AN ANSWER Made by Rob. Bishop of winchester, to a Book entitled, THE DECLARATION OF SUCH Scruples, and stays of Conscience, touching the Oath of the Supremacy, as M. john Fekenham, by writing did deliver unto the L. Bishop of Winchester, with his Resolutions made thereunto. DEC. C. 23. Q. 5. Let the Princes of the world know, that they of duty shall render an account to God for the Church, which they have taken of Christ to preserve. For whether the Peace and Discipline of the Church be increased by faithful Princes, or it be loosed, he doth exact of them an account, who hath delivered his Church, to be committed to their power. Imprinted at London in Fleetstreate, at the sign of the Oliphante, by Henry Wykes. Anno. 1566. The preface. IT is now an whole year paste, since I heard of a book secretly scattered abroad by M. Fekenham among his friends: And in April last I came by a copy thereof. When I had red the book, and perceived both the matter and the manner of the man's doings therein: I saw his proofs so sclendre: and his manner of dealing so shameless: that I stood in doubt what to do, whether to discover the man by writing, or to shake him of with silence. If I had not seen a further meaning in his setting forth and publishing the book, than he durst plainly utter, or then his cunning could by any means Answer unto: or then, that I with a good conscience mought have neglected: I would have passed it over with silence, as a piece of work not worthy of Answer. But seeing the chief end and principal purpose intended, as may be justly gathered in publishing the book, was, to ingraft in the minds of the subjects a misliking of the queens Majesty, as though she usurped a power, and authority in Ecclesiastical matters, whereto she hath no right: to sclandre the whole Realm, as though it were stranged and directly against the Catholic Church, renouncing and refusing to have Communion therewith: And under my name to deface the ministers of Christ's Church: I could not choose, whiles I would wilfully neglect my duty to her Majesty, show myself overmuch unkind unto my native Country, and altogether become careless of the Church Ministry, but take pen in hand, and shape him a full and plain answer, without any curiosity. Wherein I follow the order of M. Fekenhams book: I make the proofs according to his request: and besides my proofs forth of the Scriptures, the ancient Doctors, the General councils and national: I make proof by the continual practice of the Church, in like government as the queens Majesty taketh upon her, and that, by such Authors, for a great sort of them, as are the more to be credited in this matter, for that they were most earnest fautors of the romish sea, infected as the times wear, with much superstition, and did attribute unto the sea of Rome, and so to the whole Clergy so much authority in Church matters, as they might, and much more than they ought to have done. Their judgements and sentences shall appear in reading by the form of letter: for leaving forth the Latin to avoid tediousness, I have put into English the Authors minds and sentences, and caused them, for the most part, to be Printed in Latin letters, that the English reader may know and decern the Authors sayings from mine. If this that I have done, work that effect in the English Reader which he ought to seek, and I do wish, I have won that I wrought for: but otherwise, let men say and judge what they list, I have discharged my conscience and showed the truth. Anno Domini. 1565. Feb. 25. Rob. Wynchester. AN ANSWER TO Master Io. Fekenham. Master Fekenham. The declaration of such scruples and stays of conscience touching the Oath of Supremacy as M. john Fekenham by writing did deliver unto the L. Bishop of Winchester, with his resolutions made thereunto. The Bishop of Wynchester. THe property of him that meaneth to declare rightly any matter done, is to set forth the truth without malice, to observe the due circumstances of the matter, persons, & times: and to use simple plainness without guileful ambiguities. This Title is so replenished with untrue report, & ambiguous sleights, without the note of any necessary circumstance, that there is not almost one true word therein: whereby you give at the first a taste to the indifferent reader, what he must look for in the sequel. You pretend, and would have your friends to think, that the first four chief points set forth in your book, were devised by you, put in writing, and so delivered unto me, as the matter and ground whereupon, the conference to be had betwixt me & you should stand: And that I made thereunto none other but such resolutions, as it hath pleased you untruly to report. In the first part, you convey an untruth under a coulorable and ambiguous meaning, in these words, as M. john Fekenham by writing did deliver unto the L. Bishop of winchester. In the other part, you make an untrue report without any colour at all. I do grant and will not deny, that you delivered to me a book: which, I thank God, I have to show, whereby to disprove you. The same will declare the time when, the place where, the occasion wherefore, the persons to whom the book was written, and what is the matter in general therein contained: Whereunto must be added, at what time the same was delivered unto me, upon what occasion, and to what end. All which circumstances you omit in your book published, lest you should have bewrayed yourself, and have appeared in your own likeness. The book by you delivered unto me, touching the Oath, was written in the Tower of London (as you yourself confessed, and the true title thereof doth plainly testify) in the time of the Parliament holden Anno quinto of the Q. Majesty. januarij. 12. at which time you little thought to have sojourned with me the winter following, & much less meant, to deliver me the scruples and stays of your conscience in writing, to be resolved at my hands. And although you would have it seem by that you have published abroad, that the cause why you wrote, was to be resolved at my hand: yet the truth is (as you yourself reported) that you & your Towerfellowes, hearing that the Statute moved for the assurance of the queens royal power, would pass & be established, did conceive that immediately after the same session, Commissioners should be sent unto you, to exact the oath. whereupon you to be in some areadines, to withstand and refuse the duty of a good subject, not without help of the rest (as may be gathered) devised the matter contained in the book, committed the same to writing, and purposed to have delivered it for your answer touching the Oath of the Supremacy to the Commissioners, if they had come. This may appear by the title of that book that you first delivered to me which is word for word as followeth. The answer made by M. john Fekenham Priest, and prisoner in the Tower, to the Queen's highness commissioners, touching the Oath of the Supremacy. In this title there is no mention of scruples & stays delivered to the Bishop of Wynchester, but of answer to the queens commissioners. I am not once named in the title, ne yet in the book delivered to me: neither is there one word as spoken to me: although in the book set abroad, you turn all as spoken to me. In your book published are found these kinds of speeches: To the L. Bishop of winchester. When your L. shallbe able etc. I shall join this issue with your L. etc. But it is far otherwise in your book delivered to me, namely: To the Queen's highness commissioners. When ye the Queen's highness commissioners shallbe able etc. I shall join this issue with you, that when any one of you, the Queen's highness commissioners. etc. From October, at what time you were sent to me, unto the end of january, there was daily conference betwixt us in matters of Religion, but chiefly touching the four points, which you term scruples & stays of conscience, and that by word of mouth, and not by any writing. In all which points, you were so answered, that you had nothing to object, but seemed resolved, and in a manner fully satisfied. Whereupon, I made afterward relation (of good meaning towards you) to certain honourable persons of the good hope I had conceived of your conformity. At which time, a certain friend of yours standing by, & hearing what I had declared then to the honourable in your commendation, did shortly after report the same unto you, which as it seemed you did so much mislike (doubting that your confederates should understand of your revolt, which they ever feared, having experience of your shrinking from them at Westminster in the conference there, the first year of the queens Majesty) that after that time I found you always much more repugnant, and contrary to that wherein ye before times seemed in manner thoroughly resolved: And also to go from that you before agreed unto. By reason whereof, when in debating betwixt us, you using many shifts, amongst other did continually quarrel in Sophistication of words, I did will you, to th'end we might certainly go forward in the points material, that you would write your Positions or Assertions in form of Propositions: which I could not cause you to do in any wise, but ye would still stand uncertainly in granting & denying at your pleasure: Yea, although I for the better agreement to be had, did draw such in form of Assertion, & gave them in writing unto you, as I gathered of your own mouth to be your opinion: yet would ye in no wise stand to, & rest in any one certainly, but used still your accustomed wrangling and wandering at large. Which your behaviour so much misliked me, that I could not but earnestly charged you with inconstancy, in that ye would sometimes deny, that ye before had granted: and also grant, that ye before had denied. Then being so much pressed herewith, and perceiving that your froward quarelling with the plain words of the Statute, could no longer cover your evil meaning, at the length you did require, that I would put in writing the words of the Oath, with the sense or interpretation added thereunto, as you considering thereupon, might devise the form of your Propositions, whereupon we might afterwards debate. By this it may appear, both how untrue it is, that you hitherto had delivered unto me any such scruples of yours in writing, as you pretend in the title (for then I needed not to have sought any Propositions of your Assertions) and also how untrue this is, that the interpretation of the Oath which I wrote at your request, before I ever saw any writing of yours, was to answer your scruples and stays delivered to me in writing. After this in February following, certain persons of worship resorted to my house, partly to see me, & partly to hear somewhat betwixt me and you. And after that we had reasoned in certain points touching Religion, wherein ye seemed openly to have little matter to stand in, but rather did yield to the most in substance that I had said: nevertheless being after withdrawn in some of their companies, although ye did seem openly to consent and agree with me in that I had said: Yet (said you,) The matter itself is grounded here, (pointing to your breast) that shall never go out. Which being told me, I did vehemently then challenged you for your double dealing, and colourable behaviour: saying, that I thought you did not that you did, of any conscience at all: & therefore counted it but lost labour, further to travail with such a one as had neither conscience nor constancy. But you, to show that ye did all of conscience, showed me both what ye had suffered for the same in diverse manners, and also how the same was grounded in you long before. For proof whereof, ye offered to show me a book of yours, that ye had devised in the Tower, & the same shortly after did deliver unto me, not as your scruples and doubts to be resolved at my hand, wherein ye seemed in our conference before had, resolved: but only to declare, that the matter had been long before settled in you, and this was th'only and mere occasion of the delivery of the said book unto me, entitled as is before declared & not otherwise. But as you have cast a mist before the eyes of the readers, under the speech of a delivery in writing, without noting of any circumstance that might make the matter clear, wherein you show yourself to have no good meaning: even so have you set forth resolutions of your own devise under my name, because you are ashamed to utter mine, whereunto you yielded, and were not able to answer. M. Fekenham. For asmuch as one chief purpose and intent of this Oath is, for a more saulfgarde to be had of the Queen's royal person and of her highness most quiet and prosperous reign: I do here presently therefore offer myself to receive a corporal Oath upon the Evangelists, that I do verily think and am so persuaded in my conscience, that the Queen's highness is th'only supreme governor of this realm, and of all other her highness Dominions and Countries according as thexpress words are in the beginning of the said Oath. And further I shall presently swear, that her highness hath under God, the sovereignty and rule over all manner of persons borne within these her highness realms of what estate (either Ecclesiastical or Temporal) so ever they be. The B. of Wynchester. How so ever by words you would seem to tender her majesties saulfty, quietness, and prosperous reign, your deeds declare your meaning to be clean contrary. What saulfty mean you to her person, when you bereave the same of a principal part of the royal power? what quietness seek you to her person, when one chief purpose and intent of your book published, is to stay & bring her subjects to an heretical misliking of her royal power, which is a preparation to rebellion against her person? How much prosperity you wish to her majesties reign appeareth, when that with deep sighs and groans you look daily for a change thereof, and tharche Heretic of Rome, your God in earth, to reign in her place. If I knew you not right well, I should marvel, that you shame not to affirm, saying: I do here presently therefore offer myself to receive a corporal Oath: and further I shall presently swear etc. seeing that you never made to me any motion of such an offer, neither did I at any time require you to take any Oath. You think & are so persuaded in conscience (if a man may trust you) that the queens highness is the only supreme governor of this Realm, and of all her dominions and countries, and hath under God, the sovereignty and rule over all manner of persons, borne within her dominions of what estate either Ecclesiastical or Temporal so ever they be. Whereunto I add this consequent which doth necessarily follow, Ergo: Your holy father the Pope is not (as you think in your conscience) the supreme governor over her highness dominions, nor hath the sovereignty or rule under God over any persons borne within the same. The queens majesty must needs herein take you but for a dissembling flatterer, in that you will seem sometime in general speech, to attribute unto her th'only Supremacy under God, over her dominions and subjects which you mean not, for within a while after in plain words you deny the same. And your holy Father will give you his curse, for that being his sworn Advocate, at the first entry in to the plea, you give from him the whole title of his unjust claim, to wit, the supreme governance over the queens highness dominions and people. You must now therefore make some shift, and call to remembrance one sleight or other by some distinction, whereby to avoid your holy Father's curse, that you may continue under his blessing. You will expound your meaning by restreiguing the supreme government of the queens majesty only in causes Temporal, and not in causes or things Ecclesiastical. But this distinction cometh to late, and will do you no ease, for that in both these kinds of causes you have already granted unto her the only supreme government: and that as you verily think persuaded in conscience: whereupon you offer to receive a corporal Oath upon the Evangelists. And this your grant passed from you by these words: Over all manner persons borne within her dominions of what estate either Ecclesiastical or Temporal so ever rheybe: In this that you grant unto her highness th'only supreme rule over the Lay and Ecclesiastical persons: you have also concluded therewith in all causes both Ecclesiastical and Temporal, which is plainly and firmly proved by this argument following. A supreme governor or ruler is one, who hath to oversee, Definition of a governor. guide, care, provide, order and direct the things under his government and rule, to that end, and in those actions which are appointed and do properly belong to the subject or thing governed. So that in every government and rule there are three things necessarily concurraunt: the Governor, the Subject, or matter governed, and the object or matter whereabout and wherein the government is occupied & doth consist. But the queens highness, by your own confession, is the only supreme governor over all manner persons Ecclesiastical borne within her dominions: Ergo: Her highness thonly supreme governor over such persons hath to oversee, guide, care, provide, order, and direct them to that end and in those actions which are appointed and do properly belong to Ecclesiastical persons. And so by good consequent you have renounced all foreign government. For this exclusive, Only, doth shut out all other from supreme government over Ecclesiastical persons: and also ye do affirm the queens majesty to be supreme governor in those actions which are appointed, and that do properly belong to Ecclesiastical persons, which are no other but things or causes Ecclesiastical. M. Fekenham. And of my part I shall swear to observe and perform my obedience and subjection with no less loyalty and faithfulness unto her highness, than I did before unto Queen Mary, her highness sister of famous memory, unto whom I was a sworn Chaplain and most bounden. The B. of Wynchester. Like an unfaithful subject contrary to your Oath made to King Henry, and continued all the reign of King Edward, you helped to spoil Queen Mary of famous memory of a principal part of her royal power, right and dignity, which she at the beginning of her reign had, enjoyed, and put in ure. The same obedience & subjection, with the like loyalty and faithfulness, ye will swear to observe & perform to Queen Elizabeth, but she thanketh you for nought, she will none of it, she hath espied you, and thinketh, ye proffer her to much wrong. M. Fekenham. And touching the rest of the Oath, whereunto I am required presently to swear, viz. That I do utterly testify and declare in my conscience, that the Queen's highness is the only supreme governor of this realm, aswell in all Spiritual or Ecclesiastical things or causes, as Temporal: I shall then of my part be in like readiness, to receive the same, when your L. shallbe able to make declaration unto me, how and by what means, I may swear thereunto, without committing of a very plain and manifest perjury: which of my part to be committed, it is damnable sin, and against the express word of God written, levit. cap. 19 Non periurabis in nomine meo, nec pollues nomen Dei tui. And of your part to provoke me or require the same, it is no less damnable offence. S. Austin in witness thereof, saith: Ille qui hominem provocat ad iurationem etc. He who doth provoke an other man to swear, and knoweth that he shall forswear himself, he is worse than a murderer: because the murderer slayeth but the body, and he slayeth the soul, and that not one soul, but two as the soul of him whom he provoketh to perjury, and his own soul also by ministering the occasion thereof. And the points of this Oath, whereunto I cannot presently swear without most plain and manifest perjury, are these four following. The B. of Wynchester. As in that which goeth before, you covertly uttered many untruths? although sometime ye stumble on the truth against your will: so in the rest you fall to plain & manifest untruths: lest men should not perceive what you are. You were never by me required to swear, and therefore this is an impudent kind of dealing, to say: whereunto I am presently required to swear, etc. I had none authority nor commission to require the Oath of you, neither might I tender it unto you without peril to myself: you being committed unto me by the most Honourable Counsel, without whose order, I could attempt no such matter. You have already showed in plain matter, although not in plainness of speech, & that as you think, & are persuaded in conscience, that her highness is the supreme governor, so well in causes Ecclesiastical as Temporal. For having supremacy over the Ecclesiastical person, the same being not otherwise person Ecclesiastical, but in respect of Ecclesiastical functions, things & causes annexed and properly belonging to Ecclesiastical persons: she hath the Supremacy over the person in Ecclesiastical functions, things & causes, these being the only matter or object where about or wherein the rule over an Ecclesiastical person is occupied and doth consist. This seemeth to be your glory amongst your friends, that you make me an offer, to receive this part of the Oath, when I shallbe able to declare by what means you may swear without committing plain & manifest perjury: Mine ability herein shall appear in mine answer to your four points: God make you as ready to perform, for duties sake, as ye will seem ready to offer, whereby to purchase to yourself a glorious estimation. But wherefore did you not make this offer unto me, either by word or writing all the time of your abode with me? You play now after your return into your hold, as you did after the Parliament before you came out of the Tower to me. When you saw the end of the Parliament, & understood right well, that the Oath was not like to be tendered unto you, than sent you copies of the book devised for your answer touching the Oath, abroad to your friends, to declare your constancy & aredines, to refuse the Oath, whereby they might be the rather induced, to continued their good opinion conceived of you, & also pay your charges weakly in the Tower sent unto you every Saturday by your servant, who wrote & delivered the copies abroad, as you told me yourself. Now you are returned again in to the Tower, & perceiving that your friends, (as you gave them just cause) have some mistrust of your revolt & wavering inconstancy, whereby your estimation & fame, with their service to your God the belly is decayed, you have devised to set abroad the self same book again that you did before, & to the self same end, altering or changing nothing at all, saving that you have given it a new name & Title, & seem as in this place, as though ye spoke to me by these words: when your L. etc. When as in very deed, there was never any such word spoken or written to me: and in the book you delivered to me, your speech is directed to the commissioners, and not to me, in these words: When ye the Queen's highness commissioners shallbe able etc. M. Fekenham. First is, that I must by a book Oath utterly testify, that the Queen's highness is the only supreme governor of this realm, and that aswell in all Spiritual or Ecclesiastical things or causes, as Temporal. But to testify any thing upon a book Oath, no man may possibly therein avoid perjury, except he do first know the thing which he doth testify, and whereof he beareth witness and giveth testimony. And touching this knowledge, that the Queen's majesty, is the only supreme governor aswell in Spiritual or Ecclesiastical causes as in Temporal, besides that I have no such knowledge, I know no way nor mean whereby I should have any knowledge thereof. And therefore of my part to testify the same upon a book Oath, being without (as I am in deed) all knowledge, I cannot without committing of plain and manifest perjury. And herein I shall join this issue with your L. that when your L. shallbe able, either by such order of government, as our Saviour Christ left behind him in his Gospel and new Testament, either by the writing of such learned Doctors both Old and New, which have from age to age witnessed the order of Ecclesiastical government in Christ's Church, either by the general Councils, wherein the right order of Ecclesiastical government in Christ's Church, hath been most faithfully declared and showed from time to time: or else by the continual practice of the like Ecclesiastical government, in some one Church or part of all Christendom. When your L. shallbe able by any of these four means, to make proof unto me, that any Emperor, or Empress, King or Queen, may claim or take upon them any such government, in Spiritual or Ecclesiastical causes: than I shall herein yield, and with most humble thanks reckon myself well satisfied, and shall take upon me the knowledge thereof, and be ready to testify the same upon a book Oath. The B. of Wynchester. The reason or argument that moveth you, not to testify upon a book Oath, the Q. Supremacy in causes Ecclesiastical, is this: No man may testify by Oath that thing whereof he is ignorant and knoweth nothing, without committing perjury. But you neither know that the Q. highness is the only supreme governor aswell in causes Ecclesiastical, as Temporal: neither yet know you any way or mean whereby to have any knowledge thereof: Therefore to testify the same upon a book Oath, you cannot without committing of plain and manifest perjury. For answer to the Minor or second Proposition of this argument: Although I might plainly deny, that you are without all knowledge, and utterly ignorant both of the matter and of the way or mean, how to come by knowledge thereof, and so put you to your proof, wherein I know, you must needs fail: yet will I not so answers by plain negative, but by distinction or division of ignorance. And so for your better excuse, declare in what sort you are ignorant and without all knowledge. There are three kinds of ignorantes, the one of simplicity, the other Thom. Aquin. quaest. 3. de malo. of wilfulness, and the third of malice. Of the first sort you cannot be, for you have had long time, good opportunity, much occasion, and many ways, whereby to come to the knowledge hereof. Yea, you have known & professed openly by deed and word the knowledge hereof many years together. For you did know, acknowledge, and confess, this supreme authority in causes Ecclesiastical to be in King Henry the eight and his heirs, when your Abbay of Euesham, by common consent of you and the other Monks there under your covent seal, was of your own good wills without compulsion surrendered in to his hands, and you, by his authority, reformed, forsook your foolish vow, & many horrible errors, and superstitions of Monkery, and became a secular Priest, and Chaplain to D. Bell, and afterward to D. Boner, & so during the life of King Henry the eight, did agnize profess and teach openly in your sermons the kings Supremacy in causes Ecclesiastical. This knowledge remained steadfastly in you all the time of king Edward also. For although you were in the Tower in his time, that was not for any doubt you made of his Supremacy, for that you still agnized: but for other points of Religion touching the ministration of the Sacraments, whereunto you also agreed at the last, & promised to profess, & preach the same in open auditory wheresoever you should be appointed. Whereupon a right worshipful gentleman procured your deliverance forth of the Tower, and so were you at liberty, never mencioninge any doubt in this matter: but agnizing the Prince's Supremacy in causes Ecclesiastical. Wherefore I may saulfly say, that the ignorance and want of knowledge which you pretend in your Minor Proposition, is not of simplicity, and therefore must needs be of wilfulness, or malice, or mixed of both. The way and mean whereby to have this ignorance removed, you assign with this issue, that when I prove unto you, by any of the four means, that any Emperor, or Empress, King or Queen may take upon them any such government in Spiritual or Ecclesiastical causes, than you will yield, take upon you the knowledge thereof, & be ready to testify the same by book Oath. Truly, I have often and many times proved this same that you require, & by the self same means in such sort unto you, that you had nothing to say to the contrary. And yet nevertheless you continue still in your wilful and malicious ignorance, which causeth me to fear that this sentence of the holy ghost willbe verified in you: In malevolam animam non introibit sapientia. Yet I will ones again prove ●a●ien. 1. after your desire, even as it were by putting you in remembrance of those things which by occasions in conference, I often and many times reported unto you, whereof I know you are not simply ignorant. You require a proof hereof, that an Emperor or Empress, King or Queen, may claim or take upon them any such government (meaning as the queens majesty, our Sovereign, doth now challenge and take upon her) in Spiritual or Ecclesiastical causes. For answer I say, they ought to take upon them such government, therefore they may lawfully do it. The former part is found true by the whole discourse of the holy Scriptures both of the Old and new Testament: by the testimony of the Doctors in Christ's Church: by the general Counsels: and by the practice of Christ's Catholic Church through out all Christendom. The holy Scriptures describing the conditions, and Deuter. 17. properties required in a King, amongst other doth command, that he have by him the book of the Law, and The duty of a King. do diligently occupy himself in reading thereof, to the end he may thereby learn to fear the Lord his God, (that is, to have the fear of God planted within himself in his own heart) to keep all the words, and to accomplish in deed all the ordinances, or (as the old translation hath it) all the ceremonies by God commanded (that is) to govern in such sort. That he Gloss. ordinar. cause, by his Princely authority, his subjects also to become Israelites. To wit, men that see, know, and understand, the will of God. Redressinge the perverseness of such, as swerver Aben. Ezra. from God's ordinances or ceremonies. Whereupon it is, that God doth command the Magistrate, that Deuter. 13. he make diligent examination of the Doctrine taught by any, and that he do sharply punish both the teachers of false and superstitious Religion, with the followers, and also remove quite out of the way all manner of evil. The best and most godly Princes that ever governed God's people, did perceive and rightly understand this to be God's will, that they ought to have an especial regard and care for the ordering and setting forth of God's true Religion, and therefore used great diligence with fervent zeal to perfour●● and accomplish the same. Moses was the supreme governor over God's people (& was not the chief Priest or Bishop, for that was Aaron) whose authority, zeal, and care in appointing and ordering Religion amongst God's people, prescribing to all the people, yea to Aaron and the Levites, what, and after what sort, they should execute their functions, correcting and chastening the transgressors, is manifestly set forth in his book called the Pentateuche. After the death of Moses, the people as yet not entered and settled in the promised Land, the charged of chief government over God's people both in causes Temporal and Ecclesiastical, was committed to joshua, and not to Eleazar, for to him belonged only the ministration of the things belonging to the Priestly office. And to joshua the Prince belonged the over sight both over the Priests and people, to govern, guide, order, appoint and direct each estate, in all things that appertained to each of their callings. Of the one ye seem to have no doubt at all: the other is as plain. For at the appointment of joshua, the Priests removed the Ark of covenant and placed the same. He joshua. 3. did interpret unto the people the spiritual meaning of joshua. 4. the twelve stones, which they had taken by God's commandment forth of jordan to be as Sacraments or Signs. He circumcised the children of Israel at the second joshua. 5. time of the great and solemn Circumcision. He calleth the Priests, commandeth some of them to take up the joshua. 6. lords Ark: other seven of them to blow seven trumpets before the Ark, & appointeth to them the order of proceeding. He builded an altar unto the Lord God of Israel, according to the Law of God: he sacrificed thereon, joshua. 8. burnt sacrifices and burnt offerings: He wrote there upon the stones, the Deuteronomy of Moses: He red all the blessings and cursings, as they are set forth in the book of the Law: And he red all what so ever Moses had commanded before all the congregation of Israel, etc. Last of all joshua, to show that causes of Religion did specially belong to his charge and care, maketh a long and a vehement oration unto the Israelites, wherein he exhorteth them to cleave unto the Lord with a sure faith, a constant hope, and a perfect love, obeiing and serving him with such service as he hath appointed in his Law. And doth zealously and with great threats dissuade them from all kind of Idolatry and false Religion. joshua. 23. 24 David whom God appointed to be the pastor, (that 2. Sam. 5. is, the king over Israel) to feed his people, did understand that to this pastoral office of a king, did belong of duty, not only a charge to provide that the people might be governed with justice, and live in civil honesty, peace, and tranquillity, public and private: but also to have a special regard and care, to see them said with true doctrine, and to be fostered up in the Religion, appointed by God himself in his Law. And therefore immediately after he was with some quietness settled in his royal seat, the first thing that he began to reform and restore to the right order, as a thing the appertained especially to his princely charge and care, was God's Religion & Service, which had been decayed and neglected long before in the time of king Saul. For the better performance whereof, as the supreme governor over all the estates both of the laity and of the Clergy, in all manner of causes: after consultation had with his chief Counsellors, he calleth 1. Paral. 13. the Priests and Levites, and commandeth, appointeth, and directeth them in all manner of things & causes, appertaining to their ecclesiastical functions & offices. He prepareth a seemly place for the Ark in his own City. He goeth with great solemnity to fetch the Ark of the lord. He commandeth Sadoc & Abiathar the priests, and the 1. Paral. 15. chief among the Levites, to sanctify themselves with their brethren, & than to carry the Ark upon their shoulders unto the place appointed. He comptrolleth them that the Ark was not carried before on their shoulders according to the Law: and therefore layeth to their charge the breach that was made by the death of Vsa. He commandeth also the chief of the Levites, to appoint among their brethren, Musicians to play on divers kinds of instruments, 1. Paral. 16. and to make melody with joyfulness. He sacrificeth burnt and peace offerings. He blessed the people in the name of the Lord. He appointeth certain of the Levites, to minister continually before the Ark of the Lord, to rehearse his great benefits, to the honour & praise of the lord God of Israel. And for that present time he made a Psalm of God's praise, and appointed Asaph & his brethren to praise God therewith. He ordained the Priests, Levites, singers, and Porters, and in some, he appointed & ordered all th' officers & offices, required to be in the house of the Lord, for the setting forth of his service & Religion. Solomon deposed Abiathar the high Priest, and placed 3. Reg. 2. 3. Reg. 5. Sadoc in his room. And he builded the Temple, placed the Ark in the place appointed for the same. Hallowed or dedicated the Temple, offered sacrifices, blessed the people, directed the Priests, Levites, and other church officers, in their functions, according to the order before taken by his father David. And neither the Priests nor Levites▪ swerved in any thing (pertaining to their office) from that, that the 2. Paral. 8. king commanded them. josephat hath no small commendation in the Scriptures, for that he so studiously used his princely authority in the reformation of Religion, and matters appertaining, thereunto. He removed at the first beginning of his reign all manner of false Religion, and what so ever might be cause of 2 Paral. 17. Gloss. ord. offence to the faithful. He sent forth through his kingdom visitors, both of his Princes, and also of the Priests & Levites, with the book of the Law of the Lord, to the end they should instruct, & teach the people, & reform all manner abuses in ecclesiastical causes according to that book. After a while he made a progress in his own person throughout all his country, and by his preachers reduced and brought again his people from superstition, & false Religion, unto the Lord the God of their fathers. He appointed in every town throughout his kingdom, 2. Paral. 19, as it were justices of the peace, such as feared the Lord, and abhorred false Religion, to decide controversies in civil causes: and in like sort he appointed and ordained the high Priests with other Priests, Levites, and of the chief rulers among the Israelites, to be at Jerusalem to decide, and judge controversies of great weight, that should arise about matters of Religion and the Law. He did command and prescribe unto the chief Priests and Levites, what for-me and order they should observe in the ecclesiastical causes and controversies of Religion, that were not so difficult and weighty. And when any token of God's displeasure appeared, either by wars orother calamity, he gave order to his subjects for common prayer, and enjoined to them public fast, with earnest preaching 2. Paral. 20. of repentance, and seeking after the will of the Lord to obey and follow the same. Ezechias the king of juda, hath this testimony of the holy Ghost, that the like governor had not been, neither 4. Reg. 18. should be after him amongst the kings of juda. For he cleaved unto the Lord and swerved not from the precepts which the Lord gave by Moses. And to express, that the office, rule, and government of a godly king consisteth, and is occupied according to God's ordinance and precept, first of all in matters of Religion, and causes Ecclesiastical, the holy ghost doth commend this king for his diligent care in reforming Religion. He took quite away (saith the holy ghost) all manner of Idolatry, superstition, and false Religion, yea, even in the first year of his reign, and the first month he opened the doors of God's house: He calleth as it were to a Synod the Priests, and Levites, be maketh unto them a 2. Parali. 29. long and pithy oration, declaring the horrible disorders and abuses that hath been in Religion, the causes, and what evils followed to the whole Realm thereupon: He declareth his full determination to restore and reform Religion according to Gods will. He commandeth them therefore, that they laying aside all errors, ignorance, and negligence, do the parts of faithful ministers. The Priests & Levites assembled together, did sanctify themselves, and did purge the house of the Lord from all uncleanness of false Religion, at the commandment of the king concerning things of the Lord. That done, they came unto the king, and made to him an account and report what they had done. The king assembleth the chief Rulers of the City, goeth to the Temple, he commandeth the Priests and Levites, to make oblation and sacrifice for whole Israel. He appointeth the Levites after their order in the house of the Lord, to their musical instruments, and of the Priests to play on Shawms, according as David had disposed the order by the counsel of the Prophets. He and the Princes commandeth the 2. Parali. 30. Levites to praise the Lord with that Psalm that David made for the like purpose. He appointed a very solemn keeping and ministering of the passover, whereunto he exhorteth all the Israelites, and to turn from their Idolatry and false Religion unto the Lord God of Israel. He made solemn prayer for the people. The king with comfortable words encouraged the Levites that were zealous, and had a right judgement of the Lord, to offer sacrifices of thanks giving, and to praise the Lord the God of their fathers, and assigned the Priests and Levites to minister, and give thanks, according to their offices in their courses and turns. And for the better continuance of God's true Religion, he caused a sufficient and liberal provision to be made from the people, for the Priests and Levites, that they might wholly, cheerfully, and constantly, serve the Lord in their vocations. These doings of the king Ezechias touching matters of Religion, and the reformation thereof, saith 2. Parali. 31. the holy ghost, was his acceptable service of the Lord, dutiful both to God and his people. josias had the like care for Religion, and used in the 4. Reg. 23. same sort his princely authority, in reforming all abuses in all manner causes ecclesiastical. These godly kings claimed and took upon them the supreme government over the ecclesiastical persons of all degrees, and did rule, govern, and direct them in all their functions, and in all manner causes belonging to Religion, and received this witness of their doings, to wit, that they did acceptable service, and nothing but that which was right in God's sight. Therefore it followeth well by good consequent, that Kings or Queens may claim and take upon them such government in things or causes ecclesiastical. For that is right, saith the holy ghost: they should than do wrong if they did it not. You suppose, that ye have escaped the force of all these and such like godly kings (which do marvelously shake your hold) and that they may not be alleged against you, neither any testimony out of the old testament, for that ye have restreignes the proof for your contentation, to such order of government as Christ hath assigned in the Gospel, to be in the time of the new Testament, wherein you have sought a subtile shift. For whiles ye seek to cloak your error under the shadow of Christ's Ghospel, you bewray your secret heresies, turning yourself naked to be seen of all men, and your cause notwithstanding, left in the state it was before, nothing helped by this your poor shift of restraint. So that where your friends took you before but only for a Papist: now have you showed yourself to them plainly herein to be a Donatist also. When the Donatists troubled the peace of Christ's catholic Church, and divided themselves from the unity thereof, as now you do: The godly fathers travailed to confute their heresies by the Scriptures, both of the old and new Testament: and also craved aid and assistance, of the Magistrates and Rulers to reform them, to reduce them to the unity of the Church, & to repress their heresies, with their authority & godly laws made for that purpose, to whom it belonged of duty, and whose especial service to Christ is, to see, care, and provide, that their subjects be governed, defended, & maintained in the true and sincere Religion of Christ, without all errors, superstitions and heresies, as S. Augustine proveth at large in his epistle against Vincentius a Rogatiste, in his epistle to Bonifacins, and in his books Epist. 48. Epist. 50. Lib. 2. cont. lit. Pet. Lib. 2. cont. Epi. Gaud. against Petilian, and Gaudentius letters. Against this catholic doctrine, your ancestors the Donatists, arise up and desende themselves with this colour or pretence, that they be of the catholic faith, and that their church, is the catholic church: (Which shift for their defence against God's truth, the Popish sectaries do use August. Epist. 48. in this our time, being no more of the one, or of the other, than were the Donatists and such like, of whom they learned to cover their horrible heresies under the same fair cloak) that the secular Princes have not to meddle in matters of Religion or causes ecclesiastical. That God Cont. lit. Petil. lib. 2. cap. 92. Lib. 2. con. Epist. 2. Gaud. ca 26 committed not the teaching of his people to kings, but to Prophets. Christ sent not soldiers but fishers, to bring in and further his Religion, that there is no example of such order, found in the Gospel or new Testament, whereby it may appear, that to secular Princes it belongeth Epist. 48. &. 50. to have care in matters of Religion. And that (as it seemeth by that S. Augustine by prevention objecteth against them) they subtly refused all proofs or examples avouched out of the old Testament (as ye craftily do also, in binding me only to the new Testament) which S. Lib. 2. cont. lit. Petil. ca 92. Augustine calleth, an odious and wicked guile of the Donatists. Let your friends now, whom ye will seem to please so much, when you beguile them most of all, weigh with advisement, what was the erroneous opinion, touching the authority of Princes in causes ecclesiastical of the Donatists (as it is here rightly gathered forth of S. Augustine) and let them consider wisely these foul shifts they make for their defence: And then compare your opinion and guileful defences thereof to theirs, and they must needds clap you on the back, & say to you Patrisas▪ (if there be any upright judgement in them) deeming you so like your great grandsire Donatus, as though he had spit you out of his own mouth. But for that S. Augustine's judgement and mine, in this controversy is alone, as your opinion herein differeth nothing at all from the Donatists: I will use no other confirmation of my proofs alleged forth of the old Testament, for the reproof of your guylful restraint, them Christ's catholic Church, uttered by that catholic Doctor S. Augustin, against all the sects of Donatists, whether they be Gaudentians, Petilians, Rogatistes, Papists, or any other petit sects sprung out of his loins, what name so ever they have. S. Augustine against Gaudentius, his second epistle Lib. 2. ca.▪ 26 affirmeth, saying: I have (saith he) already heretofore made it manifest, that it appertained to the kings charge, that the Ninivites should pacify God's wrath, which the Prophet had denounced unto them. The kings which are of Christ's Church, do judge most rightly that it appertaineth unto their cure that you (Donatists) rebel not without punishment against the same. etc. God doth inspire into kings, that they should procure the commandment of their Lord, to be performed or kept in their kingdom. For they to whom it is said: and now ye kings understand, be ye learned ye judges of the earth, serve the Lord in fear: do perceive that their authority ought so to serve the Lord, that such as will not obey his will, should be punished of that authority. etc. Yea, saith the same S. Aug. Let the kings of the earth serve Christ, even in making laws for Christ: Epist. 48. meaning for the furtherance of Christ's religion. How then doth kings (saith S. Aug. to Bonifacius, against the Donatists) serve the lord with reverence, but in forbidding and punishing Epist. 50. with a religious severity, such things as are done against the lords commandments For a king serveth one way in that he is a man, an other way, in respect that he is a king. Because in respect that he is but ● man, he serveth the Lord in living faithfully: but in that he is also a king, he serveth in making Laws of convenient force to command just things, and to forbid the contrary, etc. In this therefore kings serve the Lord, when they do those things to serve him, which they could not do were they not kings, etc. But after that this began to be fulfilled which is written: and all the kings of the earth shall worship him, all the Nations shall serve him, what man being in his right wits, may say to kings? Care not you in your kingdoms, who defendeth or oppugneth the Church of your Lord? Let it not appertain, or be any part of your care, who is religious in your kingdom, or a wicked depraver of Religion. This was the judgement of S. Augustine, or rather of Christ's catholic Church, uttered by him against the Donatists, touching the Service, authority, power, and care, that kings have or aught to have in causes spiritual or ecclesiastical, the which is also the judgement of Christ's catholic Church, now in these days maintained and defended, by the true ministers of the same catholic Church, against all Popish Donatists: with the force of God's holy word, both of the old and new Testament, even as S. Augustine did before. Who to prove and confirm this his assertion to be true against the Donatists, did avouch many more examples, than I have cited out of the old Testament: As of the king of Ninive, of Darius, Nabuchodonozor, & others: Epist. 48. affirming that the histories and other testimonies, cited for this matter out of the old Testament, are partly figures, and partly prophecies, of the power, duty, and service that kings should owe and perform in like sort, to the furtherance of Christ's Religion, in the time of the new Testament. The Donatists in the defence of their heresy, restrained S. Augustine, to the example and testimony, of such like order of Princes. Service in matters of Religion, to be found in the Scriptures of the new Testament: meaning that it could not be found in any order that Christ left behind him, as you also fantasied when you wrote the same in your book following, yea, going even cheek by cheek with them. But S. Augustine maketh answer to you all for him and me both: Who, rehcarsing the acts of the godly kings of the old Testament, taketh this for a thing not to be denied, to wit, That the ancient acts of the godly kings, mentioned in the Prophetical books, were figures of the like facts, to be done by the Epist. 48. godly Princes in the time of the new Testament. And although there was not in the time of the Apostles, nor of long time after, any kings or princes, that put the same ordinance of Christ in practice, all being infideles for the most part: yet the service of kings was figured (as S. Augustine saith) in Nabuchodonozor and others, to be Epist. 50. put in practice, when this of. 71. Psalm should be fulfilled: and all the kings of the earth shall worship Christ, and all nations shall serve him etc. As yet in the Apostles time, this prophecy (saith he) Epist. 48. was not fulfilled: and now ye kings understand, be learned ye that judge the earth, and serve the Lord in fear with reverence. When the christian Emperors and Princes, (saith this catholic father) shall hear that Nabuchodonozor, after he had seen the marvelous power of almighty God, in saving the three young men, from the Lib. 2. cont. lit. Petil. ca 92. Danie. 3. violence of the fire, walking therein without hurt, was so astonished at the miracle, that he himself being before this but a cruel idolater, began forthwith upon this wondrous sight, to understand and serve the Lord with reverent fear: Do not they understand; that these things, are therefore written and recited in the Christian assemblies, that these should be examples to themselves of faith in God, to the furtherance of Religion? These Christian rulers, therefore minding according to the admonition of the Psalm, to understand, to be learned and to serve the Lord with reverent fear, do very attentively give ear, and mark what Nabuchodonozor after said: for he, saith the Prophet, made a decree or statute, for all the people that were under his ●beissance: that who so ever should after the publication thereof, speak any blasphemy against the almighty, they should suffer death, and their Goods be confiscate. Now if the Christian Emperors, and kings, do know, that Nabuchodonozor made this decree against the blasphemers of God, surely they cast in their minds, what they are bound to decree in their kingdoms, to wit, that the self same God, and his Sacraments, be not lightly set by and contemned. Thus far S. Augustin: By whose judgement, being also the judgement of the catholic church, it is manifest, that the order, rule, and government, in Ecclesiastical causes, practised by the kings of the old Testament, being figures and prophecies, of the like government, and service, to be in the kings under the new Testament, is the order of government, that Christ left behind him in the Gospel and new Testament: and so directly confuteth your erroneous opinion. Now I will conclude on this sort, that which I affirmed: namely that kings, and Princes, aught to take upon them government in Ecclesiastical causes. What government, orde, and dutifulness, so ever Rom. 1. belonging to any, God hath figured and promised before hand by his Prophets, in the holy Scriptures of the old Testament, to be performed by Christ, and those of his kingdom: that is the government, order, and dutifulness, set forth and required, in the Ghospel, or new Testament. But that faithful Emperors, Kings, and Rulers, aught of duty, as belonging to their office, to claim and take upon them the government, authority, power, care, and service, of God their Lord, in matters of Religion, or causes Ecclesiastical, was an order and dutifulness for them: prefigured and fore promised of God by his Prophets, in the Scriptures of the old Testament, as S. Augustine hath sufficiently witnessed: Ergo. Christian Emperors, Kings, and Rulers, own of duty, as belonging to their office, to claim, and take upon them, the government, authority, power, care, and service of God their Lord, in matters of Religion: or Spiritual, or Ecclesiastical causes, is the government, order, and dutifulness, set forth, and required, in the Gospel or new Testament. This that hath been already said, might satisfy any man that erreth of simple ignorance. But for that your wilfulness is such, that you delight only in wrangling against the truth, appear it to you never so plain, and that no weight of good proofs, can press you, you are so slippery, I will load you with heaps, even of such proofs, as ye will seem desirous to have. The holy Ghost describing by the Prophet Esay, what shallbe the state of Christ's Church in the time of the new Testament, yea now in these our days (for this our time is the time that the Prophet speaketh of, as S. Paul witnesseth to the Corinthians) addeth many comfortable 2. Cor. 6. promises, & amongst other maketh this to Christ's Catholic Church, to wit, Kings shallbe Nourshing Fathers, Esa. 49. and Queens shallbe thy nurses. Nourishing Fathers saith the gloze interlined, In lact verbi. In the milk of the word, meaning God's word. Lyra addeth: This prophecy is manifestly fulfilled in many Kings and Queens, Lyra in Esa. cap. 49. who receiving the Catholic Faith, did feed the poor faithful ones. etc. And this reverence to be done by Kings, (saith Lyra) was fulfilled in the time of Constantine and other Christian Kings. Certainly, Constantine the Emperor, showed himself to understand his own duty of nourishing Christ's Church appointed by God in his Prophecy: for he like a good, tender, and faithful Nourcefather, did keep, defend, maintain, uphold, and feed the poor faithful ones of Christ: he hare them being as it were almost wearied & forhayed with the great persecutions of God's enemies, and marvelously shaken with the controversies and contentions amongst themselves, even as a nurse Father in his own bosom: he procured that they should be fed with the sweet milk of God's word. Yea he himself with his public proclamations, did exhort and allure his subjects to the Euseb. li. 3, de vita Const. Christian Faith. As Gusebius doth report in many places, writing the life of Constantine, He caused the Idolatrous religion to be suppressed, and utterly banished, and the true knowledge and Religion of Christ, to be brought in and planted among his people. He made many wholesome laws, and godly constitutions, wherewith Lib. 2. be restrained the people with threats, forbidding them the sacrificing to Idols: to seek after the Devilish and superstitious sothsaiynges: to set up Images: that they should not make any privy Sacrifices: Li. 4. de vita Const. and to be brief, he reformed all manner of abuses, about God's service, and provided that the Church should be fed with God's word. Yea, his diligent care in furthering and setting forth the true knowledge of Christ, wherewith he fed the people, was so watchful, that Eusebius doth affirm him to be appointed of God, as it were the common or universal Lib. ●. Bishop: And so Constantine took himself to be: and therefore said to the Bishops assembled together with him at a feast, that God had appointed him to be a Bissoppe. But of this most honourable Bishop & nourshinge father, Lib. 4. more shallbe said hereafter, as of other also such like. Our saviour Christ meant not to forbid or destroy, touching the rule, service, and charged of Princes in Church causes, that which was figured in the Law, or prophesied by the Prophets. For he came to fulfil or accomplis he the Law and the Prophets, by removing the shadow Math. 5. and Figure, and establishing the Body and Substance to be seen, & to appear clearly without any mist or dark cover: yea, as the power and authority of Princes was appointed in the Law and Prophets, as it is proved, to stretch itself, not only to civil causes, but also to the over sight, maintenance, setting forth, and furtherance of Religion and matters Ecclesiastical: Even so Christ Math. 22. our Saviour confirmed this their authority, commanding all men to attribute and give unto Caesar that which belongeth to him: admonishing notwithstanding all Princes & people, that Caesar's authority is not infinite, or without limits (for such authority belongeth only to the King of all Kings) but bounded and circumscribed within the bounds assigned in God's word, and so will I my words to be understanded, when so ever I speak of the power of Princes. And this to be Christ's order and meaning, that the Kings of the nations should be the supreme governors over their people, not only in Temporal, but also in Spiritual or Ecclesiastical causes, the blessed Apostles Peter and Paul, do plainly declare. The supremacy of 1. Pet. 2. Rom. 13. Princes they set forth, when they command every soul (that is every man, whether he be as Chrysostom saith, an Apostle, Evangelist, Prophet, Priest, Monk, or of what so ever calling he be) to be subject & obey the higher powers, as Kings and their lieutenants, or governors under them. And they declare that this supreme government is occupied and exercised in, or about the praising, furthering, and advancing of virtue or virtuous actions, and contrary wise in correcting, staying, and repressing all manner of vice or vicious actions, which are the proper object or matter hereof. Thus doth Basilius take the meaning of the Apostles: saying, This seemeth to Epist. 