A REPORT OF A DISCOURSE CONCERNING SVpreme power in affairs of Religion. Manifesting That this power is a right of Regality, inseparably annexed to the Sovereignty of every State: and that it is a thing both extremely dangerous, and contrary to the use of all ancient Empires and Commonwealths, to acknowledge the same in a foreign Prince. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. AT LONDON Imprinted by F. K. for john hardy, and are to be sold by john Flasket, dwelling at the sign of the black Bear in Paul's Church yard. 1606. THE SUMMARIE. 1 THe occasion of this discourse. 2 The proposition: That supreme power in Ecclesiastical affairs is a right of Sovereignty. 3 Sovereign or majestical power must be perpetual. 4 Sovereign power must also be absolute. 5 Affairs of greatest importance are annexed to the Sovereign Majesty. 6 Nothing in a State of so great importance as is Religion. 7 Affairs of Religion are to be managed by those who bear the Sovereignty. 8 It is dangerous for others to be depended upon in regard of Religion. 9 Two policies anciently observed for avoiding these dangers: To exclude external ceremonies; and to commit the ordering of matters in Religion, to the Sovereign authority within the State. 10 Instance of the first. 11 The second practised by the jews. 12 By the Egyptians. 13 By divers other people. 14 In the Empire of Assyria. 15 In the Empire of Persia. 16 In the Empire and principal States of Greece. 17 In the Empire of Rome under the government of Kings. 18 In the popular State of the Roman Empire. 19 In the Roman Empire under heathen Emperors. 20 In the Roman Empire, under the first Christian emperors. 21 Matters of external or accidental form in the Church, depended altogether upon the first Christian emperors. 22 Many laws of the first Christian emperors attributed unto Popes. 23 Matters of Faith or of Essential form, ordered by direction and authority of the first Christian emperors. 24 The eight general Counsels called and confirmed by Emperors. 25 A strife between the Bishops of Rome and Constantinople, whether should be greatest. 26 divers Emperors favoured the Bishops of Constantinople. 27 By giving this prerogative to the Bishops of Rome, the East Empire was dismembered. 28 The absolute power of the Bishops of Rome in Ecclesiastical affairs, reduced the West Empire not only to a feeble state; but to be held in Vassalage to the Sea of Rome. 29 By the same power the Bishops of Rome claimed Sovereignty also, over divers principal kingdoms in Europe, and generally over all States in the world. 30 divers distresses by this means occasioned. 31 The Conclusion. 32 Certain questions propounded. TO HIS HONOURABLE FRIEND SIR I. P. Knight. SIr, holding myself beholding unto you, for many kind courtesies, I cannot but oftentimes bend and busy my devise, to think how (in some sort) to thank you for the same; and if not fully to discharge, yet freely to acknowledge and profess my debt: to satisfy (I say) in desire, when in deed I am not able. But, howsoever in other performances I shall be weak, yet I will not fail to leave a large memory of your true habit of honesty and virtue: and in the mean season not omit to visit you with such exercises of pen, as the straightness of other occasions shall permit me leisure to contrive. For this present I have made choice to present unto you, a small enlargement of certain passages of speech, lately raised at the table of N. which, being much frequented by persons of most principal note, hath commonly the great variety of dishes, answered with like variety of discourse. The first part of the dinner was passed over in a sad and sober silence, our tongues seeming to give place to the office of our teeth; and every man commending the goodness of our fare, by close feeding upon the same. At the last silence was broken, and some speeches spent in matters of conceit. In which vein one of the company took often occasion to speak of a Terrible blow; alluding to the same words in that letter, whereby the late practice against his Majesty and the whole body of the State, was beaten out and brought into light. Hereupon N. did break forth into a liberal commendation of the Lord Mounteagle, to whom the letter was directed: affirming, that he was a parsonage of true honour and merit, for that by his felicity and faith, not only the lives of many thousand particular persons, and whatsoever else was dearest unto them, but the life also of this Empire was at that time preserved; that his high Nobility, ennobled and made precious both with courtesy and magnanimity, had now justly placed him in the foremost rank of same. He proceeded to declare, the fashion of that hot and hateful attempt: what fair opportunity was thereby opened to secure ourselves, from the fiery fury of those homebred enemies, who, rather than we should not be destroyed, would overwhelm us in the ruins of the state: That severity could not hereupon be interpreted cruelty; that hereupon nothing could be interpreted to be done in regard of religion, but only for the necessary defence of our safety. This speech was diversly taken, according as affections were diversely disposed; some did lively, some faintly, and (as it was conjectured) feignedly approve it; none did openly oppose against it. From this, they fell to talk of the Bill propounded in Parliament against Recusants; and of the Oath of supremacy, which was appointed generally to be taken. Of the first they did but sparingly speak, as being a matter then handled in highest place of deliberation: upon the second they maintained a longer stay. N. repeated many conveniences for which this Oath ought generally to be taken. Whereto a certain Knight replied, not directly contradicting him, but involving his intents in such soft and nice distinctions, that he seemed rather to declare that he would not have the Oath imposed at all, then in what fashion he would have it imposed. These obscure speeches having bred some incertainty, whilst every man rather conjectured then assured what should be meant: and controversies of conveniency being not always easy to be determined by way of discourse, because all men are apt to attribute much to their own conceits; I drew the question to a higher degree. Affirming, that it seemed not only convenient, but necessary also in all grounds and reasons of State, that a King who acknowledgeth no superior under God, should be acknowledged to have supreme authority under God in Ecclesiastical affairs: That this is a principal point of Regality, and therefore necessarily annexed to the sovereign majesty of every state: That it is a hard matter if not impossible, for any nation, either to grow or long time to continue very great, wherein a foreign power doth hold the regiment in Religion: That in all ancient Empires and Common wealths it hath been used, That; I could not finish that which I was about to speak, being interrupted by a confused clamour of three or four at the table, who esteemed that which I had said, not for a paradox, but for an Adoxe, or flat absurdity: seeing many Christian countries, both lately and at this present, have admitted foreign government in matters of religion. By this time the Basins and Ewers were set upon the table, and all of us were attentive to the giving of thanks. After we had washed, and the cloth was taken away. N. in this sort renewed speech. What hath been the use of ancient Empires and Commonwealths, concerning supreme government in matters pertaining to religion, I have not (I do confess) observed: But it seemeth indeed, that the political government in Ecclesiastical affairs should be a point of Regality; and that it is a hard matter, if not impossible, for any state either to grow or long time to continue very great, wherein a foreign power doth hold the regiment in religion. At the least, either to grow or continue any greater, than that foreign power shall think expedient. That which from me was openly rejected, being allowed by N. and in the very same words by him repeated, found good acceptance among the rest. Whereupon I took occasion to say, that speech (I perceived) was oftentimes like unto coin, which passed for currant, not in regard of the metal only, but chiefly in regard of the stamp that was set upon it. Nay, said N. beautifying his speech with a courteous smile, we will also bring your metal to the touch. There is but one truth in religion, which is not subject to any human power: but the discipline thereof, or matters of circumstance and external form, are held by our Church to depend upon the power of the Prince. If question be made touching matter of substance, the same also may be determined within the realm, by the Clergy thereof, assembled together by authority of the Prince. Or if the Clergy of any other country should be taken to assistance or advice, they come as equals, and not as superiors. For so Eusebius a Euseb. lib. 6. cap. 34. reporteth, that Cyprian Bishop of Carthage did advise with the Bishop of Rome, concerning the affairs of the Church: and that Dyonise of Alexandria b Euseb. lib. 6. cap. 46. & lib. 7. cap. 5. & 9 advised in like sort with Cornelius, Stephen and Sixtus Bishops of Rome, without attributing unto them either title or quality, otherwise then as men of their own order and rank. Now, I have read many controversies in Divinity concerning this question, whereof the multitude doth rather cloy then content; and therefore I will not embark you in that disputation. If you can make proof out of other writers, that this authority in matters of religion, is a right of Regality, it will follow (I suppose) that it cannot without apparent danger depend upon a foreign power. If also you do manifest, that in all principal Empires and Commonwealths, this authority hath been exercised by the chief in state, you may probably conclude that it is a Regality. For these rights do little vary, but remain in a manner the very same in all states, of what kind soever they are. And although true religion is revealed unto us by God, yet religion in the general proceedeth from nature; in regard whereof, there is some coherence and community in all sorts of religions; as to acknowledge that there is a God; to worship him; to worship him by oblation and sacrifice etc. For although all nations do not acknowledge and worship the true God, yet there is no nation (as Cicero c De Nat. deo. lib. 1. saith) which doth not both acknowledge and adore some. These general points which naturally, or by consent of nations are common in religion, may well be considered without contending which religion in particular is true. For this will hardly by all parties be agreed: because every man (as Philo saith d Phil. de leg●●. ) either by use or by instruction judgeth his own religion best. So e Chrysost. in Act. homil. 33. Chrysostome affirmeth, that in all differences of religion, every man will say, I say true f Singuli dicunt, ego verum dico. . But this argument which you have propounded being new; this point being not pointed at by any whom I have seen, I would gladly here you fortify the same. The argument being new (answered I) and now newly raised into question, you must not engage your expectation too far; I shall do much, if I minister some matter for better judgements to work into form. The rights of Sovereignty or of majesty, so termed by Cicero; and by Livy, the rights of Empire, and of Imperial Majesty; by Tacitus, sacraregni; by Aristotle, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; by the Lawyers, Sacra sacrorum; sacra individua; iura sublimia; by the Feudistes, iura regalia; are nothing else, but an absolute and perpetual power, to exercise the highest actions and affairs in some cretaine state. These are the proper qualities of Sovereign or Majestical power; that it be both absolute and also perpetual. If it be absolute but not perpetual, th●n is it not sovereign; for such power hath been oftentimes committed, by the Romans to their Dictator's, by the Lacedæmonians to their Harmostes; by many Kings to their Regent's, Viceroys or Lieutenants. But because they have no propriety of power inherent in them, but only an execution or exercise thereof committed to their charge, under limitation of time; because also it may upon just cause be revoked within that time; they are not accounted to have the same in Sovereignty. And this holdeth true, although such power be committed for a very long time; as the Athenians did to their great Archos for ten years: although it be committed also in a most ample manner, which the ancient Latins called optima lege, without controlment or account; such as had the Pontifices in Rome; or as the Cuidians every year chose 60. of their Citizens whom for this cause they called Amimones; that is, men without imputation or account. And lastly, although it be without certain limitation of time; as sometimes had the Regent's of France, created for the infancy, fury or absence of their