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.

The .19. Chapter. Of Iustinian the Emperour, and diuerse Popes and Bisshoppes vnder him.

Stapleton.

ALL this standeth in two pointes. First, that an other Pope, Agapetus by name, was againe sent in Ambas∣sage of Theodatus the King. But this (as Liberat{us} wri∣teth) was a tyrannical force, made bothe to the Pope, and to the whole Senat of Rome. These Arrian and barbarouse Gothian Kings are no fit examples of gouernmente due to godly Catholik Princes. And their vtter destructiō folowed immediatly after, vnder Belisarius Iustinians Captain. Such blessed presidents M. Horne hath foūd out, to build his ima∣gined Supremacy vpon. The next point is, in the deposing of two Popes by the Emperour Iustinian, wherin we nede by so much the lesse to enlarge our aunsweare, for that M. Horne freely and franckly of him selfe confesseth that they were vniustly deposed. Againe, that you say, the Pope suffe∣red him self obediently to be spoiled &c. If your tale wer true, that were you know, but an homly obedience: but now he suffred not that spoile as you imagine, obediently: but was brought to that point by a very craft and traine, as in Plati∣na and Liberat{us} it may be sene. This therfore may passe for an other of M. Horns vntruths. So hard it is for such Prote∣stāt Prelats to tel a true tale. With the like truth you write, that the Pope like an obediēt subiect, acknowleged the Princes autority. And why? Because forsoth he suffred himself to be cloistred vp by force of Belisarius (or rather his wife) the Emperours Captain. If such patience parforce proue a sub∣iection, then is the true man an obediente subiecte also to the theefe, when he yeldeth him vppe his purse in the high waie to saue his lyfe.

But we say if there had bene iuste cause to depose them: yet neither themperour, nor the Councel could lawfully haue deposed them. And because good Reader, thou shalt haue a shorte and a ready proufe, and that framed to thy hand already by M. Horne, I remit thee to the fourth Ro∣man Councell, wherevpon M. Horne lately pleaded, and to the very same sentence that M. Horne did him selfe al∣leage. But yet by the way I must score vp as an vntruth, that Iustinian deposed Anthimus. For it was not Iustiniā, but Pope Agapetus that gaue sentēce of depositiō against hī: nor he was not deposed at that time, but before. In dede Iustiniā executed the sentence, and thrust him out of Con∣stātinople, and banished him, though thempresse toke part with him. For fiirst we find, that Agapetus was desired by a supplicatiō of diuers of the East, to depose him. We haue also in the actes of the .5. generall Councel declared, that Agapetus did depose him. In case these testimonies wyll not serue, ye shal heare Iustinian him selfe, that shal tel you that it was not he, but Agapetus that deposed Anthimus. Quēadmodum nuper factū esse scimus circa Anthymū, qui qui∣dē deiectus est de sede huins vrbis à sancto & gloriosae memoriae Agapeto sanctiss Rom. Ecclesiae pontifice. Euen, saith Iustinian, as we knowe it happened of late to Anthimus, who was displaced from the see of this imperial citie by Agapetus of holy and gloriouse memorye, bishop of the holy Churche of Rome. Neither was Vigilius deposed by the Emperous au∣thoritye, as M, Horne fableth, but for not yelding to the Eutychian Emperesse, Iustinians wife, he was by a trayne brought to Constantinople and so banished. And all this was done rather by the wicked Emperesse, then by Iustini∣ā: who (as Liberatus writeth) restored again both Siluerius

(thoughe by the meanes of Belisarius he was caried awaye againe into banishment) and Vigilius also, though he dyed by the way in Sicilia.

M. Horne. The .67. Diuision . pag. 38. b.

About this time, Epiphanius Bisshop of Constantinople, as Libera∣tus, sayih, died, in vvhose roune the Empresse placed Anthymus. About vvhich time, vvas great strife betvvene Gaianus and Theodosius, for the bisshopricke of Alexandria, and vvithin tvvo monethes, sayth Libera∣tus, the Empresse Theodora sent Narses a noble man, to enstall Theo∣dosius, and to banissh Gaianus: Theodosius being banisshed, the sea vvas vacant: vvhervnto Paulus (vvho came to Constantinople to plead his cause before the Emperour, against certaine stubborne monkes) vvas appoin∣ted, and he receiued, sayth Liberatus, (.188.) authority of the Em∣peroure, to remoue heretiques, and to ordeine in their places men of right faith. This Paulus vvas shortly after accused of murther, vvhervpon the Emperour sent Pelagius the Popes proctour, lying at Con∣stantinople, ioyning vnto him certaine other bissops (.189.) vvith commission to depose Paulus from the bissoplike office, vvhich they did: and they or∣dered for him Zoilus, whome afterward the Emperour depo∣sed, and ordered Apollo, who is nowe the Bisshop of Alexan∣dria (sayth Liberatus). Certaine Monkes mette vvith Pelagius in his re∣tourne from Gaza (vvher Paulus vvas deposed) tovvards Constantinople, bringyng certaine articles, gathered out of Origenes vvorkes, minding to make suyte vnto the Emperour, that both Origen and those articles, might be condemned, vvhom Pelagius for malice he bare to. Theodorus bisshop of Caesarea in Cappadocia, an earnest fautor of Origen, did further all that he might. Pelagius therfore doth earnestly entreat themperour, that h•• vvold cōmaund that to be dō vvhich the Monks sued for: to vvit, that Origē vvith those articles should be dāned. The vvhich suit themperour graūted. being glad (.190.) to geue iudgmēt vpō such matters, and so by his commandmēt, the sentēce of the great curse against Origē, and those articles vvere dravvē foorth in vvriting and subscribed vvith their hands, and so sent to Vigilius the bisshop of Rome, to Zoilus bissop of Alexādria, Euphe∣mius of Antioche, ād Peter bisshop of Hierusalē. These Bishops recei∣uing this sentēce of the curse (.191.) {pro}noūced by themperours

cōmaundmēt, and subscribing thervnto: Origen was condēned being dead, who before long agoe on liue was condemned.

Stapleton.

Here is a myngle mangle I can not tel wherof, and a tale tolde of a tubbe, for any reason or certaine scope that I see in it. Here haue we nowe, that themperours wife placeth and setteth in bishoppes to. For it was Theodora the Euty∣chian Emperesse that placed and displaced the bishops here named: sauynge Paulus whiche was made by Pelagius the Popes Legate at Constantinople: whych thyng M. Horne concealeth. But I meruaile by what warrant that Empresse did al this. I dare say not by M. Knoxes and his fellowes, of whom I haue spoken. And what bishop, think you, that she setteth in? No better surely then her selfe: that is, Anthimus the captaine of the heretikes of that time. But this geare goeth handsomly in and out, all thyngs I warrante yow in dewe order and proportion: euen in as good, as the matter is good it selfe. For nowe M. Horne, after he hath declared, that Anthimus was deposed from his bishoprike, is retour∣ned to shewe howe he was first ordered and made bishop. We haue then a tale tolde, to no purpose in the worlde, of Paulus the bishop and a murtherer, deposed, and well and orderly to, I trowe by Pelagius the Popes proctour, and so howe M. Horne frameth his primacy hereof, God woteth, I wotte not in all the world. For as for Iustinians commis∣sion to depose bishops, if M. Horne meane of such as Kyng Edward gaue in England of late, it is M. Hornes commis∣sion and not Iustinians. Neither hath hys author any suche thing. But only that themperour gaue the bishop authority, to appoint Captaines and other of the Emperours officers, to helpe forward the execution. Nay saieth M. Horne, the

wurste is behind. For Iustinian thēperour gaue his iudge∣mente vppon Origenes and cursed him to. Here in dede somwhat might haue bene sayde sauing that we haue sayd somwhat alredie of suche manner of cursing, and sauinge that M. Horne of hys great curtesie hath eased vs, ād hath made (I trowe againste hys will, but nothing against hys skill) a full answere for vs: saying that Origenes was long before this tyme, yea yet lyvinge condemned. Thē was there here no newe sentēce or determinatiō made by Iustinian, but a confirmation of the olde: and no more matter of su∣premacie, then yf a man shoulde beshrewe Luthers cur∣sed harte for his newe broched heresies, and curse them and him to: hys heresies being manie hundred yeares be∣fore condēned, ād cursed by many a good vertuous clerke, and by many general and other Coūcels to Neither did Iu¦stiniā geue any sentēce of curse against Origen him self, but as Liberat{us} saith; at his cōmaundemēt or procurīg the chief Patriarchs, of Rome, of Alexādria, of Antioch, ād of Hieru∣salē did it and so by the ordinary Iudges in this case, not by the Emperours only or absolut commandemēt he was cō∣demned. And we find in the acts of the .5. generall Coū∣cell, Origen condemned with Arius, Macedonius, Euthy∣ches and other.