125. me to be the office of a Prince, to aid virtue, and to impugn vice. Neither S. Paul, neither the best learned amongst the ancient Fathers did restrain this power of Princes, only to virtues and vices, bidden or forbidden, in the second table of God's commandments, wherein are contained the duties one man oweth to an other: But also did plainly declare themselves to mean, that the authority of Princes ought to stretch itself to the maintenance, praise, and furtherance of the virtues of the first Table, and the suppression of the contrary, wherein only consisteth the true Religion, and spiritual Service, that is due from man to God. S. Paul in his epistle to Timothe, teacheth the Ephesians, that Kings and rulers 1. Tim. 2. are constituted of God, for these two purposes: that their people may live a peaceable life, through their government and ministry, both in godliness, which is (as S. Augustine interpreteth it) the true and chief or proper worship Lib. 14. De Trin. ca 1. of God: and also in honesty or séemelines: in which two words (godliness, and honesty) he contained what so ever is commanded either in the first or second Table. S. Augustine also showeth this to be his mind, when describing the true virtues, which shall cause princes to be blessed, now in Hope, and afterward in deed, addeth this as one especial condition, required by reason of their charged and calling. If that, (saith he) they make Lib. 5. De Civit. De●, cap. 24. their power which they have a servant unto God's Majesty, to enlarge most wide his worship, Service, or Religion. To this purpose also serve all those testimonies, which I have cited before out of S. Augustine against the Donatists: who in his book, De. 12. abusionum gradibus, teacheth that a Prince or ruler must labour to be had in awe of his subjects, Grad. 6. for his severity against the transgressors of God's Law. Not meaning only the transgressors of the second table in Temporal matters: But also against the offenders of the first table, in Spiritual or Ecclesiastical causes or matters. Which his meaning he declareth plainly in an other place, where he avoucheth the saying of S. Paul. The Prince beareth not the Sword in vain, to Rom. 13. prove therewith against Petilian the Donatiste, that the power or authority of Princes, which the Apostle speaketh Lib. 2. ca 83 of in that sentence, is given unto them to make sharp Laws, to further true Religion, and so suppress Heresies, and Schisms: and therefore in the same place, he calleth the catholic Church, that hath such Princes to govern to this effect: A Church made strong, whole, or fastened together with catholic Princes: meaning that the church is weak, rent, and parted in sunder, where catholic Governors are not, to maintain the unity thereof in Church matters, by their authority and power. Gaudentius the Donatist, found himself aggrieved, that Emperors should intermeddle, and use their power in matters of Religion: affirming, that this was to restrain men of that freedom that God had set men in. That this was a great injury to God: if he (meaning his Religion) should be defended by men. And that this was nothing else, but to esteem God to be one, that is not able to revenge the injuries done against himself. S. Augustine doth answer, and refute his objections, with the authority of S. Paul's saying to the Romans: Let every soul be subject to the higher powers etc. For he is God's minister, to take vengeance on him that doth evil: interpreting the mind of the Apostle to be, that the authority and power of Princes, hath to deal in Ecclesiastical causes, so well Lib. 2. cont. 2. Epist. Gaud. ca 11. as in Temporal. And therefore saith to Gaudentius and to you all. Blot out these sayings (of S. Paul. 13. Rom.) if you can, or if you cannot, then set nought by them, as ye do. Retain a most wicked meaning of all these sayings (of the Apostle) lest you lose your freedom in judging: or else truly for that as men, ye are ashamed so to do before men, cry out if you dare: Let murderers be punished, let adulteriers be punished, let all other faults, be they never so heinous or full of mischief be punished (by the Magistrate) we will that only wicked faults against Religion be exempt from punishment by the Laws of Kings or rulers. etc. hearken to the Apostle, and thou shalt have a great advantage, that the kingly power cannot hurt thee, do well, and so shalt thou have praise of the same power etc. That thing that ye do, is not only not good, but it is a great evil, to wit, to cut in sund●e the unity and peace of Christ, to rebel against the promises of the Gospel, and to bear the Christian arms or badges, as in a civil war against the true and high King of the Christianes'. Chrysostom showeth this reason, why S. Paul doth attribute this title of a minister worthily unto the Kings, or civil Magistrates: because that through fraying of the wicked men, and commending the good, he prepareth the minds of many to be made more appliable to the doctrine of the word. Eusebius alluding to the sentence of S. Paul, where he calleth the civil Magistrate, God's minister, and understanding that Ministry of the civil Magistrate to be about Religion, & Ecclesiastical causes, so well as Temporal, doth call Constantine the Emperor: The great light, and most shrill preacher, or setter forth of true godliness: The one and only God (saith he) hath appointed Constantine to be his minister, and the teacher of godliness to all countries. And this same Constantine, Lib. 1. d● vit. Const. like a faithful and good minister, did thoroughly set forth this: and he did confess himself manifestly to be the servant and minister of the high King. He preached with his imperial decrees or proclamations his God, even to the bounds of the whole world. Yea Constantine himself affirmeth, as Eusebius reporteth: Lib. 2. De vit. Const. That by his ministry he did put away and overthrow all the evils that pressed the world▪ meaning all superstition, Idolatry, & false Religion. In so much (saith this godly Emperor,) that there withal I both called again mankind, taught by my ministry, to the Religion of the most holy Law (meaning the word of God) and also caused, that the most blessed Faith should increase and grow under a better governor (meaning than had been before) for (saith he) I would not be unthankful to neglect namely the best ministry, which is the thanks jowe (unto God) of duty. This most Christian Emperor did rightly consider, as he had been truly taught of the most Christian Bishops of that time, that as the Princes have in charged the ministry and government in all manner causes either Temporal or Spiritual: Even so, the chiefest or best part of their Service or ministry to consist in the well ordering of Church matters, and their diligent rule and care therein, to be the most thankful, acceptable, and dutiful Service that they can do or owe unto God. For this cause also Nicephorus in his Preface before his Ecclesiastical history, doth compare Emanuel Paleologus the Emperor, to Constantine, for that he did so nearly imitate his dutifulness in ruling, procuring, and reforming Religion to the pureness thereof: Which among all virtues, belonging to an Emperor, is most seemly for the imperial dignity, and doth express it most truly, as Nicephorus saith: who maketh protestation that he saith nothing in the commendation of this Emperor, for favour or to flatter, but as it was true in deed in him. And so rehearseth his noble virtues exercised in discharged of his imperial duty towards God in Church matters, saying to the Emperor, who hath glorified God more, and showed more fervent zeal towards him in pure Religion, without feigning, than thou haste done? who hath with such fervent zeal sought after the most sincere faith much endangered, or cleansed again the holy Table? When thou sawest our true Religion brought into peril with new devices, brought in by conterfaict and naughty doctrines, thou didst defend it most painfully and wisely. Thou didst show thyself, to be the mighty supreme, and very holy anchor and stay in so horrible wavering The prince's supremacy in repairing Religion decayed. and error, in divine matters, beginning to faint, ard to peris he as it were with shipwreck. Thou art the guide of the profession of our Faith. Thou hast restored the Catholic and Universal Church, being troubled with new matters or opinions, to the old state. Thou haste banished from the Church all unlawful and impure doctrine. Thou hast cleansed again with the word of truth, the Temple from choppers and changers of the divine doctrine, and from heretical depravers thereof. Thou haste been set on fire with a Godly zeal for the divine Table. Thou haste established the doctrine: thou haste made Constitutions for the same. Thou haste entrenched the true Religion with mighty defences. That which was pulled down, thou haste made up again, and haste made the same whole and sound again, with a convenient knitting together of all the parts and members, (to be short, thou haste saith Nicephorus to the Emperor) establissed true Religion and godliness with spiritual butiresses, namely the doctrine and rules of the ancient Fathers. These, and such like Christian Emperors, are not thus much commended of the Ecclesiastical writers, for their notable doings in the maintenance and furtherance of Religion, as for doings not necessarily appertaining to their office or calling: But for that they were examples, spectacles, and glasses for others wherein to behold what they are bound unto by the word of God, and what their subjects may look for at their hands, as matter of charged and duty both to God and his people. Which S. Paul doth plainly express, where he exhorteth the Christians, to make earnest and continual prayer 1. Tim. 2. for kings, and all that are in authority, to this end and purpose, that by their rule, ministry, and service, not only peace and tranquillity, but also godliness and Religion, should be furthered and continued amongst men: attributing the furtherance and continuance of Religion, and godliness, to the Magistrates, as an especial fruit and effect of their duty and service to God and his people. Chrysostom expounding this place of the Apostle, doth interpret his meaning to be understanded, not only of the outward peace & tranquillity furthered, maintained, & defended, by the Magistrates, but chief of the inward peace of the mind and conscience, which can not be attained without pure Religion, as contrariwise, godliness can not be had without peace and tranquillity of mind and conscience. This would be noted with good advisement, that S. Paul himself showeth plainly prosperity, amongst God's people, and true Religion, to be the benefits and fruits in general, that by God's ordinance springeth from the rule and government of kings and Magistrates, unto the weal of the people. The which two, although divers in themselves, yet are so combined and knit together, & as it were incorporated in this one office of the Magistrate, that the nouryshinge of the one, is the feeding of the other, the decay of the one, destroyeth or (at the least) deadly weakeneth them both. So that one can not be in perfect & good estate, without the other. The which knot and fastening together of Religion, & prosperity in common weals, the most Christian and godly Emperors Theodosius and Valentinianus, did wisely says, as appeareth in this, that they wrote unto cyril, saying: The surety of our common weal; dependeth upon Cyril. Epi. 17. to 4. God's Religion, and there is great kindred and society betwixt these twain, for they clean together, and the one groweth with the increase of the other, in such sort, that true Religion helped with the endeavour of justice, and the common weal helped of them both, flourisheth ●eing therefore, that we are constituted of God to be the kings, and are the knitting together or jointure of godliness and prosperity in the subjects, we keep the society of these twain, never to be sundered: and so far forth as by our foresight, we procure peace unto our subjects, we minister unto the augmenting of the common weal: but as we might say, being servants to our subjects in all things, that they may live godly, and be of a Religious conversation as it becometh godly ones, we garnis he the common weal with honour, having care, as it is convenient for them both (for it can not be, that diligently providing for the one, we should not care, in like sort also for the other.) But we travail earnestly in this thing above the rest, that the Ecclesiastical state may remain sure, both in such sort, as is seemly for God's honour, and fit for our times, that it may continue in tranquillity by common consent without variance, that it may be quiet through agreement in Ecclesiastical matters, that the godly Religion may be preserved unreprovable, and that the life of such as are chosen into the Clergy, and the great priesthood may be clear from all fault. Hitherto I have proved plainly by the holy Scriptures, and by some such Doctors, as from age to age, have witnessed, the order of Ecclesiastical government in the Church of Christ: yea by the confession, testimony, and example of some of the most godly Emperors themselves, that such like government in Church causes, as the Queen's majesty taketh upon her, doth of duty belong unto the civil Magistrates and Rulers, and therefore they may, yea, they ought to claim and take upon them the same. Now remaineth that I prove this same by the continual practice of the like governenement in some one part of Christendom, and by the general counsels, wherein (as ye affirm) the right order of Ecclesiastical government in Christ his Church, hath been most faithfully declared and showed from time to tyme. The government that the Queen's majesty taketh most justly upon her in Ecclesiastical causes, is the guiding, caring, providing, ordering, directing, and aiding, the Ecclesiastical state within her dominions, to the furtherance, maintenance, and setting forth of the true Religion, unity, & quietness of Christ's Church, overseeing, visiting, reforming, restrayninge, amending, and correcting, all manner persons, with all manner errors, superstitions, Heresies, Schisms, abuses, offences, contempts, and enormities, in or about Christ's Religion whatsoever. This same authority, rule, and government, was practised in the catholic Church, by the most Christian kings and Emperors, approved, confirmed, & commended by the best counsels, both general and national. Constantinus (of whose careful government in Church causes, I have spoken somewhat before) took upon him, and did exercise the supreme rule▪ aund government in repressing all manner Idolatry and false Religion, in reforming and promoting the true Religion, and in restraining & correcting all manner Errors, Schisms, Heresies, and other enormities, in or about Religion, and was moved hereunto of duty, even by God's word, as he himself reporteth in a vehement prayer, that he maketh unto God, saying: I have taken upon me, and have brought to pass healthful things, (meaning reformation of Religion.) Being persuaded (thereunto) by thy word. And publishing to Fuseb. li. 2. De vi. Const. all Churches, after the council at Nice, what was there done: He professeth that in his judgement, the chiefest end and purpose of his Imperial government, ought to be the preservation of true Religion, and godly quietness in all Churches. I have judged, (saith this godly Emperor,) Euseb. li. 3. De vi. Const. this aught before all other things to be the end or purpose, (whereunto I should address my power and authority in government) that the unity of faith, pure love, and agreement of Religion towards the almighty God, might be kept, and maintained amongst all Congregations of the catholic Church. He did not only abolish all superstitions and false Religions, which had been amongst the gentiles, but also he repressed by his authority, Laws, & Decrees, all such Heresies as sprung up amongst the Christians, sharply reproving and correcting, the authors or mainteinours of heretical doctrines, as the novatians, Valentinians, Paulianes, and Cataphrygians, as Eusebius saith of him. Euseb. li. 3. De vi. Const. And Theodoret us doth recite a part of an Epistle, that Constantine wrote unto the Nicomedians, wherein the Emperor hath this saying. If we have chaste Bishops, of right opinion, of courteous behaviour, we rejoice. But if any be inflamed rashly Lib. 1. ca 19 and unadvisedly, to continue the memory and commendation of those pestilent Heresies, his foolebardy presumption shall forthwith be corrected, and kept under by my correction, which am gods minister. Constantinus also, gave Iniuctions to the chief ministers of the churches, that they should make special supplication to God for him. He enjoined all his subjects, that they should keep holy certain days dedicated to Christ, and the Saturday. He gave a Law unto the Rulers of the nations, that they should celebrate the Sunday in like sort after the appointment of the Emperor. And so the days dedicated to the memory of martyrs and other festival times etc. And all such things (saith Eusebius) were done according to the ordinance of the Emperor. Lib. 4. De vit. Const. He commanded Eusebius the bishop, to draw certain Instructions & lessons, as it were Homilies, forth of the holy scriptures, that they might be red in the churches. Which was done incontinent, according to Themperors commandment. When the Emperor heard of the great schism moved betwixt Arius and Alexander the Bishop of Alexandria, wherewith the Church was piteously tormented, and as it were rent in sunder, he took upon him, as one that had the care and authority over all, to send Hosius a great learned and godly Bishop of Spain to take order, and to Socrat. lib. 1. cap. 7. appease the contention, writing to Alexander and to Arius, a grave & also a sharp letter, charging Alexander with vanity, Arius with want of circumspection, showing them both, that it was unseemly for the one to move such a question, and for the other to answer therein, & undiscreetly done of them both. And therefore commandeth them to cease of from such contentious disputations, to agree betwixt themselves, & to lay aside from thenceforth such vain and trifling questions. He pacified also the Schism at Antioch begun about the choosing Sozom. lib. 1. cap. 16. of their Bishop, to whom for that purpose he sent honourable Ambassadors with his letters to a great number of Bishops that than were at Antioch about that business, and to the people, exhorting them to quietness, and teaching them (saith Eusebius) to study after godliness in Euseb. li. 3. de vit. Const. a decent manner: declaring unto the Bishops, as one that had authority over them, even in such matters, what things appertained and were seemly for them to do in such cases, and noteth unto them a direction, which they should follow. And after he had (saith Eusebius) given such things in commandment unto the bishops or chief ministers of the Churches, he exhorted them that they would do all things to the praise and furtherance of God's Word. This supreme authority of the Emperor in Church causes, is most lively expressed by S. Augustine & Eusebius, where they make mention of the horrible Schism, stirred by the Donatists, against Cecilianus Bishop of Carthage: whose election and ordering to be Bishop of Carthage, Donatus and others of his companions misliked, and therefore made a Schism in that Church. The question in controversy was, whether Cecilianus being ordered Bishop, having the imposition of hands by Felix, were Lawfully consecrated and ordered or not. This controversy made a lamentable trouble amongst the Churches in afric. At the length, the Donatists accused Cecilian unto the Emperor: desired the Emperor to appoint some Delegates to judge of this controversy. And for that all the Churches in Aphrique were banded, Aug. Epist. 50. either to the one party, or the other, and for that France was free from this contention, they require judges to be appointed by his authority from amongst the French Bishops. The Emperor much grieved, the the Church Euseb. lib. 10. cap. 5. was thus torn in sunder with this schism, doth appoint Melciades Bishop of Rome, and Marcus to be his delegates & commissaries in this controversy, with certain other Bishops of France, Melciades colleagues or fellow Bishops, whom the Emperor had commanded to be there with them for that purpose. These commissioners with certain other bishops according to the emperors commandment met at Rome, and after due examination had, do condemn the Donatists, and pronounce Cecilianus cause to be good. From this sentence of the Bishop of Rome, and other Bishops his colleagues being the emperors delegates, the Donatists appeal unto the Emperor, not only accusing Cecilianus, but also Melciades the Bishop of Rome, and the other Commissaries. Wherefore the Emperor causeth a Synod to be had at Arclatum, August. Epist. 48. committing the cause to the Bishop thereof, and other Bishops assembled there by his commandment, to be herd and discussed. Whereunto he calleth Crestus the Bishop of Syracufe a City in Sicily by his letters. Eus. lib. 10. cap. 5. Wherein he declareth in plain terms, that it belongeth to his imperial cure, to see these controversies in Church causes to be determined and ended. Donatus & his companions, being condemned also by these Bishops, in the Synod at Arclatum, and Cecilianus cleared, do again appeal unto the Emperor from their sentence, beseeching him to take the hearing & discussing of the controversy. Who called both the parties together before himself at August. Epist. 166. milan, and after he had heard the whole matter, & what was to be said on both sides, he gaune final sentence with Cecilianus, condemning the Donatists. Who after all these August. Epist. 162. Epist. 166. things thus done, as S. Augustine faith, made a very sharp Law against the Donatists, the which also his Sons after him commanded to be observed. Athanasius also that most godly Bishop, being over much wronged in the Council at tire, did ●lie and àppeale from the judgement of that Synod unto Constantine the Emperor, declaring unto him his griefs, beseeching him to take the hearing of the matter before himself: which the Emperor assented unto; writing unto the Synod assembled at tire, commanding them without delay to come unto his Court, and there to declare Socr. lib. 1. cap. 34. before me (saith this most Christian Emperor) whom ye shall not deny to be God's sincere minister, how sincerely and rightly ye have judged in your Synod. When this Synod was assembled at tire, the Catholic Bishops of Egypt Theod. lib. 1. cap. 28. wrote unto the honourable Flavius Dionysius, whom the Emperor had made his Lieutenant, to see all things well ordered in that Council, and did desire him that he would reserve the examination and judgement to the Emperor himself: yea they do adjure him that he do not meddle with their matter; but refer the judgement thereof to the Emperor, who they ●●ne we well, would judge rightly Athanas. Apol. 2. according to the right order of the Church. There were no Church matters, or Ecclesiastical causes, wherein the continual practice of the Church of Christ, in this emperors time, yea and many hundredth years after, did not attribute the supreme rule, order, and authority unto Emperors and Kings, upon whom all Church matters did depend, as witnesseth Socrates, who showeth this reason of that he doth throughout In Proaem. lib. 5. his Ecclesiastical History mention so much the Emperors. Because that of the Emperors (saith he) after they began to be Christians, the Church matters do depend, yea the greatest Councils have been, and are called together, according to their appointment. Eusebius commendeth the great bountifulness Lib. 1. De vit. Const. of Constantine towards all estates, But, (saith he) this Emperor had a singular care over cods Church, for as one appointed of God to be a common or universal bishop, he called Synods or convocations of God's ministers together into one place, that thereby he might appease the contentious striainges that were among them in sundry places. He disdained not to be present with them in their Synods, and to sit in the midst of them, as it had been a meaner personage, commending and approving those that bent themselves of good meaning to godly unity, and showed himself to mystic on the other side, and to set nought by such, as were of contrary disposition. The Ecclesiastical histories make mention of many Synods or councils, called or assembled at the appointment and order of this Emperor. But the most famous and notable, was the Nicene council: about the which, consider and mark, what was the occasion, by whose authority it was summoned and called together, and what was the doings of the Emperor from the beginning unto the dissolution thereof: and ye shall see plainly as in a Glass, that by the order and practise of the Catholic Church, notified in the order of this general Council, the supreme government in Ecclesiastical causes, is in the Emperor and civil Magistrates, & your opinion condemned by the uniform agreement of. 318. of the most Catholic Bishops in the world, commending, and allowing for most godly, what so ever the Emperor did in, or about this council. The occasion of this famous and most godly council, was the great dissension kindled, partly about a necessary Article of our belief, partly about a ceremony of the Church. Arius incensed with ambitious envy, against Alexander his Bishop at Alexandria, who disputed in one of his lessons or treatises, more subtilely of the divinity then advisedly, as the Emperor layeth to his charged, quarreled Sophistically against him, and maintained an horrible Heresy. Besides this, the Churches were also divided amongst themselves, about the order or ceremony of keeping the Easter day. The Emperor sent Hosius with his letters, as I said before, into the east parties to appease the furious dissension about both these matters, and to reconcile the parties dissenting. But when this dutiful service of the Emperor, took not that effect which he wished and hoped for, then as Sozomenus writeth, he summoned a council to be holden Lib. 1. ca 17. at Nice in Bythinia, and wrote to all the chief ministers of the Churches every where, commanding them that they should not fail to be there at the day appointed. The self same also doth Theodoretus affirm, both touching the occasion, and also the summons Lib. 1. ca 7. made by the Emperor. Eusebius also writing the life of Constantine, showeth with what carefulness, the godly Emperor endeavoured to quench these fires. And when the Emperor (saith Eusebius) saw that he Lib. 3. De vit. Const. prevailed nothing by sending of Hosius with his letters, Considering this matter with himself, said, that this war against the obscure enemy troubling the Church, must be vanquished by an other (meaning himself.) Therefore, as the captains of God's army, towards his voyage, he gathered together a Synod ecumenical, and he called the bishops together by his honourable letters, and that they should hasten themselves from every place. These things, touching the occasion and calling of this general counsel by the Emperor, are affirmed to be true also, by Nicephorus the Ecclesiastical historian. Yea, the whole Lib. 8. ca 14 counsel in their letters, to the Churches in Egypt, and the East parts, do testify the same Synod, to be called by the Emperor, saying: The great and holy Synod, was gathered Theod. li. 1. cap. 9 together at Nice, by the grace of God, and the most religious Emperor Constantine. etc. The Bishops (as I said before) when they thought themselves, or their Church injuried by others, were wont to appeal and fly unto the Emperor, as the supreme governor in all matters, and causes Temporal, or Spiritual, the which appeareth most plain, to be the practice of the Church, by these Bishops called unto the Nicene counsel. For when they came to Nice, supposing themselves to have now good opportunity, being nigh unto the Emperor, to revenge their private quarrels, and to have redress at the emperors hands, of such injuries as they thought themselves to sustain at others bishops hands, each of them gave unto the Emperor, a Libel of accunsations, signifying what wrongs he had sustained of his fellow Bishops, and prayed aid and redress by his judgement. The Emperor forcing that these private quarelings, if they were not by some policy, and wise devise sequestered, and laid aside, would much hinder the common cause, took deliberation, appointing a day, against the which they should Sozom. li. 1 cap. 17. be in a readiness, and commanded them to prepare and bring unto him all their libels and quarreling accusations, one against an other: (Mark by the way, the craft and practice of Satan, to stay and overthrow good purposes, that even the godly fathers and Bishops, wanted not their great infirmities, preferring their own private trifles, before the weighty causes of God's Church. And the wisdom, zeal, and humbleness, of this most christian Emperor, who so little esteemed his own honour, and authority, that he would rather seem to be inferior, or for the time no more than equal with his subjects, to the end, he might by his humbling of himself, advance and exalt God's glory, to the edifying and quietness of his Church.) The day came (which was the day before the first Session should be in the council, as Socrates saith) the Bishops did not sleep their own matters, but Lib. 1. ca 8. had their bills in a readiness, and delivered them unto the Emperor. This vigilant noursefather unto God's Church, had cared and devised so diligently for the common cause, as the Bishops had done for their private quarrels: and therefore, when he had received their Libels, very politicly, saith: (because he would irritate none of them for that time,) That the day of general judgement should be a fit time for these accusations, and Christ the judge, than would judge all men: As for me, it is not lawful to take upon me the judgement of such Priests, accused, and accusing one an other. Whereunto, nevertheless, he added this Sozom. li. 1. cap. 17. privy nip, to pinch them withal. For of all other things (saith he) this is least seemly, that Bishops should show themselves such, as aught to be judged of others. And so caused the Libels to be cast into the fire, giving them an earnest exhortation to peace and quietness. The next day after, Theod. li. 1 cap. 7. after, they assembled at the emperors palace, he commanded them to go into the council house, to consult of the matter, (the council house was within Themperors Euseb. li. 3. De vi. Const. palace, trimly furnished with seats, aptly ordered for such purpose, as it were in rows.) They entered in, and waited without any doings, till the coming of the Emperor, whose seat was of gold, placed at the first beginning of the rows: who being entered and placed in his feat, maketh an oration unto them, declaring the contentions sprung up amongst themselves, to be the occasion wherefore he called them together: and the end is, (saith he) that this disease might be healed through my ministry. After this he maketh an earnest exhortation, moving them to quietness, Socr. lib. 1. cap. 8. forgiving one an other, for Christ commandeth (saith he) that who will receive pardon at his hand, shall also forgive his brethren. After this most grave exhortation to unity, and concord, in truth, he giveth them leave to Theod. li. 1 cap. 7. consult of the matters in hand, prescribeth unto them a rule, whereby they must measure, try, and discuss these, and all other such disputations, and controversies, in matters of Religion, to wit, Sanctissimi spiritus doctrinam praescriptam, The doctrine of the most holy spirit before written. For (saith he) the books of the Evangelists, and of the Apostles, and also the prophecies of the old Prophets, do evidently teach us of God's meaning. Wherefore laying a side all discord of enmity, let us take the explications of our questions, out of the sayings of the holy Ghost. When the parties waxed warm in the disputations, and the contention, somewhat sharp, than the Emperor, as a wise moderator, and Ruler, would discourage none, but mildly calmed such as he saw over hasty, with wild words cooling their heat: and commended such as reasoned deeply with gravity. When they had agreed of the chief points, wherefore Euseb. li. 3. De vi. Const. they were assembled, the Emperor himself calleth forth Acesius, a Bishop at Constantinople, of the novatians Religion, and examineth him openly, touching these articles, whereunto the whole counsel had agreed and subscribed. He writeth his letters to the Church at Alexandria, Socr. lib. 1. cap. 8. where the controversy, touching the divinity of Christ began, declaring, that he himself together with the Bishops in the counsel, had taken upon him the searching forth of the truth, and therefore assureth them, that all things were diligently examined, to avoid all ambiguity and doubtfulness: wherefore, he exhorteth and willeth them all, that no man, make any doubt or delases, but the cheerfully they return again into the most true way. He writeth an other to all Bishops, & people where Soc. li. 1. c. 9 so ever, wherein he commandeth, that no writing of Arius, or monument containing Arius doctrine, be kept openly or secretly, but be burnt, under pain of death. After that all the matters were concluded, and signed with Theod. li. 1. cap. 13. their hands subscription, the Emperor dissolveth the counsel, and licenseth every one of them to return home to his own bishopric, with this exhortation, that they continue in unity of faith: that they preserve peace and concord amongst themselves: that from thence forth, they abide no more in contentions: and last of all, Sozom. li. 1 cap. 25. after he had made a long oration unto them, touching these matters, he commandeth them, that they make prayer continually for him, his children, and the whole Empire. Arius counterfeiting a false, and feigned confession of belief, like an hypocrite, pretending to the Emperor, that it was agreeable unto the faith of the Nicen counsel, humbly beseeching the Emperor, That he would unity and restore him to the mother Church, and therefore having Theod. li. 1 cap. 14. friends in the emperors Court (as such shall never want fautors about the best Princes) was brought into his presence, whom the Emperor himself examined diligently, and perceiving no disagreement, (as he thought) from the agreement made in Nicene council, absolved & restored him again: whereunto Athanasius, who knew Arius thoroughly, would not agree, and being accused therefore unto the Emperor, was charged by letters from him, that he should receive Arius, with these threats, that if he would not, he would depose him from his bishopric, and commit him to an other place. The Arians heaped up many and horrible accusations, and slanders Socr. lib. 1. cap. 28. upon Athanasius, whereupon the Emperor doth summon a counsel at tire, and sendeth commandment by his letters to Athanasius, that without all excuse, he should appear there, for otherwise, he should be brought whether he would or no. He writeth to the council his letters, Theod. li. 1. cap. 27. wherein he declareth the causes why he called that council. He showed what he would have, and they ought to do, and prescribeth unto them the form and rule, whereby they shall judge and determine in that Synod. Athanasius appeared, appealed, fled to the Emperor, and declared Soc. lib. 1. cap. 34. the injuries offered against him in that council. The Emperor took upon him the hearing of the cause, sent his letters to the whole Synod, commanding them without all excuse or delay, to appear before him in his palace, and there to show how uprightly and sincerely they had judged in their Synod, as I have showed before. Wherein observe diligently, that the Emperor taketh upon him, and no fault found therewith, to examine and judge, of the doings of the whole council. Thus far of Constantine and his doings, in the execution of his ministery, and especially in performing that part, which he calleth the best part, that is his government, and rule, in Ecclesiastical matters, wherein it is manifest, that by the practice of the catholic Church for his time, approved & commended by all the catholic priests and Bishops, in the Nicen counsel, the supreme government, authority, and rule, in all manner causes, both Ecclesiastical, and Temporal, were claimed and exercised by the Emperor, as to whom of right, such like power and authority, belonged and appertained. Constantine's sons, claimed and took upon them, Lib. 3. ca 17 the same authority, that their father had done before them: and as Zozomen reporteth of them, did not only uphold & maintain, the ordinances made by their father Constantine, in Church matters, but did also make new of their own as occasion served, & the necessity of the time required. Constantinus, after the death of his father, restored Athanasius, Theod. li. 2 cap. 1. (whom his father had deposed) to his Bishopric again, writing honourable and loving letters to the church of Alexandria, for his restitution. Constantius deposed Liberius, the Bishop of Rome, for that he would not consent to the condemnation of Athanasius, sabel. Platin. in whose place Foelix was chosen, whom also the Emperor deposed for the like cause, & restored again Liberius unto his Bishopric, who being moved with Themperous kindness (as some writ) or rather overcome with ambition, became an Arian. This Emperor deposed diverse Bishops, appointing others in their places. He called a Synod at milan, as Socrates witnesseth, saying: The Emperor commanded by his edict, that there should be Socr. lib. 2. cap. 36. 37. a Synod holden at milan. There came to this counsel above 300. Bishopppes, out of the West countries. After this he minded to call a general council of all the East & West Bishops to one place, which could not conveniently be brought to pass, by reason of the great distance of the places, & therefore he commanded the council to be kept in two places, at Ariminum in Italy, & at Nicomedia in Bythinia. Valentinianus the Emperor, after the death of Auxentius, Theod. li. 4 cap. 5. 6. 7. an Arian bishop of milan, calleth a Synod of bishops at milan, to consult about the ordering of a new bishop. Princes by Synods do ordain and condemn Bishops. He prescribeth unto them in a grave oration, in what manner a man qualified aught to be, who should take upon him the office of a bishop. They pass to the election, the people were divided, till at the last they all cry with one consent, to have Ambrose, whom although he did refuse, the Emperor commanded to be baptised, & to be consecrate bishop. He called an other Synod in Illirico, to appease the dissensions in Asia & Phrygia, about certain necessary articles of the christian faith: and did not only confirm the true faith by his royal assent, but made also many godly and sharp Laws, as well for the maintenance of the truth in doctrine, as also touching many other causes, or matters Ecclesiastical. Theodosius, was nothing inferior to Constantine the great, neither in zeal, care, or furtherance, of Christ's Religion. He bent his whole power, and authority, Theod. li. 5 cap. 20. to the utter overthrow of superstition, & false Religion, some what crept in again, in the times of julianus & Valens, the wicked Emperors. And for the sure continuance of Religion reformed, he made many godly Laws, he defended the godly bishop of Antioch Flavianus, against the bishop of Rome, and other bishops of the West, who did falsely accuse him of many crimes: and at the length, by his careful endeavour in Church matters, and his Supreme authority therein, this most faithful Emperor, sayeth Thedoretus, set peace and quietness Li. 5. c. 23. 24 amongst the Bishops, and in the Churches. He called a convocation of the Bishops, to the end that by common consent, all should agree in unity of doctrine confessed by the Nicen council, to reconcile the Macedodians unto the catholic Church, and to elect and order a Bishop in the sea of Constantinople, which was than vacant. When the two first points could not be brought to pass, as the Emperor wished, they went in hand with the third, to consult amongst themselves touching a fit Bishop for Constantinople. The Emperor, to whose judgement many of the Synod consented, thought Gregory of Nazianzene, most fit to be Bishop: but he did utterly refuse that charge. Than the Emperor commandeth them, to make diligent inquisition for some godly man, that might be appointed to that room. But when the bishops could not agree, upon Sozom. li. 7 cap. 6. 7. 8. any one, the Emperor commandeth them to bring to him the names of all such, as every one of them thought most apt to be Bishop, written in a paper together. He reserved to himself (saith Zozomenus) to choose whom he liked best. When he had red over once or twice, the schedule of names, which was brought unto him, after good deliberation had with himself, he chose Nectarius, although as yet he was not christened: & the Bishops marveling at his judgement in the choice, could not remove him. And so was Nectarius baptised, & made bishop of Constantinople: who proved so godly a bishop, that all men deemed this election to be made by Themperor, not without some miraculous inspiration of the holy ghost. This emperor perceiving, that the church had been long time molested, & drawn into parts by the Arianisme, & like to be more grievously torn in sunder with the heresy of M●cedonius, a B. of Constantinople, & knowing that his supreme government, & empire, was given him of God, to maintain the common peace of the Church, & confirmation of the true faith, summoneth a Synod at Constantinople, in the third year of his reign (which is the second great and general council of the four notable and famous ecumenical councils) and when all the Bishops whom he had cited, were assembled, he cometh into the council house amongst them, he made unto them a grave exhortation, to consult diligently, like grave Fathers of the matters propounded unto them. The Macedonians depart out of the City, the Catholic Fathers agree, conclude a truth, & send the canons of their conclusion to the Emperor to be confirmed, writing unto him in these words: The holy counsel of Bishops assembled at Constantinople to Theodosius Emperor, the most reverent observer of godliness, Religion, and love towards God: We give God thanks, who hath appointed your Imperial government for the common tranquillity of his Churches, and to establish the sound faith. Scythe the time of our assembly at Constantinople by your godly commandment, we have renewed concord amongst ourselves, and have prescribed certain Canons or rules, which we have annexed unto this our writing: we beseech therefore your clemency to command the Decree of the Counsel to be established by the letters of your holiness, and that ye will confirm it, and as you have honoured the Church by the letters where with you called us together: even so, that you will strengthen also the final conclusion of the Decrees with your own sentence and seal. After this he calleth an other Council of Bishops Socr. lib. 5. cap. 10. to Constantinople of what Religion so ever, thinking that if they might assemble together in his presence, and before him confer touching the matters of Religion, wherein they disagreed, that they might be reconciled, and brought to unity of Faith. He consulteth with Nectarius, and sitteth down in the council house amongst them all, and examineth those that were in Heresy, in such sort, that the Heretics were not only astonished at his questions, but also began to fall out amongst themselves, some liking, some misliking the emperors purpose. This done, he commandeth each sect, to declare their faith in writing, and to bring it unto him: he appointeth to them a day, whereat they came as the Emperor commanded, and delivered unto him the forms of their faith in writing: when the Emperor had the sedules in his hands, he maketh an earnest prayer unto God, for the assistance of his holy spirit, that he may discern the truth, & judge rightly. And after he had red them all, he condemneth the Heresies of the Arians & Eunomians, renting their sedules in sunder, & alloweth only, and confirmeth the faith of the Homousians, and so the Heretics departed ashamed, and dashed out of countenance. Theodosius left his two sons Emperors, of the which I will say but little: yet wherein it may most manifestly appear, that the supreme government in causes Ecclesiastical belonged to the Emperors. Archadius the Emperor, when Nectarius the Bishop of Constantinople was dead, and so the sea vacant, was certified thereof: he causeth john Chrysostom to be called from Antioch: he commandeth the other Bishops collected into a Synod, that they admonish Chrysostom of God's graces, and what belongeth to such a charged, and that they choose and order him to be the Bishop of Constantinople. In which doing, (saith Theodoretus) the Emperor declared Lib. 5. ca 27 what careful endeavour, he had about the holy Church matters. But this supreme authority, to care, appoint, and procure worthy and good Pastors or Bishops, when the seas were vacant, appeareth more plainly in Honorius the Emperor, brother to Archadius, whom the Bishop of Rome himself in his decrees, and his Glosars on the same, confess and acknowledge to have the oversight, rule and government in the elections & ordering of Bishops, yea, over the Bishop of Rome himself. After the death of Pope Sozimus, were two Pope's chosen at ones in a great Schism, the one Bonifacius primus, the other Eulalius, whereof when the Emperor Honorius had notice being at milan, he caused them Luthprand. both to be banished Rome: But after seven months, Bonifacius was by the emperors commandment, called again and confirmed by his authority in the Apostolical sea. This Bonifacius being now settled in the Papacy, by humble suit to the Emperor, provideth a remedy against such mischiefs in time to come. The case was this, saith the Glosator, Boniface the first, did beseech Honorius the Emperor to make a Law, whereby it might appear, Dist. 79. ●▪ duo. what were to be done, when two Popes were chosen at ones by the undiscreetness of the electors, contending amongst themselves. Honorius did than constitute that neither of those twain should be Pope, but that in a new Election a third should be chosen by common consent. If two (saith the Emperor in his Law made at the humble suit of Bonifacius) by chance against right be chosen, through the undiscreet contention of the electors: we permit neither of them to be Priest or Pope: but we judge him to remain in the Apostolic sea, whom the divine judgement, and the common consent doth appoint from amongst the Clergy in a new Election. Upon this word, where the Emperor saith (we permit) the Glosar saith, and so the Emperor doth not only abrogate the claim of both those that be chosen in the contention, but doth make them both for that time unable, and doth decree an other to be taken out of the Clergy for that time. Again the Glosar interpreting this, (the divine judgement) saith: this is the meaning that the emperors will and election must stand, the Clergy and the whole people accepting with thankful mind whom the Emperor doth choose. For the Emperors were called in those days holy, and their rescriptes and judgements Divine. Here you see by the Pope's decrees and Glosars, that the Emperor had the supreme rule and government in Church causes, and this was the continual practice of the Church for the most part, yea, even the Bishops of Rome before they Gratian. dist. 63. were ordered and consecrated, had their election ratified and confirmed by the Emperors, their Lieutenant, or other Princes. Sabellicus speaking of the contentious entrance of Damasus the first into the Papacy, which was not without great bloodshed, as Volateranus saith, doth note the ambition of the Prelates, to be the cause of such contention about their attaining of such rooms. For now (saith he) the ambitious desire of honour, had by little and little, begun to enter into the minds of the Bishops. The which was proved over true, not only in the elections of the Bishops of old Rome, but also in many Bishops of other Cities, especially of new Rome. These diseases in the Church ministers, and the disorders thereout springing: the Emperors from time to time studied to cure and reform: wherefore Theodosius and Valentinianus when they saw, the great hooving and shoving at Constantinople, about the election of a Bishop after the death of Sismius: some speaking to prefer Philippus, other some Proclus, both being Socr. lib. 7. cap. 29. ministers of that Church, did provide a remedy for this mischief, to wit, they themselves made a decree, that none of that Church should be Bishop there, but some stranger from an other Church, and so the Emperors sent to Antioch for Nestorius, who as yet was thought both Liberat. cap. 4. for his doctrine and life, to be a fit pastor for the flock, and made him Bishop of Constantinople. As Constantinus and Theodosius the elder, even so Theodosius the second a very godly Emperor, having & practising Nicep. li. 14 cap. 34. 35. the supreme government in Ecclesiastical causes, seeing the horrible Heresies sprung up, & dividing the Church, but specially by Nestorius, did by his authority call the third general council at Ephesus, named the first Ephesine council, giving straight commandment to all Bishops wheresoever, that they should not fail to appear at the time appointed, and further used the same power and authority, in the ordering and governing thereof by his Lieutenant joannes Comes Sacrensis, that other Godly Emperors had been accustomed to use before him, according to the continual practice of the Church, as it is plainly set forth in the book of general Councils. In this council there happened so grievous contention betwixt Cyrillus Bishop of Alexandria, and john Bishop of Antioch, both being otherwise godly and learned men, that the council was divided thereby into two parts: the occasion of this Schism was partly, that Cyrillus and certain other with him had proceeded to the condemnation of Nestorius, before that joannes with his company could come, and partly for that joannes of Antioch Liberat. cap. 6. suspected Cyrillus of certain Heresies, misdéeminge that cyril had made the more haste to confirm them before his coming. He therefore with his associates complaineth, and layeth to cyril's charged, that he did not tarry according to the commandment of the Emperor for the coming of the Bishops of other Provinces, which were called thither from all parts, by the commandment of the Emperor: That when the noble Earl Candidianus commanded him by writing, and without writing, that he should presume no such matter, but that he and those that were with him, should abide the coming of the other Bishops, nevertheless he proceeded: that he and his company were the authors of dissension and discord in the Church: and that they had given the occasion, that the rules of the Fathers, and the decrees of the Emperors were broken, and trodden under foot: wherefore they judge cyril of Alexandria, with Memnon Bishop of Ephesus, to be deposed from their bishoprics, and Ecclesiastical ministry: & the other their associates to be excommunicate. The which their doings they signify to the Emperor Theodosius by their Sidonical letters, to understand his pleasure, in allowing or disallowing of their Synodical acts. After this came the Bishop of Rome's legates, before whom in the council Cyrillus and Memnon offered up their libels, deposing a contestation against john and his party to have them cited, and render the cause of their deposition. The Bishop of Rome's legates, with the consent of the council, on that part, sendeth for joannes and his parties, who returneth this answer: Neither send you to us, nor we to you, because we look for an answer from the Prince touching you. Therefore saith Liberatus: cyril and Memnon, seeking to revenge themselves, did condemn john and all those that stood with him, who suffered many displeasures at Ephesus through the pride of these twain. The Emperor sendeth to the whole Council his answer in writing, on this sort: We allow the condemnation of Nestorius, Cyrillus, and Memnon: the other acts and condemnations, which you have made▪ we disallow, observing the Christian Faith, and uprightness which we have received of our Fathers and progenitors. etc. Certain of the Bishops did satisfy the Emperor, whom he commanded to enter into the Church, and to ordain an other Bishop for Constantinople in the place of Nestorius. These things thus done, the Emperor dissolved the Council, and commanded the bishops to depart every man to his own country. Within a while after the Emperor Liberat. cap. 8. perceiving the dissension betwixt cyril and john to continue, which he thought was not to be suffered: called Maximianus, and many other Bishops that were then at Constantinople, with whom he consulted, how this Schism of the Churches, might be taken away. Whose advise had, the Emperor sent a noble man, named Aristolaus with his letters to cyril and john, commanding them to come to an agreement and unity betwixt themselves, otherwise he would depose and banish them both. Whereupon followed a reconciliation between the two Bishops, and much quietness to the Churches. Eutyches stirred up much trouble in these days: wherefore he was cited to appear before Flavianus Bishop of Constantinople, and other Bishops assembled in a Synod, to answer unto his heresies: who would not appear but fled unto the Emperor Theodosius, and declareth unto him his grief. The Emperor sendeth unto the Synod with Eutyches, one of his chief officers Florentius, with this mandate: Because we study carefully for the peace of God's Church, and for the Catholic Faith, and Liberat. cap. 11. will by God's grace have the right Faith kept, which was set forth by the Nicene Council, and confirmed by the Fathers at Ephesus, when Nestorius was condemned: we will therefore the●e be no offence committed about the aforenamed Catholic Faith, and because we know the honourable Florentius, to be a faithful and an approved man in the right faith, we will that he shallbe present in your Synod, because the conference is of the Faith. He was there asistaunt unto the Fathers and examined Eutyches openly in the Synod, diverse times of his faith: and finally said unto him: He that (saith Florentius) doth not confess in Christ two natures, doth not believe aright: and so was Eutyches excommunicate, deposed, and condemned. Eutyches rested not here, but obtained that the Emperor did command a new Synod to be had at Constantinople, Niceph. li. 14. cap. 47. wherein to examine the acts of the former, whether that all things touching the proceeding against Eutyches, were done orderly and rightly or no. He appointeth besides Florentius, diverse other of his nobles to be in this council, to see the doings thereof. But when Eutyches could not win his purpose in neither of these Synods, he procureth by friendship of the Empress Eudoxia and others, that the Emperor should call a Synod again at Ephesus: to the which Synod the Emperor prescribeth a form of proceeding. This Synod was a wicked conventicle, wherein the truth was defaced and Heresy approved, the Emperor being seduced by Chrysaphius, one of the privy chamber, and in most favour with him. Leo the first, Bishop of Rome a learned and a godly Bishop, although not without all faults, maketh humble supplication unto Theodosius the Emperor, and unto Pulcheria: that there might be a general council called in Italy, to abolish the wicked error in Faith, confirmed by the violence of Dioscorus, The self same Bishop of Rome with many Bishops Liberat. cap. 12. kneeling on their knees, did most humbly beseech in like sort Valent inianus the Emperor, that he would vouchesaulfe to entreat and exhort Theodosius the Emperor to call an other Synod, to revoke those evil acts and judgements, which Dioscorus had caused to be done in the condemnation of Flavianus Bishop of Constantinople and others. In which examples it is manifest, that the Bishops of Rome did acknowledge the supreme government, direction and authority in calling of councils, which is one of the greatest amongst the Ecclesiastical causes or matters, to be in the Emperors, and Princes and not in themselves. Marcianus, a godly Emperor, and very studious about the Christian Religion, succeeded Theodosius, who besides that of himself, he was much careful to suppress all heresies, Nicep. li. 15 cap. 1. 2. and to reform the Churches, restoring Religion to purity without error, was also hastened hereunto by the earnest suit of Leo Bishop of Rome: who in diverse Leo. ep. 44. and sundry epistles, declaring unto him in most humble wise, the miserable state of the Church, doth beseech him, that he would vouchsaulfe to call a general council. Many other Bishops make the same suit unto the Emperor, and to the same end: complaining unto him, of the miserable destruction, and horrible disorders, in church causes. An example and pattern of their supplications, whereby may appear, that they acknowledged the Emperor to be their Supreme governor, also in Ecclesiastical causes, or matters, is set forth in the Chalcedon council, in the supplication of Eusebius, the Bishop of Dorelaum, Act. 7. unto the Emperor: who maketh humble supplication as he saith, for himself, and for the true or right faith. We fly unto your godliness (saith this Bishop unto the Emperor) because both we and the Christian faith, have suffered much wrong against all reason: humbly craving justice, and for that Dioscorus hath done many, and that no small offences, both against the faith of Christ and us: prostrate, we beseech your clemency, that you will command him to answer to the matters, we shall object against him: wherein we will prove him to be out of the catholic faith, defending heresies replete with impiety. Wherefore we beseech you to direct your holy and honourable commandment, to the holy and universal council of the most religious Bishops, to examen the cause betwixt us, and Dioscorus, and to make relation of all things, that are done, to be judged as shall seem good to your clemency. The Emperor In Epist. praeamb. protesting that they ought to preserve the furtherance of the right faith and Christian Religion, before all other affairs of the common wealth: sendeth their letters of summons to all Bishops, commanding them to repair to Nice, a city in Bythinia, there to consult and conclude, an unity and concord in Religion, & matters pertaining thereunto, that hereafter all altercation & doubtfulness be taken clean away, & an wholesome truth in Religion established, adding threats, & punishment to them that would refuse to come at the time appointed. When th'assembly was made at Nice of all the Bishops, and that the Emperors could not come thither, to be present in the Synod personally, which they had promised and did much covet, they writ unto the whole Synod, willing them to remove from Nice unto Chalcedon with out delay: where they assembled at the emperors commandment, to the number of. 630. Bishops. The Emperor assigneth judges and rulers in the Synod about. 