that I committee to be entreated by you, and so to be declared vnto me. The lesser matters also, whiche in generall touche all, but in especiall, some, and neede reformation: I will that yee make enquirie of them, and make relation vnto me thereof: as for example if the rulers in the countreys neglect, or sell Iustice, if they be takers or oppressours of the Churches, widowes, orphanes, or of the poore. Yf they come to the sermons. Yf they doo reuerence and obey duely their Priestes. Yf they presume to take in hande any new opinions or argumentes that may hurt the people. &c. The Bishoppes after they had consulted vpon these matters, doo make relation vnto the Emperour, what they had done: shewynge him, that they had founde some of the Bishoppes and chiefe Mynisters faulty, and humbly pray the Emperour on their behalfe, that he will of his goodnes graunt these, some space to amende their faultes. [Page] They complaine to the Emperour of Bishops & Priestes, for lacke of preachinge, and that noble men & gentle men, come not vnto those few sermons that bée. And so then recyte many other enormities, as about tythes, incest, and suche like, especially in religious persones, who for the most parte are cleane out of order. And to bringe these to their former order and state, resteth, (say they) in your disposicion▪ Thus doth this Kinge take vppon him, and thus doo the Bishoppes yéelde vnto him the gouernment, aswell of Ecclesiasticall as Temporall causes and thinges. On this wise did Lodouicus alwaies exercise him selfe: in so muche that for his carefull gouernment in Churche matters, he was surnamed Pius, the godly, as his father before him, was called Magnus, the great.

Pope Leo. 4. writeth his humble letters vnto Lotharius on the behalfe of one Colonus, who was chosen to be Bishop of Reatina, but he might not consecrate him without the Emperours licence first obteined thereunto, and therfore praieth the Emperour of his fauour towardes Colonus: Vt vestra licentia accepta, ibidem, Deo adiuuante, eum consecrare Dist. 65. valeamus Episcopum: That hauinge your licence, wee may haue authoritie by Goddes helpe to consecrate him Bishoppe there. Vppon this woorde, Licence, The Glossar noteth, the consente of the Prince to be required after the election be made. Nexte to Leo, sauinge the woman Pope Iohan, was Benedictus. 3. chosen, who was ratified and confirmed by the Emperours authoritie: who sente his Embassadours to Rome Sabell. Platina. for that purpose. This Pope is commended for his greate godlines: But he was ouer godly to liue longe in that sea: neuerthelesse he was not so godly as the moste of his successours were al together vngodly, as your owne writers make reporte. And to note this chaunge the better: Nauclerus telleth of diuerse wonders: howe the [Page] Deuill appeared in an vgly shape, and hurled stones at men as they went by: set men togeather by the eares: bewraied théeues, and priestes of their lemmans, and such like: Howe it rained bloudde thrée daies, and thrée nightes: How great Grassehoppers with sixe wynges, and sixe féete, and twoo téethe harder then any stone, couered the grounde, and destroied the fruites: not altogeather vnlike those Grassehoppers, that S. Iohn noteth in his Apoc. 9. Reuelation, to come from the bottomlesse pitte, after the starre was fallen. After this folowed a great pestilence: Whiche woonders, if they be true be not vnwoorthy the notinge, consideringe the chaunge that folowed. For hitherto still from time to time, although some Popes did priuily attempte the contrarye, yet the Emperours alwaies kepte the confirmation of the Pope, the inuesturinge of Bishoppes, and the orderinge of many other Ecclesiasticall matters, tyll the next Pope beganne openly to repine at the matter, and his successour after him to Curse, and some of those that folowed, fell from chidinge and cursinge, to plaine fightinge for the same. In the whiche combate, though with muche adooe, at length they wroonge them selues from vnder the Emperours obedience: Yet alwaies euen hitherto, Princes haue had no litle interest in Ecclesiasticall causes, as hereafter shall appéere.

After Benedictus, was Nicolas chosen, whom the Emperour him selfe beynge present, did confirme, as witnesseth Nauclerus: At the same time, was the Emperour Lodouicus. 2. at Rome, who confirmed the Popes election. The same also saith Martyn, to the whiche Volateran addeth of the Emperour & the Pope: De communi consilio ambo cuncta gerebāt. All thinges were doone by common counsaile or consent of bothe, the Emperour and the Pope. And least it might be thought [Page] he meaneth not as wel Ecclesiastical as Temporal matters: Sabellicus maketh the matter more plaine, affirming that the Emperour and the Pope had secrete conference together many daies, and had consultation both touching the matters perteining to Christian Religion, and also of the state of Italy. And a litle after talking of the Pope: The Pope decreed by the consent of Lodouicus, that from thence foorth, no Prince, no not the Emperour him selfe, should be present in the councell with the Cleargie, onles it were when the principall pointes of faith were treated of. Hitherto in all these Ecclesiasticall causes, the Emperour hath the doinge, as well or more than the Pope. But this last decree, that by the allowāce of the Emperour, the Pope made, exempteth Temporall Princes from Ecclesiasticall matters in their councelles, though in the most principall matters Ecclesiastical, cō cerning faith, it leueth to them their interestes.

Martinus the second, gat into the Papacie malis artibus, by naughty meanes saith Platina, and as is noted in the margent, it was in this Popes time, that first of all the creation of the Popes was made without the Emperours authoritie: But this Pope died so shortely, as he came in naughtily. After whom Adriā the third, like vnto his predecessour, the second of that name (who by cūning sleight practised to defraude the Emperour of his authoritie) espying oportunitie, by reason, that Charles the Emperour, as Sabellicus saith, was farre of, busied in the warres, doth promote this matter to be decreed by the Senate and the people, and this he did immediatly after he was made Bishop, and persuadeth them, that they doo not hereafter wayte for the Emperours approbation, and confirmatiō, in appointing their Bishop, but that they shoulde kepe to them selues, their own fredome. The whiche thinge also Nicolaus the firste, with others attempted, but coulde not [Page] bringe it to passe, as Platina reporteth. Who also wryteth, that the Romaines had conceiued an hope of great libertie in the hauty courage of this Pope, beinge a Romaine borne. But to their great griefe, he within a while was taken from them.

The next Pope Stephen had an obscure tyme, sauing that Charles therein called a councell at Collen, and after him Arnulphus the Emperour, other twoo: the one at Moguntia, the other at Triburum. Of these Popes and those that followed, as Formosus, Stephanus, Romanus, Benedictus, Leo, Christophorus, Sergius, and a great company moa, the Historians geue but an homely testimonie, and Naeuclerus saith, that to satisfie their voluptuous lustes, they dyd maliciously malice one another, as most cruel Tyrantes, and he added this reason. Cum non extarent qui eorum vitia coercerent, bicause there was none to correcte and chasten them for their euill doinges. For so long as the Princes exercised their authoritie in ouerseing carefully the Churche matters, and the mynisters, so well the Popes, as other Bishoppes, there grewe no suche intollerable disorders, neither were there suche monsters, (for so Nauclerus termeth these Popes) that continued any space: But were by the Princes authoritie suppressed, and therfore Nauclerus citeth out of Platina, and affirmeth it to be true, that the cause of these monstrous Rebelles in the Churche was: Quod Resp. ignauos & desides principes habeat. Bycause the common wealth had improfitable and slouthfull Princes. Thus these writers burdeine and charge the Princes with the disorders and enormities in Christes Churche, wherein they doo them wronge, if they thought not, that it apperteined to the Princely authoritie to ouersee, care, and prouide for the good order of Christes Churche: and to redresse, punishe, and remoue the inordinate euilles [Page] therein. Yea, Sabellicus so wondereth at these tragicall examples of the Bishoppes of this time, and their horrible obliuion of Godly Religion, that he ascribeth the good and godly moderation that was in the Bishops, and the dutifull execution of their office, from Charles the great, till the ende of the Frenche Empire, whiche was an whole age: to be not so muche of them selues, and their owne good wills, as of thē awe and feare they had of the Princes, kinges, and Emperours, who were their guardians. And therfore cōcludeth, that it may be truely said, that this was the calamitie of Fraunce, Italy, and of the Churche of Rome: Quod in ea gente desitum esset imperari: bicause there was no king nor Emperour to beare rule, meaning that although there were kinges and Emperours, yeat did they not execute their Princely office and authoritie, in ouerseing, correcting and reforming the Churche matters, and her mynisters, and therefore the state was miserable. In this cōfusion were al thinges, but especially in the Churche of Rome, till God stirred vp the wyse and mighty Prince Otho the first, whose zeale, stoutnes & trauayle in reforming Religion and the disordred Churche, no tongue is able to expresse, saith Nauclerus.

At this time was Iohn. 13. Pope, a man replete & lodē with all dishonestie and villany, against whom twoo of the chiefest amōgest the Clergie (the one was a Cardinall Sabellicus. Platina. Naucler. saith Luithprādus, the other, maister of the Rolles) made cō plaint vnto Otho, most hūbly beseching him, to haue some cōpassion on the Church, which if it were not speedely reformed, must néedes come to vtter decay. After whō came the B. of Millain, & so one after another a great many mo, making the same sute vnto Otho: who being moued of his own zeale to gods glory, but now enflamed by ye lamentable suplicatiōs of these Bishops, Rex pijssimus, saith Luithp. [Page] non quae sua sunt, sed quae Iesu Christi cogitans: The moste religious king hauing carefull cogitations, not for his owne thinges, but for Iesus Christes matters, addressed him selfe with all conuenient spede into Italy, to refourme Rome from whence all the mischiefe sprange. When the Pope vnderstoode of his comming, he prepared to receiue him in most honorable wise, and with suche humilitie behaued him selfe towardes the Emperour, and shewed such faire face of repentaunce, that the well meaning Emperour, thought he had meant as he pretended, sware the Pope to obedience and loyaltie against Berēgarius and Adalbertus, as Luithprandus writeth, and so retourned into his countrey. This Luithprand is the more to be credited, for that he was liuing a famous writer, and Deacon Cardinall, euen in the same time. The Pope immediatly against both othe, and honestie, practised with Adalbertus, to depose this godly Emperour, and promised him by othe his aide. The reason or cause why Iohn the Pope should hate this most Godly Emperour, who Luithprād. had deliuered him out of the handes of Adalbert his enemy, and wherfore the Deuil should hate God his creatour, semeth not to be vnlike. For the Emperour, as we haue had good experience, vnderstandeth thinges pertaining to God, he worketh, he loueth them, he mainteineth, with maine and might the Ecclesiasticall and Temporall matters, he decketh them with manners, and amendeth them by Lawes: but Iohn the Pope is against all these thinges. The Emperour seeketh by diuerse waies to reconcile this Pope, and to bring him from his filthy life, to some honestie, & regarde of his office. Whan by no persuasions he can winne him, he determineth to depose him, and for that purpose, he calleth a councell of the Bishops of Italy, to the ende he may seeke the reformation, whiche he mindeth, and sawe to be ouermuch [...] needefull, by their aduise.

Pope Iohn seyng him selfe to be tried by a Synode, [Page] runneth away, when all the people sawe their Pope was runne away from them, they sware fidelitie to the Emperour, promisinge by their Othes, that they woulde neuer hereafter elect or make any Pope without the consent of ye Emperour. Within thrée days after there was a great assembly in S. Peters Churche at the requestes of the Bishoppes and people: In whiche councell sat the Emperour with many Archebishops and others: to whome the godly Emperour propoundeth the cause of their assembly, exhorteth them to doo al things with vpright iudgement: and the Bishoppes, Deacons, Cleargy, and all the people make solempne protestation, and obtestation of their iust and vpright dealing in the cause propounded. And bicause the chiefe matter touched the Pope that was rūne away: the holy Synode saide, if it séeme so good to the godly Emperour, let letters be sente to the Pope, and cyte him to come and purge him selfe: the Letters were directed in this fourme: Otho by Goddes grace Emperour, with the Archebishoppes of Liguria, Tuscia, Saxonia, and Fraunce, sende greeting in the Lorde to Iohn the Pope: wee comminge to Rome for our Seruice to God, and enquiringe the cause of your absence from your churche, were enfourmed by the Bishops, Cardinalles, Priestes, Deacons, and the whole people of suche shamefull dooinges by you, as wee are ashamed to rehearse: whereof these are parte they chardge you with: Murder, periury, sacrilege, inceste with twaine of your owne sisters: that in your banquettes (whiche is horrible to be rehersed) yee drinke wine in the loue of the Deuill: in your play at dice, you craue the helpe of Iupiter, Venus, and other Deuilles: wherefore wee pray you to repaier vnto vs your selfe. To this the Pope writeth this answeare. I here say yee will make an other Pope, whiche if yee attempt, I excommunicate you all that yee may haue no licence or power to order any, &c. To this short answeare the Emperour with the Synode replie [...]h, tellinge him they had writen, to let him vnderstande [Page] of the crimes wherewith he was chardged, and that he had sent them suche an answeare as rather became the folie of a childe, then the grauitie of a Bishop: as for the power of bindinge and losinge, they say, he once had as Iudas had, to whome it was saide Quaecunque ligaueritis super terram, &c. VVhat so euer yee binde on earth, shalbe bounde in Heauen, &c. But nowe he hath no more power against the Emperour and the Synode, then Iudas had when he went about to betray Christe his maister. These letters were sente vnto him by twoo Cardinalles, who returned, not findinge him: and therefore the Synode procéedeth to his Deposition: They beséech the Emperour to remoue Monstrum illud, That Monster, and to place some woorthy Bishop in his roome. Tunc Imperator, placet inquit, quod dicitis: Your request pleaseth me, saith The Emperour. The Clergie and the people (saith Nauclerus) dooth make humble supplication vnto the Emperour, to prouide for them a woorthy Bishoppe: to whom the Emperour answeareth: Choose you your selues one, whom, hauinge God before your eyes, yee maie iudge woorthy, and I wil confirme him: The Emperour had no sooner spoken this (saith Luithpr) than they all with one assent named Leo: The Emperour gaue his consent: Et Ottho Imperator, Leonem creat Pontificem, And Ottho the Emperour created Leo Pope (as Sabellicus & Platina saith). Here Luithprandus telleth at large, how after this creation of Leo, ye Emperour dissolued ye Synode, & what mischiefe ye monstrous Pope Iohn wrought afterwarde. For by his fréendes in Rome, Pope Leo was driuen away. And after this monster was dead, the Romaines elected Benedictus in his place, & requireth the Emperour who was than at Spolet, to cōfirme him: the Emperour woulde not, but compelled them to receiue Leo againe. And here the Emperour summoned againe a new [...] Platina. [Page] Synode, wherein he sat him selfe, for the canonicall depoficion of Benedictus. not withstandinge this, saith Nauclerus, Leo being weary of the inconstancy of the Romaines, did constitute by their consent in the Synode holdē at Rome, that the whole authoritie of chosinge the Bishop, shoulde remaine in the Emperour, as it is rehersed in the decrees in these woordes: Being in the Synode at Rome in the Church of the holy Sauiour: like as Adrianus Bisshop of Rome graūted to Charles the Dist. 63. great, the dignitie of patricians hip, the ordering of the Apostolical sea, and the inuesturing of Bissops: So I also Leo Bisshop of Rome, seruaunt of Goddes seruauntes, with the consent of all the Cleargy and people of Rome, doo cōstitute, confirme, and corroborate, and by our Apostolical authoritie, wee doo graunt and geue vnto the Lord Ottho, the first King of Dutchmen, and to his successours in this kingdome of Italy for euer, the autoritie to elect after vs, and to ordeine the Bisshop of Rome: and so Archbisshops, and Bisshops, that they receiue of him, as they ought the inuesturing, and consecratiō: excepting those, whom the Emperour hath graunted to the Popes and Archbisshops: And that noman hereafter of what dignitie or Religiō soeuer, haue power to elect one, to the dignity of consulles Bloud, or to be Bisshop of the Appostolique sea, or to make any other Bisshop, without the Emperours consent. And if any be chosen Bisshop, without he be commended, and inuested by the Kinge, that in no wise he be consecrated, vnder paine of excommunication. As Sabellicus noteth this for a renowmed matter, ye the right of creatinge the Pope, was now restored to the Emperial dignitie: euen so Nauclerus affirmeth, this godly Imperour Ottho, to be borne In totius Ecclesiae consolationem, for the consolation of the whole Churche.

When this godly Prince was dead, whilest his sonne Ottho 2. was busied in the warres against the Sarazens: and after him his Sonne Ottho 3. was yet in noneage, the Popes beganne to waxe so euill, and the state of Christes Churche to decaie asmuche as euer it did before: So [Page] daungerous a mater it is, to want godly Princes to gouerne Goddes Churche, and to ouersée the Mynisters thereof. About this time Hugh Capet the French king, looked better to his Cleargie in Fraunce, and callinge a Councell at Rhemes of all the Prelates of Fraunce, deposed Arnucphus, whome Charles had made Bishop there, Nauclerus. and made Gilbert the Philosopher Bishoppe, whome afterwardes Ottho. 3. made Archebishoppe of Rauenna. After Hugh, Robert his sonne succeded, a Prince very wel learned, and a diligent labourer about diuine or Churche matters, whiche is the propre parte of a righte kinge, saithe Sabellicus. When Ottho 3. (surnamed for his excellent vertues in that vitious Abb. Vrsp. age, Mirabilia mundi, the maruailes of the worlde) herde of the great misorder in Rome, for the reformation therof he came into Italy: but or euer he entred into Rome, Pope Iohn 17. died, and there fell no contention (saith Nauclerus) in the Popes Election, bicause the Prince appointed by his commaundement, Bruno to be pronounced Pope, who was called Gregory. 5. So soone as the Emperour departed from Italy, the Romaines thrust out Gregory, and placed one Placentinus, whome thei call Iohn. 18. The Emperour hearinge hereof, came to Rome, hanged vp the Consul, and put out Iohns eyes, & restored Gregory into his sea againe. I maruaile that the historians, (saithe Platina) doo reken this Iohn amongest the Popes, Platina. which vndoubtedly was in his Papacy a theefe, and a robber, for he entred not in by the doore, as of right he shoulde haue doone, for he came in by a faction, corruptinge, with money and large giftes Crescentius the Consull, a most couetous wretch, and no lesse ambicious. Wherby, the sharpe iudgement of the Emperour, is declared to be but vpright iustice. So that Platina makinge Gregory to be the true Pope, and to haue entred in by the doore, of whome he saith, Ottonis 3. authoritate pontifex creatur, he is created Pope by the Emperours authoritie, & declaring the other [Page] that came in without ye Emperours consent to be a théefe & a robber: seemeth to be of this opinion (although to flatter the Popes withall, he durste not so plainely open his minde) y• without the Pope be creat with the Emperours confirmation & authoritie, he is but a théefe and a robber.

Next, vnto him, saith Nauclerus, was Syluester the second placed, by the Emperous appointment. Who being a Coniurer, had solde his soule to the Deuill for this promotion. Neuertheles, he was, saith he, so witty, so learned, and seemed so holy, that he not onely deceiued the Emperour that made him Pope, but all the worlde besides. In which Otho the Emperour remaining at Rome, did deliberate after what sort, and by what meanes he might reforme, not onely the Empire, but also handeling Ecclesiasticall matters, howe Nauclerus. he might reforme the Lawes of the Churche, and bring them into the auncient estate. Suche was the carefull trauell of the Godly Princes, in gouerning not onely in Temporall, but also in Ecclesiasticall thinges and causes.