King; who before the law of Charles the fifth, dispatched matters in their proper name. Again, if it be perpetual but not absolute, as either depending upon some other, or else given either upon charge, or with exception and restraint, then is it not sovereign. For such power was given by decree of Charles the fifth Emperor to the Senate of Milan; To confirm the constitutions of the Prince, as also to infirm and abrogate the same; to dispense contrary to the statutes; to make enablements, give prerogatives, grant restitutions etc. that no appeal should be made from the Senate etc. And whatsoever they should do, should have like force as if it were done or decreed by the Prince. g Non tamen possit delictorum veniam tributre, aut litteras saluiconductus reis criminum dare. Yet might they not grant pardon for offences, or give letters of safe conduct unto parties convicted. So likewise in the ancient form of inaugurating the Kings of Arragon, the great Magistrate or justice said thus unto him: We who are in virtue not inferior, and in power greater than thyself, create thee King; yet with this condition, that one amongst us shall have more power and command then thyself. I will not particularly rehearse what actions are proper unto sovereign power: generally it may be said, that those affairs of state, which are of greatest importance and weight, are annexed unto the sovereign Majesty, and cannot be separated from the same. For, because some matters are of so high nature, that upon the ordering of them dependeth, not only the honour and dignity, but the safety also and liberty of the people; not the flourishing constitution only, but the very life and being of the Commonwealth; it hath been thought fit by general consent of Nations, that they cannot be managed by any other authority, than that wherein the sovereignty is settled; whether it be in one man, as in a Monarchy; or in a few, as in an Aristocrace; or in all, as in a popular or democratical government. They cannot be usurped, they cannot be h Alex. in l. filiae qua de lib. & post. Card. Flor. & jas. in prooem. s●●●. Mart. l and. in c. 1. qui feud. da. Imola. in Rub. ae ●e●b. oblige. prescribed they cannot be distracted or aliened from the same, they cannot be absolutely exercised by any other, than by them who bear the supreme Majesty. They to whose trust a Commonweal is committed, must order the chiefest affairs of the same: they who are appointed for the very head of a society, must give both direction and motion to the principal actions of the whole body. And therefore they are termed sacra sacrorum i Baid. in prooem. feud. , as hath been said; and also, iura individua k Cyn. in l. si viva. c. de bo mat. Bald in auth. hoc amplius. c. de side● come. Ang. Bald. in l. om●es C. de prescript. Plat. in l. si quis decurto. Feli. in Rub de praese 10. And● in cap. ult. de praeb. lib. 6. Alex. cons. 141. lib. 1. no. 2. because they are (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) the firm foundation and groundwork of a state, and can no ways be separated from the sovereignty thereof. But there is nothing in a Commonwealth of so high nature, nothing of so important weight, as is Religion; for this conserveth families, as Euripides l In Bacchis: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. testifieth, and is a most excellent ornament in a City m Eu●●p. 〈◊〉 supplic. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. : yea, Lactantius affirmeth it the only means to knit and conserve men in mutual society n Trast. de ●ra. cap. 12. re●●gto & ●imor deisolus est qui custodit hominam inter sesoctetatc●. : and that without religion the life of man would be filled with all foolishness, madness and mischief. So likewise Plutarch o Plut. contra Colot. calleth religion, the band which containeth all societies, and the very foundation of justice and laws p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. . For as a building cannot be either fair or firm, if the foundation be not fairly and firmly laid; so if there be defect in this part of government, the whole frame of state will be neither seemly nor yet sure. Sinesius saith q Orat. de regno. ; First let piety be settled, the base and pillar whereupon this Statue of a kingdom shall firmly stand r 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. . Plutareh s Plut. contra Colot. was of opinion, that a City might more easily be built and not upon the ground, than a Commonwealth either constituted or conserved, if you take away Religion t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. . And therefore Numa in Livy u ●●u lib. 1. did first of all establish Religion as a most effectual thing to settle the unskilful multitude x Omntum primum rem ad multitudinem imperitam efficacissima, deorum metum inveiend● ratus. . Afterwards also Valerius y Valcr. lib. 1. cap. 1. witnesseth, that the City of Rome made less estimation of all things than of Religion z Om●ia post religi●●en ponenda ciuita● nostra duxit. . For this cause likewise Aristotle a Arist. 7. P●l●t. cap. 8. affirmeth, that the principal care in a Common wealth must be concerning matters of Religion b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. . First, for that it settleth obe●tence and quiet within the state; being a bridle to retain men in order and in awe: for so Cyrus reasoneth in Xenophon c Xenoph. P●d. lib. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. : If all men should be religiously affected they would bear themselves more just and upright in carriage, both among themselves and towards him. Secondly, for that it is an assured defence; for so Trismegast●s saith d A●ud La●tantium 11. inst cap. 16. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. ; Piety is a custody and defence. Thirdly, for that it advanceth victories abroad: For so Cicero e Cic orat de 〈◊〉. rest on non call●ditate ●word ●robo●c sed pie●a●e ac relligione omnes gentes nation 〈◊〉 super au●sse. advoweth, that, not by policy, not by power, but by piety and religion, the Romans vanquished all other nations. And so Valerius hath written: f Va 〈◊〉 lib. 1. cap. 1. Non dubitaverunt sacris imperia seraire: it's sererum humanarum futura regimen existimantia, si divinae po●●●●●ae bene atque constaater essent samelata. Empires have not thought much to submit themselves to sacred service, supposing to obtain the rule of human affairs, if they were we and constantly serviceable in divine. Also the Poets; g H●rat. This te minorem quod geris, imperas. Generally, for that in all affairs whether public or private, it draweth our endeavours to a prosperous event, for the most part better found in the end, than it can be conjectured by the means. For so Aristotle did acknowledge h Arist. Rhet. ad Alex. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. , That God is more favourable and inclinable to those by whom he is most honoured. On the contrary, it is impossible for that State to stand, much less to flourish and thrive, where those two extremes of religion are highly in strength, whereto Plutarch i Plut. in Camillo. saith, the weakness of man is exceeding prone; k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. the one is vain superstition; l 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. the other is cold carelessness and proud contempt. The first Plutarch m Plut. in Sertorio. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. doth appropriate to barbarous people; Seneca n Senec. epist. 124. Superstitio error insanus est, am●dos colit, quos colit violate. termeth it a mad error: Cicero o Cic. 1. de sivib. superstitione qui est imbutus, quietus esse non potest. saith that it stirreth the minds of men and maketh them unquiet. And that it breaketh the courage and heart, Lucretius doth in these words affirm: Faciunt animos humiles formidine diuûm depressosque premunt ad terram. The second is called by Hermes, p Herm. cap. 12. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. a great disease and sickness of the soul, making it inclinable to all actions that are evil. From hence ariseth discord and disturbance in the state: from hence Cicero q Cic. 5. in Ver. omnia prospera eveniunt colentibus D●os, adversa speraeatibus. saith, great calamities are cast upon it: which is also confirmed by that of Horace: Di multa neglecti dederunt, Hesperiae mala luctuosae. For these causes Cicero r De nat. deo li. 2. eorum imperus remp. amplificatam qui religio●●●s paruissent. observed, that the Commonwealth of the Romans was most enlarged under the command of them, who had religion in regard. After him Constantine the Emperor left written, s l. 16. in qualibet. de Episc. & cle. C. Theod. that a Commonwealth is contained in order, more by religion then by travail of body. And justinian also professed, t Novel. 42. circa fi. that he was the more careful about the government of the Church, because, If that be kept in good fashion and form, the other parts of government shall thereby be redressed u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. . Hereupon also it is necessarily expedient, that they who bear the sovereignty of State, should always manage the affairs of religion; either by themselves, or by some at their appointment within the same State; and never receive direction and rule from a foreign power. For the Church (saith Optatus) is a part of the State: and (as another said) x Afer episc. Religio debet esse in rep. non contra. Religion must be in a Commonwealth, and not the contrary. Upon which ground Diotogenes in Stoboeus said; A perfect King must of necessity be a good Commander, and judge, and Priest y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And again: the best must be held in honour by the best, and that which ruleth by him that beareth rule z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. . But Aristotle in this point is most express, (For I must often cite these Authors to give satisfaction unto those, who regard more by whom a thing is spoken, than what is said.) a Arist. Polit. lib. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The King (saith he) is ruler and director of those things that pertain unto the Gods. Whereunto somewhat agreeth that of justine; b justin. lib. 8. jure ille à dijs proximus habetur, per quem deorum maiestas vindicatur. he is accounted next unto God by whom the Majesty of God is maintained. For, how should he be esteemed a Sovereign, who, in the greatest actions and affairs of the State, acknowledgeth the jurisdiction of another greater than himself? what majesty should he be adjudged to bear, who is under the authority of another man? to reverse his judgements, to correct his laws, to restrain or constrain him at pleasure and with case? Religion is seated within the soul and conscience of man, and is a most potent ruler of the same. The life (saith Pliny c Lib. 14. nat. hist. Religione vitae constat. ) consisteth in religion. If then the consciences of a people be commanded by a stranger, if their souls be subject to a foreign power, if their lives be at the service of an external Prince; it is but a weak, but a dead dominion, which the natural Prince shall hold over their bodies. That Prince whose subjects souls are in subjection to a stranger for matters of religion, shall neither prevail more against his enemies, nor bear greater authority amongst his own people, than that stranger shall limit him leave. All men of themselves are moved with religion d Cic. in 5. in Verrem. omnes religione moventur. , but when they are also thrust on by those, who make it their purchase (as Livy speaketh e tiu lib. 4. quibus quaestui sunt capti superstitione animi. ) to possess souls with superstition, then do they not inconsiderately only, but in a wild fury run and rush upon most desperate adventures. The multitude (saith Curtius f Curt. lib. 4. ubi vana religione capta est, melius vatibus quam ducibus suis paret. ) being weak, fierce and mutable, when it is once possessed with vain religion, is more obedient to their Priests, then to their Commander or Prince. Diodorus Siculus g Lib. 6. cap. 10 hath a memorable History concerning this point, of the Priests of jupiter, in the Island Meroe, environed with the river Niliu; who held the people of Aethiopia in so superstitious dependency upon them, that they would send to them at pleasure, and give in charge the slaughter of their Kings; no man making offer either to deny or to delay their cruel command. until Ergamenes, a King of Aethiopia suddenly surprised and slew them all, whereby both their office and authority did surcease. Florus h Flo. 3. cap. 16. writeth that Eunus a slave counterfeiting a fanatical fury, and pretending some divine inspiration, was able to see 60. thousand armed men in the face of the Romans, even in the principal time of their policy and strength; being then hardly able to deliver Sicilia from his subjection. josephus reporteth i Ioseph. 