24. of the chiefest of his Nobles and Senators. After all the Bishops and the judges were assembled in the council house, which was in S. Euphemies church: the Emperor Martianus, with Pulcheria, entereth in amongst them, & maketh an Oration unto the whole Council, to this effect. First he declareth, what zeal & care he hath for the maintenance and furtherance of true Religion: Act. 1. Then he showeth, that partly the vanity, partly the avarice of the teachers, had caused the discord and error in Religion: He addeth the cause wherefore he charged them with this travail: And last of all he prescribeth a form, after which they must determine the matters in controversy. This done, the judges sat down in their places, & the bishops arrow, some on the right hand, & others on the left hand. And when that Dioscorus was accused, & the judges willed him to use his lawful defence, there began to be amongst the Bishop's hot schools, wanting some modesty, wherefore the judges at the first stayed them with mild words. Willing them to avoid confusion: but being earnest, they overshot the modesty of so grave men: wherefore the honourable judges and Senate of the Laity, appointed by the Emperor, did reprove them, saying: These popular acclamations, neither becometh Bishops, neither yet help the parties: be ye quiet therefore, and suffer all things to be rehearsed and heard, in order with quietness. When the judges and Senate, had duly examined the causes, they gave sentence to depose Dioscorus and others: So that this their judgement seemed good to the Emperor, to whom they referred the whole matter. In the next action, the judges and Senate after rehearsal Act. 2. made, what was done before, do propound unto the Synod, what matters were now to be consulted of, and willeth them to make a pure exposition of the faith, & that without any sinister affection, declaring that the Emperor and they, did firmly keep and believe, according to the faith received in the Nicen council: whereunto the Bishops also accord, and saith, that no man maketh, or may attempt to make any other exposition. Certain of the Synod desired to hear the Symbol of the Nicen council recited, which the Senate and judges granted unto them. After that it was agreed upon, by the whole Synod, that Dioscorus should be deposed, the Synod writeth unto the Emperors Valentinianus, and Martianus, saying in this form: grievous diseases needeth both a strong medicine, and also Act. 3. a wise Physician: For this cause therefore, the Lord overall, hath appointed 630. bishops confess the Prince's supremacy in Ecclesiastical causes. your goodliness as the best and chief Physician over the diseases of the whole world, that you should heal them with fit medicines. And you most Christian Emperors, receiving commandment from God above other men, have given competent diligence for the Churches, framing a medicine of concord unto the bishops. This, thus in way of Preface said, they declare what they have done touching Dioscorus, they show the cause and reasons, that moved them thereunto: both that the Emperor should consider his wickedness, and also the sincerity of their sentence. In the fourth Action, when the rehearsal of all things Act. 4. passed before was done, the judges and Senate asketh if all the Bishops agree: whereunto they answered, yea, yea. The Synod had requested the judges and the Senate, to make suit to Themperor for five bishops, which otherwise must be deposed, as was Dioscorus, which they did, and made this relation unto the Synod: That the Emperor, perceiving the humble suit of the Synod, doth licence them to determine touching the five, what they thought good: admonishing them notwithstanding, to give good heed what they did: for that they must make an account to god of their doings. In the fifth Action, the judges willed the Synod, to Act. 5. read those things, which were agreed upon touching the Faith: whereabout began a great contention, one part of them allowing, an other sort disallowing that was red amongst them. The judges seeing the exclamations and confusion, that was amongst them, appointeth a Committee, choosing forth of sundry parts a certain number to go aside with the judges, to make a resolution. When they prevailed nothing, they threatened the whole Synod, that they would signify these disordered clamours unto the Emperor, which they did. The Emperor immediately of his Supreme authority, appointed the order of Committees, which the judges had devised before: giving them in commandment, that going aside by themselves, they should consult and conclude a truth in Faith, with such plainness, that there might no more doubts arise thereof, whereunto all should agree. The Synod obeyed, and followed the emperors direction, & the Committees with the judges, goeth aside into a secret place, maketh conference, concludeth, and cometh again into the Synod, & reciteth their determination, whereunto the whole Synod gave their consent, and so the judges commandeth, that this their definition should be showed unto Themperor. The Emperor cometh into the Synod place, in Act. 6. his own person, with Pulcheria, his nobles, and Senators, and maketh unto the Synod an Oration, of this effect. He careth for nothing so much, as to have all men rightly persuaded in the true Christian faith: He declareth the occasions, why he summoned the Synod: He commandeth that no man be so hardy, hereafter to hold opinion, or dispute, of the Christian faith, otherwise than was decreed in the first Nicen council, he chargeth them therefore, that all partaking, contention, and covetousness laid apart, the only truth may appear to all men. He declareth his coming into the Synod, to be for none other cause, then to confirm the faith, and to remove from the people in time to come, all dissension in Religion. And last of all, he protesteth this to be his whole care, and study, that all people may be brought into an unity, and uniform agreement in pure Religion, by true and holy doctrine. The chief Notary, humbly asketh of the Emperor, if it will please him to hear their definition red: The Emperor willeth that it should be recited openly, he inquireth of them all, if every man consented thereunto: they answer, that it is agreed upon by all their consents. Whereunto they add many acclamations, commending the worthiness of his Imperial government, concluding: By thee O worthy Emperor, the right faith is confirmed, heresies banished, peace restored, and the Church reformed. After these acclamations, the Emperor doth openly declare unto the Synod a statute, which he maketh to cut of and put away from thenceforth, all manner occasion of contention about the true faith, and holy Religion. The whole Synod desireth the Emperor, to dissolve the council, and to give them leave to depart: whereunto the Emperor would not consent, but commandeth that none of them departed. Bassianus, of late the Bishop at Ephesus, complaineth unto the Emperor, to direct his letters to the Synod, to Act. 11. have his cause heard. The Emperor commandeth the Synod to hear the matter. The judges, commandeth Stephanus Bishop of Ephesus, to make answer unto Bassianus his complaint. After due examination had by the judges, openly in the Synod in this controversy, the judges asked of the Synod, what they judged to be done. The Bishops adjudged Bassianus to be restored. But the judges appointed by the Emperor, would not allow that sentence, but deemed neither of them both worthy to occupy that bishopric, and that there should be a third chosen, and admitted to that sea, to the which judgement, the whole Synod did accord. After the end of this council, the Emperor doth confirm the determination thereof by his public Decree. This Synod being finished, the Emperor banished Dioscorus into the City of Gangrene. Which thing done: Cap. 14. The Nobles of the City (saith Liberatus) assembled together to choose one, both for life and learning, worthy of the bishopric: for this was commanded by the emperors Decrees. At the length Proterus was made Bishop: against whom the seditious people raised one Timotheus Hellurus, or Aelurus, who in conclusion, murdered Proterius. The catholic Bishops, which maintained the Chalcedon council, made humble supplication unto Leo the Emperor, both to revenge the death of Proterius, and also to depose Timotheus Hellurus, as Libe. ca 15. one not Lawfully instituted in the Bishopric: on the contrary part, other Bishops make supplication unto him, in the defence of Timotheus, and against the Chalcedon council. When Leo the Emperor had considered the matter of both their supplications, for good & godly considerations, he wrote his letters to the Bishops of every city, declaring both these causes, & willing them to send him their advise, what was best to be done: from whom he received answer, that the Chalcedon council is to be maintained even unto death: whereupon the Emperor writeth to Stila his Lieutenant of Alexandrea, that he should maintain the Chalcedon council. Stila did as the Emperor commanded: he expelled Timotheus Hellurus, and placed Cap. 16. another in his room, named Timotheus Sale facialius, or Albus, who lived quietly all the reign of Leo, and Zeno, the Emperors, till Basilicus got the Empire, who restored Timotheus the Heretic: But when Zeno recovered the Empire, this Timotheus poisoned himself, in whose place the Heretics chose one Peter Mogge. After that Zeno the Emperor knew of the crafty dealing of the heretics, he wrote to his Lieutenant Anthemius, that he should deprive Peter Mogge, and restore Timotheus to the bishopric, and further, that he should punish those, that were the authors to install Peter Mogge. Anthemius receiving the emperors mandate, did depose Peter Mogge, as one that was but a counterfeit made Bishop, contrary to the Laws of the catholic Church, and restored Timotheus Salefacialius, who being restored, sent certain of his Clergy to the Emperor to render him thanks. After this Timotheus, joannes de Talaida was chosen, whereof when Acatius Bishop of Constantinople heard, he being offended with john, for that he had not sent unto him synodical letters, to signify of his election, as the manner was,) he joined himself with the fautors of Peter Mogge, & accused john unto the Emperor, as one not sound in Religion, nor fit for the bishopric. Peter Mogge espying this oportuniti, edissembleth an unity and reconciliation, and by his friends, winneth Acatius, who breaketh the matter to the Emperor, and persuadeth him to depose joannes de Talaida, and to restore Peter Mogge: so that the same Peter would first receive and profess the Henoticon, that is the confession of the unity in faith, which the Prince had set forth, whereof this is the effect. Zeno the Emperor, Lib. ca 18. to all Bishops and people, throughout Alexandry, and Egypt, Lybia, and Pentepolis: For so much as we know, that the right and true faith alone, is the beginning, continuance, strength, and invincible shield of our Empire: we labour night and day in prayer, study, and with Laws to increase, the Catholic, and Apostolic Church by that faith. All people next after God, shall bow down their necks under our power. Seeing therefore, that the pure faith, doth on this wise preserve us, The prince's supremacy in all causes and the Roman common wealth, many godly fathers have humbly beseeched us, to cause an unity to be had in the holy Church, that the members displaced and separated through the malice of the enemy, may be coupled and knit together. And after this, declaring his faith, to agree with the Nicen council, and those that condemned Nestorius, and Eutyches, (he saith.) we curse those that think the contrary. After which curse, declaring all the articles of his faith, he concludeth with an earnest exhortation unto the unity of faith. The Emperor, saith Liberatus, supposing that joannes de Talaida, had not meant rightly of the Chalcedun council, but had done all things feignedly, wrote his letters by the persuasion of Acatius, to Pergamius, & Appolonius his Lieutenants, to depose john, and install Peter Mogge. john being thus thrust out, repaired to the B. of Antioch, with whose letters of commendation, he went to Simplicius Bishop of Rome, and desired him to write in his behalf unto Acatius Bishop of Constantinople, who did so, and with in a while after, died. This Pope Simplicius considering the great contentions that were accustomably about the election of Popes, did provide by decree, that no Pope should hereafter be chosen without the authority of the Prince, which decree, although it be not extant, yet it is manifest enough, by the Epistle of king Odoacer put into the Acts of the third Synod, that Simmachus the Pope did keep at Rome, wherein the King doth not only avouch, the decree of Simplicius, but also addeth: We marvel that without us any thing was attempted, saying that whiles our Priest (meaning the Bishop of Rome Simplicius) was on live: nothing ought to have been taken in hand without us next after Simplicius was Foelix. 3. chosen, who after his confirmation sent many letters, aswell to the Emperor as to Acatius Bishop of Constantinople, about the matter betwixt john and Peter, but when he could not prevail in his suit, he made john Bishop of Nola in Campania. One of the letters that Pope Foelix wrote unto Zenon the Act. 1. Emperor about this matter, is put into the fifth Synod of Constantinople: wherein the Pope after the salutation, doth most humbly beseech the Emperor, to take his humble suit in good part. He showeth that the holy Church maketh this suit, that he will vouchesaulfe to maintain the unity of the Church, that he will destroy Heresies, that breaketh the bond of unity, that he will expel Peter Mogge both out of the City and also from Church regiment: that he would not suffer Peter being deposed, to be admitted to the Communion of the Church: but that by his honourable letters, he would banish him out of the bounds of Antioch. And (saith this Bishop of Rome Foelix unto the Emperor) In his place appoint you one, that shall beautify the Priesthood by his works. Anastasius the Emperor deposed Macedonive Bishop of Constantinople, as one that falsified the gospels, as Liberatus Cap. 19 saith. About the election of Symachus, Platina mentioneth what great division and sedition arose, in so much Platina. that the parties were feign to agree to have a council holden for the determination of the matter. And there was a council appointed at Ravenna (saith Sabellicus) to the end that the controversy might be decided according to right, before the King sabel. Theodoriche: before whom the matter was so discussed, that at the last this Pope Symachus was confirmed. Nevertheless this fire was not thus so quite quenched, but that four years after, it blazed out sorer again. Whereat the King (saith Platina) being displeased, sent Peter the Bishop of Altine to Rome, to enjoy the sea, and both the other to be deposed. Whereupon an other Synod was called of. 120. Bishops, wherein (saith Sabellicus) the Pope himself defended his own cause so stoutly, and cunningly, and confuted, (saith Platina) all the objections laid against him, that by the verdict of them all, he was acquitted, and all the fault laid to Laurence and Peter. But to the intent it may the better appear what was the kings authority about these matters, mark the fourth Roman Synod, holden in the time of this Symachus & about the same matter of his, which although it be mangled and confusedly set forth in the Book of general Councils, because (as it may seem) that they would not have the whole truth of this dissension appear: yet will it show much, that the Princes had no small entermedlinge, and authority in Synods & Church matters. This Synod was summoned to be kept in Rome, by the commandment of the most honourable King Theodoriche. He declareth that many and grievous complaints, were brought unto him against Symachus Bishop of Rome. Symachus cometh into the Synod to answer for himself, giveth thanks to the King for calling the Synod, requireth that he may be restored to such things as he had lost by the suggestion of his enemies, and to his former state, and then to come to the cause, and to answer the accusers. The more part in the Synod, thought this his demand reasonable: Decernere tamen aliquid Synodus sine regia notitia non praesumpsit. yet the Synod praesumed not to decre● any thing without the kings knowledge. Neither came it to pass as they wished: for the King commanded Symachus the Bishop of Rome to answer his adversaries before he should resume any thing. And so the king committed the whole debating and judging of the matter to the Synod, which concludeth the sentence with these words: Wherefore according to the Kings will or commandment who hath committed this cause to us, we reform or restore unto him (to Symachus) what right so ever he ought to have within the City of Rome, or without. As it is and shallbe most manifestly proved and testified by the ecumenical or general councils, wherein the order of the ecclesiastical government in Christ's Church, hath been most faithfully declared, and showed from time to time (as you yourself affirm) that such like government as the queens Majesty doth claim and take upon her in Ecclesiastical causes was practised continually by the Emperors: and approved, praised and highly commended by thousands of the best Bishops & most godly Fathers that hath been in Christ's Church from time to time: even so shall I prove by your own book of general councils mangled, maimed, and set forth by papish Donatists themselves, and other such like Church writers, that this kind, and such like government, as the queens Majesty doth use in Church causes, was by continual practice, not in some one only Church or part of Christendom (whereof you crave proof, as though not possible to be showed) but in the notablest Kingdoms of all Christendom, as France and Spain, put in ure: whereby your wilful, and malicious ignorance shallbe made so plain, that it shallbe palpable to them whose eyes you have so bleared, that they cannot see the truth. Clodoveus about this time the first Christian king of France, baptised by Remigius, and taught the Christian faith: perceiving that through the troublesome times of wars, the Church discipline had been neglected and much corruption crept in, doth for reformation hereof call a national council or Synod at Aurelia, and commandeth the Bishops to assemble there together, to consult of such necessary matters as were fit, and as he delivered unto them to consult of. The Bishops do according as the King commandeth, they assemble, they commend the kings zeal, and great care for the catholic faith, and Religion, they conclude according to the kings mind, and doth refer their decrees to the judgement of the King, whom they confess to have the superiority, to be approved by his assent. Clodoveus also called a Synod named Concilium Cabiloneum, and commanded the Bishops to consider if any thing were amiss in the discipline of the Church, and to consult for the reformation thereof: and this (saith the Bishops) he did of zeal to Religion and true faith. Other four Synods were summoned afterward in the same City at sundry times, by the commandment of the king, named Childebert, moved of the love & care, he had for the holy faith, and furtherance of Christian Religion, to the same effect and purpose that the first was summoned for. This king Childebert, caused a Synod of Bishops to assemble at Paris, and commanded them to take order for the reformation of that Church, and also to declare whom they thought to be a provident Pastor, to take the care over the lords flock, the Bishop Saphoracus, being deposed for his just demerits. Theodobertus' king of France, calleth a Synod at Aruerna in France, for the restoring and establishing the Church discipline. Gunthranus the king, calleth a Synod, named Matisconens. 2. to reform the ecclesiastical discipline, and to confirm certain orders, and ceremonies, in the Church, which he declareth plainly in the Edict, that he setteth forth for that purpose. Wherein he declareth his vigilant and studious carefulness, to have his people trained & brought up, under the fear of God, A prince's charge. in true Religion, and godly discipline, for otherwise (saith this Christian king) I to whom God hath committed this charge, shall not escape his vengeance. He showeth the Bishops that their office is to teach, comfort, exhort, to reprove, rebuke, and correct, by preaching the word of God. He commandeth A bishop's jurisdiction. the elders of the Church, and also others of authority, in the common weal, to judge and punish, that they asiste the Bishops, and sharply punish by bodily punishment, such as will not amend by the rebuke and correction of the word, and church discipline. And concludeth, that he hath caused the Decrees in the council, touching discipline, and certain ceremonies to be defined, the which be doth publish and confirm, by the authority of this edict. After the death of Anastasius the Emperor, justinus reigned alone a right catholic Prince, who immediately sent Platina. messengers unto the Bishop of Rome, who should both confirm the authority of the sea, and also should provide peace for all Churches, so much as might be, with which doings of the Emperor, Hormisda the Bishop of Rome, being moved, sent unto the Emperor, with consent of Theodoriche, Legates. Martinus P●●nitentiar●us telleth, the Mar. Poeni. cause of this legacy was, to entreat the Emperor to restore those Bishops, which the wicked Anastasius had deposed. This godly Emperor justinus (saith Martin) did make a Law, that the Churches of the Heretics, should be consecrated to the catholic Religion, but this Decree was made in john the next Pope's days. The which edict when the king Theoderiche, being an Arian (saith the same Martin,) and king of Italy, herd, he sent Pope john (saith Sabellicus) with others in embassage unto the The Pope is the kings Ambassador. Emperor, to purchase liberty for the Arians. justinus received these Ambassadors honourably, saith Platina, and the Emperor at the length overcome with the humble suit of the Pope, which was sauced with tears, granted The Pope's humble suit to the Emperor, for the Arian heretics. to him and his associates, that the Arians should be restored, and suffered to live after their orders. In this history, this is not unworthy the noting, that the Pope did not only show his obedience and subjection to the godly Emperor, but also that the secular Princes, ordained Laws Ecclesiastical, with the which the Pope could not dispense. For all this business arose about the decree, which the Emperor had made in an Ecclesiastical cause or matter. If the Pope's authority in these causes, had been above the Emperors, he needed not with such lowliness, and so many tears to have besought the Emperor to have revoked his decree and edict. Within a while after this john, was Agapetus Pope, Valateran●. whom Theodatus the king, sent on his embassage unto the Emperor justinianus, to make a suit or treaty in his behalf. When the Emperor had entertained this Ambassador with much honour, and granted that he came for, touching Theodatus, he earnestly both with fair sabel. words, and foul, assailed this Pope, to bring him to become an Eutychian: the which when he could not win at his hand, being delighted with his free speech and constancy, he so liked him, that he forthwith deposed Anthemius bishop of Constantinople, because he was an Eutychian, and placed Menna a Catholic man, in his room. Agapetus died in this Legacy, in whose room was Syluerius made Pope, by the means, or rather, as Sabellicus saith, by the commandment of the king Theodatus, the which until this time, was wont to be done by the authority of the Emperors (sayeth Sabellicus,) for the revenge whereof, justinianus was kindled to make wars against Theodatus. Syluerius was shortly after quarreled withal by the Empress, through the means of Vigilius, who sought to be in his room, and was by the emperors authority deposed. The which act, although it were altogether unjust, yet declareth it the authority that the Prince had over the Pope: who like a good bishop, as he would not for any threats do contrary to his conscience and office▪ so like an obedient subject, he acknowledged the princes authority▪ being sent for, came: being accused, was ready with humbleness to have excused and purged himself: and when he could not be admitted thereunto, he suffered himself obediently to be spoiled of the Bishoplike apparel, to be displaced out of his office, and to be clothed in a Monastical garment. The same measure that Vigilius did give unto Syluerius, he himself being Pope in his place, received shortly after, with an augmentation, for he was in like sort within sabel. a while, deposed by the emperors authority, because he would not keep the promise which he had made unto the Empress, and was in most cruel wise dealt with all: which cruelty was the rather showed to him by the means and procurements (as Sabellicus noteth) of Pelagius, whom Vigilius had placed to be his Suffragan in his absence. About this time, Epiphanius Bishop of Constantinople, as Liberatus saith, died, in whose room the Empress Cap. 20. placed Anthymus. About which time, was great strife between Gaianus and Theodosius, for the Bishopric of Alexandria, and within two months, saith Liberatus, the Empress Theodora, sent Narses a noble man, to install Theodosius, and to banish Gaianus: Theodosius being banished, the sea was vacant: whereunto Paulus (who came to Constantinople to plead his cause before the Emperor, against certain stubborn monks) was appointed, and he received (saith Liberatus) authority of the Emperor, to remove heretics, Cap. 23. and to ordain in their places men of right faith. This Paulus was shortly after accused of murder, whereupon the Emperor sent Pelagius the Pope's proctor, lying at Constantinople, joining unto him certain other Bishops, with commission, to depose Paulus from the Bishoplike office, which they did: and they ordered for him zoilus, whom afterward Ibid. the Emperor deposed, and ordered Apollo, who is now the Bishop of Alexandria (saith Liberatus) Certain Monks met with Pelagius in his return from Gaza (where Paulus was deposed) towards Constantinople, bringing certain articles, gathered out of Origenes works, minding to make suit unto the Emperor, that both Origen and those articles might be condemned, whom Pelagius for malice he bore to Theodorus Bishop of Caesaria in Cappadocia, an earnest fautor of Origen, did further all that he might. Pelagius therefore doth earnestly entreat the Emperor, that he would command that to be done which the Monks sued for: to wit, that Origen with those articles should be damned. The which suit the Emperor granted, being glad to give judgement upon such matters, and so by his commandment, the sentence of the great curse against Origen, and those Articles were drawn forth in writing and subscribed with their hands, and so sent to Vigilius the Bishop of Rome, to zoilus Bishop of Alexandria, Euphemius of Antioch, and Peter Bishop of Jerusalem. These Bishops receiving this sentence of the curse, pronounced by the emperors commandment, and subscribing thereunto: Origine was condemned being dead, who before long ago on live was condemned. When Theodorus Bishop of Caesarea in Cappadocia heard of this condemnation, to be revenged, he laboured earnestly Cap. 24. with the Emperor, to condemn Theodorus Mopsuestenus a famous adversary of Origen, the which he brought to pass by overmuch fraud, abusing the Emperor to the great slander and offence of the Church. Thus in all these Ecclesiastical causes, it appeareth the Emperor had the chief entermedlinge, who although at the last was beguiled by the false Bishops: yet is it worthy the noting by whom this offence in the church came, which appeareth by that, that followeth: I believe that this is manifest to all men (saith Liberatus) that this offence entered into the Church, by Pelagius the Deacon, and Theodorus the Bishop, the which even Theodorus himself, did openly publis he with clamours: crying, that he and Pelagius were worthy to be brent quick, by whom this offence entered into the world. This Pelagius as yet was but Suffragan or proctor for the Pope, who afterward in the absence of Pope Vigilius his master crept into his sea, in the midst of the broils that Totylas king of the Goths made in Italy, when also he came to Rome. In the which history is to be noted the Pope's subjection to Totylas, whom humbly on his knees he acknowledged, to be his Lord appointed thereto of God, and him Sabellicus. self as all the rest to be his servant. Note also how the king sent him Ambassador, what charged, and that by Oath, of his voyage, of his message, and of his return, the King straightly gave unto him: how buxomely in all these things he obeyed: How last of all toward the Emperor (being commanded by him to tell his message) he fell down to his feet, and with tears both to him and to his nobles, he ceased not to make most lamentable, and humble supplication, till without speed, but not without reproach, he had leave to return home. But lest you should take these things, to set forth that Princes had only their jurisdiction over the Ecclesiastical. persons, and that in matters Temporal, and not in causes Ecclesiastical, mark what is written by the Historians. Platina amongst the decrees of this Pope Pelagius, telleth, (and the same witnesseth Sabellicus) that Narses the emperors other deputy, jointly with Pelagius did decree, that none by ambition should be admitted to any of the holy orders. Pelagius more over writeth unto Narses, desiring him of his aid against all the Bishops of Liguria▪ Venetiae and Histria, which would not obey him, putting their affiance in the authority of the first Council of Constantinople. In which Epistle amongst other things, he writeth on this wise: Your honour must remember what God wrought by you at that time, when as Totyla the tyrant possessing Histriam and Venetias: the French also wasting all things you would not nevertheless suffer a bishop of Milan to be made; until ye had sent word from thence to the most mild Prince (meaning the Emperor) and had received answer again from him by writing what should be done, and so both he that was ordained bishop, and he that was to be ordained, were brought to Raunenna at the appointment of your high authority. Not long after, Pelagius. 2. because he was chosen Iniussu Principis, without the emperors commandment; and could not send unto him, by reason the Town was besieged, and the huge rising of the waters stopped the passage: as soon as he might, being elected Pope, he sent Gregory to crave the Emperors pardon, and to obtain his good will. For in those days (saith Platina) the Clergy did nothing in the Pope's election, except the election had been allowed by the Emperor. About the time of Pelagius the first his Papacy was there a Council holden at Towers in France, by the licence and consent of Arithbertus the King, for the reformation of the Church discipline, wherein appeareth, that the kings authority was necessarily required, to confirm, and strengthen the discipline. For where they decree of the maids or widows that shall not be married, without the consent of the parents, which is an especial matter Ecclesiastical, they declare the strength thereof, to depend upon the commandment of the Prince. Not only (say they) the Kings, Childebert and Clotharius of honourable memory, kept and preserved the constitution of the Laws touching this matter, the which now the king Charibert their successor hath confirmed, or strengthened by his precept. The Emperor justinianus calleth the Bishops of all Churches unto a general Council at Constantinople, the which is called the fift ecumenical Synod, to repress the insolence of certain Heretics, who taught and maintained Heresies and Schisms, to the great disquieting of the Church against the doctrine established evag. li. 4. Cap. 38. in the four forenamed general Councils. In the time of this council Menna, the Bishop of Constantinople, departed out of this life, in whose room the Emperor placed Eutychius. The Emperor governeth and Niceph. li. 17. Cap. 27. directeth all things in this Council, as the Emperors before him had done in the other general Synods, as appeareth by the writing, which he sent unto the Bishops, wherein he showeth, that the right believing godly Emperors his ancestors did always labour, to cut of the Heresies sprung up in their time, by calling together into Synod the most religious Bishops, and to preserve the holy Church in peace: and the right faith to be sincerely preached and taught. He allegeth the examples of Constantinus Magnus, Theodosius the elder, Theodosius the younger, and Martianus the Emperors: who (saith he) called the former general councils, were present themselves in their own persons, did aid and help the true confessors, and took great travail upon them, that the right faith should prevail, and be preached. Our forenamed ancestors of godly memory (saith he) did strengthen and confirm by their Laws, those things which were decided in every of those councils, and did expulse the Heretics, which went about to gainsay the determinations of the four forenamed general councils, and to unquiet the Churches. He protesteth, that from his first entrance, he made these the beginnings & foundation of his imperial government, to wit, the unity in Faith agreeable to the four general councils, amongst the church ministers, from the east to the west: the restraigninge of schisms and contentions stirred up, by the fautors of Eutyches and Nestorius, against the Chalcedon council: the satisfying of many that gainsaid the holy Chalcedon council, and the expulsion of others, that persevered in their errors, out of the holy Churches and Monasteries: To the end that concord and peace of the holy Churches, and their Priests, being firmly kept, one, and the self same faith, which the four holy Synods did confess, might be preached throughout God's holy Churches. He declareth how he had consulted with them by his letters and messengers about these matters, and how they declared their judgements unto him by their writings: notwithstanding seeing certain Heretics continue in their heresies: Therefore I have called you (saith he) to the royal City (meaning Constantinople) exhorting you being assembled together, to declare once again your minds touching these matters. He showeth that he opened these controversies to Vigilius the Pope, at his being with him at Constantinople: And we asked him (saith he) his opinion herein: and he, not once nor twice, but oftentimes in writing, and without writing, did curse the three wicked articles, etc. We commanded him also by our The Emperor commandeth the Pope to come to the Synod. judges, and by some of you, to come unto the Synod with you, and to debate these three articles together with you, to the end that an agreeable form of the right faith might be set forth: and that we asked both of him and you in writing touching this matter: that either as wicked articles, they might be condemned of all: or else, if he thought them right, he should show his mind openly: But he answered unto us: that he would do severely by himself concerning these three points, and deliver it unto us He declareth his own judgement and belief, to be agreeable with the faith set forth in the four general Councils. He prescribeth unto them the special matters, that they should debate and decide in this Synod: whereof the final end is, (saith he) That the truth in every thing may be confirmed, and wicked opinions condemned. And at the last, he concludeth with an earnest and godly exhortation, to seek God's glory only, to delare their judgements agreeable to the holy gospel, touching the matters he propoundeth, and to do that with convenient speed. Dat. 3. Nonas Maia's, Constant inopoli. The Title prefixed to the first general council, summoned by the commandment of justinian, telleth in effect generally, both the matter and also who had the chief authority in the ordering thereof: for it is entitled: The divine ordinance and constitution of justinian the Emperor against Anthymus, Severus, Petrus, and Zoaras. Mennas the universal archbishop and patriarch of Constantinople, was present in this Council, who had adjoined unto him, placed on his right hand, certain Bishops, coadiutours, named and appointed by the commandment of the Emperor, sent out of Italy from the sea of Rome. When they were set thus in council, Themperor sent Theodorus one of the Masters of the Requests, or his Secretary, a wise man, unto the Synod: Bishops, abbots, & many other of the clergy, with their bills of supplications, which they had put up unto the Emperor, for redress of certain matters Ecclesiastical. Theodorus maketh relation unto the Synod hereof, delivereth the Bills of supplication to be considered on: presenteth the parties to the Synod, and showeth that this is the emperors pleasure, that they should dispatch and end these matters. Paulus the Bishop of Apamea, in his bill of supplication, offered to the most godly Emperor in the name of all his, acknowledgeth him to be the highest Potentate in the world next unto God: who hath magnified his Empire, The prince the highest potentate next to god in all causes and thrown his adversaris under him: because he maintaineth the only and pure Faith: offereth unto god pure leaven, that is to say, true doctrine as incense, and burneth the chaff (meaning false Religion) with unquenchable fire. And after the Declaration of their Faith, talking of the Eutychian or counterfeit catholic, He desireth the Emperor, to whom God hath reserved the full authority to direct, to cut him from the Church, and to expulse God reserveth to the prince the fullness of direction in Ecclesi. causes. him out of his Dominions. In like sort the Religious men, and the Monasteries of Secunda Syrta, do offer up a book of supplication unto the Emperor, beseeching him, that he will command the archbishop Mennas, precedent of the council, to receive their book, & to consider of it according to the Ecclesiastical Canons. The Emperor maketh a law and constitution, to ratify & confirm the judgement of the Synod against Anthymus, & other heretics: wherein also he decreeth touching many other ecclesiastical matters or causes: as, No man to Rebaptize: to profane the holy Communion: to call Conventicles: to dispute further in those matters concluded on: to publish or set forth the Heretical books: to communicate with them. And so knitteth up all, with this conclusion. We have decreed these things for the common peace of the most holy Churches: these things have we determined by sentence. All things being thus done, by the commandment of the Emperor, in the first Action, & so forth, in the second, third, and fowrth, after many acclamations, the president of the Council Mennas, concludeth: saying to the Synod: That they are not ignorant of the zeal and mind, of the Godly Emperor, towards the right Faith, and that nothing of those that are moved in the Church, aught to be done Nothing may be done in Church matters, without the prince's authority. without his will and commandment. Such is the authority of Princes in matters Ecclesiastical, that the Godly ancient Fathers did not only confess, that nothing moved in Church matters, aught to be done without their authority, but also did submit themselves willingly with humble obedience, to the direction of the Godly Emperors, by their laws, in all matters or causes Ecclesiastical, which they would not have done, if they had thought, that Princes ought not to have governed in Ecclesiastical causes. The same zealous Emperor doth declare, that the authority of the Prince's laws doth rightly dispose and keep Cod. lib. 1. tit. 17. in good order, both spiritual and temporal matters, and driveth away all iniquity: wherefore he did not only gather together as it were into one heap, the laws that he himself had made, and other Emperors before him, touching civil or temporal matters: but also many of those laws and constitutions, which his ancestors had made in Ecclesiastical causes: Yea, there was nothing pertaining to the Church government, which he did not provide for, order, and diricte by his laws and constitutions: wherein may evidently appear the authority of Princes, not only over the persons, but also in the causes Ecclesiastical. He made a common and general Novel. const. 3. law to all the patriarchs, touching the ordering of Bishops, and all other of the clergy, & Church The emperors Ecclesiastical laws. ministers: prescribing the number of them to be such, as the revenues of the Churches may well sustain: affirming that the care over the Churches, and other Religious houses, pertain to his oversight: And doth further inhibit, that the ministers do pass forth of one Church to an other, without the licence of the Emperor or the bishop: the which ordinance he gave also to those that were in Monasteries. He giveth authority to the patriarch or bishop, to refuse and reject, although great suit by men of much authority be made. He prescribeth in what sort, & to what end the church goods should be bestowed, and threateneth the appointed pains to the Bishop and the other ministers, if they transgress this his constitution. He prescribeth in what sort, the Bishop shall dedicate a Monastery: he giveth rules and forms of examination, Const. 5. and trial of those that shallbe admitted into a Monastery, before they be professed: in what sort and order they shall live together: He prescribeth an order and rule, whereby to choose and ordain the Abbot: He requireth in a Monastical person, divinorum eloquiorum eruditionem, & conversationis integritatem: Learning in God's word, and integrity of life. And last of all, he chargeth the archbishops, Bishops, & other Church ministers, with the publishing and observing of this his constitution: Yea his Temporal officers and judges also, threatening to them both, that if they do not see this his Law executed and take the effect, they shall not escape condign punishment. He protesteth, that Emperors ought not to be careful Const. 6. for nothing so much, as to have the ministry faithful towards God, and of honest behaviour towards the world, which he saith, will easily be brought to pass, if the holy rules which the Apostles gave, and the holy fathers kept, and made plain, be observed and put in ure. Therefore, saith he, we following in all things the sacred rules (meaning of the Apostles) do ordain and decree. etc. and so maketh a constitution and Law, touching the qualities and condition, that one to be chosen and ordered a Bishop, aught to have, and prescribeth a form of trial and examination of the party, before be be ordered:: adding that if any be ordered a Bishop, not qualified according to this constitution, both he that ordereth, and he that is ordered, shall lose their bishoprics. He addeth furthermore, that if he come to his bishopric by gifts or rewards, or if he be absent from his Bishopric above a time limited, without the commandment of the Emperor, that he shall incur the same penalties. The like orders and rules he prescribeth in the same constitution for Deacons, Diaconisses, Subdeacons, and Readers: commanding the patriarchs, Archbishops & Bishops to promulgate this constitution, & to see it observed under a pain. He affirmeth that this hath been an ancient Law, and doth by his authority, renew and confirm the same: that no man have private chapels in their houses, wherein Const. 57 to celebrate the divine mysteries: whereunto he addeth this warning to Mennas the archbishop, that if he knew any such to be, and do not forbid and reform that abuse, but suffer this constitution of the Emperor to be neglected add broken, he himself shall forfeit to the Emperor fifty pounds of gold. Also that the ministers keep continual residence on their benefices: otherwise the Bishop to place others in their rooms, and they never to be restored. Const. 58. When this Emperor understood, by the complaints that were brought unto him against the Clergy, Monks and certain Bishops, that their lives were not framed according to the holy Canons, and that many of them were so ignorant, that they knew not the prayer of the holy oblation and sacred Baptism: perceiving further, that the occasion hereof was partly, by reason that the Synods were not kept according to the order appointed, partly for that the Bishops, Priests, Deacons, and the residue of the Clergy, were ordered, both without due examination of the right faith, and also without testimony of honest conversation: Protesting that as he is mindful to see the civil Laws firmly kept, even so he ought (of duty) to be more careful about the observation of the Sacred rules and divine Laws, and in no wise to suffer them to be violated and broken. He reneweth the constitutions for the Clergy, touching Church causes, saying: Following therefore those things, that are defined in the sacred Canons, we make a pragmatical or most full and effectual Law, whereby we ordain that so often as it shallbe needful, to make a Bishop. etc. And so goeth forward in prescribing the form of his election, examination, & approbation. And shutteth up the Law about the ordering of a Bishop with this clause: If any shallbe ordered a Bishop against this former appointed order, both he that is ordered and he also that hath praesumed to order against this form, shall be deposed. He decreeth also by Proviso, what order shall be kept, if it chance that there be any occasion or matter laid to the charge of him that is to be ordered, either Bishop, Priest, Deacon, Clergy man, or else Abbot of any Monastery. But about all things sayeth he, we enact this to be observed, that no man be ordered Bishop by gifts or rewards: for both the giver, taker, and the broker, if he be a Church man, shallbe deprived of his benefice, or clerical dignity, and if he be a Lay man, that either taketh reward, or is a worker in the matter between the parties, we command that he pay double to be given to the Church. He giveth licence nevertheless, that where there hath been something given, by him that is ordered bishop, of custom, or for enstallation, that they may take it: so that it exceed not the some prescribed by him in this Law. We command therefore that the holy archbishops, namely of the elder Rome, of Constantinople, Alexandria, Theopolis, and Jerusalem, if they have a custom to give the Bishops and Clerks, at their ordering under twenty pounds in gold: they give only so much as the custom alloweth: But if there were more given before this Law, we command that there be no more given then twenty pounds. And so he setteth a rate to all other Ecclesiastical persons in their degrees, & according to the ability of their Churches, concluding thus: Surely if any presume by any means to take more than we have appointed, either in name of customs, or enstallations, we command that he restore threefold so much to his Church, of whom he took it. He doth utterly forbid Bishops & Monks, to take upon them guardianship: nevertheless, he licenseth Priests, Deacons, & Subdeacons, to take the same on them in certain cases. He commandeth two Synods to be kept in every Province yearly. He prescribeth what, and in what order, matters shallbe examined, and discussed in them. Besides these, he enjoineth, and doth command all Bishops, & Priests, to celebrate the prayers in the ministration of the lords supper, and in baptism, not after a whispering or whist manner, but with a clear voice, as thereby the minds of the hearers, may be stirred up with more devotion in praising the Lord God. He proveth by the testimony of S. Paul, that it ought so to be. He concludeth, that if the Religious bishops, neglect any of these things, they shall not escape punishment by his order. And for the better observing of this constitution, he commandeth the rulers of the provinces under him, if they see these things neglected, to urge the Bishops, to call Synods, and to accomplish all things, which he hath commanded by this Law to be done by Synods. But if the Rulers see notwithstanding, that the Bishops be slothful and slake to do these things, then to signify thereof to himself, that he may correct their negligence: for otherwise he will extremely punish the Rulers themselves. Besides these, saith this Emperor, we forbid and enjoin the Religious Bishops, Priests, Deacons, Subdeacons, Readers, and every other Clergy man, of what degree or order so ever he be, that they play not at the table plays (as cards, dice, and such like plays, used upon a table) nor to associate or gaze upon the players at such plays, nor to be gazers at any other open sights: if any offend against this decree, we command that he be prohibited from all sacred ministry for the space of three years, & to be thrust into a monastery. After these constitutions made for the government of the secular clergy (as you term it) in causes Ecclesiastical, the Emperor descendeth to make statutes, ordinances and rules for monastical persons (commonly called Religious) declaring, that there is no manner of thing, which is not thoroughly to Const. 133. be searched by the authority of the Emperor, who hath, (saith he) received The Prince hath supreme government over all persons in all manner causes. from God the common government and principality over all men. And to show further that this principality is over the persons, so well in Ecclesiastical causes as Temporal, he prescribeth orders and rules for them, and committeth to the abbots and bishops (jurisdiction) to see these rules kept, concluding that so well the Magistrates, as Ecclesiastical persons, aught to keep incorrupted all things which concern godliness: but above all other the Emperor, who ought to neglect no manner of thing pertaining to godliness. I omit many other Laws and constitutions, that not only this Emperor, but also the Emperors before him made, touching matters and causes Ecclesiastical, and do remit you unto the Code, and the authentics, where you may see that all manner of causes Ecclesiastical, were overseen, ordered & directed by the authority of the Emperors, and so they did the dutiful service of Kings to Christ, In that (as S. Augustine saith) they made laws for Christ. August. Epist. 48. Arriamirus King of Spain, commanded two councils to be celebrated in a City called Brachara, the one Bracha. 1. 2. in the second year of his reign, the other the third year, wherein were certain rules made or rather renewed touching matters of faith, touching constitutions of the Church, and for the duties and diligence of the Clergy in their offices. Wambanus King of Spain, seeing the great disorders in the Church, not only in the discipline, but also in the matters of Faith, and about the administration of the Sacraments, calleth a Synod at Brachara, Brach. 3. named Concil. Brachar. 3. for the reformation of the errors and disorders about the Sacraments and Church discipline. About this time after the death of Pelagius 2. the Clergy and the people elected Gregory the first, called afterwards the great. But the custom was (saith Sabellicus) which is declared in an other place, that the Emperors should ratify by their consent, the election of him that is chosen Pope. And to stay the emperors approbation (saith Platina) he sent his messengers with his letters, to beseech the Emperor Mauritius, that he would not suffer the election of the people and clergy to take effect, in the choice of him. etc. So much did this good man (saith Sabellicus) seeking after heavenly things, contemn earthly and refused that honour, for the which other did contend so ambitiously. But the Emperor being desirous to plant so good a man in that place, would not condescend to his request but sent his Ambassadors, to ratify and confirm the election. Richaredus King of Spain, rightly taught and instructed in the Christian faith, by the godly and Catholic Bishop Leander Bishop of Hispalis, did not only bring to pass, that the whole nation, should forsake the Arianisme and receive the true faith, but also did carefully study how to continue his people in the true Religion by his means newly received. And therefore commanded all the Bishops within his Dominions to assemble together at Toletum, in the fourth year of his reign, and there to Tol. 3. consult about staying and confirming of his people in true faith and Religion of Christ by godly discipline. When the Bishops were assembled in the convocation house, at the kings commandment: the king cometh in amongst them, he maketh a short, but a pithy and most Christian oration unto the whole Synod: Wherein he showeth, that the cause wherefore, he called them together into the Synod was, To repair and make a new form of Church discipline, by common consultation in Synod, which had been letted long time before by the Heretical Arianisme, the which stay and let of the Arians heresies, it hath pleased God (saith he) to remove and put away by my means. He willeth them to be joyful and glad, that the ancient manner to make Ecclesiastical constitutions for the well ordering of the Church, is now through God's providence reduced and brought again to the bounds of the Fathers by his honourable industry. And last of all he doth admonish and exhort them, before they begin their consultation, to fast and pray unto the Almighty, that he will vouchesaulfe to open and show unto them a true order of discipline, which that age knew not, the senses of the Clergy were so much benumbed, with long forgetfulness. Whereupon there was a three days fast appointed. That done the Synod assembleth, the king cometh in, and sitteth amongst them: he delivereth in writing to be openly red amongst them the confession of his Faith, in which he protesteth, with what endeavour and care, being their king, he ought not only to study for himself, to be rightly given to serve and please God with a right Faith in true Religion, but also to provide for his subjects, that they be thoroughly instructed The dutiful care of a Prince about Religion. in the Christian Faith. He affirmeth and thereto taketh them to witness, that the Lord hath stirred him up, inflamed with the heat of Faith: both to remove and put away the furious and obstinate Heresies and Schisms, and also by his vigilant endeavour and care to call and bring home again the people unto the confession of the true faith, and the communion of the Catholic Church. Further alluding to the place of S. Paul, where he saith, that through his ministry in the Gospel, he offereth up the Gentiles unto God, to be an acceptable Sacrifice: he saith to the Bishops, That he offereth by their ministry, this noble people, as an holy and acceptable Sacrifice to God. And last of all with the rehearsal of his faith, he declareth unto the Bishops, That as it hath pleased God by his care and industry to win this people to the faith, and unite them to the Catholic Church: so he chargeth them, now to see them staid and confirmed by their diligent teaching, and instructing them in the truth. After this confession was red, and that he himself, and also his Queen Badda, had confirmed and testified the same with their hands subscription: the whole Synod gave thanks to God with many and sundry acclamations, saying: That the Catholic King Richaredus is to be crowned of God with an everlasting crown, for he is the gatherer together of new people into the Church. This King truly aught to have the Apostolic reward, who hath performed the Apostolic office. This done, after the Noble men and Bishops of Spain, whom the worthy King had converted, and brought to the unity of Faith, in the Communion of Christ's Church, had also given their confession openly, and testified the same with subscription: the King willing the Synod to go in hand to repair and establish some Ecclesiastical discipline, saith to the Synod, alluding to S. Paul's saying to the Ephesians, to this effect: That the care of a king ought to stretch forth itself, and not to cease till he have brought the subjects to a full knowledge and perfect age in Christ: and as a king ought to bend all his power and authority to repress the insolence of the evil, and to nouris he the common peace and tranquillity: A princes special care for his subjects. Even so ought he much more to study, labour and be careful, not only to bring his subjects from errors and false Religion, but also to see them instructed, taught, and trained up, in the truth of the clear light. And for this purpose he doth there decree of his own authority, commanding the Bishops to see it observed, that at every Communion time, before the receipt of the same, all the people with a loud voice together, do recite distinctly the Symbol, or Crede, set forth by the Nicen council. When the Synod had consulted about the discipline, and had agreed upon such rules and orders, as was thought most meet for that time and Church, and the king had considered of them, he doth by his assent and authority, confirm and ratify the same, and first subscribeth to them, and then after him all the Synod. This zealous care and careful study of this, and the other above named princes, providing, ruling, governing, and by their princely power and authouritie, directing their whole Clergy, in causes or matters Ecclesiastical, was never disallowed, or misliked, of the ancient fathers, nor of the Bishops of Rome, till now in the latter days, the insatiable ambition of the Clergy, and the overmuch negligence and wantonness of the Princes, with the gross ignorance of the whole Laity, gave your holy father, the child of perdition, the full sway, to make perfect the mystery of iniquity: Yea, it Li. Epist. 7. Epist. 126. may appear by an Epistle that Gregorius surnamed great, the Pope at that time commended the Prince's government in causes Ecclesiast Bishop of Rome, writeth unto this worthy king Richaredus, that the Bishop of Rome did much commend this careful government of Princes in causes of Religion. For he most highly commendeth the doings of this most Christian king. He affirmeth that he is ashamed of himself, and of his own slackness, when he doth consider the travail of kings in gathering of souls to the celestial again. Yea, what shall I (sayeth this Bishop of Rome to The prince calleth counsels and governeth Ecclesiastical causes with out any doing of the Pope therein the king) answer, at the dreadful doom, when your excellency shall lead after yourself flocks of faithful ones, which you have brought into the true faith, by careful and continual preaching. etc. Although I have meddled and done nothing at all with you, doing this altogether without me, yet am I partaker of the joy thereof with you. Neither doth Gregory blame this king as one meddling in Church causes, wherein he is not Ruler: but he praiseth God for him, that he maketh godly constitutions against the unfaithfulness of miscreants: & for no worldly respect willbe persuaded to see them violated. Next after Sabinianus, an obscure Pope, enemy and successor to this Gregory, succeeded Bonifacius. 3. Who although he durst not in plain dealing deny, or take from the Emperors, the authority & jurisdiction in the Pope's election, and other Church matters: yet he was the first that opened the gap thereunto: for as sabel testifieth, sabel. Plat. Paul. Diac. Volater. Naucler. Martinus. with whom agree all other writers, for the most part: This Bonifacius immediately upon the entrance into his Papacy, dealt with Phocas, to win that the Church of Rome, might be head of all other Churches, the which he hardly obtained, because the Grecians did challenge that prerogative for Constantinople. After he had obtained this glorious & ambitious title, of the bloody tyrant Phocas, and that with no small bribes: like unto one that having a beam in his own eye, went about to pull the mote out of his brothers, he made a decree, that every one should be accursed, that prepared to himself a way into the Papacy, or any other Ecclesiastical dignity, with friendship or bribery. Also that the Bishops in every city, should be chosen by the people and Clergy: and that the election should be good, so that the Prince of the City did approve the party by them chosen, and the Pope adding his authority thereto, had once said, volumus & jubemus: we will and command. But saith sabel. both these decrees are abolished. Now began this matter to brew by little and little, first he obtained to be the chief over all the Bishops, then to cover vice with virtue, and to hide his ambition, he condemned all ambition in labouring Spiritual promotion, and in the election of Bishops, where the confirmation before was in the Emperors: because the Emperor gave him an Inch, he took an elle, because he had given him a foot, he would thrust in the whole body, and turn the right owner out. For leving out the Emperor, he putteth in the Princes of the Cities, from whom he might as easily afterwards take away, as for a show he gave falsely that unto them, that was none of his to give: granting unto them the allowance of the election: but to himself the authority of ratifying, or infringing the same, choose them whether they would allow it or no. And to show what authority he would reserve to himself, borrowing of the tyrant, speaking in the singular number. Sic volo, sic jubeo, So will I, so do I command: for the more magnificence in the plural number, he princely lappeth up all the matter with volumus & jubemus, we will and command: Which words, like the Law of the Medes & Persians, that may not be revoked, if they once pass through the Pope's holy lips, must needs stand, allow or not allow, who so list, with full authority the matter is quite dashed. But thanks be to God for all this (the decree is abolished) followeth immediately. For shortly after, Isacius the Emperors Lieutenant Sabel. in Italy, did confirm & ratify the election of Severinus the first of that name, for saith Platina. The election of the Pope made by the Clergy and people in those days, was but a vain thing, unless the Emperor, or his Lieutenant had confirmed the same▪ Sisenandus the king of Spain, calleth forth of all parts Tol. 4. of his dominions the Bishops to a City in Spain, called Toletum. The purpose and manner of the kings doings in that council, the Bishops themselves set forth, first as they affirm: They assemble together by the praeceptes and commandment of the king, to consult of certain orders of discipline for the Church, to reform the abuses that were crept in about the sacraments and the manners of the Clergy. The king with his nobles, cometh into the council house: He exhorteth them to careful diligence, that thereby all errors and abuses, may be wypt away clear out of the Churches in spain. They follow the kings direction, and agree upon many wholesome rules. When they have concluded, they beseech the king to continue his regiment, to govern his people with justice and godliness. And when the king had given his assent to the rules of discipline, which they had agreed upon, they subscribed the same with their own hands. The like Synod Chintillanus king of Spain, did convocate Tol. 5. at Toletum, for certain ceremonies, orders, and discipline, which was confirmed by his precept and decree, in the first year of his reign. And an other also by the same Tol. 6. king, and in the same place, and for the like purpose, was called and kept the second year of his reign. Chindasuindus' king of Spain, no less careful for Church matters and Religion, than his predecessors, appointeth Tol. 7. his Bishops to assemble at Toletum in convocation, and there to consult for the stablishing of the faith, & Church discipline, which they did. Reccessiunthus king of Spain, commanded his Bishops to assemble at Toletum, in the first year of his reign, and there appointed a Synod, wherein besides the Bishops and abbots, there sat a great company of the noble men of Spain. The king himself came in amongst them, he maketh a grave and very godly exhortation unto Tol. 8. the whole Synod, he professed how careful he is, that his subjects should be rightly instructed in the true faith, and Religion. He propoundeth the form of an Oath which the clergy and others of his subjects were wont to receive, for the assurance of the kings saulfty. He exhorteth them to ordain sufficiently for the maintenance of godliness and justice. He moveth his nobles that they will assist and further the good and godly ordinances of the Synod. He promiseth that he will by his princely authority, ratify and maintain what so ever they shall decree, to the furtherance of true Godliness, & Religion. The Synod maketh ordinances: the clergy, and nobility there assembled subscribeth them: and the king confirmeth the same with his royal assent and authority. He called two other Synods in the same place for such Tol. 9 like purpose, in the seventh & eight years of his reign. Tol. 10. Vitalianus being chosen Pope, sent his messengers with Synodical letters (according to the Custom, saith Gratian) Dist. 631. cap. 21. to signify unto the Emperor of his election. In this Pope's time (saith the Pontifical) came Constantinus the Emperor to Rome, whom this Pope with his clergy, met six miles out of the City, and did humbly receive him. It is wonderful to consider (although the Historians, being Papists for the most part, cover the matter so much as may be) what practices the Popes used to catch from the Emperors to themselves, the superiority in governing of Church matters: When they saw, that by stout and brave presumption, their ambitious appetites could not be satisfied, they turned over an other leaf, and covering their ambitious meaning with a patched cloak of humility & lowliness, they won much of that, which with pride and presumption they had so often before this time attempted in vain. With this wily lowliness, Donus the next saving one to Vitalianus, brought under his obedience the archbishop of Ravenna. There had been an old and continual dissension betwixt the archbishop of Rome, and the archbishop of Ravenna, for the superiority: The Rauennates accounting their sea equal in dignity, and to owe none obedience to the sea of Rome, for they were not subject thereunto: To finish this matter, and to win the superiority, Pontifical. Donus first practised with Reparatus the archbishop of Ravenna, to give over unto him the superiority, and become his obedientiary, and that (as it may appear by the sequel) without the consent of his Church. After the death of Reparatus, which was within a while, Theodorus a familiar friend to Agatho the Pope, and a stout man, (whom Agatho did honour with his Legacy unto the sixth general council at Constantinople) because his Clergy would not wait on him on Christmas day, so solemnly conducting him unto the Church as the manner had been, did give over the title, and made his sea subject to the Pope for envy and despite of his Clergy, (saith Sabellicus) wherewith the Rauennates were not content, but being overcome by the authority of the Emperor Constantine, who much favoured Agatho, they bore it as patiently as they might. And Leo the second, successor to Agatho, made an end hereof, causing the Emperor justinian to show great cruelty unto the whole City of Ravenna, and to Foelix their Bishop, because they would have recovered their old liberty. And so this Pope Leo by the commandment and power of the Emperor justinian, brought Ravenna under his obeisance, as the Pontifical reporteth. These Popes through their feigned humility and obedience unto the Emperors, which was but duty, won both much favour and aid at the emperors hands, to achieve their purpose much desired. But Benedictus the second, who succeeded next to Leo the second, went in this point beyond all his predecessors, for Constantine being moved with his humanity, piety, and favourableness towards all men, when he sent to the Emperor for his confirmation: the Emperor sent saith Platina a decree, that from henceforth, look whom the Clergy, the people, and the Roman army, should choose to be Pope, all men, without delay, should believe him to be Christ's true vicar, abiding for no confirmation by the Emperor, or his Lieutenant as it had been wonted to be done. etc. For that was wont to be allowed in the Pope's creation, that was confirmed by the Prince himself, or his vicegerent in Italy. Here first of all it appeareth (if this story be true) how this interest of the Prince in this Ecclesiastical matter thus continuing long time, although many ways assailed, and many attempts made by the Popes, to shake it of, was at the length through their flattery (which their Parasites call humility) given unto them of the Emperors, to whom it appertained. But whether this story be true or not, or if it were given, how it was given, or how long the gifts took place, or how it was taken away and returned to the former right, may well be called into question, for there is good tokens to show, that it was not given in this sort. For these two Popes who sat in the Papal seat but. 10. months a piece or there abouts, were in no such favour with Themperor, as was their predecessor Agatho, who made great suit unto the Emperor for such like things, & obtained his suit, but with a special Proviso for the reservation of this authority, still to remain unto the Emperors, as witnesseth the Pontifical and Gratian. He received from the Emperor letters (say they) according to his petition, whereby the some of money was released that was wont to be given (to the Emperor) for the Pope's Consecration: but so that if there happen after his death any election, the Bishop elect be not consecrated before the election be signified to the Emperor by the general decree (he meaneth the Synodical letters) according to the ancient custom, that the ordering of the Pope may go forward, by the emperors knowledge or consent and commandment. The Glossar upon Gratian noteth upon these words: which sum Dist. 63. was wont to be given: For every Bishop was wont to give something to the Emperor at his election. But did not the Emperor commit Simony in releasing this right under this condition, that his consent should be required in the election? answer, no● because both these belonged to him of right before, wherefore he might now remit the one. But as I said, let it be true, that Constantine gave over this jurisdiction, yet Volateranus addeth to this suspected donation, this clause, found true by experience, which donation (saith he) was not long after observed. And in deed it was kept so small a while, that within one year after or little more, when the electors after long altercation, had agreed on Conon: Theodorus the emperors Lieutenant (as saith Sabellicus) gave his assent: and Platina showeth the same, although not so plainly. So that by this also it appeareth, that if still it appertained to the emperors Lieutenant, to give his assent to the Pope's election, that than this gift is either feigned of the Papists (and that the rather under the name of Constantinus, to blear therewith the ignorants' eyes, as though it were the grant of Constantine the great, as they do about Images with the name of the Nicene Council) or belike the gift was not so authentically ratified, as it was unadvisedly promised: but how so ever it was, it held not long: the Pope himself solemnly with the consent and decree of & whole Council, resigning all the foresaid grant unto the Emperor for evermore. But I return again to Agatho, who (as I said) being in great favour with Constantine the Emperor, Determined (saith Platina) to have a council to decide the error of the Monothelites. But because he could not himself by his own authority, call a general council, for that belonged to the Emperor, who in that time was busy in the wars against the Saracens: He waited (saith Platina) for the return of the Emperor. This Constantinus surnamed Pogonatus, about the year of the Lord. 680. calleth the Bishops out of all coasts unto a general Council: in his letters of Summons to Donus, (but committed to Agatho Bishop of Rome, Donus being dead) he admonisheth him of the contention betwixt Const. 