A counterblast to M. Hornes vayne blaste against M. Fekenham Wherein is set forthe: a ful reply to M. Hornes Answer, and to euery part therof made, against the declaration of my L. Abbat of Westminster, M. Fekenham, touching, the Othe of the Supremacy. By perusing vvhereof shall appeare, besides the holy Scriptures, as it vvere a chronicle of the continual practise of Christes Churche in al ages and countries, fro[m] the time of Constantin the Great, vntil our daies: prouing the popes and bishops supremacy in ecclesiastical causes: and disprouing the princes supremacy in the same causes. By Thomas Stapleton student in diuinitie.

M. Horne. The .163. Diuision. pag. 106.

You tooke vpon you to proue, that this (.571.)* 1.1 seconde kinde of Cohi∣bitiue Iurisdiction vvith the appurtenances thereof: as I haue rehersed, vvas appointed by the expresse vvord of God immediatlie to Bisshoppes and Priestes, vvithout further commission of Princes or other povver, vvhich I denied.

Novve lette vs consider the force of your proufes, and see hovve thei cō∣clude your cause. First yee saie, that the woordes of the first parte of the Othe, doe by expresse woordes of the Acte, geue vnto the Q. highnes all maner of iurisdictions, priuileges and pree∣minences in any wise touching and concerning any Spiritual or Ecclesiastical iurisdiction within the realme, with an ex∣presse debarre and flat denial made of al Spiritual iurisdiction

vnto the Bishops therof to be exercised ouer their flockes and cures without her highnes special commission, to be graunted therevnto: they hauing by the expresse word of God, commis∣sion of spiritual gouernment ouer them. Your (.572.)* 1.2 euil dealing vvith the vvordes of the Acte of the Othe, expresseth an vnkindely meaning to the Prince and the state: for that either the Acte or the Othe debarreth or denieth expressely or conuertly the to Bishops of this realme to exercise ouer theyr flockes and cures, vvithout her highnes special commission graunted thereto, any spirituall iuris∣diction assigned to a Bishoppe by the vvorde of God, is altogether (.573.)* 1.3 vntrue. The Statute geueth, or rather restoreth to the Prince Iurisdiction and Authority to enquire after vvhat sorte, the Ecclesiasticall state and personnes behaue them selues in their cu∣res and chardges, to refourme and corecte the disorders, negli∣gencies, and enormities ••isinge amongeste them to the hinde∣raunce of theyr Office in theyr cures and chardges, and in summe to order and prouide, that they doe execute theyr Office accor∣dinge to theyr calling in theyr cures and chardges. This is not to debarre or denie thē the exercise of theyr office vvithout a spe∣cial licēce. Neither do the (.574.)* 1.4 expresse vvords of the statut geue to the prince al manner of iurisdictiōs in such absolute vvise, as you report, in any wise, and any spiritual iurisdictiō within the realme. For these termes, all maner, in any wise, and any spiritual iurisdiction, vvhich you enforce so much, are not found in the gift or restitutition of spiritual iurisdictiō made by the acte vnto the Prince: but in that part vvhere the Acte geueth aftervvard povver and authority to the Prince to execute the Iurisdictiō, novv * 1.5 vnited and annexed to the Croune, by mete de∣legats, to be assigned, named▪ ād authorised by cōmissiō or letters pa¦tents vnder the great Seale of england. If ye vvil hereof infer, that bycause the princes haue by vertue of the acte, full povver and au∣thority to name, assigne, and authorise any person vvhom they shal thinke mete to exercise, vse, occupy, and exequute vnder thē, al ma∣ner of iurisdictions, priuileges and preheminences in any vvise, tou∣ching or concerning any spiritual or ecclesiastical iurisdictiō vvith∣in