Benedictus the ninth, solde the Papacy to Gregory the Sabellicus▪ sixt. Syluester the thirde, thrust in amongest them by frendship and bribery. To this case was the Papacy brought nowe (saith Platina) that onely he that was most mighty in ambition and bribery, obteined this dignitie: there was no roume for good men. Henricus the third, surnamed Pius, came to Rome to thrust out these three monsters, saith Sabellicus, and to bring this to passe in better order, he calleth a Synode, wherein he deposeth these three monstrous beastes, and dooth create Clement the second. The whiche doon, he sweareth the Romaines, that they shall neuer after be present at the election of any Pope, onles they be compelled thereunto by the Emperour. But after the Emperours departure from the citie: Stephan perceiuing the people to grudge somwhat at Clementes election, despatched him out of the the way with a medicine for a Pope. Venenum [Page] illi miscuit, he poisoned him (saith Sabellicus,) and immediatly after his death, entruded himself into the Papacy, without consent, either of the Emperour, people or priest, and called himself Damasus 2. But with in a while he died also. In ye meane time the Romaines sent to the Emperour, besechinge him to appointe them some good man to be their Bisshop. who made Bauno Sabell. Pope, and was named Leo 9. After this Leo, whom Hildebrand ridde out of the waye, saith Benno Cardinalis, was Victor the seconde made Pope, by the Emperours authoritie or priuilege. Platina. Abb. Vrsp. Shortly after, this Godly Emperour died beinge greatly praised, & surnamed, Pius Henricus, for his dealinge in the reformation of Churche matters. This Emperour had called two councels, the one at Constance, wherin he was him self present, & after ye another at Moguntia, wherin both the Emperour & the Pope, sat in Synod. This Pope saith Nauclerus, came into Germany about the church matters, and ordered al thinges therin, (saith Abbas Vspurg.) by the aduise and counsaile of the Emperour and other seculer Princes, and the Bisshoppes. And as this Emperour had yeat this interest in the councelles, and in the creatiō of the Pope him self, so had he the placing and displacing, allowing & disallowing, in other spiritual promotions, as at large appeareth in Nauclerus. Stephen 9. was chosen Pope after that Victor had dronken of Hildebrandes cuppe. But this Stephen liued not long: for saith Benno, If any other than Hildebrand were chosen Pope, Gerardus Brazutus, Hildebrandes familiar friend would soone dispatche him out of the way with poyson. Alexander 2. was Sabellicus. chosen without the Emperours authoritie or knowledge, with whose election the whole Clergy of Lombardy was muche offended, & refused to owe vnto him any obedience, beseching the Emperour that he would geue them licence to choose one of their owne: persuading him that there ought none to be electe without the consent of the king of Italy. After [Page] they had licence, they chose Cadolus the Bishop of Parma, whom all the Clergy of Lombardy obeied as their lawful Pope. The Cardinals (saith Benno) knowing well Hildebrandes ambition, did winne with muche sute the Emperours fauour and aide to their newe elected Pope Cadolus: the which did so deepely perce the harte of Hildebrande, that he became a deadly enemy to the Emperour for euer after, contrary to the faithfull dutie that he had sworne vnto him. Hard holde there was betwixt these two Popes, so wel with strokes as with woordes: they bothe gathered great armies, and with their armies came into the fielde in their owne persones, and fought twoo cruell and bloudy battailes, and so ruled the Schismaticall Churche with Paules swoorde, Peters keyes, beinge fast locked from them bothe in Christes Churche: til the Emperour sent Otto the Archebishop of Collein, geuing him full authoritie, as he should see cause, to set in order the Churche matters. Whan Otto came to Rome with this large commission, Platina▪ he did sharpely reproue Alexander at the firste, Bicause he had taken vpon him the Papacy without the Emperours commaundement, and contrary to that order, whiche the Lawe it self and the longe custome also hath praescribed. Whose wordes Nauclerus telleth thus: How commeth this to passe (saith he) my brother Alexander, that contrary to the maner of olde time hitherto obserued, and against the law praescribed to the Romain Bisshops many yeres agoo, thou hast taken vpon thee the Romaine Papacy without the commaundement of the king, and my Lorde Henry: and so beginning from Charles the great, he nameth many Princes, by whose authoritie the Popes were either chosen, cōfirmed, or had their electiō ratified: & whan he was going forward in his oration, Hildebrand Tharchdeacō taketh ye tale out of his mouth, saiyng in great heat: O Archbishop Otto, the Emperours and kinges, had neuer any right at al, or rule in the electiō of the Romain Bishops. Tharchbishop gaue [Page] place to Maister Archedeacon by and by: For Hildebrand knewe well inough, saith Sabellicus, that Otto woulde relent easely, and agree with him. In suche sorte also haue other godly Princes been beguyled, trustinge ouermuche popish Prelates with their embassages. Within a while after, whan the Emperour heard of these doinges, he sent Sabel. streight to Pope Alexander, to gather together the Prelates, promising that he him selfe would come to the coū cel: to set an order in the Churche matters, that all thinges might be doon in his owne presence, who vsed Alexander very gently & friendly, wherwith the Pope afterwardes was so moued, and saw how he him self had been abused by Hildebrands instigations against so gentle a Prince, yt he was greatly sory, that he had attēpted to be Pope without his assent. Whereupon saith Benno, whan Alexander vnderstoode, that he was elected and enstalled by fraude and craft of Hildebrande, and other the Emperours enemies, in his sermone to the people, he plainly declared, that he would not sit in the Apostolike sea, without the licence and fauour of the Emperour: and further said openly in the pulpit, that he would sende foorthwith, his letters vnto the Emperour for this purpose, so greatly he repented him of his vsurpation without the Emperours authoritie.

Hildebrande, who had long awayted and practised to be Pope, impacient of any longer tariaunce, immediadly after the death of Alexander, gatte to be made Pope, & was called Gregory the seuenth, of whose election Abbas Vrspurgens. faith: next to Alexander succeded Hildebrande, vnder whom the Romain cōmon weale and the whole Church, was endaūgered and brought in a great peril with new errours and sehismes, such as haue not been heard of: who climbed vp to this high dignitie with out the consent of the Prince, and therfore there be that affirme him to haue vsurped the Papacy, by tyranny, and not Canonically instituted, for whiche cause also many did refuse him to be Pope. In this election, [Page] Hildebrande made poste haste, for feare he had come shorte of his purpose. In so muche that Nauclerus saith, before the exequies of Alexander were finished, the Cleargy and people that came to the buriall, cried out, that S. Peter had chosen Maister Archedeacon Hildebrande to be Pope, whereuppon the Cardinalles went a side and elected Hildebrande. But Benno, who was a Cardinall at Rome the same time, saith, that the selfe same eueninge and hower, when Alexander died, Hildebrande was enstalled by his souldiours, without the assent of either Priest or people: fearing least delay woulde bréede perill: to whose election not one of the Cardinales did subscribe: in so muche that Hildebrande saide to an Abbot, that came short to the election, brother Abbot yée haue taried ouer longe: to whome the Abbot answeared, and thou Hildebrande hast made ouer muche hast, in that thou hast vsurped the Apostolique sea against the Canons, thy Maister the Pope beinge not yet buried. By whiche poste haste, importune clamours, and violent election, it is easie to sée, how Platina and those that followe him, doo no lesse lie than flatter in praysinge this Pope, and settinge foorthe so comely a fourme of his election. Nauclerus, protesteth and promiseth in the tellinge of this Popes life to kéepe an indifferencie and fidelitie, in the report of the Chroniclers: & firste reporteth the state of ye Churche vnder this Pope woorde for woorde as I haue rehersed out of Abbas Vrspurg. and to declare his further vprightnes in the mater, he telleth what he foūde writen in a fine stile amongest the Saxon histories: that the Bishoppes of Fraunce moued the Prince not to suffer this election, whiche was made without his consent, for if he did, it might woorke to him muche and greuous daungier: the Prince perceiuinge this suggestion to be Nauclerus. true, sent immediatly his Embassadours to Rome, to demaunde [Page] the cause wherefore they presumed without the Kinges licence, against the custome of their auncestours, to ordeine a Pope: and further to commaunde the new [...] electe Pope, to forsake that dignitie vnlaufully come by, onlesse they woulde make a reasonable satisfaction. These Embassadours were honorably receiued, and when they had declared their message, the Pope himselfe, maketh them this answere: He taketh God to witnesse, that he neuer coueted this high dignitie, but that he was chosen, and thrust violently thereunto by the Romaines, who woulde not suffer him in any wise to refuse it: notwithstandinge they coulde by no meanes perswade him, to take the Papacie vpon him, and to be consecrate Pope, till he were surely certified, that bothe the kinge and also the Princes of Germanie, had geuen their assente. When the kinge was certified of this answeare, he was contente and willingly gaue commaū dement, that he shoulde be ordered Pope. He also reciteth out of Blondus, and other writers, That the Kinge gaue his Consente vnto the Popes election, sending the Bisshoppe of Verselles, the Chauncellour of Italy, to confirme the election by his authoritie, as the maner had beene, the whiche thinge also, Platina (saith he) seemeth to affirme.

Afterwardes the Emperour called a Councel, which he helde (as Sabellicus saith) at Woormes, whereat were all the Bishoppes of Fraunce and Germany, excepte the Saxōs. The churchmen of Rome sent their epistles, with gréeuous cōplaints against Hildebrand vnto this coūcel: Auentinus. In quibus Hildebrandum ambitus & periurij accersunt, eundem (que) plaera (que) auarè, superbe (que) facere, conqueruntur: hoc (que) reiecto, alium pastorem postulant: wherein they accuse Hildebrande, of ambition and periury, complaininge that he dooth manye thinges proudly and couetously, and therefore desire, that he may bee deposed, and another pastour appoincted them.

The Fathers in this Councell make a Decrée for to [Page] depose Hildebrande, recitinge therein many his greeuous and horrible crymes, that moued them therto: And not onely the Bysshops of Germany and Fraunce, but also the Bissoppes of Italy, assembled togeather at Ticinum, a citie in Lombardy nowe called Pauia, did subscribe this Decree. This Synode beynge thus finished, the Emperour (saith Auentinus) wrote two letters, the one to Hildebrand, the other to the people and priests of Rome, wherein he commaundeth Hildebrande, according to the Decree of ye Councell, to retourne to his pryuate life and estate, and the Romaines to forsake Hildebrande, and to choose to them selues a Pastor, accordinge to the manner of their auncestours. Who so listeth to reade these epistles, and the seditious, traiterous, and tragicall feates and practises of the Pope against the Emperour, bothe before, and especially after this Decree, he may sée them in Orthwinus Gratius, in Nauclerus, Auentinus, Sabellicus, and Platina.

Henry the. 5. came into Italy to ende the controuersy Nauclerus. and discorde, that was betwixte him and the Pope, for this iurisdiction, and to make suche composition as might bringe quietnesse bothe to the Churche and the Empyre: But Paschalis the Pope did not muche lyke of his comminge, as the Italian wryters witnesse. The Emperour sendeth to the Pope, the Pope againe to him: certaine couenauntes were agreed vpon, and confirmed by othe, and assured by pledges on bothe the parties. But the Pope coulde not, or woulde not, keepe promise with the Emperour, for that his Bishoppes did withstande, and in no wise would stande to the agreement: whereupon folowed great tumult and a bluddy fraye. The Emperour seynge they for their partes, would not stande to the couenauntes, whiche were confyrmed so strongly by othe, and hostages, as mighte be, woulde not in like wyse be [Page] bounde to his. Shortly after Easter following, there was a freendly peace concluded betwixt the Emperour and the Pope, who crowned Henry. 5. Emperour, deliuering vnto him with his holy hande suche priuileges as his auncestours were wont to enioie, and confirmed the same to him, neuer to be taken from him vnder the paine of the great Cursse. After this the Emperour tooke an Othe of al the inhabitauntes in euery Citie thorough Italy, for Nauclerus. their faithfull obedience to him, and the faithfull keepinge of this his prerogatiue, and priuilege in Ecclesiasticall thinges or causes.

The next Emperour to Henry, was Lotharius, who so laboured with the Pope, to retaine the inuesturing of Ecclesiasticall persones, and besides that, he so trauailed in other Ecclesiasticall causes, so well as Tēporall, that saith Vrspurgens. Huius laus est à vindicata religione & legibus: The praise of this Prince is, in that he refourmed Religion and the Lawes.

Nexte to whome, was Conradus Emperour, to whome the Romaynes wrote supplicacions, to come and chalendge Otto Frisingen. his right in these matters, to reduce the forme of ye Empyre, to the old state which it was in, in Constantine and Iustinians daies, & to deliuer them from the tiranny of the Pope. To whome also the Pope wrote humble supplications, to take his cause into his protection against the Magistrates of Rome, Nauclerus. whiche tooke vppon them to reduce the Pope, to the olde order and state of the auncient Bisshoppes of Rome.

Nexte to whome, followed the godly and zelous Emperour Frederike the firste, who séeinge the horrible vices of the Romishe Churche, commaunded that no Legate of the Churche of Rome shoulde be suffred to entre into Germany, with Nauclerus. out he were called or hyred of the Emperour: nor woulde suffer that any man vnder the maner of appellation shoulde goo vnto the Courte of Rome.

[Page] After the death of Adrian the fowrth, the Cardinals fel out amongest them selues for the Election of a newe Pope: some stryuinge to haue Rowlande, other some cō tendinge to haue Octauian, a man (saith Vrspurg.) in all Vrspurg. pointes honest and Religious. Herevpon sprange an horrible Nauclerus. Schisme, and greate discorde. Rowlande sent his Legates to the Emperour Fredericus. 1. and desired him that Sabellicus. he woulde take vp and ende this contention by his authoritie. The Emperour commaundeth them both to come vnto him at Ticinum: where foorthwith he sommoned a coū cell to be holden about this matter, mindinge to examine Vrspurg. bothe their causes, and by searchinge to trye, whose cause was the more honest. Rowlande beynge afraide to haue the matter come to this tryall, getteth him to William of Sicilia, the Emperours mortall enemie, and within twelue daies putteth on his Cope, and nameth him selfe Alexander: for he purposed (béelyke) to make a conquest of the matter. He alleaged his ellection to be good out of al doubte, and that he sente for the Emperours ayde, and not for his arbytrement: and therefore thought not good to bringe his case into doubtfull question. The Emperour Platina. beynge offended with him, for that he woulde not obey his appoinctement, sente twoo Bishops to cite him, to come vnto the Councell by the name of Cardinall, and not Pope: But Rowlande refused, confutinge their Citacion with this Maxime or Principle, Romanum Pontificem a nemine iudicari debere: the Pope ought not to be iudged of any man. But whē these Legates from the Emperour came to Octauiā, he straight ways obeied, & theybrought Nauclerus▪ him to Papia. Vrspur. saith, that Rowlande was oftentimes monished to come, and did contemne all those monitions. The Emperour satte in the Councell, (as Radeuicus Frisingensis, who wrote his actes, witnesseth) and made an oration Platina▪ [Page] vnto the Bishoppes, wherein he declareth, and that by the example of his auncestours Constantinus, Theodosius, Iustinianus, and of later time of Carolus Magnus, and other, that the power and authoritie to call Councelles, where the Churche is troubled with any schismes, or other perillous distourbance, belongth to the Emperour: Notwithstandinge he committed the difininge of the controuersie to their wisedome, and gaue them thereunto authoritie. The councell debateth the cause, & consulteth with men learned Vrspurg. in the lawe, and so concludeth, that Octauians election was good, and adiudgeth him to be the right Bishop of Rome. When they had thus tryed out the matter, [...]redericus the Emperour (saith Platina) Confirmat Octauianum Pontificem: Confirmed Octauian Pope. The Emperour within a while after, sente Octauianus, new confirmed Pope, towardes Rome, who dyed in the iourney. After whose death, the Emperour called an other councel at Wirtzberge (as Auentinus writeth) wherein were a greate number of Archebishoppes, and other Bishoppes, and also may of the nobles and states of the Empyre. In this Councell a statute or Decree was made by common consente: That from hencefoorth none shoulde be Pope, onelesse he were created by the consent of the Emperour, accordinge as the custome had bene of longe and auncient time. This worthy Emperour, whom the Chroniclers call Christianissimum, moste Christian, for his zeale towardes Goddes Churche, endeuored not without great perill to him selfe and his estate, to reteine the iurisdiction due to the Princes, and thereby to refourme the horrible disorders that were growen so highe, that they ouerwhelmed the Churche, as in lyke sorte diuers other Emperours and Kinges, bothe before and after, had attempted, but in vayne: for the wealthy pride, the fierce power, and trayterous treachery of the [Page] Pope and his Prelates was so mighty, violent, and subtile, that there was no earthly power able to withstande or matche with them. And therfore Erasmus compteth the In Prouer. Sileni Alcibiadi [...]. Popes of this time, and those that folowed, to be the Vicars and successours of Iulius Caesar, of Alexander the the great, of Croesus the ryche, and of [...]erxes the mighty: rather then of Christe, the onely Emperour & gouernour of the Churche. Bernarde calleth Eugenius. 3. in his great pompe, and pride, rather the successour of Constantinus the highe Emperour, then of Peter the humble Apostle. And Abbas Vrspurg. who lyued at this time, when the Popes had spoyled the Emperour, and other Princes welnighe of all iurisdiction, rulinge all by theyr owne Decretalles, nowe aboute this time set foorth as they listed, maketh a lamentable complainte of the horrible pryde and couetousnesse of the whole clergie, and concludeth with these woordes: Gaude mater nostra Roma, &c. Reioyce O our mother Rome, bycause the scluses of the hidden treasures in the earthe are opened, that riuers and heapes of money maye flowe vnto thee in great abundance. Be glad of the iniquitie of the sonnes of men, bicause money is geuen to thee for the recompence of so great euilles. Be mery and iocund for discordes sake, which is thy helper, bicause she is rushte out of the infernal pit, that plētiful rewardes of money might be heaped vpō the: thou hast that which thou hast alwaies thyrsted after: synge pleasant balades, for through mennes malitiousnesse, not by thy Godlinesse, thou hastouercome the worlde.

About this time, the kinge of Cicilia and Apulia, had a Otto Frisingensis. dispensation from the Pope for money, to Inuesture Archebishoppes or Bishoppes with staffe or crosier, rynge, palle, myter, sandalles [...]r slippers: and that the Pope mighte sende into his dominions no Legate, onlesse the kinge shoulde sende for him.

Our Englishe Chroniclers make report, that the Kynges of this Realme, hadde not altogeather leafte [Page] of their dealinge in Churche matters, but continued in Of the dooinges of the kinges of this Realme, in Eccl. maters, before the Cōquest loke in the boke De potestate Regia set out by the Prelates, 26. Hen. 8. parte their Iurisdiction aboute Ecclesiastical causes, although not without some trouble. Polychron. Polic. Fab. Polyc. Fabyan. The Popes Legate came into Englande, and made a councell by the assent of kinge William the Conquerour. And after that in an other Councell at Winchester, * were put downe many Bisshops, Abbottes, and Priours, by the meanes and procurement of the Kinge. The kinge gaue to Lanfranke the Archbisshoprike of Cantorb and on our Lady day the Assumption made him Archebishop. On whit Sonday, he gaue the Archbishoprike of Yorke, vnto Thomas a Canon of Bayon. When Thomas should haue béene consecrated of Lanfranke, there fell a strife betwixt them, about the liberties of the church of Yorke. The controuersie beinge about Churche matters, was brought and referred to the Kinges iudgement, and Thomas by the Kinges commaundement, was faine to come againe to Lanfranke to be sacred. And afterwarde, when there grew greater contention betwixt these twaine about Churche Polychr. matters, the Bishop of Rome remitted the matter to be determined before the Kinge, and the Bisshoppes of Englande, and so at Windesour before kinge VVilliam and the Cleargy, the cause was treated. Also an other cause was mooued before 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 Fab. Polychr. 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. Fabyan. 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 Polychr. owne leaue: Also he woulde nothinge suffer in suche a councell, but as he woulde assent. So that in geuinge, or translatinge of [Page] Spiritual promocions, in geuing his assent to councels, and suffring nothing to passe without his cōsent, in hearing and determining Ecclesiasticall causes, in restreining the Popes libertie, without his speciall licence, and in ruling the s [...]iritualtie at his owne wil: king William sheweth plaine, that he tooke him selfe for the supreame gouernour within this Realme in all maner of causes, so well Ecclesiasticall as Temporall. In like maner did his sonne William Rufus, who made Anselme Bishoppe of Yorke, and afterwardes translated him to Cantorbury. But within a while, strief and contention fell betweene him and Anselme, Eabyan. for Anselme might not call his Synodes, nor correct the Bisshops but as the king would: the king also challenged the inuestiture of Bishoppes. This king also forbad the paiyng of any money or tribute to Rome: as saith Polychronicon.