6. the sea of Rome and Constantinople, he exhorteth him to lay aside all strife, fervency, and malice, and to agree in the truth with other, adding this reason: For God loveth the truth, and as Chrysostom saith: He that willbe the chiefest amongst all, he must be minister unto all, (by which reason made by the Emperor, it may seem, that the pride of those two seats, striving for superiority and supremacy, was a great nourishment of the Schism, which was chief in outward show only for doctrine.) He protesteth that he will show himself indifferent, without partiality to any part or faction, only seeking, as God hath appointed him, to keep the Faith that he had received wholly and without blot. He exhorteth and commandeth the Bishop of Rome, not to be an hindrance, but The Bishop of Rome. at the emperors commandment in Eccl. matters. to further this Council with sending such as are fit for such purpose. The Bishop of Rome obeyeth the emperors commandment. And the like letters the Emperor sendeth to George Bishop of Constantinople, and others. The Emperor sat in the council himself, as Precedent and moderator of all that action: having Act. 1. on his right hand a great company of his Nobles, and of his Bishops on his left hand. And when the holy gospels was brought forth, and laid before them, as the judges, whose sentence they ought to follow, as it was also wont to be done in the forenamed Councils: The deputies for the Bishop of Rome standeth up, and speaketh unto the Emperor in most humble wise, calling him most benign Lord, affirming, the Apostolic seat of Rome to be subject unto him, as the servant unto the Master: and beseeching him, that he will command those that took part with the Bishop of Constantinople, which had in times passed brought in new kinds of speech: and erroneous opinions, to show from whence they received, their new devised Heresies. The Emperor commandeth Macarius' archbishop of Antioch, and his side to answer for themselves. And after diverse requests made by him to the Emperor, and granted by the Emperor unto him, the Emperor commandeth the Synod to stay for that time. In the next session after the self same order observed, as in the first, Paulus the emperors Secretary Act. 2. began to put the Council in remembrance of the former days proceeding. The Emperor commandeth the Acts of the Chalcedon Council to be brought forth and red. At length when a manifest place was alleged out of Leo the Pope, the Emperor himself disputed with Macarius on the understanding thereof. The Secretary having offered the books of Act. 3. the fift Council, the Emperor commandeth the Notary to read them. The Notary began to read, and within a while the Pope's Legates rising up, cried out this Book of the fift Synod is falsified, and there alleged a reason thereof: wherewith the Emperor and the judges being moved, began to look more narrowly to the book, and espying at the last, that three quaternions was thrust into the beginning, the Emperor commanded it should not be red. Note here, that the Pope's Legates were but the plaintiff parties in this Council, and not the judges thereof, the which more plainly followeth: either parties striving upon a like corrupt place. The Emperor commanded the Synod and the judges (which were Lay men) to peruse the Synodical books, and to determine the matter, which they did. George the archbishop of Constantinople most humbly beseecheth the Emperor that he will cause the letters which Agatho the Pope, and his Synodo sent unto the Emperor to be red ones again: the Emperor granteth his request. In the next session the order and form observed as Act. 4. in the first, the Emperor commanded first of all Pope Agatho his letters to be red: in the which letters is manifestly confessed by the Pope himself: so well the emperors supreme government in Ecclesiastical causes, as the Pope's obedience and subjection unto him in the same. For in the beginning, he declareth what pleasure and comfort he conceived of this, that the Emperor sought so carefully, that the sincere Faith of Christ should prevail in all Churches: that he used such mildness and clemency, therein following the example of Christ, in admonishing him and his to give an account of their Faith, which they preached: that being emboldened with these comfortable letters of the Emperor, he performed his ready obedience in accomplishing the emperors praeceptes effectually. That he made inquisition for satisfying of his obedience (to the Emperor) for apt men to be sent to the council: the which thing, saith the Pope to the Emperor, the studious obedience of our service, would have performed sooner, had it not been letted, by the great circuit of the Province, & long distances of place. He protesteth that he sendeth his Legates according to that emperors commandment, not of any sinister meaning, but for the obedience sake (to the Emperor) which (saith he) we own of duty. He maketh a confession of his faith, concerning the controversy, adding the testimonies of many ancient fathers. And he doth protest, that he with his Synod of the Western Bishops, believeth that God reserved the Emperor to this time for this purpose. That he (the Emperor) occupying the place and zeal of our Lord jesus Christ, himself here in earth, should The prince is Christ's Vicar in earth, in causes Ecclesiastical by the Pope's confession. Act. 5. give just judgement or sentence, on the behalf of the evangelical and Apostolical truth. In the next session, the Emperor sitteth as Precedent, and Moderator, accompanied with many of his nobles, sitting about him. On his right hand sat Georgius the archbishop of Constantinople, called new Rome, and those the were with him: on the other side, upon the emperors left hand, sat the Legates of the archbishop Agatho of old Rome, these two as agent parties. When they were thus set, the emperors Secretary brought forth the gospels, putteth the Emperor in mind, what was done the session before, and desireth his majesty to cause Macarius & his party, to bring out likewise their testimonies, as the Legates from Agatho of old Rome had done, for their party. The Emperor commandeth, Macarius' obeith, and desireth that his books may be red: the Emperor commandeth they should so be. After the showing of the allegations on both sides, the Legates of old Rome, desire the Emperor that they Act. 7. may know, if the adversaries agree on the tenor of their two foresaid suggestions. The adversaries beseech the Emperor, that they might have the copies of them: the Emperor commandeth, that without delay their request should be fulfilled. The books were brought forth and sealed with the seals of the judges, & either of the parties. This again proveth that the Pope's Legates were none of the judges, but one of the parties. And so in the eight, ninth, and tenth action, the same order of doing is observed in like sort, as before, in such wise that no one in the Synod, neither the whole Synod, doth any thing without licence, and the direction of the Emperor, the precedent and chief ruler in all those causes. In the end of the eleventh Action. The Emperor Act. 11. assigneth certain of his noble counsellors, to be the directors in the Synod, for that he was to be occupied in other weighty affairs of the common weal. Hitherto we see how the Emperor in his own person with his lay Princes also, was the supreme governor, was the Precedent, overseer, commander, ratifier, and director, of all things done in the council. The Pope's Legates and all the whole council, humbly yielding all these things unto him alone. The residue of the acts, or any thing therein done, was likewise his deed, by his deputies, although he himself in person, was not present. The Act. 12. Bishops and Clergy, which were of the Province of Antioch, when Macarius was deposed by the judgement of the Synod, do make supplication unto the judges, the emperors deputies & counsellors, that they willbe means unto the Emperor to appoint them an other Archbishop in the place of Macarius now deposed. The judges make them answer, that it was the emperors pleasure, that they should determine amongst Act. 13. themselves, whom they would have, and bring their decree unto the Emperor. At the last the whole Synod do offer their definition subscribed with their hands to the Emperor, beseeching him to examen and confirm the same. The Emperor within a while saith: we have red this definition, & give our consent thereunto. The Emperor asked of the whole Synod, if this definition be concluded by uniform consent of all the Bishops, the Synod answered: We all believe so, we be all of this mind, God send the Emperor many years: Thou hast made all heretics to fly, by thy means all Churches are in peace, accursed be all Heretics. In the which curse, the whole Synod curseth Honorius Pope of Rome with the great curse, whom the Synod nameth in. 17. action, one of the chiefest of these Heretics, who are herecursed. The Emperor protesteth that his zeal to conserve the christian faith undefiled, was the only cause of calling this Synod. He showeth what was their parts therein, to wit, to weigh considerately God's holy Scriptures, to put a way all novelty of speech or assertion, added to the Wherein consists the office of bishops. pure Christian faith, in these latter days by some of wicked opinion, and to deliver unto the Church this faith most pure and clean. They make a commendatory oration unto the Emperor with much joyfulness declaring, that this his fact about this Synod in procuring to his subjects true Godliness, and to all the Church a The princes most acceptable service to god. quiet state, was the most comely thing, the most acceptable service, the most liberal oblation or sacrifice, that any Emperor might or could make unto God. And declaring the humble obedience to his precept or summons of the Bishop of Rome, who sent his Legates, being sick himself, and of themselves being present in their own persons, they do most humbly beseech him to set his seal unto their doings, to ratify the same with the Imperial writ, and to make edicts and constitutions wherewith to confirm the acts of this council, that all controversy in time to come, may be utterly taken away. All which the Emperor granted unto them, adding his curse, as they had do●n before, so well against all the other Heretics, as also against Honorius late Pope of Rome, a companion, fautour, and confirmer, (saith he) of the others heresies in all points. After this, the Emperor directeth his letters to the Synod at Rome of the Western Bishops, wherein he commendeth their diligence about the confuting of the heresies. He describeth the miserable estate the Church was in, by means of the Heresies: for, saith he, the inventors of Heresies are made the chief Bishops, they preached unto the people contention in stead of peace, they sowed in the Church furrows, cockle for wheat, & all Church matters were troubled, and clean out of order. And because these things were thus disordered, and impiety consumed Godliness, we set forward thither, whereunto, it becomed us to direct our going (meaning to seek by all means the redress of these disorders in Church matters) we labour with earnestness for the pure faith, we attend upon Godliness, and we have our special care about the Ecclesiastical state. In consideration whereof, we called the bishops out of far distant places to this Synod, to set a Godly peace and quietness in the Church matters. etc. To this epistle of the Emperor, Leo the second Bishop of Rome, maketh answer (for Agatho was dead) by letters, whereof this is the effect. I give thanks unto the king of kings, who hath bestowed on you an earthly kingdom, in such wise, that he hath given you therewith a mind to seek much more after heavenly things. Your piety is the fruit of mercy, but your authority is the keeper of discipline: by that the Prince's mind is joined to God: But by this the subjects receive reformation of disorders. kings ought to have so much care to reform and correct naughtiness amongst their subjects, as to triumph over their enemies: for in so doing they make their authority subject to serve him, by whose gift and protection they reign. Wherefore seeing that the holy mother the Church, which is the Body of Christ, enjoyeth by means of you her sincere and principal child, an invincible soundness. Therefore it is written of you, most merciful Prince, and of that same holy Church dispersed through out all the world, Kings shallbe thy nursing fathers, and in like sort it is written, the Esa. 49. Psalm. 98. honour of the King loveth judgement: in that you set much more by heavenly than by earthly things, and do prefer without comparison the right faith, before all worldly cares: what other do you herein, than make right judgement bond and serviceable to God's honour and religion, and to offer unto his divine Majesty, an oblation and burnt Sacrifice, of sweet savour upon the altar of your heart? God inspire, increase and replenish your princely heart, with the light of the Catholic doctrine, whereby the clouds of the heretical pravity, may be driven away. I received most joyfully the Synodical acts, with your letters of highest authority, by the legates your humble servants, which were sent unto the Council, from my praedecessour Agatho, at your commandment. Wherefore with thanks giving I cry unto the Lord: O Lord save our most Christian King, and hear him in the day he calleth upon thee: By whose godly travail the Apostolic godly doctrine or Religion, shineth through the world, and the horrible darkness of heretical malice is vanished away. For through your travail, God assisting the same, that mischief which the wicked craft of the Devil had brought in, is overthrown: the benefit of the christian Faith, that Christ gave to the salvation of man, hath won the over hand. The holy and great general Council, which of late hath been congregate at Constantinople by your order and precept: wherein for the Service and Ministry sake that ye own to God, you had the chief rule and government, hath in all points followed the doctrine of the Apostles, and approved Fathers. I do detest therefore and curse all Heretics, yea Honorius The Pope accursed for Heresy by the sentence of the Emperor, the Synod, and the Bishop of Rome. also late Bishop of this sea, who laboured profanely to betray and subvert the immaculate faith. O holy Church, the mother of the faithful, arise, put of thy mourning weed, and cloth thyself with joyful apparel, behold thy Son the most constant Constantine, of all Princes thy defender, thy helper (be not afraid) hath girded himself with the sword of God's word, wherewith he divideth the miscreants from the Faithful: hath armed himself in the coat armour of Faith, and for his helmet the hope of Salvation. This new David and Constantine, hath vanquished the great Goliath thy boasting enemy, the very Prince and chieftain of all mischief and errors the Devil: and by his careful travail the right faith hath recovered her brightness, and shineth through the whole world. Bamba King of Spain commanded a Synod to be had at Toletum in the fourth year of his reign: the occasion Tol. 11, was this. There had been no Synod by the space of. 18. years before, as it is said in the preface to this Council, by means whereof the word of God was despised, the Church discipline neglected, all Godly order distourbed, and the Church toast and tumbled, as a ship without a rower and stern, (meaning a King to call them together in Synod). By the careful zeal of this King, being called together, they consult how to reform errors about Faith, corruption of discipline, and other disorders against godliness and Religion. And at the end they do give great thanks unto the noble and virtuous King, by whose ordinance and careful endeavour, they were commanded to this consultation: who as they affirm of him, coming as a new repairer of the Ecclesiastical discipline in these times, not only intended to restore the orders of the Councils before this time omitted, but also hath decreed and appointed, yearly Synods to be kep'st hereafter. Eringius king of Spain commandeth the bishops Tol. 12. and other of his Clergy, to assemble together at Toletum in one Synod the first year of his reign. And called an Tol. 13. other to the same place, the fourth year of his reign: to consult about reformation of the Church discipline. When the Bishops, and the residue of the Clergy were assembled in their convocation, at the commandment of the king: he himself with many of his nobility and counsellors, cometh in to them: he declareth the cause wherefore he summoned this Synod: he showeth the miseries the whole country hath sustained, and the plagues: he declareth the cause, to be God's wrath kindled by means of the contempt of God's word and commandment: And be exhorteth them that they will with Godly zeal, study to purge the land from pravity, by preaching, and exercise of godly discipline, and that zealeouflye. He doth exhort his nobles, that were there present, that they also would care diligently for the furtherance hereof: he delivereth unto the Synod a book, containing the principal matter whereof they should consult. And last of all, he promiseth by his hand subscription, that he will confirm and ratify what the clergy and nobility shall conclude, touching these articles, for the furtherance of godliness & Church Discipline. Egita, King of Spain, caused in his time also three Councils to be had and celebrated at Toletum, for the preservation of Religion, with the Church Discipline in sincerity and purity: who also confirmed and ratisied the same with his Royal assent and authority. Although about this time the Popes devised horrible practices, whereby to win themselves from under the oversight and controlment of the Emperor or any other and to have the only and supreme authority in themselves over all, as they had already obtained to their church the Supreme title, to be head of other Churches: yet the Emperors had not altogether surrendered from themselves to the Popes, their authority and jurisdictions in Church matters. For when the Church was grievously vexed with the controversy about Images, there were divers great Synods or Councils called, for the deciding of that troublesome matter by the Emperors: and at the last, that which is called the seventh general or ecumenical council was called and summoned to be holden at Nice in Bythinia, by Constantine and Irene the Empress his Mother, who was the supreme worker and governor (although but an ignorant and very superstitious woman, I will say no worse) in this matter. For her Son was but about ten years old, as Zonoras' affirmeth, and she had the whole rule, although Zonoras' Tom. 3. he bore the name. After the death of Paul, the Emperor appointeth Tarasius the Secretary to be patriarch at Constantinople, the people liked well thereof. But Tarasius the emperors Secretary refused the office, and would not take it upon him, till the Emperor had promised to call a general Council, to quiet the brawls in the Church about Images. The Emperor writeth to the patriarch of old Rome, and to the other patriarchs, willing them to send their Legates, unto a Council to be holden at Nice in Bythinia. The Bishops assemble at Nice by the commandment and decree of the Emperor, as they confess in diverse places of this Council. When the Bishops were set in Council, and many Say persons of the nobility with them: & the holy gospels were brought forth, as the manner was (although the holy gospels were not made judges in this council, as they ought to have been, and were in all the forenamed general counsels) Tarasius commendeth the vigilant care and fervent zeal of the Emperors, about Church matters: for ordering and pacifying whereof, they have called saith he, this council. The Emperor sendeth unto the Synod, certain counsellors with the emperors letters patents, to this effect. Constantinus and Irene, to the Bishops assembled in the second Nicene Synod, by God's grace our favour and the commandment of our Imperial outhoritie. He showeth that it appertaineth to the imperial office, io maintain the peace, concord, and unity, of the whole Roman Empire, but especially to preserve the estate of God's holy Churches, with all possible care and council. For this cause, he hath with pain gathered this council together: giveth licence also and liberty to every man without all fear, to utter his mind and iudgemont frankly: to the end the truth may the better appear. He showeth the order he observed, in making Tarasius Bishop: He prescribeth unto the Bishops what is their office, and what they should do: propounding unto them the holy gospels, as the right & only true rule they should follow. After this he mentioneth letters brought from the Bishop of Rome by his Legates, the which he commandeth to be openly red in the council: and so appointeth also other things that they should read. There was nothing attempted or done in this council, without the authority of the Emperors, as in all the former general counsels. And so at the end, the whole council put up a supplication to the Emperor, for the ratifying of all their doings. The which when the Emperor had heard openly recited and red unto them, they forthwith allowed, signed and sealed. Gregorius. 3. sent into France for succour to Charles martel, yielding & surrendering up unto him, that which the Pope had so long sought, by all subtle and mischievous means, to spoil the Emperor & the Princes of. This same Gregory the third (saith Martinus Poenitentiarius,) When Rome was besieged by the king of Lombardy, sent by Ship unto Charles martel, Pippin's father, the keys of saint Peter's confession, beseeching him to deliver the Church of Rome from the lombards. By the keys of S. Peter's confession, he meaneth all the pre-eminence, dignity, and jurisdiction, that the Pope's claim to themselves (more and besides that, which all other Church ministers have) over and above all manner persons Ecclesiastical, or Temporal, as given of Christ only to S. Peter, for his confession, and so from him to the Popes of Rome by lineal succession. Seeing that this Pope, who was passingly well learned, both in divine and profane learning, and no less godly, stout, and constant (if you will believe Platina) yieldeth and committeth all this jurisdiction, and claim that he hath, over all persons Ecclesiastical and Temporal, so well in things or causes Ecclesiastical as Temporal, unto Charles Martel a Lay Prince, & great master of France: it appeareth that Princes may Lawfully have the rule, government, and charge, in Church matters. The heirs and successors of this Charles martel, did keep these keys from rusting. They exercised the same jurisdiction & government in Ecclesiastical causes, that the Emperors and kings had done, from the time of Constantine the great, until their time, which was almost. 400. years. For Carolomanus son to king Pepin, and nephew to Charles martel, no less Princelike than Christianly, exercised this his Supreme authority in Ecclesiastical causes, and made notable reformation of the Ecclesiastical state. He summoned a council of his Clergy, both Bishops and Priests. 742. year from the incarnation Synod. Francica. of Christ: wherein also he himself sat with many of his nobles and counsellors. He showeth the cause why he called this Synod. That they should give advise (saith he) how the Law of God and the Church religion (meaning the order and discipline) may be restored again, which in the time of my praedecessours, being broken in sunder, fell clean away. Also by what means the Christian people may attain to the salvation of their souls, and peris he not, being deceived by false priests. He declareth what ordinances and decrees were made by his authority in that Synod. We did ordain bishops through the Cities (saith he) by the council of the Priests, and my nobles, and did constitute Bonifacius to be the Archebissop over them. We have also decreed a Synod to be called together every year, that the decrees of the Canons, and the Laws of the Church, may be repaired in our presence, and the Christian Religion amended. etc. That the money whereof the Churches have been defrauded, be restored. We have degraded the false Priests, Deacons, and Clerks, being Nauclerus. adulterers, and fornicators, and have driven them to penance. We have utterly forbidden, all manner hunting and hawking to the Clergy. We decree also, that every priest dwelling in the diocese, be subject unto his own bishop, & that always in Lent, he make an account & show to the bishop the manner & order of his ministry, touching baptism, the catholic faith, prayers & the order of Masses. And whensoever the Bishop shall go his circuit to confirm the people, the priest shalve ready to receive him with a collection & help of the people. That the priest seek for new chrism always on Maundy thursday at the Bishop's hand, that the Bishop may be a witness of his chaste life, of his faith and doctrine. We decree further, that no unknown Bishop or Priest, be admitted into the church ministry, before he be allowed by the Synod. He maketh many such like, for the reformation of the Clergy, in what sort they shallbe punished, if they commit whoredom, & likewise against sorcery witchcraft, divinations, incantations, & all kind of profane superstitions. If there were no more examples of any church history, but this of Caroloman, it would suffice to make plain that to the Prince's authority appertaineth, to make Laws, and to the Clergy to give him counsel out of God's word, how to frame the discipline, to the edifying of God's Church. About this time was one Bonifacius not Pope, but as they call him the great Apostle of the Germans, the like for all the world to our Apostle here in England, Augustinus Anglorum Apostolus: Either of them might be called, the Pope's Apostles, whose great champions they were. And even such Ecclesiastical matters as our Apostle treateth of, hath this Apostle in his Epistles to the Pope, as this. He asketh his holiness when fat bacon should be eaten: The Pope answereth, when it is well smoke dried or resty, and then sodden. Likewise he asketh whether we shall eat Daws, Crows, Hares, and wild Horses: The Pope biddeth him to beware of them in any wise. Also he asketh him how, if Horses have the falling sickness, what we shall do to them: The Pope answereth, hurl them into a ditch. He asketh what we shall do with Beasts bitten with a mad dog, the Pope biddeth him keep them close, or hurl them into a pit. He asketh if one Nun may was he an others feet, as men may: the Pope answereth, yea, on God's name. Also he asketh, how many Crosses, and where abouts in his body; a man should make them. These and a great many such like, are the Popes and his Apostles, Ecclesiastical matters. But leaving these trifles, note that in those Ecclesiastical matt●●s, which he did to any purpose the lay Princes had the intermeddling, as appeareth by the Pope Zacharias Epistle to this Boniface. It is no marvel though this king Charloman, as also Charles the great, and other noble Princes, after their time established by their authority in Synods many superstitions, and idolatrous observances, as of Masses, Chrysmes, and such like abuses, being moved with the zeal, that all Princes ought to have, But wanting the pure knowledge that good and faithful Bishops should have instructed them withal: seeing such blind buzzards as this Boniface had the teaching of them, who like blind guides, led them in the bottomless pit of all superstitions and false Religion. Adrianus the first, Pope, being much vexed through his own furious pride, by Desiderius king of Lombardy, sendeth to Carolus Magnus, and requireth him of his aid against the lombards, promising to make him therefore Emperor of Rome: Charles cometh, vanquisheth Desiderius, and so passeth into Rome, whom the Pope received with great honour, giving to him in part of recompense, the title of most Christian king, and further to augment his benevolence towards Charles, desired him to send for his Bishops into France, to celebrate a Synod at Rome: wherein were gathered together of Bishops, abbots, and other Prelates, about. 154. In which council also Carolus himself was present as saith Martinus. Gratianus maketh report hereof out of the Church history on this wise. Charles after he had vanquished Desiderius, Dist. 63. came to Rome, and appointed a Synod to be holden there with Adrian the Pope. Adrian with the whole Synod, delivered unto Charles, the right and power to elect the Pope, and to dispose the Apostolic sea. They granted also unto him, the dignity of the ancient blood of Rome. whereby he was made a Patrician, & so capable of the imperial dignity. Furthermore he decreed that the archbishops and Bishops in every province should receive their investiture of him: so that none should be consecrate, unless he were commended and investured Bishop of the King. Whoso ever would do contrary to this decree, should be accursed, and except he repented, his goods also should be confiscate. Platina addeth, Charles, and the Pope, the Romans and the French, swear the one to the other, to keep a perpetual amity, and that those should be enemies to them both, that annoyed the one. Not long after, Charles, perceiving the Churches to be much molested and drawn into parts, with the Heresy of Foelix, calleth a council of all the Bishops under his dominions in Italy, France, and Germany, to consult and conclude a truth, and to bring the Churches to an unity therein, as he himself affirmeth in his Epistle written to Elepandus Bishop of Tolet, and the other Bishops of Spain: We have commanded (saith Charles) a synodal council to be had of devout Fathers from all the Churches throughout our signiouryes, to the end that with one accord it might be decreed, what is to be believed touching the opinion we know that you have brought in with new assertions, such as the holy Catholic Church in old time never heard of. Sabellicus also maketh mention of this Synod which was convocated to Frankeforth: ad Caroli aedictum: at the commandment of Charles. Carolus Magnus, calleth by his commandment the Bishops of France to a Synod at Arelatum, appointeth the archbishops of Arelatum and Narbon. to be chief there. They declare to the Synod assembled, that Carolus Magnus of fervent zeal and love towards Christ, doth vigilantly care to establish good orders in God's Church: and therefore exhort them in his name, that they diligently instruct the people with godly doctrine, and examples of life. When this Synod had consulted and agreed of such matters as they thought fit for that time, They decree that their doings should be presented unto Carolus Magnus, beseeching him, that where any defects are in their decrees, that he supply the same by his wisdom. If any thing be otherwise than well, that he will amend it by his judgement. And that which is well, that he will ratify, aid and assist by his authority. By his commandment also was an other Synod celebrated at Cabellinum, whereunto he called many Bishops & abbots: who as they confess in the Preface, did consult & collect many matters, thought fit and necessary for that time: the which they agreed nevertheless to present unto Charles to be examined, & by his judgement to be allowed, & confirmed, amended or disallowed. As this council referreth all the Ecclesiastical matters to the judgement, correction, disallowing or confirming, of the Prince: so amongst other matters, this is to be noted, that it prohibiteth the covetousness, and cautels wherewith the Clergy enriched themselves, persuading the simple people to give their lands, and goods to the Church for their soul's health. Can. 6. The Fathers in this Synod complain, that the ancient Can. 25. Church order of excommunication, doing penance, & reconciliation is quite out of use: Therefore they agree to crave the Princes order, after what sort, he that doth commit a public offence, may be punished by public penance. This council also enueigheth against, & condemneth gadding on pilgrimage in Church ministers, Say men, Can. 45. great men, & beggars: all which abuses (saith the Synod) after what sort they may be amended, the Prince's mind must be known. The same Charles calleth an other council at Moguntia. In the beginning of their preface to the council, they salute Charles: the most Christian Emperor, the author of true Religion, and maintainer of God's holy Church, etc. Showing unto him that they his most humble servants are come thither, according to his commandment: that they give God thanks: Quia sanctae Ecclesia suae pium ac devotum in seruitio suo concessit habere rectorem. Because he hath given The Prince is the governor of the Church appointed of God in Ecclesiastical causes. unto his holy Church a governor godly, and devout in his service: who in his times opening the fountain of godly wisdom, doth continually feed Christ's sheep, with holy food, and instructeth them with divine knowledge, far passing through his holy wisdom in most devout endeavour the other kings of the earth. etc. And after they have appointed in what order, they divide the states in the council: the Bishops & secular Priests by themselves, the abbots & religious by themselves, & the Lay nobility, & justices by themselves, assigning due honour to every person: it followeth in their petition to the Prince, They desire his assistance, aid and confirmation, of such Articles as they have agreed upon, so that he judge them worthy: beseeching him, to cause that to be amended which is found worthy of amendment. In like sort did the Synod congregated at Rheims by Charles, more priscorum Imperatorun, as the ancient Emperors were wont to do, & divers other, which he in his time called. I would have you to note, beside the authority of this noble Prince Charles the great in these Church matters (which was none other, but the self same, the other Princes from Constantine the great had & used) that the holy council of Moguntia doth acknowledge & confess, in plain speech, him to be the ruler of the Church (in these Ecclesiastical causes) & further that in all these councils, next to the confession of their faith to God, without making any mention of the Pope, they pray, & command prayer to be made for the Prince. Pope Leo. 3. as the French Chronicles, & Nauclerus witnesseth, sent forth with after he was made Pope Peter's keys, the Banner of the City, and many other gifts unto Charles: requiring him, that he would cause the people of Rome to become subject unto the Pope, & that by Oath. Charles minding to gratify and pleasure Pope Leo (there was a cause wherefore) sent an Abbot on this business, & assured the people of Rome to the Pope by oath. This Leo (his straight dealings with the Romans was so hateful unto them) was brought shortly into much danger of his life, but far more of his honesty. Certain of Rome came to Charles to accuse this Pope: Charles putteth of sabel. the examination of the matter till an other time, promising that he would within a while come to Rome himself: which he did, after he had finished his wars. He was honourably received of the Pope. The eight day after his coming into Rome, he commanded all the people, sabel. and the Clergy to be called together into S. Peter's church: appointing to here and examine the Pope, touching that he was accused of, in the open assembly. When the Clergy and the people, were assembled, the King examineth them of the Pope's life and conversation: and Platina. the whole company being willed to say their minds: answer, that the manner hath been, that the Popes sabel. should be judged of no man, but of themselves. Charles being moved with so sore & grievous an answer, gave over further examination. Leo the Pope (saith Piatina) who did earnestly desire that kind of judgement (to give sentence he meaneth in his own cause) went up into the pulpit, and holding the gospels in his hands, affirmed by his Oath, that he was guilts of all those matters wherewith he was charged. Whereunto Sabellicus addeth, the Popes own testimony of himself, was so weighty, as if it had been given on him by other: so much availeth a man's own good report made of himself in due season, for want of good neighbours. This matter, if it were as the Pope's flatterers writ, thus subtilely compassed: although Martinus saith flatly, that he was driven to purge himself of certain crimes laid to his charged: yet not withstanding, the king took upon him, both to examine the matter, & to determine therein: and, as appeareth, took their answer no less insufficient, than grievous: although he winked at it: because he looked for a greater pleasure to be showed him again in consecrating him Emperor, promised long before: which this Pope performed, and solemnly with great acclamations of the people, crowned him Emperor of Rome: For saith Platina: The Pope did this to show some thankfulness again to him, who had well deserved of the Church. Ansegisus Abbas gathereth together the decrees, that this Charles and his son Lodovicus had made in their times for the reformation of the Church causes: Amongst other these: The Canonical Scriptures only to be red in the Churches: For the office of Bishops in diligent preaching, and that only out of the holy Scriptures: that the communion should be received three times in the year: The abrogating and taking away a great number of holy days besides sundays: and that children before ripe years, should not be thrust into religious houses: And that no man should be professed a Monk, except licence were first asked and obtained of the King. He decreed also, and straightly commanded. that Monks being Priests, should study diligently, should write rightly, should teach children in their abbeys, and in bishops houses. That Priests should eschew covetousness, joan. Aventinus. gluttony, ale houses or taverns, secular or profane business, familiarity of women under pain of deprivation or degradation. He provided to have, and placed fit pastors for the bishoprics and cures to feed the people. He ordained learned Schoolmasters for the youth, and made devout abbots to rule those that were enclosed in Cloisters, saith Nauclerus. As it is said of king David, that he set in order 1. Paral. 16. the Priests, Levites, singers & porters, & ordered all the offices & officers required to be in the house of the Lord, for the setting forth of his service and Religion: Even so this noble Charles left no officer belonging to God's Church, no not so much as the singer, porter or Sexton, unapointed & taught his office & duty, as Nauclerus telleth. Besides the authority of this noble Prince in governing & directing all Church matters, his zeal & care therefore (in such sort as the knowledge of that superstitious time would suffer) is plainly showed in an Injunction, that he gave to all estates both of the Laity & Clergy to this effect. I Charles, by the grace of God, King and governor of the Kingdom of France, a devout and humble maintainour, and aider of the Church: To all estates both of the Laity and the Clergy, wish salvation in Christ. Considering the exceeding goodness of God towards us, and our people, I think it very necessary we render thanks unto him, not only in heart and word, but also in continual exercise and practise of well doing, to his glory: to the end that he, who hath hitherto bestowed so great honour upon this kingdom, may vouchesaulfe to preserve us and our people with his protection. Wherefore it hath seemed good for us, to move you, o ye pastors of Christ's Churches, leaders of his flock, and the bright lights of the world: that ye will travail, with vigilant care and diligent admonition to guide God's people through the pastures of eternal life, etc. bringing the stray sheep into the fold lest the wolf devour them, etc. Therefore they are with earnest zeal to be admonished and exhorted, yea to be compelled to keep themselves in a sure faith, and reasonable continuance, within and under the rules of the Fathers. In the which work and travail know ye right well, that our industry shall work with you: For which cause also we have addressed our messengers unto you, who with you by our authority, shall amend and correct those things that are to be amended. And therefore also have we added such Canonical constitutions, as seemed to us most necessary. Let no man judge this to be presumption in us, that we take upon us to amend, that is amiss, to cut of that is superfluous. For we read in the books of Kings, how the holy King josias: travailed, going the circuytes of his kingdom or visiting, correcting and admonishing his people, to reduce the whole kingdom unto the true Religion and Service of God. I speak not this as to make myself equal to him in holiness: but for that we ought always to follow the examples of the holy kings: and so much as we can, we are bound of necessity, to bring the people to follow virtuous life to the praise and glory of our Lord jesus Christ, etc. And anon after amongst the rules that he prescribeth unto them, this followeth: First of all, that all the bishops and Priests, read diligently the Catholic Faith, and preach the same to all the people, For this is the first precept of God the Lord in his Law: Hear o Israel, etc. It belongeth to your offices o ye pastors and guides of God's Churches, to send forth through your Dioceses, Priests to preach unto the people, and to see that they preach rightly and honestly. That ye do not suffer new things, not canonical, of their own mind forged, and not after the holy Scriptures, to be preached unto the people. Yea, you your own selves preach profitable, honest and true things, which do lead unto eternal life. And instruct you others also that they do the same. first of all every preacher must preach in general, that they believe the Father, the Son, and the holy Ghost to be an omnipotent God. etc. And so learnedly proceedeth through all the articles of our Faith, after which he cometh to the conversation of life, etc. And we do therefore more diligently enjoin unto you this thing, because we know, that in the latter days shall come false teachers, as the Lord himself hath forewarned, and the Apostle Paul to Timothe doth witness. Therefore beloved let us furnish ourselves in heart and mind, with the knowledge of the truth, that we may be able to withstand the adversaries to truth, and that through God's grace, God's word may increase, pass through and be multiplied, to the profit of God's holy Church, the Salvation of our souls, and the glory of the name of our Lord jesus Christ. Peace to the preachers, grace to the obedient hearers, and glory to our Lord jesus Christ. Amen. This noble Prince was moved to take upon him this government in Ecclesiastical matters & causes, not of presumption, but by the word of God, for the discharged of his princely duty, as he had learned the same both in the examples of godly kings commended therefore of the holy ghost, & also by the instructions of the best learned teachers of his time, whereof he had great store, & especially Alcuinus an Englisheman of great learning, who was his chief Schoolmaster and teacher: whom, as Martinus telleth, Charles made Abbot of Towers. Amongst other many & notable volumes, this Alcuinus writeth one, entitled De Fide Sanctae & in dividuae Trinitatis, which as most meet for him to know, he dedicateth to Charles the Emperor. He beginneth his epistle dedicatory, after the salutation & superscription, thus: seeing that the Imperial dignity ordained Alcuinus. of God, seemeth to be exalted for none other thing, then to govern and profit the people, Therefore God doth give unto them that are chosen to that dignity power and wisdom: Power to suppress the proud, and to defend the humble against the evil disposed: wisdom to govern and teach the subjects with a godly carefulness. With these two gifts O holy Emperor, God's favour hath honoured and exalted you incomparably above your ancestors of the same name and authority, etc. What than? what must your carefulness most devoutly dedicated to God bring forth in the time of peace the wars being finished, when as the people hasteneth to assemble together, at the proclamation of your commandment (he meaneth that he expresseth afterward, by this assembly or concourse, the council that was now in hand assembled, as he saith, Imperiali praecepto: by the emperors precept.) And waiteth attentively before the throne of your grace, what you will command to every person by your authority: what I say aught you to do? but to determine with all dignity just things, which being ratified, to set them forth by commandment, and to give holy admonitions, that every man may return home merry and glad, with the precept of eternal Salvation. etc. And lest I should seem not to help and further your preaching of the Faith, I have directed and dedicated this book unto you, thinking no gift so convenient and worthy to be presented unto you: seeing that all men know this most plainly, that the Prince of the people ought of necessity to know all things, and to preach those things that please God: neither belongeth it to any man to know better or m●e things, than to an Emperor, whose doctrine ought to profit all the subjects etc. All the faithful hath great cause to rejoice of your godliness seeing that you have the priestly power (as it is meet so to be) in the The prince hath a priestly power to set forth gods word preaching of the word of God, perfect knowledge in the Catholic faith, and a most holy devotion to the salvation of men. This doctrine of Alcuinus, which no doubt, was the doctrine of all the catholic and learned fathers in that time, confirmeth well the doings of Charles and other Princes, in calling councils, in making decrees, in giving Injunctions to Ecclesiastical persons, and in ruling and governing them in all Ecclesiastical things and causes. If the government of this most Christian Prince in Ecclesiastical matters be well considered, it shall well appear, that this Charles the great, whom the Popes do extol as an other great Constantine, & patron unto them, (as he was in deed, by enriching the Church with great revenues and riches) was no whit greater for his martial & Princelike affairs in the politic governance, than for his godly ordering & disposing the Church causes: although that in some things he is to be borne with, considering the blindness and superstition of the time. Although herein Lodovicus Charles his son, were somewhat inferior to his father: Yet not withstanding, he reserved these Ecclesiastical causes to himself, & with no less care he ordered the same, although in some things, being a very mild Prince, he winked and bore overmuch with the ambition of the Popes. Shortly after, when as the foresaid Leo was departed, was Stephen next elected Pope, and without the confirmation of the Emperor, took the Papacy upon him. All the histories agree, that he came shortly after into France to the Emperor, but wherefore, most of them leave uncertain. Platina thinketh to avoid the hurley burley in the City that was after the death of Leo. Sabellicus thinketh the emperors coronation to be the cause. Nauclerus saith, he went in his own person unto the Emperor Lodovic about, or for the Church matters, which proveth that the Emperor had chief authority in ordering the Church business. But our English Chronicles, as some writers affirm, do plainly declare, that his coming into France was, to make an excuse of his unlawful consecration, against the decrees made to Charles by his predecessors, Adrian and Leo, fearing therefore the fequele of the matter, he first sent his Legates before him to be a preparative to his purgation, and afterwards came himself to crave his pardon. And the rather to please Themperor, brought a most beautiful crown of gold for him, and an other for the Empress: whereof followed, as Nauclerus saith: Omnia quae petiit à pio Imperatore obtinuit, he obtained whatsoever he asked of the godly Emperor. Now when Stephen had dispatched all his matters, he returned home: and shortly after, an other Ecclesiastical cause happened, for within a while the Bishop of Reatina died, and there was an other chosen. And when the sea of Reatina (saith Nauclerus) was void, the Pope would not consecrate the elect Bishop unless he had first licence thereto of the Emperor. The circumstances of this story, make the matter more plain. The earl Guido, had written unto Pope Stephen to consecrate that Bishop, whom the Clergy and the people had elect: but the Pope durst not enterprise the matter, till he were certified of the emperors pleasure, & thereupon writeth again unto Ther●e, the tenor whereof followeth, after Gratianus report: I have red your letters, wherein you require me to consecrate the newly elect Bishop of Reatin, chosen by the consent Dist. 63. of the Clergy and people, lest the Church should be long destitute of a proper pastor? I am sorry for the death of the other: but I have defered the confecration of this, for that he brought not with him, the emperors licence (ut mos est) as the manner is. I have not satisfied your mind herein, lest that the Emperor should be displeased at my doing. Therefore I require you (for otherwise I ought not to meddle) to purchase the emperors licence directed unto me by his letters, ut prisca consuetudo dictat, as the ancient custom doth will, and then I will accomplis he your desire. I pray you take not this my doing in evil part. Whereof it is manifest enough (saith Nauclerus) that of the Emperors at that time, the Bishops had their investitures: although Anto. doth gloss otherwise, saying that perhaps, this elect bishop was belonging to the Court, who ought not to be ordered. Not only the texts of many decrees in this distinction, doth confirm this to be true, but also Gratian himself, and the glossars, do in many places affirm, that this Dist. 63. was the ancient custom, and constituion in the Church, that the elections of the Bishops of Rome, and of other Bishops also, should be presented to the Emperors and Princes, before they might be cosecrated. Immediately after the death of Stephen Paschalis. 1. was chosen Pope: He being encouraged, by all likelihood, by his predecessors like entrance, thinking to entreat the Emperor so easily as Stephen had done. And boldened with a late made Canon by Stephen, suffered himself to be installed, & consecrate without Themperours investuring, leave & authority: Nevertheless being better advised, (mistrusting his presumptuous & disobedient fact would displease Themperor, as it did in deed) he sent by & by his Legates to Themperor to excuse himself, & layeth all the fault on the people & Clergy. Themperor accepting this excuse for that time Platina, Sabel. warneth the people and Clergy of Rome, that they take good heed, that they do no more offend against his majesty, but that hereafter they do warily observe and keep the old orders and constitutions. He calleth this attempt plain treason. This Emperor called a council at Frankforth, he bestowed Naucleru●. Spiritual promotions, and instituted his brother Drogo, the chief minister or Bishop at Mettes. In the mean while dieth Pope Paschalis, next to whom followed Eugenius, but elected not without contention, and lived but a while: after whom succeeded Valentinus, who lived in the papacy but forty days. Next unto him was chosen Gregory the fourth, who was of so great modesty, saith Platina, that being elected Pope of the Clergy, and people of Rome, he would not take upon him the office, before he had his confirmation of the emperors Ambassadors, whom the Emperor had sent to Rome for that purpose, and to examen diligently that election. And Lodovicus the Emperor did this not of pride, but that he would not lose the privileges and rights of the Empire. Note all these things well, the Pope on the one part, when he was chosen without any contention, yet would he not be consecrate without the emperors confirmation: otherwise he thought it an unmodest part. The Emperor on the other side, not only sendeth his Ambassadors to confirm, but or ever they confirm him, to examine and diligently to discuss, after what sort he came in, and whether he were elected lawfully or no. And this he did, not of a pride (say they) much less of any usurpation, but because he would not lose or diminish the right herein, that belonged to the Imperial majesty. Here say they, he did it of purpose, because he would not lose his right, and not his only, but the right of the Empire. But lest it should seem he did tyrannously herein, and oppressed the Church, or infringed her liberties, it followeth, all most word for word in both these writers, Platina, and Nauclerus. For he was a mild, merciful, and most gentle Prince of nature, and one that did always maintain the right and dignity of the Church. Loo how great clemency this is counted in him, and the defence of the dignities and rights of the Church: the which afterwards, and now of the Popes, is counted the greatest tyranny and oppression of the Church that can be. But further to approve this deed of Lodovic, the foresaid authors recite many Canons, decrees, & constitutions, that this Emperor made in Ecclesiastical causes and things: and especially for the reformation of the disordered behaviours of the Bishops and Clergy. In so much that Platina comparing the dissoluteness of the Churchemen in his time, crieth out: Would God (O Lodovic) thou were alive in these our times, for now the Church wanteth thy most holy ordinances, and thy discipline. The self same Lodovicus (saith Platina) called a council of many bishops at Aquisgrane, to God's honour, and the profit of the Church dignity. The Prelates in the preface to this Synod, do declare, what was the care & authority of the Godly Emperor, in this Synod. They affirm that the most Christian Emperor, had called an holy and general congregation or Council at Aquisgrane: He began therein thoroughly to handle the matter, with wisdom void of curiosity: He counseled, yea warned the holy Synod assembled, what was needful to be done, touching certain chief ministees of the Churches: He warned them further, to draw out of the Holy Canons, and the sayings of the holy Fathers, a form of institution for the simple sonrte of Ministers, whereby they might more easily learn to walk in their duties without offence. The Synod giveth God thanks, that he had praeferred so holy, wise, and devout a Prince to have the charged, and oversight of his Church, and the Churches needful business or matters. The Synod, according to the kings advertisement, furthered also with his help otherwise, collecteth a form of Institution, wherein is contained at large, after what sort the Prelates ought to frame their lives, rule, or govern the people committed to their cures, etc. This done, they bring to the Prince their form of institution, which they had devised. This Emperor called an other Council at Ticinum in Italy for the causes hereafter expressed. The matters or causes which the honourable Emperor Lodovicus did command his Bishops to consider of, are these: touching the state of his kingdom: of the conversation of the Bishops, Priests, and other Churchmen: of the doctrine and preaching to the people: of writing out of Books: of restoring of Churches: of ordering the people, and hospitals for strangers: of Monasteries both for men and women. What so ever is out of order in these forenamed states, either through the negligence of the guides, or the slothfulness of the inferiors, I am (said he) very much desirous to know, and I covet to amend or reform them, according to God's will, and your holy advise, in such sort▪ that neither I be found reprovable in God's sight, neither you nor the people incur God's wrathful indignation for these things, how this may be searched, found out, and brought to perfection, that I committee to be entreated by you, and so to be declared unto me. The lesser matters also, which in general touch all, but in especial, some, and need reformation: I will that ye make inquiry of them, and make relation unto me thereof: as for example if the rulers in the countries neglect, or sell justice, if they be takers or oppressors of the Churches, widows, orphans, or of the poor. If they come to the sermons. If they do reverence and obey duly their Priests. If they presume to take in hand any new opinions or arguments that may hurt the people. etc. The Bishops after they had consulted upon these matters, do make relation unto the Emperor, what they had done: showing him, that they had found some of the Bishops and chief ministers faulty, and humbly pray the Emperor on their behalf, that he will of his goodness grant these, some space to amend their faults. They complain to the Emperor of Bishops & Priests, for lack of preaching, and that noble men & gentle men, come not unto those few sermons that be. And so then recite many other enormities, as about tithes, incest, and such like, especially in religious persons, who for the most part are clean out of order. And to bring these to their former order and state, resteth, (say they) in your disposition▪ Thus doth this King take upon him, and thus do the Bishops yield unto him the government, aswell of Ecclesiastical as Temporal causes and things. On this wise did Lodovicus always exercise himself: in so much that for his careful government in Church matters, he was surnamed Pius, the godly, as his father before him, was called Magnus, the great. Pope Leo. 4. writeth his humble letters unto Lotharius on the behalf of one Colonus, who was chosen to be Bishop of Reatina, but he might not consecrate him without the emperors licence first obtained thereunto, and therefore prayeth the Emperor of his favour towards Colonus: Vt vestra licentia accepta, ibidem, Deo adiuuante, eum consecrare Dist. 65. valeamus Episcopum: That having your licence, we may have authority by God's help to consecrate him Bishop there. Upon this word, Licence, The Glossar noteth, the consent of the Prince to be required after the election be made. next to Leo, saving the woman Pope johan, was Benedictus. 