M. Horne. The .68. Diuision. pag. 3••. a.

VVhen Theodorus bisshop, of Caesarea in Cappadocia heard of this condemnation, to be reuenged he laboured earnestly vvith the Emperour, to condemne Theodorus Mopsuestenus a famous aduersary of Origen, the vvhich he brought to passe by ouermuch fraude, abusing the Emperour to the great slaunder and offence of the Church. Thus in all these Ecclesiasticall causes, it appereth the Emperor had the (.192). chief entermedling, vvho al∣though at the last vvas beguyled by the false bisshops: yet it is vvorthy the noting by vvhom this offence in the Church came, vvhich appeareth by that,

that follovveth: I beleeue that this is manifest to al men (saith Liberatus) that this offence entred into the Church by Pelagius the Deacō, and Theodorus the Bisshop, the which euē Theo∣dorus him selfe, did openly publishe with clamours: crying, that he and Pelagius were woorthy to be brente quicke, by whome this offence entred into the worlde.

Stapleton.

M. Horne nowe will bringe vs a prety conclusion and prove vs, because bishopes be at dissention and abuse the Prince assisting nowe the one parte, nowe the other that the prince is supreame head. Whereof will rather very well followe this conclusion. Experience sheweth that princes the more they intermedled in causes of religiō, the more they troubled the Churche, the more they were thē selues abused, and also misused others: Therefore prīces a∣re no mete persons to be supreme heads in such causes. Examples hereof are plenty.

Constantin the great persuaded by the Donatistes most importunat suyt, waded so farre ouer the borders of his owne vocatiō, that (as S. Augustin writeth) à sanctis anti∣stibus veniam erat petiturus, it came to the point he should aske pardon of the holy bishops. The same Emperour by the suit of the Arrians medled so far with bishops matters, that he banished the most innocent, most godly, and most lerned bishop Athanasius: whereof in his deathebed he re∣pented, willing him by testament to be restored.

Theodosius the first, persuaded with the smothe toung of Flauianus the vnlawful and periured bishop of Antioch did take his parte wrongefully against the west bisshops and the greatest parte of Christēdom: wwhereof we haue before spoken.

Theodosius the seconde, defended the Ephesine con∣uenticle against Pope Leo, seduced by Dioscorus and Eu∣tyches, or rather abused by one of his priuy chamber Chry∣saphius an Eunuche: and wynked at the m••••dering of holy Flauianus, whome the Chalcedon Coun••••ll calleth Mar∣tyr.

Zenon the Emperour deceyued by Acatius of Constā∣tinople, banished Iohn Talayda the Catholike patriarch of Alexandria, who appealed from the Emperoure to Pope Simplicius. And nowe in like maner this Emperour Iusti∣nian while he was ouer busy in ecclesiastical matters, as one that toke great delight (so noteth Liberatus) to geue iudg∣ment in such matters, being deceiued by Theodorus of the secte of Acephali, condemned Theodorus Mopsuestenus and Ibas two most catholike bishops, and highly praysed in the Chalcedon Councel, wherof sprong vp in the Church a moste lamentable tragedye for the space of many yeares as all writers doe pitefully report. This same Iustinian also banished the good bishop of Constantinople Eutychius for not suffering him to alter Religion. But he restored him a∣gaine in his deathbed, as Constantine dyd Athanasius. He woulde haue banished also Anastasius an other Catholyke bishop of Antioche, because he would not yeld to his here∣sy of Aphthartodocitae. Such examples ought rather to teach Princes not to intermedle with matters aboue their vocati∣on (trulye as muche as the sowle passeth the body) then to geue them anye presidentes of supreame gouernemente, yea IN ALL CAVSES, as Mayster Horne and hys fellowes, as long as Princes fauour them woulde geue vn∣to them.

M. Horne. The .69. Diuision. pag. 39. a.

This Pelagius as yet vvas but Suffragan or proctour for the Pope, vvho aftervvard in the absence of Pope Vigilius his maister, crepte into his See, in the middest of the broiles that Totylas King of the Gothes made in Ita∣lye, vvhen also he came to Rome. In the vvhiche Historie is to be no∣ted the Popes (.193.) subiection to Totylas, vvhome humblie on his knees he acknovvleaged, to be his Lorde, appointed thereto of God, and him selfe as all the reste to be his seruaunte. Note also hovve the King sent him Embassadoure, vvhat charge, and that by Othe, of his voyage, of his message, and of his returne, the King straight∣lie gaue vnto him: hovve buxomelie in all these things he obeyed: Hovve last of all tovvard the Emperour (being commaunded by him to tell his mes∣sage) he fell doune to his feet, and vvith teares bothe to him and to his Nobles, he ceased not to make moste lamentable and humble supplication, till vvithout speed, but not vvithout (.194.) reproche, he had leaue to returne home. But least you should take these things, to sette foorthe that Princes had onely their iurisdiction ouer the Ecclesiasticall personnes, and that in matters Temporall, and not in causes Ecclesiasticall, marke vvhat is vvritten by the Historians. Platina amongest the Decrees of this Pope Pelagius, telleth (and the same vvitnesseth Sabellicu••) that Narses the Emperours other deputie, Ioyntelye with Pelagius did decree, that none by ambition shoulde be admitted to any of the holye Orders. Pelagius moreouer vvriteth vnto Narses, desi∣ring him of his ayed against all the Bisshoppes of Liguria, Venetiae, and Histria, vvhich vvould not obey him, putting their aff••aunce in the autho∣ritie of the first Councell of Constantinople. In vvhiche Epistle amongest other things he vvriteth on this vvise: Your honoure must remem∣ber what God wrought by you at that time, when as Totyla the tyraunt possessing Histriam and Venetias: the Frenche also wasting all thinges, and you woulde not neuerthelesse suffer a Bis••hoppe of Myllaine to be made, vntill he had sente woorde from thence to the moste milde Prince (mea∣ning the Emperour) and had reciued answere againe from him by writing what shoulde be done, and so bothe he that was or∣deined Bisshoppe, and he that was to be ordeined, were brought to Rauenna at the appointment of your high autho∣ritie.

Not long after, Pelagius. 2. bycause he vvas chosen In••ussu Prin∣cipis, without the Emperours comaundement, and could not send vnto him by reason the tovvne vvas beseged, and the huge risyng of the vva∣ters stopped the passage: as soone as he might being elected Pope, he sent Gre∣gory to craue the Em••erours pardone▪ and to obtaine his good vvill. For in those dayes (sayth Platina) the Clergie did nothing in the Popes election except the election had bene allovved by the Empe∣rour.

Stapleton.

M. Horne telleth vs a tale after his olde wonte, that is without head or taile, to abuse his ignorant reader with a confuse heape of disordered and false wordes. Pelagius was sente by the Romans to King Totilas to entreat of peace, and that he would for a time ceasse from warre, and geue them truce. Saying that if in the meane whyle they had no succour, they would yelde the citye of Rome to him. Pelagius coulde wynne none other answere at his hands, bu•• that they should beate downe the walles, receiue his army, and stand to his curtesy and mercye. Totilas being afterward in possession of the City▪ and fearing warres frō the Emperour Iustinian, sent Pelagius to Iustinian, to tra∣uaile with him for peace: sending him withall worde, that in case he would inuade Italye, he would destroye Rome, and plucke it downe faste to the ground. Totilas toke an othe of Pelagius and hys other ambassadours to doe hys message faythfullie, and to returne againe theyre ambassa∣de exployted. Pelagius most pitefullye and withe manie teares layethe before Iustinian the miserable state and the vtter destructiō and desolation of Rome impedente, onlesse he woulde forbeare warre with Totilas: yea he ād hys fel∣lowes fell vpon theire knees most humblye beseching him to haue compassiō of the citye. But in fyne Iustiniā would

not relent. Wherevpon sone after their returne, Rome was set al on fier by Totylas, and no lyuing creature, man, wo∣man, nor childe suffered there to inhabite. Prye nowe M. Horne and pycke out here what ye can to establishe your primacye: your folye is to open to be in this matter withe many words refuted. Here is no one matter Ecclesiastical, and that ye see wel inowghe: and therefore your selfe as faste as ye can wou••de steale away from yt, and proue your matter otherwise. But Sir ye shall not so steale awaye, but beside the note of extreme folye, to busie your selfe and your Readers with that, which your self can not deny, no∣thing to towch spiritual matters, but that ye shal carry with you a lie or two. Els tel vs why you wil haue vs to note the Popes subiection to Totylas, seing that neither Pelagius was then Pope, Vigilius yet liuing at Cōstantinople, neither was he any other way subiect, then as to a Tyrant. For Totilas (who for his rage and crueltyes was called Flagellum Dei, the Scourge of God) at that tyme tooke Rome, and entred with the conquest. Pelagius did that homage to him, to ob∣tayne mercy for his poore Cytyzens. And when Totylas seing him coming towarde him, said: What meaneth this ô Pe∣lagius? comest thou to me as a suppliant? Pelagius answered, sayinge. Yea Sir I come to you, seing God hath made you my Lorde. But haue mercy, I beseche you, vpon ••our seruaunts, haue mercy vpon the poore Captiue Cytie. And this lo was the sub∣iection of Pelagius made to Totylas, which you wishe to be noted M. Horne, as though it made any thing for the Popes subiection in spiritual matters. Tel vs also whye ye write, that he departed with reproche. What reproche had he at Iustinians hand? Your authour Sabellicus sheweth of none. But see the mans folish wilynes. In dede Sabellicus writeth

that Pelagius was noted as a fauorer of Anthimus: but then saith he withall, that Pelagius did detest it of all thinges to seme to fauour him. Wel, to supply this defect of his super∣fluous liyng talk of Pelagi{us} be brīgeth forth a decree against symony, made by Pelagius and Narses th'Emperors deputy. This is no mater of faith, M. Horne, no, nor no new decree of maners, but such as had bene decreed long before. And therefore but an execution of the old Canons: which Nar∣ses might medle withal wel inoughe. There is then to make vp the mater yet ones againe a declaration concerning the interest of the Emperour in the election of Bishoppes and Popes too: wherevnto at this time we nede not greatly to say any thing: so much hath ben said hereof before.