The like inhibitiō made Henry the first, and gaue Ecclesiasticall promocions, Math. Par. as his auncestours had doone: wherefore Anselme fel out with the king, and would not Fabyan. 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 Fabyan. officers, should punishe Priestes for whoordome. The cause of this decree, as it seemeth, was, that a Cardinall named Ioannes Simeō Dunelmensis. Hen. Huntingtonus. Roge. Houedenus. Mat. Paris. Mat. vvestmonast. Polydorus. Cremensis, that came to redresse the matter, after he had enueighed against the vice, was him selfe the same nyght taken tardy. In the whiche councell also, (saith Polydore) the king prouided many thinges to bee enacted, whiche shoulde greatly helpe to leade a Godly and blessed life. After this the kinge called an other counsell at Sarisbury, Sommoning thither so well the chief of the Clergie, as the people, and swore them vnto him, and vnto William his sonne. Whereupon Polydorus taketh occasiō to speake of the order of our Parliament, though it haue a French [Page] [...] [Page] [...] [Page] 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 Polyd. Church ceremonies (as other likewyse cal it, Ecclesiasticall busines) Naucler. Abb. Vrsp. but the Princes of euery nation, began euery where to claime this right vnto them selues, of naming and denouncing of Bisshoppes, the whiche to this daie they holde fast with toothe and nayle. Also Martinus here noteth. Vntill this time, and from thence euen till our daies, the king of Hungary maketh and inuestureth according to his pleasure, Bisshops and other Ecclesiastical persones within his Dominions. And here sithen I am entred into the noting of the practises of other countries in this behalfe: I might not onely note the doinges about this time of Frederike king of Sicill, and Iames the king of Spain his brother, in reformation of Religion in their Dominions, as appeareth in their Epistles writen by Arnoldus de noua Villa: but also make a digression to the state of other partes in Christendom, as of the Churches of Grece, of Armenia, of Moscouia, &c. that acknowledged not any, but onely their Princes, to be their supreme gouernours in all thinges next to Christe: as especially also to note that most aunciēt part of Christendome southwarde in Aethyopia, conteining. 62. kingdomes vnder ye 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 [Page] Ianes, but saye they, his name is Gyā, that is, mightie, and they marueile greatly what the Italians meane, to call him by the name of Priesthoode. But this they saie, that all the suites or requestes euen of their greate Bisshoppes, are brought before the kinge him selfe: and that all their benefices or Spirituall promotions be obteined at his handes. So that there beynge, as Sabellicus telleth further, an exceadinge great nomber of chiefe Prelates or Metropolitanes, and vnder euery one Prelate at the least twenty Bishoppes, all their sutes and causes Ecclesiasticall, beyng brought vnto him, and he the maker of all these Prelates, Bishoppes, and other Ecclesiasticall persones, he is called ouer them all, Clergie or Laye, in all causes Ecclesiasticall or temporall, Cyā the mightie: that is, the supreme Ruler and Gouernour, and euen so hath continued sithen those partes were first Christened, (as they saye) of Thomas Dydimus the Apostle, vntill our time. But this by the waye, nowe from them to retourne to our owne countrey.

In England also, king Stephan reserued to him self, the inuestitures of the Prelates, as likewise after him did Mat. Paris. Polych. 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 Mat. Paris. Fabyan. that the Clergie had, and amongest these, was one: that although one of the Clergie had committed felonie, murder, or treason, yea [...] might not the kinge put him to death as he did the Laye menne. The whiche thinge with many other, the kinge thoughte to redresse in the saide Parliament. Thomas Becket resisted him, but he mighte not praeuayle againste the kinge. For well neere all the Bisshoppes of Englande were against him.

In the 17▪ [...]ere of his reigne, the king made a iourney into Ireland, [Page] wherewith great trauaile, he subdued the Iris he, and after with the helpe of the Primate of Ar [...]ch, he refourmed the manners of the people and dwellers in that countrey, and that in three thinges especially: Fabyan. [...]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 no [...] 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. Nauclerus. 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 councel [...], & ordering other Ecclesiasticall matters: yea, euē 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 Polych. Fabyan. Legate, and spake by the kinges power. But in this matter, kyng Iohn did more thē any of his predecessours, which purchased him muche hatred with the Pope and his Monkes. [Page] In this while the Frenche kinge helde a Councell at Cenomannia Fabyan. Antoninꝰ. in Turon. And after him Kinge Lewes did celebrate a solemne coū 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 Auētinus. all controuersie most pr [...]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 Nouell cōst. their heresies and appointing how they should be ordered; ordeininge likewise many priuileges for Ecclesiasticall personnes, In whiche time Henry the. 3. Kinge of Polyd. 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 [...]askes and paymentes against reason: of whiche when he sawe Fabyan▪ 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 Mat. Paris▪ 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 Antoninꝰ▪ 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▪ that kept the lawe of the high God &c. made a lawe againste th [...]e, that blasphemed the name of the [...]: adioyninge a penaltie [Page] 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 Appēd. Math. Paris. 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. Fabyan. Laste of all in the yéere of the Lorde 1268. he set foorth Appēd. Math. Paris. 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. Nauclerus. Platina.

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 Polych. chaunge, neither bye title, assigne landes tenementes, neither rentes to no man of Religion, without the Kinges leaue: whiche acte, sence [Page] that time, hath beene more straightly enacted and diuised with many Eabyan. Polyd. 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 Paul. Aem. 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 Anton. Naucler. Blond. 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. Aemylius. Nauclerus. 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 Platina. 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 Nauclerus. Antoninꝰ. Sabell. Nauclerus. Sabellicus. Aemyl. 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. Append. Vrspurg. [Page] 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 Antoninꝰ. Nauclerus. 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, Antoninꝰ. 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 Aemyl. at Rome, accordinge to the maner of other Romaine Emperours, he set Paral. Vrsp. Nauclerus. 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 [Page] 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 Antoninu [...] 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. Marius.

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 Paral. Vrsp. 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, Nauclerus. 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 [Page] Popes interdiction. &c. An other Councell he called afterwardes Nauclerus. at the same place, about the same matter: bicause Pope Clement called it Heresy, To saie that the Emperour had Paral. Vrsp. Nauclerus. 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 Aemylius 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 Pet. Bertrā. 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. [Page] 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, [Page] 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 Aemylius. 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 Paral. Vrsp. Fabyan. Caxton. Polyd. Nauclerus. 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 ye Prelates & Princes, Nauclerus. Paral. Vrsp. 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 Naucler. 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 [Page] 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 Polyd. 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, De schis. li. 3. cap. 73 [Page] 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 Pius Pap. 2. 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 Platina. 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 Sabel. Platina. 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 Volater. 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 Orth. Grat. 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, [Page] 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. [Page] 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 Nauclerus. 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 Nauclerus. 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 Nauclerus. 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 Orth. Grat. [Page] 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. Orth. Gra. 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, Paral. Vrsp. 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 Epist. 54. ad Cācel. Imp. 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 Li. 3. ca. 13. which is aforesaide, it is gathered, that the holy Emperours alwayes, [Page] 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, Electiōs, reseruations, expectatiues, Annates, vnfit pastours, pardons, tythes, & the spiritual courtes &c. beseching him, to haue some redresse herein. Who being moued with the admonitions, aduisementes and exhortatiōs of the learned Clergy, & the godly Princes, at the length called a councel at Triers & Colayn, for the redresse of these and other enormities, in the yere of the Lorde. 1512. whiche was the fourth yere of the reigne of the moste renoumed kinge of England, king Henry the eight. In this councel amongest other thinges, bicause there was a suspicion of a Schisme breedinge, and of Paral. Vrsp. greuaunces in the Church, it was necessarily decreed, that the Emperour and Princes electours, with other Princes and states of Thempire, should loke about them, and wel consult by what meanes, these greeues might be taken away most commodiously, and the Schisme remoued, and euill [Page] thinges reformed to edification. It was decreed also against blasphemours, to paie either a somme of money limited, or to suffer death. And that all men should know this decree, it was thought good to the Princes, and states of the Empire, that al preachers and persones, should at all high feastes preache vnto the people thereof faithfully. This being doon, Maximilian set forth a decrée for ye takinge away of the forsaid Ecclesiastical greuaunces: wherein he declareth that though of clemency he haue suffered the Pope & Orth. Gr [...]. the Clergy herein, as did his father Frederik: Yet not withstanding, sith that by his liberalitie, the worshippe and seruice of God, hath fallen to decaie, it apperteineth vnto his dutie, whome God hath chosen vnto the Emperial throne of Rome, that amongest all other moste great businesses of peace and warres, that he also looke about him vigilantly, that the Churche perishe not, that Religion decaie not, that the worship of the seruice of God, be not diminished, &c. In consideration wherof, he prouideth, that a man hauing in any citie a Canonship or Vicarship, enioy not any prehende of an other Churche in the same citie, &c. making other decrées against suing in the Ecclesiasticall courtes for benefices, for defence of Lay mens patronages, for pensions, against bulles, and cloked Symony, &c.

After this, the Emperour & Lewes the French king, concluded together to call a general coūcel at Pise: to the whiche also agreed a great part of the Popes Cardinals. Many (saith Sabellicus) began to abhorre the Popes Courtes, saying that all thinges were there defiled with filthy lucre, with monstruous and wicked lustes, with poysoninges, Sacrileges, murders, and Symoniacall fayers, and that Pope Iulius him selfe was a Symoniake, a dronkarde, a beaste, a worldling, and vnworthely occupied the place, to the distruction of Christendome, and that there was no remedy, but a generall Councell to be called, to helpe these mischiefes, to the whiche his Cardinalles accordinge to his othe, desired him, but they coulde not obteyne it of hym.

[Page] Maximilian the Emperour, being the authour of it, with Lewes the Frenche king (bicause the histories doo beare recorde, that in times past the Emperours of Rome had wont to appointe councels) they appointe a councell to be holden at Pyse.

Maximilian the Emperour, Lewes the French king, and other Princes beyonde the seas, were not more carefully bent, and moued by their learned men to refourme by their authoritie the abuses about Church matters, thā was king Henry the eight, at the same time king of Englande, of most famous memory, who following the hū ble suites and petitions of his learned Clergy, agreynge thereupon by vniforme confent in their conuocation, toke vpon him that authoritie and gouernement in all maner matters or causes Ecclesiasticall, which they assured him to belonge vnto his estate, both by the worde of God, and by the auncient Lawes of the Churche: and therfore promised vnto him, in verbo sacerdotii, by their priesthood, not to do any thing in their councelles wiehout his assent, &c. And this Clergie was not onely of Diuines, but also of the wysest, moste expert and best learned in the Ciuil and Canon Lawes, that was than or hath been sence, as D. Tonstal Bishop of Duresme, D. Stokesley B. of Londō, D. Gardiner Bishop of Wynton. D. Thirleby Bishop of Westminster, and after of Norwiche, & your olde maister D. Bonner, who succeded Stokesley, in the sea of Londō, and many others: by whose aduise & consent, there was at that time also a learn [...]d booke made & published, De vera differentia Regiae potestatis & Ecclesiasticae, whiche I doubt not but yée haue séen longe sythen. Neither was this a newe deuise of theirs to please the king with al, or their opinion onely, but it was and is the iudgement of the moste learned Cyuilians and Canonystes, that, when the Cleargie are faultie or negligent, it apperteyneth to [Page] the Emperour to call generall councelles for the reformation of the Churche causes, as Philippus Decius a famous Lawyer affirmeth. And the Glossator vppon this Canon Principes, affirmeth that the Princes haue iurisdiction in diuers sortes within Cons. 1 [...]1. the Churche ouer the Cleargie, when they be stubbourne, ambitious, subuerters of the faith, falsaries, makers of Schismes, contemners of excommunication: yea also wherein so euer, the Ecclesiasticall power faileth or is to weake as in this Decree. He meaneth where the power of the Churche by the woorde of doctrine preuaileth not, therein must the Princes authoritie and iurisdiction take order for that is the plaine prouiso in the decrée. The woordes of the decree are as followe. The seculer Princes haue oftentimes within the Churche the highest authoritie, that they may 23. q. 5. fence by that power, the Ecclesiasticall discipline. But within the Churche the powers (of Princes) shoulde not be necessary, sauinge that, that thinge whiche the Priestes are not able to dooe, by the woorde of doctrine, the power (of the Prince) may Ther is diuers reedinges: Imperet or Impetret. commaunde, or obtaine that, by the terrour of discipline: The heauenly kingedome dooth oftentimes preuaile or goo forwarde by the earthly kingedome, that those whiche beinge within the Churche doo against the faith and discipline, may be brought vnder by the rigour of Princes: and that the power of the Princes, may lay vppon the neckes of the proude, that same discipline, whiche the profite of the Churche is not hable to exercise: and that he bestowe the force of his authoritie, whereby to deserue woorship. Let the Princes of the worlde well knowe, that The Princes shal geue an accōpt to God, for the Church, and the discipline thereof. they of duety shall rendre an accompte to God for the Churche, whiche they haue taken of Christe to preserue. For whether the peace and discipline of the Churche be encreased by faithfull Princes, or it be loosed: He doth exact of them an accompt, who hath deliuered his Churche to be committed to their power. To this effect also writeth Petrus Ferrariensis, a notable learned man in ye Lawes, saying: In form. libell. quo agitur ex subst. in verbo ex suo corpore. Thou ignorant man, thou oughtest to know that the Empire (the Emperour) ones in times past, had bothe the swoordes, to witte, bothe the [Page] Temporall and Spirituall, in so much that the Emperours then bestowed all the Ecclesiasticall benefices thorough the whole worlde, and more, thei did choose the Pope, as it is in C. Adrianus dist. 63. And ye same Petrus in an other place, saith thus: Marke after what sorte and In form. respōs. con. ad verb. tā q̄ publ. ex com. n. 10. 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 ye 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 yt: In solo Principe omnis est potestas: in the Prince alone is al power, and thereto auoucheth this saying of Speculator, In repetit. lect. de Christ. Ciuitatis Aristocra [...]ia. 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 ye 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 ye 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 [...]. q. [...]. for the Prince, some whiles to determine those thinges whiche concerne the Church, least the honesty of the mother (he meaneth ye 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 [Page] 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 The king is to be obeied in Ecclesiastical causes, and not the Pope. 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 [Page] 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. L. Quicunque: De Epis. & Cler. 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 [Page] 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 [Page] [...] [Page] [...] [Page] [...] [Page] [...] [Page] purge him selfe before the Emperour Valentinian. Can. Mandastis. So also Iohn. 22. Bishop of Rome was compelled by meanes of the The Pope an heretike compelled to recāte before the Frenche kinge. 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 Braughtō. lib. 1. cap. de Papa. Archiepiscopis & alijs praelatis. 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 [Page] 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: [Page] 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 the same order of gouernmente, hath beene claimed and put in vre by the Emperours, and allowed, and muche commended by the whole number of the Catholique Bishops. I haue made plaine proufe hereof, by the continual practise of the like Ecclesiasticall gouernment, claymed and vsed by the Kinges and Princes, euen vntill the time, that you your selfe did allowe, confesse, and preache the same many yéeres togeather: All whiche, to your more contentaci [...]n herein, I haue prcoued by those Histor [...]ographers, that wrote not onely before the time of Martyn Luther, leaste ye [Page] might suspect thē of parcialitie against you: but also suche in deede, as were for the most parte partial on your side, or rather wholy addicte and mancipate to your holy Father: as, Platina, Nauclerus, Abbas Vrspurgensis, Sabellicus, Aeneas Syluius, Volateranus, Fabyan, Polychronicon, Petrus Bertrandus, Benno Cardinalis, Durandus, Paulus Aemylius, Martinus Poenitentiarius, Pontificale, Damafus, Polydorus Virgilius, &c. all your fréendes, and whom you may trust, I warrante you, on their woord, beynge the Popes sworne Vassalles, his Chapplaynes, his Cardinalles, his Chamberlaynes, his Secretaries, his Library kéepers, his Penitentiaries, his Legates, his Peterpence gatherers, his sworne Monkes and Abbottes, as well as you, and some of them Popes them selues, whiche, your freendes say, can neither lye, nor erre from the trueth. And besides all these, the sowre pointes of your issue, accordinge to your requeste, proued at large, for the better redusinge of you from wilfull and malicious ignorance, to knowe and acknowlege ye inuincible trueth hereof: I haue added to your Peticion, a fifte pointe, whiche you terme a woorke of Supererogacion. For, to confirme my proufes with all, I haue producted for witnesses, your best learned although otherwise Papishe, Ciuilian and Canon lawyers, who haue deposed directly on my side againste you: Namely D. Tunstall, D. Stokesley, D. Gardiner, D. Boner, D. Thirlbee, D. Decius, the Glossares vppon the Lawe, D. Petrus Ecrrariensis, D. 10. Quintinus: to whome I might adde the Ciuilians and Canonistes that were in or towarde the Arches in the latter ende of kinge Henry, and all the time of kinge Edwarde, with all the Doctors & Proctors of or towardes the Arches at this time. Wherfore you will now I trust, yéelde herein, & reken your selfe well satisfied, take vpon [Page] you the knowledge hereof, and to be ready to testify the same vpon a booke othe, for so haue you promised.

M. Fekenham.

The seconde chiefe pointe is, that I must vpon a booke othe, not onely testifie, but also declare in my conscience, that The secōde pointe. the Queenes Highnesse, is the onely Supreame gouernour of this Realme, asvvel in all Spiritual or Ecclesiastical thinges or causes, as Temporal. But vpon a booke othe to make any such declaration in conscience, it may not possible be vvithout periury, before that a mans conscience be persvvaded thereunto: and therefore (my conscience beynge not as yet persvvaded thereunto) I cannot praesently vvithout most plaine and manifest periury, receiue this Othe.

The B. of Wynchester.

As there is no difference in matter betwixt these two Propositions, I Testifie in cōscience, and I Declare in conscience, althoughe to séeme subtile, you woulde haue the simple conceiue, by way of amplification much diuersitie: Euen so this which yée call the Seconde chiefe pointe, varieth no whitte in matter from the first, and therfore my former answeare serueth to them bothe, if ye will néedes make two in shewe, of that in very deede is but one.

M. Fekenham.

And for the persuation of my conscience in this matter, I shall againe ioyne this issue vvith your L. That if your L. or any other learned man of this vvhole Realme, shalbe able to proue, that our Sauiour Christe in his Ghospell and Testament, did committe the supreme gouernement of all Spiritual and Ecclesiastical causes in his Church, not vnto his Apostles, beynge Bishoppes and Priestes, but to Emperours and Empresses, Kinges and Queenes, beinge for the vvhole time of Christes abode here vppon the earthe, Idolatours and Infidelles, [Page] and so continued for the space of. 300. yeeres after the Assention of Christe: Constantine the Emperour beynge the Constātine the firste Emperour that did ioigne his svvoorde to the maintenance of God his vvoorde. Act. 20. very first Christian Kinge, that vve reade of: vvhen your L. shalbe hable to prooue this, eyther by sentence or halfe sentence, vvoorde or halfe vvoorde, of Christes Ghospel and last Testament: Then I shall yeelde in this seconde poynte, and vvith most humble thankes, thinke my selfe vvell satisfied in conscience. And vvhen your L. shalbe hable to prooue, that these vvordes spoken of the Apostle Paule at Miletum, vnto the Bishoppes of Ephesus: Attendite vobis & vniuerso gregi, in quo posuit vos Spiritus Sanctus Episcopos, regere Ecclesiā Dei, quā acquisiuit Sanguine suo: Take heede therefore vnto your selues, and vnto the vvhole flocke of Christe, vvherof the holy ghost hath appoincted or made you Bishoppes, to gouerne and rule the church of God, vvhich he hath purchased vvith his bloud. VVhan your L. shalbe hable to proue, that these vvoordes do not make so full and perfecte decleration, that the holy ghost had so appoincted all spiritual gouernemēte of Christes flocke vnto Bishoppes and Priestes: But that Kinges, Queenes, or Princes, may haue some parte of Spirituall gouernment vvith them, or rather take the Supremacy and chiefe parte of Spirituall gouernment from them: I shall then yeelde, and thinke my selfe in conscience vvell satisfied, touchinge the saiynge of S. Paule.

The B. of Wynchester.

That our Sauiour Christe hath committed, the Supreame gouernment in al Spiritual or Ecclesiastical causes, to the Magistrates and Princes, is already prooued, by perfecte woordes & whole sentences of Christes Ghospel, and last Testament: & therfore if your stay hitherto, hath bene of cōsciēce vnpersuaded through want of knowledge, & not of peruerse opinion, mainteined with ye vaine disyre of glory and reputacion, you must needes yeelde, & be well satissied in conscience. You auouche this argument as inuincible. The Emperours & Empresses, Kinges & Queenes, were for the whole time of Christs abode [Page] here vpon the earth, idolatours, and infidels, and so continued by the space of. 300. yeeres after the Assension of Christ: Constantinus the Emperour beinge the very firste Christiā king that we reade of, Ergo, our Sauiour Christ did not committe the supreme gouernement in Spiritual or Ecclesiastical causes to Emperours, kings, & Princes. This argument holdeth good, neither in mater nor yet in forme. There was in the time of Christes aboade here vpon earth, if we may may beleue Eusebius and Nicephorus the Nicep. li. 2. Ecclesiasticall historians, a king in Edessa, whose name was Agbarus. This king beleued in Christe, as Eusebius reporteth, Li. 1. ca. 13. although as yet weakely. In his epistle which he wrote vnto Christe, he saluteth Christe, to be Iesus the good sauiour: he thinketh by ye miraculous workes, which he hath herde doon by Christe, that he is either God hym selfe, or els Goddes sonne: and he offereth vnto Christe suche fruites of thankefulnes, as so yonge and tender a faithe, might for the time, bring forth. And Christ in his rescript vnto 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 [Page] 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 antecedēt of your argument is disproued. Neither is that true, whiche you put in the seconde part, that the Emperours and kinges, cōtinued idolatours for ye space of. 300. yeres after Christꝭ 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 Li. 6. ca. 34. 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 Lib. 1. De vit. Const. 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 re [...]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 s [...]uer is r [...]quisit for a Christian Congregation▪ Polidor [...] in his history of Englande, affirmeth also of this Lib. 2. Emperour, that he studied aboue all other thinges to encrease [Page] 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 cōparable 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 dominiō.

