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 .13. Chapter. Of the Chalcedon Councell, and how the Emperour with his deputies dealed therin.

Stapleton.

WE are now in order come to the Coūcel of Chal∣cedo, the actes whereof being very long and te∣dious, the leaues in the great volume rising to the number of one hundred and more, M. Horne hath here and there pried out good matter as he thinketh, to depresse the Popes primacie withal. Wherein he so handleth him∣selfe, that he semeth to me for many causes neuer to haue read the acts, but to haue taken things as they came to his handes, ministred by his friends, or by his Latine Maisters. Ones,* 1.1 this is sure, that for some of his allegations, a man may pore in the booke, til his eies dasel againe, and his head ake, ere he shal find them, and in such prolixitie of the mat∣ter, when he hath found them, and well weighed them: a man would thinke,* 1.2 that M. Horne had either lost his wits, or els were him selfe a sleape, when he wrote those argu∣ments: or els which is worst of al, that he was past al shame and grace. For as ye saw, good Readers, the Ephesine so shall ye now see the Councell of Chalcedo, by no cleare candle or torche, but all in a darke horne. Wherein he playeth like a false wilie marchaunte, that will not shewe

his wares, but in a darke shoppe. But by Gods helpe I shall bring his naughty marchādise into the bright shining light, that al men may openly at the eye see al the leudnes of it.

And to begyn, with the first action of the said Councel, and to followe M. Hornes steppes with a litle tracing, ther sterteth vp at the first (I will speake with the least) a brace of lyes, besyde other vaine and impertinent talke.* 1.3 Of hys Iudges, whereby he woulde haue the Reader to thinke, that these noble men were Iudges in the decision and de∣termination of matters ecclesiastical, he commeth altoge∣ther to short, as ye shal anon vnderstande. And therefore this shall be the first lye. The second lye is that he saieth. The Emperour prescribed a forme, after which they muste determine the matters in controuersie. For in al the Actes of that Councell, there appeareth no such fourme or pre∣scription made. It is vsual with M. Horne, in euery Coun∣cel to report such a prescription. But as he hath often saied it, so hath he not once proued it, or shewed it by any one Authority, but his owne, which is a singular authoritye,* 1.4 to lye as lewedly (allmost) as M. Iewell. Yet to bleare the Readers eye, and to seame handsomly to furnish his mat∣ter by some president and example, he layeth forth for his proufe, that these Iudges gaue sentence to depose Dios∣corus the Patriarche of Alexandria, and others. This is all∣together false.

For firste they were no competent and ordinary Iudges being mere laye men,* 1.5 especially in causes ecclesiastical to depose a Bishoppe. Secondlye, puttyng the case, they had bene lawefull and ordinarye Iudges, yet was yt no finall and iudiciall sentence. For a final sentēce must decide and determine the matter, by an absolut cōdemnatiō or absolu∣tion:

which was not done here, this pretensed sentence being as your selfe write, cōditional: So that this their iudg∣ment semed good to the Emperour, to whom they referred the whole matter. And here by the waye falleth out an other vntruth:* 1.6 for the Nobles them selues doe not cal this saying a Iudgemēt, but say, yt semeth vnto vs iust. Which words by lawe importe no final iudgemēt. Fourthly and laste, this was no iudgemente, neither was Dioscorus deposed here in this action (for in the beginning of the next action, the Iudges confesse, that sentence was not yet geuen vppon Dioscorus.) but in the thirde action: and that not by theis Iudges, as ye cal them, but by Pope Leo his deputies, and the residew of the Bishoppes without any referring of the matter to th'Emperor as the Iudges doe here.

* 1.7The rest ye talk of in this place is of no weight: and yf it weyeth anie thing, yt weieth against you, as Marcians ora∣tion, whych tendeth to this, that in new questions and dis∣sensions of religion, we must haue a speciall regard to the do∣ctrine, teaching and writing of the former fathers and coūcels: which rule and forme of Iudgemēt prescribed by him you quit left out, as a rule in dede, importing a plaine destructiō of your new gospel.* 1.8 Now if the making of an oration by a lay man imploieth any authority, voice, or iuriseictiō in the Coūcell, then were many lay men (the ambassadours for their Princes, that made orations there, yea and found ma∣ny faultes to in the Church, and desired the reformation of them) members and Iudges of the late Councel of Trent, which is notoriously false: and so is that also that ye write of the noble men at Chalcedo. And whereas they founde faulte wyth the populare acclamations of the Bishoppes, which of a great zele to the catholik faith cried out against