2. bell. jud. cap. 12. of an Egyptian in the time of the Emperor Claudius, who bearing himself to be a Prophet, under that pretext adjoined 30. thousand men unto him, in the country of judea; with whom he maintained head against the forces of the Romans. Tacitus k Tac. 2. hist. writeth the like of Maricus, who giving forth that he was the God and deliverer of Gallia, drew 8. thousand men unto him, with whom he attempted against the Roman garrisons. One of our late writers l Bodin. lib. 1. reporteth, that because in one chapter of the Alcoron, all the mussulman Princes are forbidden to call themselves Lords, except their Caliph or great Vicar of their Prophet Muhamed, by colour thereof, the Mahometan Bishops usurped absolute sovereignty, above all their Princes; disposing of principalities at their pleasure, under the name and title of governments. At last the Muselman Princes supposing that Chapter not to have been inserted by Mahamed their Lawgiver, but by their Caliphs, for advancing their own authority, at such time when of divers corrupt Alcorons they composed one, long time after the death of Muhamed; they took advantage of a division among their great Bishops, when three of them did take upon them the title of great Caliph together, and thereupon the Princes of Persia, the Curds, the Turks, the Tartars, the Sultan's of Egypt, the Kings of Marrocco, of Fez, of Telensin, of Tanes, of Bugia, the people of Zenetes, and of Luntune quitted themselves of their obeisance to the Caliphs, and maintained Sovereignty within their states. Elmahel in Africa m Leo. lib. 2. , having gained a great opinion of sanctity among the people of Morocco, raised them against Abraham their King, and despoiled him both of his Empire and life. n Leo. lib. 3. With like industry and art an other impostor called Chemin Mennal stirred the people against the King of Fez, and constrained him by arms to yield unto him the kingdom of Temesna. o Annal. Turc. Schacoculis being of the sect of the Persians, by pretence of piety gathered such strength, that he took many Cities in Asia, overthrew the Turks forces in three great battles, and brought his whole Empire to a dangerous distress. How john of Leiden, a Tailor by his trade, set all Germany in uproar and in arms, by bearing himself to be a principal man in religion, it scarce exceedeth the memory of this present age. And what practices in this kind, have been either achieved or attempted in other Christian countries, I shall have occasion hereafter to touch. But for avoiding of these and the like dangers, I find that two policies were anciently observed. One consisted in excluding all external ceremonies and rites: the other was, in commuting the government for matters of Religion, to the sovereign power and authority in the State. In regard of the first, the jews would not converse or accompany a man who was not of their own religion. Among the Grecians, Socrates and Protagoras were condemned, Anaxagoras and Aristotle were accused for holding opinions contrary to their received religion. josephus writeth p joseph. lib. 2. co●it. sp●●●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. , that the Athenians had a severe law against any man who should speak a word in religion, against that which was established by law. The Scythians put Anacharsis to death, for performing the tites of Bacchus after the manner of the Grecians. Livy writeth that among the Romans, the Aediles received in part of their charge, q Ne qui ●isi Romani dij, neue alto more quam patrio colerc●tur. that no external religion or ceremony should be brought in. And to the same purpose M. Aemilius recited a decree; r Liu. lib. 15. ne quis in publico sacroue loco, novo au● externo ritu sacrificaret. that no man should sacrifice in a public or sacred place, after a new or external rite. How often (saith the same Livy s Lib. 39 quoties patrum avorumque aetate negotiu magisti, atibus datum est, ut sacra externa sicri vitarent. ) have our fathers and ancestors given charge to the Magistrates, that external ceremonies should be forbidden? Maecenas in Dio t Dio lib. 52. gave this exhortation and advice to Augustus; u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Observe religion after the fashion of your country, and compel others to do the like: but those who bring in strange and foreign rites, hate and correct; because they persuade many to work alterations, from whence conspiracies, and seditions are oftentimes occasioned. Concerning the second point, justine x justin lib. 36. mos est apud judaeos, ut cosdem reges & sacerdotes habere. reporteth that it was a custom among the jews, to have the same men both Princes and Priests. This was at sometimes true in the government of the jews. At other times the Kings gave order in matters of religion, and appointed not only inferior Priests and officers (as did josias y 2. Chron. 35. 2. ) but also high Priests (as did King Solomon z 1. Reg. 2. 25. ) to execute the same. For this cause Moses left in charge a Deut. 17. 19 , that the King should read in the book of the law all the days of his life; that he might learn to fear the Lord his God, and to keep all the words of that law, and those ordinances for to dee them. For this cause also they were sacred with oil, to declare (saith Eusebius b Lib. 1. Ecclesihist. ) both their duty and authority in matters of religion. From hence it proceeded, that as the Kings proved good or evil, so the true religion was either observed or neglected. From hence also Tacitus c Lib. 3. hist. judaeis sacerabtij hon●s firmamentum potentiae erat. hath written: The honour of Priesthood is a great assurance of power to the jews. The Scriptures do further testify, that Melchisedeen was both King and Priest; and that Balak King of Moab offered sacrifice together with Balaam. The Egyptians from amongst whom the jews were extracted, and with whom they communicated in many ceremonies, are reported likewise by some, to have annexed the royal and priestly dignity together. Marcilius Ficinus affirmeth e In praef. lib. Trismeg. out of Plato, and Severus in Stob●●us f Serm 41. that their custom was to elect Priests out of their Philosophers: and out of their Priests, whom Diodorus g Lib. 2. cap. 3. placeth next in dignity to the King (as Strabo h Strab. lib. 11. writeth of the Priests of the Albans) to make choice of the best approved for their King. Whereupon Mercurius the grandchild of that Mercury, who was son to jupiter and Maia, being called by the Egyptians Tenot, by the Grecians was named Trismegistus, which signifieth thrice greatest, because he was the greatest Philosopher (for so is he also termed by Tertullian i Adverse. Valent. ) the greatest Priest and the greatest King; although Suidas conjectureth that name to be given him, because he did expressly write of the Trinity. Strabo saith k Stra. lib. 5. , that in Aritia he was a King who was Priest of Diana; the same is confirmed by Suetonius l In Calig c. 35 , and mentioned by divers Poets, namely Ovid m De arte amand. lib. 1. . Ecce suburbanae templum nemorale Dianae, Partaque per gladios regna nocente man. And Lucan n Lib 3. ; Quadratus sublime nemus Scythicae qua templa Diana. And Valer. Flaccus o Argonant. lib. 2 ; — Etsol● non mitis Aritia regt. And la●tly by Martial p Epigram. 64. lib. 9 ; Qua tri●ne nemerosa petit, dum regna viator Octawm demina marmor ab urbe legit. The like doth Hartius q I● bell. Alexand. report to be observed in the Temple of Be●ona, in Cappadocia. The like also doth Virgil r Aeneid. 3. write of Anins: ●● Rex idem hominum phoebique, facerdoes. Diodorus Siculus s Lib. 6. cap. 10 affirmeth, that the Priests of Pantheon were both Leaders in the field, and also judges and arbitrators in controversies of right. Strabo testifieth t Lib. 12. that in Zela, the Priest had supreme both dignity and authority in all things. just. lib. 11. justine writeth, that Mida, son of Gordius King of Phrygia, being by Orpheus entered into the orders of the sacred and solemn mysteries of those times, filled all Phrygia with religion: wherewith he more assured himself, than he did by arms. Tacitus u De mor, Ger. reporteth that among the Germans, it was permitted to no man to beat or bind or otherwise to punish, but only to the Priests. Strabo saith x Lib. 12. that in Cuma of Pontus the Priest did wear a Diadem twice in the year, which is the ensign of a King. Vitru●i●s y Lib. 2. cap. 8. declareth that among the Trallians, the principal Priest had a princely Palace appointed for his abode. Diodorous Siculus z Lib. 17. cap. 4. Orosius a Oros. lib. 4. cap. 6. and Pausanias b Paus. in Baeot. sive lib. 9 do write, that the priest of Hercules in tire was appareled in purpur, and did wear a Diadem upon his head. Herodiane c Herodian. lib. 5. writeth, that the Priest of the Sun among the Phoenicians, was attired in a long garment, consisting only of purpur and gold; and did wear a Crown of gold set with precious stones; and that Heliogabalus, being Emperor of Rome did exercise that priesthood. Ferd. Lopex d Lib. 1. hist. Ind. cap. 14. affirmeth, that the Kings of Malabar in East India are Priests or Bramenes, and must die in their sacred place, as men consecrated unto God. And in China there is an ancient law, that no religion be brought in, without allowance of the King and of his Council: he that violateth this law is punished by death. In the first great Empire, Berosus hath left written, that Ninus first dedicated Temples to jupiter Belus and juno his parents, and caused them to be honoured as Gods. Zamies' Ninias his son exceedingly both amplified and adorned these Temples. Belochus with the rule of his Empire exercised also the office of the high Priest of the same jupiter Belus; and for that cause the name Belochus was given unto him. The Kings of Persia, under whose government the second great Empire was founded, are acknowledged by all writers to have been inaugurated to be the Princes of their sacred ceremonies n Cic. de divinat. . In Athens and Lacedaemonia, the two eyes of Greece, as Leptines e Apud Arist. Rhet. 3. cap. 10. and justine f just. lib. 5. do rightly term them; the ceremonies of their religion were ordered by their Kings. The Athenians had their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or King, as Demosthenes testifieth g Contra Neaeram. , who was precedent and chief director in all their sacred ceremonies. Xenophon saith h De Repub. Laced. , that the Kings of the Spartans or Laced ●monians, so soon as they were assumed to that state of dignity, did discharge also the office of chief Priest, to the celestial and Lacaedemonian jupiter. Alexander the great Monarch of Greece did oftentimes offer sacrifice, give order for their kind of religious observations; and at the last commanded divine honours to be done unto i Q Curt. himself. Among the Romans this was one of their ancient royal laws: Sacrorum omnium potestas sub regibus est●: Let all sacred matters be under the power of Kings. Which law was established by their first King Romulus, but seemeth also to have been more anciently in use: insomuch as Servius k Lib. 10. Aeneid. super illud Virgilij. Vigilas ne deum gens? Aenaea? vigila. noteth, that Virgil always bringeth in Aeineas as precedent both in action and drection in all offices of their religion. Whereof Ovid l Fast. also seemeth to make mention in these words. Vtque ea nunc certaest, ita rex placare Numina lanigerae coniuge debet ovis. After Romulus, Numa Pompilius performed all those sacrifices and rites m Liu. lib. 1. , which afterward were committed to the Dial Flamen. Dyonisius Halicarnassaeus n Hali. lib. 2. and Plutarch o Plut. in Numa. do affirm, that he did bear the office of Pontifex: Livy p Liu. lib 1. Dec. 1. writeth, that he committed the same to one of the chief Senators named Marcius. Of these two Kings Cicero q Cic. lib 2. de nat. Deo. saith: Romulus auspicijs, Numa sacris constitutis fundamenta ieccrunt Romanae civitatis. The Kings succeeding performed the most high and sacred rites of their religion; with whom as Livy r Lau. 1. Decad. lib. 2. writeth, the Priests took often advice, concerning sacrifices and all sorts of ceremonies: Whereupon Dionysius Halicarnassaeus affirmeth s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. , that they had the principality or chiefest rule of sacred matters, and of sacrifices, and that all things pertaining to divine worship were ordered by them. After that the Kings were cast out of state, that the chiefest in power had authority to give order in religion, it may appear by the two decrees of Senate before cited out of Livy, for excluding the use of foreign ceremonies and rites: but more plainly it appeareth in that it was decreed; t Nequa Bacchamalia Romae neue in Italia essent, si quis tale sacrum solemn ac necessarium duceret, nec sine religione ac piaculo se id omit. lere posse, apud pr●torem urbanum profiteretur, partor senatum consuleret: Si ei permissum esset cum in senatu centum, non minus essent, ita id sacrum fieret, dum ne plus quinque sacrificio interessent. that no Bacchanals should be kept either at Rome or within Italy: if any man should esteem such sacred solomnitie to be necessary, and that he could not omit it without offence and violation of Religion, he should declare the same to the city Praetor, the Praetor should consult with the Senate. If it should be permitted him when a hundred (and no fewer) should be assembled in Senate, that solemnity might be performed, so that no more than five should be present at the Sacrifice. And although the name of King at that time was hateful to the Romans, yet they created a King whom they called Rex Sacrificulus u Liu. lib. 2. , or Rex sacrificus x Gell. lib. 10. cap. 15. , to perform those offices of their religion, which in former times were proper to their Kings y Festus Pompeius lib 17. . His office was not annual but perpetual z Dio●. Halic. lib. 4. ; which joined to his high title, lest it should draw him to dangerous attempts, they stripped him of all civil authority. He might not bear either charge in the army a Dionys. ubi 5. , or magistracy in the common wealth. b Plut. Probl. cap. 63. He might not make any oration to the people, nor deal with them about public affairs. His authority was restrained only to religion; to offer sacrifices, and to determine doubts, if any did arise. His person was sacred as Servius noteth c Ae●eid. 8. super illud Virgilij. Nec no Tarquinnium ciectum Porsenna jubebat accipere. , so that neither violence notr despite might be offered unto him: And yet the greatest Pontifex was preferred before him d Li●. 