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 Lawe [...], was any [Page] thing offended with the kinges doinges, but greatly cō mending him therein, coūcelled 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 iudgemēt 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 protectiō 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 [Page] 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 cōsiste in thee, and thou shalt lese the name of a king, whiche God forbidde. Almightie God geue vnto you, so to rule your kingdome of Brytany, that ye may reigne with him for euer, whose vicar ye are in the kingdome aforesaide. VVho with the father. &c.

Thus it is made manifest, that bothe your argument faileth in truthe of matter, and you your selfe were beguiled through ignorance, by wante of reading. But put the case that your antecedent were true, yet is it a faulty fallax made à dicto secundum quid, ad simpliciter, and the consequent followeth not, for that there is more conteined in the conclusion, than the antecedent doth comprehende, whiche is suche an euill fauoured forme of argument, that yonge studentes in the scholes would be ashamed thereof. The Donatistes made the like obiection against the catholique fathers, wherto S. Augustine maketh this answere. The state of the Apostles time, is otherwise to be thought of, than this time, al thinges must be doon in their time: In Epist. 50. the Apostles time, this prophecie was yet in fulfilling: wherfore do the Psalm. 2. 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 [Page] 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, Psalm. 71. will say that Kinges ought not to haue a speciall regarde for the Churche of Christe, and all manner godlines amongst their subiectes? You frame an other reason vpon S. Paules woordes vnto the Bishops of Ephesus: whereby to prooue, that all gouernement in spirituall or ecclesiastical causes, belongeth to Bishoppes and Priestes, and not to Princes, and Ciuill Magistrates, thus you argue: The holy ghost appointed all spirituall gouernement of Christes flocke vnto Bishops & Priestes, as the woordes spoken by S. Paule, doo make full and perfecte declaration: Ergo, Kinges, Quéenes, and Princes, may not claime or take vpon them any parte of Spirituall gouernement, much lesse take the supremacie, and chiefe parte of spirituall gouernement from them. For answeare, I denie this argument, for it is a naughty and deceiptfull Sophistication, called, Fallacia aequiuocationis. There is equiuocacion in this woorde (Priestes) and also in these woordes to gouerne and rule the Church of God. This woorde Priest, hath diuerse significacions which are to be obserued: least the simple readers be confirmed or brought into errour thorough the equiuocation therein. The Scripture speaketh of a priesthood after the order of A [...]ron: after whiche order you will not confesse the Apostles, [Page] and the Bishoppes their successours to be Priestes, an other kinde of Priesthoode is, after the order of Melchisedech, and Christe onely without any successour in y• Priesthood, Hebr. 7. was the alone Priest of that order. The thirde kinde is an holy and princely Priesthood, of the which order not onely the Apostles and their true successours, but also Kinges, Quéenes, Princes & al manner of faithfull Christians are Priestes. There is in cōmon opinion amongst the Papistes, a fourth kinde, which is a massinge & sacrificing priesthood: after which order, Christes Apostles, & the true mynisters of his Church were neuer priests: for ye order belongeth onely to ye Apostolical Clergy of ye Romishe Antichrist. Yf your meaning therfore be, ye 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, yt I doo therin but follow ye vsuall, & accustomed kinde of speache which is impropre although in longe vse. Likewise to gouerne and rule the Church of God: is of twoo kindes & sortes, the one is by y• supreme authority & power of the swoorde, to guide, care, prouide, direct & ayde Gods Church, to further, mainteine & setfoorth the true Religion, vnitie & quietnes of Goddes Churche: & to ouersée, visit, refourme, restraine, amende & correct all manner persones, with all manner errours, superstitions, heresies, schismes, abuses, offences, contēptes & enormities in or about Gods Churche. Which gouernment & rule apperteineth onely to Kinges, Quéenes, and Princes, and not to the Apostles Bishops and Priestes: wherof S. Paule speaketh nothinge at al in this sentence by you alledged to the Bishops of Ephesus. The other sorte is to féede the flocke of Christ with the Spirituall foode of [Page] 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 yt expresse woordes of ye sentence auouched, & also by the whole circumstaunce of the same place. The woorde ye 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 ye Ephesians & also expoū ding Cap. 4. Act. 24. this same place of the Actes of ye Apostles, vt pascatis Ecclesiā, to feede the Church. S. Peter making the like exhortation, to this of S. Paule, to the Bishops dispersed, vseth ye selfe same woorde, saying: Pascite quantū in vobis est gregem Christi: Feede so muche as you may, the flocke of Christ. Christ him selfe also teachinge Peter, & all other Bishops, what manner of rule & gouernment, as properly geuen them by Gods woorde, they should haue in ye Church, doth expresse it, with ye selfe same woorde, saying: Pasce agnos meos, feede Ioan. 21. my Lābes. To rule & gouerne the L. household faithfully and prudently, Christ expoūdeth to be nothing els in general, thā to geue meate vnto his family in due season. Neither Math. 24. did our sauiour Christ geue other power, authority or cō missiō vnto his Apostels, & so to al other Bishops as properly belonginge and onely to the Bishoply office, then this: As my Father sente me, so I sende you, receiue the holy ghost, Ioan. 20. whose sinnes yee remit, they are remitted, whose sinnes yee retaine, they [Page] are reteyned, goo therefore and teache all nations, Baptizinge them in Math. 28. the name of the Father, and of the Sonne, and of the holy Ghost: teachinge them to obserue all thinges, that I haue commaunded you. So that the Bishoply rule and gouernment of Gods Church, consisteth in these thrée pointes, to feade the Church with Goddes woorde, to Mynister Christes Sacramentes, and to binde and lose: all whiche thrée partes, Christ comprehendeth vnder this one saying: to geue meate to the Lordes family in due season. And S. Paule in these woordes, to feede the Churche of God. The circumstaunce of the sentence whiche you alledged foorth of the Actes, doth also shewe in the example of Paule him selfe, who was inferiour to none of the Apostles, and Churche mynisters in any point, that he claimed or tooke vppon him none other rule or gouernment, than of féedinge Goddes Church with the spiritual foode of the Ghospell. He setteth foorth the execution of his owne office, and by that example moueth the Bishoppes of Ephesus to the like, sayinge: I haue serued the Lorde with all humblenes of minde: I haue leaft nothinge vndoone, that might be profitable to you: but I haue declared and taught you openly and priuely the repētaunce and faith in God, and Iesus Christe. I receyued an office of mynistery from the Lorde Iesus, to testifie the ghospell of Gods grace and to preach the kingdome of God. I haue hidden nothinge of Goddes councell from you. Take heede therfore to your selues, and to Christes flocke (as I haue doone) whereof the holy Ghost hath appointed you Bisshoppes (as he did me) to feede the Churche of God, (as you knowe and sée that I haue done). This that you call to gouerne and rule, was with Paule to serue with lowlines, to mynister with watchefulnes: to preache, teache and testifie the Ghospell, and the kingedome of God publikely and priuately, and to shewe, to the flocke all the Councell of God, touchinge their saluation, keepinge nothinge thereof backe from them. To gouerne the Churche of God after this sorte belongeth to the onely office of Bishoppes [Page] and Churche mynisters, and not to Kinges, Quéenes and Princes, who may not, neither doo, clayme or take vppon them, this kinde of spirituall gouernment and rule, or any part thereof with the Bishops, neither doo they take the supremacy and chiefe parte of this spirituall gouernement from the Churche mynisters. As contrary wise the Churche mynisters, ought not to claime and take vppon them the supremacy of gouernement, as the Papistes of longe time haue doone from Kinges, Quéenes, and Princes.

M. Fekenham.

And vvhan your L. shalbe hable to prooue that these vvoordes of the Apostle Paule, and by him vvriten in his Epistle vnto the Hebrevves: Obedite praepositis vestris & subiacete Heb. 13▪ eis, ipsi enim peruigilant, quasi rationem pro animabus vestris reddituri, vt cum gaudio hoc faciant, & non gementes. Doo yee obey your spirituall gouernours, and submitte your selues vnto them, for they watche, as men whiche muste geue accompt for your soules: that they may doo it with ioye, and not with griefe. VVhan your L. shalbe hable to proue, that these vvoordes vvere not vvriten of the Apostle Paule, asvvell for all Christian Emperours, Kinges and Queenes, as for the inferiour sort of people, than shall I in like maner yelde touchinge that text of Paule, and thinke my selfe very vvell satisfied.

The B. of Wynchester.

No man hath or dooth denie, that the Churche mynisters hath to gouerne the flocke by preachinge, and feedinge with the woorde, which is the rule or gouernment, that Paule speaketh of in this place also: whereto all Princes are and ought to be subiecte and obedient. For this subiection and obediēce, to the woorde of the Ghospel, taught, and preached by the Bishoppes, sittinge in [Page] Christes chayre, whiche is the whole rule and gouernement they haue or ought to clayme as propre to their callinge is commaunded so well to Princes, as to the inferiour sorte of the people, as you say truely, although your cause is no deale holpen, nor my assertion any whit improued thereby.

M. Fekenham.

And vvhen your L. shalbe hable to proue that these vvoordes of Paule. Mulieres in Ecclesijs taceant &c. Let the wemen 1. Cor. 14. keepe silence in the Churche: for it is not permitted vnto them there to speake: but let them liue vnder obedience lyke as the Lawe of God appointeth them, and if they be desirous to learne any thing, let them aske their husbandes at home, for it is a shamefull and rebukefull thinge for a woman to speake in the Churche of Christe. VVhan your L. shalbe hable to proue, that these vvoordes of Paule, vvere not asvvell spoken of Queenes, Duchesses, and of noble VVomen, as of the meane and inferiour sorte of vvomen: Like as these vvoordes of almighty God, spoken in the plague and punishment first vnto our mother Eue for her offence, and secondarily by her vnto all vvomen vvithout exception, vidꝪ. Multiplicabo aerumnas &c. I shall encrease thy dolours, sorowes and conceyuinges, and in payne and trauayle, Gene 3. thou shalt bringe foorth thy children, and thou shalt lyue vnder the authority and power of thy husbande, and he shall haue the gouernement and dominion ouer thee. VVhan your L. shalbe hable to proue, any exception to be made either in these vvoordes spoken in the olde Lavve by the mouth of God: either in the vvoordes before spoken of the Apostle Paule in the nevv: than I shall in like manner yelde, and vvith moste humble thankes, thinke my selfe very vvell satisfied in conscience, not onely touchinge all the afore alleadged testimonies, but also in this seconde chiefe pointe.

The B. of Wynchester.

I doo graunt the woordes of the holy Scriptures in [Page] bothe these places to be spoken to all states of wemen without exception. But what make they for your purpose, how doo they conclude and confirme your cause? Women muste be silent in the Churche, and are not permitted to speake: That is as your owne doctour Nicol. de Lyra expoundeth it, Women muste not teache and preache the doctrine in the Churche, neyther dispute openly: Therefore our Sauiour Christe did not committe to Kinges, Quéenes and Princes, the authoritie to haue and take vpon them any parte of gouernement in Ecclesiasticall causes. As though a younge Nouice of your Munkishe order shoulde haue argued: Nunnes muste kéepe silence, and maye not speake in the Cloysture, nor yet at dinner time in the fraytry: therefore your deceyuer the Pope did not committe authoritie to his Prouincialles, Abbottes, Priors, and Prioresses, to haue and take vppon them the gouernement vnder him selfe in Munkishe and Nunnishe causes and matters? What man woulde haue thought Maister Feckenham to haue had so litle consideration, although vnlearned, as to vouche the silence of women in the Churche, for a reason to improue the authority of Princes in Churche causes?

M. Fekenham.

The thirde chiefe pointe is: that I must not onely svveare vppon the Euangelistes, that no forayne personne, state or The thirde pointe. potentate, hath or ought to haue any povver or authority Ecclesiasticall or Spirituall vvithin this Realme: but also by vertue of the same Othe, I must renounce all forrayne povver and authorities vvhiche for a Christian man to doo, is directly againste these tvvoo Articles of our Crede. Credo sanctam Ecclesiam catholicam: I doo beleeue the holy catholique Churche. Credo Sanctorum Communionem: I doo beleeue the Communion of Sainctes. And that there is a participation and communion [Page] amongest all the beleeuers of Christes Churche, vvhiche of the Apostle Paule are called Sainctes. Adiuro vos per Dominum 1. Thess. 5. vt legatur haec Epistola omnibus sanctis fratribus. And herin I doo ioyne this issue vvith your L. that vvhan your L. shalbe hable to proue by Scripture, Doctour, Generall councell, or by the continuall practise of any one Churche, or parte of all Christendome, that by the firste article, I beleeue the holy catholique Churche, is meante onely, that there is a Catholique Churche of Christe, and not so that by the same Article, euery Christian man is bounde to be subiect and obedient to the catholique Churche, like as euery member ought to haue obedience vnto the vvhole mysticall Body of Christe. And further vvhen you shalbe hable to proue by the seconde Article: I doo beleeue the Communion of Sainctes, is not so meante, that a Christian man ought to beleeue suche attonement, such a participation and communion, to be amongest all beleeuers and members of Christes catholique Churche in doctrine, in Faithe, in Religion, and Sacramentes, but that it is lavvfull for vs of this Realme therein to dissent frō the catholique Church of Christe dispersed in all other Realmes: and that by a corporall Othe it is lavvfull for vs to renounce, and refuse to haue communion vvith the catholique Churche so dispersed, bicause it is a forrayne authoritie and povver out of this Realme: vvhen so euer your L. shalbe hable to proue this▪ by Scripture, Doctour, Generall councell: or yet by continuall practise of any one Churche, or parte of all Christendome: Than shall I in like manner, yelde in this thirde pointe, and vvith moste humble thankes, shall thinke my seife very vvell satisfied therein.

The B. of Wynchester.

This thirde chiefe point is nothing els, but a misshapened lumpe of woordes: conteininge firste an argument grounded vpon a kinde of Opposition, that no wise or learned man euer redde of, but is newly forged and hammered out of your owne braine: Then, an issue, to haue me prooue that thinge, whiche beinge rightly vnderstanded [Page] no Christian doth doubt of, or will denie. And last of all, an huge heape of flatte and manifest Lies against the whole Realme, to set a good face vpon an euill fauoured cause, whiche can finde no helpe or ease by plain and simple truth. The weighty burden, that you are loden with & can not beare, is that you must by othe renounce all forreine power and authoritie: the cause that maketh you fainte and feble, is, that it is directly against two articles of our Creede: So that your feble reason is grounded after your simple skill vpon the place, ab apositis & pugnantibus. Before I aunswere to the argument, I will put the Reader in remembraunce of the deuision whiche you make, chopping & chaunging one article into twaine, to make some shewe of an heinous matter. Surely it were ouermuche detestable, if you were moued to sweare but against one article of our Crede, as yee were neuer moued by me, either to or fro, to sweare any thing at all. There be three symboles or Credes, whiche haue been allowed and receiued of Christes catholique Churche. The Clemens in compēd. defide. symbole of the Apostles, of the Nicen councell, and of Athanasius. The Apostolicall is so called, bicause it was collected (as some saye) by the twelue Apostles, and therefore conteineth (as the cōmonly receiued opinion is in Christꝭ Churche) according to the nomber of the. xtj. Apostles, but twelue articles, whiche are called in the vsuall speche of the catholique Christiās, the twelue articles of our Crede or beliefe. If this, I beleue the communion of sainctes, be a seuerall article from this, I beleue the holy catholique Churche, as you doo phantasie, then there must needes be at the least thirtene articles of the Crede, contrary to the vniuersally receiued opinion of the catholique Churche. You were wont to staye your selfe much vpon the custome of the catholike Churche, and woulde vrge stifly, although not so [Page] truely the vniuersally receiued opinion of the catholique Churche, as a matter that might not bee reiected, or denied: and howe chaunceth it nowe, that you are become suche a chaungeling, that cleane contrary to the vse of the catholique Churche, whiche acknowledged but twelue, you wil make thirtene articles of the Créede at the least? Besides this, the catholique Churche in the time of Cyprian and Augustine, and before also, did not reken or iudge these to be twoo seuerall articles, but did coumpte them one article, concludinge these woordes, the communion of Sainctes, in this sentence, I beleue a catholique Churche of Christe, recyting the Symbole without rehersall or mentioning, the communion of Sainctes, as it is plainely set foorth by S. Cyprian and Augustine, in their exposicions of the Apostolicall Créede. The mattier meant by the communion of Sainctes, is vttered in these woordes: I beleue an holy catholike Churche of Christ. Whereunto hath been added sence these auncient fathers times, as it may séeme by the way of explication, a communion of Sainctes, to expresse in plainesse of speche, that Christes catholique Churche, is nothing els, but a felowshippe, and communion of faithfull ones, whiche are sainctes. Nowe let vs see howe to sweare, as this thirde chiefe point of the othe setteth foorth, is directly against this article of our Créede, I beleaue the holy catholique Churche, the communion of Sainctes. All true subiectes ought and must renounce and forsake all forraine iurisdictions, powers, superioritie, preheminences and authorities of euery forraine Prince, and Prelate, state or Potentate. This is the proposition of that part of the othe: to the whiche adioyne this proposition, all true subiectes ought and must beleaue, an holy catholique Churche of Christe, the communion of Sainctes. Espy nowe what opposition is betwixt these two propositiōs, y• they may not both matche [Page] together, and be verified in one true and faithful subiecte. The one, say you, is directly against the other. Then saye I, there is a direct opposition & repugnancy betwixt them, by due examination we shall finde out the oppositiō. Trie the partes of these propositions seuerally without the verbe that coupleth them together, and you shall not find any opposition, either contrary relatiue, priuatiue, or disparate: ioyne them together with the verbe that coupleth, & being propositions, they are not one against the other contrary, subcontrary, subalterne nor contradictory, and therfore vntruly, & no lesse vnskilfully babled of you, that the one is directly against the other, when a yong scholer that hath red but the rudimentes of his Logike, could haue séen & iudged, that there is in them no opposition or repugnancy at all. To renounce and forsake Antechrist & his Churche by othe or otherwise, and to beleue in Christe and rightfully to acknowledge his holy catholique Churche by all maner of wayes, stādeth neither directly nor indirectly one against the other, but are matched together & agreeth iumpe one with the other. Surely your eies were not matches, neither were your wittes at home, whan you spied cut this repugnancy, if you had not published this learned piece of worke, your friendes should neuer haue knowē, what an huge heape of conning & knowledge, is hidden in that litle head of yours. The demaunde in your issue is easely proued by the description or definition of Christes true Catholique Churche. The catholique Churche of Christe is a multitude, societie and communion of Sainctes and The diffinâtion of the catholique Churche. 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 [Page] from God through Christ, of spirite, faith, Sacramentes, prayer, remission of sinnes, and heauenly blisse: and are vnited to Christ their head by faith, and fastened togeather amongest them selues, as members of one body with the bond of loue. To this catholike church, euery Christiā man is bounde to bee subiecte and obedient as a member ought, and may be subiect and obedient to the body.