3. chosen, who was ratified and confirmed by the emperors authority: who sent his Ambassadors to Rome sabel. Platina. for that purpose. This Pope is commended for his great godliness: But he was over godly to live long in that sea: nevertheless he was not so godly as the most of his successors were all together ungodly, as your own writers make report. And to note this change the better: Nauclerus telleth of diverse wonders: how the Devil appeared in an ugly shape, and hurled stones at men as they went by: set men together by the ears: bewrayed thieves, and priests of their lemans, and such like: How it reigned blood three days, and three nights: How great grasshoppers with six wings, and six feet, and two teeth harder than any stone, covered the ground, and destroyed the fruits: not altogether unlike those grasshoppers, that S. john noteth in his Apoc. 9 Revelation, to come from the bottomless pit, after the star was fallen. After this followed a great pestilence: Which wonders, if they be true be not unworthy the noting, considering the change that followed. For hitherto still from time to time, although some Popes did privily attempt the contrary, yet the Emperors always kept the confirmation of the Pope, the investuring of Bishops, and the ordering of many other Ecclesiastical matters, till the next Pope began openly to repine at the matter, and his successor after him to Curse, and some of those that followed, fell from chiding and cursing, to plain fighting for the same. In the which combat, though with much ado, at length they wroonge themselves from under the emperors obedience: Yet always even hitherto, Princes have had no little interest in Ecclesiastical causes, as hereafter shall appear. After Benedictus, was Nicolas chosen, whom the Emperor himself being present, did confirm, as witnesseth Nauclerus: At the same time, was the Emperor Lodovicus. 2. at Rome, who confirmed the Pope's election. The same also saith Martin, to the which Volateran addeth of the Emperor & the Pope: De communi consilio ambo cuncta gerebant. All things were done by common counsel or consent of both, the Emperor and the Pope. And lest it might be thought he meaneth not as well Ecclesiastical as Temporal matters: Sabellicus maketh the matter more plain, affirming that the Emperor and the Pope had secret conference together many days, and had consultation both touching the matters pertaining to Christian Religion, and also of the state of Italy. And a little after talking of the Pope: The Pope decreed by the consent of Lodovicus, that from thence forth, no Prince, no not the Emperor himself, should be present in the council with the Clergy, unless it were when the principal points of faith were treated of. Hitherto in all these Ecclesiastical causes, the Emperor hath the doing, as well or more than the Pope. But this last decree, that by the allowance of the Emperor, the Pope made, exempteth Temporal Princes from Ecclesiastical matters in their councils, though in the most principal matters Ecclesiastical, concerning faith, it leaveth to them their interests. Martinus the second, got into the Papacy malis artibus, by naughty means saith Platina, and as is noted in the margin, it was in this Pope's time, that first of all the creation of the Popes was made without the emperors authority: But this Pope died so shortly, as he came in naughtily. After whom Adrian the third, like unto his predecessor, the second of that name (who by cunning sleight practised to defraud the Emperor of his authority) espying opportunity, by reason, that Charles the Emperor, as Sabellicus saith, was far of, busied in the wars, doth promote this matter to be decreed by the Senate and the people, and this he did immediately after he was made Bishop, and persuadeth them, that they do not hereafter wait for the emperors approbation, and confirmation, in appointing their Bishop, but that they should keep to themselves, their own freedom. The which thing also Nicolaus the first, with others attempted, but could not bring it to pass, as Platina reporteth. Who also writeth, that the Romans had conceived an hope of great liberty in the haughty courage of this Pope, being a Roman borne. But to their great grief, he within a while was taken from them. The next Pope Stephen had an obscure time, saving that Charles therein called a council at colen, and after him Arnulphus the Emperor, other two: the one at Moguntia, the other at Triburum. Of these Popes and those that followed, as Formosus, Stephanus, Romanus, Benedictus, Leo, Christophorus, Sergius, and a great company moa, the Historians give but an homely testimony, and Naeuclerus saith, that to satisfy their voluptuous lusts, they did maliciously malice one another, as most cruel Tyrants, and he added this reason. Cum non extarent qui eorum vitia coercerent, because there was none to correct and chasten them for their evil doings. For so long as the Princes exercised their authority in overseeing carefully the Church matters, and the ministers, so well the Popes, as other Bishops, there grew no such intolerable disorders, neither were there such monsters, (for so Nauclerus termeth these Popes) that continued any space: But were by the Prince's authority suppressed, and therefore Nauclerus citeth out of Platina, and affirmeth it to be true, that the cause of these monstrous Rebels in the Church was: Quod Resp. ignavos & desides principes habeat. Because the common wealth had improfitable and slothful Princes. Thus these writer's burdeine and charge the Princes with the disorders and enormities in Christ's Church, wherein they do them wrong, if they thought not, that it appertained to the Princely authority to oversee, care, and provide for the good order of Christ's Church: and to redress, punish, and remove the inordinate evils therein. Yea, Sabellicus so wondereth at these tragical examples of the Bishops of this time, and their horrible oblivion of Godly Religion, that he ascribeth the good and godly moderation that was in the Bishops, and the dutiful execution of their office, from Charles the great, till the end of the French Empire, which was an whole age: to be not so much of themselves, and their own good wills, as of them awe and fear they had of the Princes, kings, and Emperors, who were their guardians. And therefore concludeth, that it may be truly said, that this was the calamity of France, Italy, and of the Church of Rome: Quod in ea gente desitum esset imperari: because there was no king nor Emperor to bear rule, meaning that although there were kings and Emperors, yet did they not execute their Princely office and authority, in overseeing, correcting and reforming the Church matters, and her ministers, and therefore the state was miserable. In this confusion were all things, but especially in the Church of Rome, till God stirred up the wise and mighty Prince Otho the first, whose zeal, stoutness & travail in reforming Religion and the disordered Church, no tongue is able to express, saith Nauclerus. At this time was john. 13. Pope, a man replete & laden with all dishonesty and villainy, against whom two of the chiefest amongst the Clergy (the one was a Cardinal Sabellicus. Platina. Naucler. saith Luithprandus, the other, master of the Rolls) made complaint unto Otho, most humbly beseeching him, to have some compassion on the Church, which if it were not speedily reform, must needs come to utter decay. After whom came the B. of Milan, & so one after another a great many more, making the same suit unto Otho: who being moved of his own zeal to god's glory, but now inflamed by the lamentable supplications of these Bishops, Rex pijssimus, saith Luithp. non quae sua sunt, sed quae jesu Christi cogitans: The most religious king having careful cogitations, not for his own things, but for jesus Christ's matters, addressed himself with all convenient speed into Italy, to reform Rome from whence all the mischief sprang. When the Pope understood of his coming, he prepared to receive him in most honourable wise, and with such humility behaved himself towards the Emperor, and showed such fair face of repentance, that the well meaning Emperor, thought he had meant as he pretended, swore the Pope to obedience and loyalty against Berengarius and Adalbertus, as Luithprandus writeth, and so returned into his country. This Luithprand is the more to be credited, for that he was living a famous writer, and Deacon Cardinal, even in the same time. The Pope immediately against both oath, and honesty, practised with Adalbertus, to depose this godly Emperor, and promised him by oath his aid. The reason or cause why john the Pope should hate this most Godly Emperor, who Luithprand. had delivered him out of the hands of Adalbert his enemy, and wherefore the Devil should hate God his creator, seemeth not to be unlike. For the Emperor, as we have had good experience, understandeth things pertaining to God, he worketh, he loveth them, he maintaineth, with main and might the Ecclesiastical and Temporal matters, he decketh them with manners, and amendeth them by Laws: but john the Pope is against all these things. The Emperor seeketh by diverse ways to reconcile this Pope, and to bring him from his filthy life, to some honesty, & regard of his office. When by no persuasions he can win him, he determineth to depose him, and for that purpose, he calleth a council of the Bishops of Italy, to the end he may seek the reformation, which he mindeth, and saw to be ouermuch● needful, by their advise. Pope john seeing himself to be tried by a Synod, runneth away, when all the people saw their Pope was run away from them, they swore fidelity to the Emperor, promising by their Oaths, that they would never hereafter elect or make any Pope without the consent of the Emperor. Within three days after there was a great assembly in S. Peter's Church at the requests of the Bishops and people: In which council sat the Emperor with many archbishops and others: to whom the godly Emperor propoundeth the cause of their assembly, exhorteth them to do all things with upright judgement: and the Bishops, Deacons, Clergy, and all the people make solemn protestation, and obtestation of their just and upright dealing in the cause propounded. And because the chief matter touched the Pope that was run away: the holy Synod said, if it seem so good to the godly Emperor, let letters be sent to the Pope, and city him to come and purge himself: the Letters were directed in this form: Otho by God's grace Emperor, with the archbishops of Liguria, Tuscia, Saxonia, and France, send greeting in the Lord to john the Pope: we coming to Rome for our Service to God, and inquiring the cause of your absence from your church, were informed by the Bishops, cardinals, Priests, Deacons, and the whole people of such shameful doings by you, as we are ashamed to rehearse: whereof these are part they charged you with: Murder, perjury, sacrilege, incest with twain of your own sisters: that in your banquets (which is horrible to be rehearsed) ye drink wine in the love of the Devil: in your play at dice, you crave the help of jupiter, Venus, and other devils: wherefore we pray you to repair unto us yourself. To this the Pope writeth this answer. I here say ye will make an other Pope, which if ye attempt, I excommunicate you all that ye may have no licence or power to order any, etc. To this short answer the Emperor with the Synod replieth, telling him they had written, to let him understand of the crimes wherewith he was charged, and that he had sent them such an answer as rather became the folly of a child, than the gravity of a Bishop: as for the power of binding and losing, they say, he once had as judas had, to whom it was said Quaecunque ligaveritis super terram, etc. What so ever ye bind on earth, shallbe bound in Heaven, etc. But now he hath no more power against the Emperor and the Synod, than judas had when he went about to betray Christ his master. These letters were sent unto him by two Cardinals, who returned, not finding him: and therefore the Synod proceedeth to his Deposition: They beseech the Emperor to remove Monstrum illud, That Monster, and to place some worthy Bishop in his room. Tunc Imperator, placet inquit, quod dicitis: Your request pleaseth me, saith The Emperor. The Clergy and the people (saith Nauclerus) doth make humble supplication unto the Emperor, to provide for them a worthy Bishop: to whom the Emperor answereth: Choose you yourselves one, whom, having God before your eyes, ye may judge worthy, and I will confirm him: The Emperor had no sooner spoken this (saith Luithpr) than they all with one assent named Leo: The Emperor gave his consent: Et Ottho Imperator, Leonem creat Pontificem, And Ottho the Emperor created Leo Pope (as Sabellicus & Platina saith). Here Luithprandus telleth at large, how after this creation of Leo, the Emperor dissolved the Synod, & what mischief the monstrous Pope john wrought afterward. For by his friends in Rome, Pope Leo was driven away. And after this monster was dead, the Romans elected Benedictus in his place, & requireth the Emperor who was than at Spolet, to confirm him: the Emperor would not, but compelled them to receive Leo again. And here the Emperor summoned again a new● Platina. Synod, wherein he sat himself, for the canonical depofition of Benedictus. not withstanding this, saith Nauclerus, Leo being weary of the inconstancy of the Romans, did constitute by their consent in the Synod held at Rome, that the whole authority of choosing the Bishop, should remain in the Emperor, as it is rehearsed in the decrees in these words: Being in the Synod at Rome in the Church of the holy Saviour: like as Adrianus Bishop of Rome granted to Charles the Dist. 63. great, the dignity of patricians hip, the ordering of the Apostolical sea, and the investuring of Bissops: So I also Leo Bishop of Rome, servant of God's servants, with the consent of all the Clergy and people of Rome, do constitute, confirm, and corroborate, and by our Apostolical authority, we do grant and give unto the Lord Ottho, the first King of Dutchmen, and to his successors in this kingdom of Italy for ever, the authority to elect after us, and to ordain the Bishop of Rome: and so archbishops, and Bishops, that they receive of him, as they ought the investuring, and consecration: excepting those, whom the Emperor hath granted to the Popes and archbishops: And that noman hereafter of what dignity or Religion soever, have power to elect one, to the dignity of consuls Blood, or to be Bishop of the Appostolique sea, or to make any other Bishop, without the emperors consent. And if any be chosen Bishop, without he be commended, and invested by the King, that in no wise he be consecrated, under pain of excommunication. As Sabellicus noteth this for a renowned matter, the the right of creating the Pope, was now restored to the Imperial dignity: even so Nauclerus affirmeth, this godly Imperour Ottho, to be borne In totius Ecclesiae consolationem, for the consolation of the whole Church. When this godly Prince was dead, whilst his son Ottho 2. was busied in the wars against the Saracens: and after him his Son Ottho 3. was yet in nonage, the Popes began to wax so evil, and the state of Christ's Church to decay asmuch as ever it did before: So dangerous a matter it is, to want godly Princes to govern God's Church, and to oversee the ministers thereof. About this time Hugh Capet the French king, looked better to his Clergy in France, and calling a Council at Rheims of all the Prelates of France, deposed Arnucphus, whom Charles had made Bishop there, Nauclerus. and made Gilbert the Philosopher Bishop, whom afterwards Ottho. 3. made archbishop of Ravenna. After Hugh, Robert his son succeeded, a Prince very well learned, and a diligent labourer about divine or Church matters, which is the proper part of a right king, saith Sabellicus. When Ottho 3. (surnamed for his excellent virtues in that vicious Abb. Vrsp. age, Mirabilia mundi, the marvels of the world) heard of the great misorder in Rome, for the reformation thereof he came into Italy: but or ever he entered into Rome, Pope john 17. died, and there fell no contention (saith Nauclerus) in the Pope's Election, because the Prince appointed by his commandment, Bruno to be pronounced Pope, who was called Gregory. 5. So soon as the Emperor departed from Italy, the Romans thrust out Gregory, and placed one Placentinus, whom they call john. 18. The Emperor hearing hereof, came to Rome, hanged up the Consul, and put out john's eyes, & restored Gregory into his sea again. I marvel that the historians, (saith Platina) do reckon this john amongst the Popes, Platina. which undoubtedly was in his Papacy a thief, and a robber, for he entered not in by the door, as of right he should have done, for he came in by a faction, corrupting, with money and large gifts Crescentius the Consul, a most covetous wretch, and no less ambitious. Whereby, the sharp judgement of the Emperor, is declared to be but upright justice. So that Platina making Gregory to be the true Pope, and to have entered in by the door, of whom he saith, Ottonis 3. authoritate pontifex creature, he is created Pope by the emperors authority, & declaring the other that came in without the emperors consent to be a thief & a robber: seemeth to be of this opinion (although to flatter the Popes withal, he durst not so plainly open his mind) that without the Pope be create with the emperors confirmation & authority, he is but a thief and a robber. Next, unto him, saith Nauclerus, was Sylvester the second placed, by the Emperors appointment. Who being a conjuror, had sold his soul to the Devil for this promotion. Nevertheless, he was, saith he, so witty, so learned, and seemed so holy, that he not only deceived the Emperor that made him Pope, but all the world beside. In which Otho the Emperor remaining at Rome, did deliberate after what sort, and by what means he might reform, not only the Empire, but also handling Ecclesiastical matters, how Nauclerus. he might reform the Laws of the Church, and bring them into the ancient estate. Such was the careful travel of the Godly Princes, in governing not only in Temporal, but also in Ecclesiastical things and causes. Benedictus the ninth, sold the Papacy to Gregory the Sabellicus. sixth. Sylvester the third, thrust in amongst them by friendship and bribery. To this case was the Papacy brought now (saith Platina) that only he that was most mighty in ambition and bribery, obtained this dignity: there was no room for good men. Henricus the third, surnamed Pius, came to Rome to thrust out these three monsters, saith Sabellicus, and to bring this to pass in better order, he calleth a Synod, wherein he deposeth these three monstrous beasts, and doth create Clement the second. The which done, he sweareth the Romans, that they shall never after be present at the election of any Pope, unless they be compelled thereunto by the Emperor. But after the emperors departure from the city: Stephan perceiving the people to grudge somewhat at Clementes election, despatched him out of the the way with a medicine for a Pope. Venenum illi miscuit, he poisoned him (saith Sabellicus,) and immediately after his death, entruded himself into the Papacy, without consent, either of the Emperor, people or priest, and called himself Damasus 2. But with in a while he died also. In the mean time the Romans sent to the Emperor, beseeching him to appoint them some good man to be their Bishop. who made Bauno sabel. Pope, and was named Leo 9 After this Leo, whom Hildebrand rid out of the way, saith Benno Cardinalis, was Victor the second made Pope, by the emperors authority or privilege. Platina. Abb. Vrsp. Shortly after, this Godly Emperor died being greatly praised, & surnamed, Pius Henricus, for his dealing in the reformation of Church matters. This Emperor had called two counsels, the one at Constance, wherein he was himself present, & after the another at Moguntia, wherein both the Emperor & the Pope, sat in Synod. This Pope saith Nauclerus, came into Germany about the church matters, and ordered all things therein, (saith Abbas Vspurg.) by the advise and counsel of the Emperor and other secular Princes, and the bishops. And as this Emperor had yet this interest in the councils, and in the creation of the Pope himself, so had he the placing and displacing, allowing & disallowing, in other spiritual promotions, as at large appeareth in Nauclerus. Stephen 9 was chosen Pope after that Victor had drunken of hildebrand's cup. But this Stephen lived not long: for saith Benno, If any other than Hildebrand were chosen Pope, Gerardus Brazutus, hildebrand's familiar friend would soon dispatch him out of the way with poison. Alexander 2. was Sabellicus. chosen without the emperors authority or knowledge, with whose election the whole Clergy of Lombardy was much offended, & refused to owe unto him any obedience, beseeching the Emperor that he would give them licence to choose one of their own: persuading him that there ought none to be elect without the consent of the king of Italy. After they had licence, they chose Cadolus the Bishop of Parma, whom all the Clergy of Lombardy obeyed as their lawful Pope. The Cardinals (saith Benno) knowing well hildebrand's ambition, did win with much suit the emperors favour and aid to their new elected Pope Cadolus: the which did so deeply pierce the heart of Hildebrande, that he became a deadly enemy to the Emperor for ever after, contrary to the faithful duty that he had sworn unto him. Hard hold there was betwixt these two Popes, so well with strokes as with words: they both gathered great armies, and with their armies came into the field in their own persons, and fought two cruel and bloody battles, and so ruled the Schismatical Church with Paul's sword, Peter's keys, being fast locked from them both in Christ's Church: till the Emperor sent Otto the archbishop of colein, giving him full authority, as he should see cause, to set in order the Church matters. When Otto came to Rome with this large commission, Platina. he did sharply reprove Alexander at the first, Because he had taken upon him the Papacy without the emperors commandment, and contrary to that order, which the Law itself and the long custom also hath prescribed. Whose words Nauclerus telleth thus: How cometh this to pass (saith he) my brother Alexander, that contrary to the manner of old time hitherto observed, and against the law prescribed to the Roman Bishops many years ago, thou hast taken upon thee the Roman Papacy without the commandment of the king, and my Lord Henry: and so beginning from Charles the great, he nameth many Princes, by whose authority the Popes were either chosen, confirmed, or had their election ratified: & when he was going forward in his oration, Hildebrand Tharchdeacon taketh the tale out of his mouth, saying in great heat: O Archbishop Otto, the Emperors and kings, had never any right at all, or rule in the election of the Roman Bishops. Tharchbishop gave place to Master archdeacon by and by: For Hildebrand knew well enough, saith Sabellicus, that Otto would relent easily, and agree with him. In such sort also have other godly Princes been beguiled, trusting overmuch popish Prelates with their embassages. Within a while after, when the Emperor heard of these doings, he sent Sabel. straight to Pope Alexander, to gather together the Prelates, promising that he himself would come to the council: to set an order in the Church matters, that all things might be done in his own presence, who used Alexander very gently & friendly, wherewith the Pope afterwards was so moved, and saw how he himself had been abused by Hildebrands' instigations against so gentle a Prince, that he was greatly sorry, that he had attempted to be Pope without his assent. Whereupon saith Benno, when Alexander understood, that he was elected and installed by fraud and craft of Hildebrande, and other the emperors enemies, in his sermone to the people, he plainly declared, that he would not sit in the Apostolic sea, without the licence and favour of the Emperor: and further said openly in the pulpit, that he would send forthwith, his letters unto the Emperor for this purpose, so greatly he repented him of his usurpation without the emperors authority. Hildebrande, who had long awaited and practised to be Pope, impatient of any longer tarriance, immediadly after the death of Alexander, got to be made Pope, & was called Gregory the seventh, of whose election Abbas Vrspurgens. faith: next to Alexander succeeded Hildebrande, under whom the Roman common weal and the whole Church, was endangered and brought in a great peril with new errors and sehismes, such as have not been heard of: who climbed up to this high dignity with out the consent of the Prince, and therefore there be that affirm him to have usurped the Papacy, by tyranny, and not Canonically instituted, for which cause also many did refuse him to be Pope. In this election, Hildebrande made post haste, for fear he had come short of his purpose. In so much that Nauclerus saith, before the exequys of Alexander were finished, the Clergy and people that came to the burial, cried out, that S. Peter had chosen Master archdeacon Hildebrande to be Pope, whereupon the Cardinals went a side and elected Hildebrande. But Benno, who was a Cardinal at Rome the same time, saith, that the self same evening and hour, when Alexander died, Hildebrande was installed by his soldiers, without the assent of either Priest or people: fearing lest delay would breed peril: to whose election not one of the Cardinals did subscribe: in so much that Hildebrande said to an Abbot, that came short to the election, brother Abbot ye have tarried over long: to whom the Abbot answered, and thou Hildebrande hast made over much haste, in that thou hast usurped the Apostolic sea against the Canons, thy Master the Pope being not yet buried. By which post haste, importune clamours, and violent election, it is easy to see, how Platina and those that follow him, do no less lie than flatter in praising this Pope, and setting forth so comely a form of his election. Nauclerus, protesteth and promiseth in the telling of this Pope's life to keep an indifferency and fidelity, in the report of the Chroniclers: & first reporteth the state of the Church under this Pope word for word as I have rehearsed out of Abbas Vrspurg. and to declare his further uprightness in the matter, he telleth what he found written in a fine style amongst the Saxon histories: that the Bishops of France moved the Prince not to suffer this election, which was made without his consent, for if he did, it might work to him much and grievous danger: the Prince perceiving this suggestion to be Nauclerus. true, sent immediately his Ambassadors to Rome, to demand the cause wherefore they presumed without the kings licence, against the custom of their ancestors, to ordain a Pope: and further to command the new● elect Pope, to forsake that dignity unlawfully come by, unless they would make a reasonable satisfaction. These Ambassadors were honourably received, and when they had declared their message, the Pope himself, maketh them this answer: He taketh God to witness, that he never coveted this high dignity, but that he was chosen, and thrust violently thereunto by the Romans, who would not suffer him in any wise to refuse it: notwithstanding they could by no means persuade him, to take the Papacy upon him, and to be consecrate Pope, till he were surely certified, that both the king and also the Princes of Germany, had given their assent. When the king was certified of this answer, he was content and willingly gave commandment, that he should be ordered Pope. He also reciteth out of Blondus, and other writers, That the King gave his Consent unto the Pope's election, sending the bishop of Verselles, the Chancellor of Italy, to confirm the election by his authority, as the manner had been, the which thing also, Platina (saith he) seemeth to affirm. Afterwards the Emperor called a Council, which he held (as Sabellicus saith) at Worms, whereat were all the Bishops of France and Germany, except the Saxons. The churchmen of Rome sent their epistles, with grievous complaints against Hildebrand unto this council: Aventinus. In quibus Hildebrandum ambitus & periurij accersunt, eundemque plaeraque avarè, superbeque facere, conqueruntur: hocque reiecto, alium pastorem postulant: wherein they accuse Hildebrande, of ambition and perjury, complaining that he doth many things proudly and covetously, and therefore desire, that he may be deposed, and another pastor appointed them. The Fathers in this Council make a Decree for to depose Hildebrande, reciting therein many his grievous and horrible crimes, that moved them thereto: And not only the bishops of Germany and France, but also the Bissoppes of Italy, assembled together at Ticinum, a city in Lombardy now called Pavia, did subscribe this Decree. This Synod being thus finished, the Emperor (saith Aventinus) wrote two letters, the one to Hildebrand, the other to the people and priests of Rome, wherein he commandeth Hildebrande, according to the Decree of the Council, to return to his private life and estate, and the Romans to forsake Hildebrande, and to choose to themselves a Pastor, according to the manner of their ancestors. Who so listeth to read these epistles, and the seditious, traitorous, and tragical feats and practices of the Pope against the Emperor, both before, and especially after this Decree, he may see them in Orthwinus Gratius, in Nauclerus, Aventinus, Sabellicus, and Platina. Henry the. 5. came into Italy to end the controversy Nauclerus. and discord, that was betwixt him and the Pope, for this jurisdiction, and to make such composition as might bring quietness both to the Church and the Empire: But Paschalis the Pope did not much like of his coming, as the Italian writers witness. The Emperor sendeth to the Pope, the Pope again to him: certain covenants were agreed upon, and confirmed by oath, and assured by pledges on both the parties. But the Pope could not, or would not, keep promise with the Emperor, for that his Bishops did withstand, and in no wise would stand to the agreement: whereupon followed great tumult and a bloody fray. The Emperor saying they for their parts, would not stand to the covenants, which were confirmed so strongly by oath, and hostages, as might be, would not in like wise be bound to his. Shortly after Easter following, there was a friendly peace concluded betwixt the Emperor and the Pope, who crowned Henry. 5. Emperor, delivering unto him with his holy hand such privileges as his ancestors were wont to enjoy, and confirmed the same to him, never to be taken from him under the pain of the great Curse. After this the Emperor took an Oath of all the inhabitants in every City through Italy, for Nauclerus. their faithful obedience to him, and the faithful keeping of this his prerogative, and privilege in Ecclesiastical things or causes. The next Emperor to Henry, was Lotharius, who so laboured with the Pope, to retain the investuring of Ecclesiastical persons, and besides that, he so travailed in other Ecclesiastical causes, so well as Temporal, that saith Vrspurgens. Huius laus est à vindicata religione & legibus: The praise of this Prince is, in that he reformed Religion and the Laws. next to whom, was Conradus Emperor, to whom the Romans wrote supplications, to come and challenge Otto Frisingen. his right in these matters, to reduce the form of the Empire, to the old state which it was in, in Constantine and justinian's days, & to deliver them from the tyranny of the Pope. To whom also the Pope wrote humble supplications, to take his cause into his protection against the Magistrates of Rome, Nauclerus. which took upon them to reduce the Pope, to the old order and state of the ancient bishops of Rome. next to whom, followed the godly and zealous Emperor Fredrick the first, who seeing the horrible vices of the romish Church, commanded that no Legate of the Church of Rome should be suffered to enter into Germany, with Nauclerus. out he were called or hired of the Emperor: nor would suffer that any man under the manner of appellation should go unto the Court of Rome. After the death of Adrian the fourth, the Cardinals fell out amongst themselves for the Election of a new Pope: some striving to have rowland, other some contending to have Octavian, a man (saith Vrspurg.) in all Vrspurg. points honest and Religious. Hereupon sprang an horrible Nauclerus. Schism, and great discord. rowland sent his Legates to the Emperor Fredericus. 1. and desired him that Sabellicus. he would take up and end this contention by his authority. The Emperor commandeth them both to come unto him at Ticinum: where forthwith he summoned a council to be holden about this matter, minding to examine Vrspurg. both their causes, and by searching to try, whose cause was the more honest. rowland being afraid to have the matter come to this trial, getteth him to William of Sicilia, the emperors mortal enemy, and within twelve days putteth on his Cope, and nameth himself Alexander: for he purposed (belike) to make a conquest of the matter. He alleged his election to be good out of all doubt, and that he sent for the emperors aid, and not for his arbitrement: and therefore thought not good to bring his case into doubtful question. The Emperor Platina. being offended with him, for that he would not obey his appointment, sent two Bishops to cite him, to come unto the Council by the name of Cardinal, and not Pope: But rowland refused, confuting their Citation with this Maxim or Principle, Romanum Pontificem a nemine judicari debere: the Pope ought not to be judged of any man. But when these Legates from the Emperor came to Octavian, he strait ways obeyed, & theybrought Nauclerus. him to Papia. Vrspur. saith, that rowland was oftentimes monished to come, and did contemn all those monitions. The Emperor sat in the Council, (as Radevicus Frisingensis, who wrote his acts, witnesseth) and made an oration Platina. unto the Bishops, wherein he declareth, and that by the example of his ancestors Constantinus, Theodosius, justinianus, and of later time of Carolus Magnus, and other, that the power and authority to call Councils, where the Church is troubled with any schisms, or other perilous distourbance, belongeth to the Emperor: notwithstanding he committed the difininge of the controversy to their wisdom, and gave them thereunto authority. The council debateth the cause, & consulteth with men learned Vrspurg. in the law, and so concludeth, that octavians election was good, and adjudgeth him to be the right Bishop of Rome. When they had thus tried out the matter, ●redericus the Emperor (saith Platina) Confirmat Octavianum Pontificem: Confirmed Octavian Pope. The Emperor within a while after, sent Octavianus, new confirmed Pope, towards Rome, who died in the journey. After whose death, the Emperor called an other council at Wirtzberge (as Aventinus writeth) wherein were a great number of archbishops, and other Bishops, and also may of the nobles and states of the Empire. In this Council a statute or Decree was made by common consent: That from henceforth none should be Pope, unless he were created by the consent of the Emperor, according as the custom had been of long and ancient time. This worthy Emperor, whom the Chroniclers call Christianissimum, moste Christian, for his zeal towards God's Church, endeavoured not without great peril to himself and his estate, to retain the jurisdiction due to the Princes, and thereby to reform the horrible disorders that were grown so high, that they overwhelmed the Church, as in like sort divers other Emperors and Kings, both before and after, had attempted, but in vain: for the wealthy pride, the fierce power, and traitorous treachery of the Pope and his Prelates was so mighty, violent, and subtle, that there was no earthly power able to withstand or match with them. And therefore Erasmus counteth the In prover. Sileni Alcibiadi●. Popes of this time, and those that followed, to be the Vicars and successors of julius Caesar, of Alexander the the great, of Croesus the rich, and of xerxes the mighty: rather than of Christ, the only Emperor & governor of the Church. bernard calleth Eugenius. 3. in his great pomp, and pride, rather the successor of Constantinus the high Emperor, then of Peter the humble Apostle. And Abbas Vrspurg. who lived at this time, when the Popes had spoiled the Emperor, and other Princes well-nigh of all jurisdiction, ruling all by their own decretals, now about this time set forth as they listed, maketh a lamentable complaint of the horrible pride and covetousness of the whole clergy, and concludeth with these words: Gaude matter nostra Roma, etc. Rejoice O our mother Rome, because the scluses of the hidden treasures in the earth are opened, that rivers and heaps of money may flow unto thee in great abundance. Be glad of the iniquity of the sons of men, because money is given to thee for the recompense of so great evils. Be merry and jocund for discords sake, which is thy helper, because she is rushte out of the infernal pit, that plentiful rewards of money might be heaped upon thee: thou hast that which thou hast always thirsted after: sing pleasant ballads, for through men's maliciousness, not by thy Godliness, thou hastovercome the world. About this time, the king of Cicilia and Apulia, had a Otto Frisingensis. dispensation from the Pope for money, to investure archbishops or Bishops with staff or crosier, ring, pall, mitre, sandalles ●r slippers: and that the Pope might send into his dominions no Legate, unless the king should send for him. Our English Chroniclers make report, that the Kings of this Realm, had not altogether left of their dealing in Church matters, but continued in Of the doings of the kings of this Realm, in Eccl. matters, before the Conquest look in the book De potestate Regia set out by the Prelates, 26. Hen. 8. part their jurisdiction about Ecclesiastical causes, although not without some trouble. * Polychron. Polic. Fab. Polyc. Fabyan. The Pope's Legate came into England, and made a council by the assent of king William the Conqueror. And after that in an other Council at Winchester, * were put down many Bishops, abbots, and priors, by the means and procurement of the King. The king gave to Lanfranke the Archbisshoprike of Cantorb and on our Lady day the Assumption made him archbishop. On whit Sunday, he gave the archbishopric of York, unto Thomas a Canon of Bayon. When Thomas should have been consecrated of Lanfranke, there fell a strife betwixt them, about the liberties of the church of York. The controversy being about Church matters, was brought and referred to the kings judgement, and Thomas by the kings commandment, was feign to come again to Lanfranke to be sacred. And afterward, when there grew greater contention betwixt these twain about Church Polychr. matters, the Bishop of Rome remitted the matter to be determined before the King, and the bishops of England, and so at Windesour before king William and the Clergy, the cause was treated. Also an other cause was moved before the King of the misorder of Thurstan, whom the King had made Abbot of Glastonbury, by whose judgement the Abbot was changed, and turned to Fab. Polychr. his own Abbay in Normandy: but the Monks scattered about by the kings hest. After this the king bestowed many bishoprics on his Chaplains, as London, Norwiche, Chester, Coventry, etc. Fabyan. And ruled both the Temporalty and the Spirytualty at his own will: saith Polychronicon: He took noman fro the Pope in his land, (he meaneth that the King would suffer no Legate to enter into the land from the Pope) but he came and pleased him: he suffered no Council made in his own country without his Polychr. own leave: Also he would nothing suffer in such a council, but as he would assent. So that in giving, or translating of Spiritual promotions, in giving his assent to counsels, and suffering nothing to pass without his consent, in hearing and determining Ecclesiastical causes, in restraining the Pope's liberty, without his special licence, and in ruling the spiritualty at his own will: king William showeth plain, that he took himself for the supreme governor within this Realm in all manner of causes, so well Ecclesiastical as Temporal. In like manner did his son William Rufus, who made Anselme Bishop of York, and afterwards translated him to Cantorbury. But within a while, strife and contention fell between him and Anselme, Eabyan. for Anselme might not call his Synods, nor correct the Bishops but as the king would: the king also challenged the investiture of Bishops. This king also forbade the paying of any money or tribute to Rome: as saith Polychronicon. The like inhibition made Henry the first, and gave Ecclesiastical promotions, Math. Par. as his ancestors had done: wherefore Anselme fell out with the king, and would not Fabyan. consecrate such Prelates, as he being a Lay man had made: but the archbishop of York did consecrate them, and therefore Anselme fled the Realm. In an other council at London, the Spiritual condescended, that the kings Fabyan. officers, should punish Priests for whoredom. The cause of this decree, as it seemeth, was, that a Cardinal named joannes Simeon Dunelmensis. Hen. Huntingtonus. Roge. Houedenus. Mat. Paris. Mat. westmonast. Polydorus. Cremensis, that came to redress the matter, after he had enueighed against the vice, was himself the same night taken tardy. In the which council also, (saith Polydore) the king provided many things to be enacted, which should greatly help to lead a Godly and blessed life. After this the king called an other counsel at Sarisbury, Summoning thither so well the chief of the Clergy, as the people, and swore them unto him, and unto William his son. Whereupon Polydorus taketh occasion to speak of the order of our Parliament, though it have a French name, yet in deed to be a council of the Clergy, and the laity, whereof the Prince hath a full ratifying or enfringing voice. And not only (saith he) this king did make bishops and abbots (which he calleth) holy rites, Laws of Religion, and Polyd. Church ceremonies (as other likewise call it, Ecclesiastical business) Naucler. Abb. Vrsp. but the Princes of every nation, began every where to claim this right unto themselves, of naming and denouncing of bishops, the which to this day they hold fast with tooth and nail. Also Martinus here noteth. Until this time, and from thence even till our days, the king of Hungary maketh and investureth according to his pleasure, Bishops and other Ecclesiastical persons within his Dominions. And here sithen I am entered into the noting of the practices of other countries in this behalf: I might not only note the doings about this time of Fredrick king of Sicill, and james the king of Spain his brother, in reformation of Religion in their Dominions, as appeareth in their Epistles written by Arnoldus de nova Villa: but also make a digression to the state of other parts in Christendom, as of the Churches of Grece, of Armenia, of moscovia, etc. that acknowledged not any, but only their Princes, to be their supreme governors in all things next to Christ: as especially also to note that most ancient part of Christendom southward in Aethyopia, containing. 62. kingdoms under the ruling of him whom we misname Presbyter joannes, as who say he were a Priest, and head Bishop over those Christian Realms, having such a power with them, as the Pope's usurpation hath challenged here in Europe, to be an head or universal Priest and king. If we may believe Sabellicus, who saith that he hath both often talked with the merchants, that have their traffic there, and hath also diverse times inquired the matter by an interpreter of the inhabitants there borne, they all say, that his name is, neither Presbyter joannes, nor Pretto Ianes, but say they, his name is Gyan, that is, mighty, and they marvel greatly what the Italians mean, to call him by the name of Priesthood. But this they say, that all the suits or requests even of their great bishops, are brought before the king himself: and that all their benefices or Spiritual promotions be obtained at his hands. So that there being, as Sabellicus telleth further, an exceeding great number of chief Prelates or metropolitans, and under every one Prelate at the least twenty Bishops, all their suits and causes Ecclesiastical, being brought unto him, and he the maker of all these Prelates, Bishops, and other Ecclesiastical persons, he is called over them all, Clergy or Say, in all causes Ecclesiastical or temporal, Cyan the mighty: that is, the supreme Ruler and Governor, and even so hath continued sithen those parts were first Christened, (as they say) of Thomas Dydimus the Apostle, until our time. But this by the way, now from them to return to our own country. In England also, king Stephan reserved to himself, the investitures of the Prelates, as likewise after him did Mat. Paris. Polych. Henry the second, that made Thomas Becket archbishop of Cantorburie, who thereat was sworn to the king, and to his Laws, and to his Son. In the ninth year of his reign, this king called a Parliament at Northampton, where he intended reformation of many privileges Mat. Paris. Fabyan. that the Clergy had, and amongst these, was one: that although one of the Clergy had committed felony, murder, or treason, yea● might not the king put him to death as he did the Say men. The which thing with many other, the king thought to redress in the said Parliament. Thomas Becket resisted him, but he might not praevayle against the king. For well near all the bishops of England were against him. In the 17▪ ●ere of his reign, the king made a journey into Ireland, wherewith great travail, he subdued the Iris he, and after with the help of the Primate of Ar●●ch, he reformed the manners of the people and dwellers in that country, and that in three things especially: Fabyan. ●irst, in ruling and ordering of the Church by the Curates; and how they should order their divine Service, and minister the Sacrament of matrimony as it was in England, and other Christian Regions. The second was, how that the Say people should behave themselves towards their Curates, and in what wise they should pay and offer to God their tithes. The third was, for making of their testaments. In Germany, succeeded unto Fredrick, Henry, and next unto him Philip, both of them investuring Bishops, and suffering no Legates from Rome to come into Apulia, nor Sicilia, according to the aforesaid composition. Next to whom succeeded Otto, surnamed of the Clergy the defender of justice, for where as the manner of Princes was, (saith Abbas Vrspurgens) cheerfully and readily to give benefices or Churches, to those that did first ask them, he would no● so do: but he gave all the benefices that fell, as well Ecclesiastical as Secular, to those with whom he was acquainted. etc. This Emperor came into Italy, claimed and recovered all the right of the Empire, that the Pope usurped under the name of S. Nauclerus. Peter's patrimony, and called a Synod at Norinberge about this matter, and touching the Pope's authority. In England as Henry his father had done before him: so followed king Richard in giving Ecclesiastical promotions, in calling councel●, & ordering other Ecclesiastical matters: yea, even in his absence, being in Syria, by one that represented his person therein, the B. of Ely, who called and made a council at westminster, as the king's procurator, and the Pope's Polych. Fabyan. Legate, and spoke by the kings power. But in this matter, king john did more than any of his predecessors, which purchased him much hatred with the Pope and his Monks. In this while the French king held a Council at Cenomannia Fabyan. Antoninus. in Turon. And after him King jews did celebrate a solemn council at Paris, whereat was present the Pope's Legates. In which time was Fredrick the. 2. Emperor, out of doubt, saith Aventinus, an other Charles the great, and without Aventinus. all controversy most profitable for the Christian common wealth: which not only held the privileges aforesaid in Apulia and Sicilia, but in all his dominions, and about this matter, tamed diver Popes, called and kept diverse Councils, aswell by his Sons, as by himself: & ordained certain Ecclesiastical laws against diverse Heretics, condemning Novel const. their heresies and appointing how they should be ordered; ordaining likewise many privileges for Ecclesiastical persons, In which time Henry the. 3. King of Polyd. England held a solemn Council, in the which both by the sentence of the King and of the Princes, not a few privileges, were taken away from the order of priesthood, at what time the Pope's Legate required a tribute of all the Clergy, but it was denied him. Robert Grosthed (whom ye call S. Robert) wrote unto the Pope, a sharp Episile, because he grieved the Church of England with ●askes and payments against reason: of which when he saw Fabyan. no redress, he with other Prelates of the land, complained unto the King, of the wass of the goods and patrimony of the Church, by the Pope's near kinsman and other alien bishops, whom the King avoided out of the Realm. To whom also the Emperor Mat. Paris. Fredrick wrote, that it was a shame for him to suffer any longer his Realm to be oppressed with the Pope's tyranny. jews the French king, called S. jews, who as Antoninus. Antoninus saith, was so instructed, even from his infancy, in all the wisdom of divine and good orders, that there was not found his like▪ that kept the law of the high God etc. made a law against th●●e, that blasphemed the name of the 〈◊〉: adjoining a penalty of a whoteyron to be printed in the transgressors forehead. Also in the year of the Lord. 1228. He made a Law against the Pope's Append. Math. Paris. frauds, concerning the preventions and reservations of the revenues, and dignities Ecclesiastical, complaining that the Pope had pulled from him, the collations of all Spiritual promotions: ordaining that from hence forth the election of bishops, Prelates and all other what so ever, should be free, forcible, and effectual to the electors, patrons and collatours of them. Also the same year he set forth an other Law against Simony: complaining of the bjoing and selling of Ecclesiastical dignities. He made also certain godly Laws against whoredom and Fornication. Fabyan. last of all in the year of the Lord 1268. he set forth Append. Math. Paris. the Law, commonly called Pragmatica Sanctio: wherein amongst other Ecclesiastical matters against the Pope's pollinges he saith thus: Item, in no case we will that exactions or grievous burdens of money; being laid on the Church of our Kingdom by the Court of Rome, whereby our kingdom is miserably impoverished, be levied or gathered: nor any hereafter to be laid, except only for a reasonable godly and most urgent cause of necessity, that can not be avoided: and that the same be done by our express biding, and commandment of our own accord. Conradus, Conradinus and Manfredus, still kept the privilege of the foresaid Ecclesiastical matters in Sicilia and Apulia. Shortly after this time Charles the King of Sicilia and Apulia, had all or most of the doing in the election and making of diverse Popes, as of Martin. 4. Celestyn. 5. Bonyface. 8. etc. Nauclerus. Platina. Edward the first; King of England, about this time made the Statute of Northampton: So that after that time, noman should give, neither sell, nor bequeath, neither Polych. change, neither buy title, assign lands tenements, neither rents to no man of Religion, without the kings leave: which act, sense that time, hath been more straightly enacted and devised with many Eabyan. Polyd. additions, thereunto augmented or annexed. The which Law, saith Polydore, he made because he was Religionis studiosissimus, etc. most studious of Religion, and most sharp enemy to the insolency of the Priesies. At this time Philip le Beau the French King, began Paul. Aem. his reign, brought up in the study of divinity, under Aegidius the Roman divine, by whose admonitions and also of other divines, the King being instructed in his duty, above all other things, endeavoured himself about the reformation of Religion, and ordering of Ecclesiastical matters. Whereupon looking to the state of the Clergy, he deposed a certain Bishop for Anton. Naucler. Blond. Heresy, and gave his Bishopric to an other, and beside, claimed the investiture of all other Bishops in his dominions: and calling Councils at home in his own Realm, would suffer none of his Clergy to go to the Pope's Councils. Aemylius. Nauclerus. He caused the Pope's Bulls to be burned. He commanded the Pope's Legates to avoid his realm: He commanded that no money should be carried out of the Realm to the Pope. He set forth a Law that no man should go to Rome out of his kingdom. He called Platina. a Council at Paris, and caused to be gathered thither all the Prelates and Barons of France: to justify his doings, He showed unto them why he took upon him to call a Council. He enueighed Nauclerus. Antoninus. sabel. Nauclerus. Sabellicus. Aemyl. against the Pope for Heresy, Simony, Homicide, Pride, Ambition. etc. and that of right he ought therefore to be deposed. He demandeth of the Council, unto whom they be lawfully sworn, and of whom they have received their dignities? They all answer, that they are all the beneficiaries of him alone, and that mindful of their Faith, and the kings estate, they would suffer death, for his glory, power and safeguard. Thereupon he setteth forth a pragmatical sanction or forcible law to diminis he the dignity of the Pope. Append. Vrspurg. Many other Ecclesiastical Laws he made, against the jews, against the Templars, against adultery. etc. He made also Clement the fifth Pope, and swore him to certain Antoninus. Nauclerus. conditions before hand: by whose importune means also, the General council of Vienna was holden. In which Council he laboured to have Pope Boniface condemned for an Heretic, Antoninus. affirming that he would prove him so. But the matter was taken up, and to satisfy the king, it was decreed that all the processes of Bonifacius against the king were unjust, and the kings doings in any point against the Pope should not be prejudicial to him, or to his heyers. About the time of this Council at Vienna, the famous schoolman Durandus setteth forth a book: wherein as he reckoneth up diverse and great enormities in Church matters: so for the reformation of them, he always joineth the king, and secular Princes, and the Prelases, and to this purpose citeth the form of the ancient Councils and many times enueigheth against and complaineth upon the usurped authority of the Roman Bishop, warning men to beware, how they yield unto him: and prescribeth a rule for the Princes, and the Prelates to reform all these enormities, not by custom were it never so ancient, but by the word of God. About this time also the Emperor Henry the. 7. came into Italy with great power, to reduce the Empire to the old estate and glory of the ancient Emperors in this behalf. And on the day of his coronation Aemyl. at Rome, according to the manner of other Roman Emperors, he set Paral. Vrsp. Nauclerus. forth a Law, or new authentic of the most high Trinity, and the Catholic faith. next to Henry. 