1. Dec. lib. 2. D on●s. lib. 5. Fevestel. de sacer●. c. 1● ; insomuch as in their festival solemnities he was placed next to their greatest Pontifex, above all the Flaminos e Gell. lib. 10. cap. 15. . His daughters might not be compelled to become Vestals f Fea●stel. de sacred Rom. . His wise was called Regina sacrorum g Festus Pomp. lib. 9 ; who every kalends did offer sacrifice to h Macrob. & ovid. de ●ast. juno, her head circled with a white wand of a Pomegranate tree, called inarculum; to whom the Vestals resorted upon a certain day in the year, to admonish her not to neglect the solemn rites committed to her charge. They erected also a College of Pontifices i Lin 1. Dec. lib. 10. , First consisting of four, afterwards increased to eight, lastly by Sylla enlarged to fifteen k App●an. Plut. Plin. secundus de vir. illust. cap. 75. . Their office was both to preserve and interpret all solemnities pertaining to their religion; to keep a true record and remembrance of them: to be careful that no Roman ceremony were neglected, and no external observation brought in: to determine what things were sacred, and what profane: to appoint what sacrifices were to be offered, upon what days, in what Temples, in what manner, and whence the charge should be supplied l Liu. lib. 1. ; to decide doubts concerning funeral obsequies, performancies of vows and oaths, observation of festival times and such like. If in any matter they did differ in judgement, that was observed wherein the greatest part, being three at least, did fully agree. They had also the interpretation of the Civil law m Cic. de legib. lib. 2. , which for many years was reputed sacred among the Romans. They kept the Annals (as Cicero saith n Cic. de orat. lib. 2. ) of most memorable accidents, and achievements every year, which were termed annal maximi, as Macrobius o Lib. 3. Saturn. ca 2. doth write; and did set them forth in a white table called album pontificium, out of which it was free for any man to write them. It was also a part of their charge to repair the bridges p Varr. lib. 1. de ling. lat. Plut. in Numa. , which until the time that Aemilius was Questor were made of timber q Marlianus in topographia vet Rom. , and not fastened together with any iron or brass r Halicar. lib. 3 & 5. Plin lib. 36. cap. 11. . These were esteemed sacred by the Romans, and if they were in any part decayed, they might not be repaired but with sacrifices & other ceremonious observances. From hence it is commonly supposed that they were called Pontifices; but Scaevola (as Varro s Deling. lat. saith) did more properly derive that name from posse and facere, not only in regard of their eminent authority, but because the word facere in ancient Latin did signify to sacrifice, as Vigil speaketh: Come facer 'em vitula. The principal of this College was called Pontifex Maximus; who, as jestus Pompeius t Lib. 11. and Valerius Maximus u Lib. 1. cap. 1. do write, was the greatest judge in their religion. And although other priests could not bear Empire in the army, or office in the state x Plut. Prebl. cap. 113. , or be carried upon horse y Plut. Probl. cap. 39 Gellius lib 10. cap. 15. Festus Pompeius lib. 5. , or be three nights absent from the city z Plut. d. ca 39 ; yet the same man might be Consul or Censor, or Praetor, or Magister equitum, (the greatest offices of that common wealth) and also greatest Pontifex: As Livy writeth of P. Liciunius Crassus a Lau. 3. Decad. lib. 8. , and M. Marcellus b ●●u. 4. Decad. lib. 3. and of divers others. This Pontifex Maximus was so highly honoured in the populare state of Rome, that he was reputed to approach near unto the degree of dignity which the kings held in former times c Plut. Probl. ca 13. , insomuch as L. Florus reporteth d Florus epist. lib. 47. , that a fine was imposed upon C●. Tremelius Tribune of the people, for using uncivil speeches against M. Aemilius Lepidus, the greatest Pontifex. A Sergeant was appointed to go before him e Plut. Prebl. cap. 113. , he was carried in a Coach-chaire, called Curules sella f Liu. Decad. 3. lib. 5. , which was reputed a royal ensign, because Romulus used the like by example of the tuscans g Liu. Decad. 1. lib. 1. . His doors were adorned with green Laurel h Plia. lib. 15. cap. 30. ; if he undertook any office or charge, he was not liable (as were other men) either to controlment or account i Halicar. lib. 2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. , whether to the Senate or common people. His proper ornament was a hat k Apul. apol. 1. , in token of his lofty estate. If any offender did sly unto him, that day he was protected from punishment l Plut. Probl. cap. 111. . He was married after a special manner, called confarreatio m Boet. in top. Ciccr. lib. 2. . His wife must be of singular example, and he might not iterat marriage the second time n Tertul. de exhor cast. & ad uxorem l. 1. & in prescript. ; he might not behold a dead body o joseph. antiq. 3. cap. 10. ; he might not foil his hands with blood p Liu. 3. Decad. lib. 10. ; and neither give nor assist sentence of death. He was chief not only of the College of Pontifices q Liu 4. Decad. lib. 10. , but also of him that was Rex sacrorum; the Augurs; Flamines and vestal Virgins; upon whom he might impose either fine or other punishment, as the quality of their offences did require. All their sacred matters whether public or private did principally depend upon his direction. And yet this authority was often borne (as hath been said) by the highest civil Officers of that Common wealth: the election of him pertained to the people r Cicer. in orat. del. Agraria. & in lib. de amic ti●. Halicar lib. 2. Pater c. lib. 2. Su●t. in N●rcn●. ●a. 2 : and provocation or appeal did lie also from him to the people. For so Linie s Liu. 4. Decad. lib. 10. writeth that a contention did arise, betwixt C. Servilius the greatest Pontifex, and L. Cornelius Dolabesta, Du●muir, because the Pontifex commanded him to abdicate his office, that he might be inaugurated Rex sacrificus, in place of Cornelius Dol●bella. This when the D●umuir refused to do, the Pontifex set a fine upon him; for which cause he appealed and brought the matter before the people. Many tribes being assembled & the difference debated on both sides, they commanded the Du●muir to be obedient to the Pontifex▪ and yet they remitted his fine, in case he should abandon his office. In the mean time the heavens were covered with dark and thick clouds, which broke forth into a terrible tempest. This being taken for ominous, the assembly dissolved, and the authority to inaugurate was taken from the Pontifex. The Commonwealth of the Romans being changed again to the government of one, the chiefest authority in all affairs depended upon the Emperors: For so t Tertul. in apolog. Tertullian acknowledgeth the Heathen Emperors to be u A Deo setuxdi, post cum primi, ante omnes & super omnes. second and inferior only to God before all, and above all. Again he saith, x Tert●ad Scapulam. Colimus Imperatorem ut hominem à Dio secundum, solo Deo minorem. We worship the Emperor as a man next unto God, and inferior only to God. So did y Epist. Elutherij citat. inter ll. E. 1. Eleutherius in those time's Bishop of Rome, write unto Lucius King of Britain z Vos es●is Vicarius Dei in regno, juxta prophetam Regium. ; You are God's Vicar within your own Realm, according to the Prophet David. Augustus' annexed the greatest pontificate to the imperial dignity, to whom the people by the law of Royalty transferred all their power as well in religious as in civil affairs. Suetonius writeth a In C. Caesare. ca 13. , that C. Caesar was at one time greatest Pontifex, and also Augur. Servius b Ad 1. 3. & 6. Aencid. testifieth, that C. Caesar being Pontifex, M. Terrentius Varro did write unto him a book, concerning their sacred and religious rites. Again, Suetonius c In Galba. c. 8 affirmeth, that Galba did bear three Priesthoods. The same Suetonius d In Claudio. cap. 22. saith, that Claudius Caesar had the Priesthood in such honourable estimation that he never made choice or nomination of 〈◊〉, until he had been sworn. In regard of this connexion of the Empire and pontificate, d Tacit. Annal. 〈◊〉. 3. Tacitus did write: nunc deum munere summum pontificem su●●●um hominum esse. The greatest pontificate was also borne by Vespasian, Trajan, and divers other Roman Emperors: the Majesty of which Emperors was esteemed most sacred, in so much as divine both titles & adorations were given unto them. Their Statues and Images were sacred and adored, as e Tacit. lib. 14 Tacitus and f Veg. lib. 2. c. 5 & 6. Vegetius do report; it was treason for any man either to pull away, or to violate those who did fly unto them; to melt them also, and also to fallen them g L. qui statuas. l. non contra. bit. D. ad jud. mayest. . Tacitus writeth h Tacit. lib. 3. that L. Ennius was accused of treason, for melting the Image of the Prince: which accusation although Tiberius did forbid to proceed, yet Suetonius affirmeth i In Tiberio. cap. 58. , that he commanded one to be arraigned, for taking the head from the statue of Augustus, and setting another upon the same. This kind of accusation grew to that degree, that it was capital for a man, to bear the Image of the Prince stamped in money, or engraven in a Ring, to any unclean or unseemly place. Yea, Seneca, saith k De benefic. lib. 3. , that under the Empire of Tiberius, a certain noble man was accused of treason, for moving his hand to his privy parts, in making urine, when he did wear a ring upon 〈◊〉 finger, whereon was engraven the Image of the Prince: So great was the reverence borne unto them. Upon this general both authority and use, for Princes to manage divine affairs, St. Hierom l In job. cap. 1. hath said, m Privilegium offe●endi primogenitis, vel maxime Regibus debebatur. The privilege to offer sacrifice was due to the first borne, but most of all unto Kings. And yet in these times, the Emperors referred many matters pertaining to their religion, to be determined by the Senate; partly for expedition and ease, partly for that they would not draw all authority from the senate at once. So Tacitus n Tacit. 