And we doo teache and confesse in this Churche suche an attonemēt, participation, and communion, among all the members in doctrine, faith, Religion, and Sacramēts, that neither this, nor any other Realme, may lawfully dissent from this Churche, or renounce and refuse to haue communion therewith, as God be praised we of this Realme doo nowe shewe our selues by al Christian meanes, neuer more at any time, to agree and consent in the vnitie of this catholike Churche, in necessary doctrine, right faith, true Religion, and the right vse of Christes Sacramentes. The foule lies that you heape together, wherewith shamefully to defoyle your owne neast and natiue countrey, neadeth none other confutation, than onely to make them playne to be seen and iudged of all men, that the Realme may be sory, that euer it nestled so vnnatural and filthy a byrde, and your friendes ashamed of so malicious and impudent a L [...]ar. This is a lewde Lie, that this Realme dissenteth from the catholike Church in the forenamed pointes. This is a shameful Lie, that by corporal othe or any other wayes, we renounce and refuse to haue communion with the catholike Churche of Christe. And this is a monsterous Lye, that the catholike Churche is a foraine authoritie and power out of this Realme. Who was euer so madde, as ones to thinke, or so doltishe as to speake any thing against the catholike Churche, but specially to forsake it, and that bicause it is a foraine power [Page] 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 The fourth pointe. and our soueraigne Lady that novv is, but also vnto her heyers and successours Kinges and Queenes of this Realme. And bicause euery Christian man ought to be carefull to auoide periury therein, I vvoulde right gladly knovve, that if any her highnes successours shoulde by the refusall of the saide title of supremacy, binde her subiectes by the like statute lavve vnto the cleane contrary (experience vvhereof vvas of late made here in this Realme) that it is yet freshe in the memories of al men: In this case I vvoulde right gladly knovve, vvhat authoritie is hable to dispence againe vvith this Othe. And if there be none at all, then the subiectes of this Realme in this case are bounde and that by booke Othe, to liue in a continuall disobedience to the Lavves of their soueraigne Lorde or Lady, Kinge or Queene: the case vvherof is very Lamētable. And Christian charitie vvoulde, that it should be foreseene and prouided for. And for mine ovvne pa [...]te being further touched herein than I haue yet expressed) my very trust and hope is, that the charity of this our nevv refourmed church here in this realme, shal not be foūde so colde and short, as in prouiding so sharpe lavves, [...]nd paines of death to force men to take this Othe, of the Q. [Page] Highnes Supremacie, but that it vvil prouide also such meanes and vvaies, vvhereby the subiectes may receiue the same vvith salfe conscience, and vvithout all per [...]ury. And in so doynge, I shall moste vvillingly submitte my selfe, and receiue also that parte of the Othe. And shall further thereupon set foorth the Q. Highnesse Supremacy vvith all Titles and Praeroga [...]iues, bothe by penne and vvoorde of mouth, and that vvith as desirous harte, and glad vvil as any subiect that is this day liuinge in hir highnesse Realme. So that of the premises ye may vvell vnderstande, that there is in me no other cause of sta [...]e, touchinge the later parte of this Othe, then very Conscience. And that I vvoulde before right gladly knovve (touching these forenamed pointes) hovve I mighte svveare vnto them, and not committee periury therein.

The B. of Wynchester.

As euery Christian man ought to be carefull to auoide Periury both in this & al other matters: euen so wise men may wel knowe what you meane by the conditional case ye put, of the refusal by hir highnesse Successours of this Title: whereto the Holy Ghost maketh you this plaine answere: Spes Hypocritae peribit: The Hypocrites hope shall perish. Iob. 8. You sprinkle this doubtful case, with a powder of late experience, which seasoneth your matter, De facto, non de Iure. For it is not lawful for any christiā Prince to refuse this Supremacy, which is the hest part of his princely Ministery, & seruice vnto God. Neither may he more binde his subiectes by lawe to become sworne to the Pope and Popery, than to the great Turke and Turkery. For that the Pope is a more perillous ennemie vnto Christe, than the Turke: and Popery much more Idolatrous, then Turkery. And therfore there is no humaine authoritie, that can dispēce with the violation of this lawful Othe, made of duety vnto the Christian Prince.

This is a lamētable case I graunt, that subiectes should [Page] lyue in cōtinual disobedience to the Lawes of the Prince, whether it happen for that the Lawes be so vngodly, that a Christian subiecte may not with good conscience obeye them (experience whereof was of late made here in this Realme.) Or for that the stubbornesse of the subiect mainteyned with a wicked, and yet a vaine hope, be so stiffe, that wilfully he lyueth in a continuall disobedience to the Godlye lawes of his soueraigne, whereof experience is made nowe at this time in you, and a fewe others of your conspiracy. There is good cause, why yee shoulde haue your very trust and hope (as you say yee haue, howe vngratiousely so euer yee thinke) assured of the charitie of our Churche newly refourmed after the rule of Goddes woorde, wherat yee Popishe swyne grunte & groyne. For you, in your owne selfe, haue perfecte experience, that the Supreame gouernour vnder Christe of this Realme, folowinge the example of hir heauenly Father, dooth bountifully, of hir goodnesse, with muche more pacience, and longe sufferinge, allure you to dutifull repentance. And hath further prouided sundry meanes and wayes, whereby to remoue your wilfull ignorance, and to endue you with sufficient knowledge of the trueth, howe ye mighte with salfe conscience receiue this dutifull Othe of a true subiecte, without all periury.

M. Fekenham.

HERE folovveth the Resolutions of the aforesaide Scruples, made by my L. Bishop of VVinchester.

For a resolute ansvvere to all the saide Scruples, expressed in the forenamed poinctes, his L. saide, that he did muche lamente, that the right meaninge of the Othe, had not beene in season opened and declared vnto me, vvhan the onely lacke of [Page] the right vnderstandinge thereof, hath beene the cause of such staies and distourbaunce of conscience. VVhereas the Q. Maiesties meaninge in that Othe, is farre othervvise than the expresse vvoordes are as they Lie Verbatim, like as it doth vvell appeare by her Highnes interpretacion made thereof in her Iniunctions. Thereunto my obiection vvas, that vndoubtedly her Highnes did fully meane and minde to clayme and take all spirituall gouernement vppon her: for besides the expresse vvoordes of the Othe, vvherunto al men be bounde to svveare Verbatim▪ as they, Lie vvithout all chaunge and alteracion makinge of any vvoorde or sense thereof, her highnes (in the Interpretacion set foorth in her Iniunctions) doth by very plaine vvoordes, clayme the same spirituall gouernement here in this Realme of the Church of Englande, that her Highnes Father Kinge Henry, and her brother Kinge Edvvarde did enioye and clayme before her: in the vvhiche Iniunctions, and in the late Acte of Parliament also her Highnes dooth clayme no more spirituall gouernement, nor no lesse, but so muche in euery pointe as they had vvithout all exception. For ansvveare his L. did still continue in the deniall thereof, and that her highnes meaninge vvas not to take so muche of Spirituall authoritie and povver vppon her, as they did: vvith affirmacion that he did moste certainely and assuredly knovve her Highnes minde therein. Then for some issue to be had of this matter, seeynge that the meaninge of the Othe, is not as the expresse vvoordes doo purport. And seeynge that his L. did so vvell vnderstande her Highnes meaninge therein, and thereby the very right sence thereof, I besought him that his L. vvoulde take some paines for truethes sake to penne the same: vvhereuppon his L. did penne and vvrite the interpretation of the saide Othe, as hereafter follovveth. I. A. B. do vtterly testifie and declare in my conscience, that the Q. Highnes is the onely Supreme gouernour of this Realme, and of all other her Highnes dominions and countreis, asvvell in all Spirituall or Ecclesiasticall thinges or causes, as Temporall. That is, to haue the soueraignty and rule ouer all manner personnes, borne vvithin her Realmes, dominions, and countreys of vvhat estate either Ecclesiastical or Tēporal so euer they be. And to haue authority and povver to visit the Ecclesiasticall estate and personnes, to refourme, order, and correct the same: [Page] and al maner errours, heresies, schismes, abuses, offences, contemptes, and enormities. Yet neuertheles in no vvise meaning that the kings and Queenes of this. Realme, possessours of this crovvne, may challēge authoritie or povver of ministerie of diuine offices, as to preache the vvord of God, to minister Sacramentes or rytes of the Churche appointed by Christ to the office of Church ministers, to excōmunicate, or to binde, or lose. Of the vvhich fovver pointes, three belong only to the Ecclesiastical ministers, the fourth is commen to them vvith the congregation, namely to excōmunicate. And that no forain Prince Persone, Prelate, State or Potentate, hath or ought to haue, any Iurisdiction, Povver, Superioritie, preheminence, or authoritie Eclesiastical or Spiritual, vvithin this Realme. And therefore I doo vtterly renounce al forein iurisdictions, povvers superiorities, proheminences and authorities: That is, as no Secular or Laie Prince, other than the kings or Queenes possessours of the crovvne of this Realme, of vvhat title or dignitie so euer they be, hath or ought to haue, any authoritie, soueraintie, or povver, ouer this realme, ouer the Prince or subiectes thereof. Euen so no maner of forein Prelate or persone Ecclesiastical, of vvhat titlie, name, so euer they be, neither the sea of Rome, neither any other sea, hath or ought to haue vse, enioy, or exercise, any maner of povver, iurisdiction, authoritie, superioritie, preheminence, or priuilege Spiritual or Ecclesiastical vvithin this Realme, or vvithin any the Q. Highnes dominions or coūtreis. And therfore, al such forein povver vtterly is to be renounced, and I doo promise, &c. Vt sequitur in forma iuramenti.

The B. of Wynchester.

These that ye terme Resolutions, are none of mine, they are lyke him that forged them, false, feigned, & malitious. They be your owne, either ye could not, or yée were ashamed to adioine my answeres to your séely obiections, and therfore ye feigned me to vtter for resolutions, your owne peuish cauillatiōs. This report is false, that I shuld affirme ye Queenes Maiesties meaning in that othe to be far otherwise then the expresse wordes are as lye Verbatim. [Page] 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 [Page] to be meant without exception. For if ye excepte or take away any thing, it is not all. And you your selfe tooke my m [...]aning to be thus. For ye chalenge me in your seconde chiefe point, and call for profe hereof at my hand, whiche ye woulde not doo, if it were not mine assertion & meaning. For why should I be driuē to proue that which I affirme not, or meant not. Besides these in your whole trauaile folowing, ye labour to improue this (as you say) mine assercion, to wit, that all Spirituall iurisdiction dependeth vpon the positiue Lawe of Princes: If this bee mine assercion, as ye affirme it is, and therefore bende all your force to improoue it, ye witnes with me against your selfe, that I declared her Maiesties meaning, was to take neither more nor lesse authoritie, and iurrsdiction, vnto her selfe, than kynge Henry and kinge Edwarde had, for they had no more than all. And if her Maiestie take any lesse, she hath not al. Touchinge therefore these false, feined, and sclaunderous resolucions, as they are by you moste vntruly forged: euen so, whether this bee likely, that in a yeres space welnigh, I would not in all our daily conference, make one reason or argument, out of the Scriptures or other authoritie, in the maintenaunce of mine assercion: and to resolue you in the same, I referre to the iudgement of all the Papistes in the Realme, that knowe both me and you. Againe, though ye doo denie that I so did, & therefore do report none, there bee many both worshipfull and of good credit, yea, and some of your owne déer friendes also, that are witnesses of our talke, & can tell what reasons I haue made vnto you, bothe out of the Scriptures, and other authorities and proofes out of the Churche histories, suche as ye coulde not auoide, but were forced to yelde vnto. And whether I should so doo or not, I might referre me vnto the testimonie of your owne [Page] mouthe, both than and sithen spoken to diuerse, that can witnesse ye same, that ye affirmed this (although vntruly) that you neuer found any, that so muche ouerpressed you, as I did, whiche your saiyng, although most vntrue, yet it showeth, that somewhat I said to confirme mine assertion and to confute yours.

M. Fekenham.

Hereunto I did make this obiectiō folovving. These vvorde of the first part of the othe, I. A. B. doo vtterly testifie and declare (in my cōscience) that the Q. highnes, is the only supreme gouernour of this Realme, as vvel in al Spiritual or Ecclesiastical thinges or causes, as Temporal▪ (Besides the particulers expressed in your L. interpretation made thereof) they doo by expresse vvordes of the acte geue vnto the Queenes highnes, all maner of iurisdictiōs, priuileges, and preheminēces in any vvise touching and concerning any concerning any Spiritual or Ecclesiasticali iurisdiction vvithin the Realme, vvith an expresse debarre, and flat denial made of al Spiritual iurisdictiō vnto the Bishops thereof, to be exercised ouer their flockes and cures, vvithout her highnes Speciall commission to be graunted thervnto: They hauing by the expresse vvorde of God, cōmission of Spiritual gouernment ouer them, commission to lose and bind their sinnes. Commission to shut and opon the gates of heauē Act. 20. Ioan. 20. Math. 16. Act. 8. to them. Commission to geue vnto them the holy ghost by the impositiō of their hādes. And thei hauing by the expresse vvord of God such a daungerous cure and charge ouer their soules, that God hath threatned to require the bloud of suche as shall perishe at their handes. Notvvithstanding, these and many Heb. 13. Ezech. such other like commissions graunted vnto them for the more better discharge of their cures, and that by the mouth of God, they may not exercise any iurisdiction ouer them, they may not visit them, they may not reforme them, they may not order nor correct them, vvithout a further cōmission from the Q. highnes. Surely my good L. these thinges are so straunge vnto me, and so contrary to all that I haue rede, that I am not hable to satisfie my conscience therein. Youre L. aunsvver vvas, that for as muche as all Spirituall iurisdiction, and [Page] authoritie to make Lavves, and to iudge the people in courtes Ecclesiasticall, to visit them, to reforme them, to order and correct them, doth depende onely vppon the positiue Lavves of Kinges and Princes, and not vpon the Lavve of God. Therfore neither did the Apostles of Christe, neither the Bishoppes and their successours may, exercise any iurisdiction vpon the people of God, iudge thē, visite them, refourme order and correct them vvithout authority and commission of the King and Prince.

The B. of Wynchester.

It is very true, that after yée had quarelled muche in sondry thinges touchyng woordes and termes expressed in the Act of Parliament, and in the interpretation of the Othe: Yée did neuerthelesse finally agrée in the whole matter thereof, finding onely doubt in one pointe of mine assertion, namely touchyng iurisdiction Spirituall or Ecclesiasticall, all whiche you affirmedcon, trary 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 Ioan. Antonius Delph. lib. 2. 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 [Page] 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 [Page] 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 [Page] 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 ye 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 [Page] 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 cōmission or letters patentes vnder the great Seale of Englande. If yée will hereof inferre that bicause the Princes haue by vertue of the acte, full power and authoritie to name, assigne, and authorise any person whome they shal thinke méete to exercise, vse, occupy, and exequute vnder them, all manner of iurisdictions, priuileges and preheminences in any wise, touchinge or concerning any Spirituall or Ecclesiastical iurisdiction with in their dominions or countreies: Therefore all manner iurisdiction is in the Prince to be exercised, vsed, occupied, and exequuted by them: for otherwise you will say, the Princes cannot geue and committe to others, that which they haue not receiued and is not in them selues. Your argument is easily answeared in fewe woordes: it is a foule Sophistication, a secundum quid ad simpliciter. These woordes of the Acte, all manner, in any wise, are restrained and bounded, within the limites of the gifte: where you of purpose, to beguile the simple with all, doo let them runne at lardge, and sette them foorth as méere and simple vniuersalles without any limites at all. The Act geueth or restoreth to the Prince iurisdictions, priuileges, superiorities, and preheminencies spirituall & Ecclesiasticall, but it addeth this Limitacion suche as by any Spirituall or Ecclesiastical power or authoritie hath heretofore béene, or may lawfully be exercised or vsed. And for [Page] 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 ye 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 ye Act, you know right wel: ye were also at sundry times put in minde thereof, and you were wel assured, that your alleaging ye 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 [Page] least, to make both Prince and the Lawe odious vnto the simple subiectes. The Bishoppes haue by the expresse woorde of God, commission of Spiritual gouernmēt ouer their flock, that is, to féede the flock of Christ, committed to their charge, with Gods holy woorde, as I haue declared before. Thei haue commission to absolue the faithfully penitent, and to reteine or binde the impenitent: that is, to declare and assure both the one & the other by the worde of the Gospel of Gods iudgement towardes them. What wil ye inferre hereof? will ye cōclude therfore, they haue all maner of spirituall gouernement or iurisdiction ouer them? Yonge Logicians knowe, this is an euell consequent, that concludeth vpon one or diuerse particulers affirmatiuely an vniuersall. Thus ye argue, Bishoppes by the expresse worde of God, haue commission to preache to their cures, to remitte or reteine synnes. Ergo, they haue commission by the expresse woorde of God, to Sommon councels, or Synodes generall or prouinciall, to visite: that is, iudicially sitting in iudgement, to enquire of mens manners, and forinsically to punishe or correct, and to decide the controuersies amongest the people: touching contractes of matrimony, whoordome, tyethes, sclaunders &c. and to ordeine decrees, Lawes, ceremonies, rites, &c. If this conclusion followe consequently vpon your antecedēt, than doth it ouerthrowe the doctrine of your Romishe diuinitie, whiche graunteth not to the Bishoppes immediatly from God this power, without a speciall commission from the Pope, in whome onely, as the Papistes saye, is fulnes of iurisdictiō and power. But if this conclusion followe not consequently vpon the antecedent, as a man more than halfe blynde, may plainely see, it doth not: than haue ye concluded nothing at all by Christes diuinitie, that may further the matter yee haue [Page] 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 Act. 8. no suche commission, neither any other place of the holy Scriptures. The Bishoppes haue so daungerous a cure and chardge ouer the soules committed vnto them, that God will require the bloud of those that perishe (thorough their negligence) at their handes: and therfore hath geuen them sufficient commission for the dischardge of their cures. It were therefore an horrible absurditie, if they might not exercise any Iurisdiction ouer thē: if they might not visit, refourme, order and correct them, by that commission without a further commissi [...]n from the Q. highnes. But doo yée not perceiue, which the most simple may sée, whereof also yée often were admonished by me, your warblinge slaight, and Sophisticall quarellinge in equiuocation of woordes & termes? As there are twoo sortes of Iurisdiction, whereof the one not Cohibityue, properly belongeth to the Bishoppe whiche he may and ought to exercise ouer his flocke, without any other commission than of Christ: so to visit, refourme, order and correct, are of twoo sortes: the one a Scripturely visitacion, reformation and correction by the onely woorde of God, which the Bishoppes may and ought to exercise in time, and out of time, with all possible watchefulnes and diligence without any further commission. The other kinde of visitacion, reformation & correction, is Forinsecall or courtly, whiche I comprehende vnder the seconde kinde of Cohibitiue Iurisdiction, and this the Bishoppe may not exercise without a further commission from the Prince. Wherefore it is ouer foule an absurditie in you to inferre, that the [Page] 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, Exod. 24. Exod. 29. Num. 27.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 Hebr. 10. 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 [Page] 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 Lyra. 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 yt 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 [Page] 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 ye 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 Act. 20. 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. Lib. 1. Hist. Trip. ca. 9.

The B. of Wynchester.

Like as the Apostles had in commission power from [Page] Christe our Sauiour, to whom al power was geuen both in heauen and in earth: so faithfully they executed the authoritie and charge cōmitted vnto them, not seeking their owne honour by vsurpation, but the glory of Christ by the abasing them seles euen vnto the death. Their commission regestred by S. Mathew appeareth in these wordes. Go and teache al the nations, baptizing them in the name of the Father, and of the sonne, and of the holy ghost, teaching thē to kepe all thinges, whiche I haue commaunded you. Howe faithfully they exercised this authoritie according to the commissiō, S Luke sheweth in his Chronicle, called the Actes of the Apostles, and setteth foorth one notable example hereof, in Paules oration, made to the Elders of Ephesus, called to Miletum: He taketh them to witnesse, that he kept nothinge back from them, that might be for their profit, but shewed them all the councell of God. It is much maruaill that Paul shewed al Gods councel vnto them, & yet made no mention of any Forinsecall iurisdiction as geuen them by the commission of Gods worde. The godly Bishops that succeded the Apostles for many yeres after, followed the doctrine and examples of the Apostles, yet neuer exercising iurisdiction Forinsecal, neither iudging, reforming, ordering, or correctinge, otherwise than by preaching, publikely or priuately, without especiall consent and commission of their Churches, during the time, thei had no Christiā Prince or Magistrate. Constantinus, as I haue saide, was not the first Christian king: But he was the very first Emperour, as your owne writers doo witnesse, that gaue Bishoppes authoritie to Nicep. li. 7 cap. 46. iudge and exercise iurisdictiō, ouer their Clergie, and that gaue to the Bishop of Rome power and authoritie ouer other Bishoppes, as Iudges haue the king ouer them, and that gaue to him power and iurisdiction ouer all other Churches, if that Donacon be not forged whiche Gratian [Page] citeth. And Petrus Bertrandus a Bishop, a Cardinal, and one Dist. 86. of your best learned in the Canon and Ciuill lawes, in his treatise De origine iurisdictionum, affirmeth, that Theodosius and Carolus Magnus, did graunte vnto the Churche all iudgementes. For the proufe whereof, he auoucheth diuerse decrées, and addeth, That such graūtes were afterwardes abrogated.