M. Horne. The .70. Diuision. pag. 40. a.

About the time of Pelagius the first his Papacy, vvas there a Councel hol∣den at Tovvers in Fraūce, by the licence and consent of Arithbertus the King, for the reformation of the Churche discipline, vvherein appeareth, that the Kings authoritie vvas (.196.) necessarily required to confirme and streng∣then the discipline. For vvhere they decree of the maides or vviddovves, that shall not be maried, vvithoute the consente of the parentes, vvhiche is an especiall matter Ecclesiasticall, they declare (.197.) the strength thereof to depend vpon the commaundement of the Prince. Not onely (say they) the Kings, Childebert and Clotharius of honourable memory, kepte and preserued the constitutiō of the lawes touching this matter, the which nowe the King Charibert their successour hath confirmed or strengthened by his precept.

Stapleton.

Nowe is Maister Horne reuolted to Fraunce againe, but not to tarie there long. For sodainly he returneth againe to Constantinople. His short tale consisteth in two lyes. First when he saieth the Kings authoritie was necessarily re∣quired to confirme the discipline of the Churche. For that

neither is in the Councell, neither can be gathered out of it. The second is, that the Coūcel declareth that the strength of their Decree, being a speciall matter Ecclesiastical dependeth vppon the commaundemente of the Prince. For the Coun∣cell declareth onely, that those good Kings of Fraunce kept the Constitution of the Churche in that behalfe: and for∣ced by lawe the due obseruation thereof. Like as Iouini∣an the Emperoure, made it death by lawe, to defile a Vir∣gin or Nonne. Though that sinne before, was by the Chur∣che condemned. All this doth but multiplie woordes. It proueth nothing your imagined Supremacye. Mary if you will knowe M. Horne, what this Councell by youre selfe alleaged, maketh for the Popes Supremacie, I will not lette to tell it you. The Fathers of the Councell do saye: What Priest is he that dare be so bolde, as to doe contrarye to suche Decrees as come from the See Apostolique? And a li∣tle after. And whose authoritie may take place, if it be not theirs, whome the Apostolique See sendeth and maketh his deputies or Referendaries? Our Fathers haue euer kept that, which their authoritie commaunded. Thus you fight well for vs, but nothing for your selfe.

M. Horne. The .71. Diuision. pag. 40. a.

The Emperoure Iustinianus calleth the Bisshoppes of all Churches vnto a Generall Councell at Constantinople, the vvhich is called the fifte oecumeni∣call Synode, to represse the insolence of certaine Heretiques, vvho taught and mainteined Heresies and Schismes, to the greate disquieting of the Chur∣che againste the doctrine establisshed in the foure forenamed General Coun∣celles. In the time of this Councell Menna, the Bisshoppe of Constanti∣nople departed out of this life, in vvhose roome the Emperour placed Euty∣chius. The Emperour gouerneth and directeth all things in this Councell, as the Emperours before him had done in the other Generall Synodes, as ap∣peareth by the vvriting, vvhiche he sente vnto the Bisshoppes, vvherein he

shevveth, that the right belieuing godly Emperours his auncestours did al∣vvaies labour, to cutte of the heresies sprong vp in their time, by calling together into Synode the most religious Bisshops, and to preserue the holy Church in peace: and the right faith to be sincerely preached and taught. He allegeth the'xāples of Cōstātinus Magnus, Theodosius the elder, Theodosius the yonger, and Mar∣tianus the Emperours: vvho (saith he) called the former generall Coun∣celles, vvere present them selues in their ovvne personnes, did aide and helpe the true confessours, and tooke great trauaile vppon them, that the righte faithe should preuaile, and be preached. Our forenamed auncestours of godlie memorie (saith he) did strengthen and confirme by their lawes, those things whiche were decided in euerye of those Councelles, and did expulse the Heretiques, whiche went about to gainesaye the determination of the fower fore∣named Generall Councelles, and to vnquiet the Churches.

He protesteth, that from his first entraunce, he made these beginnings and foundation of his Emperiall gouernement, to vvitte, the vnitie in faith agreeable to the fovver Generall Councelles, amongest the Churche mini∣sters, from the East to the VVest: the restraigning of schismes and contenti∣ons stirred vppe, by the fautours of Eutyches and Nestorius, againste the Chalcedon Councell: the satisfying of many that gainsaied the holy Chalce∣don Councell, and the expulsion of others, that perseuered in their errours, out of the holye Churches and Monasteryes: To the ende that con∣corde and peace of the holye Churches and their Priestes, be∣ing firmely kepte, one, and the selfe same faithe, whiche the fower holy Synodes did confesse, might be preached through∣out Gods holye Churches, He declareth hovv he had consulted vvith them by his letters and messengers about these matters, and hovv they de∣clared their iudgementes vnto him by their vvritinges: not vvithstanding seeing certaine Heretiques continue in their heresies: Therefore I haue called you (saith he) to the royall Cittie (meaning Constantinople) exhorting you being assembled togeather, to declare once a∣gaine your mindes touching these matters. He sh••vveth that he opened these controuersies to Vigilius the Pope, at his being vvith him at Constantinople: And we asked him (saith he) his opiniō herein:

and hee, not once nor twise, but oftentimes in writinge, and without writing, did curse the three wicked articles, &c. VVe commaūded him also by our Iudges, and by some of you, to come vnto the Synode with you, and to debate these three Articles together with you, to the ende that an agreable form of the right faith might be set forth: and that we asked bothe of him and you in writing touching this matter: that eyther as wicked articles, they might be condemned of all: or els, if he thought them right, he should shewe his minde openlye: But he answered vnto vs: that he would doe seuerely by him selfe concerning these three points, and deliuer it vnto vs. He declareth his ovvne iudgement and beliefe, to be agreeable vvith the faieth set foorth in the fovver Generall Councelles. He prescribeth vnto them the speciall matters, that they should debate and decide in this Synode: vvhereof the finall ende is (saith he) That the truth in euery thing may be confirmed, and wicked opinions condemned. And at the last, he concludeth vvith an earnest and godly exhortation, to seeke Gods glory only, to declare their iudgements agreable to the holy Ghospell, touching the mat∣ters he propoundeth, and to doe that vvith conuenient spede. Dat. 3. Nonas Maias, Constantinopoli.

Stapleton.

Here M. Horne, as he hath other Emperors and Princes, so would he now beare Iustinian in hand also, that he is and ought to be the Supreme head and gouernour in all causes euen Ecclesiastical and Spiritual. But Iustinian, if you will hearken to his lawes and Constitutions, will tell you flatly that suche a heade agreeth not with his shoulders. He wil not be made such a monster at your handes. You shall finde him as very a Papist for the Popes Supremacy, as euer was any Emperor before him, or sence him. For who I pray you was it, M Horne, that by opē proclamatiōs ād laws for euer to continue enacted, that the holy Ecclesiasticall Canons of the foure first Councels shall haue the strength and force of

an imperiall lawe? Was it not Iustinian? Who ys yt that embraceth the decrees of those holy Councells, euen as he doth the holy and sacred scriptures? And ke¦peth their Canōs as he doth the imperial lawes? Who but Iustinian? Who enacted also, that according to the definitiō of those foure Councels, the Pope of Rome shal be taken for the chiefe of all Priestes? Iustinian. Who yn an expresse lawe declared, that no man doubteth, but that the principality of the highest bis∣shoprike resteth in Rome? Iustinian. Who declared to Pope Iohn, that he studied and laboured, howe to bring to subiection, and to an vnitye with the See of Rome all the priestes of the Easte? Iustinian. Who tolde him, that there shall be nothing moued pertei∣ning to the state of the Churche, be it neuer so open and certaine, but that he would signify it to his Holi∣nesse, being head of all holy Churches? Iustinian. Who declared, that in all his lawes and doings for matters ecclesiastical, he followed the holy Canons made by the Fathers? Iustinian. Who published thys lawe that, when any matter ecclesiastical is moued, his laye officers should not intermedle, but suffer the Bissoppes to ende yt accordyng to the Canons? This selfe same Iustinian.