2. annal. writeth of a decree of the Senate, for expelling of the ceremonies of the Egyptians & of the jews o Desacris ludaicis Aegyptijsque pellendis. . Likewise under Claudius a decree of the Senate was made, that the Pontifex should consider what ceremony of the Aruspices should be retained p Viderent pontifices quae retinenda firmandaque Aruspicum essent. . So Tiberius referred to the Senate whether Christ should be received among the Roman Gods, which in no case they would consent to decree; because he had been worshipped for God, without the public authority of the Empire. The like is reported to have been both purposed and propounded by Hadrian; who commanded also that Temples should be built in every City, without any Idols. The like purpose in Alexander Severus is affirmed by Lampridius q In Severo. to have been crossed, upon assurance made unto him, from those who gave answer by inspection of Entrails, that if Christ should be received for God, all men would become Christians, and the other Temples should be forsaken. But, when he that would not be worshipped with other Gods, was both admitted and adored for God alone; when the Christian faith was publicly embraced in the Roman state; religion was both advanced and ordered by Imperial authority. For so Socrates r In Proaem. lib. 5. testifieth in these words: From that time when the Emperors began to be Christians s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the affairs of the Church depended upon them; in so much as the greatest Counsels were always assembled by their appointment. So Chrysostome t Ad Pop. Antioch. hom. 2. calleth the Emperor, u Summitatem & caput. the height and head of all men in the world: and one that hath no equal upon earth x Parem ullum super terram non habet. . And so did Leo the first write to the Emperor Leo, y Debes Imperator incunctanter advertere, regiam potestatem tibi, non solum ad mundi regimen, sed maxime ad ecclesiae praesidium esse collatam. that royal power was given him, not only for government of the world, but especially for the safeguard of the Church. And so likewise Gregory Bishop of Rome affirmed z Epist. lib. 3. ca 100 & 103 , that power is given to Princes from heaven, not only over Soldiers but over Priests. Optatus saith a Contra Parmen. lib. 13. super Imperatorem non est nisi solus Deus qui fecit Imperatorem. : there is no man above the Emperor but only God who made the Emperor. But this is most evidently declared, in the answer of Demetrius Chomatenus b In respon O●●ent. in these words: c Imperator, ut communis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 moistens & nominatus. synodalibus praeest sententijs, & robur tribuit: ecclesiasticos ordines componit, & legem dat vitae politi●que corum qui altari serviunt. The Emperor being both in common estimation, and in very truth a skilful governor, is precedent and giveth strength to synod all sentences; he setteth Ecclesiastical orders in form, he giveth law for the life and civil carriage of those who serve at the Altar. And again: d Vt uno verbo dica, solo sacrificand● 〈◊〉 ininisterio, reliqua pontificalia privilegia Imperator representat. to speak in one word, the office of sacrificing only excepted, the Emperor representeth the other privileges of a Bishop. And therefore St. Augustine e Cont Coe●●on. & epist. 48. & epist. 50. enu●ighed against the heresy of the Donatists; in that they affirmed, that the Church ought not to use either laws or any assistance from Princes. And that speech of Donatus f Donat. Mel●uit. l. 2. was justly condemned. Quid est imperatoricum ecclesia? What hath the Emperor to do with the Church? Two parts in the Church may separately be considered, the external form, which consisteth in the political government thereof; and the essential form, consisting in the true substance and foundation of faith. Concerning the first, we may find many things anciently ordered in the Church by Christian Emperors. For so Constantine g novel. 43. & 49. in princ. the great, Anastatius h l. 18. C. de sacros. eccles. and justinian i D novel. 43. & 49. the first established order, for expense and form of funerals. The Emperors Gratian, Valentinian the second, and Theodosius the great k l. 2. C. de sacros. eccles. , prohibited that any corpses should be interred within the seats of the Apostles or Martyrs. Honorius and Theodosius ordained, how many Deacons should be in the Church of Constantinople l l. 4. C. co. ; and what immunities every Church should enjoy m l. 5. C. co. . Leo and Anthemius forbade alienation of lands pertaining to the Church n l. 14 C. co. . Valentinian, Theodosius, and Arcadius did prohibit o l. 9 C. de episc. & cler. that any should be received for a Diaconisse, who was not aged above fifty years; which was afterwards confirmed by justinian p novel. 6. ca 6. . Honorius and Arcadius forbade q l. 17. C. de episc. & cler. , that Clerks should have any thing to do with public actions or pleas. justinian added r novel. 123. ca 10. , that they should abstain from play, and from all open spectacles and shows. Leo and Anthemius s l. 29. C. de episc. & cler. enjoined Monks and religious persons, not to depart out of their Monasteries, and to live in that modesty and sincerity whereto the imperial laws did bind them: and that no Clergio man should be ordained by way of corruption t l. 30. C. co. : or convented in judgement, in a place far distant from his abode u l. 31. C. co. . justinian ordained x l. 22. C. de episc. audien. , that upon a certain day in the week Bishops should go and visit the prisons, to inquire for what cause every prisoner is detained, and to admonish the Magistrates, to execute justice. In another constitution y novel. 3. he ordained, what manner of Clerks should be ordained in the Church; that Clerks should not remove themselves from a less Church, to a greater; and that the rents of the Church should be expended to godly uses and acts. He appointed also z novel. 5. the time for monastical profession, and the rules which Monks should lead. He established his ordinance a novel. 6. for the election, life and behaviour of Bishops, and other Ecclesiastical persons; that they reside upon their charge; that they resort not to the Court, except they be expressly called; that they celebrate not divine offices in any place which is not consecrated to the service of God. b novel. 58. He declared what causes should be lawful for divorce and separation of marriage c novel. 117. ; as Theodosius the younger, and Valent. the third had done before him d l. 8. C. de repud. . He ordained also that the holy Scriptures should be read in the vulgar tongue, and appointed what translations should be in use e novel. 146. . It would be both tedious and unnecessary to make long stay upon rehearsal of those imperial laws, which have been both received and reverenced for government of the Church. For justinian professed f l. 1. C. de vet. iur. enuc legu authoritas & divinas & humanas res bene disponit. , that by authority of the laws, both divine and human affairs were well ordered; and again, g novel 133. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. there is nothing but may be examined by authority of the Emperor; for he receiveth from God a general principality and government over all men. The same is acknowledge by Pope Gregory, in his epistle to Mauritius h lib. 2. epist. 100 Ad hoc potestas super omnes homines dominorum meorum pictati coesitus data est, etc. : To this end is power over all persons given from heaven unto my Lord, for assistance of good men, and enlargement of the way to heaven. Whereupon Espencaeus saith i Espenc. come. in Tit. 3. digres. 10. Gregorius magnus agno se●bat, Imperatoribus conc●ssum esse dominari sacerdotibus. ; that Gregory the great did ingeniously acknowledge a sovereignty in Emperors over priests. So Balsamon k Bals. in Council Chalced. cap. 12. hath said, that the Emperors had power to appoint patriarchal seas, according to the power given them from above. Whereto doth that of Isodore agree l c. Principes 23. q. 5. ; Princes of the world have their authority and power in the Church, that the ecclesiastical discipline should be held in strength; that they who will not observe it by admonition of the priest, should be constrained by force of the Magistrate. Yea, divers of the papal decrees, for ordering of Ecclesiastical affairs, were laws made by Christian Emperors; of which laws many are yet extant in the Codex of Theodosius. The Canon judicantem m 13. q. 5. , expressing the office of a judge in cognisance of causes, attributed by Gratian to Pope Eleutherius, was made by the Emperor Constantine n l. 1. C. de judic. in C. Theod. . The Canon, si quis Iratus o 2. q. 3. de poe. di. 1. , attributed to Pope Fabian, against accusers, is a law of the same Emperor Constantine, in the Codex of Theodosius. The Canons which go under the names of the same Fabian p 3. q. 6. c. 1. , of Sixtus q 3. q. 6. c. 16. & 17. & 2. q. 8. c. 4. , and of Hadrian r 2. q. 3. c. 3. , concerning the same subject, are found to be made by Gratian the son of Valentinian the first. The decrees of Pope Caius s c. Episcopis. 3. q. 5. , and of Pope john t c. reintegranda. q. e. , for restitution of Church goods, taken from Bishops, when they were forced from their sea, are the Edicts of the same Emperor Gratian. The Canon qui ratione u 3. q. 9 attributed to Pope Damasus, for order in accusations, is comprised in Theodosius Code, under the name of the same Emperor. The Canon nullus x 2. q. 7. , under the name of Pelagius was made by the emperors Honorius and Arcadius. The Canon quisquis y 2. q. 8. , under the name of Eutychian, was promulged by the emperors Honorius and Theodosius. The Canon consanguineos z 35. q. 6. , for separation of marriage contracted within the prohibited degrees of consanguinity, is a constitution of the Emperor Constantine the great. The Canon Priviligia a 25. q. 2. , for confirmation of the privileges of the Church, under the name of Anacletus, is a constitution of the emperors Theodosius and Valentinian. In a word, the volume of decrees is filled with divers constitutions of Christian Emperors, either assumed by Popes, or attributed unto them, without expressing either the name or authority of the Emperors. And touching the rest, Pope Honorius b c. 1. ext. de iu●am calum. acknowledged, that it was by decree of the Emperor justinian c Imperator justinianus decrevit, ut canones patrum vim legum habere oporteat. , that the Canons of th● Fathers should have the force of laws. Now, when any difference did arise in matters of faith; when any great schism or disturbance was maintained in the church; the Emperors did use to assemble their Bishops in common Council, and those things that were by them decreed, were afterwards confirmed by Imperial constitution. So Nicephorus d Niceph. lib 8. cap. 14. and Eusebius e Euseb. lib. 2. de vita Constantini. do write, that Constantine the great, having employed Hosius Bishop of Corduba, for composing the difference betwixt Alexander Bishop of Alexandria, and Arrius; wherewith the Church was exceedingly disturbed; and perceiving his good purpose thereby nothing advanced; assembled by his authority the Council of Nice in Bythinia, which he honoured with his presence, and defrayed the charge of 308. Bishops that were called to that Council. Of whom Eustachius Bishop of Antioch, or rather (as the Canon law affirmeth f c. futuram. 12. q. 1. ) Constantine himself was precedent g Constantinus praesid●●s sa●ctae synodo, quae apud 〈◊〉 congregata est. . The form of faith agreed upon in this Council, was presently confirmed by Constantine, and both imparted and imposed upon others, who had not been present; and charge given under pain of death, that none should secretly preserve any of the books of Arrius from the fire h Socrat. lib. 1. cap. 6. . Afterwards the same faith was both declared and confirmed by constitution of the emperors Gratian, Valentinian and Theodosius i l. 2. C. de sum. trin. . The general Council of Constantinople was assembled against the heresy of Macedonius, by Theodosius k Niceph. lib. 12 ca 10. the great. The Bishops assembled in this Council wrote thus in humble manner unto the Emperor Theodosius; l Obsecramus clementiam tuam, ut, quemadmodum literis h●norasti ecclesiam, quibus nos con●ocasti, ita sinalem conclusionem nostrorum decretorii corrobores sententia tua & sigillo. We beseech your Majesty, that as you have honoured the Church, by your letters, wherewith you have called us together, so it may please you to confirm the final conclusion of our decrees with your sentence, and with your seal. The general Council of Ephesus was assembled by authority of Theodosius the younger m Niceph. lib. 14. ca 34. against the heresy of Nestorius. The decrees of this Council, together with the decrees of the Council of Nice, containing the profession of Christian Faith, was confirmed by a constitution of Theodosius and Valentinian n l. 3. C. desum. trin. , whereby also the writings of Nestorius are condemned to the fire. The fourth general Council was appointed by authority of the Emperor Martian o evagr. lib. 1. ca 2. , first to be held at Nice, afterwards upon certain occasions it was assembled at Chalcedon. In this Council, Euagrius p Lib. 2. cap. 4. writeth, that both the Bishops and temporal judges did oftentimes suspend their decrees in this sort; Unto us it seemeth right q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. , if it shall also like our most virtuous and godly Lord the Emperor. And in the end it is thus concluded; r Vid. d. conc. Chalc. all our doings being referred to the emperors Majesty. Lastly, the decrees of this Council touching Christian Faith, were confirmed by a public constitution of the same Emperor Martian s l. 4. C. de sum. trin. . The fifth ecumenical Council was assembled by justinian the first t 3. vol council. ; and the sixth by Constantine the third; both of them in the City of Constantinople. The last of these Counsels Constantine subscribed, after that he had commanded that ten Bishops of the East, and ten of the