M. Fekenham.

At the first councel holden at Hierusalem, for the reformation of the controuersy that vvas than at Antioche, touchinge Circumcisiō, and the obseruation of Moses Lavve, decree vvas made there by the Apostles and Priestes, vnto the beleuers at Antioche, that they shoulde absteine from these fovvre chiefe Act. 15. 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 [Page] not the authoritie or Acte of one Apostle alone. Besides this, if the Apostles called this councell, they called they Layte so wel as the Clergie to the councell: yea, as may séeme probable, mo of the Laytie than of the Clergie. The decrées were not made by the Apostles alone, as you falsely feyne. For S. Luke saith, the decrée was made by the Apostles, Elders, and the whole Congregation. The Apostles, I graunt, as was moste conuenient with the Elders had the debating, arguing and discussing of the question in cōtrouersie. They declared out of the holy Scriptures what was the truthe: And I doubt not but they declared to the Church, what they thought most conueniēt to be determined: But the determination and decrée, was by the common consent, both of the Apostles, Elders, and people. Therfore this controuersy was reformed, ordered, and corrected, not by the authoritie of the Apostles alone, without the Elders, neither they togeaher did it without the assent of the Churche, and so this allegation maketh no deale for your purpose, but rather cleane against it.

M. Fekenham.

The Apostles also hearinge at Hierusalem, that Samaria Act. 8. 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, Act. 15. in quibus praedicauimus verbum Domini, quomodo se habeant. In the vvhiche visitation, the Apostle Paule: Electo Sila per ambulabat Siriam & Cil [...]iam, confirmans Ecclesias, praecipiens custodire praecepta Apostolorum & seniorum. By the vvhiche vvoordes it right vvell appeareth, hovve the Apostles and Priestes at Hierusalem, ouer and besides the Ghospell vvhiche they taught, they did make certeine Decrees, Lavves, and ordinaunces, the [Page] 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 1. Cor. 11. vnto the Corinthiās, that men should neither praie nor preache in the Churche vvith their heades couered? VVhat reformation and order did he make and appoint vnto them, for the more honourable receiuing of the Sacrament, and that partly by vvriting, and partly by vvoorde of mouthe, saying: Caetera cum Venero disponam, and in his seconde Epistle to the Thessalonians, he saith, Fratres state & tenete traditiones quas didicistis. siue per fermonem, siue per Epistolam nostram. VVhat orders and Decrees 1. Cor. 13. 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 [Page] plaine than that needeth any proufe. But as the sequele faileth in forme, so let vs consider the matter, wherupon ye grounde the sequele, that your friendes may see what foule shiftes ye are driuen to make, for the maintenaunce of an vniust claime. That the Apostles did visite their cures and flockes, you proue by two places of the Actes: in the first place, ye feine the Scriptures to saie, that it sayeth not: for in the eight of the Actes, there is no mencion made of any visitation: the other place speaketh only of a Scripturely visitation, and nothing at al of your Forinsecall or Canon Lawe visitation. The Canon Lawes visitatiō, is to be exercised by a great nomber of such persons, as the Scripture knoweth not. And ye 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, Mar. Soci. Deanes, Archepriestes, Abbottes, and other inferiour personnes hauinge iurisdiction. All Archbishoppes whiche are Legates borne, haue authority to visit their prouinces by double right, to wit, by right Legatiue, and by right Metropolitane, and so they may visit twyse in the yere. All these visitours muste beginne their visitation with a solemne Masse of the holy ghost. The Bishoppe and euery ordinary visitour, must beginne his visitation at his Cathedrall churche and Chapter. He must come into the Church where he visiteth, and first kneele downe and pray deuoutly, chiefly directinge his eyes and minde to the place wherein the honourable sacrament of Christes Bodie is hiddē and kepte. The matters of the Canon Lawe visitation are in parte these. The visitour ought to viewe diligētly whether the place where the Sacrament is kepte, be cleane, well garnished and close, for the Eucharist, and the holy Chrysme ought to be kept shut vnder locke and keye. He must see that there be great lightes of waxe to geue light in [Page] 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 Mar. Soci. in sayinge of their Masses. But let euery visitour vnderstande (saith mine authour) that same the greatest quaestion or cōtrouersie, which was betwixte three Rurall personnes or Priestes: whereof two of thē stroue about the woordes of Consecration, the one affirminge that the woordes are to be pronounced thus: Hoc est corpus meus: the other Hoc est corpus (I thinke he should haue saide corpū) meum. These two chose a thirde Prieste, who was taken to be better learned to be arbytour, and to decide this high quaestiō ▪ whose answere [Page] was, that he himselfe stoode euer doubtfull in this question: and therefore insteede of these woordes of consecration, did alwaies vse to say, one Pater noster. Furthermore the visitour must enquire whither the Layty make their cōfessiō once in the yeere, and receiue the Eucharist at Easter. And whether they be slowe, or denie to paye their tythes and fruites. The Archbisshop must in visiting any of his suffraganes, exactly enquire and examine the Canōs, and Clerkes of the Cath. Church, whether they know, beleeue, or that the fame is, that the Bishop hath couered and borne with some mens faultes for money, or other tēporall cō moditie. Can you finde in ye Scriptures any one of these Ʋisitours, or any one of these weightie matters enquired of, by Peter, Iohn, Paule, Sylas, Barnabas, or by any of the Apostles in their Ʋisitacions, which were Scripturely Ʋisitacions? 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 Ʋisitours, 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 ye Ciuil lawe Bishop, whose office was, as it is sette forth in ye Digestes, to haue the rule & ouersight of al maner Li. 50. Tit. 4. De muner. & honor. 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 ye geuinge of ye holy Ghoste, maketh nothing at all to proue your purpose. For S. Luke in ye place speaketh not of an Act. [...]. ordinary power, that should remaine in the ministers of y• churchfor euer, but of a special gifte to woorke Myratles, & to geue that power to others, which should continue but [Page] for the time whiles Christes Churche was to be erected, and the woorde to be sounded thorough the worlde: And therfore Chrisostome saieth: That this gyfte perteyned onely to the Apostles. For (saith he) the Conuertꝭ in Samaria had receiued before Peter and Iohn came, the spirite of Remission of Sinnes: But the spirite of Myracles, that is the gyfte of tounges, healinge, propheciyng, and such like, which are the gyftes of the Holy Ghoste, & therefore are called the Holy Ghoste, they had not as yet receiued. There were many that by the power of Goddes spirite coulde woorke Myracles, but to geue this power to others, none coulde doo but the Apostles. For that was propre, and onely in them. Marke nowe the sequele of your allegation for proufe of your purpose: Thus you argue: The Apostles gaue by the impositiō of their handes, to the Samaritans, the gyftes, of Healinge, Propheciynge, of Tongues, &c. Therfore euery Bishop and priest hath power to geue the same gyftes, to their flockes and cures. There was neuer none so blinde, or ignorantly brought vp in your cures, belongynge to the Abbay of Westminster, but that did well perceiue, that neither your Bishoppes, Abbottes, or Priestes, had, or coulde do any suche seate. They, like Apes, imitated the outwarde signe, or ceremonie, but the inwarde grace they wanted. Touchinge the thirde parte of your proufe, whereby yee conclude, that Bishops and Priestes may make Lawes, orders, and decrees, to their flockes and cures, bicause the Apostles so did, as you say: Although I neede make none other answeare, then to denie your argumēt, which you can by no arte maineteyne, the insufficiency whereof is manifest, to those that haue but a little skyll, eyther in Logike or Diuinitie: Yet I will briefly consider the places, whereupon you grounde this mishapen sequele, that [Page] the vnskilfull may see, how little they make for your purpose. After that S. Paule had founded the Churche of Corinthe, and had brought them to Christ through ye preachinge of the Ghospell, there sprange vp amongest them in his absence many vices and offences, contrary to the Doctrine he had taught, and the Godly admonitions, that he had geuen vnto them: wherfore being aduertised therof, he wrote his Epistle vnto that Church, wherin he reproueth their faultes, partely in generall, and partely in speciall: And in the ende of the tenth Chapiter, concludeth with this general admonition, that All thinges be done without offence, and to the Glory of God. In the. xi. Chapiter, he reproueth certeine faultes in speciall, committed by them in their publique assemblies, and Churche méetinges, contrary to this generall admonition, and contrary to that he had taught them in special, touchinge their honest and comely behauiour in their publique prayer, preaching, & communicating in Christes Sacramentes, which of al other thinges ought chiefely to be so done, as therby God may be glorified, and al offences eschued. To this ende S. Paule had taught the Corinthes, that in these publique & holy exercises, it is most séemely that men prophery & pray bare headed: Contrarywise wemen, not without their heades couered. Many obserued this comelynesse in prayer and propheciynge, as Paule had taught them: Others contentiousely did withstande and gainesay the same, as an order that Paule hadde deuised, and brought in of his owne deuise, besides Goddes woorde, as you also ymagine that Paule made this order besides the Gospell, of his own authoritie, wherwith to bynde the Corinthes. To answere both the contentious Philosophers, than amongest the Corinthes, and the superstitious Papistes, nowe in lyke forte molestinge the Christians, S. Paule [Page] proueth, that this comlynes is grounded vppon Gods ordinance, and not a Lawe newly deuised of his owne authoritie besides the Ghospell. This is his proufe, the man by Gods ordinaūce hath the superioritie, and the woman must be in subiection. God hath appointed for them bothe, signes and tokens of this dominion and subiection. He hath ordeined that man in token of superioritie, shoulde haue his head vncouered: as contrariwyse the woman, in token of subiection, to haue her head couered.

Therefore, if man laye away that signe and token of dominion whiche God hath ordeined for him to vse, and taketh vpon him the signe and badge of subiection, he dishonoureth God his head, and breaketh his ordinance. And so the woman, if shee leaue of the couerture of her head whiche God hath geuen to her, to be worne as a token and badge of her subiection, and taketh vpon her the signe of superioritie, she dishonoureth her head, and breketh Gods ordinaunce. S. Paule addeth an other reason, wereby he proueth that, this this was no Lawe made by him to the Corinthes. Nature, saith he, hath taught you this comely order. If this were a Lawe and Decree of nature, it was not S. Paules deuise besides Gods word. S. Ambrose vpon this place saith, that S. Paule spake these woordes, according to Gods Lawe, whiche forbiddeth, (saith he) the man to weare his heare. Chrysostome affirmeth this to be an ordinaunce of nature. But saith he, whan I speake of nature, I meane of God, who is the authour of nature. So that it is manifest by S. Paules owne proufes in defence of that he had taught, and by the witnesse of S. Ambrose and Chrysostome, that the man to be bareheaded, and the woman couered, was not a Lawe, order and decree, made by S. Paule to the Corinthes, as you vntruly fable: but Gods ordinaunce, made plaine, set forth, and taught by hym, [Page] that all thinges might be done in the Churche in comely order, to Gods glory. Of like sorte was the reformation and order, whereof you speake about the more woorthy receiuinge the Lordes Supper. The Apostle maketh thereaboute no newe Lawe, order, or decree, besides the Ghospel, but reproueth the Corinthians, for that they did not, aboute the receipte thereof, obserue the lawe of the Ghospell: He blameth them in generall, that their Churche assemblies were not to the encrease, but rather to the decrease of vertue in them selues: He reproueth them that in steade of brotherly loue, vnitie, and concorde, there was Contempte, Schisme, and Dissention amongest them: He rebuketh them, for that they made that Supper Pryuate, whiche the Lorde him selfe had made, and instituted to be Cōmon: He reprehendeth them for Drunkennesse, and that with the contempte of the poore: And he sharpely shaketh them vp, for that they abuse the Churche, contemninge the right vse thereof. Is not this Christes Lawe, that the people shoulde encrease in vertue? Is not this Christꝭ cōmandement, that ye Christians shoulde lyue in brotherly loue, vnitie, and concorde? Is not this Christes Institution, that his Supper shoulde be Common, and not Pryuate? Dooth not Christes lawe condemne Drunkerdes, and contempte of the poore? And is not this Goddes decree, that his house shoulde not be prophaned or abused? If these be Gods ordinances, as you can not denie them to bee, than are they not Paules lawes, orders, or decrees, neyther by writynge or woorde of mouthe: otherwise than that Paule was Goddes mouthe and scribe, to vtter, not his owne lawes besides the Ghospell, but Goddes ordinaunces comprehended within his Ghospell. So that whether beynge presente, he taught them by woorde, or being [Page] absente by wrytynge, he neyther wryite nor spake, other then he had receyued of the Lorde. He promised, say you, to dispose other thinges at his comminge. It is true, but not other wise then he did these aboue mentioned. He exhorteth, say you, the Thessalonians, to abide in the traditions, whiche they had learned by woorde or by writinge. Yee say trueth: but he dooth not thereby bynde them to this, as to a lawe, order, or decree, made by him besydes the Ghospell: but he monisheth them, as S. Ambrose expoundeth his meaninge, To stande fast, continue, and perse [...]ere in the tradition of the Ghospell. So that the traditions he speaketh of, are not other then the Doctrine of the Ghospell.

I maruaile not, that yee misreporte S. Paule, saiynge, that he made orders and decrees, touchinge prayinge and preachinge vnto the people in tongues vnknowen, & that all wemen shoulde keepe silence in the church and congregation, for it may seeme, yee neuer readde the place, but tooke it, as you hearde it reported. If you had readde the place, yee mighte haue seene with your owne eyes, that S. Paule speaketh no whitte of that matter in the. 13. as yee vntruely auouche: and in the. 14. yee shoulde haue perceiued, that he in plaine speeche proueth you a Lyar: For that he denieth that these were his orders or decrees, affirminge them to be the Lordes commaundementes, and so dooth Theophilact. Gloss. ordinar. and Lyra witnesse also with Paule, testifiynge that these were his woordes and meaninge. These places thus rightly considered; it may easily appéere vnto the most vnskilfull, how little your purpose is holpen by them, & that these groundes do faile you: So that your whole shifte beynge sifted, is founde naught, both in matter and fourme.

[Page]M. Fekenham.

The vvhich noble Emperour Constantinus, for the repres [...]on of the Arians errours and heresies, he did at the request of Syluester then Bishop of Rome, call the first councell at Nice: vvhere he had, to the Bishops there assembled these vv [...]ordes: Cum vos Deus sacerdotes constiturit potestatem tradidit iudicandi de Li 10. Hist. Eccl. ca. 2. nobis. Et ideo nos à vobis recte iudicamur. Vos autem, cum nobis à Deo, di [...]datisitis, ab hominibus iudicari non potestis. &c. Valen tianus Imperator cum ille rogatus esset ab Episcopis Hellespōti Bythiniae, Lib. 7. Hist-Trip. ca. 12. vt interesset, consilio, respondit: Mihi quidem cum vnus de populo sim, fas non est talia perscrutari, verum sacerdo [...]es quibus haec cura est, apud s [...]metipsos congregentur, vbi voluerint. Theodosio Imperatori, Ambrosius Theod. lib. hist. 5. Eccl. cap. 18. ingressu intra cancellos templi inte [...]dixit, inquieps: In teriora ô Imperator sacerdotibus solis patent. &c. Cui egi [...] ob id gratias Imperator, asserens se didicisse discrimen inter Imperatorem & sacerdotem.

The B. of Wynchester.

It is manifest that Constantine called the first Nicene councell, but very vnli [...]ly that he did it at the request of Syluester, b [...]cause this Councell was not in the time of Syluester, but whiles Iulius was Bishop of Rome, who by reason of his great age coulde not be there present in his owne Nicep. li. 8. cap. 14. Soz. lib. 1. cap. 17. Li. 2. to. 2. her. 68. Lib. 1. ca. 1. persone, and therfore sent in his stéede Vitus and Vincentius▪ as the Ecclesiasticall histories reporte, and Epiphanius affirmeth that Constantine called this Councel at the earnest su [...]e of Alexander Bishop of Alexandria, whereto Ruffinus addeth, many other of the Cleargy also. But if it be true as yée say, that the Emperour called the Councell at the request of the Pope, than bothe those P [...]pistes are L [...]ars, which affirme that the Pope called this councell, and your cause by your owne confession is muche hindered: for if the Emperour called the Councell, and that at the request of Syluester the Pope, as y [...]e say, or at the earnest suite of Alexander, and other godly Bishops, as Epiphaniu [...] and [...] affirme: It appeareth plainely, that both the Pope [Page] and the other catholike Bishops, did therby acknowledge the supreame power and authoritie, to sommon and call councels, whiche is a principall part of your purpose, and of ye Ecclesiastical iurisdiction cohibitiue, to be in the Emperour and not in them selues: for otherwise they might, and would haue doone it, by vertue of their owne office, without any suite made to the Emperour, to execute that whiche belonged vnto them selues. The Emperour refused to iudge the quarreling accusations of the Bishops assembled at the Nicen councell, one quarreling and accusing an other, & referred the iudgement of them to Christ. This was his modestie, Policy, and prudent foresighte, least by sifting those priuate quarelles, he might haue hindered the common cause, as I haue said before, and is plainely to be gathered of Ruffinus and Nicephorus, and not Lib. 1. ca. 2. Lib. 8. ca. 16 for that he thought his authoritie might not stretche so farre, as to iudge the Priestes and their matters, as ye would haue it to séeme: for as he him selfe protesteth, this Euseb. li. 3. De vit. Con. aboue all other thinges, to be the chiefe scope and ende of his Emperiall authoritie, namely that the catholique Churche be praeserued in vnitie of faith, sinceritie of loue, concorde in godly Religion, and that the diseases therein▪ as Schismes, Heresies, &c. might be healed by his mynistery: euen so forsoke he no occasion or meane, whereby to woorke foorth this effect of his ministery and office, whether it were at some time by relēting and remittinge some what of his authoritie, or by exercising the same to the vtmost, in al matters, & ouer all persones. He thought it the best for this time by relentinge to beare with the weakenes of those fathes, thereby the better to encourage them to standefast, and ioyntly against the common enemy, for the furtheraunce of the truthe. But afterwarde, whan the councel or Synode was assembled at Tyre by his commaundement, and that Athanasius had made complaint [Page] vnto him of the vniust dealing of that coūcel to deface the truthe, the Emperour did exercise the ful authoritie of his ministery, & called al ye Bishops vnto him, to this ende, ye he by his supreme authority, might examine their doings, & iudge of the whole councel whether they had iudged vprightly, Soz. li. 1 c. 4 and dealt sincerely or not. This he did at the suite of the most godly Bishop Athanasius, who woulde not haue attributed this authoritie to the Emperour, if it had not apperteined to his iurisdictiō to haue iudged the Bishops and their doings: neither would the catholique fathers of that time, haue suffred this and many other suche like doinges of this most Christian Emperour, to haue passed without some admonition or misliking, if thei had not acknowledged the authoritie in him to be lawfull. He commaunded the Bishops euery where to assemble at his appointment, where, and whan he would. He sharply reproued Alexander Bishop of Alexandria, and Arius, for the cō tention stirred vp by them. He iudged Caecilianus. Bishop of Carthage, to be lawfully consecrated, and ordered, and condemned the Donatistes. And these Bishoppes assembled at the Nicen councell by his commaundement, of whom ye speake, acknowledged the Emperour to haue authoritie to iudge them and their causes, or els they had doone folishly, to offer their billes of complaint vnto him, whom they thought had no authoritie or might not iudge and determine them. But in case it were true, that the Prince might not iudge the Priestes nor their causes, what conclude you thereof? You can not conclude your purpose, for this is no more a good consequent: Constantinus would nor coulde lawfully iudge the Priestes assembled at Nicen councell: Ergo, Bishoppes and Priestes may call councelles, make Lawes, orders, and decrees, to their flocke and cures, and exercise all manner iurisoicciō [Page] cohibitiue: Then this, Yorke standeth but. iij. myles from Pocklington, Ergo, your pocket is full of plummes: of the like fourme also are the consequentes, that yee make vpon the histories of the Emperours Valentinian and Theodosius. And as you can not fasten your purpose by any good sequele vpō these histories, so that history that ye alledge of Valentinian, maketh muche again your purpose. First it is vncertein and may be doubted, whether this aunswere that ye affirme to be Valentinians, were his, or Valens the Lib. 6. ca. 7. Emperours wordes, for as Sozomenus one of ye Tripartite Ecclesiasticall historians, affirmeth this suite to be made Lib. 4. ca. 2. by catholike Bishops of Hellespōtus & Bithinia, vnto Valentiniā, and that this was his answere to their peticion. Euen so Socrates an other of the same tripartite historiās affirmeth that this suite was made by the Macedonians, vnto Valens the Emperour, who graunted them their petition, the rather supposing, that the mater should haue ben determined in that councel, after the mindes of Eudoxius & Acatius. And it is not from the purpose to note which of these Emperours caused this councel to be called, for the one of thē, Valentiniā was a catholique Emperour, the other Valens an Arian. Secondly you do falsely report the story, for the Bishops of Hellespontus & Bithinia, did not make suite vnto Themperour Valentinian, that he would be praesent in the councel: but by their messenger, did humbly beseche him, that he would cō maunde al the Bisshops, as Nicephorus reporteth it, or yt he wold suffer and geue leue vnto the Bishops to haue a Synode or councell, which they held after licēce obteined at Lampsacum, as Socrates and Sozomenus, the Tripertite Historians, make relation. Thirdly, the Emperour dooth not simply refuse or denie the searche and diligent enquyrie of these matters as thinges nothing apperteining to his office, or not lawfull for him to enquire of: as ye woulde haue it [Page] seeme, but excuseth himselfe by his earnest busines and want of leysure, saiyng, It is not lawfull: (meaning that his leisure, from the waighty matters of the common weale, and iust oportunitie, woulde not easely nowe suffer him) to trauaile in those causes, and therefore referreth the exact sifting of those thinges to them, whose offices and charge, was properly to be occupied in those matters. That this is the true purporte of his wordes in his right sense and meaning, appereth plainly by the due circumstances set foorth in the story, and also by Nicephorus an Ecclesiastical historiā, who rightly vnderstode his meaning, Lib. 11. ca. 3. and reporteth it in these wordes: Mihi negotijs occupato, & reip. curis distento res eiusmodi inquirere, nō facile est. It is no light or easy matter for me, that am nowe occupied with businesses, and filled so ful as I may be, with the cares ef the cō mon weale, to enquire or searche suche matters. Last of al, whether the catholique Bishops of Helespontus and Bithynia, required the Emperours presence in the councell, as ye affirme, or they required therwith his labour and trauaile in the debating or searchinge the truthe of matter, whiche may seeme at the first by the bare woordes of his aunswere: or they desiered onely licence of him and permission to assē ble togeather in Synode or councell, to defermine and decrée with the truthe, against the Arianismes, whiche the moste and best parte of the Historians agree vnto. Their sute and humble peticion, maketh plainly against your presumpteous assertion, in that they acknoweledged thereby the iurisdiction to call councelles, to be in the Emperour, and not in Bishoppes or Priestes, without speciall leaue, licence, & commission from the Prince. For if the power and iurisdiction to call councels, had ben in them selues without the Emperours cōmission, what neaded them to haue craued licence of the Emperour? [Page] And if it had not béene lawfull for the Emperour to haue béene present in the Councell, and to haue dealte in the diligent searche and debating of matters in Religiō, then these Catholique Bishoppes did wickedly, who as you say mooued him thereunto. Although yée vntruely report the story of Theodosius the Emperour, and Ambrose the Bishop of Myllaine, yet can you not by any meanes wraste it, to serue your purpose any whit at all. For if it were true, that Ambrose forbadde Theodosius the Emperour the entraunce into the Chauncell: or that the Emperour had said to him, that he had learned the difference betwixt an Emperour & a Priest, yet can you not conclude therof: therfore Bishoppes and Priestes haue power & authoritie to make lawes, orders and decrées to their flockes and cures, and to exercise the seconde kinde of Cohibytiue Iurisdiction ouer them. Theodosius, as the authour writeth, came into the Theod. li. 5▪ cap. 1 [...]. Chauncell to offer his oblacion, whereat S. Ambrose founde no fault: But when he stayed there still to receiue there the holy Mysteries, S. Ambrose sent him woorde to goo foorth and abide with the other of the Church, for that place was onely for the Priestes: For which monicion the Emperour was returned to Constantinople, and came on a time into the inwarde place or Chauncell to offer his oblation, and went foorth againe so soone as he had offred, Nectarius the Bishop demaunded of him, wherefore he taried not still within, meaninge to receiue the holy mysteries: To whom the Emperour maketh answeare, saying: I haue scarcely learned the difference betwixt an Emperour and a Priest.