7. was jews. 4. Emperor: who had no less but rather greater conflicts with the Popes in his time about the reformation of abuses, than any had before him: the Pope now claiming for an Ecclesiastical matter, the confirming of the Emperor, as before the Emperors were wont to confirm the Popes. About which question, the Emperor sent and called many learned Clerks in Divinity, in the Civil and Canon Antoninu● Law, from Italy, France, Germany, Paris, and Bononia, which all answered, that the Pope's attempts were erroneous, and derogating from the simplicity of the Christian Religion. Whereupon the Emperor willed them, to search out the matter diligently, and to dispute upon it, and to gather into books their minds therein, which divers did, as Marsilius Patavinus, Ockam, Dantes, petrarch. etc. Marius. By whom, when the Emperor understood the Pope's usurpation, he came to Rome, called a council, and deposed the Pope, & placed an other in his room: In which council, the Romans desired, to have their old order in the Pope's election ratified by the Emperor, to be renewed. This Emperor also called a very great council at Frankeforth, where besides the Spiritual and Secular Princes of Germany, the king of England, and the king of Beam, were present, where by the greater and sounder part, the Pope's aforesaid usurpation was abolished. Which sentence the Emperor confirmed, and published Paral. Vrsp. writing thereof, that his authority dependeth not of the Pope, but of God immediately, and that it is a vain thing, that is wont to be said, the Pope hath no superior. The Acts of this council against the Pope's process were ratified by the Emperor, as appeareth by his letters patents thereupon, Nauclerus. beginning thus, Lodovic the fourth, by the grace of God etc. To all patriarchs, archbishops, bishops, and Priests etc. and ending thus: Wherefore by the council and consent of the Prelates and Princes, etc. We denounce and determine, that all such processes be of no force or moment, and straightly charge and command, to all that live in our Empire, of what estate or condition so ever they be, that they presume not to observe the said sentences and curses of the Pope's interdiction. etc. An other Council he called afterwards Nauclerus. at the same place, about the same matter: because Pope Clement called it Heresy, To say that the Emperor had Paral. Vrsp. Nauclerus. authority to depose the Pope, which heresy as principal, he laid first to the emperors charge. Item, that the Emperor affirmed, that Christ and his Apostles were but poor. Item, the. 3. heresy, that he made and deposed bishops. Item that he neglected the Pope's interdightment, etc. Item that he joined certain in marriage in degrees forbid (he meaneth forbidden by the Pope's Laws) and devorceth them that were married in the face of the Church. Which in deed was nothing else, but that amongst other Ecclesiastical laws, that the Emperor set forth, were some for marriages and divorcements, contrary to the Pope's decrees. In France king Charles denied the Pope the tenths Aemylius of his Clergy. But Philip de Valois that followed, reform and took away many late upstart Ecclesiastical abuses in the Clergy, and Prelates in his Realm: of the which, diverse complaints being made unto the king, he Pet. Bertram. called a council at Paris, and summoned thither the Bishops, as appeareth by his letters wherein he complaineth, that they have enchroched from him and his officers a great many of rights: bringing in their novelties not due, and unwonted grieves under the pretence of Ecclesiastical causes: whereby they have broken the concord of the Clergy and the Laity, and therefore willing to provide so much as he can by God's help, an healthful remedy: He requireth, and nevertheless commandeth them to appear before him at Paris personally. etc. The Prelates appearing at the day assigned, before the king in his palace, archbishops, bishops, and making reverence to the kings majesty, being set down with his council, and certain Barons assisting him, a certain knight of the kings council, spoke publicly for the king in the presence of them all, taking for his theme this text. give that unto Caesar that belongeth to Caesar, and that unto God that is due unto God. etc. The kings admonition being made, a great many complaints were put up unto the king by his nobles and officers, against the Clergies usurpation, in meddling with contracts of marriages, in their privileges of Clerks: In citations to their Courts, in their excommunications, in wills, and hereditaments, in calling of provincial councils, in making synodal Decrees, and statutes, in meddling with realties, in peremptory writes, in examinations of men's believes, in enjoining of money penances, In shaving of children, and unlawful persons making them Clerks, in whoredom and fornication, in widow's goods, in bloodshed in the churchyard, in inventories, etc. and in a great many more matters, which ye call Spiritual or Ecclesiastical causes: the French king proving them to be (as in deed they were no other) but temporal: nevertheless not standing much about the name, nor taking them all away, from their jurisdiction, he only said, he would reform them. neverthelesss, for certain days there was much disputing to and fro, whether they belonged to the king to reform or no, till the king by his foresaid procurator gave them the kings determinat answer, declaring unto them, how that they ought not to be troubled, because the kings intention was, to keep those rights and customs of the Church, and Prelates which were good and reasonable, but by reason of their faults, the judgement which were good and reasonable, appertained not unto them to determine, but to the king. Because the Decree, Novit etc. saith, that the king of France in matters de Facto, hath not his superior etc. Whereupon he concluded, that the king would hear all the informations: And those Customs of the which he should be fully informed, that they were good and reasonable, he would make only to be observed. In conclusion the Prelates made such importune labour, that the foresaid attorney answered them for the king, that if the Prelates themselves would amend those things, that were to be amended and corrected, the king would abide till the feast of the Nativity next to come: within which term, he would innovate nothing: but if within the said term, the Prelates had not amended those things that were to be amended and corrected, that then the king would put to such remedy, as should be acceptable to God and the people. Which in conclusion the king was feign to do, by a sharp & severe Law, when he saw how the Prelates Aemylius. dallied him of, with fair words, and therefore he himself, Composuit rem sacerdotum, did set in order the matters of the Priests. In England at this time many abuses about Ecclesiastical causes, were reform (although the Pope & his Clergy, did earnestly maintain them) by king Edward the. 3. who wrote his letters to the Pope, admonishing him Paral. Vrsp. Fabyan. Caxton. Polyd. Nauclerus. to leave of his disordered doings, & when that would not serve, he redressed them by act of parliament, and (as Nauclerus saith) he commanded that from thenceforth, no body should bring into the Realm any kind of the Pope's letters, under the pain of drowning, and expelled all persons out of his kingdom, that wear by the Pope promoted to any benefice. Next to jews was Charles the. 4. chosen Emperor, who held a council at Mentze, with the Prelates & Princes, Nauclerus. Paral. Vrsp. in the year of the Lord. 1359. wherein he much reproved the Pope's Legate for his disorders, and commanded the Archbishop of Mentze to reform his Clergy, and the disorders amongst them, for otherwise he would see to it himself. The Pope's Legate seeing how the Emperor Naucler. took upon him, gate him to his ship, and sailed to Colayn as one that fled away. With which doings, the Emperor became very famous, for he was a man of great works, who did lighten the kingdom of Boheme, both with the the setting forth of Religion, and with the discipline of Laws and good manners. At this time wrote Nilus the Bishop of Thessalonica, declaring the only cause of the division between the Greek and the Latin Church to be, for that the Pope will not suffer free and general Councils to be called by the emperors according to the ancient custom: & that his authority is not by the Law of God, but by the positive Laws of Princes, granted only, because that than Rome was the greatest City in the world, and hath no prerogative of Christ or Peter, more than any other Bishopric. King Richard the. 2. called a Council at Westminster (saith Polydore) wherein it was thought good to the King and the Princes for the weal of his realm of England, if a part of the Pope's authority were bounded within the limits of the Ocean sea, (he meaneth that it were driven out of the Isle of Britain) wherefore it was decreed, that hereafter it should be lawful to no man, to try any cause before the Bishop of Rome: nor that any man be publicly Polyd. pronounced wicked or enemy of Religion, that is to wit, as the common people term it, be excommunicate by his authority: nor that if any man have any such commandment from him, they execute the same. The penalty ordained to those that violate this law, was, that losing all his goods, he should be cast into perpetual prison. The Church of Rome at this time was marvelously torn in sunder with an horrible Schism, which continued about. xl. years, having at one's three heads, calling themselves Popes, every one of them in most despiteful wise, calling the other Antichrist, schismatic, Heretic, tyrant, thief, traitor, the son of perdition, sour of Cockle, the child of Belial, etc. diverse learned men of that time inveighed against them all three, as Henricus de Hassia, 10. Cerson, Theodorych Nyem, secretary before this to Pope Boniface, who proveth at large by good reasons, De schiss. li. 3. cap. 73 by the word of God, and by the Pope's decrees, that the refourmation of these horrible disorders in the Church belong to the Emperor, and the secular Princes. Sigismunde the noble Emperor understanding his duty herein, amongst other his notable acts, called a Council together at Constantia, and brought again to unity the Pius Pap. 2. Church divided in three parts: which Council (saith Nauclerus) began by the emperors commandment and industry, in the year. 1414. To the which Council came Pope john Platina. before the emperors coming, thinking to have outfaced the Council with his pretenced authority, till the Emperor came: who giving to all men in the Council free liberty to speak their minds, a great company of horrible Sabel. Platina. vices, were laid straight way to his charged. To the which when he was not able to answer, he was deposed, and the other two Popes also, and an other chosen chief by the emperors means, called Martin the. 5. After these things finished, they entered into the communication of a reformation Volater. both of the Clergy and the Laity, to which purpose the Emperor had devised a book of Constitutions, and also willed certain learned Fathers there, but specially the Bishop of Camera, a Cardinal there present, to devise what faults they could find, and how they should be redressed, not sparing any dégrée, neither of the Prelates nor of the Princes themselves. Which the Bishop did, and compiled a little book or Libel, entitled a Libel for reformation of the Church gathered Orth. Grat. by Peter de Aliaco. etc. and offered to the Church rulers, gathered together in constance Council, by the commandment of the Emperor Sigismonde. etc. In this Libel of reformation, after he hath touched the notable enormities in the Pope, in the Court of Rome, in the Cardinals, in the Prelates, in Religious persons, and in Priests: in exaction, in Canons and decretals, incollations of benefices, in fastings, in the divine service, in Piaures, in making festival days, in making Saints, in reading their legends in the Church, in hallowing Temples, in worshipping Relics, in calling Councils, in making religious Soldiers, in reforming universities, in studying liberal sciences, and knowledge of the tongues, in repairing Libraries, and in promoting the learned: After all these things being Ecclesiastical matters or causes, he concludeth with the duties of Princes for the looking to the reformation of these matters, or any other that needeth amendment. The sixth, (saith he) and the last consideration shallbe of the reforming of the state of the Lay Christians, and chief the Princes of whose manners dependeth the behaviour of the people, etc. Let them see also, that they repel all evil customs contrary to the law of God, and the law of man in their subjects, by the counsel of divines and other wise men. Also let them see that they pull up by the roots and destroy more diligently, than they have done, Magical arts and other superstitions condemned by the law of God, and all errors and heresies contrary to the Faith. Item that they watch and care earnestly for the exalting of the Faith, and the honour of God's Service, and the reforming of the Church, and that they labour and travail diligently for the reformation of all those things which are mentioned afore or here following, or any other things profitable. etc. When this book was thus compiled, it was offered up to the Council (saith Orthwinus) that the most Christian Emperor Sigismonde had called together, not so much for the agreement of the Church, as for hope of a general reformation of their manners: hoping verily that the Prelates would put to their helping hands, but the Roman craft, beguiling, the German simplicity: the new made Pope featly flouted the well meaning Emperor, saying that he would think on this matter at leisure, etc. Thus was Sigismonde the Emperor misused, which otherwise might seem to have been borne, to have restored Christianity to the world again. The frustrating of this reformation, was on the other side, no less grievous unto the French king, that both before the time of the Council, and in the council while, had greatly travailed in taking away the Pope's exactions, and other ecclesiastical abuses, wherewith his realm was wonderfully oppressed: as appeareth in the oration that the French kings Ambassadors made in this Council, written by Nico. de Clemangijs, and set forth in Orthwynus Gratius, farthel of notable things. After this Council, was an other holden at basil, whither came the Princes of Spain, France, Hungary, and Germany: which doings of the Princes made Pope Eugenius so to fear, that he thought to translate the Council to Bonomia. But the Emperor and other Princes, and the Prelates which were at basil, not only not obeyed him, but Nauclerus. twice or thrice admonished him to come thither. This Pope was in this Council deposed in the. 34. session. Of this Council, the Emperor Sigismonde was the chief, and protector, and in his absence appointed the Duke of Bavaria in his room. He caused the Bohemes to come to this Council. And when he heard of those matters in Religion, which Nauclerus. were generally agreed upon, he allowed them, and commanded them to be observed. After the death of Sigismonde, Fredrick the Emperor caused the Duke of Savoy, that was made Pope, to renounce his Papacy, and commanded by his Decree, the Prelates gathered at basil, to dissolve the Council by a certain day. This Emperor Nauclerus. called a Council at Mentze, to make an end, and utterly to take away the Schism of the Church, and to deliver it from more grievous dangers. He writeth to the French King thereof, declaring how this Schism did so oppress his mind, and fervently Orth. Grat. solicit him, that as well for his love to Religion, as for his office called of God, to be the chief advocate of the Church, he did not only run with diligence to secure it, but stirred up all kings and Princes, that with a pure sincerity, delighted in the name of Christ, to run with him in this so necessary and healthful a work, and to this purpose, he declareth how, he hath appointed to all his princes and Prelates an assembly at Mentze, whereat he intendeth, to be personally present, and therefore desireth the French king also to be there in his own person, or at the least that he would send his Orators thither, instructed distinctly with all ways and means, by the which the Church might be quiet from the calamities ready to fall on her. Pope Eugenius sent to the French king, to desire him to take away his pragmatical Law. To whom the king answered, that he would have it kept inviolately. Orth. Gra. Then the Pope desired the king, neither to admit basil council, nor yet the council at Mentze, that was called: to the which the king answered, that he would take advise. Pius the second, sent his Legate the Cardinal of Cusa, into the countries of Sigismond Duke of Austria, which Legate, Paral. Vrsp. when he would have ordained certain Ecclesiastical constitutions according to the Pope's Law: Sigismonde the Duke, would not suffer that such a custom should come into Germany. Aeneas Silvius, who after he was made Pope, was called Pius the second, was of this mind before he was Pope, that secular Princes might call counsels, yea, maugre the Pope's head, and therefore commendeth that devise of Charles the French king which (saith he) is both a saulf and Epist. 54. add Cancel. Imp. a short way to still this mischief. He meaneth to take away the Schism, and to restore unity to the Church. Of the same mind also was his Cardinal de Cusa, as appeareth in his book De Concordia Catholica, saying: By that Li. 3. ca 13. which is aforesaid, it is gathered, that the holy Emperors always, made the synodal congregations of universal counsels of the whole Church: and even so I myself, having sought thoroughly the Acts of all the universal councils, even till the eight council inclusive, celebrated in the time of Basil, I have found it to be true: and so also in the same eight Synod in the fift Act thereof, we read, that the most reverend priest Elias and Syncellus, of the throne of Jerusalem in the hearing of all, spoke thus: Know you that in the times past, they were the Emperors, which gathered together Synods from out of the whole world, and they collected their deputies, to the disposing of such manner causes: Whose steps therefore our Emperor following, being also a worshipper of God, hath made this universal Synod. Thus said he there, and I have also red in the little gloss of Anastasius (the library keeper of the Apostolical sea, who translated the same Synod out of Greek) upon the same, saying: that Themperors were wont together universal Synods from all the world, etc. Next unto Fredrick was Maximilian Emperor, to whom the Princes of Germany put up certain grievances in Ecclesiastical matters, that annoyed the Empire, in number. 10. Against Bulls, Privileges, Elections, reservations, expectatives, Annates, unfit pastors, pardons, tithes, & the spiritual courts &c. beseeching him, to have some redress herein. Who being moved with the admonitions, advisements and exhortations of the learned Clergy, & the godly Princes, at the length called a council at Triers & Colayn, for the redress of these and other enormities, in the year of the Lord. 1512. which was the fourth year of the reign of the most renowned king of England, king Henry the eight. In this council amongst other things, because there was a suspicion of a Schism breeding, and of Paral. Vrsp. grievances in the Church, it was necessarily decreed, that the Emperor and Princes electors, with other Princes and states of Thempire, should look about them, and well consult by what means, these grieves might be taken away most commodiously, and the Schism removed, and evil things reform to edification. It was decreed also against blasphemers, to pay either a some of money limited, or to suffer death. And that all men should know this decree, it was thought good to the Princes, and states of the Empire, that all preachers and persons, should at all high feasts preach unto the people thereof faithfully. This being done, Maximilian set forth a decree for the taking away of the foresaid Ecclesiastical grievances: wherein he declareth that though of clemency he have suffered the Pope & Orth. Gr●. the Clergy herein, as did his father Frederik: Yet not withstanding, sith that by his liberality, the worship and service of God, hath fallen to decay, it appertaineth unto his duty, whom God hath chosen unto the Imperial throne of Rome, that amongst all other most great businesses of peace and wars, that he also look about him vigilantly, that the Church perish not, that Religion decay not, that the worship of the service of God, be not diminished, etc. In consideration whereof, he provideth, that a man having in any city a Canonship or Vicarship, enjoy not any prehende of an other Church in the same city, etc. making other decrees against suing in the Ecclesiastical courts for benefices, for defence of Lay men's patronages, for pensions, against bulls, and cloaked Simony, etc. After this, the Emperor & jews the French king, concluded together to call a general council at Pisa: to the which also agreed a great part of the Pope's Cardinals. Many (saith Sabellicus) began to abhor the Pope's Courts, saying that all things were there defiled with filthy lucre, with monstrous and wicked lusts, with poisonings, Sacrileges, murders, and simoniacal fairs, and that Pope julius himself was a Symoniake, a drunkard, a beast, a worldling, and unworthily occupied the place, to the destruction of Christendom, and that there was no remedy, but a general Council to be called, to help these mischiefs, to the which his Cardinals according to his oath, desired him, but they could not obtain it of him. Maximilian the Emperor, being the author of it, with jews the French king (because the histories do bear record, that in times past the Emperors of Rome had wont to appoint counsels) they appoint a council to be holden at Pisa. Maximilian the Emperor, jews the French king, and other Princes beyond the seas, were not more carefully bend, and moved by their learned men to reform by their authority the abuses about Church matters, than was king Henry the eight, at the same time king of England, of most famous memory, who following the humble suits and petitions of his learned Clergy, agreeing thereupon by uniform consent in their convocation, took upon him that authority and government in all manner matters or causes Ecclesiastical, which they assured him to belong unto his estate, both by the word of God, and by the ancient Laws of the Church: and therefore promised unto him, in verbo sacerdotii, by their priesthood, not to do any thing in their councils wiehout his assent, etc. And this Clergy was not only of Divines, but also of the wisest, most expert and best learned in the Civil and Canon Laws, that was then or hath been sense, as D. Tonstal Bishop of Duresme, D. Stokesley B. of London, D. Gardiner Bishop of Wynton. D. Thirleby Bishop of Westminster, and after of Norwiche, & your old master D. Bonner, who succeeded Stokesley, in the sea of London, and many others: by whose advise & consent, there was at that time also a learned book made & published, De vera differentia Regiae potestatis & Ecclesiasticae, which I doubt not but ye have seen long sithen. Neither was this a new devise of theirs to please the king with all, or their opinion only, but it was and is the judgement of the most learned civilians and canonists, that, when the Clergy are faulty or negligent, it appertaineth to the Emperor to call general councils for the reformation of the Church causes, as Philippus Decius a famous Lawyer affirmeth. And the Glossator upon this Canon Principes, affirmeth that the Princes have jurisdiction in divers sorts within Cons. 1●1. the Church over the Clergy, when they be stubborn, ambitious, subverters of the faith, falsaries, makers of Schisms, contemners of excommunication: yea also wherein so ever, the Ecclesiastical power faileth or is to weak as in this Decree. He meaneth where the power of the Church by the word of doctrine prevaileth not, therein must the Prince's authority and jurisdiction take order for that is the plain proviso in the decree. The words of the decree are as follow. The secular Princes have oftentimes within the Church the highest authority, that they may 23. q. 5. fence by that power, the Ecclesiastical discipline. But within the Church the powers (of Princes) should not be necessary, saving that, that thing which the Priests are not able to do, by the word of doctrine, the power (of the Prince) may * There is divers readings: Imperet or Impetret. command, or obtain that, by the terror of discipline: The heavenly kingdom doth oftentimes prevail or go forward by the earthly kingdom, that those which being within the Church do against the faith and discipline, may be brought under by the rigour of Princes: and that the power of the Princes, may lay upon the necks of the proud, that same discipline, which the profit of the Church is not able to exercise: and that he bestow the force of his authority, whereby to deserve worship. Let the Princes of the world well know, that The Princes shall give an account to God, for the Church, and the discipline thereof. they of duty shall render an account to God for the Church, which they have taken of Christ to preserve. For whether the peace and discipline of the Church be increased by faithful Princes, or it be loosed: He doth exact of them an account, who hath delivered his Church to be committed to their power. To this effect also writeth Petrus Ferrariensis, a notable learned man in the Laws, saying: In form. libel. quo agitur ex subst. in verbo ex suo corpore. Thou ignorant man, thou oughtest to know that the Empire (the Emperor) once in times past, had both the swords, to wit, both the Temporal and Spiritual, in so much that the Emperors then bestowed all the Ecclesiastical benefices through the whole world, and more, they did choose the Pope, as it is in C. Adrianus dist. 63. And the same Petrus in an other place, saith thus: Mark after what sort and In form. respons. con. ad verb. tanq publ. ex come. n. 10. how many ways these Clergy men, do snare the Lay, and enlarge their own jurisdiction: but alas miserable Emperors and secular princes, which do suffer this and other things: you both make yourselves slaves to the Bishops, and ye see the world usurped by them infinite ways, and yet ye study not for remedy, because ye give no heed to wisdom and knowledge. As Petrus Ferrariensis attributeth both the swords, that is, both spiritual & temporal jurisdiction to the Emperor: So 10. Quintinus Heduus a famous professor of the law in Paris, & one that attributeth so much to the Pope as may be, & much more than aught to be, saith that: In solo Principe omnis est potestas: in the Prince alone is all power, and thereto avoucheth this saying of Speculator, In repetit. lect. de Christ. Civitatis Aristocra●ia. De iurisdict. omnium judicum: Quod quicquid est in regno, id esse intelligitur de jurisdictione Regis: that whatsoever is in a kingdom, that is understanded, to be under the jurisdiction of the king. To which purpose he citeth an ancient learned one in the Law whose name was Lotharius, who, saith he, did say: That the Prince is the fountain or wellspring of all jurisdiction, & protesteth also himself to be of the same mind: & writing of the kings power in Eccl. matters or causes, he citeth this Canon Quando vult Deus forth of the decrees, whereupon he as it were commenteth: saying, This is the reason wherefore, it is lawful ●●. q. ●. for the Prince, some while to determine those things which concern the Church, lest the honesty of the mother (he meaneth the Church) should in any thing be violated, or lest her tranquillity should be troubled specially of them, to whom she is committed (meaning the Church ministers). If there be any other thing, this chief is an Ecclesiastical matter, namely to call or convocate councils (saith Quintinus) But this is the opinion (saith he) of many learned men, that the Emperor may convocate a general Council, so often, and for any cause, when the Pope and the Cardinals be noted of any suspicion, and do for slow and cease, either for lack of skill: or peradventure of some evil meaning, or of both, or else when there is any Schism. Constantinus (saith he) called the first Nicene council, the other three general Councils, Gratianus, Theodosius, and Martianus the Emperors called by their edict. justinianus called the fift general council at Constantinople: the Emperor Constantine. 4. did convocate the sixth general Council against the Monothelytes. The authority of the king Theoderike commanded the Bishops and Priests forth of divers provinces to assemble together at Rome, for the purgation of Pope Symachus the first. Carolus Magnus, as it is in our Histories, commanded five Counsels to be celebrated for the Ecclesiastical state, to wit, Moguntinum, Remense, Cabilonense, Arelatense, and Turonense. The Pope calleth the bishops to Rome, or to some other place: the King doth forbid them to go, or he commandeth The king is to be obeyed in Ecclesiastical causes, and not the Pope. them to come to his Court or Council: the bishops must obey the kings precept, not only in this case, but in any other matter what so ever besides sin: for he that doth not observe his bounden fidèlitie to the king: whether he be a bishop, Priest, or Deacon, is to be thrown forth of his degree or place. For the proof whereof he citeth many Canons out of the decrees, and concludeth thus: to be brief, this is mine opinion: when the king calleth together the Prelates to a Council, and to reform the state of the Church, they are bound to obey, yea although the Pope forbid it. The people doth amend or reform the negligence of the pastor Can. vlt. dist. 65. Ergo, the Prince also may do the same. If the Bishop will not; or do foreslow to hear and to decide the controversies of his Clergy: the bishop being slow or carrying over long, nothing doth hinder or stay (saith the Canon) to ask Episcopale judicium, the bishoply judgement of the Emperor. If it happen that the Priests be not diligent about the Altar offices: if contemning the temple, neglecting the Sacrifices, they hasten into kings places, run to wrestling places, do profane themselves in brothels houses, and if they convert that which the faithful have offered to Christ, to the pleasures of themselves, and of theirs: wherefore shall not the princes, whom the Catholic Faith hath begotten, and taught in the bosom of the church, call again, and take upon themselves the care of this matter? and so he proveth at large by many examples out of the Histories, and the Laws, that this care and charged in Ecclesiastical matters and causes belongeth to the Princes, unto the which examples, he addeth this: In our Father's time, (saith he) King jews. 11. made a constitution, that archbishops, Bishops, abbots, and who so ever had dignities in the Church, or had the cure of other benefices, should within five months, resort to their Churches, and should not remove any more from thence, diligently there labouring in divine matters, and sacrifices for the saulfty of the king and his kingdom, and that under a great pain of losing all their goods and lands. Here Quintinus doth grievously complain of the dissolute and most corrupt manners of the Clergy, whereto he addeth, saying: wherefore than should not Princes compel this lewd idle kind of men to do their duties? If you delight in antiquities (saith he) no man doth doubt, but that in the primative Church, the Princes did judge both of the Ecclesiastical persons and causes: and did oftentimes make good Laws for the truth against falsehood. Arcadius and Honorius religious Princes do depose a troublesome Bishop both from his Bishopric, sea, and name. L. Quicunque: De Epis. & Cler. The. 13. first titles of the first book of justinian's Code, collected out of the Constitutions of divers Emperors, do plainly entreat and judge of those things which appertain to the Bishoply cure. For what pertaineth more to the office of a Bishop, than Faith? then Baptism? then the high Trinity? than the conversation of Monks? the ordaining of Clergy men and Bishops? and than many like laws, which doubtless: do concern our Religion, and Church. But the Novel Constitutions of the Emperor justinian are full of such Laws. And lest peradventure some man might suspect, that this was tyranny, or the oppression of the Church, john the Pope doth salute this Imperour, the most clement Son, learned in the Ecclesiastical disciplines, and the most Christian amongst Princes. Epist. inter claras. De sum a Trin. C. Childebertus the King of France, did exact of Pelagius. 2. the confession of his faith and Religion: the which the Pope both speedily and willingly did perform C. Sat agendum. 25. q. 1. When I was in Calabria, saith Quintinus, by chance I found a fragment of a certain book in Lombardy letters, having this inscription: Capitula Caroli. Then followeth an Epistle beginning thus: I Charles by the grace of God, and of his mercy, the King and governor of the kingdom of France, a devout defender of God's holy Church, and an humble helper thereof. To all the orders of the Ecclesiastical power, or the dignities of the secular power: greeting: And so reciteth all those Ecclesiastical Laws and constitutions, which I have written before in Charles the great. To all which, (saith Quintinus) as it were in manner of a conclusion, are these words put to: I will compel all men to live according to the Canons and rules of the Fathers. jews the Emperor, this Charles Son, kept a Synod wherein he forbade all Churchemen, sumptuousness or excess in apparel, vanities of jewels, and overmuch pomp. Anno Christi. 830. He also set forth a book, touching the manner and order of living for the Churchemen. I doubt not, (saith Quintinus) but the Church should use, and should be bound to such laws. (meaning, as Princes make in Ecclesiastical matters) Pope Leo. 3. (saith he) being accused by Campulus and Paschalis, did purge himself before Charles the great, being at Rome, and as yet not Emperor. Can. Auditum. 2. q. 4. Leo. 4. offereth himself to be reformed or amended, if he have done any thing amiss by the judgement of jews the French king, being Emperor. Can. Nos si incompetenter. 2. q. 7. Menna whom Gregory the great calleth most reverend brother and fellow Bishop, being now already purged before Gregory, is commanded a fresh to purge himself of the crime objected before Bruchinild the Queen of France Ca Menna. 2. q. 4. In which question also it is red, that Pope Sixtus 3. did purge himself before the Emperor Valentinian. Can. Mandastis. So also john. 22. Bishop of Rome was compelled by means of the The Pope an heretic compelled to recant before the French king. Divines of Paris, to recant before the French King Philippe, not without triumph, the which 10. Gerson telleth in a Sermon, De Pasc. The Pope's Heresy was that he thought, the Christian Souls not to be received into glory before the resurrection of the Bodies. Cresconius a noble man in Sicilia, had authority or power given him of Pelagius the Pope, over the Bishops in that Province, oppressing the Clergy with vexations. Can. Illud. 10. q. 3. The which Canon of the law, the Glossar doth interpret to be written to a secular Prince. in Ca Clericum Nullus. 11. q. 1. The abbots, Bishops, and the Popes themselves, in some time paste, were chosen by the kings provision. Ca Adrianus. 63. dist. And in the same Canon. Hinc est etiam. 16. q. 1. Gregorius wrote unto the Duke's Rodolph, and Bertulph, that they should in no wise receive priests defiled with whoredom or Simony, but that they should forbid them from the holy ministries. § Verum. 32. dist. in which place the interpreters do note, that lay-men sometimes may suspend Cleargymen from their office, by the Pope's commandment: yea also they may excommunicate, which is worthy of memory. Hitherto Quintinius a learned lawyer and a great maintainer of the Pope's jurisdiction, hath declared his opinion, and that agreeable to the Popes own Laws, that Princes may take upon them to govern in Ecclesiastical matters or causes. Besides these Lawyers, this was the common opinion of the chiefest writers of the common Law of this realm, as appeareth by Braughton in these words: Sunt & sub rege etc. Under the King are both free men and bondmen, and they Braughton. lib. 1. cap. de Papa. Archiepiscopis & alijs praelatis. be subject to his power, and are all under him, and he is a certain thing or creature that is under none but only under God. And again in the chapter the title whereof is this: Rex non habe● parem etc. The King hath no peer or equal in his kingdom: The king (saith he) in his kingdom hath no equal, for so might he lose his precept or authority of commanding, sith that an equal hath no rule or commandment over his equal: as for the King himself ought not to be under man but under God, and under the Law, because the Law maketh a King. Let the King therefore attribute that unto the Law, that the Law attributeth unto him, to wit, dominion and power. For he is not a King in whom will and not the law doth rule, and that he ought to be under the Law, Cum sit Dei vicarius, sith he is the vicar of God, it appeareth evidently by the likeness of jesus Christ, whose vicegerent he is in earth: and within a little after he concludeth thus: Igitur non debet maior esse eo in regno suo, Therefore there ought to be none greater than he in his kingdom. Thus have I sufficiently proved, that the Emperors and Kings, aught, have, and may claim, and take upon them such government, in Spiritual and Ecclesiastical causes and matters, as the queens Majesty now doth. In confirmation whereof I have been more large, than otherwise I would, but that the proof hereof doth reprove, and fully answer the principal matter of your whole book: and therefore I may use more briefness in that which followeth. I have made proof unto you, sufficient to remove your ignorance, both of the matter, and the way whereby to know, confessed by you in your Minor Proposition. And this have I done by the self same Means, that you require in your issue. I have made proof of the Supreme government in Ecclesiastical causes, to belong unto Kings and Princes, by the express commandment of God, where he did first describe & set forth, the duty and office of Kings. I have made the same more plain and manifest, by the examples of the most holy governors amongst God's people, as, Moses, josua, David, Saloman, josaphat, Ezechias, josias, the King of Ninive, Darius, and Nabugodonosor: who expressed this to be the true meaning of God's commandment, by their practice hereof, so highly commended even by the holy Ghost: whereunto I have added certain Prophecies, forth of David & isaiah: whereby it is manifestly proved, that the holy Ghost doth look for, exact, and challenge, this service and Supreme government in church causes, at Prince's hands. I have declared that the Catholic Church of Christ, did accept, and repute these histories of the old Testament, to be Figures and Prophecies, of the like government and service, to be required of the Kings, in the time of the New Testament: I have confirmed the same by the manifest Scriptures, of the New Testament: Whereunto I have adioygned, the testimonies of ancient Doctors, with certain examples of most godly Emperors, who being so taught by the most Catholic Fathers of Christ's Church, did rightly judge, that the vigilant care, oversight, and ordering of church causes, was the chiefest and best part of their ministery, and service unto the Lord. I have showed plainly, by the order of Supreme government in Church causes, practised, set forth, and allowed, in the greatest and best Councils, both General and national: that the same order of government, hath been claimed and put in ure by the Emperors, and allowed, and much commended by the whole number of the Catholic Bishops. I have made plain proof hereof, by the continual practice of the like Ecclesiastical government, claimed and used by the Kings and Princes, even until the time, that you yourself did allow, confess, and preach the same many years together: All which, to your more contentaci●n herein, I have prcoved by those Historiographers, that wrote not only before the time of Martin Luther, least ye might suspect them of partiality against you: but also such in deed, as were for the most part partial on your side, or rather wholly addict and mancipate to your holy Father: as, Platina, Nauclerus, Abbas Vrspurgensis, Sabellicus, Aeneas Silvius, Volateranus, Fabyan, Polychronicon, Petrus Bertrandus, Benno Cardinalis, Durandus, Paulus Aemylius, Martinus Poenitentiarius, Pontificale, Damafus, Polydorus Virgilius, etc. all your friends, and whom you may trust, I warrant you, on their word, being the Pope's sworn Vassals, his Chapplaynes, his Cardinals, his Chamberlains, his Secretaries, his Library keepers, his Penitentiaries, his Legates, his Peterpence gatherers, his sworn Monks and abbots, as well as you, and some of them Popes themselves, which, your friends say, can neither lie, nor err from the truth. And besides all these, the sour points of your issue, according to your request, proved at large, for the better reducing of you from wilful and malicious ignorance, to know and acknowledge the invincible truth hereof: I have added to your Petition, a fift point, which you term a work of Supererogation. For, to confirm my proofs with all, I have producted for witnesses, your best learned although otherwise Papishe, Civilian and Canon lawyers, who have deposed directly on my side against you: Namely D. Tunstall, D. Stokesley, D. Gardiner, D. Boner, D. Thirlbee, D. Decius, the Glossares upon the Law, D. Petrus Ecrrariensis, D. 10. Quintinus: to whom I might add the civilians and canonists that were in or toward the Arches in the latter end of king Henry, and all the time of king Edward, with all the Doctors & Proctors of or towards the Arches at this time. Wherefore you will now I trust, yield herein, & reckon yourself well satisfied, take upon you the knowledge hereof, and to be ready to testify the same upon a book oath, for so have you promised. M. Fekenham. The second chief point is, that I must upon a book oath, not only testify, but also declare in my conscience, that The second point. the Queen's Highness, is the only Supreme governor of this Realm, aswell in all Spiritual or Ecclesiastical things or causes, as Temporal. But upon a book oath to make any such declaration in conscience, it may not possible be without perjury, before that a man's conscience be persuaded thereunto: and therefore (my conscience being not as yet persuaded thereunto) I cannot praesently without most plain and manifest perjury, receive this Oath. The B. of Wynchester. As there is no difference in matter betwixt these two Propositions, I Testify in conscience, and I Declare in conscience, although to seem subtle, you would have the simple conceive, by way of amplification much diversity: Even so this which ye call the second chief point, varieth no whit in matter from the first, and therefore my former answer serveth to them both, if ye will needs make two in show, of that in very deed is but one. M. Fekenham. And for the persuasion of my conscience in this matter, I shall again join this issue with your L. That if your L. or any other learned man of this whole Realm, shallbe able to prove, that our Saviour Christ in his Gospel and Testament, did commit the supreme government of all Spiritual and Ecclesiastical causes in his Church, not unto his Apostles, being Bishops and Priests, but to Emperors and Empresses, Kings and Queens, being for the whole time of Christ's abode here upon the earth, idolaters and Infidels, and so continued for the space of. 300. years after the Ascension of Christ: Constantine the Emperor being the Constantine the first Emperor that did join his sword to the maintenance of God his word. Act. 20. very first Christian King, that we read of: when your L. shallbe able to prove this, either by sentence or half sentence, word or half word, of Christ's Ghospel and last Testament: Then I shall yield in this second point, and with most humble thanks, think myself well satisfied in conscience. And when your L. shallbe able to prove, that these words spoken of the Apostle Paul at Miletum, unto the Bishops of Ephesus: Attendite vobis & universo gregi, in quo posuit vos Spiritus Sanctus Episcopos, regere Ecclesiam Dei, quam acquisivit Sanguine suo: Take heed therefore unto yourselves, and unto the whole flock of Christ, whereof the holy ghost hath appointed or made you Bishops, to govern and rule the church of God, which he hath purchased with his blood. When your L. shallbe able to prove, that these words do not make so full and perfect decleration, that the holy ghost had so appointed all spiritual government of Christ's flock unto Bishops and Priests: But that Kings, Queens, or Princes, may have some part of Spiritual government with them, or rather take the Supremacy and chief part of Spiritual government from them: I shall then yield, and think myself in conscience well satisfied, touching the saying of S. Paul. The B. of Wynchester. That our Saviour Christ hath committed, the Supreme government in all Spiritual or Ecclesiastical causes, to the Magistrates and Princes, is already proved, by perfect words & whole sentences of Christ's Ghospel, and last Testament: & therefore if your stay hitherto, hath been of conscience unpersuaded through want of knowledge, & not of perverse opinion, maintained with the vain disyre of glory and reputation, you must needs yield, & be well satisfied in conscience. You avouch this argument as invincible. The Emperors & Empresses, Kings & Queens, were for the whole time of Christ's abode here upon the earth, idolaters, and infidels, and so continued by the space of. 300. years after the ascension of Christ: Constantinus the Emperor being the very first Christian king that we read of, Ergo, our Saviour Christ did not commit the supreme government in Spiritual or Ecclesiastical causes to Emperors, kings, & Princes. This argument holdeth good, neither in matter nor yet in form. There was in the time of Christ's abode here upon earth, if we may may believe Eusebius and Nicephorus the Nicep. li. 2. Ecclesiastical historians, a king in Edessa, whose name was Agbarus. This king believed in Christ, as Eusebius reporteth, Li. 1. ca 13. although as yet weakly. In his epistle which he wrote unto Christ, he saluteth Christ, to be jesus the good saviour: he thinketh by the miraculous works, which he hath herd done by Christ, that he is either God himself, or else God's son: and he offereth unto Christ such fruits of thankfulness, as so young and tender a faith, might for the time, bring forth. And Christ in his rescript unto Agbarus, affirmeth that he was no infidel or idolater, saying: Beatus es quòd in me credidisti, cùm non videris me: Agbare thou art blessed, because thou hast believed in me, when thou hast not seen me. Besides this your own self, have affirmed oftentimes, and so doth your Popish tales declare, that the three wise men, that came forth of the East, to worship the new borne king of the jews, were kings, and lie buried in the great doom at Colain, as the Colonistes make men to believe, called yet amongst the vulgar Papists, the three kings of Colayn. If there be any credit to be given, to the narration of Eusebius and Nicephorus, touching Agbarus' king of Edessa, and to the commonly received opinion of your Popish Church, concerning the three kings of Colayn, these four, were kings in the time of Christ's abode here in earth, and yet not idolaters nor infidels, all the whole time of Christ's abode here, but faithful worshippers of Christ: Whereby the former part of the matter in the antecedent of your argument is disproved. Neither is that true, which you put in the second part, that the Emperors and kings, continued idolaters for the space of. 300. years after Christis Ascension: For although for the most part, during that space, they were such, yet was there in that time some godly Princes that were otherwise given. Eusebius in his Li. 6. ca 34. Ecclesiastical history, maketh mention of one Philippus, a most Christian Emperor, of whom, and his son also, being Emperor with him, Abbas Vrspurgensis witnesseth, that they were the first of all the Roman Emperors, that became Christians, who also declared by their deeds and works, (as Abbas saith) that they had in them the fear of God, and the most perfect Christian faith. Constantinus also the Emperor, father to Constantine the great, did most diligently of all others, seek after God's favour, as Eusebius writeth of him. He did provide by his Lib. 1. De vit. Const. government, that his subjects did not only enjoy great peace and quietness, but also a pleasant conversation in holiness, and devotion towards God. idolaters and dissemblers in Religion, he banished out of his Court: and such as confessed God's truth, he retained and judged most worthy to be about an Emperor, commanding such to 〈◊〉 the guard, both of his person and dominion. He served and worshipped the only true God. He condemned the multitude of Gods that the wicked had. He fortified his house with the prayers of holy and faithful men; and he did so consecrate his Court and Palace, unto the service of God, that his household company, was a congregation or Church of God within his palace, having Gods ministers, and what s●●uer is requisite for a Christian Congregation▪ Polidor●● in his history of England, affirmeth also of this Lib. 2. Emperor, that he studied above all other things to increase the Christian Religion, who after his death was reckoned in the number of saints. To these few add Lucius a king of our own country, who although he was not in might comparable to Constantine the mighty Emperor, yet in zeal towards God, in abolishing idolatry and false Religion, in winning and drawing his subjects by all means to the Christian faith, in maintaining and defending the sincere Christianity to the uttermost of his power, he was equal with Constantine, and in this point did excel him, that he long before Constantine broke the Ice, gave the onset, and shaped a pattern for Constantine to follow, whereby to work that in other parts which he had achieved within his own dominion. This noble king, of very love to true Religion, as Polydore testifieth of him, Procured himself and his subjects to be baptized, caused his nation to be the first of all other Provinces, that received the Gospel pupliquely, did draw his people to the knowledge of the true God, banished at ones all manner of profane worshipping of Gods, and commanded it to be left. Converted the temples of the idolaters, to be Churches for the Christians. And to be short, he employed and did bestow all his service and power most willingly to the furtherance and increase of the Christian Religion, which he planted most sincerely throughout his country: and so left it at his death, almost an hundredth years before Constantine was Emperor: and therefore untruly said of you, that Constantine was the very first Christian king, that joined his sword to the maintenance of God's word. Scythe this king Lucius, so long before Constantine, did not only these things, that Polidore ascribeth unto him, but also did them of his own authority, with out any knowledge or consent of the Pope. Nor Eleutherius then Bishop of Rome, to whom afterwards king Lucius did write, to see some of Caesar's and the Roman Lawe●, was any thing offended with the kings doings, but greatly commending him therein, counseled him not to stand upon the Roman laws, which, saith the Pope, might be reprehended: but as he began without them, so to go on, & draw Laws alonely out of the Scripture, which afterwards more at large, the Saxon kings, as, june & Aluredus did. The epistle of Pope Eleutherius to king Lucius is, as followeth, Peristis a nobis, etc. You have desired of us, that the Roman Laws, and the Laws of Caesar, might be sent over to you, the which ye would have used in (your) kingdom of Brytanie. We may at all times reprove the Roman Laws, and the Laws of Caesar, the law of God we can not. For ye have received of late (by the divine mercy) in your kingdom of Brytanie, the Law and faith of Christ. Ye have with you in (your) kingdom, both the old and new testament: take out of them the Law (by the grace of God) through the council of your kingdom, and by it (through God's sufferance) shallye rule (your) kingdom of Brytanie, for you are the vicar of God in (your) kingdom, according to the Prophet king: The earth is the Lords, and all that therein is, the compass of the world, and they that dwell therein. And again, according to the Prophet king: Thou haste loved righteousness, and hated iniquity, wherefore God, even thy God hath anointed thee with the oil of gladness above thy fellows. And again according to the Prophet king: give the king thy judgement O God, and thy righteousness unto the king's son. For it is not: give the judgement and righteousness of Caesar, for the Christian nations and people of (your) kingdom, are the kings sons, which dwell and consist in your kingdom, under your protection and peace, according to the Gospel, even as the hen gathereth together her chickens under her wings. The nations in deed of the kingdom of Brytanie, and the people are yours, and whom, being divided, you ought to gather together, to concord and peace, and to the faith, and to the Law of Christ, and to the holy Church, to revoke, cherish, maintain, protect rule, and always defend them, both from the injurious persons and malicious, and from his enemies. Woe be to the kingdom whose king is a child, and whose Princes banquet early, a king I name not for his small and tender age, but for folly and wickedness, and madness, according to the Prophet king: bloodthirsty and deceitful men, shall not live out half their days. By banqueting, we understand gluttony, through gluttony, riotousness, through riotousness all filthy and evil things, according to king Solomon: wisdom shall not enter into a froward soul, nor dwell in the body that is subdued unto sin. A king is named of ruling and not of a kingdom, so long as thou rulest well, thou shalt be king, which unless thou do, the name of a king shall not consist in thee, and thou shalt lose the name of a king, which God forbid. Almighty God give unto you, so to rule your kingdom of Britanny, that ye may reign with him for ever, whose vicar ye are in the kingdom aforesaid. Who with the father. etc. Thus it is made manifest, that both your argument faileth in truth of matter, and you yourself were beguiled through ignorance, by want of reading. But put the case that your antecedent were true, yet is it a faulty fallax made à dicto secundum quid, ad simpliciter, and the consequent followeth not, for that there is more contained in the conclusion, than the antecedent doth comprehend, which is such an evil favoured form of argument, that young students in the schools would be ashamed thereof. The Donatists made the like objection against the catholic fathers, whereto S. Augustine maketh this answer. The state of the Apostles time, is otherwise to be thought of, than this time, all things must be done in their time: In Epist. 50. the Apostles time, this prophecy was yet in fulfilling: wherefore do the Psalm. 2. Heathen rage, and the people muse upon vain things? The kings of the earth set themselves, and the Princes consult together against the Lord and his Christ. As yet that was not in hand which is spoken a little after in the same psalm: and now ye kings understand, be learned ye judges on the earth, serve the Lord in fear, and joy in him with reverence. Therefore seeing that as yet in the Apostles time, kings served not the Lord, but still did devise vain things against God and his Christ, that all the foresayings of the Prophet might be fulfilled, than truly impieties could not be inhibited by prince's Laws, but rather be maintained. For such was the order of the times, that both the jews should kill the preachers of Christ, thinking to do God good service therein as Christ had forspoken: and also the gentiles should rage's against the Christians, that the martyrs might win the victory through patience. But after that this began to be fulfilled which is written: And all the kings of the earth shall worship him and all the nations shall serve him: what man unless he be not well in his wits, Psalm. 71. will say that Kings ought not to have a special regard for the Church of Christ, and all manner godliness amongst their subjects? You frame an other reason upon S. Paul's words unto the Bishops of Ephesus: whereby to prove, that all government in spiritual or ecclesiastical causes, belongeth to Bishops and Priests, and not to Princes, and Civil Magistrates, thus you argue: The holy ghost appointed all spiritual government of Christ's flock unto Bishops & Priests, as the words spoken by S. Paul, do make full and perfect declaration: Ergo, Kings, Queens, and Princes, may not claim or take upon them any part of Spiritual government, much less take the supremacy, and chief part of spiritual government from them. For answer, I deny this argument, for it is a naughty and deceitful Sophistication, called, Fallacia aequivocationis. There is equivocation in this word (Priests) and also in these words to govern and rule the Church of God. This word Priest, hath diverse significations which are to be observed: lest the simple readers be confirmed or brought into error through the equivocation therein. The Scripture speaketh of a priesthood after the order of A●ron: after which order you will not confess the Apostles, and the Bishops their successors to be Priests, an other kind of Priesthood is, after the order of Melchisedech, and Christ only without any successor in the Priesthood, Hebr. 7. was the alone Priest of that order. The third kind is an holy and princely Priesthood, of the which order not only the Apostles and their true successors, but also Kings, Queens, Princes & all manner of faithful Christians are Priests. There is in common opinion amongst the Papists, a fourth kind, which is a massing & sacrificing priesthood: after which order, Christ's Apostles, & the true ministers of his Church were never priests: for the order belongeth only to the Apostolical Clergy of the romish Antichrist. If your meaning therefore be, the Christ left any kind of government or rule of his Church to Bishops & Priests, after this popish order, your opinion is heretical, & your assertion utterly false. Therefore where I shall afterwards in my speaking call the ministers of Christ's Church, Priests, I give you to understand, that I do therein but follow the usual, & accustomed kind of speech which is impropre although in long use. Likewise to govern and rule the Church of God: is of two kinds & sorts, the one is by the supreme authority & power of the sword, to guide, care, provide, direct & aid God's Church, to further, maintain & set foorth the true Religion, unity & quietness of God's Church: & to oversee, visit, reform, restrain, amend & correct all manner persons, with all manner errors, superstitions, heresies, schisms, abuses, offences, contempts & enormities in or about God's Church. Which government & rule appertaineth only to Kings, Queens, and Princes, and not to the Apostles Bishops and Priests: whereof S. Paul speaketh nothing at all in this sentence by you alleged to the Bishops of Ephesus. The other sort is to feed the flock of Christ with the Spiritual food of God's word, which is the only rule and government that belongeth to the Apostles, Bishops & ministers of Christ's Church, & of none other manner rule speaketh S. Paul to the Bishops of Ephesus, which he maketh most plain, both by that express words of the sentence avouched, & also by the whole circumstance of the same place. The word the S. Paul useth, doth properly signify to feed, as the sheapeherde feedeth his sheep, & by a figurative speech to guide, govern or rule: & therefore if you would have dealt plainly, and have uttered S. Paul's meaning according to his proper speech, where you say, To govern and rule, doubling the words as it were to amplify the matter, that the truth might less appear, you ought to have said, to feed the Church of God, for that is the Apostles proper saying, & so the old translator of Chrysostom doth translate it upon the Epistle to the Ephesians & also expounding Cap. 4. Act. 24. this same place of the Acts of the Apostles, ut pascatis Ecclesiam, to feed the Church. S. Peter making the like exhortation, to this of S. Paul, to the Bishops dispersed, useth the self same word, saying: Pascite quantum in vobis est gregem Christi: Feed so much as you may, the flock of Christ. Christ himself also teaching Peter, & all other Bishops, what manner of rule & government, as properly given them by God's word, they should have in the Church, doth express it, with the self same word, saying: Pasce agnos meos, feed joan. 21. my Lambs. To rule & govern the L. household faithfully and prudently, Christ expoundeth to be nothing else in general, than to give meat unto his family in due season. Neither Math. 24. did our saviour Christ give other power, authority or commission unto his apostles, & so to all other Bishops as properly belonging and only to the Bishoply office, than this: As my Father sent me, so I send you, receive the holy ghost, joan. 20. whose sins ye remit, they are remitted, whose sins ye retain, they are retained, go therefore and teach all nations, baptizing them in Math. 28. the name of the Father, and of the Son, and of the holy Ghost: teaching them to observe all things, that I have commanded you. So that the Bishoply rule and government of God's Church, consisteth in these three points, to feed the Church with God's word, to Minister Christ's Sacraments, and to bind and lose: all which three parts, Christ comprehendeth under this one saying: to give meat to the lords family in due season. And S. Paul in these words, to feed the Church of God. The circumstance of the sentence which you alleged forth of the Acts, doth also show in the example of Paul himself, who was inferior to none of the Apostles, and Church ministers in any point, that he claimed or took upon him none other rule or government, than of feeding God's Church with the spiritual food of the Gospel. He setteth forth the execution of his own office, and by that example moveth the Bishops of Ephesus to the like, saying: I have served the Lord with all humbleness of mind: I have left nothing undone, that might be profitable to you: but I have declared and taught you openly and privily the repentance and faith in God, and jesus Christ. I received an office of ministry from the Lord jesus, to testify the gospel of God's grace and to preach the kingdom of God. I have hidden nothing of God's council from you. Take heed therefore to yourselves, and to Christ's flock (as I have done) whereof the holy Ghost hath appointed you bishops (as he did me) to feed the Church of God, (as you know and see that I have done). This that you call to govern and rule, was with Paul to serve with lowliness, to minister with watchfulness: to preach, teach and testify the Gospel, and the kingdom of God publicly and privately, and to show, to the flock all the Council of God, touching their salvation, keeping nothing thereof back from them. To govern the Church of God after this sort belongeth to the only office of Bishops and Church ministers, and not to Kings, Queens and Princes, who may not, neither do, claim or take upon them, this kind of spiritual government and rule, or any part thereof with the Bishops, neither do they take the supremacy and chief part of this spiritual government from the Church ministers. As contrary wise the Church ministers, ought not to claim and take upon them the supremacy of government, as the Papists of long time have done from Kings, Queens, and Princes. M. Fekenham. And when your L. shallbe able to prove that these words of the Apostle Paul, and by him written in his Epistle unto the Hebrewes: Obedite praepositis vestris & subiacete Heb. 13. eye, ipsi enim pervigilant, quasi rationem pro animabus vestris reddituri, ut cum gaudio hoc faciant, & non gementes. Do ye obey your spiritual governors, and submit yourselves unto them, for they watch, as men which must give account for your souls: that they may do it with joy, and not with grief. When your L. shallbe able to prove, that these words were not written of the Apostle Paul, aswell for all Christian Emperors, Kings and Queens, as for the inferior sort of people, than shall I in like manner yield touching that text of Paul, and think myself very well satisfied. The B. of Wynchester. No man hath or doth deny, that the Church ministers hath to govern the flock by preaching, and feeding with the word, which is the rule or government, that Paul speaketh of in this place also: whereto all Princes are and aught to be subject and obedient. For this subjection and obedience, to the word of the Ghospel, taught, and preached by the Bishops, sitting in Christ's chair, which is the whole rule and government they have or aught to claim as proper to their calling is commanded so well to Princes, as to the inferior sort of the people, as you say truly, although your cause is no deal helped, nor my assertion any whit improved thereby. M. Fekenham. And when your L. shallbe able to prove that these words of Paul. Mulieres in Ecclesijs taceant etc. Let the women 1. Cor. 14. keep silence in the Church: for it is not permitted unto them there to speak: but let them live under obedience like as the Law of God appointeth them, and if they be desirous to learn any thing, let them ask their husbands at home, for it is a shameful and rebukeful thing for a woman to speak in the Church of Christ. When your L. shallbe able to prove, that these words of Paul, were not aswell spoken of Queens, Duchess', and of noble Women, as of the mean and inferior sort of women: Like as these words of almighty God, spoken in the plague and punishment first unto our mother Eve for her offence, and secondarily by her unto all women without exception, vidꝪ. Multiplicabo aerumnas etc. I shall increase thy dolours, sorrows and conceivings, and in pain and travail, Gene 3. thou shalt bring forth thy children, and thou shalt live under the authority and power of thy husband, and he shall have the government and dominion over thee. When your L. shallbe able to prove, any exception to be made either in these words spoken in the old Law by the mouth of God: either in the words before spoken of the Apostle Paul in the new: than I shall in like manner yield, and with most humble thanks, think myself very well satisfied in conscience, not only touching all the afore alleged testimonies, but also in this second chief point. The B. of Wynchester. I do grant the words of the holy Scriptures in both these places to be spoken to all states of women without exception. But what make they for your purpose, how do they conclude and confirm your cause? Women must be silent in the Church, and are not permitted to speak: That is as your own doctor Nicol. de Lyra expoundeth it, Women must not teach and preach the doctrine in the Church, neither dispute openly: Therefore our Saviour Christ did not commit to Kings, Queens and Princes, the authority to have and take upon them any part of government in Ecclesiastical causes. As though a young Novice of your monkish order should have argued: Nuns must keep silence, and may not speak in the cloisture, nor yet at dinner time in the fraytry: therefore your deceiver the Pope did not commit authority to his provincials, abbots, Priors, and Prioresses, to have and take upon them the government under himself in monkish and Nunnishe causes and matters? What man would have thought Master Feckenham to have had so little consideration, although unlearned, as to vouch the silence of women in the Church, for a reason to improve the authority of Princes in Church causes? M. Fekenham. The third chief point is: that I must not only swear upon the Evangelists, that no foreign person, state or The third point. potentate, hath or aught to have any power or authority Ecclesiastical or Spiritual within this Realm: but also by virtue of the same Oath, I must renounce all foreign power and authorities which for a Christian man to do, is directly against these two Articles of our Crede. Credo sanctam Ecclesiam catholicam: I do believe the holy catholic Church. Credo Sanctorum Communionem: I do believe the Communion of Saints. And that there is a participation and communion amongst all the believers of Christ's Church, which of the Apostle Paul are called Saints. Adiuro vos per Dominum 1. Thess. 