West should repair to his Court, and open to him the decrees of the Council: u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. That he might consider (saith Sozomenus) whether they were agreed according to the Scriptures, and that he might further determine and conclude what were best to be done. In brief, Cardinal Cusanus x Cus. de conc. l. 3. ca 16. doth acknowledge that he did evermore find y Sciendum est quod in universalibus octo concilus semper inuen●o imperatores, & judices suos, cum senatu primatum hab●isse. , that the Emperors and their judges, with the Senate, had the primacy, and office of presidence in the eight general Counsels. In regard whereof Odoacer z Conc. Ro. 3. did in this sort expostulate with Pope Symachus, and the Clergy of Rome. a Miramur quicquam tentatum fuisse sine nobis; nam vivente nostro presbytero sine nobis nihil tentari oportuit. We marvel that any thing hath been attempted without us; for without us nothing should have been done, our Priest being alive. In like manner Nicephorus b Niceph. in praesat. ad Emanuel. did write to the Emperor Emanuel Paleologus; c Tu es dux professionis fidei nostrae etc. You are the captain of the profession of our faith, you have reform the Temple of God from Merchants and exchangers of the heavenly doctrine, and from heretics, by the word of God. During this time, a stiff strife did arise betwixt the Bishops of Rome, and the Bishops of Constantinople (as did once among the Disciples of Christ d Marc. 9 35. Luc. 9 46. ) whether of them should be greatest. In the Council of Nice it had been decreed e Can. 8. , that the first place should be given to the Sea of Rome, the second to Alexandria, and the third to Antioch: for the City of Constantinople at that time was not built, neither was Jerusalem then a patriarchal Sea. But after that Constantinople was advanced to be the head of the Empire, the Bishop thereof did claim prerogative before all the rest; affirming, as Platina, f Plat●n vita 〈◊〉 3. and out of him g Sabel. Aencid. 8. lib. 6. Sabellicus do write, that where the head of the Empire was, there also should be the principal Sea. The Bishop of Rome answered, that the City of Rome, from whence a colony was brought to Constantinople, was in right to be esteemed the head of the Empire: for the Grecians did use to style their Prince 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Emperor of the Romans: and they themselves were also called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Romans. In this contention Platina h In vita Bonifacij 3. affirmeth; that divers Emperors favoured the Bishops of Constantinople. In the Council of Chalcedon l Can. 28. it was decreed, that the Church of Constantinople should stand in one degree of dignity, and enjoy equal privilege with the Church of Rome. The same equality was also decreed in the second Council of Constantinople k In trip. hist. lib. 9 cap. 13. , and confirmed by constitution of Honorius and Theodosius l l. 6. C. de sacros. eccles. ●vnic. C. de priuil. urb. Const. lib. 11. . By a constitution of Leo and Athemius m l. decernimus C. de sacros. eccles. , the Bishop of Constantinople is declared to have precedence of place n 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. before all others: which law was alleged by Photius o Nomoca. tit. 1. cap. 5. to confirm the primacy of the Patriarch of Constantinople p l. Constantino▪ p●litana 24 C. de sacros. eccl. . justinian declareth q Constantinopolitana ecclesia omnium aliarum est caput. that the Church of Constanti●nople was the head of all other Churches. Which constitution is omitted in some editions of justinian's Code. Mauritius r Platin. in vita Gregor●● 1. admonished Gregory the first, to bear obedience to john Bishop of Constantinople. Afterwards, Pope Gregory the third, with much ado (as Platina writeth) obtained of Phocas▪ Emperor, or rather (as Zonoras' and P. Diaconus s In vit. Pho●●. do describe him) the wild, drunken, bloody, adulterous tyrant of Constantinople, that the Sea of Rome should be the chief of all other Churches. But this was an error in the Emperors of Constantinople; first, to settle so great dignity and prerogative in a place, far distant from the principal seat and strength of the Empire. Secondly, to permit affairs of so high nature to depend upon direction of any one within their Empire. For, by this means the Bishops of Rome did steal into such strength with the common people, that by their Interdictions only, they were of power to withdraw them from paying tribute, and bearing allegiance to the Emperors of Constantinople: upon occasion, that Leo surnamed Iconomachus, had caused the Images of Saints to be taken down. Finally, they pulled the west-part of the Empire from their subjection, and left the residue, with that mortal maim, to be a pray to the barbarous infidels. The west Empire flourished for a time, first in France, and afterwards in Germany; and the most apparent cause whereby it was broken and beaten down, was the absolute & unlimited power, which the Bishops of Rome challenged, principally in Ecclesiastical affairs, and consequently in all. For, by entitling themselves the Vicars of jesus Christ; the Spouse of the Church; the Sovereign Bishop, and Prince of all others; the Masters and Lords of all the world; (for these are the titles which Innocent the third, Boniface the eight, Clement the fifth and divers others have assumed) by exempting also both the persons and goods of all the Clergy, from secular subjection; and by binding all men to their obedience, in matters which concern the soul; they have always been able to stir up, not only weighty wars against the Emperors, but also most stiff and unnatural rebellions. Which disordered demeanour Carion accounteth the only cause, Car. lib. 4. sceleribus pontificum hoc imperium languesactum est. Luit prand. lib. 6. ca 6. Cuspinian & Theodo. de Nihem. in vita Otho 3. that brought the Empire to a feeble state. So john the third combined with Berengar the third, and Adalbar his son, who pretended themselves to be Kings of Italy, to make head against the Emperor Otho the great. Pope john the eighteenth made league with Crescentius, and mutined the people against the Emperor Otho the third. Benedict. 9 to stay Henry the black from entering into Italy, stirred Peter King of Hungary to bear himself for Emperor; to whom he sent a crown with this inscription. Petra dedit Romam Petro, tibi Papa coronam. Gregory the seventh, who was the first that enterprised to cause himself to be elected and consecrated, without the consent and against the pleasure of the Emperor; and who set forth a decree, whereby he excommunicated all those who should affirm, that either the consent or knowledge of the Emperor was herein necessary; opposed against the Emperor Henry the fourth, first Rodulph Duke of Suavie, giving charge to the Archbishops of Men●s and of Collen to consecrate him Emperor: to whom also he sent a crown with this inscription. Petra dedit Petro, Petrus diadema Rudolpho. Afterwards, weary of nothing so much as of quiet, he stirred Ecbert Marquis of Saxony against the same Emperor. Galasius the twelfth raised against Henry the fifth Emperor, the most part of his subjects, and especially the Archbishop of Ments; whom he so strongly seconded with the normans that were in Sicily, that the Emperor was constrained to quit his quarrel, and to yield the collation of bishoprics to the Pope. Innocent the second raised against Lothaire the twelfth, Roger the Norman, whom he invested in the Duchy of Poville, which the Emperor claimed to be a fife of the Empire. At the last the contention was composed by mediation of S. Bernard, who then lived, and was with the Emperor; wherein the Pope sped so well, that he was joined with the Emperor in holding Bavier. The same Innocent the second raised Guelphus Duke of Bavier against Conrade the third, whom he aided with money and all other convenient means. Bart. in tract. de Gaelph. & Gib. This war was so villainously cruel, that it give beginning to the two factions of the Guelphs, who took their name from this Duke of Bavier; and of the Gibelins, so called of Wi●bling, which was the place where the Emperor Conrade had been brought up. Against Frederick Bar●arossa, who succeeded Conrade, Hadrian the fourth raised them of Milan, and the other Lumbards'; Alexander the third stirred the Dukes of Saxon and of Ostrich, aiding them with all his power to entertain disquiet in Almain. Pope Celestine the third excommunicated Henry the sixth Emperor, the successor and son of Frederick Barbarossa; and deprived him of all his dignities: making this the means to avoid him out of Italy into Almain. Against Philip, brother unto Henerie the sixth, Pope Innocent the third caused Otho Duke of Saxony to be elected Emperor; whereby the Empire was embroiled with a bloody war. Against Frederick the second, Pope Honorins the third raised the Lumbards' in rebellion, adjoining the Sic●ians to the side, and the greatest part of the other Italians. All these troubles were so tempestuous, that the Emperor Radulph of Haspurge could never be persuaded to pass the Alps for his coronation; affirming, that Italy was the den of the Lion, whereof the entrance was fair, but the issue fearful. Clement the fifth armed and opposed Rebert King of Sicily against the Emperor Henry the seventh; because he would not do homage and swear faith to the Sea of Rome: and in the end caused him to be empoisoned by a Iacob●e, in giving him the sacred host. What troubles had Lewes of Bavier against Frederick of Ostrich, who was elected Emperor at the same time with him, by the faction of Pope john the 22? The same troubles were continued by Pope Clement the sixth, who caused Charles the fourth King of Boheme, to be elected Emperor; and yet he could not enjoy the Empire until after the decease of Lewes. This Charles was a weak Prine, both in counsel and courage; who in favour of the Popes did extremely both enfeeble and abase the Empire of Rome. Nauclerus writeth, Gen. 46. that he entered the city of Rome on foot, in derision whereof a certain Senator began a speech which he made to the people with these words: Ecce Rex tuus venit tibi mansuetus; Petrarch, who lived at that time, did also write between scorn and disdain of this dejection of the imperial majesty. I omit the tragedies which Eugenius the fourth raised against the Emperor Sigismond, principally to impeach the Council of Basil. I omit that which Paul the second did to chase Frederick the third out of Italy. Generally they always endeavoured to endamage the Emperors; not only as hating them, (for so Gu●cc●ardine a Guice. in comment. polit. saith that it grew into a proverb; It is proper to the Church to hate the Caesars) but as fearing to be endamaged by them. In the end, partly by opposing enemies, and partly by raising rebellions against the Emperors, the Popes have been able to expel their government out of Italy. Whereof our country man Sanderi b Sand. lib. 4. de clau. David. Stupenda res, & supra quam dici potest admiranda, ut cum pot●utissi●i qu● que imp●. 〈◊〉 per al●quot saecula ownem suam vim in exterminandis ex urbe Roma ponti●icibus Romanis, frustra explicuissent; nun● è contrary, pontifices Romani abs● ulia vi, Romanos Imperatores ex ar●● Imperij semou●runt; palates Caesarum alque ad●o tota urbe in su●● potestatem conversa. in this sort hath written: It is a thing more admirable than can be uttered, and able to make a man astonished, that when the most puissant Emperors did for many ages display all their forces to no purpose, for driving the Roman Bishops from the city of Rome; now to the contrary, the Roman Bishops without any power, have removed the Roman Emperors from the tower of the Empire, and made themselves Lords of the Palaces of Caesar's, and turned the whole city into their proper power. This is true (Master Sanders) which you have said; but neither is it worthy of any wonder, neither i● it all that which the Popes have done. What marvel is it that most puissant Emperors could never prevail against the Bishops of Rome, when their own subjects were persuaded, that they drew their sword against heaven, and made offer (like those Giants of whom the Poets write) to scale the skies, and to pull God out of his throne? Where subjects have been of other opinion, there Princes have prevailed against many Popes. Again, what necessity had the Popes to use force of arms, when the consciences of men were under their command? whilst this rule held good, cloisters and Colleges were in stead of Castles unto them; and religious persons were in steed of many armies. These were their garrisons, these their soldiers; these quelled the courage of all their enemies, by thundering forth threats against those who disobeyed them; not of death, which might be peradventure either contemned or else avoided; but of damnation, which as it is most terrible, so was it held for this cause unavoidable. For so Boniface the eight decreed, In extrauag. unam sanctam. Porto subesse Rome Pont▪ omnem humanam creaturam declaramus, dicimus, diffiaimus & pronuntiamus omnino esse de necessitate salutis. that upon necessity of salvation all men must be subject to the Bishop of Rome. These forces were planted within every state, and by these might any state be supplanted: By these means the Bishops of Rome were easily able, not only to drive the Roman Emperors from the chief tower and seat of the Empire, but also, making one wrong the cause of another, to reduce them to a very low degree, both of power and of authority within Almain; and to hold them as no better than vassals to their Sea. * Tibi d●mina. 63 dist. c. ●enerab●lem. de elect. 