Fekenham.

M. Iohn Caluyne, intreatinge of the Histories betvvixte Cal. Inst▪ cap. [...] ▪ these Emperours Valentianus, Theodosius and S. Ambrose, after alonge processe vvherein he maketh good proufe, that all Spirituall [Page] iurisdiction doth apperteine vnto the Churche, and not vnto the Empyre, he hath these vvoordes follovvinge: Qui vt magistratum ornent, Ecclesiam spoliant hac potestate, non modo falsa interpretatione Christi sententiā corrumpunt sed sanctos omnes Episcopos, qui [...]am multi à tempore Apostolorum extiterunt, non leuiter damnant. Quod honorem officiumque Magistratus falso praetextu fibi vsurpauerint. How they doo spoyle the Churche of that authority, thereby to adorne temporall Magistrates, not onely by corruptinge Christ his appointment and meaninge therein: But also they lightly condemne and set at naught all those holy Bishops, which in so great number haue continued from the time of the Apostles hitherto, which honour and office of Spirituall gouernement they haue (saith Iohn Caluin) vsurped and taken vppon them by a false pretext and title made thereof. And againe Iohn Caluin saith, Qui in initio tantopere extulerunt Henricum regem Angliae, certe fuerunt homines inconsiderati. Cal. in 7. cap. Amos proph. Dederunt illi summam omnium potestatem. Et hoc me semper grauiter vulnerauit, erant enim blasphemi cum vocarent ipsum summum caput Ecclesiae sub Christo. They whiche in the beginnyng did so much extoll Henry kinge of England, and which did geue vnto him the highest authority in the Churche, they were men whiche lacked circumspection, and of small confideration: whiche thing (saith Iohn Caluin) did at all times offende me very muche, for they did commit blasphemy, and were blasphemets, when thei did call him the Supreme head of the Churche.

The B. of Wynchester.

The collectour of your cōmon places did beguile you, which you would haue perceiued, if you had redde M. Caluin with your owne eyes. He entreateth not in that place of the Histories betwixt the Emperours Valentinianus, Theodosius, and S. Ambrose. He confuteth the opinion of such, as thinke the Iurisdiction that Christ gaue vnto his church, to be but for a time, whilest the Magistrates were as yet vnfaithfull, and proueth that the Iurisdiction of the Churche was geuen of Christe to remaine till his seconde comminge, and belongeth onely to the Churche, and not to the Prince, Bishoppe or Priest, without speciall [Page] commission from the Church. The which Ecclesiasticall Iurisdiction, I comprehended vnder the firste kinde of Cohibytiue Iurisdiction. You doo M. Caluin not double, but quadruple, yée muche more wronge about the citinge of his sentence, for as yée haue vntruely reported the circumstaunce of his sentence, so haue you hackte from the beginninge thereof one materiall woorde, parte of it you haue obscurely translated, the other parte falsely, and by altering his woordes and sense, yée haue belied him, slaundered the auncient Bishops, and haue auouched M. Caluin (if those were his woordes and meaning, which you in your translation father vppon him) directly against your selfe: which you meant not, for yée thought (as I suppose) you had so cunningly handeled him, yt he should haue serued your turne. If this your euil dealing with M. Caluin, procéeded of ignoraunce, for y• his Latine was to fine for your grosse vnderstanding, yée are somewhat to be borne withall: but if you haue thus dealt of purpose, than your malice is ouer great, and yée shewe your selfe shameles to deale so vnhonestly, & that in the sight of all men. After yt M. Caluin hath proued, that our sauiour Christ gaue the discipline of excōmunication vnto the Church, to be exercised continually by ye same: to ye censure wherof al estates ought to submitte them selues, for if he be an Emperour, he is within, or vnder, & not aboue the Church. He concludeth with this sentence: Quare illi, qui vt Magistratū ornent &c. VVherefore they whiche to adorne the Magistrate, doo spoyle the Church of this power (to exercise ye discipline of excōmunicatiō) doo not onely corrupt Christes sentence with a false interpretation: but doo also, not lightly condemne all the holy Bishoppes, whiche were so many from the Apostles time: for so muche as they (all the holy Bishoppes) haue vsurped to them selues the honour and office of the (ciuill) Magistrate vnder a false pretense or coullour. [Page] The first woorde of the sentence which knitteth the same, as a conclusion to that that goeth before, yée haue left out. How darkely yée haue translated the first parte of the periode, may appeare by conferēce of your translation with the Authours woordes. The last part ye haue falsely translated, tourninge the Coniunction into a Pronoume relatiue, and translatinge this woorde Magistratus (whereby Caluine meaneth the ciuill Magistrate) by these woordes spirituall gouernement, and so haue cleane altered bothe the woordes and sence of M. Caluine, and yet shame not to belie him, saying (Iohn Caluin saithe) whiche he saith not. But it is M. Feckenham that saith, and so belieth Caluin, and slaundereth the auncient Bishoppes, as though they (for to them this, they, hath relacion) had taken vpon them the office of the Magistrate: as they had done in déede, if all manner correction & iudgement had belonged to the Magistrate, and none at al to the Churche, by whose commission they exercised this iurisdiction. Yf this were M. Caluines saying, as ye translate him, that they (all the holy Bishoppes from the Apostles time) haue vsurped and taken vpon them the honour & office of Spirituall gouernement, by a false pretext and title made thereof, than haue you alledged M. Caluin against your selfe, for this sentēce, if it were true, ouerthroweth your purpose nothing more. And againe Iohn Caluin writing vppon Amos the Prophet, is by you alledged to as little purpose: For be it that they whiche attributed to King Henry of famous memory, so muche authority (whiche greeued Caluin) were men not well aduised in so dooinge, and that they were blasphemours, that called him the supreme head of the Churche, (yée know who they were that first gaue to him that title and authoritie) yet your conclusion followeth not hereof. Therfore Bishops and Priestes haue authoritie to make [Page] Lawes, orders, and decrees, &c. to their flockes and cures, no more than of his former saiyng. Christ gaue to his Churche this authoritie to excommunicate, to binde and to lowse. Therfore Bishops & Priests may make Lawes, orders, and decrees, to their flockes and cures.

M. Fekenham.

Hosius Episcopus Cordubensis, qui Synodo Nicence primae interfuit A thanas. in Epist, ad solitar. vit. agentes. Sic habet, sicut testatur D. Athanasius aduersus Constantium Imp. Si istud est iudicium Episcoporum, quid commune cum eo habet Imperator? Sin contra, ista minis Caesaris conflantur, quid opus est hominibus titulo Episcopis? Quando à condito aeuo auditum? quando iudicium Ecclesiae authoritatem suam ab Imperatore accepit? aut quando vnquā pro iudicio agnitum? Plurimae ante hac Synodi fuerunt, multa iudicia Ecclesiae habita sunt: Sed neque patres istiusmod [...]res principi persuadere conati sunt, nec princeps se in rebus Ecclesiasticis curiosum praebuitnune autem nouum quoddam spectaculum ab Ariana heresi editur, cō uenerunt enim Haeretici & Constantius Imperator, vt ille quidem sub praetextu Episcoporum, sua potestate aduersos cos quos vult vtatur.

The B. of Wynchester.

As it is very true, that Hosius Bishoppe of Corduba in Spaine, was in the first councell of Nice, so is it as vntrue that these be his woordes, which you haue cited in his name, for they be the saiynges of Athanasius, and not of Hosius. Wherein ye haue done Athanasius thréefolde wronge, first to attribute his writinges to an other, then also to cause him therein to beare false witnesse against him self, and thirdly, in that ye haue left out the first woorde of his sentence, whiche is a materiall woorde, and bringeth in this his saiyng, as a reason of that whiche goeth before. Athanasius [...]ndeth him selfe gréeued, that both he and many other Godly Bishops for the truthe it selfe, suffered much crueltie, and were wrongfully condemned, not according to the order of the Ecclesiasticall iudgement, but by the [Page] cruell threathes of the Emperour Constantius beinge an Arian and a fierce mainteinour of the Arianisme. Who notwithstanding subtilly couered his vngodly dealinge vnder the pretence of a iudgement or sentence past by Bishops in Synode or conuocation, whiche he called Episcopale iudicium, a Bisshoply iudgement. But saith Athanasius, Constantius can not so hide him selfe, seeing that there is at hand that can plainly bewray his wilines, for if this be the iudgement of Bisshoppes, what hath the Emperour to doo therewith. But if on the contrary side these things be brought to passe through Caesars threates, what neadeth men, that haue but the name of Bisshoppes, &c. There are two thinges necessarily to be considered, for to vnderstande rightly the true meaning of Athanasius in this place by you alledged: first what was required to that whiche he calleth the iudgement belonging to Bishoppes, or the Bishoply iudgement. Than what was the dooinges of Constantius, pretending a iudgement of Bishoppes. Liberius the Bishop of Rome, as Athanasius reporteth in this same Epistle require in a Synode Ecclesiasticall, that it be free from feare, farre from the palaice, where neither the Emperour is present, neither the Earle or Capitaine thrusteth in him selfe, nor yeat the Iudge dooth threaten. He meaneth that it be frée from feare, threathes, and without this, that the Emperour or Rulers, do lymitte or prescribe to the Bishoppes what they shoulde iudge. This appeareth more plainely by S. Ambrose, who also speaketh of the lyke matter, yea vnder the same Prince, saiynge: Constantinus set foorth no Ad Valent. Epist. 32. Lawes before hande, but gaue free iudgement to the Priestes. The selfe same also did Constantius, (in the beginning of his reigne) but that whiche he well beg [...]nne, was otherwise ended. For the Bishoppes at the first had written the sincere faith, but when as certeine men will iudge of the faithe within the Palaice; he meaneth after the opinion of the Courtiers and prescription of the [Page] Prince, otherwise it was not vnlawfull to iudge of matters, concerning faithe within the Princes Palaice, the Prince also beynge present, for the first Nicen councell was holden within the Emperours Palayce, and he him selfe was present amongest them: They brought this to passe, that those iudgementes of the Bisshoppes were chaunged by Circumscriptions. Then is required in a Synode (saieth he) that [...] the onely feare of God, and the institutions of the Apostles, doo suffice to all thinges. Next, that the right faithe be approued, and Heresies, with the mainteiners thereof, be cast out of the councell, and than to iudge of the persones that are accused of any faulte. So that the Bishoply session or iudgement, must haue freedome, must iudge by the onely woorde of God, muste haue the Bishops that doo iudge to be of the right faithe, and must first examine the Religion and faithe of the partie accused, and then his faithe. Constantius, who notwithstanding that he did pretende a Bishoply iudgemēt, vsed none of these obseruauntes, but the cleane contrary. For as Athanasius complayneth in this Epistle, the Emperour wrought all togeather with threates, menassinge the Bishoppes other to subscribe against Athanasius, or to departe from their Churches: Who so gaynsaide the subscription, receiued to rewarde, either death or exile. He without any persuasion with reasons, compelleth all men by force and violence, in so muche as many Bishoppes afterwardes excused themselues, that they did not subscribe of their owne voluntary, but were compelled by force. VVhere as, (saith he) the faithe is not to be set foorth with swoordes or dartes, or by warrelike force, but by counsailing and persuadinge. He in the steade of Gods worde, vsed his own will, appointinge and prescribing what should be determined, answering ye godly bishops, who obiected against his vnorderly doings, y• ecclesiastical Canō: at quod ego volo pro Canone sit. [Page] Let my will stande for the Canon. Pretending a iudgement of Bishops, he doth what so euer liketh himselfe. Where as Hosius saith, cytod by Athanasius in this Epistle: The Emperour ought to learne these thinges of the Bisshoppes, and not to commaunde or teache them what to iudge in this kinde of iudgement, for the Prince shoulde not showe him selfe so busy or curious in Ecclesiasticall thinges, that his will and pleasure shoulde rule or guyde them, in steade of Gods woorde, and the godly Canons of the fathers. Constantius woulde haue no other Bishops but Arians, whiche were no Bishoppes in déede, as Athanasius saith, and much lesse apt to iudge of the matter, touching a principall article of our faith, or of the faithfull Bishop Athanasius: and taking his heresy as an vndoubted truthe, that might not be called into question, he sought by all meanes, to haue Athanasius condemned, and al Bishops to refuse his communion, and to communicate with the Arians. These disorderly dealinges of the Emperour, Athanasius cōdemneth, as directly against the order of Ecclesiasticall session or Synode, how so euer he pretended vnder the colour of the Bishoply iudgement, to abuse his owne power and authoritie after his owne luste against whom he woulde. You would haue it seeme to the ignoraunt, that Athanasius mynde in this place were to denie, that Princes should medle or deale in Ecclesiastical thinges or causes, which is farre frō his meaning: for he him self with many other godly bishops, as I haue shewed before, did acknowledge the Princes authoritie herein, & in this same epistle he him selfe confesseth this Emperours authoritie to call coūcels, & citeth Hosius also, who enclineth to that purpose, both of thē confessing, y• Constans & Constantius Thēperours, did cal al the Bishops to ye coūcel, which he calleth Sardicēse consiliū: about the accusatiōs & crimes laid in against Athanasius. And Theodoretus affirmeth. yt this Emperour Cōstantius Lib. 2. ca. 15. [Page] called a Synode at Millaine about suche like matter, at whose callinge the faithfull Bishops assembled, parentes regio edicto, obeying the Kinges Summons: which they would not haue done, if it had béene vnlawfull for him to haue had any dooinges about councelles. But when he abused his authority in the coūcel, as though his power had béene absolute, without limites or boundes, willinge them, yea cōpelling them, to doo after his wil against good conscience, they would not obey him. Quin etiam palam praesentem regem, coarguebant impij & iniusti imperij, but did opē ly reproue the Kinge for his wicked and vniust rule or cōmaundement: whereby is manifest, that Athanasius, speaketh not against the Princes authority in Ecclesiasticall matters, but against his tiranny, and the abusinge of that authoritie, whiche God hath geuen him, wherwith to mynister vnto Goddes will, and not to rule after his owne lust: they commende the authority, but they reproue ye disorderly abuse thereof. Now let vs sée how this saying of Athanasius helpeth your [...]ause. Constantius the Emperour dealt vnorderly and after his owne luste against Athanasius and others, pretendinge neuerthelesse the iudgement of Bishoppes, whiche Athanasius misliketh, as is plaine in this place auouched: Ergo, Bishops and Priestes may make lawes, decrées, orders, and exercise the second kinde of Cohibitiue Iurisdiction ouer their flockes and cures, without commission from the Prince or other authoritie: I doubt not but yée sée suche faulte in this sequele that yée are, or at leaste yée ought, to be ashamed thereof.