Dioscorus and other that deposed the godly Bishop Flaui∣anus, and that they would not receiue Theodoretus, nor heare such matters as he had to propose, because he for the time, helde against Cyrillus and other Catholikes: and that these noble men endeuoured to set an order and quietnes among them, doth plainly shew,* 1.9 wherein these noble mens office did rest: as nothing touching the definition of anye matter spiritual, but to prouide that al things might be don with order, indifferency and quietnes. For if a man consi∣der, what disorder, tumulte, crueltie, yea and murder too, fell in the second Ephesin Councell, whiche customably is rather called a Conuenticle, and a cōspiracy, for the main∣tenaunce whereof, ye make Theodosius a very godly Em∣perour, and how that Dioscorus and his cōfederats, would not suffer the Catholique Bishops Notaries, as the manner was, to write the actes there done: but thrusted them out, and put in Notaries of his owne at his pleasure, howe he came to the other notaries and brake their wrytinges and fingers to:* 1.10 howe that he forced the bishops to subscribe to a blanke: that is, in cleane paper, wherein nothyng was writen: howe that, Dioscorus would not suffer the epistle of Leo the Pope sent to the Councel to be read: and final∣ly, howe that he slewe the blessed Bishop Flauianus: he that, I say, cōsidereth and wel weigheth the premisses, and that a great numbre of those schismatical bishops were also with Dioscorus at Chalcedo, shal sone perceue, what nede there was of these noble mens assistance, & that they might wel haue to doe there, thoughe not in ruling and iudging any spiritual matter, yet in the indifferent ruling and dire∣ction of the Catholike Bishopes external doings, and to see that al things might procede with quietnesse and without

parcialitie. Which answere ones made, will serue also for many other General Councels. But what a wicked Cham are you, M. Horne, that reueale to the common people in your vulgare bookes, the faults and disorders of your most holy and reuerent Fathers, the Fathers of so famous, and so learned a Councell? Verely Constantine the Greate, that noble Emperour,* 1.11 would cast his Imperiall garment (he said) to hyde a Bisshops faulte, if by chaunce he should see any. And becommeth it your vocation, bearing the roume of a Bis∣shop your self, to tel the people of the Bisshops whot scholes, of their want of modestie, and of ouershoting them selues? You a Bishop of Gods Church? Nay your sprit sheweth it selfe more bucherly then Bishoply, and as mete to carie a rake as a Rochet.

M. Horne. The .49. Diuision. pag. 32. a.

* 1.12In the next action, the Iudges and Senate after rehersall made, vvhat vvas done before, dooe propounde vnto the Synode, vvhat matters vvere novv to be consulted of, and vvilleth them to make a pure exposition of the faith, and that vvithout any sinister affection, declaring that the Emperour and they, did firmely kepe and beleue, according to the faith receiued in the Nicen Councel: vvherevnto the Bisshops also accorde, and saith, that noman maketh, or may attempt to make any other exposition. Certaine of the Synode desired to heare the Symbol of the Nicen Councel re∣cited, which the Senate and Iudges graunted vnto them.

Stapleton.

By this also it may easely be sene, wherein the duety and office of these Ciuil Magistrats did stād. videl. to see the Bi∣shops requests, of reading this booke or that booke, this e∣uidence or that euidence, put in execution. And so it ma∣keth rather against M. Horne then with him.

M. Horne. The .50. Diuision. Pag. 32. a.

After that it vvas agreed vpon by the vvhole Synode, that Dioscorus should be deposed,* 1.13 the Synode vvriteth vnto the Emperours Valentinia∣nus and Martianus, saiyng in this fourme: Grieuous diseases nea∣deth both a stronge medicine and a wise Physition: For this cause therfore, the Lord ouer al hath appointed your godlines as the best and chiefe Phisition ouer the diseases of the whole world, that you should heale them with fitte medicines. And you most Christian Emperours, receiuing commaundemēt frō God aboue other men, haue geuen competent diligence for the churches, framing a medicine of cōcord vnto the Bishops (.147.)* 1.14 This, thus in vvay of Preface said, they declare vvhat they haue done touching Dioscorus, they shevve the cause and reasons that moued them thervnto: both that the Emperour shoulde consider his vvickednesse, and also the sinceritie of their sentence.

Stapleton.

Now loe M. Fekenham must nedes yeld and geue ouer. For euen the whole Coūcel, to the number of .630. Bishops doth confesse (saith M. Horne) the princes supremacy in causes ecclesiastical (it is wel, it is not yet in al causes Ecclesiastical) And therefore this note is fastened in the Margente, as it were with a tenpeny naile, and yet al not worth a hedlesse pinne. For I beseech you, Maister Horne, howe can this notable conclusion of yours take anye anker holde of any saiyngs of the Councell by you here alleaged? How farre and how deaply your sharpe sight can pearce, I know not. But for my part I must confesse my selfe so blind, that I can see no cause in the world why ye should furnish your margent with such a iolie note.