What great impudency then is it for you to ob∣trude him this title of supreme gouernour, whiche so many of his expresse lawes doe so euidently ab∣horre? What shame, infamy and dishonour shoulde it be for him, to accept any such title, the Canons

of the holy Catholike Church, and his owne law∣es, standing so plainly to the cōtrary? What? would you haue him an heretike, as you are? Hath not he yn hys Lawes pronounced hym to be an here∣tike, that doth not cōmunicate in faith with the holy Churche, especiallye with the Pope of Rome and the fowre patriarches? Hath he not also in his said lawes shewed, that the Pope of Rome hath the primacy ouer all priestes, by the first fowre generall Councelles, vnto the which the Pope and all other patriarches haue a∣greed? Obtrude not therefore this presumptuous Title to this Emperour, who of al other most shun∣ned it. Bring forth M. Horne, what ecclesiasticall Constitutions and decrees you wil or can, made of this Emperour Iustiniā. Al wil not serue your pur∣pose one iote. This only of the diligent Reader be∣ing remembred, that all such lawes he referred to the Popes iudgement: that he made not one of his owne, but followed in them all, the former Canons and holy Fathers. Last of all that he enacteth ex∣presly, that in ecclesiastical matters, lay Magistrats shall not intermeddle, but that bishops shall ende al such matters according to the Canōs. These three thyngs beyng well remembred and borne awaye, nowe tell on M. Horne, and bring what you can of Iustinians Constitutions in ecclesiasticall mat∣ters.

The effecte of all your Argumentes yn thys Diuision, resteth vppon thys poynte, that Iustini∣an made Lawes for matters ecclesiasticall, which thing I nede not further answer then I haue done.

Sauing partly, that this lye of M. Hornes woulde not be o∣uerpassed: wherein he imagineth all things here spoken to be done in the fifte generall Councell at Constantinople: whereas a greate part of them were done in an other Coū∣cel at Constantinople vnder this Emperour, whiche M. Horne doth here vnskilfully confoūde. Partly also to shew yet ones again, that Iustinian himself doth so expounde his doinges, that M. Horne can not wel wreste them to his pur∣pose. For Iustinian saieth. We following the holy fathers &c. and so forth: as we by many places of Iustinian haue decla∣red before. Againe speaking of things decreed in the Synod against Zoaras. Your sentence, saieth he, being of power by yt se••fe, our imperiall maiestye hath made yt yet muche stronger, which doth expulse him out of this imperial City. Lo M. Horn the decree of the Synode is stronge, thoughe the Emperour neuer confirme it, and where is then become your impe∣rial primacye? Nowe farder you heare to what purpose the princes assiste: that is for the furtheraunce of the executiō. The bishops had deposed Zoaras, but they by their power coulde not thrust him out of the City and banishe him. This must be don by the ciuil power, and this did Iustinian, and by that made the Councels lawe the stronger. And so ye now heare of Iustiniā himself, what is the meaning of that which you here and so often alleage, that Princes strēghthē the lawes of the Church. And to shew that the Supreme gouernment, which is the final Sentence and Iudgemēt re∣sted in the bisshops, not in the Emperour, in the first Actiō Theodorus the Emperours Officer, bringeth in the playn∣tif Bishops of Syria, and saieth to the Synode. Vt in his inter∣pellantes, vos ipsis finem imponatis. To the entent that you considering these supplications, maye make an ende of thē.

And in the same Action the Emperour himself againe affir∣meth, that: As ofte as the Sentēce of the Priestes hath deposed any from their holy rowmes, as vnworthy of priesthood, so ofte the Empire was of the same minde, and made the same order or cōstitutiō with the Authority of the priestes. Where you see M. Horne, that the deposing of Priestes or Bishoppes, pro∣ceded first from the Authority, Sentence and Iudgement of the Priestes: And was afterwarde putte in execution by the Imperial lawes. That is, to say all shortly. The bishops deposed. The Prince banished. For by death in those dayes Princes proceded not against the clergy thoughe deposed and condemned in generall Councell. I might nowe goe forwarde for any thing of weight remayning: sauinge that your marginal note, that the Emperour commaundeth the Pope to come to Councell, stayeth me a litle, as making some good apparance for you. Ye say he commaunded the Pope, but yf ye had proued withall, that he had such authority to commaunde, then would the matter ronne better on your syde: or that ye could shewe that at this commaundemente he came to the Councel, which ye are not able to shewe. But yet am I able to shewe he came not. So that this indu∣ceth rather the Popes primacy, especially considering, that he was at Cōstātinople, euen whē the Councel was kept. Marciā also sent his letters to Pope Leo to come to Chalce¦do, ād yet he came not, but sent his deputies thither for hī.

M. Horne. The .72. Diuision. Pag. 41 b.

The (.199.) Title prefixed to the first general Councel, summoned by the commandement of Iustinian, telleth in effect generally, both the matter and also vvho had the chief authority in the ordering thereof: for it is intituled: The diuine ordinaunce and constitution of Iustinian the Em∣peror against Anthymus, Seuer{us}, Petrus, and Zoaras, Mennas the

vniuersal Archebisshop and Patriarche of Constantinople, vvas present in this Councel, vvho had adioyned vnto him, placed on his right hande, cer∣tain Bisshops, coadiutours, named and (.200.) appointed by the commaun∣dement of the Emperour, sent out of Italy from the sea of Rome. VVhen they vvere set thus in Councel, Themperour sent Theodorus one of the maisters of the Requestes, or his Secretarie, a vvise man, vnto the Synode: Bisshops, Abbottes, and many other of the cleargy, vvith their billes of supplications, vvhich they had put vp vnto themperour, for redresse of certain matters Ec∣clesiastical. Theodorus maketh relation vnto the Synode hereof, deliue∣reth the Billes of supplication to be considered on: presenteth the parties to the Synod, and shevveth that this is themperours pleasure, that they shoulde (.201.) dispatche and end these matters. Paulus the Bisshoppe of Apamea, in his bil of supplication, offred to the most godly Emperour in the name of al his, acknowledgeth him to be the highest Potentate in the worlde next vnto God: who hath magnified his Empire, and throwē his aduersaris vnder him: because he mainteineth the only and pure faith: offreth vnto God pure Leuen, that is to say, true doctrine as incense, and burneth the chaffe (meaning false re¦ligiō) with vnquencheable fier. And after the declaratiō of their Faith talking of the Eutychian or counterfaite catholike, He desireth them∣perour, to whom God hath reserued the ful authority to direct, to cut him from the Churche, and to expulse him out of his Dominions. In like sort the religious men, and the Monasteries of Secū∣da Syria, doo offer vp a booke of supplication vnto the Emperour, beseeching him that he vvil commaund the Archebishoppe Mennas, president of the councel, to receiue their booke, and to (.204.) consider of it according to the Ecclesiastical Canons. The Emperour maketh a lavv and constitution, to ra∣tifie and confirme the iudgement of the Synode against Anthymus, and other heretiks: vvherein also he decreeth touching many other ecclesiastical matters or causes: as, No man to Rebaptize: to prophane the holy Communion: to cal Conuenticles: to dispute further in those matters concluded on: to publishe or set forth the Heretical

bookes: to communicate with them. And so knitteth vp all, vvith this conclusion. VVee haue decreed these thinges for the com∣mon peace of the most holye Churches: these thinges haue we determined by sentence. (.205.)

Stapleton.

You goe on M. Horne, euer like to your selfe, and to your brother M. Iewel. For as at the first, you beginne with a great vntruthe, so you procede on with a greate manye moe. I meane not that ye cal the first for the fifte, lette the printer beare this, but for the residewe ye must take it vpon your own shulders. As first wher ye speake of the title: ther is no such title prefixed before the Councel: there is such a sentence in dede. But that it is a title prefixed before the Councel, as though this ordination were made before the Councel, and so should tel both the matters and who had the cheif authority in the ordering thereof, this is no simple lie. But euer ye shoote to farre, or come to short home. Af∣ter those wordes by you rehersed yt followeth (which you leaue out) ad Petrum Archiepiscopū Hierosolimorū: To Peter Archebishop of Hierusalē, to whō Iustiniā did send this cō∣stitutiō, not before the Coūcel, but the Coūcel beīg ended. The order of these sentences, as it is declared in the acts of the Coūcel was this. First there was a sentēce geuē at Cō∣stantinople against Anthymus. Thē was there an other sen∣tence geuen there against Seuerus, Petrus, and Zoaras. Thē was the constitutiō of Iustinian (whereof ye speake) made and sente to the bishop of Hierusalē, which kept there also a Councel and condēned Anthimus. And al this was done in fowre monethes. And therfore yt cā not be the true title of this Coūcel. And much lesse tel the matter and who had cheif authority there. But euery man is not so cunning as you, to make men weene, that the egge was a chycke

before the henne had hatched. Yet for one thinge I here commende you, for telling vs that the Popes Legats in this Councel were set in the right hande of the Patriarche Me∣nas, whiche I suppose maketh somwhat for the Popes pri∣macye. But that you adde, they were named and appointed by the commaundement of the Emperour, I can not commēde you. For it is vntruly saied. They were the Popes owne Le∣gates and deputies, of his own naming and appointing, not of the Emperours. For it foloweth in the same Constitu∣tion of Iustinian, touching these Legates: Omnibus qui∣dem ex Italica regione ab Apostolica sede nuper missis. All being lately sent out of Italy from the See Apostolike. In like maner where you say, Theodorus a Maister of the Re∣questes to the Emperour, (as you call him) deliuered to the Synod the Billes of supplication to be considered on, such consi∣deration you finde not in the woordes of Theodorus: but this you finde him say to the Synode. V•• in his interpellan∣tes, vos ipsis finem imponatis. To thentent that by your meanes in these matters they may be ended and cōcluded. This the Emperours officer required of the Synode: that they would make an ende of the complaintes layed in by certaine Bisshoppes and Monkes. And this you conceale, and alter cleane to a simple consideration, as thoughe the Councel should haue considered, and then the Emperour concluded. And therefore yet ones againe in this very Di∣uision, you tel vs of a booke of supplication made by the Mo∣nasteries of Secunda Syria, to the Emperour, that Menna the president of the Councel should receaue their booke and consi∣der of it according to the Ecclesiastical Canons. The woordes of your Author are: Quae in ipso insita sunt Canonicè finem ac∣cipere conuenientibus ad ipsum &c. that the contents of their