theyr dominions or countries: Therfore al maner iurisdictiō is in the prince to be exercised, vsed, occupied, and executed by them, for othervvise you vvil say, the princes cannot geue ād cōmit to others, that vvhich they haue not receiued and is not in thē selues. Your argument is easely ansvvered in fevv vvords: it is a foule (.575.)* 1.6 Sophisticatiō, à secundū quid ad simpliciter. These vvords of the act, al maner, in any wise, are (.576.)* 1.7 restrained and boū∣ded, vvithin the limites of the gift: vvhere you of purpose, to beguile the simple vvithal, do let thē runne at large, and set them forth as mère and simple vniuersalles vvithout any limites at al. The Acte geueth or restoreth to the prince iurisdictions, priuileges, superiori∣ties, and preheminencies, spirituall and ecclesiastical, but it (.577.)* 1.8 addeth this limitation suche as by any spirituall or ecclesiasti∣cal povver or authority hath heretofore ben, or may laufully be ex∣ercised or vsed: And for that these vvords (as by any spiritual or ecclesiastical power or authority hath heretofore ben, or laufully be exercised and vsed) may be maliciously stret∣ched by avvrāgling Papist, and might seme to som, that haue good meaning also, to geue ouer large a scope, the mater or obiect vvher¦in, or vvhere about, those spiritual or ecclesiastical iurisdictiōs, pri∣uileges, superiorities, and preheminēces, are exercised, vsed and doe consist, is limited ād added in these (.578.)* 1.9 expresse vvords (for the visitation of the ecclesiastical state and persōs, and for reformatiō, order and correction of the same, and of al maner errors, heresies, schismes, abuses, offences, contē¦ptes, and enormities) vvhich vvords of limitatiō in the gift, as they geue not to the prince, the exercise of that iurisdiction that cō¦sisteth and vvorketh in the invvarde and secrete court of cōscience, by the preaching of the vvord and ministration of the Sacramentes, vvhich belōgeth only and alone to the Bishops, neither do they au∣thorise the prince to vse that iurisdiction that belongeth properly to the vvhole church: euē so do they geue rightly vnto the prince to ex∣ercise al maner iurisdictions priuileges, superiorities, and preemi∣nences in any vvise touching, and cōcerning any spiritual or ecclesia¦stical iurisdictiō, (.579.)* 1.10 cōteined vnder the second kind of cohibi∣tiue

iurisdictiō: for that may the Prince laufully exercise and vse, and doth not belōg vnto the Bisshops, othervvise then by (.580.)* 1.11 cō∣mission, and authority of positiue Lavves. This limitatiō of iurisdi∣ction set forth by expresse vvords in the Act, you knovv right vvel: ye vvere also at sundrie times put in mind thereof, and you vvere vvel assured, that your alleaging the vvords of the Act so darkly, cōfusedly, and (.581.)* 1.12 vntruly, could neuer further your cause amō∣gest the vvise: and yet vvould you nedes publissh them in this sort to the people, vvherby at the least, to make both the Prince and the lavv odious vnto the simple subiects. The Bisshops haue by the ex∣pres vvord of God, cōmission of spiritual gouernmet ouer their flock that is, to fede the flock of Christ, cōmitted to their charge, vvith Gods holy vvord, as I haue declared before. ••hey haue cōmission to absolue the faithfully penitēt, and to retaine or bind the impenitēt: that is, to (.582.)* 1.13 declare and assure both the one and the other, by the vvord of the Ghospel, of Gods iudgemēt tovvard thē. VVhat vvil ye infer herof? VVil ye cōclude therfore, they haue al maner of Spiri¦tual gouernmēt o•• ••urisdictiō ouer thē? Yōg Logiciās knovv this is an* 1.14 yl cōsequēt, that cōcludeth vpō one or diuers particulars affirma¦tiuely an vniuersall. Thus (.583.)* 1.15 ye argue, Bisshops by the expres vvord of God, haue cōmission to preach to their cures, to remit or re¦tein sinnes: Ergo, they haue cōmission by the expres vvord of God, to Sōmon Coūcels, or Synods general or prouincial, to visit: that is, iu∣dicially sitting in iudgemēt, to enquire of mēs maners, and forinsi∣cally to punissh or correct and to decide the cōtrouersies amōgst the people: touching contracts of matrimony, vvhordom tythes, sclaun∣ders, &c. And to ordeine Decrees, Lavves, Ceremonies, Rites, &c. If this conclusion follovv consequently vpon your antecedent, thē doth it ouerthrovv the doctrin of your Romissh diuinity, vvhich graūteth not to the Bisshops īmediatly from God this povver, vvithout a spe∣cial commission from the Pope, in vvhom only, as the * 1.16 Papists say, is fulnes of iurisdictiō and povver. But if this conclusion follovv not consequētly vpō the ātecedēt, as a mā more thē half blind may plainly see it doth not: thē haue ye concluded (584)* 1.17 nothīg at al by Christes diuinity, that may further the mat∣ter ye haue taken in hande to proue. You falsly reporte the scriptures, in this that you saie: the Bisshops haue cōmission by the expres vvord of God to geue vnto their flockes and cures, the holy Ghoste by imposition of their handes.