Wel, I perceiue euery mā can not see through a milstone: But yet eyther my sight and my braine to, faileth mee, or

all this great prouf standeth in this, that the Councell cal∣leth the Emperours, the best and chiefe physitions ouer the disseases of the world, for framing a medicine of concorde to the Bisshops: By my trowth, it is wel and worshipfully conclu∣ded, and ye were worthy at the least, to be made a potica∣rie for your labour. Sauing that it is to be feared, if ye shuld procede on the body, as ye doe nowe with the soule, ye woulde kil manie a poore mans bodie, with your olde rot∣ten drugges, as ye do now kill many a sowle with your pe∣stiferous poysoned drawght of heretical potions, they take at your hands. But nowe to answere to you, and to your so farre fette phisike:* 1.15 I pray yow M. Horne, why doe ye cut of the tayle of your owne tale? Why do ye not suffer the fathers to speake their whole mind? And to ruffle a litle in M. Iewells rhetorycke, what? were the fathers stayed with the choygnecoughe, and forced to breake of theyre matter and tale in the myddest? Mark well gentle reader, and thow shal see the whole Coūcel of .630. bisshops set to schole, and kept in awe, and not suffred to vtter one worde more, then M. Horne will geue them leaue. For the next wordes that immediatly fol∣lowe in the same matter are these.* 1.16 Pontificibus cōcordiae me∣dicinā machinantes: vndi{que} enim nos congregantes omne com∣modastis auxilium, quatenus factae interimantur discordiae & paternae fidei doctrina roboretur. For yow (say the fathers to the Emperours) assembling vs from all places, haue holpen al that may be, to pacify and kil these diuisions and dissen∣sions, and that the fayth and doctrine of our fathers may be strenghthened. What worde is here M. Horne, that any thing towcheth your purpose? Here is nothing, but that the coūcel was assembled by their good help, which as I haue often declared, serueth not your turne to make them su∣preame

heads. Nowe because throwgh their meanes the Councell came together, in the whiche a quietnesse was set in religion, the Councell calleth them physitions,* 1.17 yea and the chiefe: as they were chiefe in dede, in respecte of their cyuill authoritie wherewythe they did assiste the Councel, and did helpe by this ministerie of theirs, not by anie iudicial sentence, or other Ecclesiasticall acte (which ye shal neuer shewe) to quiet and pacefie the greate dis∣sensions then raigning and raging. And so were they phisi∣tions in dede, but the outwarde not the inward phisitions. The fathers were the inwarde phisitions. They made the verye potion, for the disease. And because we are ons entred into the talke of phisitions, they were the very phi∣sitions of the sowle. The scripture saieth of the king: re∣gem honorificate: honour the kinge,* 1.18 yt saieth also of the phisition: honora medicum. Honour the phisition. But what sayeth yt of the prieste? The priestes, sayeth S. Paule, that gouuerne well are worthy of double honour: againe, obeye your rulers (meaninge the Ecclesiasticall rulers) for they watche to geue a reckoning for your sowles. And the Ecclesiasticus sayeth, humble thy sowle to the preste. So that ye may see M. Horne, the priestes to be the true and highest phisitions, as farre passing and exceding the other physitions, as the sowle passeth and excedeth the bodie: and then must the spirituall primacye nedes remayne in them. And that doe these Iudges here euen in this Action, expressely proteste and confesse against you. For they say touching the point of doctrine then in question. Quod placuit reuerendo Conci∣lio de sancta fide, ipsum nos doceat. Let the Reuerend Coun∣cel it selfe teach vs and infourme vs, what is their pleasure touching the holy faith: You see here, they toke no suprem

gouernemente in this cause ecclesiastical, in determining, I say, the true faith: (as you will make Princes beleue they may and ought to doe) they yet being the Emperours de∣puties, but lerned humbly of the holy Councel, what their determination in such matters was. Thus at the length your great mighty ••ost, is thwyghted to a pudding pryck. Neither shal ye be able of al theis .630. bishops to bring one, that mayntained your pretensed supremacy. And when he proueth yt to you good reader by theis 630. bisshops, or by anie one of them I dare say M. Fekēham wil take the oth, and so wil I to. For it is as true, as the nobles gaue sentēce to depose Dioscorus and others. Who is not, as yet depo∣sed and that wil I proue by M. Horne him self: who sayth, that in this actiō the whole synode agreed,* 1.19 that Dioscorus should be deposed: and so ful pretely doth he cal back that he sayd not fyftene lynes before: and proueth him self, a∣gainst him self, that their saying was no sentence.