booke of supplication, be ended and determined Cononically (not considered only) and that by the accorde (not of Men∣na only, whome only you name, being the bisshop of Con∣stantinople) but, of the most holy Romaines and the holy Sy∣node. Thus your false doctrine can not appeare (when it commeth to trial) but lodē alwaies with fardels of vntruths. But nowe I trowe we shall quickly lese this aduantage. For strayte ye bringe vs foorth a bisshop that calleth the Em∣perour the higheste potentate in the worlde next vnto God, maintayning the onely and pure faith: offeringe vnto God pure leuen of true doctrine, as incense, and burning the chaff (mea∣ning, as ye say, false religion) with vnquencheable fier. And thinke you M Horne, that yf Iustiniā now lyued, he would take your doctrine for pure fyne flower, and not rather for stynking musty chaffe or bran? Well you haue hearde his iudgemente in parte alredy. As for your bsshop yf he had sayd, in al causes, as you make hī to say in the margin, he had said wel towarde your purpose, but nothing towarde the truthe. And therefore ye hauing espied the former wordes not to come iumpe to your purpose, ye vndershore them withe an other sayinge of the saied bisshoppe, who spea∣kinge of an heretyke, desireth the Emperour to whome God had reserued the ful authority to directe, to cut him from the Church, and to expulse him out of his dominions. Ye are not for al this much the nearer: for wherein the good bisshop meante the full direction, he him selfe sheweth: that is, in cutting away of heretiks, and expulsing them out of his domi∣niōs. And therefore your goodly marginal note that, God re∣serueth to the Prince the fulnesse of direction in causes Eccle∣siasticall quayleth, and is not worth a rushe: Neither is yt to be collected by the expresse woordes of the bishop: and yf

yt were, sauing for your shrewd meaning and mistaking, yt were not greatly material. For it might stād right wel, mea∣ning of the ful and final directiō, which is the executiō. Ye now lay forth many ecclesiastical cōstitutions: and among other, that no mā shal dispute further in matters of religiō ons concluded (where are your Westmynster disputations thē?) and that themperour had decreed all those things by sentence, for the common peace of the Church. Ye say the truth, but not all the truth, for ye haue most falsly, following your accu∣stomable humour, left out iij. or iiij. wordes strayt waies fol∣lowing. We haue (saith Iustinian) determined these things fol∣lowing the decrees of the holy fathers. Which wordes doe set your self and your primacy to, quyt beside the sadle. And thus, as thēperours conclusion, that knitteth vp al, knitteth vp our conclusion to, for the ecclesiastical primacy, and vn∣foldeth al your false conclusiōs in this your false boke: So, yf ye take and ioyne the very beginning of the said constitutiō to the wynding vp of yt, the matter wilbe much clearer: and so clere that Iustiniās cōstitutiō that your self do bring forth, may serue for a sufficiēt answere to al your boke: cō∣cerning princes intermedling in causes Ecclesiastical. We do (saith Iustiniā) no strāge thīg, or such as thēperors haue not ben accustomed vnto before, in makīg this present Law: (meaning against Anthimus, Seuerus, and Zoaras) for as often as the bishops by their sentence haue deposed and displaced out of their holysees and dignities any vnworthy par∣sons, as Nestorius, Eutyches, Arius, Macedonius, and Eunomius, and certain other as nawghty as they were: thēperors folowing their sentēce ād authority decreed the same: So that ecclesiastical ād tēporal authority cō∣curring together, made one agremēt in right iudgmēt.

Euen as we knowe it happened of Late touching An∣thimus, who was thruste out of the see of this impe∣riall cyty by Agapetus of holy and gloriouse memorie, the bisshop of the most holy Church of olde Rome.

M. Horne. The .73. Diuision. pag. 42. a

Al things being thus done, by the commaundement of the Emperour, in the first Action, and so foorth, in the second, third, and fourth, after many ac∣clamations, the President of the Councel Mennas, concludeth: saying to the Synod: That they are not ignorāt of the zeale and minde, of the Godly Emperour, towards the right Faithe, and that nothing of those that are moued in the Church (.206.) ought to be don without his wil and commaundement.

Stapleton.

Now goe ye M. Horne clerkly to worke. For yf ye can roundly and hansomly proue this, ye may perchance set a new head vpon Iustinians shoulders: which yet woulde be but an vgle and a monstrouse sight. But this is neither clerk∣ly, nor truely don of you; to turne Cōuenit, yt is mete, semely, or conuenient: into oportet, yt must or ought. I maruaile ye bearing the state of a bishop, haue so litle faith and honesty: or dwelling so nighe Winchester schole, so litle sight in the grammer. Mennas had condemned Anthimus: the Bishops and other cryed, that forwith he should cōdēne Seuer{us}, Pe∣trus, and Zoaras: as he did a while after. To whome Mennas answered, that it was mete to cōsult with themperour first. which is very true: for his great zeale to the faith, ād for that

he hadde the exequution of the sentence, this is lyke your other knacke before, that Dioscorus and other must be deposed. And surely I woulde haue meruayled yf Mennas had takē Iustinian for the su¦preame head who within fowre lynes after decla∣reth the Pope to be the supreame head: and that he did followe and obeye hī in al things, and cōmunicated with them, that did communicate with him: and cō∣demned those whome he did condemne. Who also gaue Anthimus the heretik a tyme of repentance appointed by Pope Agapetus, and proceded in Sē∣tence against him, according to the prescription of the Pope, as Cyrillus proceded against Nestorius in the Ephesine Councel, according to the limita∣tion of Pope Celestinus.

M. Horne. The .74. Diuision. pag. 42. a.

Such is the autority of Princes in matters Ecclesiastical, that the Godly auncient Fathers did not only confesse, that nothing mo¦ued in Church matters (.207.) ought to be done vvithout their au¦thority, but also did submitte thēselues vvillingly vvith humble obedience, to the direct••on of the Godly Emperors, by their lavves (.208.) in al matters or causes Ecclesiastical, vvhich thei vvuld not haue done▪ yf they hadde thought, that Princes ought not to haue gouerned in Ecclesiastical causes. The same zelous Empe∣rour doth declare, that the authority of the Princes lavves doth rightly dispose and kepe in good order, both spiritual and tempo∣ral matters, and driueth avvay all iniquity: vvherefore he did not only gather togeather as it vvere into one heape, tha lavves that he him selfe had made, and other Emperours before him, tou∣ching ciuil or temporal matters: but also manye of those lavves and constitutions, vvhich (.209.) his auncestours had made in Ecclesiastical causes: Yea, there vvas nothing perteyning to the

Church gouernemente, vvhiche he did not prouide for, order and direct by his lavves and Constitutions: vvherein may euidently appeare the aucthoritie of Princes, not onely ouer the persons, but also in the causes Ecclesiasticall. He made a common and generall lavve to all the Patriarches, touching the ordering of Bisshoppes, and all other of the Clergie, and Church Ministers: prescribing the number of them to be suche, as the reuenues of the Churches may vvell susteine: affirming that the care ouer the Churches, and other re∣ligious houses, perteine to his ouersight: And doth further inhibite, that the ministers do passe foorth of one Churche to an other, vvithout the licence of the Emperour or the Bisshoppe: the vvhich ordinaunce he gaue also to those that vvere in Monasteries. He (.210.) geaueth authoritie to the Patri∣arche or Bisshoppe, to refuse and reiect, although great suit by men of much authoritie be made. He prescribeth in vvhat sorte and to vvhat ende the Churche goods shoulde be bestovved, and threatneth the appointed paines to the bysshoppe and the other Mynisters, if they trangresse this his Consti∣tution.

He prescribeth in vvhat sorte the Bisshoppe shall dedicate a Monastery: be giueth rules and fourmes of examination, and triall of those that shalbe admitted into a Monasterie, before they be professed: in vvhat sorte and or∣ders they shal liue together: He (.211.) prescribeth an order and rule, vvher∣by to choose and ordeine the Abbat: He requireth in a Monasticall personne, diuinorum eloquiorum eruditionem, & conuersationis inte∣gritatem: Learning in Gods woorde, and integritie of life. And last of all, he chargeth the Archebisshoppes, Bisshoppes, and other chur∣che Ministers, vvith the publisshing and obseruing of this his constitution: Yea his Temporal officers and Iudges also, threatening to them both, that if they doe not see this his Lawe executed and take the effecte, they shal not escape condigne punishment.