M. Fekenham.

Almighty God saith by his Prophete Hieremy, vvhich vvas both a Prophet and a Priest. Ecce dedi verba mea in ore tuo. Ecce Hier. 1. constitui [...]te hodie super gentes & super regna, vt euellas & destruas & [Page] disperd [...]s, & dissipes, & aedifices, & plantes, Gregorius Nazianzenu [...] Greg. Nazian. de Hier. dict. oratione. 18 ad subditos timore per culsos & Imperatorē irascentem. Ezech. 34. sermone de dictis Hieremiae ad Iulia [...]um Imperatorem: Pu [...]as no patimini vt verum vobiscum agam, suscipitis ne liberratem verbi & libenter accipitis quod lex Christi sacerdotali vos nostrae subijsset potestati, atque iustis tribunalibus subdit? Dedit enim nobis potestatem, dedit principatum multo perfectiorem principatibus vestris, aut 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 ast [...]uit esse Chrysost. hom. 5. de verb. Esa. 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 Ign. Epist. 7. ad Smyrnens. pertinent. And so to adioyne hereunto the sayinge of S. Augustine, vvho in speaking, Contra Iulianū, 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 [Page] 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• 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 Ioan. 10. 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 [Page] exercise with all possible diligence & faithfulnes, they shall escape the curses that the Prophete Ezechiel menasseth: As cōtrarywise 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 ye 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 cōmaundement 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 yt 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 beyōde 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 heauē also: and what so euer ye lowse on earth, shalbe lowsed in heauen also, what may be cōpared 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 [Page] 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 sētence 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 do any thinge, not so muche as toll a bell to seruice, or sweepe the Church, but onely the Bishop must dooe all alone. Whiche conclusion some of your complices would so litle allowe, as those whom yee would ouerburden, and yee your selfe might go play you, as one that had naught to doo, in any thinge perteining to the Churche. But to helpe the matter, and to make Ignatius woordes plaine without absurditie, you must take with you the residue of the sentence that followeth, which yee leaue out, of The Sacrament of Thankesgeuinge, and Celebratinge the Diuine Seruice, and then it shall easily appeare, that Ignatius talketh of suche dooinges of a Bishop, as in déede declare his function & office, & yet furthereth no whit the Conclusion [Page] of your obiection. So that your Conclusion beynge yet as insufficient as the rest, you are faine to adioyne an other péece thereunto: Wherein although yee shewe howe euill a ioygner you bee, to adioygne those two péeces of sentences togeather in one Conclusion, that are of cleane sundry matters, yet in one poynte yee haue made them bothe agree, that as yee wrested the one, so ye not onely wrest, but flatly falsifie the other, and yet neither of them bothe stande you in any steade, to helpe your obiection, muche lesse to conclude the same. For fyrst, how dooth this followe: S. Augustine saith (say you) of the Doctours of the Churche: That they beleeue, I beleeue: that they holde, I holde: that they teache, I teache: that they preache, I preache: yeelde to them, and thou shalte yelde to me. Ergo, Bishoppes and Priestes haue power and authoritie to make lawes, orders, and Decrees, and to vse all cohibitiue iurisdiction ouer their flockes and cures. Nowe if your freendes that haue beleeued hitherto as you beleeue, haue helde as you holde, taught as you teache, preache as you preache, and beleeuinge the vpright dealinge and conscience, that you pretende, haue yelded vnto you herein, do but a litle examine your false dealing with those Fathers, whom you would seeme so wholy to folowe, I thinke they woulde no longer beleeue you, holde with you, nor yelde vnto you, but suspecte you as a deepe dissembler, or rather abhorre you, as an open sclaunderer and belyer, not onely of me, but of the auncient Fathers them selues. For firste I woulde learne of you, where S. Augustine hath those woordes, in all his sixe bookes against Iulian, Istis cede & mihi cedes, if he haue them, shewe where: if he haue them not, then howe dooe ye followe S. Augustine? Howe dare you impudently saye, ye preache and teache that he did, when ye manifestly mangle, alter, peruert, and corrupt the saiynge [Page] that he did teache. In deede for fashions sake ye cite a péece of S. Augustines sentence, that they beleue I beleeue, &c. but for that which followeth istis cede & me non caedes: yelde to them and thou shalt not strike or whippe me: you haue put in these woordes, istis cede & mihi cedes, yelde to them and thou shalt yelde to me: and yet this corrupting of the sentence maketh it serue no whit the more for your purpose, but vttereth your falshood: that belike will not spare to corrupt that whiche maketh flat against you, that thus vse to corrupt this, which maketh neither to nor fro with you, nor against me. But as S. Augustine writinge in ye same matter against Iulian, a Disciple of Pelagius, an Englishe Monke, dealing with S. Augustine, as ye haue doon with me, saide to Iulian: so saye I to you. Ye feine me Lib. 3. to saie that I saie not, to conclude that I conclude not, to graunte that I graunte not, and you conclude to your selfe that whiche I denie, &c. In deede you haue laboured more to finde out those reasons whiche ye Lib. 5. might better vtter against your selfe than against me. But in suche a cause ye should not neede to take suche peines, if you had any shame in you. S. Augustine in these bookes against Iulian, as in his other against the Donatistes, (as I haue declared before) did attribute vnto the Emperours and Princes, the Bishoppes and Priestes, suche Ecclesiasticall Iurisdiction as I haue doone. Of the same mynde that hee was herein, were also these fathers, that he cyteth. Wherefore you wyll nowe I truste, accordinge to your promyse, yelde and relente: If not to me for stubborne harte: yeat accordynge to your conclusion to S. Augustine, and the auncient Fathers, to beleeue herein that they beleeue, to holde that they holde, to teache that they teache, to Preache that they preache, and no moare to wrynge, mayhem, slaunder and belye them. And than bothe I and all other [Page] [...] [Page] [...] [Page] faithful Christians wil both better beleeue you, and geue God thankes for you.

M. Fekenham.

After longe expectation, and many promises, his L. final ansvveare to the saide obiections, vvas as hereafter folovveth. For as muche as I doo perceiue, that you are not to be resolued in this matter, I shall here staie and proceede no further vvith you in the same: and like as you haue bene, so you shalbe vnto me most hartely vvelcome: You shall lacke nothinge that is in my house to pleasure you: And from hencefoorth I shal leaue to haue any further talke or conferēce vvith you in these controuersies of Religion. And for all suche talke and vvrytinge as hath passed already bitvveene vs, I shall perfourme this my promise, bothe firste and last made vnto you, that you shalbe vvel assured, not to suffer any hurte or damage therby.

The B. of Wynchester.

You deliuered this obiection vnto me in writinge, betwixte Easter and Whitsontide, about the ende of April: within two daies folowinge, when I had redde the same, I tould you, that in the collection of your common places, you were muche abused, for that you had mistaken them, and obserued no iuste circumstances of the authorities, whereby to haue knowen the authours meaninge: And so wée continued in debatinge and reasoninge, from time to time, about this matter of Iurisdiction, and others, vntill the beginning of September folowinge, before which time, your obstinacy grewe so muche, that I was forced, through your vnorderly behauiour, to restreigne you of your licentious talke, and sequester you from conference with any, hauinge so muche before abused your selfe, and especially in mine absence, and I was the rather moued so to doo, for that I perceiued all that I did, was but in vaine: as at diuerse times and often, I repeated that vnto [Page] you, obstinately bente to the contrary, meaninge by suche stoutenesse to recouer your credite, which through your inconstancie was so empaired amongest your friendes. I saide, at your firste comminge, and many times after, you beynge sente by the Honourable Councell, that you were welcome, whiche by good proufe, although vtterly without any your good deserte, yée founde true. I did say, that I woulde leaue to haue any further talke or conference with you, touchinge matters of Religion, or any other: but you shoulde haue shewed the time and place, where, and when these woordes were spoken: I spake them the Sunday at after diner, when in your gallory, I did reprooue you of your disorders, and therefore restreigned you of suche libertie, as before yee had enioyed. The promise made vnto you, not to vtter that whiche yee shoulde say by way of reasoninge, in preiudize of the Q. Maisties Lawes, I haue hitherto, & yet doo firmely kéepe to you, as you can not iustly chardge me with the contrary, in any particuler pointe, and so you haue susteined no hurte or domage thereby.

M. Fekenham.

The perfourminge of his promise vvas as hereafter folovveth. First there vvas a rumour sperced abroade very shortly after by his seruantes, that I had subscribed to certaine Articles, t [...]nne in number.

Seconde, there vvas by his seruantes a further rumour raised, of my recantation, tyme and place appointed therof to be at the Parishe Churche of VValtham, vvhere his L. did then manure and abide.

Thirdely, his L. did at his open table, and in the praesence of many, chardge me vvith the change of my Religion nine times, and beinge put in further remēbrance by one M. Denny vvho vvas a Sogener vvith him, his L. saide, that I had altered and changed my Religion, not onely nine times, but nineteene [Page] times, and that I vvas of no Religion.

Fourth, his L. did permitte the saide M. Denny at his open table toto muche to abuse me. VVhere the saide M. Denny did openly and before many, chardge me vvith these three crimes follovvyng, First vvith incontinency of life, thus sayinge: That if I had not as many children as he, he did knovve that I had deserued to haue so many. Seconde vvith Gluttony, affirminge that I vvas an Epicure. Third and laste vvith Hipocrysie, and that I vvas a great dissembler and an Ipocrite. The saide M. Denny beyng a man to me vvholly vnknovven. His L. did shevve him selfe openly to be so vvell pleased vvith these his slaunderours vvoordes, that he mynistred iuste occasion for me to thinke that his L. had procured the said M. Denny thereunto.

Fifth, by so muche the more, I had good cause to thinke so, for that his L. did immediatly thereuppon, viz. vvithin one hovver after, in fortifiynge the saide talke commaunde me to close imprisonment.

Sixth, and laste after that he had kepte me sixe vveekes in close imprisonment, by his L. complainte I am novve at this present prysoner in the Tovver, muche contrary to his promise before made.

The premisses beyng true (like as they are all moste true) beyng to openly committed and before to many vvitnesses to be denied. Your honour may easily iudge vvith vvhat vvisdome, discrecion, and charity I haue beene vsed, I being a poore man, the Q. Maiesties prisonner and to his L. committed (I dare boldely affirme) to be vvell vsed. It vvas very straunge to me to see suche behauiour openly shevved at the table of suche a man. Surely for mine ovvne parte, I vvas neuer so vsed, neyther openly or priuately at any mans table before in my vvhole life. My hūble sute therfore vnto your honour is, that proufe and triall may be had of my trueth herein, and vvhat my deseruinges hath beene for the vvhole time of my abode there. In due search and examinacion hereof I doubt not but there shal fall out matter betvvixte vs, either of muche simplicitie and trueth, or els of great crafte and falsehoode, either of honest, vertuous, and godly, or els dishonest, vicious, and vngodly vsage, and either of muche light, learninge, and knovvledge, or els of very grosse ignoraunce, and palpable darkenes, let it fall [Page] and light on the vvhiche side it shall happe, vppon the triall and examination made, I doubt not by Goddes helpe, but that your honour shall haue a full shevve and a sufficient proufe made of euery thinge that hath passed betvveene vs. There may be deniall made for a shifte and some shorte time, but for any longe time it may not possible endure, euery thinge being so openly committed and done, so diuerse and many beinge of knovvledge and vvitnes thereof.

The B. of Wynchester.

To this challendge of promise breache, in these sixe pointes: Truely I know not of any rumour spredde of you, by any of my seruauntes, or otherwise that yée subscribed to any Articles, ne, yet euer herde any thing hereof, before I sawe the same reporte in your booke published: And if any suche rumour were spredde by any my seruauntes or other, you shoulde haue named him, that he might receiue condigne punishment therefore.

Seconde, as to the further rumour of your Recantation, I say likewise I vnderstoode nothinge but by your owne reporte in your booke, and therefore referringe the Authour to be punished accordingly, I thinke the punishment ought to light vppon your selfe.

Thirdly, as to my chardge of your changynge in Religion. ix. times, yée. xix. times, I said so and that truely vppon proufe of your vnconstant affirminge and denying, not so fewe times, as I had good experience oft in you, and can haue witnes in the same.

Fourthly, touchinge your abusing by M. Denny, yée misreporte the Gentleman, as to any thinge that euer was spoken before me. But if any suche were, it was as I herde say at my retourne home (for I was abroade in preachynge whan suche scoffinge talke was betwixte you) by occasion of some talke mynistred on your parte to [Page] M. Denny, partely by waie of merie talke betwixte you twaine, & partely sturred vp by your vnséemely woord [...], and yet none of all these in my hearinge. But in the last date, whan I restraigned your libertie, you did so much before me at my table prouoke the saide gentleman by calling him Epicure, for that he fasted not as ye saide, that I, fearing least M. Denny like a younge man should geue some euil woords againe, willed him to say nothing, for that I my selfe woulde answeare the matter for him: Mine answeare was, that I meruailed why you woulde call him Epicure: for if you so thought, because he did eate fleashe, & neuer fyshe, I saide, he might so well fast with fleashe, as with fishe: but if it were for that he vsed not abstinency, I saide in that M. Denny did more then you: for where you had euery daie in the wéeke your thrée meales, frydaie and other, the gentleman was contented thrée daies in a weeke, with one meale a daie, and neuer dyd eate aboue two. And as it is vntrue, yt either M. Denny was a man to you vtterly vnknowen, beynge conuersant togeather in one house a quarter of a yeere before, and in familiar company, yea sought many times by you to play at the bowles, to walke in the parke, & to be mery togeather: so is it also vntrue, that I hearde you so abused as I coulde or did like therein, and so vntruely dooe you surmise, that I shoulde procure M. Denny, by any meanes to abuse you, as yee malitiousely conceiue of me.

Fiftely, as to the restrainte of your liberty, whiche you cal close imprisōment, to haue ben for these talkes betwixte M. Denny and you, within one howre after: You knowe right well, that your restrainte was not vppon that occasion, but vpon your seemely behauiour aboute other matters, whereof ye make no mention, least you shoulde haue prooued your selfe a Lyer. After I had in [Page] fewe woordes calmed the storme that séemed would aryse betwixt M. Denny and you. I entred into talke with you in matters of Religion, as I was wont to doo daily before. The talke was of veniall & mortall sinne: you haue not forgotten the occasion, I am sure: for if you haue in your remembraunce the Monkish Iebusites, you cal them Iesuytes, you may remember that a crosse that came from them, gaue the occasion of the talke in that matter. I proued that no sinne is so veniall as it coulde be remitted by any ceremony: yea, there is no sinne but the same of it selfe is mortall, and yet venyall, to be purged by the merites of Christe onely: and that all sinnes, were they neuer so mortall, were neuerthelesse venyal, sauing al only the sinne against the holy Ghost, whiche is irremissible. For this my saiyng, and other pointes whiche I condemned, ye fell into suche a rage, that ye not onely rayled against the Bishop of Sarisbury, saiynge: he was vtterly vnlearned, and that he should neuer be hable to answere M. Hardinges booke, but also openly called me almoste in plaine termes Heretique, and said, my doctrine which I preached (yet ye would neuer heare me) was erroneous, filihy, and blasphemous: so filthely your blasphemous mouth, coulde raile against Gods truthe. Whereupon, I, to state you, said alonely that those were vnmannerly wordes to be spoken at myne owne table: and therfore would as than saye no more openly vnto you there, but tolde you that after dynner I would shewe you more of my minde, betwixt you & me. And so shortly after dinner, I came vp to you, and there calling you into the Gallorie of my house, adioyning to your chamber, I put you in remēbraunce of that which I had before oftentimes admonished you, of your outragious talke in myne absence, vsed oftentimes openly at my table, whereof I had sondry tymes geuen you warninge, [Page] for that the same might breede perill to your selfe, blame to me, and offence to others. And bicause I founde stil the continuance of that your misorder: yea, to be muche more vehement many times in mine absence than in my presence: Therfore I willed you thenceforth to absteine from conferring with any man in any wise at all, adding that you should haue to your chamber, all thinges necessary, & what meate you woulde competently appointe for your owne diet, whiche ye had accordingly. And although I did restraine you from comming to my table, or to goe so muche at large as you had doon: yet had you no other keper than you had before, which was your owne man: you had a faire Gallory adioyning to your chamber, openinge to my parke, your seruaunt a chamber by him selfe, nexte to yours, ye had Leades faire and large, on the whiche ye might walke, and haue prospect bothe ouer the Parkes, Gardeins, and Orchardes. And therewith thrise in the weake at the least, whiles I laye at Waltham, with one by me appointed, you walked abroade into the Parkes, Garden, and Orchard: and this you call your close empriprisonment. Sixthly, touching my complaint to the most honourable of you, whereby you were remitted prisoner againe to the Tower, what the same was, their honours can well declare, if their pleasure so be: beinge suer that I haue not broken promise with you hetherto, in vttering your opiniō against the Lawes of the Realme, as I haue before said, whiche ye shewed at any time in the priuate conference. And so ye haue not any cause to challenge me in that behalfe.

To conclude, by the premisses it may appeare to the honourable as by a tast, what sinceritie there is in you. Againe, that this your quarreling and beliynge me by spreadyng this booke, was and is chiefly, to recouer your [Page] credit with those of your faction: who as I haue said, had conceiued some doubt of your reuolt, and to cōfirme them in their grounded errour, and herewith to bring me and other suche as I am, into obloquy and hatred. And lastly, to impugne & barke against the Q. Maiesties Lawfull and due authoritie, whiche you and your complices daily labour to subuert: which matter I referre to be further considered, by the graue wisdome of the moste honourable.

FINIS.

§

§

[Page] [Page] AN ANSVVEARE Made by Rob. Bishoppe of VVynchester, to a Booke entituled, THE DECLARATION OF SVCHE Scruples, and staies of Conscience, touchinge the Othe of the Supremacy, as M. Iohn Fekenham, by vvrytinge did deliuer vnto the L. Bishop of VVinchester, vvith his Resolutions made thereunto.

DEC. C. 23. Q. 5. Let the Princes of the worlde knowe, that they of duetie shal rendre an accompte to God for the Church, whiche they haue taken of Christe to praeserue. For whether the Peace and Discipline of the Churche be encreased by faithfull Princes, or it be loosed, he dooth exacte of them an accompte, who hath deliuered his Churche, to be committed to their power.

Imprinted at London in Fleetstreate, at the signe of the Oliphante, by Henry VVykes. Anno. 1566.

The Praeface.

[Page]

[Page]

IT is nowe an whole yéere paste, since I herde of a booke secretely scattered abroade by M. Fekenham emonge his fréendes: And in April laste I came by a copie therof. When I had redde the booke, and perceiued bothe the matter and the maner of the mannes dooynges therein: I sawe his proofes so sclendre: and his maner of dealinge so shameles: that I stoode in doubte what to doo, whether to discouer the man by writinge, or to shake him of with silence. If I had not séene a further meaninge in his settinge foorth and publishinge the booke, then he durste plainely vtter, or then his cunninge coulde by any meanes Answeare vnto: or then, that I with a good conscience mought haue neglected: I woulde haue paste it ouer with silence, as a péece of woorke not woorthie of Answeare. But séeing the chiefe ende and principall purpose intended, as may be iustly gathered in publishyng the booke, was, to ingrafte in the mindes of the subiectes a mislikyng of the Quéenes Maiestie, as though she vsurped a power, and authoritie in Ecclesiasticall matters, whereto she hath no righte: to sclandre the whole Realme, as though it were stranged and directly against the Catholike Churche, renouncinge and refusinge to haue Communion therewith: And vndre my name to deface the mynisters of Christes Churche: I coulde not choose, oneles I woulde wilfully neglect my duetie to her Maiestie, shewe my selfe ouermuch vnkinde vnto my natiue Countrey, and altogeather become [Page] carelesse of the Churche Mynisterie, but take penne in hande, and shape him a ful and plaine answeare, without any curiositie. Wherein I folowe the order of M. Fekenhams booke: I make the proofes accordyng to his request: and besides my proofes foorth of the Scriptures, the auncient Doctours, the Generall councelles and Nationall: I make proofe by the continuall practice of the Churche, in like gouernement as the Quéenes Maiestie taketh vpon her, and that, by suche Authors, for a great sort of them, as are the more to be credited in this matter, for that they were moste earnest fautours of the Romishe sea, infected as the times weare, with muche superstition, and did attribute vnto the sea of Rome, and so to the whole Cleargie so muche authoritie in Churche matters, as they mighte, and muche more then they ought to haue done. Their iudgementes and sentences shall appeare in readinge by the forme of letter: for leuinge foorth the Latine to auoide tediousnes, I haue put into English the Authours mindes and sentences, and caused them, for the moste parte, to be Printed in Latine letters, that the English reader may know and decerne the Authours sayinges from mine.

If this that I haue done, woorke that effect in the Englishe Reader whiche he ought to séeke, and I doo wishe, I haue wonne that I wrought for: but otherwise, let men saie and iudge what they liste, I haue discharged my conscience and shewed the trueth. Anno Domini. 1565. Feb. 25.

Rob. Wynchester.

Information about this book

Title statement

An ansvveare made by Rob. Bishoppe of VVynchester, to a booke entituled, The declaration of suche scruples, and staies of conscience, touchinge the Othe of the Supremacy, as M. Iohn Fekenham, by vvrytinge did deliuer vnto the L. Bishop of VVinchester vvith his resolutions made thereunto.

Horne, Robert, 1519?-1580.

Edition statement

1566

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Publisher

Text Creation Partnership,

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Ann Arbor, MI ; Oxford (UK) :

Date

2008-09 (EEBO-TCP Phase 1).

ID [DLPS]

A03691

ID [STC]

STC 13818

ID [STC]

ESTC S104234

ID [EEBO-CITATION]

99839973

ID [PROQUEST]

99839973

ID [VID]

4439

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(EEBO-TCP ; phase 1, no. A03691)

Transcribed from: (Early English Books Online ; image set 4439)

Images scanned from microfilm: (Early English books, 1475-1640 ; 548:8)

Source

— An ansvveare made by Rob. Bishoppe of VVynchester, to a booke entituled, The declaration of suche scruples, and staies of conscience, touchinge the Othe of the Supremacy, as M. Iohn Fekenham, by vvrytinge did deliuer vnto the L. Bishop of VVinchester vvith his resolutions made thereunto., Horne, Robert, 1519?-1580., Feckenham, John de, 1518?-1585..

Extent

[2], 130 leaves

In Fleetstreate, at the signe of the Oliphante, by Henry VVykes,. Imprinted at London :: Anno. 1566.. (Rob. Bishoppe of Wynchester = Robert Horne.) (With the text of Feckenham's book, not known to have survived separately.) (Running title reads: An ansvveare to M. Feckenham.) (Reproduction of the original in the Henry E. Huntington Library and Art Gallery.)

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