〈◊〉. in c licet. n. 8. de so. comp. For, after that eight Emperors had been excommunicate by Popes; Namely, Frederick the first, Frederick the second. Philip, Conrade, Oath the fourth, Laws of Bavaria, Henri● the fourth, and Henry the fifth, (which was occasion enough for their subjects to revolt, and for other Princes to invade) the succeeding Emperors, partly unwilling, but principally unable to sustain so sad and heavy blows, submitted themselves to the papal power; renounced the right, which by long custom they claimed, in election of the Pope and of other Bishops. And to the contrary, the Emperor Charles the fourth, acknowledged by his letters Patents, * Incip. post pedum oscula. that although he was elected Emperor by the Princes, yet he was to be confirmed by the Pope, and to receive the Imperial crown from him. Whereupon Pope Pius the fifth, did sharply rebuke the Emperor Ferdinand by his Legate, for neglecting to receive of him the Imperial Crown; neither would he admit the emperors excuse, but had proceeded by excommunication to compel him, had he not by entreaty of the French King, and of King Philip of Spain the emperors kinsman, been otherwise appeased. In the form of the coronation of the Emperors, which was approved by the Emperor Charles the fourth, and is kept in the Vatican at Rome, many servile ceremonies are contained. As, that the Emperor supplieth the office of a subdeacon, in ministering to the Pope when he saith Mass; and that after diume service he holdeth the stirtop, whilst the Pope mounteth to horse; and for a certain space leadeth his horse by the bridle. Add hereto the kissing of the Pope's feet, as Charles the fifth did, at Bononia, at Rome, and last of all at Marsielles in Provence, in the presence of divers other great Princes: add their humb●e subscriptions to the Pope; I kiss the hands and feet of your holiness: add that they must seek the Pope for receiving the Imperial crown, whereforuer he shall be; and follow him if he chance to remove: with divers like tokens and testimonies of de●ection of the Majesty of that State, and subjection thereof to the Sea of Rome. For further declaration whereof, Pan. c. causam. qui fill. fi. le. etc. solita. de ma. & ob. c nou●●. de 〈◊〉. etc. 〈◊〉. n. 8. des● comp. & in c. ●. n. 2. 3. 4. depro bat. during the life of the Emperor, the Pope's challenge to be his judge; and the Imperial feat being void, they claim the exercise of Imperial power, and have given investitures and received fealty, of those who held of the Empire; as of john and Luchi●, viscounts of Milane. * Anno 1341. For which cause the Canonists also (who set up these strings to the highest strame) do maintain opinion, that the Emperor cannot resign his Imperial dignity to any other than the Pope: and that it is a strain of heresy * Feli. in c. firmissime, n. 1. de haeret. , not to believe that the Emperor is subject to the Pope: and that the Emperor is but the Pope's Minister * Molina. tract. 2. de just. disput. 29. , to use his sword only at his beck. lastly, Pope Clement the fifth, expressly declared by decree * Cle. Romani de Iurc●●●. , that the oath which the Emperor maketh to the Pope, is no other than an oath of fealty. Neither hath it been against the Empire only, that the Popes have had this power to prevail, but against divers other Christian countries; in so much as they have claimed to hold, either as feudatories or as trubutaties to their Sea, the kingdoms of Naples, Sicily, Jerusalem, Sardinia, Corsica, Arragon, Portugal, Navarre, Ireland, England, Scotland, Poland, Hungary. to which Cuiacius t Cuia● c. 7. de Imp. adjoineth the kingdom of France, which Pope Boniface the eight, declared to be devolved to the Church, for the contempt and disobedience of King Philip the fair. And Pope Alexander the sixth in dividing the late discovered parts of the world, between the Kings of Castille and Portugal, expressly reserved to his Sea, the jurisdiction and sovereignty of them, by consent of both Kings; who from that time became his vassals, of all the purchases and conquests which before they had achieved, or intended to enterprise in times to ensue. Generally, they do challenge temporal sovereignty in all countries u Pan. in c. fi. de Baptism. ; habitually at the least; which at pleasure they may produce into act x Pan. in c. 1. de so. comp. & in c. 1. de probat. , whereby the subjects of any State may have recourse unto them y Pan. in c. si duobus de appell. ; to some complaint or suit against their Prince z Pan. in c. 1. de prob. n. 2. & 3. & n. 6. ; to be relieved or protected by them, and to receive privileges and immunities at their hands a Pan. in c. per vencrabilem. n. 1. qui fill su●t legitti. . Whereby also they may judge the actions of Princes; and upon such cause as they shall think meet, punish, excommunicate, deprive them, denounce public war against them b Pan. in d. c. per vencrabilem. & in c sicut. n. 12. de iureiur. & in c. & sinecesse. de do. inter vir. & ux. Pius 5. in bulla. : free their subjects from subjection unto them. As Pope Pius the first, not only absolved the subjects of England from their allegiance to the late Queen Elizabeth, but commanded them also to turn● traitors, and take arms against her. After which Bull few years passed without some notable attempt, either against her person, or against the State. It would be very tedious to give but a light touch; to all the desperate distresses that hereupon have been occasioned, in divers foreign countries; which out of their Annal; may be furnished with ease. And the sequel now showeth, that the chief increase and establishment of the Turkish Empire, hath proceeded from the outrageous wars, which by this means have been occasioned among the Christians; which made Europe on all sides to bathe her limbs in the blood of her children. Against our own State we cannot be ignorant, what heretofore hath been acted; especially under the reign of King john. What hath been lately, what freshly, what is daily attempted, it cannot possibly escape the memory of those that live in this present age: and for help of those who are to succeed, report there of shall be made at large, in a history Intended for the times lately passed, and now presently running. The accumulating of these examples in this place, would be a matter of some labour, for cleared that which hath little doubt. Thus much in substance, but somewhat more briefly delivered: it seemed that there was not any man in that presence, who, either in reply or in supply, had not somewhat to say. That only was a hindrance to the discharging of their minds, which is pleasantly said to have dissolved the Parliament of women; because they could not agree to speak one at once. Many showed themselves so impatient of silence; and they who upon advisement could have said least, were upon the sudden most frank and forward in words. At the last, that which was the cause that no man could have free liberty of speech, did drive them all into a dumb dump: which opportunity was forthwith apprehended by a thick Theologian, whose formal attire, countenance and carriage, was a good supply to other defects. And so, having composed himself to all compliments of gravity and grace, he began his speech after the set and solemn manner of those disputers, who, contenting themselves with commendation of memory, do more diligently endeavour to repeat then to reply. You have declared unto us (said he) that the proper qualities of the rights of Majesty are, to be both perpetual, and also absolute; as neither depending upon any other, nor yet held either upon charge, or with exception and restraint. That these rights consist in managing affairs of highest nature, which cannot be separated from the sovereign power; because upon the guiding of them, all the fortunes of a State do follow. That nothing is of so high nature in a State, as is religion: and that therefore the ordering thereof is annexed, as a right of Majesty, to the sovereign power; whether it be settled in a King, or in the Nobility, or in the people● For, seeing religion commandeth the conscience, and holdeth the soul in subjection, if supremacy therein be acknowledged to be in a foreign Prince, the sinews of domestical sovereignty are cut in s●nder. You have brought certain examples of dangerous consequence, when either strangers or subjects have been followed for religion. You showed that for avoiding the like dangers, two policies were anciently observed; one consisted in excluding external ceremonies & rites; the other, in settling the government for matters in religion, in the supreme power and authority in the State. That this last was practised among the jews, Egyptians & in divers other countries. In the four great Monarchies also, of Assyria, of Persia, of Graecia, and of Rome. Of Rome (you say) first, under the government of Kings; secondly, in the popular state; thirdly, under Heathen Emperors; and lastly, (for a good space) under Christian Emperors; who in matters of circumstance and of external form in religion, both used, and were acknowledged to have supreme authority: of whose laws, divers were afterwards either assumed by Popes, or attributed unto them. Concerning matters of substance, and of internal form, they assembled general Counsels; wherein they held the Primacy; and confirmed the acts of them by Imperial decree. You declared also, that when Constantinople was advanced to be the head of the Empire, a stiff strife did arise betwixt the Bishops of Constantinople and of Rome, whether should be greatest; that divers Emperors favoured the Church of Constantinople; but at the last, Pope Boniface obtained of the Emperor Phocas, that the Sea of Rome should be the chief of all other Churches. This you account an error in government; to settle a power of so high quality, in a place far distant from the principal strength of the Empire. For hereby the Bishops of Rome did grow to such greatness, that they drew the west part of the Emp●●e to revolt; and left the residue for a pray to the barbarous Infidels. Lastly you have showed, that the Bishops of Rome, advancing their authority by degrees, have been of power, to reduce the west Empire to a feeble state; and to hold, not the Emperor alone, but all the chief Kings in Europe, either as vassals or as tributaries to their Sea. Generally, that they have challenged Sovereign jurisdiction over all Kingdoms and commonwealths in the world: whereby they have cast divers countries, and among others this Realm of England into desperate distresses. Now, before answer should be offered to all these several points, I would think it fit, (under the leave of better judgements) to take some reasonable respite to advise upon them; because questions of this high nature, are not always the same which suddenly they seem: and he bewrayeth too great opinion of his own sufficiency, who presently will undertake a controversy of this weight. But, if Christ hath committed supreme power in religion to the Sea of Rome, then is no place left to these rules and reasons of state. Nay (answered N.) I have protested before, that we have neither leisure nor lust to engulphe ourselves in such an Ocean. If Christ hath committed to the sea of Rome! This is a large supposal indeed; and that which will never settle in the opinion of many, who are otherwise firmly affected to the doctrine of the Church of Rome. Yea, I am assuredly persuaded, that the violence of ambition hath pulled many Bishops of Rome from their own judgement, in making clamme to that authority which they never had either title to hold, or ability to rule. For divers of them being suddenly borne out of a low retired state; namely, from some Cloister or hermitage, into an unknown Sea of absolute authority, they were overswayed therewith, like a small boat with too large a sail: And being men for the most part, spent in age, untrained in experience, and neither by nature nor by education of ability, to conceive the bounds and degrees of great affairs, they took to themselves a licentious liberty; supposing it reasonable, yea altogether necessary, that all the Kings and Princes of the earth, who hold their estate immediately from heaven, who receive their power from the hand of God, should be subject to the pleasure, the passions, the fiery fury; the ignorance, the errors, the malice, of one haughty and humorous man, whose weakness is subject (as it hath been plainly declared by their lives) to all immoderate motions of humanity. And all this upon no other ground but because Christ said to S. Peter; Thou art Peter, Matth. 