He protesteth, that Emperours ought not to be carefull for nothing so much, as to haue the mynisterye faithfull tovvardes God, and of honeste behauiour tovvardes the vvorlde, vvhiche he saith, vill easely be brought to passe, if the holy rules vvhich the Apostles gaue, and the holy Fathers kept, and made plaine, be obserued and put in vre. Therefore, saith he,

vve folovving in all things the sacred rules (meaning of the Apostles) do or∣deine and decree, &c. and so maketh a constitution and lavve, touching the qualities and conditions, that one to be chosen and ordered a Bisshop ought to haue, and prescribeth a fourme of triall and examination of the party, be∣fore he be ordered: adding that if any be ordered a Bisshop, not qualified ac∣cording to this constitution, bothe he that ordereth, and he that is ordered, shall * lose their bisshoprikes. He addeth furthermore, that if he come to his Bisshoprike by giftes or revvardes, or if he be absent from his Bisshoprike aboue a time limited, vvithout the commaundement of the Emperour, that he shall incurre the same penalties. The like orders and rules he prescri∣beth in the same constitution for Deacons, Diaconisses, Subdeacons, and Rea∣ders: commaunding the Patriarches, Archbisshops and bisshops to promul∣gate this constitution, and to see it obserued vnder a paine.

He af••irmeth that this hath ben an auncient Lavve, and doth by his au∣thority, renevv and confirme the same: that no man haue priuate Chappels in their houses, vvherein to celebrate the diuine mysteries: vvherevnto he addeth this vvarning vnto Mennas the Archebisshop, that if he knevv any suche to be, and do not forbid and refourme that abuse, but suffer this consti∣tution of the Emperour to be neglected and broken, he him selfe shal forfait to the Emperour fiftie poundes of gold.

Also that the ministers kepe continuall residence on their benefices: other∣vvise the Bisshop to place others in their roomes, and they neuer to be restored.

Stapleton.

We shall nowe haue a long rehearsall, full three leaues, of many Ecclesiasticall Lawes, made by Iustinian the Em∣perour. But who would thinke that M. Horne were ey∣ther so folishe to make suche a sturre for that no man deny∣eth, and the which nothing proueth his cause, or to reherse such constitutions of Iustinian, that partely ouerthroweth his Primacy, partly displaceth him frō al bishoply and priest∣ly office? But what shal a man saye to them that be past all shame, and haue no regard what they say or doe preach or write? Or how is this world bewitched, thus paciently to

suffer, such mens sermons and bookes, yea and to geue them high credit to? Tel me then and blushe not M. Horn, whether ye be not one of them, that for lacke of such qualities, as Iustiniā, according to the holie rules and Canons ye spake of, requireth in a Bishop, must lose your Bishoprik, and those al∣so that ordeined you? Is not this one of the qua∣lities, that a Bisshoppe should haue no maner of wife when he is ordered? Yea that his wife that he had be∣fore he was ordered Priest or Bisshop, must haue bene a virgin and no widowe at the time of mariage? Is not this one of the holye rules, whiche the Apostles gaue, and the holy Fathers kept and made plaine, whi∣che Iustinian would haue obserued and put in vre? Now againe for Priest, Deacon, or Subdeacon that marieth after he is ordered, doth not Iustinian euē in your owne constitution say, that he must forth: with be spoiled of all Ecclesiasticall function and office, and become a laie man? Loke nowe well aboute you Maister Horne, and aboute your fellowes Pro∣testante Bisshoppes, and tell mee, if this rule take place, whether ye can shewe among them all, any one Byshoppe? And so by the merueilous handy woorke of God, yee are neither Parliamente nor Churche Bishops. What do ye tel me of Iustinians constitutions touching Monkes and monasteries, and of the rules and fourmes that he prescribed to them? He sayeth in dede, that he hath a speciall care to see the monastical rules and fourmes according to the will of the holy Canones obserued. He saith that throughe the pure and deuoute prayers of religi∣ouse

men, all thinges doe prosper in the common wealth, both in peace and in warre. Yf then Iustinian threatneth punish∣ment, as ye truely say, both to spirituall and temporall ma∣gistrates for not publishyng and causyng hys Constitutions made for religiouse men to be obserued: howe sharply and roughlye woulde he deale with you, your fellowes, and maysters, that by your preachinges haue caused so manye monasteries to be so pityfully ouerthrowen? Howe should yow escape condigne punishment, thinke you, that make no better of these Iustinians, and not hys, but rather the holy Fathers, rules concernyng the monasticall life, then to call the sayde holy life a foolis••e vowe, an horrible errour, and a monkish superstition?

M. Horne. The .75. Diuision. pag. 43. b.

VVhan this Emperour vnderstood, by the complaints that vvere brought vnto him against the Clergy, Monks and certein Bishoppes, that their liues vvere not framed according to the holy Canons, and that many of them vvere so ignoraunt, that they knevve not the prayer of the holy oblation and sacred Baptisme: Perceiuyng further, that the occasion hereof vvas part∣ly, by reason that the Synodes vvere not kept accordinge to the order ap∣pointed, partly for that the Bishoppes, Priestes, Deacons, and the re∣sidue of the Clergy, vvere ordered, bothe vvithout due examination of the right faith, and also vvithout testimony of honest conuersation: Prote∣sting that as he is mindeful to see the ciuil Lavves firmely kept, euen so he ought (of duty) to be more carefull about the obseruation of the Sacred rules and diuine Lawes, and in no wise to suffer them to be violated and broken. He renueth the constitutions for the Cler∣gy, touching Churche causes, saing. Folowyng therefore those thin∣ges, that are defined in the sacred Canons, we make a Pragma∣ticall or moste full and effectuall Lawe, whereby we ordeine that so often as it shalbe neadfull, to make a Bishop. &c. And so goeth forvvarde in prescribing the forme of his election, examination, and

approbation. And shutteth vp the Lavve about the ordering of a Bishop vvith this clause: If any shalbe ordered a Bishop against this for∣mer appointed order, bothe he that is ordered and he also that hath presumed to order against this fourme, shal be deposed. He decreeth also by Prouiso, vvhat order shall be kept, if it chaunce that there be any occasion or matter layd to the charge of him that is to be orde∣red, either Bishop, Priest, Deacon, Clergy man, or els Abbot af any Monastery. But aboue all things sayeth he, vvee enact this to be obser∣ued, that no man be ordered Bishop by giftes or revvards: for both the geuer, taker, and the broker, if he be a Church man, shalbe depriued of his bene∣fice, or clericall dignity, and if he be a Lay man, that either taketh re∣vvarde, or is a vvorker in the matter betvvene the partyes, vve commaund that he pay double to be geuen to the Churche. He geueth lycence neuer∣theles, that vvhere there hath bene somethyng geuen, by hym that is ordered Byshoppe, of custome, or for enstallation, that they may take it: so that it exceede not the somme prescribed by hym in this Lavve. VVe commaund therefore that the holy Archebishoppes, namely of the elder Rome, of Constantinople, Alexandria, Theopolis, and Hieru∣salem, if they haue a custome to geue the Bishoppes and Cler∣kes, at their ordering vnder twenty poūdes in gold: they geue onely so muche as the custome alloweth: But if there were more geuen before this Lawe, wee commaunde that there be no more geuen then twenty poundes. And so he setteth a rate to all other Ecclesiastical persons in their degrees, and according to the habi∣litie of their Churches, concluding thus: Surely if any presume by any meanes to take more than we haue appointed, either in name of customes, or enstallations, wee commaunde that he restore threefolde so much to his Churche, of whom he tooke it. He doth vtterly forbidde bishoppes and Monkes, to take vpon them gardianship: neuerthelesse, he licēceth Priestes, Diacōs, and Subdeacōs, to take the same on thē in certein cases. He cōmaundeth tvvo Synods to be kept in euery Prouince yerely. He prescribeth vvhat, and in vvhat order, maters shalbe examined, and discussed in them. Besides these, he enioyneth, and doth commaunde all Byshops, and Priestes, to celebrate the prayers in the ministration of the Lor∣des supper, ād in baptism, not after a vvhispering or vvhyst maner, but vvith a

cleare voyce, as thereby the minds of the hearers, may be sturred vp vvith more deuotion in praisyng the Lord God. He proueth by the testimony of S. Paul, that it ought so to be. He concludeth, that if the religious bisshops, neg∣lect any of these things, they shal not escape punisshment by his order. And for the better obseruing of this constitution, he commaundeth the rulers of the prouinces vnder him, if they se these things neglected, to vrge the bisshops, to cal Synods, and to accomplissh all things, vvhich he hath commaunded by this Lavv to be doon by Synods. But if the Rulers see notvvithstanding, that the bisshops be slouthfull and slack to do thies things, then to sygnify therof to him self, that he may correct their negligēce: for othervvise he vvil extremely punissh the Rulers them selues. Besydes thies, saith this Emperour, vve for∣bid and enioyne the Religious bisshops, Priests, Deacons, Subdeacons, Readers, and euery other Clergy man, of vvhat degre or order so euer he be, that they play not at the table plaies (as cardes, dyce, and such like playes, vsed vpon a table) nor associat or gase vpon the players at such playes, nor to be gasers at ay other open syghts: if any offend against this decre, vve commaund that he be prohibited from all sacred ministery for the space of thre years, and to be thrust into a monastery. After thies Constitutions made for the gouern∣mēt of the secular Clergy (as you terme it) in causes ecclesiasticall, the Em∣perour descēdeth to make statutes, ordinaunces and rules for monastical per∣sons (commonly called Religious) declaryng, that there is no maner of thing, which is not throughly to be searched by the authority of the Emperour, who hath (sayth he) receiued from God the common gouernment and principality ouer al men. And (.212.) to shevv further that this principality is ouer the persons, so vvell in Ecclesi∣asticall causes as Temporall, he prescribeth orders and rules for them, and committeth to the Abbottes and Bisshoppes (iurisdiction) to see these rules kepte, concludynge that so well the Magistra∣tes, as Ecclesiasticall personnes, oughte to keepe incorrupted all thynges whyche concerne godlynesse: but aboue all other the Emperour, who owghte to neglecte no manner of thyng pertaynyng to godlynesse. I omit many other Lavves and Constitu∣tions, that not only this Emperour, but also the Emperours before him made, touchyng matters and causes Eccesiasticall, and doo remitte you vnto the Code, and the Authentikes, vvhere you may see that al manner of causes Ec∣clesiasticall,

vvere ouerseene, (.214.) ordered and directed by the Emperours, and so they did the duetifull seruice of Kyngs to Christ, In that (as S. Augustine sayth) they made lawes for Christe.