For the place vvhich ••e quote for that purpose, expresseth no such commission, neither (.585.)* 1.18 any other place of the holy scriptures. The Bishoppes haue so daungerous a cure and chardge ouer the soules committed vnto them, that God vvill require the bloud of those that perishe (thorough their negligence) at their handes: and therfore hath geuen them sufficient commission for the discharge of their cures. It vvere therefore an * 1.19 horrible absurdity, if they might not exercise any Iurisdiction ouer them: if they might not visit, refourme, order and correct them, by that commissiō vvith∣out a further commission from the Q. highnes. But doo yee not perceiue, vvhich the most simple may see, vvhereof also yee often vvere admonished by me, your vvarbling sleight, and Sophisticall quarellinge in equiuocation of vvordes and termes? As there are tvvo (.586.)* 1.20 sortes of Iurisdictiō vvhereof the one not Cohibitiue, properly belongeth to the Bishoppe vvhich he may and ought to exercise ouer his flocke, vvithout any other commission than of Christ: so to visit, refourme, order and correct, are of tvvo sortes: the one a † 1.21 Scripturely visitacion, reformation and correction by the onely vvorde of God, vvhich the Bishoppes may and ought to exercise in time, and out of time, vvith all possible vvatchefulnes and diligence vvithout any further† 1.22 commission. The other kinde of visitation, reformation and correction, is Forinsecall or court∣ly, vvhiche I comprehende vnder the seconde kinde of Cohibitiue Iurisdiction, and this the Bishoppe may not exercise vvithout a further commission from the Prince. VVerefore it is ouer foule an absurdity in you to inferre, that the Bisshops may not exercise any Iurisdictiō, visitaciō, reformatiō or correctiō, bicause they may not vse this Forinsecal, or courtly vvithout the Princes commission.

Notes

• * 1.1

  The .571. vntruthe. M. Fekē∣hams ob∣iection is of the first kind, not of the secōd kīd.
• * 1.2

  The .572. vntruthe. Sclaunderous. M. Fekenhā reported the effecte of the Othe truely.
• * 1.3

  The .573. vntruthe. For that is moste true, as it shal ap∣peare.
• * 1.4

  The .574. vntruth. The expresse wor∣des of the Statute doe geue to the prince, povver to Authorise men to vse all maner of iu∣risdictions, as it is here reported, abso∣lutely. Ergo it ge∣ueth to the Prince the iurisdictiōs also
• * 1.5

  Marke: If this iu∣risdiction be vnited to the croun which the Prince in al ma¦ner doth assigne, name, ād authorise other to execute, why saied you be∣fore, that the Sta∣tute gaue not to the prince all maner of Iurisdictions?
• * 1.6

  The .575. vntruthe. It is no sophistica∣tiō at al: you proue no such thing.
• * 1.7

  The .576. vntruth. For they are not re∣strained in any part of the Acte.
• * 1.8

  The .577. vntruthe. This limitatiō vvēt before, it is not ad∣ded after those ge∣neral vvordes here noted. See the Acte it selfe. Againe it is in effecte no limita∣tion at all, as shall appeare.
• * 1.9

  The .578. vntruthe. These words make no limitation of ec∣clesiastical iurisdi∣ction authorised by the prince, neither doe appertayne therevnto.
• * 1.10

  The .579. vntruthe. This is a false addi∣tion not expressed in the Acte, but ra∣ther denyed by the generality thereof.
• * 1.11

  The .580. vntruthe. To say so, is imp••us error. A vvicked er∣rour, by Antonius Delphinus M. Hor∣nes Authour.
• * 1.12

  The .581. vntruthe. Sclaunderous. The vvords of the Acte vvere by M. Fekē∣ham plainely and truely sette forth.
• * 1.13

  The .582. vntruth. Ioyned vvith an heresie, as shall ap∣peare.
• * 1.14

  Such an euel cōse∣quēt you haue vsed throughout your booke, of certaine dealings cōcluding suprē gouernment in al causes.
• * 1.15

  The .583. Vntruthe. M Fekenham ar∣gueth not so.
• * 1.16

  Thē S. Bernardis a Papist who saith so Epist. 238. Solus ipse Rom. Pont. plenitu∣dinē habet potestatis.
• * 1.17

  The .584. Vntruthe. For M. Fek. therby cōcludeth that by such cōmissiō beīg geuē to bi¦shops im∣mediatly frō God in som spiri∣tuall cau∣ses, the Prīces au∣thorising for al ma∣ner of spi∣ritual causes to be vsed and exercised, is vvrongfully geuen by the Acte.
• * 1.18

  The 585. vntruth, ioyned vvith an heresy.
• * 1.19

  Here M. Horne cō¦dēneth the doinges in kinge Edwardes daies, and now also for an horrible ab¦surdite, as shall ap∣peare.
• * 1.20

  The .586 vntruthe. Vnproued as be∣fore.
• † 1.21

  A nevv terme for a nevv doctrine.
• † 1.22

  This is againste the Acte. For no Iurisdiction vvhat soeuer can be vsed, or exercised in Englāde vvithout the Princes special commission.