5. ut legatur haec Epistola omnibus sanctis fratribus. And herein I do join this issue with your L. that when your L. shallbe able to prove by Scripture, Doctor, General council, or by the continual practice of any one Church, or part of all Christendom, that by the first article, I believe the holy catholic Church, is meant only, that there is a Catholic Church of Christ, and not so that by the same Article, every Christian man is bound to be subject and obedient to the catholic Church, like as every member ought to have obedience unto the whole mystical Body of Christ. And further when you shallbe able to prove by the second Article: I do believe the Communion of Saints, is not so meant, that a Christian man ought to believe such atonement, such a participation and communion, to be amongst all believers and members of Christ's catholic Church in doctrine, in Faith, in Religion, and Sacraments, but that it is lawful for us of this Realm therein to dissent from the catholic Church of Christ dispersed in all other Realms: and that by a corporal Oath it is lawful for us to renounce, and refuse to have communion with the catholic Church so dispersed, because it is a foreign authority and power out of this Realm: when so ever your L. shallbe able to prove this▪ by Scripture, Doctor, General council: or yet by continual practice of any one Church, or part of all Christendom: Than shall I in like manner, yield in this third point, and with most humble thanks, shall think my seife very well satisfied therein. The B. of Wynchester. This third chief point is nothing else, but a misshapened lump of words: containing first an argument grounded upon a kind of Opposition, that no wise or learned man ever red of, but is newly forged and hammered out of your own brain: Then, an issue, to have me prove that thing, which being rightly understanded no Christian doth doubt of, or will deny. And last of all, an huge heap of flat and manifest Lies against the whole Realm, to set a good face upon an evil favoured cause, which can find no help or ease by plain and simple truth. The weighty burden, that you are laden with & can not bear, is that you must by oath renounce all foreign power and authority: the cause that maketh you faint and feeble, is, that it is directly against two articles of our Creed: So that your feeble reason is grounded after your simple skill upon the place, ab apositis & pugnantibus. Before I answer to the argument, I will put the Reader in remembrance of the division which you make, chopping & changing one article into twain, to make some show of an heinous matter. Surely it were overmuch detestable, if you were moved to swear but against one article of our Crede, as ye were never moved by me, either to or fro, to swear any thing at all. There be three symbols or Credes, which have been allowed and received of Christ's catholic Church. The Clemens in compend. defied. symbol of the Apostles, of the Nicen council, and of Athanasius. The Apostolical is so called, because it was collected (as some say) by the twelve Apostles, and therefore containeth (as the commonly received opinion is in Christis Church) according to the number of the. xtj. Apostles, but twelve articles, which are called in the usual speech of the catholic Christians, the twelve articles of our Crede or belief. If this, I believe the communion of saints, be a several article from this, I believe the holy catholic Church, as you do fantasy, than there must needs be at the least thirteen articles of the Crede, contrary to the universally received opinion of the catholic Church. You were wont to stay yourself much upon the custom of the catholic Church, and would urge stiffly, although not so truly the universally received opinion of the catholic Church, as a matter that might not be rejected, or denied: and how chanceth it now, that you are become such a changeling, that clean contrary to the use of the catholic Church, which acknowledged but twelve, you will make thirteen articles of the creed at the least? Besides this, the catholic Church in the time of Cyprian and Augustine, and before also, did not reckon or judge these to be two several articles, but did count them one article, concluding these words, the communion of Saints, in this sentence, I believe a catholic Church of Christ, reciting the Symbol without rehearsal or mentioning, the communion of Saints, as it is plainly set forth by S. Cyprian and Augustine, in their expositions of the Apostolical creed. The matter meant by the communion of Saints, is uttered in these words: I believe an holy catholic Church of Christ. Whereunto hath been added sense these ancient father's times, as it may seem by the way of explication, a communion of Saints, to express in plainness of speech, that Christ's catholic Church, is nothing else, but a fellowship, and communion of faithful ones, which are saints. Now let us see how to swear, as this third chief point of the oath setteth forth, is directly against this article of our creed, I believe the holy catholic Church, the communion of Saints. All true subjects ought and must renounce and forsake all foreign jurisdictions, powers, superiority, pre-eminences and authorities of every foreign Prince, and Prelate, state or Potentate. This is the proposition of that part of the oath: to the which adjoin this proposition, all true subjects ought and must believe, an holy catholic Church of Christ, the communion of Saints. Espy now what opposition is betwixt these two propositions, that they may not both match together, and be verified in one true and faithful subject. The one, say you, is directly against the other. Then say I, there is a direct opposition & repugnancy betwixt them, by due examination we shall find out the opposition. Try the parts of these propositions severally without the verb that coupleth them together, and you shall not find any opposition, either contrary relative, privative, or disparate: join them together with the verb that coupleth, & being propositions, they are not one against the other contrary, subcontrary, subaltern nor contradictory, and therefore untruly, & no less unskilfully babbled of you, that the one is directly against the other, when a young scholar that hath red but the rudiments of his Logic, could have seen & judged, that there is in them no opposition or repugnancy at all. To renounce and forsake Antichrist & his Church by oath or otherwise, and to believe in Christ and rightfully to acknowledge his holy catholic Church by all manner of ways, standeth neither directly nor indirectly one against the other, but are matched together & agreeth jump one with the other. Surely your eyes were not matches, neither were your wits at home, when you spied cut this repugnancy, if you had not published this learned piece of work, your friends should never have known, what an huge heap of cunning & knowledge, is hidden in that little head of yours. The demand in your issue is easily proved by the description or definition of Christ's true Catholic Church. The catholic Church of Christ is a multitude, society and communion of Saints and The diffinâtion of the catholic Church. faithful ones, that have been, shallbe, and are now on live in the earth, how and wheresoever they be divided, and dispersed in time and place, the which multitude of Saints, have a participation in common amongst themselves of all good things, given, granted, and growing from God through Christ, of spirit, faith, Sacraments, prayer, remission of sins, and heavenly bliss: and are united to Christ their head by faith, and fastened together amongst themselves, as members of one body with the bond of love. To this catholic church, every Christian man is bound to be subject and obedient as a member ought, and may be subject and obedient to the body. And we do teach and confess in this Church such an atonement, participation, and communion, among all the members in doctrine, faith, Religion, and Sacraments, that neither this, nor any other Realm, may lawfully dissent from this Church, or renounce and refuse to have communion therewith, as God be praised we of this Realm do now show ourselves by all Christian means, never more at any time, to agree and consent in the unity of this catholic Church, in necessary doctrine, right faith, true Religion, and the right use of Christ's Sacraments. The foul lies that you heap together, wherewith shamefully to defoil your own nest and native country, needeth none other confutation, than only to make them plain to be seen and judged of all men, that the Realm may be sorry, that ever it nestled so unnatural and filthy a bird, and your friends ashamed of so malicious and impudent a L●ar. This is a lewd Lie, that this Realm dissenteth from the catholic Church in the forenamed points. This is a shameful Lie, that by corporal oath or any other ways, we renounce and refuse to have communion with the catholic Church of Christ. And this is a monstruous Lie, that the catholic Church is a foreign authority and power out of this Realm. Who was ever so mad, as once to think, or so doltish as to speak any thing against the catholic Church, but specially to forsake it, and that because it is a foreign power and authority. The Oath maketh no mention in any one word, of the Catholic Church, it speaketh of a foreign Prince, Prelate, and Potentate, and so of the foreign Power and Authority of such a foreign state. Whereupon M. Fekenham concludeth as it were by Revelation, in a monkish dream, without rhyme or reason, that therefore the catholic Church is forsaken, as though there were no difference betwixt a foreign Prince, or prelate, and the Catholic Church: or that the Catholic Church might be called a foreign Power, or a forine authority to a Christian Realm. This is such a new kind of Divinity as was never heard or red of in any writer, no not in the legend of Golden Lies. M. Fekenham. The fourth and last point is, that I must swear to the observation of this Oath, not only to the Queen's highness The fourth point. and our sovereign Lady that now is, but also unto her heyers and successors Kings and Queens of this Realm. And because every Christian man ought to be careful to avoid perjury therein, I would right gladly know, that if any her highness successors should by the refusal of the said title of supremacy, bind her subjects by the like statute law unto the clean contrary (experience whereof was of late made here in this Realm) that it is yet fresh in the memories of all men: In this case I would right gladly know, what authority is able to dispense again with this Oath. And if there be none at all, than the subjects of this Realm in this case are bound and that by book Oath, to live in a continual disobedience to the Laws of their sovereign Lord or Lady, King or Queen: the case whereof is very Lamentable. And Christian charity would, that it should be foreseen and provided for. And for mine own pa●te being further touched herein than I have yet expressed) my very trust and hope is, that the charity of this our new reformed church here in this realm, shall not be found so cold and short, as in providing so sharp laws, ●nd pains of death to force men to take this Oath, of the Q. highness Supremacy, but that it will provide also such means and ways, whereby the subjects may receive the same with self conscience, and without all perjury. And in so doing, I shall most willingly submit myself, and receive also that part of the Oath. And shall further thereupon set forth the Q. highness Supremacy with all Titles and Praeroga●iues, both by pen and word of mouth, and that with as desirous heart, and glad will as any subject that is this day living in her highness Realm. So that of the premises ye may well understand, that there is in me no other cause of sta●e, touching the later part of this Oath, then very Conscience. And that I would before right gladly know (touching these forenamed points) how I might swear unto them, and not committee perjury therein. The B. of Wynchester. As every Christian man ought to be careful to avoid Perjury both in this & all other matters: even so wise men may well know what you mean by the conditional case ye put, of the refusal by her highness Successors of this Title: whereto the Holy Ghost maketh you this plain answer: Spes Hypocritae peribit: The Hypocrites hope shall perish. job. 8. You sprinkle this doubtful case, with a powder of late experience, which seasoneth your matter, De facto, non de jure. For it is not lawful for any christian Prince to refuse this Supremacy, which is the best part of his princely Ministry, & service unto God. Neither may he more bind his subjects by law to become sworn to the Pope and Popery, than to the great Turk and Turkery. For that the Pope is a more perilous enemy unto Christ, than the Turk: and Popery much more Idolatrous, then Turkery. And therefore there is no humane authority, that can dispense with the violation of this lawful Oath, made of duty unto the Christian Prince. This is a lamentable case I grant, that subjects should live in continual disobedience to the Laws of the Prince, whether it happen for that the Laws be so ungodly, that a Christian subject may not with good conscience obey them (experience whereof was of late made here in this Realm.) Or for that the stubborness of the subject maintained with a wicked, and yet a vain hope, be so stiff, that wilfully he liveth in a continual disobedience to the Godly laws of his sovereign, whereof experience is made now at this time in you, and a few others of your conspiracy. There is good cause, why ye should have your very trust and hope (as you say ye have, how ungratiousely so ever ye think) assured of the charity of our Church newly reformed after the rule of God's word, whereat ye Popish swine grunt & groin. For you, in your own self, have perfect experience, that the Supreme governor under Christ of this Realm, following the example of her heavenly Father, doth bountifully, of her goodness, with much more patience, and long suffering, allure you to dutiful repentance. And hath further provided sundry means and ways, whereby to remove your wilful ignorance, and to endue you with sufficient knowledge of the truth, how ye might with self conscience receive this dutiful Oath of a true subject, without all perjury. M. Fekenham. HERE followeth the Resolutions of the aforesaid Scruples, made by my L. Bishop of Winchester. For a resolute answer to all the said Scruples, expressed in the forenamed points, his L. said, that he did much lament, that the right meaning of the Oath, had not been in season opened and declared unto me, when the only lack of the right understanding thereof, hath been the cause of such stays and distourbaunce of conscience. Whereas the Q. majesties meaning in that Oath, is far otherwise than the express words are as they Lie Verbatim, like as it doth well appear by her highness interpretation made thereof in her Injunctions. Thereunto my objection was, that undoubtedly her Highness did fully mean and mind to claim and take all spiritual government upon her: for besides the express words of the Oath, whereunto all men be bound to swear Verbatim▪ as they, Lie without all change and alteration making of any word or sense thereof, her highness (in the Interpretation set forth in her Injunctions) doth by very plain words, claim the same spiritual government here in this Realm of the Church of England, that her highness Father King Henry, and her brother King Edward did enjoy and claim before her: in the which Injunctions, and in the late Act of Parliament also her Highness doth claim no more spiritual government, nor no less, but so much in every point as they had without all exception. For answer his L. did still continue in the denial thereof, and that her highness meaning was not to take so much of Spiritual authority and power upon her, as they did: with affirmation that he did most certainly and assuredly know her highness mind therein. Then for some issue to be had of this matter, seeing that the meaning of the Oath, is not as the express words do purport. And seeing that his L. did so well understand her highness meaning therein, and thereby the very right sense thereof, I besought him that his L. would take some pains for truths sake to pen the same: whereupon his L. did pen and write the interpretation of the said Oath, as hereafter followeth. I. A. B. do utterly testify and declare in my conscience, that the Q. Highness is the only Supreme governor of this Realm, and of all other her highness dominions and countries, aswell in all Spiritual or Ecclesiastical things or causes, as Temporal. That is, to have the sovereignty and rule over all manner personnes, borne within her Realms, dominions, and countries of what estate either Ecclesiastical or Temporal so ever they be. And to have authority and power to visit the Ecclesiastical estate and persons, to reform, order, and correct the same: and all manner errors, heresies, schisms, abuses, offences, contempts, and enormities. Yet nevertheless in no wise meaning that the kings and Queens of this. Realm, possessors of this crown, may challenge authority or power of ministery of divine offices, as to preach the word of God, to minister Sacraments or rites of the Church appointed by Christ to the office of Church ministers, to excommunicate, or to bind, or lose. Of the which four points, three belong only to the Ecclesiastical ministers, the fourth is comen to them with the congregation, namely to excommunicate. And that no foreign Prince Person, Prelate, State or Potentate, hath or aught to have, any jurisdiction, Power, Superiority, pre-eminence, or authority ecclesiastical or Spiritual, within this Realm. And therefore I do utterly renounce all foreign jurisdictions, powers superiorities, proheminences and authorities: That is, as no Secular or Lay Prince, other than the kings or Queen's possessors of the crown of this Realm, of what title or dignity so ever they be, hath or aught to have, any authority, sovereignty, or power, over this realm, over the Prince or subjects thereof. Even so no manner of foreign Prelate or person Ecclesiastical, of what titlie, name, so ever they be, neither the sea of Rome, neither any other sea, hath or aught to have use, enjoy, or exercise, any manner of power, jurisdiction, authority, superiority, pre-eminence, or privilege Spiritual or Ecclesiastical within this Realm, or within any the Q. highness dominions or countries. And therefore, all such foreign power utterly is to be renounced, and I do promise, etc. Vt sequitur in forma juramenti. The B. of Wynchester. These that ye term Resolutions, are none of mine, they are like him that forged them, false, feigned, & malicious. They be your own, either ye could not, or ye were ashamed to adjoin my answers to your seely objections, and therefore ye feigned me to utter for resolutions, your own peevish cavillations. This report is false, that I should affirm the Queen's Majesties meaning in that oath to be far otherwise then the express words are as lie Verbatim. This my constant Assertion, that her highness mind & meaning is, to take so much, and no more of Spiritual authority and power upon her, than King Henry, and King Edward enjoyed and did justly claim, you untruly feign to be your objection. And that I should affirm of most certain and sure knowledge, her majesties mind, or the very right sense of the Oath, to be otherwise than it is plainly set forth, is a malicious slander, whereof I will fetch no better proof, than the testimony of your own mouth. Ye confess that the interpretation following, was penned and written by me, to declare the very right sense and meaning of the oath, wherein ye have acquitted me, and condemned yourself, of a manifest untruth. For the right sense and meaning declared in the interpretation that I made, and you have set forth, doth plainly show the clean contrary, if you mark it well, to all that you have here set forth in my name, under the title of my resolutions to your scruples. Furthermore, in the Preface to your forenamed points, ye have declared by word and writing, that I did require you presently to swear & by oath to acknowledge, her highness to be the only supreme governor in all Spiritual or Ecclesiastical things or causes. If this be true, that you have said, it is manifest by your own confession, that I declared her majesties meaning in that Oath, to be none otherwise than the express words are, as they lie verbatim. For when I show her meaning to be, that ye should acknowledge in her highness, the only supremacy, I do declare plainly, that she meaneth to exclude, all other men from having any supremacy: for this exclusive, only, can not have any other sense or meaning And when I add this supremacy to be in all spiritual causes or things, I show an universal comprehension to be meant without exception. For if ye except or take away any thing, it is not all. And you yourself took my m●aning to be thus. For ye challenge me in your second chief point, and call for proof hereof at my hand, which ye would not do, if it were not mine assertion & meaning. For why should I be driven to prove that which I affirm not, or meant not. Besides these in your whole travail following, ye labour to improve this (as you say) mine assertion, to wit, that all Spiritual jurisdiction dependeth upon the positive Law of Princes: If this be mine assertion, as ye affirm it is, and therefore bend all your force to improve it, ye witness with me against yourself, that I declared her majesties meaning, was to take neither more nor less authority, and iurrsdiction, unto herself, than king Henry and king Edward had, for they had no more than all. And if her Majesty take any less, she hath not al. touching therefore these false, feigned, and slanderous resolutions, as they are by you most untruly forged: even so, whether this be likely, that in a years space well-nigh, I would not in all our daily conference, make one reason or argument, out of the Scriptures or other authority, in the maintenance of mine assertion: and to resolve you in the same, I refer to the judgement of all the Papists in the Realm, that know both me and you. Again, though ye do deny that I so did, & therefore do report none, there be many both worshipful and of good credit, yea, and some of your own dear friends also, that are witnesses of our talk, & can tell what reasons I have made unto you, both out of the Scriptures, and other authorities and proofs out of the Church histories, such as ye could not avoid, but were forced to yield unto. And whether I should so do or not, I might refer me unto the testimony of your own mouth, both than and sithen spoken to diverse, that can witness the same, that ye affirmed this (although untruly) that you never found any, that so much overpressed you, as I did, which your saying, although most untrue, yet it showeth, that somewhat I said to confirm mine assertion and to confute yours. M. Fekenham. Hereunto I did make this objection following. These word of the first part of the oath, I. A. B. do utterly testify and declare (in my conscience) that the Q. highness, is the only supreme governor of this Realm, as well in all Spiritual or Ecclesiastical things or causes, as Temporal▪ (Besides the particulars expressed in your L. interpretation made thereof) they do by express words of the act give unto the Queen's highness, all manner of jurisdictions, privileges, and pre-eminences in any wise touching and concerning any concerning any Spiritual or Ecclesiasticali jurisdiction within the Realm, with an express debar, and flat denial made of all Spiritual jurisdiction unto the Bishops thereof, to be exercised over their flocks and cures, without her highness Special commission to be granted thereunto: They having by the express word of God, commission of Spiritual government over them, commission to lose and bind their sins. Commission to shut and open the gates of heaven Act. 20. joan. 20. Math. 16. Act. 8. to them. Commission to give unto them the holy ghost by the imposition of their hands. And they having by the express word of God such a dangerous cure and charge over their souls, that God hath threatened to require the blood of such as shall perish at their hands. Notwithstanding, these and many Heb. 13. Ezech. such other like commissions granted unto them for the more better discharge of their cures, and that by the mouth of God, they may not exercise any jurisdiction over them, they may not visit them, they may not reform them, they may not order nor correct them, without a further commission from the Q. highness. Surely my good L. these things are so strange unto me, and so contrary to all that I have read, that I am not able to satisfy my conscience therein. Your L. answer was, that for as much as all Spiritual jurisdiction, and authority to make Laws, and to judge the people in courts Ecclesiastical, to visit them, to reform them, to order and correct them, doth depend only upon the positive Laws of Kings and Princes, and not upon the Law of God. Therefore neither did the Apostles of Christ, neither the Bishops and their successors may, exercise any jurisdiction upon the people of God, judge them, visit them, reform order and correct them without authority and commission of the King and Prince. The B. of Wynchester. It is very true, that after ye had quarreled much in sundry things touching words and terms expressed in the Act of Parliament, and in the interpretation of the Oath: Ye did nevertheless finally agree in the whole matter thereof, finding only doubt in one point of mine assertion, namely touching jurisdiction Spiritual or Ecclesiastical, all which you affirmedcon, trary to mine assertion, to be committed by Christ to Bishops & priests, as properly appertaining to their office and calling without further commission or authority from Princes or any other power. The distinction that I made of Ecclesiastical jurisdiction, I will first repeat, and than put mine answer joan. Antonius Delft. lib. 2. to your arguments. Spiritual jurisdiction is divided into two sorts, the one is called cohibitive, the other not cohibitive, That which is called not cohibitive, is that jurisdiction or power that is exercised and worketh in the inward and secret court of conscience: that is the preaching of the Gospel, ministration of the Sacraments, and the absolving and reteininge of sins by the word of God in the public ministry. This therefore they call not cohibitive, because in the Court of conscience, no man is bound or loosed unwillingly or against his will. To exercise this kind of jurisdiction, neither kings nor civil Magistrates, neither any other person may challenged or take upon him, unless he be lawfully called thereunto. jurisdiction Cohibitive hath two parts, the one consisteth in the exercise of excommunication, and circumstances thereunto required by Christ's institution: the which power or jurisdiction belongeth to the Church only, and not to the Prince, Bishop or Priest: for noman hath authority to excommunicate but only the Church, and those who receive authority there unto by commission from the Church. The other kind of Cohibitive Jurisdiction is a power or authority, that consisteth and is exercised, in foro causarum, in the court of causes, and appertaineth ad externum & publicum forum, to the external and public Court, and is defined to be, saith Antonius, an authority or power to declare the Law, give sentence and to judge in all controversies (pertaining to the Court) what is every man's right, and in sum, to do those things, that justice doth require according to the Laws. joannes Quintinus defineth jurisdiction, to the same effect, but openeth the nature thereof more plainly, saying: jurisdiction is an office and authority, to declare the Law, that is, to administer justice and equity and to govern the people with right and Laws. When I name an office, (saith he) I mean that jurisdiction hath in itself a necessity to declare the Law: for office is that which every man is bound to do: to declare the law, is, to exercise judgements, whereupon cometh jurisdiction (he meaneth that jurisdiction hath the name and is so called of exercising judgements) judgements are exercised only of them that have jurisdiction, that is, power to judge. jurisdiction consisteth only in the contentions or debating of matters in Court or judgements. This authority to judge doth descend now from the Prince alone, in whom only is all power. By virtue of this jurisdiction, (saith Antonius) the Church ministers according to their offices rightly enjoined unto them, may lawfully visit, inquire of men's manners, punish the faulty, send forth apparitours or sommoners, city the sturdy and stubborn, repress their malepartnes, call and summon meet persons to the Synod provincial or general, confirm the matters decreed in the Synod or Council, pardon faults, change or mitigate the penance enjoined for confessed faults, condemn Heretics and their writings, examine all men's writings who so ever, before they be set forth or published, and after due examination, judge whether they contain sound or pestilent doctrine, ordain Decrees, Laws, ceremonies and rites, constitute bishops and other Church ministers, also depose, degrade, make them irregular and unable to have holy orders, determine illegitimation in persons for marriage, bestow Ecclesiastical benefices, and exact tithes and annates. These and many other things may be lawfully done by those that have the power of this cohibitive jurisdiction, which is not (saith he) properly signified by the name of the keys: for although it may be named (in some respect) a Church key: yet it differeth very much from the keys of the first Court, that is, of the Court of Conscience. For the use of those keys, that are occupied in the Court of conscience, belongeth only to the evangelical Priests. But this jurisdiction may lawfully be exercised of those that are not ministers of the word and Sacraments, and are not Priests. As the two former parts of Ecclesiastical jurisdiction have their virtue, power, and institution of Christ immediately, even so this third part, which is said to consist in foro causarum, with those things which may be used or exercised by virtue thereof, doth depend upon the positive Laws of Christian Magistrates, or where such wanteth upon the positive rules and orders of that Church, where such orders must be practised, and not immediately upon the Law of God. You took upon you to prove, that this second kind of cohibitive jurisdiction with the appurtenances thereof: as I have rehearsed, was appointed by the express word of God immediately to Bishops and Priests, without further commission of Princes or other power, which I denied. Now let us consider the force of your proofs, and see how they conclude your cause. first ye say, that the words of the first part of the Oath, do by express words of the Act, give unto the Q. highness all manner of jurisdictions, privileges and pre-eminences in any wise touching and concerning any Spiritual or Ecclesiastical jurisdiction within the realm, with an express debar and flat denial made of all spiritual jurisdiction unto the bishops thereof to be exercised over their flocks and cures without her highness special commission, to be granted thereunto: they having by the express word of God, commission of spiritual government over them. Your evil dealing with the words of the Act and the Oath, expresseth an unkindly meaning to the Prince and the state: for that either the Acts or the Oath debarreth or denieth expressly or covertly the bishops of this realm to exercise over their flocks and cures, without her highness special commission granted thereto, any spiritual jurisdiction assigned to a Bishop by the word of God, is altogether untrue. The Statute giveth or rather restoreth to the Prince jurisdiction and authority to inquire after what sort, the Ecclesiastical state and persons behave themselves in their cures and charges, to reform and correct the disorders, negligencies, and enormities rising amongst them to the hindrance of their office in their cures and charges: and in sum to order and provide, that they do execute their office according to their calling in their cures & charges. This is not to debar or deny them the exercise of their office without a special licence. Neither do the express words of the Statute give to the Prince all manner of jurisdictions in such absolute wise as you report, in any wise, and any spiritual jurisdiction within the realm. For these terms, all manner, in any wise, and any spiritual jurisdiction, which you enforce so much are not found in the gift or restitution of spiritual jurisdiction made by the act unto the Prince: But in that part where the act giveth afterward power and authority to the Prince to execute the jurisdiction, now united and annexed to the Crown, by meet delegates, to be assigned, named, & authorized by commission or letters patents under the great Seal of England. If ye will hereof infer that because the Princes have by virtue of the act, full power and authority to name, assign, and authorize any person whom they shall think meet to exercise, use, occupy, and execute under them, all manner of jurisdictions, privileges and pre-eminences in any wise, touching or concerning any Spiritual or Ecclesiastical jurisdiction with in their dominions or countries: Therefore all manner jurisdiction is in the Prince to be exercised, used, occupied, and executed by them: for otherwise you will say, the Princes cannot give and commit to others, that which they have not received and is not in themselves. Your argument is easily answered in few words: it is a foul Sophistication, a secundum quid ad simpliciter. These words of the Act, all manner, in any wise, are restrained and bounded, within the limits of the gift: where you of purpose, to beguile the simple with all, do let them run at large, and set them forth as mere and simple universals without any limits at all. The Act giveth or restoreth to the Prince jurisdictions, privileges, superiorities, and pre-eminencies spiritual & Ecclesiastical, but it addeth this Limitation such as by any Spiritual or Ecclesiastical power or authority hath heretofore been, or may lawfully be exercised or used. And for that these words (as by any Spiritual or Ecclesiastical power or authority hath heretofore been, or may lawfully be exercised and used) may be maliciously stretched by a wrangling Papist, and might seem to some, that have good meaning also, to give over large a scope, the matter or object wherein, or where about, these Spiritual or Ecclesiastical jurisdictions, privileges, superiorities, and pre-eminences, are exercised used and do consist, is limited and added in these express words (for the visitation of the Ecclesiastical state and persons, and for reformation, order and correction of the same, and of all manner errors, heresies, Schisms, abuses, offences, contempts, and enormities) which words of limitation in the gift, as they give not to the Prince, the exercise of that jurisdiction that consisteth and worketh in the inward and secret Court of conscience, by the preaching of the word and mynstration of the Sacraments, which belongeth only and alone to the Bishops, neither do they authorize the Prince to use that jurisdiction that belongeth properly to the whole Church: even so do they give rightly unto the Prince to exercise all manner jurisdictions, privileges, superiorities, and pre-eminences in any wise touching, and concerning any Spiritual or Ecclesiastical jurisdiction, contained under the second kind of Cohibitive jurisdiction: for that may the Prince lawfully exercise and use, and doth not belong unto the Bishops, otherwise than by commission and authority of Positive laws. This limitation of jurisdiction set forth by express words in the Act, you know right well: ye were also at sundry times put in mind thereof, and you were well assured, that your alleging the words of the Act so darkly, confusedly and untruly, could not further your cause amongst the wise: and yet would you needs publish them in this sort to the people, whereby at the least, to make both Prince and the Law odious unto the simple subjects. The Bishops have by the express word of God, commission of Spiritual government over their flock, that is, to feed the flock of Christ, committed to their charge, with God's holy word, as I have declared before. They have commission to absolve the faithfully penitent, and to retain or bind the impenitent: that is, to declare and assure both the one & the other by the word of the Gospel of God's judgement towards them. What will ye infer hereof? will ye conclude therefore, they have all manner of spiritual government or jurisdiction over them? Young Logicians know, this is an evil consequent, that concludeth upon one or diverse particulars affirmatively an universal. Thus ye argue, Bishops by the express word of God, have commission to preach to their cures, to remit or retain sins. Ergo, they have commission by the express word of God, to Summon counsels, or Synods general or provincial, to visit: that is, judicially sitting in judgement, to inquire of men's manners, and forinsically to punish or correct, and to decide the controversies amongst the people: touching contracts of matrimony, whoredom, tyethes, slanders etc. and to ordain decrees, Laws, ceremonies, rites, etc. If this conclusion follow consequently upon your antecedent, than doth it overthrow the doctrine of your romish divinity, which granteth not to the Bishops immediately from God this power, without a special commission from the Pope, in whom only, as the Papists say, is fullness of jurisdiction and power. But if this conclusion follow not consequently upon the antecedent, as a man more than half blind, may plainly see, it doth not: than have ye concluded nothing at all by Christ's divinity, that may further the matter ye have taken in hand to prove. You falsely report the Scriptures, in this that you say: the Bishops have commission by the express word of God, to give unto their flocks & cures, the holy ghost by the imposition of their hands. For the place which ye quote for that purpose, expresseth Act. 8. no such commission, neither any other place of the holy Scriptures. The Bishops have so dangerous a cure and charged over the souls committed unto them, that God will require the blood of those that perish (through their negligence) at their hands: and therefore hath given them sufficient commission for the discharged of their cures. It were therefore an horrible absurdity, if they might not exercise any jurisdiction over them: if they might not visit, reform, order and correct them, by that commission without a further commission from the Q. highness. But do ye not perceive, which the most simple may see, whereof also ye often were admonished by me, your warbling slaight, and Sophistical quarelling in equivocation of words & terms? As there are two sorts of jurisdiction, whereof the one not cohibitive, properly belongeth to the Bishop which he may and aught to exercise over his flock, without any other commission than of Christ: so to visit, reform, order and correct, are of two sorts: the one a Scripturely visitation, reformation and correction by the only word of God, which the Bishops may and aught to exercise in time, and out of time, with all possible watchfulness and diligence without any further commission. The other kind of visitation, reformation & correction, is forinsecal or courtly, which I comprehend under the second kind of Cohibitive jurisdiction, and this the Bishop may not exercise without a further commission from the Prince. Wherefore it is over foul an absurdity in you to infer, that the Bishops may not exercise any jurisdiction, visitation, reformation or correction, because they may not use this forinsecal, or courtly without the Prince's commission. M. Fekenham. Whereunto I do adjoin this objection following. First for the time of the old law, which as Paul said was a very figure of the new, Moses, Aaron, Eleazarus, being Priests, Exod. 24. Exod. 29. Num. 27. they had by the express word of God, this jurisdiction over the people of God, as to sit in judgement upon them, and that not only in Ecclesiastical, but also in▪ Politic and civil matters and causes: they did visit them, they did reform them, they did order, correct, and punish them, so oft as cause required, and without all commission of any civil Magistrate, governor, King or Prince. Besides that for the whole time, of the old Law, there was an express law made, whereby all civil magistrates and judges were commanded in all doubtful matters, to repair to the Bishops and Priests, and to stay upon their determinations and judgements, without declining on the right hand, or the left. And if that any man should disobey the determination once given of the Priest, morietur homo ille, like as appeareth. Deut. 17. The B. of Wynchester. This adjunct will not serve your turn, for it is not possible to stretch it without bursting, to join with that you must conclude. You begin to join your work together with a saying of S. Paul, which he never said, you should have noted the place where S. Paul saith, that the old Law was a very figure of the new. There is no such saying: S. Paul saith to the Hebrews: that Hebr. 10. the Law hath the shadow of good things to come etc. where he speaketh not generally of the whole Law, but of the ceremonial part and sacrifices, which were shadows of Christ and his sacrifice, and not of the bishops jurisdiction after Christ, under the Law of the Gospel. Thus aptly also do your allegations out of the old Testament serve your purpose: for one of the three, to wit, 29. of Exod. hath no word of this jurisdiction: only it showeth the manner of consecrating the Priest, and the ceremonies thereabout. In the. 24. of Exod. it is said, that when Moses went up into the Mount, he said unto the Elders: Tarry us here until we return unto you. Behold Aaron and Her, are here with you: if any man have aught to do, let him come to them, that is if any Lyra. matter of controversy arise in mine absence, let Aaron & Her, have the hearing and deciding of it, as I should have, if I were present. By this place Aaron had no authority given unto him but for a time in the absence of Moses, by commission from Moses, the chief ruler and governor of God's people, and that not alone, but having Her one of the Elders, an ancient and a wise man joined in commission with him. This allegation maketh directly against your conclusion: for it showeth that Aaron had this authority but by commission from Moses the Prince of the people. In the third place Num. 27. where God showed unto Moses, that joshua should govern the people after him, it is said: that joshua should stand before Eleazar the Priest, who shall ask Council for him by the judgement of Urim before the Lord, and at his word they shall go out and in, both he and the people of Israel: that is, when joshua standeth in doubt what to do for the better government of the people, either in the time of peace or war, he shall understand Gods will therein by the high Priest, to whom the Lord will miraculously declare his will and pleasure by the light or shining of the Urim and Thumin, and according to Gods will showed in the Urim to the high Priest, and by him to joshua, he must direct and order his going in and out: Ergo, say you. The Bishops and Priests now in the time of the Gospel, have jurisdiction by the express word of God, to keep Courts, to call Counsels, to make Laws, & forinsecally to visit, reform, order, & correct their flocks & cures. The most simple can judge of this sequel. After like sort it is written Deut. 17. That when hard and doubtful cases come before the judges or inferior Magistrates, which cannot easily be tried or found out by them: than the inferior Magistrates shall go to the high Priest, and to the chief judge at Jerusalem for the time being, who shall show what is to be done: whose sentence & judgement must not be disobeyed, under the pain of death. Do you not aptly conclude, think you, that the Bishops in the time of the Gospel ought to have this Courtly jurisdiction, because the high Priest, and the Temporal judge, did determine doubtful cases in the time of the old Testament? for the Priest alone did not determine all causes, as you seem to allege the text. M. Fekenham. second, in the New Testament: like as our Saviour Act. 20. Christ, did commit and leave the whole Spiritual government, of his people and Church, unto his Apostles, and to the Bishops and Priests, and the successors of them. So they did practise all Spiritual government over them, they did execute and give judgement in the Church of Christ: they did reform, order, and correct all disorder therein, and that without all commission, aid, or authority of any Temporal Magistrate, King, or Prince, for the space of three hundredth years in the primitive Church of Christ, unto the time of Constantine, he being the first Christian King and Emperor, which did join his sword to the maintenance of God's word. Lib. 1. Hist. Trip. ca 9 The B. of Wynchester. Like as the Apostles had in commission power from Christ our Saviour, to whom all power was given both in heaven and in earth: so faithfully they executed the authority and charge committed unto them, not seeking their own honour by usurpation, but the glory of Christ by the abasing themselves even unto the death. Their commission registered by S. Matthew appeareth in these words. Go and teach all the nations, baptizing them in the name of the Father, and of the son, and of the holy ghost, teaching them to keep all things, which I have commanded you. How faithfully they exercised this authority according to the commission, S Luke showeth in his Chronicle, called the Acts of the Apostles, and setteth forth one notable example hereof, in Paul's oration, made to the Elders of Ephesus, called to Miletum: He taketh them to witness, that he kept nothing back from them, that might be for their profit, but showed them all the council of God. It is much marvel that Paul showed all God's council unto them, & yet made no mention of any forinsecal jurisdiction as given them by the commission of God's word. The godly Bishops that succeeded the Apostles for many years after, followed the doctrine and examples of the Apostles, yet never exercising jurisdiction Forinsecal, neither judging, reforming, ordering, or correcting, otherwise than by preaching, publicly or privately, without especial consent and commission of their Churches, during the time, they had no Christian Prince or Magistrate. Constantinus, as I have said, was not the first Christian king: But he was the very first Emperor, as your own writers do witness, that gave bishops authority to Nicep. li. 7 cap. 46. judge and exercise jurisdiction, over their Clergy, and that gave to the Bishop of Rome power and authority over other Bishops, as judges have the king over them, and that gave to him power and jurisdiction over all other Churches, if that Donacon be not forged which Gratian citeth. And Petrus Bertrandus a Bishop, a Cardinal, and one Dist. 86. of your best learned in the Canon and Civil laws, in his treatise De origine iurisdictionum, affirmeth, that Theodosius and Carolus Magnus, did grant unto the Church all judgements. For the proof whereof, he avoucheth diverse decrees, and addeth, That such grants were afterwards abrogated. M. Fekenham. At the first council holden at Jerusalem, for the reformation of the controversy that was than at Antioch, touching Circumcision, and the observation of Moses Law, decree was made there by the Apostles and Priests, unto the believers at Antioch, that they should abstain from these four chief Act. 15. and necessary things, viz, ab immolatis simulachrorum, à sanguine & suffocato à fornication, a quib. custodientes vos, bene agetis. The which first council was there assembled by the Apostles of Christ. The Decrees and Laws, were made there by them: The controversy at Antioch, was by them reform, ordered, and corrected without all commission of any temporal Magistrate King, or Prince. The B. of Wynchester. God be thanked, that S. Luke maketh to us a sufficient report of this council, who maketh no mention of any Priest there present, as you untruly report, unless ye will think he meant the order of Priests, when he named the faction of the pharisees. Whether the Apostles called this council or not: or that the Congregation being assembled together in their ordinary sort, for prayer, preaching, and breaking of bread, Paulus and Barnabas, with the others, sent to Jerusalem, did declare the cause of their message before the whole Church, which is more likely, I will not determine, because S. Luke maketh no mention thereof. But if it be true that ye affirm that the Apostles called or assembled this Council. Then was it not the authority or Act of one Apostle alone. Besides this, if the Apostles called this council, they called they Layte so well as the Clergy to the council: yea, as may seem probable, more of the laity than of the Clergy. The decrees were not made by the Apostles alone, as you falsely feign. For S. Luke saith, the decree was made by the Apostles, Elders, and the whole Congregation. The Apostles, I grant, as was most convenient with the Elders had the debating, arguing and discussing of the question in controversy. They declared out of the holy Scriptures what was the truth: And I doubt not but they declared to the Church, what they thought most convenient to be determined: But the determination and decree, was by the common consent, both of the Apostles, Elders, and people. Therefore this controversy was reform, ordered, and corrected, not by the authority of the Apostles alone, without the Elders, neither they togeaher did it without the assent of the Church, and so this allegation maketh no deal for your purpose, but rather clean against it. M. Fekenham. The Apostles also hearing at Jerusalem, that Samaria Act. 8. had received the word of God, they did send Peter and john, to visit them to confirm them in faith, and that they might receive the holy ghost by the imposition of their hands. Paul and Barnabas did agree betwixt themselves, to visit all those Cities and brethren, which they had converted to the faith. The words of the Scripture are these: Dixit ad Barnabam Paulus, revertentes, visitemus fratres per universas Civitates, Act. 15. in quibus praedicavimus verbum Domini, quomodo se habeant. In the which visitation, the Apostle Paul: Electo Sila per ambulabat Siriam & Cil●●iam, confirmans Ecclesias, praecipiens custodire praecepta Apostolorum & seniorum. By the which words it right well appeareth, how the Apostles and Priests at Jerusalem, over and beside the Gospel which they taught, they did make certain Decrees, Laws, and ordinances, the which the Apostle Paul in his visitation, gave commandment to the Syrians, and Silicians, to observe and keep. What Laws and orders did the Apostle make and appoint 1. Cor. 11. unto the Corinthians, that men should neither pray nor preach in the Church with their heads covered? What reformation and order did he make and appoint unto them, for the more honourable receiving of the Sacrament, and that partly by writing, and partly by word of mouth, saying: Caetera cum Venero disponam, and in his second Epistle to the Thessalonians, he saith, Fratres state & tenete traditiones quas didicistis. sive per fermonem, sive per Epistolam nostram. What orders and Decrees 1. Cor. 13. did the Apostle Paul make, touching praying and preaching unto the people in tongues unknown, and that all women should keep silence in the Church and Congregation? These and many such other like Laws, orders, and Decrees, were made for the reformation of the people in the Church of Christ, by Christ's Apostles, by Bishops and priests, as the successors of them, and that without all commission of any Temporal Magistrate, Emperor, King, or Prince, Constantinus being the first Christian Emperor, like as I have said. The B. of Wynchester. Your whole drift in this part is, to prove that Bishops and Priests may visit, give the holy Ghost, by the imposition of their hands: and make laws, orders, and decrees to their flocks and cures. Your proof consisteth in the example of the Apostles, and this is your argument: The Apostles visited, gave the holy Ghost, and made Laws, orders, and decrees, unto their flocks and cures, Ergo, Bishops and Priests, have authority and may make Laws, visit & give the holy ghost to their flocks and cures. The insufficiency of this consequent, doth easily appear, to those that do consider the state and condition of the Apostleship, and compare therewith the office of a Bishop or Priest. The Apostles did, might, and could do, many things that Bishops and Priests, neither may, nor can do. The matter is more plain than that needeth any proof. But as the sequel faileth in form, so let us consider the matter, whereupon ye ground the sequel, that your friends may see what foul shifts ye are driven to make, for the maintenance of an unjust claim. That the Apostles did visit their cures and flocks, you prove by two places of the Acts: in the first place, ye feign the Scriptures to say, that it sayeth not: for in the eight of the Acts, there is no mention made of any visitation: the other place speaketh only of a Scripturely visitation, and nothing at all of your forinsecal or Canon Law visitation. The Canon Laws visitation, is to be exercised by a great number of such persons, as the Scripture knoweth not. And the matter whereabout that visitation is occupied for the most part, is directly against the Scriptures. The persons that may lawfully visit in your Canon Law visitation, are Popes, Legates from the side: Legates sent and borne, Legates and messengers of the Apostolic sea, patriarchs, archbishops, Bishops, Archdecons, Mar. Soci. Deans, Archepriestes, abbots, and other inferior persons having jurisdiction. All archbishops which are Legates borne, have authority to visit their provinces by double right, to wit, by right Legative, and by right Metropolitan, and so they may visit twice in the year. All these visitors must begin their visitation with a solemn Mass of the holy ghost. The Bishop and every ordinary visitor, must begin his visitation at his Cathedral church and Chapter. He must come into the Church where he visiteth, and first kneel down and pray devoutly, chief directing his eyes and mind to the place wherein the honourable sacrament of Christ's Body is hidden and kept. The matters of the Canon Law visitation are in part these. The visitor ought to view diligently whether the place where the Sacrament is kept, be clean, well garnished and close, for the Eucharist, and the holy Chrism ought to be kept shut under lock and key. He must see that there be great lights of wax to give light in that place, Then must he visit the place of the holy relics, and of Baptism. And search diligently what manner of place it is and whether it be kept shut. Besides this he must visit the altars and little chapels, and must with his eyes view he whole Church whether it be cleanly and clean. Then he must visit the vessels and Church vestiments whether they be clean, and kept in a clean place, as they ought to be, and whether the vestiments be overmuch worn and broken, and in case the visitor shall find such vestiments unclean, rent, and consumed with occupying, he must burn them in the fire, and cause the ashes to be buried in some place, whereby there is no passage. But in any wise let him not suffer (saith Socius) purses or such like things to worldly use to be made of the coops or tunicles. Last of all, let him survey the houses and possessions belonging to the Church. The Bishop doth visit also, to Bishop enfantes, and to consecrate or hollow Churches. The visitor also shall inquire and examine, whether any man know or believe, or that the fame is, that the Sexton, the Treasurer, or the Vesture keeper, hath well and safely kept, the vessels, vestiments, and other things or ornaments of the Church, as Mass books, Grails, Antiphoners, Legends, and other things appointed to divine Service, and whether any thing movable, or unmovable be diminished, and by whom, wherefore, when, and after what sort, whither they be diligently present at the Dirigees for the dead. And whether the vesture keeper or Sexton, keep warily and cleanly the Church, the Eucharist, the Relics, the Fount, the Churchyards, and such other things. And he shall examine the Priests in the country Mar. Soci. in saying of their Masses. But let every visitor understand (saith mine author) that same the greatest question or controversy, which was betwixt three Rural persons or Priests: whereof two of them strove about the words of Consecration, the one affirming that the words are to be pronounced thus: Hoc est corpus meus: the other Hoc est corpus (I think he should have said corpun) meum. These two chose a third Priest, who was taken to be better learned to be arbytour, and to decide this high question▪ whose answer was, that he himself stood ever doubtful in this question: and therefore instead of these words of consecration, did always use to say, one Pater noster. Furthermore the visitor must inquire whither the Laity make their confession once in the year, and receive the Eucharist at Easter. And whether they be slow, or deny to pay their tithes and fruits. The archbishop must in visiting any of his suffragans, exactly inquire and examine the Canons, and Clerks of the Cath. Church, whether they know, believe, or that the fame is, that the Bishop hath covered and borne with some men's faults for money, or other temporal commodity. Can you find in the Scriptures any one of these visitors, or any