16. and upon this rock will I build my Church etc. But what is this to Supremacy? what is this to the Bishop of Rome? divers questions must be cleared before this will serve the one or the other. For, first it is but weakly assured, that S. Peter ever was at Rome. Many reasons are alleged against it; and many authorities are brought for it. But it often happeneth that the common consent of writers is like unto a flock of fowls; as one flieth all do follow. Secondly, it is less assured that ever he was Bishop of Rome. For, being an Apostle, his charge was general; Matth. 28. go teach all nations; and therefore not to be, as a Bishop, either limited or settled in any one particular place. Or if we will say, that either by appointment or by choice, some part of this general charge was apportioned to S. Peter; then this seemeth, or rather is most assured to have been judea, by that which S. Paul hath written: that, the Gospel of Circumcision was committed unto Peter, Galath. 2. 7. as the Gospel of the uncircumcision was unto him. And therefore we find in Scripture, Act. 23. 11. that S. Paul was expressly sent to Rome; but that S. Peter was ever at Rome, we hold it by tradition. This is further confirmed by the long abode which S. Peter made in judea, and by the short stay which is possible he could have made at Rome, even by computation of them who best favoured the dignity of that Sea. With that he called for Onuphrius, and out of him read unto us, that S. Peter lived after the death of Christ 34. years, 3. months and odd days; that the first nine years he remained in judea; that in the tenth year after Christ's Passion, in the end of the second year of the Empire of Claudius, he departed from judea for fear of Agrippa, from whose imprisonment he had been delivered by an angel; Act. 12. that after he had travailed preaching through many countries, he came to Rome, and there contended with Simon Magus: That after four years, Agrippa being dead, for fear of whom he forsook judaea, he returned to jerusalem, and was there present at the Council of the Apostles, wherein circumcision was abrogated: That after this he remained seven years at Antioch; that in the beginning of the Empire, of Nero he returned to Rome, and from thence travailed almost through all the parts of Europe: that coming again to Rome in the last year of Nero, S. Paul and he were there martyred. To this agreeth that which Ireneus saith; Iren. de bars. lib. 3. cap. 5. Fundantes beati Apostoli Petrus & Paulus Romanam ecclesiam, adminish and●● ecclesiae ●p●sc●patum tradidcrunt l●no. The blessed Apostles Peter and Paul, laying the foundation of the Church of Rome, committed to Linus the Bishopric, or charge of administration of that Church. Now, said he, the third question is, whether by these words, Thou art Peter, etc. Christ gave unto S. Peter any special power or jurisdiction, either spiritual or secular, more than unto the residue of the Apostles; where he did exercise; when make claim to any such power; by which of the Apostles it was acknowledged; by what ancient father of the Church advowed. For divers testimonies of S. Paul do bear against it: Aug●tract. 50. ad cap. 12 lo. Cypr. in tract. de simpli●cler. S. Augustine, S. Cyprian and others of principal authority in the Church do expressly deny it. Whereas the Scripture giveth so large and plain testimony, both for the title and authority of Kings, as it seemeth no greater can be added thereunto. The fourth question may be, whether any power was given unto S. Peter, as Bishop of Rome: (which before the ascension of Christ he could not be) otherwise, how falleth it, that the same should be rather fixed in the Church of Rome, then in any of those Churches, where it is manifest by the scriptures that he remained many years, employing himself in the exercise of his charge? Fiftly, what assurance can we have, that the power which is said to be committed to S. Peter, was to be transmitted entirely to any of his successors in place, who are so far from being mentioned, as it is nothing probable that ever they were meant. For, as Mathias was not the worse for succeeding unto judas in place; so is not any man the better, only for his local succession to S. Peter. Lastly, seeing the promises of God are with exception; if we continue in obedience to his will: and therefore, although all the land of Canaan was expressly promised to Abraham and to his seed for an everlasting possession, Gen. 17. 8. yet was the posterity of Abraham, for their disobedience, first cast out of the greatest part thereof, and afterwards dispossessed of all. 2. Sam. 7. 16. Psal. 89. 36. And although the kingdom of Israel was expressly promised to David and to his seed for ever, yet the succession was broken off, by reason of their sins. Apoc. 2. Again, seeing the Church of Ephesus, although furnished with many excellent virtues, was threatened notwithstanding, that the candlestick should be removed out of his place, only for that their first love was abated. If we should suppose (supposal is free) that express promise was made to S. Peter, and to his successors the Bishops of Rome, that they should represent the authority of Christ upon earth; it will be a hard piece to persuade men, who have not abandoned their own judgement, that this power was not long since either expired or revoked, by reason of the dissolute disorders, the irregular outrages and impieties, which have been ordinary in that Sea. Marc●lline sacrificed unto Idols; Liberius was an A●ian; another a Nestorian; Anastasius the second embraced the error of Acatius. Sabinian was a man of base behaviour, and altogether opposite to the virtues of S. Gregory▪ Constantine the second procured himself to be elected by corruption and force. joan the eighth, was a woman and a harlot. Romanus, Theodorus, john the tenth, and Christopher, were infamous for seditions, simony, lust, and other base abuses in life. john 11. the bastard of Pope Sergius, was elected by favour of Theodora his mistress. john the 13. was accused of many vile villainies before the Emperor Otho the great. Boniface the 7. attained his place by corruption, and maintained it by sacrilege. Silvester the second, was a Magician, and came to his dignity by covenanting with the devil. Benedict the 10. was compelled to quit his place, because of his Simony. Boniface the 8. was advanced like a Fox, reigned like a Lion, and died like a dog. What? shall we say, that all these were the oracles of heaven? the heads of the Church? the guides and grounds of religion? the successors of S. Peter? the Vicar's general of jesus Christ? will worldly Princes endure such, who are not only unserviceable unto them, but dishonourable, but rebellious, for their lieutenants? And seeing good life is a spruce of faith, seeing faith is expressed by actions of life, shall we say that these men who lived in this sort, could neither err nor fail in faith? Alas, how then would they have lived, if they could have erred or failed in faith? I will not dig deep into this dunghill; I will not speak of the heresies of john the 23. of the scandalous deportments of Eugenius the 4. of the Incests, Sorceries, poisonings, & cutthroat cruelties of Alexander the 6. of the covetousness, the cruelties, the perjuries, the blasphemies, the adulteries, the Sodometries, the disdainful pride, the cunning dissimulation, and other infamous behaviour of divers other Bishops of Rome. I will not speak of the two monsters lately hatched within that Sea, to the broad blemish of religion, to the utter overthrow of civil society: the one equivocation; the other parricide of Princes, & raising rebellions for the cause of religion. In one word to the point of our purpose, as Christ denied the jews to be the children of Abraham, joh. 8. 39 because they did not the works of Abraham; and as S. Paul said, that the children, Rom. 4. 16. & 9 7. Galat. 3. 7. not of the flesh, but of the faith of Abraham, were to be accounted his seed: in regard whereof, S. john also said, that many affirmed themselves to be jews, Revel. 2. 9 who were not: so we may safely defend, that the true succession of S. Peter, and of the other Apostles consisteth, not in coming after them in place, but in holding their doctrine, and imitating their godliness in life. This (saith Gregory Nazianzen) (and not succession in place) is in proper sense to be taken for succession. De laudibus Athanasy, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For to express the same judgement and mind, is to possess the very same Chair; the difference of Sea, is the difference in opinion, for doctrine and for life. This is a succession in truth and indeed; that is only a succession in name. Strato●les published in the city of Athens, that whatsoever the tyrant Demetrius should ordain, the same was to be esteemed holy before God, and just before men. When Cambyses was desirous to espouse his Sister, the fact was justified by this law of the Persians; The King may do what soever he please. Doubtless, (said he) many Bishops of Rome in claiming Hyperbolical power, to bear through Diabolical dristes, have been rather successors to these men, then unto any of the Apostles. To conclude, with answer unto those who can find a difference between the Pope and the Pope; between the Pope as being a man, and the Pope as being Bishop of Rome; between the Pope in his Consistory, and the Pope in his Palace, or among his Soldiers in the field; Fulg. collectan. lib. 6. between the Imperial and Pontifical Pope; I will tell you what Fulgosius, he that was thrown out of state in Liguria, reported of a certain Archbishop of Colen. As this Archbishop being also Duke of Colen, passed through a small Village in Germany, with so great a trame of armed men (according to the fashion of that people) that it nearly approached the greatness of an army; a certain country fellow broke forth into a loud laughter against him. And being therefore presented before the Archbishop, he boldly said, that he could not refrain both to laugh and to admire, considering the great poverty, the great humility, wherein the Apostles passed the travails of this life, that they who carry themselves for the Apostles successors, should thus plunge themselves both in plenty and in pride. Simple fellow, said the Archbishop, I do now bear the state and presence of a Duke; I represent an Archbishop when I am within the church. At this speech, the fellow did ●ise into a more broad and bold laughter. And being demanded the cause thereof, I pray you, said he, whilst this Duke ruineth the Church, both by action and example, how is the Bishop in the mean time busied; and when this Duke for this cause shall go to the devil, what shall then become of the Bishop? There was not any amongst us, who did not countenance this conceit with a smile. And this had put a period to our discourse, had not one maintained it with further speech; that he would gladly hear these questions so fully followed, as than he saw them fairly laid. Affirming, that thereby he supposed it would appeate, that it is impossible to find a work of so great weight, as is the supremacy of the Bishop of Rome, upon so weak and feeble a foundation. But this will require (said he) both the leisure and labour of some excellent Divine. True (answered N.) and yet many of these questions have a mixture of humanity: a mixture also both of the Civil and Canon law. And I have often marveled (with that he cast a side countenance upon me) by what means it falleth, when in other countries the professers of these laws are most accomplished scholars, and fittest for matters of mixed professions; that in England only, either they are not so, or are not so (at leastwise) reputed. I was forward to have answered. But it appeared that the intent of N. was, by crossing into this question to cut off the other. For, referring this point to a more private conference between him and me, he fell into variety of other talk. So, the time being well spent, after some ceremonies of courtesy, all of us withdrew, whither our particular occasions did lead. FINIS. Errata. Pag. 9 lin. 5. read Synesius. pag. 10. in marg. read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ p. 11. in marg. ●. read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 16. l. 30. read Dianae. p. 17. lin. 21. read Diodorus. p. 21. lin. 10. read Virgil. ibid. lin. 13. read Festus. p. 25. lin. 15. read ceremonies. p. 31. in marg. ●. read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 33. lin. 10. read Constantinople. ● pag. 38. in marg. read c. tibi domin●.