Stapleton.

All this geare runneth after one race, and allto∣gether standeth in the execution of the ecclesia∣stical Lawes. Neither is there any thing here to be stayed vpon, but for that he hath furnished his mar∣gent wyth hys accustomable note, that the prince hath the supreame gouernment ouer all persons in all maner causes. Whiche as yt is largely and liberally spoken: so is his text to narrowe to beare any such wide talke. Yea and rather proueth the contrary, if he take the nexte line before with him, and stop∣peth also his felowes blasphemous railyngs, against the holy monastical life. The solitary and the cōtem∣platiue life (saieth Iustinian) is certeinly an holy thing, and such a thing as by her owne nature cōducteth sou∣les to God: neyther is it fruitful to them only that leade that life, but through her puritye and prayers to God geueth a sufficient help to other also. Wherefore them∣perours in former times, toke care of this matter, and we also in our Lawes haue set foorth many things tou∣ching the dignity and vertue of religious men. For we doe followe in this the holy canons and the holy fathers who haue drawen out certaine orders and Lawes for these matters. For there is no thing that themperours maiesty doth not throughly search. Whiche hath recei∣ued from God a common gouernment and principality

ouer all men. Nowe thys place as ye see, serueth expresly for the Churches principality, whose holy Canons, and holy Fathers themperour, as he sayeth, doth followe. By whiche wordes appeareth, he made no one Constitution of hys owne Authority. And therefore hath M. Horne craftely shyfted in this worde Authority which is not in the Latine: as though the Emperours Authority were the chief groūd of these Constitutions, whereas it is but the seconde, and depending only vpon former Canons and writtinges of ho∣ly Fathers. Yet hath this ioly gloser placed in his margine a suprem gouernmēt and principality in al maner causes. Which is not to be founde any where in the text, but is a glose of his owne making. Wherein me thinketh, M. Horne fareth as certaine Melancholike passionated doe: whose imagina∣tion is so stronge, that if they begin earnestly to imagine as present, ether the sight or voyce of any one that they exce∣dingly either loue or feare, by force of theyr imagination, doe talke with them selues, or crye out sodenly, as though in very deede, not in imagination only the thinge desired or feared, were actually present. Verely so M. Horne, be∣inge exceding passionated to finde out this supreme gouer∣nment in al causes, by force of his imagination, putteth it in his margin, as though the text told it him, whē the text tal∣keth no such matter vnto him, but is vtterly domme in that point and hushe. This passiō hath vttered it self in M. Horne not nowe onely, but many times before also, as the diligent Reader may easely remember.

M. Horne. The .76. Diuision. pag. 45. a.

Arriamiru King of Spaine, (215) cōmaunded tvvo Conucels to be cele∣brated in a Citie called Brachara, the one in the seconde yeare of his reigne, the other the third yere, vvherein vvere certaine rules made or rather renued

touching matters of faith, touching Constitutions of the Church, and for the dueties and diligence of the Clergie, in their offices.

VVambanus King of Spaine (.216.) seeing the greate disorders in the Churche, not onely in the discipline, but also in the matters of Faithe, and aboute the Administration of the Sacramentes, calleth a Synode at Brachara, named Concill. Brachar. 3. for the reformation of the er∣rours and disorders aboute the Sacramentes and Churche discipline.

Notes

• Libera••us cap. 21.
• Tom. 2. Conc. in vitae Sil∣uerij. Pla∣tina in Sil∣uerio. Li∣ratus. c. 22
• If ye will see more of these tvvo Po∣pes, se the cōfutatiō of the A∣pologie. Act. 1. Cō∣stāt. 5. syn. to. 2. Con. p. 71. c. 2. b. Definite sāctissimi ipū alienū esse, & nu∣dū ab ōni epis. dign. at{que} effi∣cacia. Ibid. p. 67. col. 2. a. Agapetus Anthimū cōdēnauit ••t oī dign. sacerd. & officio nu∣dauitet oī episcopat. & ortho∣doxonoīe. Iustin. in authent. in constit. cōt. Anth. Vide 5. Synodū Cōst. Act. 1. pa. 67. col. 1. b. Et Liber. c. 21. To. 2. Conci in vita Vigilij. Li∣beratus. Cap. 22.
• This Em¦peresse was ā Eu¦tychian hereti••e. Such ex∣āples ōly make for M. Horne
• The .188. vntruth. The wor∣des of Li∣beratus fouly mal¦med in the mid∣dest.
• The .189. Vntruth not with cōmissiō, but to do it by their meanes, vvithout vvhome (by order of the ca∣nons) he could ne¦uer haue done it.
• The .190. Vntruth. False trā∣slation. Gaudēs se &c. Beīg gladde, that him selfe gaue iudgemēt &c. The Author thereby, noteth the Em∣perours ambiti∣ousnes.
• The .191. Vntruth, These vvordes pronoūced by the Em¦perors cō∣mādemēt, are not in Liberatus Lib. c. 20. &. 23 Accepit abimpera. potestatē super ordi¦nationem Ducū ac tribunorū vt remoue ret haereti¦cos, & pro eis ortho∣doxos or∣dinaret. Lib. c. 23.
• Cap. 23.
• Action. 4. Cō. 5. Cō∣stā. ca 11.
• The .192. vntruth. The bis∣shops not the Em∣perour had the chief in∣termed∣li••g, as it hath well appeared.
• Euil suc∣cesse••, o•• princes ī∣••ermed∣ling ī cau¦ses eccle∣siasticall.
• August. Epist. 166.
• Tripar. l. 3. c. 8. &. 12.
• Niceph. li. 12. c. 24.
• Cō. Chalc. Act. 1. & 10.
• Lib. ca. 18.
• Cap. 23. &. 24. Concil. Chalc. Act. 10. in fine.
• Niceph. lib. 17. ca. 29.30. & 31.
• The .193. Vntruth. This vvas no subie∣ction in ecclesia∣stical ma∣ters, but Rome be¦ing then cōquered by Toty∣las, Pela∣gius vith∣all the Ci∣tie submi∣ted them selues.
• The .194. Vntruth. Slaunde∣rous as shall ap∣peare.
• The .195. Vntruth. For the Decree of Narses vvas no ecclesiasti¦cal mater but an ex∣ecutiō of the chur∣che Ca∣nōs made before.
• This proueth naughte els but that (as Pelagius the firste hath or∣deined) the sec••∣lar word helped, when the spiritua••l could not preuaile.
• Sabellic. Aeneld. 8. lib. 4.
• cōcernīg pope Pe∣lagius set Ambassa∣dour to thempe∣rour.
• Platina in Pelagio. 1. Sabell. Aenead. 8 lib. 4.
• The .196. Vntruth. In that Councell there is no suche thing.
• The .197. Vntruth. They de∣clare that the due obserua∣tiō therof (not the strength) depēded vpō thos Princes good lavves.
• Tripart. li. 7. ca. 4.
• Conc. Tu∣rō. 2 can. 21.
• Euag. li. 4. ca. 38.
• Niceph. li. 17. ca. 27.
• Al this is graunted, but M. Hornes Primacie neuer a vvhitte thereby furdered.
• The Em∣peroure (198) cō∣maūdeth the Pope to com to the sinod.

  The .198. Vntruth. For not in that sence as M. Horn imagi∣neth. vilz to inforce thereby a Supreme gouerne∣mente.
• Iustinians testimo∣nies for the Popes primacie.