one of these weighty matters inquired of, by Peter, john, Paul, Sylas, Barnabas, or by any of the Apostles in their Visitations, which were Scripturely Visitations? No surely, it is not possible: For these Idolatrous vanities, are manifestly repugnant to the Holy Scriptures. Amongst all the rabble of these Canon Law visitors, ye can not find in the Scriptures, not so much as the bare Title of one of them, unless it be of a Bishop: which name applied to the man, as the scriptures describeth the man, that is called to that office, can no more agree with a Cannon Law Bishop, then with the Civil law Bishop, whose office was, as it is set forth in the Digests, to have the rule & oversight of all manner Li. 50. Tit. 4. De muner. & honour. of victuals in the Cities, as it were the chief clerk of the markets. As the matter of the Apostles visitations standeth directly against the greatest part of the matter whereabout your Popish or Canon law visitation is exercised: Even so the holy Scripture that you avouch, for the giving of the holy Ghost, maketh nothing at all to prove your purpose. For S. Luke in the place speaketh not of an Act. ●. ordinary power, that should remain in the ministers of the churchfor ever, but of a special gift to work Myratles, & to give that power to others, which should continue but for the time whiles Christ's Church was to be erected, and the word to be sounded through the world: And therefore Chrisostome saith: That this gift pertained only to the Apostles. For (saith he) the Conuertꝭ in Samaria had received before Peter and john came, the spirit of Remission of Sins: But the spirit of Miracles, that is the gift of tongues, healing, prophesying, and such like, which are the gifts of the Holy Ghost, & therefore are called the Holy Ghost, they had not as yet received. There were many that by the power of God's spirit could work Miracles, but to give this power to others, none could do but the Apostles. For that was proper, and only in them. Mark now the sequel of your allegation for proof of your purpose: Thus you argue: The Apostles gave by the imposition of their hands, to the Samaritans, the gifts, of healing, Propheciing, of Tongues, etc. Therefore every Bishop and priest hath power to give the same gifts, to their flocks and cures. There was never none so blind, or ignorantly brought up in your cures, belonging to the Abbay of Westminster, but that did well perceive, that neither your Bishops, abbots, or Priests, had, or could do any such seat. They, like Apes, imitated the outward sign, or ceremony, but the inward grace they wanted. touching the third part of your proof, whereby ye conclude, that Bishops and Priests may make Laws, orders, and decrees, to their flocks and cures, because the Apostles so did, as you say: Although I need make none other answer, then to deny your argument, which you can by no art maintain, the insufficiency whereof is manifest, to those that have but a little skill, either in Logic or Divinity: Yet I will briefly consider the places, whereupon you ground this misshapen sequel, that the unskilful may see, how little they make for your purpose. After that S. Paul had founded the Church of Corinthe, and had brought them to Christ through the preaching of the Gospel, there sprang up amongst them in his absence many vices and offences, contrary to the Doctrine he had taught, and the Godly admonitions, that he had given unto them: wherefore being advertised thereof, he wrote his Epistle unto that Church, wherein he reproveth their faults, partly in general, and partly in special: And in the end of the tenth Chapter, concludeth with this general admonition, that All things be done without offence, and to the Glory of God. In the. xi. Chapter, he reproveth certain faults in special, committed by them in their public assemblies, and Church meetings, contrary to this general admonition, and contrary to that he had taught them in special, touching their honest and comely behaviour in their public prayer, preaching, & communicating in Christ's Sacraments, which of all other things ought chiefly to be so done, as thereby God may be glorified, and all offences eschewed. To this end S. Paul had taught the Corinth's, that in these public & holy exercises, it is most seemly that men prophery & pray bare headed: Contrariwise women, not without their heads covered. Many observed this comeliness in prayer and prophesying, as Paul had taught them: Others contentiousely did withstand and gainsay the same, as an order that Paul had devised, and brought in of his own devise, besides God's word, as you also imagine that Paul made this order besides the Gospel, of his own authority, wherewith to bind the Corinth's. To answer both the contentious Philosophers, than amongst the Corinth's, and the superstitious Papists, now in like fort molesting the Christians, S. Paul proveth, that this comeliness is grounded upon God's ordinance, and not a Law newly devised of his own authority besides the Gospel. This is his proof, the man by God's ordinance hath the superiority, and the woman must be in subjection. God hath appointed for them both, signs and tokens of this dominion and subjection. He hath ordained that man in token of superiority, should have his head uncovered: as contrariwise the woman, in token of subjection, to have her head covered. Therefore, if man lay away that sign and token of dominion which God hath ordained for him to use, and taketh upon him the sign and badge of subjection, he dishonoureth God his head, and breaketh his ordinance. And so the woman, if she leave of the coverture of her head which God hath given to her, to be worn as a token and badge of her subjection, and taketh upon her the sign of superiority, she dishonoureth her head, and breaketh God's ordinance. S. Paul addeth an other reason, whereby he proveth that, this this was no Law made by him to the Corinth's. Nature, saith he, hath taught you this comely order. If this were a Law and Decree of nature, it was not S. Paul's devise besides God's word. S. Ambrose upon this place saith, that S. Paul spoke these words, according to God's Law, which forbiddeth, (saith he) the man to wear his hear. Chrysostom affirmeth this to be an ordinance of nature. But saith he, when I speak of nature, I mean of God, who is the author of nature. So that it is manifest by S. Paul's own proofs in defence of that he had taught, and by the witness of S. Ambrose and Chrysostom, that the man to be bareheaded, and the woman covered, was not a Law, order and decree, made by S. Paul to the Corinth's, as you untruly fable: but God's ordinance, made plain, set forth, and taught by him, that all things might be done in the Church in comely order, to God's glory. Of like sort was the reformation and order, whereof you speak about the more worthy receiving the lords Supper. The Apostle maketh thereabout no new Law, order, or decree, besides the Ghospel, but reproveth the Corinthians, for that they did not, about the receit thereof, observe the law of the Gospel: He blameth them in general, that their Church assemblies were not to the increase, but rather to the decrease of virtue in themselves: He reproveth them that in stead of brotherly love, unity, and concord, there was Contempt, Schism, and Dissension amongst them: He rebuketh them, for that they made that Supper private, which the Lord himself had made, and instituted to be Common: He reprehendeth them for Drunkenness, and that with the contempt of the poor: And he sharply shaketh them up, for that they abuse the Church, contemning the right use thereof. Is not this Christ's Law, that the people should increase in virtue? Is not this Christis commandment, that the Christians should live in brotherly love, unity, and concord? Is not this Christ's Institution, that his Supper should be Common, and not private? Doth not Christ's law condemn drunkards, and contempt of the poor? And is not this Gods decree, that his house should not be profaned or abused? If these be Gods ordinances, as you can not deny them to be, than are they not Paul's laws, orders, or decrees, neither by writing or word of mouth: otherwise than that Paul was God's mouth and scribe, to utter, not his own laws besides the Gospel, but God's ordinances comprehended within his Gospel. So that whether being present, he taught them by word, or being absent by writing, he neither wryite nor spoke, other than he had received of the Lord. He promised, say you, to dispose other things at his coming. It is true, but not other wise than he did these above mentioned. He exhorteth, say you, the Thessalonians, to abide in the traditions, which they had learned by word or by writing. Ye say truth: but he doth not thereby bind them to this, as to a law, order, or decree, made by him besides the Gospel: but he monisheth them, as S. Ambrose expoundeth his meaning, To stand fast, continue, and persevere in the tradition of the Gospel. So that the traditions he speaketh of, are not other than the Doctrine of the Gospel. I marvel not, that ye misreport S. Paul, saying, that he made orders and decrees, touching praying and preaching unto the people in tongues unknown, & that all women should keep silence in the church and congregation, for it may seem, ye never read the place, but took it, as you heard it reported. If you had read the place, ye might have seen with your own eyes, that S. Paul speaketh no whit of that matter in the. 13. as ye untruly avouch: and in the. 14. ye should have perceived, that he in plain speech proveth you a Liar: For that he denieth that these were his orders or decrees, affirming them to be the lords commandments, and so doth Theophilact. Gloss. ordinar. and Lyra witness also with Paul, testifying that these were his words and meaning. These places thus rightly considered; it may easily appear unto the most unskilful, how little your purpose is helped by them, & that these grounds do fail you: So that your whole shift being sifted, is found nought, both in matter and form. M. Fekenham. The which noble Emperor Constantinus, for the repression of the Arians errors and heresies, he did at the request of Sylvester then Bishop of Rome, call the first council at Nice: where he had, to the Bishops there assembled these words: Cum vos Deus sacerdotes constiturit potestatem tradidit judicandi de Li 10. Hist. Eccl. ca 2. nobis. Et ideo nos à vobis recte iudicamur. Vos autem, cum nobis à Deo, di●datisitis, ab hominibus judicari non potestis. etc. Valen tianus Imperator cum ille rogatus esset ab Episcopis Hellesponti Bythiniae, Lib. 7. Hist-Trip. ca 12. ut interesset, consilio, respondit: Mihi quidem cum unus de populo sim, fas non est talia perscrutari, verum sacerdo●es quibus haec cura est, apud s●metipsos congregentur, ubi volverint. Theodosio Imperatori, Ambrose Theod. lib. hist. 5. Eccl. cap. 18. ingressu intra cancellos templi inte●dixit, inquieps: In teriora ô Imperator sacerdotibus solis patent. etc. Cui egi● ob id gratias Imperator, asserens se didicisse discrimen inter Imperatorem & sacerdotem. The B. of Wynchester. It is manifest that Constantine called the first Nicene council, but very vnli●●ly that he did it at the request of Sylvester, b●cause this Council was not in the time of Sylvester, but whiles julius was Bishop of Rome, who by reason of his great age could not be there present in his own Nicep. li. 8. cap. 14. Soz. lib. 1. cap. 17. Li. 2. to. 2. her. 68 Lib. 1. ca 1. person, and therefore sent in his steed Vitus and Vincentius▪ as the Ecclesiastical histories report, and Epiphanius affirmeth that Constantine called this Council at the earnest su●e of Alexander Bishop of Alexandria, whereto Ruffinus addeth, many other of the Clergy also. But if it be true as ye say, that the Emperor called the Council at the request of the Pope, than both those Papists are Liars, which affirm that the Pope called this council, and your cause by your own confession is much hindered: for if the Emperor called the Council, and that at the request of Sylvester the Pope, as y●e say, or at the earnest suit of Alexander, and other godly Bishops, as Epiphaniu● and 〈◊〉 affirm: It appeareth plainly, that both the Pope and the other catholic Bishops, did thereby acknowledge the supreme power and authority, to summon and call counsels, which is a principal part of your purpose, and of the Ecclesiastical jurisdiction cohibitive, to be in the Emperor and not in themselves: for otherwise they might, and would have done it, by virtue of their own office, without any suit made to the Emperor, to execute that which belonged unto themselves. The Emperor refused to judge the quarrelling accusations of the Bishops assembled at the Nicen council, one quarrelling and accusing an other, & referred the judgement of them to Christ. This was his modesty, Policy, and prudent foresight, least by sifting those private quarrels, he might have hindered the common cause, as I have said before, and is plainly to be gathered of Ruffinus and Nicephorus, and not Lib. 1. ca 2. Lib. 8. ca 16 for that he thought his authority might not stretch so far, as to judge the Priests and their matters, as ye would have it to seem: for as he himself protesteth, this Euseb. li. 3. De vit. Con. above all other things, to be the chief scope and end of his Imperial authority, namely that the catholic Church be preserved in unity of faith, sincerity of love, concord in godly Religion, and that the diseases therein▪ as Schisms, Heresies, etc. might be healed by his ministry: even so forsook he no occasion or mean, whereby to work forth this effect of his ministry and office, whether it were at some time by relenting and remitting some what of his authority, or by exercising the same to the utmost, in all matters, & over all persons. He thought it the best for this time by relenting to bear with the weakness of those fathes, thereby the better to encourage them to standefast, and jointly against the common enemy, for the furtherance of the truth. But afterward, when the council or Synod was assembled at tire by his commandment, and that Athanasius had made complaint unto him of the unjust dealing of that council to deface the truth, the Emperor did exercise the full authority of his ministry, & called all the Bishops unto him, to this end, the he by his supreme authority, might examine their doings, & judge of the whole council whether they had judged uprightly, Soz. li. 1 c. 4 and dealt sincerely or not. This he did at the suit of the most godly Bishop Athanasius, who would not have attributed this authority to the Emperor, if it had not appertained to his jurisdiction to have judged the Bishops and their doings: neither would the catholic fathers of that time, have suffered this and many other such like doings of this most Christian Emperor, to have passed without some admonition or misliking, if they had not acknowledged the authority in him to be lawful. He commanded the Bishops every where to assemble at his appointment, where, and when he would. He sharply reproved Alexander Bishop of Alexandria, and Arius, for the contention stirred up by them. He judged Caecilianus. Bishop of Carthage, to be lawfully consecrated, and ordered, and condemned the Donatists. And these Bishops assembled at the Nicen council by his commandment, of whom ye speak, acknowledged the Emperor to have authority to judge them and their causes, or else they had done foolishly, to offer their bills of complaint unto him, whom they thought had no authority or might not judge and determine them. But in case it were true, that the Prince might not judge the Priests nor their causes, what conclude you thereof? You can not conclude your purpose, for this is no more a good consequent: Constantinus would nor could lawfully judge the Priests assembled at Nicen council: Ergo, Bishops and Priests may call councils, make Laws, orders, and decrees, to their flock and cures, and exercise all manner iurisoiction cohibitive: Then this, York standeth but. iij. miles from Pocklington, Ergo, your pocket is full of plums: of the like form also are the consequentes, that ye make upon the histories of the emperors Valentinian and Theodosius. And as you can not fasten your purpose by any good sequel upon these histories, so that history that ye allege of Valentinian, maketh much again your purpose. First it is uncertain and may be doubted, whether this answer that ye affirm to be Valentinians, were his, or Valens the Lib. 6. ca 7. emperors words, for as Sozomenus one of the Tripartite Ecclesiastical historians, affirmeth this suit to be made Lib. 4. ca 2. by catholic Bishops of Hellespontus & Bithynia, unto Valentinian, and that this was his answer to their petition. Even so Socrates an other of the same tripartite historians affirmeth that this suit was made by the Macedonians, unto Valens the Emperor, who granted them their petition, the rather supposing, that the matter should have been determined in that council, after the minds of Eudoxius & Acatius. And it is not from the purpose to note which of these Emperors caused this council to be called, for the one of them, Valentinian was a catholic Emperor, the other Valens an Arian. Secondly you do falsely report the story, for the Bishops of Hellespontus & Bithynia, did not make suit unto Themperor Valentinian, that he would be present in the council: but by their messenger, did humbly beseech him, that he would command all the Bishops, as Nicephorus reporteth it, or that he would suffer and give leave unto the Bishops to have a Synod or council, which they held after licence obtained at Lampsacum, as Socrates and Sozomenus, the tripartite Historians, make relation. Thirdly, the Emperor doth not simply refuse or deny the search and diligent enquyrie of these matters as things nothing appertaining to his office, or not lawful for him to inquire of: as ye would have it seem, but excuseth himself by his earnest business and want of leisure, saying, It is not lawful: (meaning that his leisure, from the weighty matters of the common weal, and just opportunity, would not easily now suffer him) to travail in those causes, and therefore referreth the exact sifting of those things to them, whose offices and charge, was properly to be occupied in those matters. That this is the true purport of his words in his right sense and meaning, appeareth plainly by the due circumstances set forth in the story, and also by Nicephorus an Ecclesiastical historiam, who rightly understood his meaning, Lib. 11. ca 3. and reporteth it in these words: Mihi negotijs occupato, & reip. curis distento res eiusmodi inquirere, non facile est. It is no light or easy matter for me, that am now occupied with businesses, and filled so full as I may be, with the cares of the common weal, to inquire or search such matters. Last of all, whether the catholic Bishops of Helespontus and Bythinia, required the emperors presence in the council, as ye affirm, or they required therewith his labour and travail in the debating or searching the truth of matter, which may seem at the first by the bare words of his answer: or they desired only licence of him and permission to assemble together in Synod or council, to defermine and decree with the truth, against the Arianismes, which the most and best part of the Historians agree unto. Their suit and humble petition, maketh plainly against your presumptuous assertion, in that they acknowledged thereby the jurisdiction to call councils, to be in the Emperor, and not in Bishops or Priests, without special leave, licence, & commission from the Prince. For if the power and jurisdiction to call counsels, had been in themselves without the emperors commission, what needed them to have craved licence of the Emperor? And if it had not been lawful for the Emperor to have been present in the Council, and to have dealt in the diligent search and debating of matters in Religion, than these Catholic Bishops did wickedly, who as you say moved him thereunto. Although ye untruly report the story of Theodosius the Emperor, and Ambrose the Bishop of Milan, yet can you not by any means wrest it, to serve your purpose any whit at all. For if it were true, that Ambrose forbade Theodosius the Emperor the entrance into the Chancel: or that the Emperor had said to him, that he had learned the difference betwixt an Emperor & a Priest, yet can you not conclude thereof: therefore Bishops and Priests have power & authority to make laws, orders and decrees to their flocks and cures, and to exercise the second kind of cohibitive jurisdiction over them. Theodosius, as the author writeth, came into the Theod. li. 5▪ cap. 1●. Chancel to offer his oblation, whereat S. Ambrose found no fault: But when he stayed there still to receive there the holy Mysteries, S. Ambrose sent him word to go forth and abide with the other of the Church, for that place was only for the Priests: For which monition the Emperor was returned to Constantinople, and came on a time into the inward place or Chancel to offer his oblation, and went forth again so soon as he had offered, Nectarius the Bishop demanded of him, wherefore he tarried not still within, meaning to receive the holy mysteries: To whom the Emperor maketh answer, saying: I have scarcely learned the difference betwixt an Emperor and a Priest. Fekenham. M. john calvin, entreating of the Histories betwixt Cal. Inst▪ cap. ●. these Emperors Valentianus, Theodosius and S. Ambrose, after along process wherein he maketh good proof, that all Spiritual jurisdiction doth appertain unto the Church, and not unto the Empire, he hath these words following: Qui ut magistratum ornent, Ecclesiam spoliant hac potestate, non modo falsa interpretatione Christi sententiam corrumpunt sed sanctos omnes Episcopos, qui ●am multi à tempore Apostolorum extiterunt, non leviter damnant. Quod honorem officiumque Magistratus falso praetextu fibi usurpaverint. How they do spoil the Church of that authority, thereby to adorn temporal Magistrates, not only by corrupting Christ his appointment and meaning therein: But also they lightly condemn and set at nought all those holy Bishops, which in so great number have continued from the time of the Apostles hitherto, which honour and office of Spiritual government they have (saith john Calvin) usurped and taken upon them by a false pretext and title made thereof. And again john Calvin saith, Qui in initio tantopere extulerunt Henricum regem Angliae, certe fuerunt homines inconsiderati. Cal. in 7. cap. Amos proph. Dederunt illi summam omnium potestatem. Et hoc me semper graviter vulneravit, erant enim blasphemi cum vocarent ipsum summum caput Ecclesiae sub Christo. They which in the beginning did so much extol Henry king of England, and which did give unto him the highest authority in the Church, they were men which lacked circumspection, and of small consideration: which thing (saith john Calvin) did at all times offend me very much, for they did commit blasphemy, and were blasphemets, when they did call him the Supreme head of the Church. The B. of Wynchester. The collector of your common places did beguile you, which you would have perceived, if you had red M. Calvin with your own eyes. He entreateth not in that place of the Histories betwixt the emperors Valentinianus, Theodosius, and S. Ambrose. He confuteth the opinion of such, as think the jurisdiction that Christ gave unto his church, to be but for a time, whilst the Magistrates were as yet unfaithful, and proveth that the jurisdiction of the Church was given of Christ to remain till his second coming, and belongeth only to the Church, and not to the Prince, Bishop or Priest, without special commission from the Church. The which Ecclesiastical jurisdiction, I comprehended under the first kind of cohibitive jurisdiction. You do M. Calvin not double, but quadruple, ye much more wrong about the citing of his sentence, for as ye have untruly reported the circumstance of his sentence, so have you hackte from the beginning thereof one material word, part of it you have obscurely translated, the other part falsely, and by altering his words and sense, ye have belied him, slandered the ancient Bishops, and have avouched M. Calvin (if those were his words and meaning, which you in your translation father upon him) directly against yourself: which you meant not, for ye thought (as I suppose) you had so cunningly handled him, that he should have served your turn. If this your evil dealing with M. Calvin, proceeded of ignorance, for that his Latin was to fine for your gross understanding, ye are somewhat to be borne withal: but if you have thus dealt of purpose, than your malice is over great, and ye show yourself shameless to deal so unhonestly, & that in the sight of all men. After that M. Calvin hath proved, that our saviour Christ gave the discipline of excommunication unto the Church, to be exercised continually by the same: to the censure whereof all estates ought to submit themselves, for if he be an Emperor, he is within, or under, & not above the Church. He concludeth with this sentence: Quare illi, qui ut Magistratum ornent etc. Wherefore they which to adorn the Magistrate, do spoil the Church of this power (to exercise the discipline of excommunication) do not only corrupt Christ's sentence with a false interpretation: but do also, not lightly condemn all the holy Bishops, which were so many from the Apostles time: for so much as they (all the holy Bishops) have usurped to themselves the honour and office of the (civil) Magistrate under a false pretence or colour. The first word of the sentence which knitteth the same, as a conclusion to that that goeth before, ye have left out. How darkly ye have translated the first part of the period, may appear by conference of your translation with the Authors words. The last part ye have falsely translated, turning the Conjunction into a pronoun relative, and translating this word Magistratus (whereby Caluine meaneth the civil Magistrate) by these words spiritual government, and so have clean altered both the words and sense of M. Caluine, and yet shame not to bely him, saying (john Calvin saith) which he saith not. But it is M. Feckenham that saith, and so belieth Calvin, and slandereth the ancient Bishops, as though they (for to them this, they, hath relation) had taken upon them the office of the Magistrate: as they had done in deed, if all manner correction & judgement had belonged to the Magistrate, and none at all to the Church, by whose commission they exercised this jurisdiction. If this were M. Calvin's saying, as ye translate him, that they (all the holy Bishops from the Apostles time) have usurped and taken upon them the honour & office of Spiritual government, by a false pretext and title made thereof, than have you alleged M. Calvin against yourself, for this sentence, if it were true, overthroweth your purpose nothing more. And again john Calvin writing upon Amos the Prophet, is by you alleged to as little purpose: For be it that they which attributed to King Henry of famous memory, so much authority (which grieved Calvin) were men not well advised in so doing, and that they were blasphemers, that called him the supreme head of the Church, (ye know who they were that first gave to him that title and authority) yet your conclusion followeth not hereof. Therefore Bishops and Priests have authority to make Laws, orders, and decrees, etc. to their flocks and cures, no more than of his former saying. Christ gave to his Church this authority to excommunicate, to bind and to louse. Therefore Bishops & Priests may make Laws, orders, and decrees, to their flocks and cures. M. Fekenham. Hosius Episcopus Cordubensis, qui Synodo Nicence primae interfuit A thanas. in Epist, ad solitar. vit. agentes. Sic habet, sicut testatur D. Athanasius adversus Constantium Imp. Si istud est judicium Episcoporum, quid commune cum eo habet Imperator? Sin contra, ista minis Caesaris conflantur, quid opus est hominibus titulo Episcopis? Quando à condito aevo auditum? quando judicium Ecclesiae authoritatem suam ab Imperatore accepit? aut quando unquam pro judicio agnitum? Plurimae ante hac Synodi fuerunt, multa judicia Ecclesiae habita sunt: Sed neque patres istiusmod●res principi persuadere conati sunt, nec princeps se in rebus Ecclesiasticis curiosum praebuitnune autem nowm quoddam spectaculum ab Ariana heresi editur, convenerunt enim Haeretici & Constantius Imperator, ut ille quidem sub praetextu Episcoporum, sua potestate adversos cos quos vult utatur. The B. of Wynchester. As it is very true, that Hosius Bishop of Corduba in Spain, was in the first council of Nice, so is it as untrue that these be his words, which you have cited in his name, for they be the sayings of Athanasius, and not of Hosius. Wherein ye have done Athanasius threefold wrong, first to attribute his writings to an other, then also to cause him therein to bear false witness against himself, and thirdly, in that ye have left out the first word of his sentence, which is a material word, and bringeth in this his saying, as a reason of that which goeth before. Athanasius ●●ndeth himself grieved, that both he and many other Godly Bishops for the truth itself, suffered much cruelty, and were wrongfully condemned, not according to the order of the Ecclesiastical judgement, but by the cruel threathes of the Emperor Constantius being an Arian and a fierce maintainer of the Arianisme. Who notwithstanding subtly covered his ungodly dealing under the pretence of a judgement or sentence passed by Bishops in Synod or convocation, which he called Episcopale judicium, a bishoply judgement. But saith Athanasius, Constantius can not so hide himself, seeing that there is at hand that can plainly bewray his wiliness, for if this be the judgement of bishops, what hath the Emperor to do therewith. But if on the contrary side these things be brought to pass through Caesar's threats, what needeth men, that have but the name of bishops, etc. There are two things necessarily to be considered, for to understand rightly the true meaning of Athanasius in this place by you alleged: first what was required to that which he calleth the judgement belonging to Bishops, or the Bishoply judgement. Than what was the doings of Constantius, pretending a judgement of Bishops. Liberius the Bishop of Rome, as Athanasius reporteth in this same Epistle require in a Synod Ecclesiastical, that it be free from fear, far from the palace, where neither the Emperor is present, neither the Earl or captain thrusteth in himself, nor yet the judge doth threaten. He meaneth that it be free from fear, threathes, and without this, that the Emperor or Rulers, do limit or prescribe to the Bishops what they should judge. This appeareth more plainly by S. Ambrose, who also speaketh of the like matter, yea under the same Prince, saying: Constantinus set forth no Ad Valent. Epist. 32. Laws before hand, but gave free judgement to the Priests. The self same also did Constantius, (in the beginning of his reign) but that which he well beg●nne, was otherwise ended. For the Bishops at the first had written the sincere faith, but when as certain men will judge of the faith within the Palace; he meaneth after the opinion of the Courtiers and prescription of the Prince, otherwise it was not unlawful to judge of matters, concerning faith within the Prince's Palace, the Prince also being present, for the first Nicen council was holden within the emperors palace, and he himself was present amongst them: They brought this to pass, that those judgements of the bishops were changed by Circumscriptions. Then is required in a Synod (saith he) that 〈…〉 the only fear of God, and the institutions of the Apostles, do suffice to all things. Next, that the right faith be approved, and Heresies, with the maintainers thereof, be cast out of the council, and than to judge of the persons that are accused of any fault. So that the Bishoply session or judgement, must have freedom, must judge by the only word of God, must have the Bishops that do judge to be of the right faith, and must first examine the Religion and faith of the party accused, and then his faith. Constantius, who notwithstanding that he did pretend a Bishoply judgement, used none of these observants, but the clean contrary. For as Athanasius complaineth in this Epistle, the Emperor wrought all together with threats, menacing the Bishops other to subscribe against Athanasius, or to depart from their Churches: Who so gaynsaide the subscription, received to reward, either death or exile. He without any persuasion with reasons, compelleth all men by force and violence, in so much as many Bishops afterwards excused themselves, that they did not subscribe of their own voluntary, but were compelled by force. Where as, (saith he) the faith is not to be set forth with swords or darts, or by warlike force, but by counseling and persuading. He in the stead of God's word, used his own will, appointing and prescribing what should be determined, answering the godly bishops, who objected against his unorderly doings, the ecclesiastical Canon: at quod ego volo pro Canone sit. Let my will stand for the Canon. Pretending a judgement of Bishops, he doth what so ever liketh himself. Where as Hosius saith, cytod by Athanasius in this Epistle: The Emperor ought to learn these things of the bishops, and not to command or teach them what to judge in this kind of judgement, for the Prince should not show himself so busy or curious in Ecclesiastical things, that his will and pleasure should rule or guide them, in stead of God's word, and the godly Canons of the fathers. Constantius would have no other Bishops but Arians, which were no Bishops in deed, as Athanasius saith, and much less apt to judge of the matter, touching a principal article of our faith, or of the faithful Bishop Athanasius: and taking his heresy as an undoubted truth, that might not be called into question, he sought by all means, to have Athanasius condemned, and all Bishops to refuse his communion, and to communicate with the Arians. These disorderly dealings of the Emperor, Athanasius condemneth, as directly against the order of Ecclesiastical session or Synod, how so ever he pretended under the colour of the Bishoply judgement, to abuse his own power and authority after his own lust against whom he would. You would have it seem to the ignorant, that Athanasius mind in this place were to deny, that Princes should meddle or deal in Ecclesiastical things or causes, which is far from his meaning: for he himself with many other godly bishops, as I have showed before, did acknowledge the Prince's authority herein, & in this same epistle he himself confesseth this emperors authority to call counsels, & citeth Hosius also, who inclineth to that purpose, both of them confessing, that Constans & Constantius Themperors, did call all the Bishops to the council, which he calleth Sardicense consilium: about the accusations & crimes laid in against Athanasius. And Theodoretus affirmeth. that this Emperor Constantius Lib. 2. ca 15. called a Synod at Milan about such like matter, at whose calling the faithful Bishops assembled, parents regio edicto, obeying the kings Summons: which they would not have done, if it had been unlawful for him to have had any doings about councils. But when he abused his authority in the council, as though his power had been absolute, without limits or bounds, willing them, yea compelling them, to do after his will against good conscience, they would not obey him. Quin etiam palam praesentem regem, coarguebant impij & iniusti imperij, but did openly reprove the King for his wicked and unjust rule or commandment: whereby is manifest, that Athanasius, speaketh not against the Prince's authority in Ecclesiastical matters, but against his tyranny, and the abusing of that authority, which God hath given him, wherewith to minister unto God's will, and not to rule after his own lust: they commend the authority, but they reprove the disorderly abuse thereof. Now let us see how this saying of Athanasius helpeth your ●ause. Constantius the Emperor dealt unorderly and after his own lust against Athanasius and others, pretending nevertheless the judgement of Bishops, which Athanasius misliketh, as is plain in this place avouched: Ergo, Bishops and Priests may make laws, decrees, orders, and exercise the second kind of Cohibitive jurisdiction over their flocks and cures, without commission from the Prince or other authority: I doubt not but ye see such fault in this sequel that ye are, or at least ye ought, to be ashamed thereof. M. Fekenham. Almighty God saith by his Prophet Hieremy, which was both a Prophet and a Priest. Ecce dedi verba mea in ore tuo. Ecce Hier. 1. constitui●te hody super gentes & super regna, ut evellas & destruas & disperd●s, & dissipes, & aedifices, & plants, Gregorius Nazianzenu● Greg. Nazian. de Hier. dict. oratione. 18 ad subditos timore per culsos & Imperatorem irascentem. Ezech. 34. sermone de dictis Hieremiae ad Iulia●um Imperatorem: Pu●as no patimini ut verum vobiscum agam, suscipitis ne liberratem verbi & libenter accipitis quod lex Christi sacerdotali vos nostrae subijsset potestati, atque justis tribunalibus subdit? Dedit enim nobis potestatem, dedit principatum multo perfectiorem principatibus vestris, aut nunquid justum videtur si cedat spiritus carni, si à terrenis caelestia superentur, si divinis praeferantur humana? Sed patienter quaeso accipite libertatem nostram. Scio te ovem esse gregis mei, scio te intra sacra altaria cum veneratione subijci manibus sacerdotis, etc. And by this Prophet Ezechiel almighty God saith: We pastoribus Israel, quod infirmum fuit non consolidastis, quod aegrotum non sanastis, quod confractum non alligastis quod abiectum non reduxistis, quod perierat non quaesistis. Into the which maledictions and curses, the Bishops and Priests must needs incur if they have no jurisdiction over their flock, if they may not visit them, if they may not reform them, if they may not order and correct them at all times as they shall see cause. Chrysostomus Homil. 5. de verbis Esaiae, ubi sacerdotem ast●uit esse Chrysost. hom. 5. de verb. Esa. medium inter Deum & Hominem, nullumque honorem in terris illius honori posse conferri. And therefore here to conclude this my objection unto your L. answer, I shall here finish the same, saying with the blessed martyr Ignatius, S. john the Evangelists disciple. Quod nemo praeter Episcopum aliquid agat eorum quae ad Ecclesiam Ign. Epist. 7. ad Smyrnens. pertinent. And so to adjoin hereunto the saying of S. Augustine, who in speaking, Contra julianum, ait de doctoribus Ecclesiae: quod credunt, credo: quod tenent, teneo: quod docent, doceo: quod praedicant, praedico: istis cede, & mihi cedes. etc. The B. of Wynchester. In all this part there is not one sentence, that can be drawn by any force to help your cause. It sufficed you to heap up a sort of testimonies together, to make a show although nothing to the purpose. Yea the words spoken to the Prophet Hieremy maketh plainly against you. For they show that the ministers in God's Church, have authority to pluck up by the roots, and to destroy evils and the kingdom of Satan, to plant good things, and to edify the Church, as the gloze interlined hath it, or all manner wicked and false doctrine, and what so ever the heavenly Father hath not planted, as the gloze ordinary expoundeth it. But the means whereby this jurisdiction and authority is exercised, is limited and appointed in these words: Behold I have put my words in thy mouth, saith God to Hieremy. So that other jurisdiction over people & kingdoms, than the preaching of God's word Hieremy had not. Hieremyes' mouth is touched, saith the gloze ordinary, and the lords words are given (to him) that he should receive boldness to preach. Of this boldness to preach the word of God, speaketh Gregory Nazianz. in the place by you alleged. After he had comforted his hearers, he turneth his speech to the Princes, and such as were in authority, must we spare you (saith he) because of your power, as though we feared, or were ashamed of the liberty given us of Christ? Christ's law hath made you subject to my power, and to my judgement seat. He speaketh of a spiritual subjection by faith, & obedience to the minister, exhorting, comforting, and edifying to eternal life by the word of God. And he addeth more expressedly what manner of rule or empire he challendgeth, namely such as bringeth the flesh to be subject to the spirit, such as maketh earthly things subject to Heavenly. And the subjection he requireth is none other, than such as the spiritual sheep oweth to the spiritual pastor, whose rule and subjection Christ uttereth in this sentence: My sheep hear my voice and follow me. I know saith Nazianzene to the joan. 10. Emperor, that thou art a sheep of my flock, and thereupon he concludeth that he must boldly preach the word to the Emperor, & that he on the other side is subject thereto & aught to obey. And this is the proper jurisdiction that belongeth to the Bishops & Priests, the which if they exercise with all possible diligence & faithfulness, they shall escape the curses that the Prophet Ezechiel menasseth: As contrariwise if they use never so princely, your popish, or rather pompous Canon Law jurisdiction, which consisteth in Courtly consistories, & forinsecal judgements, far disagreeing from the right jurisdiction of true and Christianlike Prelates, they shall not in the end escape the deserved maledictions, and curses threatened to such by the Prophet Ezechiel. Chrysostom in the homily by you cited condemning the presumptuousness of the king Ozias, in enterprising to offer incense, which belonged by God's commandment only to the Priest, doth compare the object or matter of both their ministries together, affirming, that the Priestly dignity respecting the matter whereabout it is exercised, which is heavenly and spiritual, doth far exceed the other, for that the matter thereof is but earthly and outward. His words maketh his meaning plain: The kingly throne (saith he) hath the administration of earthly things, and hath not beyond this power, any further authority. But the throne of the Priest is placed in heaven, and he hath authority to pronounce of heavenly businesses, who saith these things? the king of heaven himself: what so ever ye bind upon earth, shallbe bound in heaven also: and what so ever ye louse on earth, shallbe loosed in heaven also, what may be compared with this honour? Heaven taketh of the earth principal authority to judge. For the judge sitteth in the earth: the Lord (Christ) followeth the servant, and what so ever this (servant) judgeth in the inferior (parts) that same he (Christ) approveth in Heaven. Therefore the Priest standeth a mean or mediator betwixt God and man's nature, bringing unto us the benefits that come from thence (from Heaven) etc. These words of Chrysostom if they have not an indifferent interpreter, that will make his words by just circumstance to serve his meaning, and not to bind his meaning to his bare words, will make Heaven to receive authority of the Earth: will prove Christ to be inferior to the Priest, and the Priest to have the mediation betwixt God and man, by means whereof we may receive the Graces that cometh from Heaven, which mediation belongeth only to Christ. Now sith in all these objections hitherto, ye have brought forth nothing at all, that either made not against yourself, or that maketh any whit for you, it is more than time ye draw to Conclusion, and because no good Conclusion, can follow of evil premises, ye were driven to conclude, & finish up your objection with the like patching, wresting and falsifiing your Authors, as ye did before: and therefore in the Conclusion, like to him, that having no right to any, claimed all, to obtain somewhat at the least: Even so you, to prove that your Bishops, and priests have all jurisdiction Ecclesiastical, allege a piece of a sentence out of Ignatius, which barely by itself recited, giveth not only all that unto the Bishop but all things belonging to the Church beside, and that no man may do any thing, not so much as toll a bell to service, or sweep the Church, but only the Bishop must do all alone. Which conclusion some of your complices would so little allow, as those whom ye would overburden, and ye yourself might go play you, as one that had nought to do, in any thing pertaining to the Church. But to help the matter, and to make Ignatius words plain without absurdity, you must take with you the residue of the sentence that followeth, which ye leave out, of The Sacrament of thanksgiving, and celebrating the Divine Service, and then it shall easily appear, that Ignatius talketh of such doings of a Bishop, as in deed declare his function & office, & yet furthereth no whit the Conclusion of your objection. So that your Conclusion being yet as insufficient as the rest, you are feign to adjoin an other piece thereunto: Wherein although ye show how evil a ioygner you be, to adioygne those two pieces of sentences together in one Conclusion, that are of clean sundry matters, yet in one point ye have made them both agree, that as ye wrested the one, so ye not only wrest, but flatly falsify the other, and yet neither of them both stand you in any stead, to help your objection, much less to conclude the same. For first, how doth this follow: S. Augustine saith (say you) of the Doctors of the Church: That they believe, I believe: that they hold, I hold: that they teach, I teach: that they preach, I preach: yield to them, and thou shalt yield to me. Ergo, Bishops and Priests have power and authority to make laws, orders, and Decrees, and to use all cohibitive jurisdiction over their flocks and cures. Now if your friends that have believed hitherto as you believe, have held as you hold, taught as you teach, preach as you preach, and believing the upright dealing and conscience, that you pretend, have yielded unto you herein, do but a little examine your false dealing with those Fathers, whom you would seem so wholly to follow, I think they would no longer believe you, hold with you, nor yield unto you, but suspect you as a deep dissembler, or rather abhor you, as an open slanderer and belier, not only of me, but of the ancient Fathers themselves. For first I would learn of you, where S. Augustine hath those words, in all his six books against julian, Istis cede & mihi cedes, if he have them, show where: if he have them not, then how do ye follow S. Augustine? How dare you impudently say, ye preach and teach that he did, when ye manifestly mangle, altar, pervert, and corrupt the saying that he did teach. In deed for fashion's sake ye cite a piece of S. Augustine's sentence, that they believe I believe, etc. but for that which followeth istis cede & me non caedes: yield to them and thou shalt not strike or whip me: you have put in these words, istis cede & mihi cedes, yield to them and thou shalt yield to me: and yet this corrupting of the sentence maketh it serve no whit the more for your purpose, but uttereth your falsehood: that belike will not spare to corrupt that which maketh flat against you, that thus use to corrupt this, which maketh neither to nor fro with you, nor against me. But as S. Augustine writing in the same matter against julian, a Disciple of Pelagius, an English Monk, dealing with S. Augustine, as ye have done with me, said to julian: so say I to you. Ye feign me Lib. 3. to say that I say not, to conclude that I conclude not, to grant that I grant not, and you conclude to yourself that which I deny, etc. In deed you have laboured more to find out those reasons which ye Lib. 5. might better utter against yourself than against me. But in such a cause ye should not need to take such pains, if you had any shame in you. S. Augustine in these books against julian, as in his other against the Donatists, (as I have declared before) did attribute unto the Emperors and Princes, the Bishops and Priests, such Ecclesiastical jurisdiction as I have done. Of the same mind that he was herein, were also these fathers, that he citeth. Wherefore you will now I trust, according to your promise, yield and relent: If not to me for stubborn heart: yet according to your conclusion to S. Augustine, and the ancient Fathers, to believe herein that they believe, to hold that they hold, to teach that they teach, to Preach that they preach, and no more to wring, mayhem, slander and belie them. And than both I and all other faithful Christians will both better believe you, and give God thanks for you. M. Fekenham. After long expectation, and many promises, his L. final answer to the said objections, was as hereafter followeth. For as much as I do perceive, that you are not to be resolved in this matter, I shall here stay and proceed no further with you in the same: and like as you have been, so you shallbe unto me most heartily welcome: You shall lack nothing that is in my house to pleasure you: And from henceforth I shall leave to have any further talk or conference with you in these controversies of Religion. And for all such talk and writing as hath passed already between us, I shall perform this my promise, both first and last made unto you, that you shallbe well assured, not to suffer any hurt or damage thereby. The B. of Wynchester. You delivered this objection unto me in writing, betwixt Easter and Whitsuntide, about the end of April: within two days following, when I had red the same, I told you, that in the collection of your common places, you were much abused, for that you had mistaken them, and observed no just circumstances of the authorities, whereby to have known the authors meaning: And so we continued in debating and reasoning, from time to time, about this matter of jurisdiction, and others, until the beginning of September following, before which time, your obstinacy grew so much, that I was forced, through your unorderly behaviour, to restrain you of your licentious talk, and sequester you from conference with any, having so much before abused yourself, and especially in mine absence, and I was the rather moved so to do, for that I perceived all that I did, was but in vain: as at diverse times and often, I repeated that unto you, obstinately bent to the contrary, meaning by such stoutness to recover your credit, which through your inconstancy was so impaired amongst your friends. I said, at your first coming, and many times after, you being sent by the Honourable Council, that you were welcome, which by good proof, although utterly without any your good desert, ye found true. I did say, that I would leave to have any further talk or conference with you, touching matters of Religion, or any other: but you should have showed the time and place, where, and when these words were spoken: I spoke them the Sunday at after dinner, when in your gallery, I did reprove you of your disorders, and therefore restrained you of such liberty, as before ye had enjoyed. The promise made unto you, not to utter that which ye should say by way of reasoning, in preiudize of the Q. majesty's Laws, I have hitherto, & yet do firmly keep to you, as you can not justly charged me with the contrary, in any particular point, and so you have sustained no hurt or damage thereby. M. Fekenham. The performing of his promise was as hereafter followeth. First there was a rumour sperced abroad very shortly after by his servants, that I had subscribed to certain Articles, t●nne in number. second, there was by his servants a further rumour raised, of my recantation, time and place appointed thereof to be at the Parish Church of Waltham, where his L. did then manure and abide. thirdly, his L. did at his open table, and in the presence of many, charged me with the change of my Religion nine times, and being put in further remembrance by one M. Denny who was a Sogener with him, his L. said, that I had altered and changed my Religion, not only nine times, but nineteen times, and that I was of no Religion. Fourth, his L. did permit the said M. Denny at his open table toto much to abuse me. Where the said M. Denny did openly and before many, charged me with these three crimes following, First with incontinency of life, thus saying: That if I had not as many children as he, he did know that I had deserved to have so many. second with Gluttony, affirming that I was an Epicure. Third and last with hypocrisy, and that I was a great dissembler and an hypocrite. The said M. Denny being a man to me wholly unknown. His L. did show himself openly to be so well pleased with these his slaunderours' words, that he ministered just occasion for me to think that his L. had procured the said M. Denny thereunto. Fifth, by so much the more, I had good cause to think so, for that his L. did immediately thereupon, viz. within one hour after, in fortifiing the said talk command me to close imprisonment. Sixth, and last after that he had kept me six weeks in close imprisonment, by his L. complaint I am now at this present prisoner in the Tower, much contrary to his promise before made. The premises being true (like as they are all most true) being to openly committed and before to many witnesses to be denied. Your honour may easily judge with what wisdom, discretion, and charity I have been used, I being a poor man, the Q. majesties prisoner and to his L. committed (I dare boldly affirm) to be well used. It was very strange to me to see such behaviour openly showed at the table of such a man. Surely for mine own part, I was never so used, neither openly or privately at any man's table before in my whole life. My humble suit therefore unto your honour is, that proof and trial may be had of my truth herein, and what my deservings hath been for the whole time of my abode there. In due search and examination hereof I doubt not but there shall fall out matter betwixt us, either of much simplicity and truth, or else of great craft and falsehood, either of honest, virtuous, and godly, or else dishonest, vicious, and ungodly usage, and either of much light, learning, and knowledge, or else of very gross ignorance, and palpable darkness, let it fall and light on the which side it shall hap, upon the trial and examination made, I doubt not by God's help, but that your honour shall have a full show and a sufficient proof made of every thing that hath passed between us. There may be denial made for a shift and some short time, but for any long time it may not possible endure, every thing being so openly committed and done, so diverse and many being of knowledge and witness thereof. The B. of Wynchester. To this challenged of promise breach, in these six points: Truly I know not of any rumour spread of you, by any of my servants, or otherwise that ye subscribed to any Articles, ne, yet ever heard any thing hereof, before I saw the same report in your book published: And if any such rumour were spread by any my servants or other, you should have named him, that he might receive condign punishment therefore. second, as to the further rumour of your Recantation, I say likewise I understood nothing but by your own report in your book, and therefore referring the Author to be punished accordingly, I think the punishment ought to light upon yourself. Thirdly, as to my charged of your changing in Religion. ix. times, ye. nineteen. times, I said so and that truly upon proof of your unconstant affirming and denying, not so few times, as I had good experience oft in you, and can have witness in the same. Fourthly, touching your abusing by M. Denny, ye misreport the Gentleman, as to any thing that ever was spoken before me. But if any such were, it was as I heard say at my return home (for I was abroad in preaching when such scoffing talk was betwixt you) by occasion of some talk ministered on your part to M. Denny, partly by way of merry talk betwixt you twain, & partly stirred up by your unseemly woord●, and yet none of all these in my hearing. But in the last date, when I restraigned your liberty, you did so much before me at my table provoke the said gentleman by calling him Epicure, for that he fasted not as ye said, that I, fearing least M. Denny like a young man should give some evil words again, willed him to say nothing, for that I myself would answer the matter for him: Mine answer was, that I marveled why you would call him Epicure: for if you so thought, because he did eat flesh, & never fish, I said, he might so well fast with flesh, as with fish: but if it were for that he used not abstinency, I said in that M. Denny did more than you: for where you had every day in the week your three meals, frydaie and other, the gentleman was contented three days in a week, with one meal a day, and never did eat above two. And as it is untrue, that either M. Denny was a man to you utterly unknown, being conversant together in one house a quarter of a year before, and in familiar company, yea sought many times by you to play at the bowls, to walk in the park, & to be merry together: so is it also untrue, that I heard you so abused as I could or did like therein, and so untruly do you surmise, that I should procure M. Denny, by any means to abuse you, as ye malitiousely conceive of me. fifthly, as to the restraint of your liberty, which you call close imprisonment, to have been for these talks betwixt M. Denny and you, within one hour after: You know right well, that your restraint was not upon that occasion, but upon your seemly behaviour about other matters, whereof ye make no mention, lest you should have proved yourself a Liar. After I had in few words calmed the storm that seemed would arise betwixt M. Denny and you. I entered into talk with you in matters of Religion, as I was wont to do daily before. The talk was of venial & mortal sin: you have not forgotten the occasion, I am sure: for if you have in your remembrance the Monkish jebusites, you call them jesuits, you may remember that a cross that came from them, gave the occasion of the talk in that matter. I proved that no sin is so venial as it could be remitted by any ceremony: yea, there is no sin but the same of itself is mortal, and yet venial, to be purged by the merits of Christ only: and that all sins, were they never so mortal, were nevertheless venial, saving all only the sin against the holy Ghost, which is irremissible. For this my saying, and other points which I condemned, ye fell into such a rage, that ye not only railed against the Bishop of Sarisbury, saying: he was utterly unlearned, and that he should never be able to answer M. Harding's book, but also openly called me almost in plain terms Heretic, and said, my doctrine which I preached (yet ye would never hear me) was erroneous, filihy, and blasphemous: so filthily your blasphemous mouth, could rail against God's truth. Whereupon, I, to state you, said alonely that those were unmannerly words to be spoken at mine own table: and therefore would as than say no more openly unto you there, but told you that after dinner I would show you more of my mind, betwixt you & me. And so shortly after dinner, I came up to you, and there calling you into the gallary of my house, adjoining to your chamber, I put you in remembrance of that which I had before oftentimes admonished you, of your outrageous talk in mine absence, used oftentimes openly at my table, whereof I had sundry times given you warning, for that the same might breed peril to yourself, blame to me, and offence to others. And because I found still the continuance of that your misorder: yea, to be much more vehement many times in mine absence than in my presence: Therefore I willed you thenceforth to abstain from conferring with any man in any wise at all, adding that you should have to your chamber, all things necessary, & what meat you would competently appoint for your own diet, which ye had accordingly. And although I did restrain you from coming to my table, or to go so much at large as you had done: yet had you no other keeper than you had before, which was your own man: you had a fair Gallery adjoining to your chamber, opening to my park, your servant a chamber by himself, next to yours, ye had Leads fair and large, on the which ye might walk, and have prospect both over the Parks, Gardens, and Orchards. And therewith thrice in the weak at the least, whiles I lay at Waltham, with one by me appointed, you walked abroad into the Parks, Garden, and Orchard: and this you call your close empriprisonment. Sixthly, touching my complaint to the most honourable of you, whereby you were remitted prisoner again to the Tower, what the same was, their honours can well declare, if their pleasure so be: being sure that I have not broken promise with you hitherto, in uttering your opinion against the Laws of the Realm, as I have before said, which ye showed at any time in the private conference. And so ye have not any cause to challenge me in that behalf. To conclude, by the premises it may appear to the honourable as by a taste, what sincerity there is in you. Again, that this your quarrelling and beliing me by spreading this book, was and is chief, to recover your credit with those of your faction: who as I have said, had conceived some doubt of your revolt, and to confirm them in their grounded error, and herewith to bring me and other such as I am, into obloquy and hatred. And lastly, to impugn & bark against the Q. majesties Lawful and due authority, which you and your complices daily labour to subvert: which matter I refer to be further considered, by the grave wisdom of the most honourable. FINIS.