  Cōst. 131 ex trāsl. hal Sancimus, vt sancti ecclesiastici canones, qui••a sanctis. 4. Cō∣cilijs, Niceno, Con∣stāt. Ephes. & Chal¦cedon. expositi sunt, vicem legum obtine ant. Praedictorum e∣nim sanctorum Con∣ciliorū decreta per∣inde vt sacras scri∣pturas suscipimus▪ & canones vt leges cu∣stodimus. Ac pro∣pterea sancimus, vt secundum eorum definitiones sanctiss. veteris Ro. Papae, pri¦mu•• oīm sacerd. sit. Sūmi pōtificatus api∣cē apud Romam esse nemo ē qui dubitet. Lib. 1. Cod. Iustin. de summae Trinitate. Ideó{que} oēs sacerdotes vniuersi orientalis traectus et subijcere et vnire sedi vest. San∣ctitatis properaui∣mus. & mox. Nec enī patimur quicquā quod ad ecclesiarū statū {per}tinet, quàmuis manifestū & indubitatū sit quod mouetur, vt nō ēt vestrae īnotescat Sanct. quae Caput est oim sanctarū ecclīarū. Secūdū eorū definitiones &c. vt suprà const. 131. Sancimus sacras sequētes regulas &c. const. 5. Secundū diuinas regulas sancimus sacras per omnia sequentes regulas. const. 6.
• Sequentes igitur ea quae sacris definita sūt Canonib. Cō. 123. Si ecclesiasticū ne∣gotiū sit, nullam cō∣munionē habento ci∣uiles magistratus cū ea disceptatione, sed religiosiss. episcopi se cundū sacros canones negotio finē īponū••••. Const. 109. Haereti∣cos & illi dixerūt, et nos dicimus, quicū{que} mēbrum sanctae Dei catholicae & aposto∣licae ecclesiae nō sunt. in qua & omnes san¦ctissimi totius habi∣tati orbis paetriarchae tam Romae occiden∣talis, {quam} huius regiae vrbis, & Alexādriae & Theopolis & H••∣erosolymorū, & oēs sub ijs cōstituti epis∣copi vno ore Aposto∣licam fidē & tradi∣tionē praedicāt. Qui igitur incōtaminata coīone, in Catholica ecclesia Dei amātiss. huius sacerdotib. nō participant, opt. iure vocamus haereticos.
• Cōstit. 42 in Nouel. Quā sen¦tentiā tā. etsi per se valētem, multò ta∣mē adhuc valentio∣rē, reddit maiestas imperato∣ria, quae re¦gia hac vrbe ipsū expellit. Hovve thempe∣rours be said to strengthē the lavves of the Churche. Tom. 2. Concil. pag. 21.
• Act. 1. pag. 61.
• In praeam. epist Cōc. Chalced.
• The 199. vntruth. There is no suche Title.
• The 200. vntruth. Flat and open, as it shal ap∣peare.
• The 201. vntruth. Not to dispatche (that vvorde is not in the Councel) but finem imponere, to make an end of by finall Sentence. The prīce the hi∣ghest po∣tentate next to God (202) in al cau∣ses.

  The .202. vntruth. You ouer rech your Author. In al cau∣ses, is more thē your Au∣thor said. God reserueth to the prince the fulnes of direction in (.203.) Ecclesiastical causes.

  The 203. vntruthe, as before. For of Ecclesiastical causes, the Author speaketh not, but of banishing heretiks.
• The .204. vntruth. False translatiō: for not, to considre, but Canonice finem accipere to conclude &c.

  The 205. vntruthe. A parte of the sentence nipped of, quyte ouerthrovving M. Hornes purpose.
• Tom. 2. cō∣cil. pa. 20 Act. 1. Cō∣stā. pa. 20 Prima er∣go est sen∣tentia quae in Constā∣tinopoli cō∣tra Anthi¦mum lata est, secun∣da autem sententiae quae in Constant. fuit cōtra Seuerum Petrū & Zoaram. Terita cō∣stitutio est ordinaria. Quarta autem a∣ctio in Hierosoly∣mis, et haec omnia in 4. mēsib{us} facta & sancitae fuerunt.
• Tom. 2. Conc. pa. 20. b.
• Tom. 2. Conc. pa. 23. col. 1.
• Const 42. Haec decre¦uimus san¦ctorum pa¦trum cano¦nes sequu∣ti.

  ••om. 2. C••c. pa. 62 Haec sentē¦t••auimus, sequentes sanctorum patrū dog¦mata.
• Conc. Cō∣stant. 5. Act. 1. To. 2. pag. 61.
• Tom. 2. Conc. Synod. 5. Act. 1. pag. 61. col. 2. a

  Rem non insolitam im••erio & nos faciē∣tes ad praesentem ve∣ni nus legē. Quoties enim sacerdotū sen∣tentia quosdam in∣dignos sacerdotio de sacris sedib{us} deposuit, quē admodū Nesto∣rium, Eutychen, Arrium, Macedonium & Eun••mium, ac quosdam alios ad iniquitatem non minores illis: toties imperium eiusdem sententia & ordinationis cum sacerdotum au¦thoritate fuit: sic que diuina & humana pariter concurrentia, vnam consonantiam rectis sententiis fecere: quemadmodum & nuper factum esse contrae Anthymū scimus, qui quidē deiectus est de sede huius regiae vrbis a sanctae & gloriosae memoriae Agapeto, sanctis. Ec∣clesiae antiquae Romae pontifice, eò quòd &c.
• Nothing may be don in Churche maters, vvithout the prin∣ces autho¦rity.
• The .206. vntruthe double both in the text ād in the margin: standing in false trāslatiō. Nihil eo∣rū quae in sanctissi∣ma eccle∣sia mouē∣tur cōue∣nit fieri. To. 2. cōcil. p. 78. co. 2
• Nos sicut scit vostra charitas, apostolicā sedem sequimur & obedimus: & ipsius commun••catores, cō∣municatores habe∣mus, & condemna∣tos ab ipsa & nos condemnamus. Act. 4. pag. 87.
• Cyrillus Epist. 10. & 11. & Coelest. epi. 12. inter epist. Cyril.
• The 207. vntruthe. The godly Fathers neuer confessed so.
• The 208. vntruthe. Notorious and im∣pudent: often auou¦ched, but neuer proued.

  Cod. lib. 1. tit. 17.
• The 209. vntruthe Not vvhich his Auncestours, but vvhich the Apost∣les and fathers of the Church had made before.
• Nou. Cō 3. Thempe∣rours ec∣clesiastical Lavves.
• The .210. Vntruth. Not he, but the Canōs of the Chur∣ch before gaue that autority. He only putteth the mat∣ter by his lavve in executiō Cōst. 5.
• The .211. vntruth. Not he, but the Churche prescri∣bed that order and rule. Const. 6.
• M. Horn is not so qualifi¦ed. for he hath (he saieth) a wife Ergo M. Horne by his ovvne law, yea of the Apostles making, must lose his Bis∣shoprik. Const. 57
• Const. 58.
• Const. 6. Hoc aūt futurū esse credimus, si sacrarū regularū obseruatio custodiatur quā iusti laudandi et adoran∣di inspectores et mi∣nistri Dei tradiderūt apost et sancti patres custodierūt et expla∣narūt. Sancimus igi∣tur sacras per oīa se∣quētes regulas. &c. aut in virginitate degens à principto, aut vxorē habens ex virginitate ad eum venientē, et nō vidu∣ā. & mox: de caeter•• aūt nulli permitten∣tes àa positione legis vxorē habentitalem imponi ordinationē.

  Ibidem.
• Sacro Statim cadat ordine, et deinceps idiota sit.
• There is not a Pro∣testant Bisshop in England by the cō¦stitution that M. Horne him selfe alleageth.
• Hovve vvell M. Hornes doctrine agreeth vvith Iu∣stiniās for the mona¦stical life.
• This an∣svvereth all your processe, M. Horn, The Em∣peroure foloveth the canōs The Ca∣nōs vver made of Bisshops in Coun∣cels and Synods. Ergo he folovv∣eth the Bisshops. If he fo∣lovve thē he goeth not be∣fore thē, He dothe not di∣rect them prescribe to them, or gouern them, but is directed prescribed, and gouerned of them.
• Con. 133.
• The prīce hath su∣preame gouerne∣mēt ouer al persōs (.213.) ī al maner causes.
• The .212. Vntruth. These la∣wes shew no suche principa∣lity.
• The .213. Vntruth. Impudēt. That set ī the mar∣gin, vvhi¦ch is not ī the text.
• The .214. vntruth. That can not be found either in the Code, or ī thauthē.

  August. Epist. 48.

  Const. 133.

  Solitaria vita atque in ea contemplatio, res planè sacra est, et quae suapte natura animas ad Deū ad∣ducat. Neque ijs tan¦tum, qui eam inco∣lunt, sed etiam om∣nibus alijs puritate sua & apud Deū in∣terpellatione compe¦tentē de se vtilitatē praebeat. Vnde & olī eares Imperatoribus studio fuit habita, & nos non pauca de dignit. & honestate eorū legibus cōplexi sumus. Sequimur enī sacros in hoc canones et sanctos patres qui hoc cōprehēderūt le∣gibus. quādoquidē ni¦hil nō peruiū ad in∣quisitionē maiestati èxistit imperatoriae, quae cōmunem in oēs hoīes moderationē et principatum à Deo percepit.
• Sequimur sacros Ca∣nones & sanctos patres.
• Brach. 1.2.
• The .215. Vntruth. He com∣maunded not in M. Hornes sēce. That is, as suprē gouernor but as the Coūcel it selfe saith, as Pijssi∣mus filius noster: Our most godlye Sonne.
• The .216. Vntruth. No suche thing in the Coū∣cell, nor that Vvā∣banus cal∣led it at al