M. Horne. 51. Diuision. Pag. 32. b.

In the fourth Action, vvhen the rehearsall of al things passed before vvas done, the Iudges and Senate asketh if all the Bisshops agree: vvhervnto they ansvvered yea, yea. The Synode had requested the Iudges and the Senate, to make suite to the Emperour for fiue Bisshops, vvhich othervvise (.148.)* 1.20 must be deposed, as vvas Dioscorus, vvhich they did, and made this relation vnto the Synode: That the Emperour, perceiuing the humble suite of the Synod, doth licence them to determine touching the fiue, what they thought good: admonishing them notwitstāding, to geue good hede what they did: for that they must make an accompt to God of their doings.

Stapleton.

M. Horne would fayne fastē some ecclesiasticall iudge∣mēt, vpō these lay men, as the depositiō of certain bishops: which he shal fynd, whē he cā fynd that they deposed Di∣oscorus.

It is playn, sayth M. Horn, for the whole councell maketh humble suyt, to the Emperour, to licēce thē to determi∣ne towching fyue bisshops, which otherwise Must be deposed, as Dioscorus was. Ha good M. Horn, haue ye found now at the length, a must? That is wel and in high tyme espied out of you, or els al theis your great doīgs must lie in the mire. But I belieue whē we haue al done, we shal fynd no must, but a playn myst, that ye lyke a wily shrew, haue cast be∣fore the eies of the simple readers, to blind thē withall. Yf I say not true, thē like a true mā of your word point with your finger, the leaf ād line wher, in al the acts of this coū∣cel your must lieth. I am assured, that neither in the 4. actiō wherby ye now plead, nor in the .1. actiō, wherby ye haue alredy pleaded (which both places spake of those fyue bi∣shops) is anie mutterīg in the world of your musting. Truth it is that in the first actiō, theis senatours, thowght it reaso∣nable, that Dioscorus ād theis fyue bishops, being the ring∣leaders of that wycked conuenticle at Ephesus, should be deposed, but not by the way of any finall or iudiciall sen∣tence, as ye fable. But as they thowght them worthy to be depryued, so neither did they depryue thē, nor thought them selues or the Emperour mete parsons to depryue them, but the councel.* 1.21 And therfore immediatly followeth that they should be put, from all theire bishoply dignitye. But by whome M. Horne? A sancto Concilio: by the holy councell. And howe I pray yow? secundùm regulas. Accor∣dinge to the canons. Then here standeth the case. The Emperoure, and not withowt cause, was in this mynde, that as they mighte and owghte by the Canons to haue bene depryued, so that execution shoulde haue bene done accordinglye: for example sake, as yt was allredye

done vpon Dioscorus. And yet leauing the final determi∣nation (as otherwise he could not choose, if he would fol∣lowe the Canons by his deputies alleaged) to the Bishops. And this is the Licence ye falsely speake of.* 1.22 For proprely licēce it was none, neither doth the latine word inforce it, but that he permitted and suffered them to do therin their pleasure: which words doe not necessarilie declare his or∣dinary authority to let them (as the Prince may let your Conuocation Decrees by act of Parliament) but onely the geauing ouer and yelding to the Fathers, in that mater, frō his owne mind and sentence, which he thought good and reasonable. The Fathers on the other side, thought not best to exact the rigour and extremitie of the Canons, but seing these fiue were hartely penitent, and had subscribed to the Epistle of Leo, whiche before they refused, and for feare of a great schisme, as Liberatus noteth, that happely might by this rigorouse dealing ensue, toke the milder way, and suffred them to remaine in their dignitie, and in the Coun∣cell with them. See now M. Horne, if this be not rather a mist then a muste, a darke mist, I say, mete for theues as Homer saith, and not mete, as he saith, nor acceptable to the shepheard. How vnmete then for you M. Horne, that taketh vpn you to be the shepheard and pastor of so many thousand soules, that should kepe your flocke, from al such hurtefull mystes of false doctrine? Yea to feed them with the same, and to make him beleue, and that by the authori∣tie of this honorable Councel, that ye feed them well, and that ye must so feed them. And yet, lo, like a blind Prophet ye haue said truer then ye wist of: saiyng they must be de∣posed as Dioscorus was. For Dioscor{us} was not deposed at all, by those whome ye fable to haue geauen sentence.

Again see what falleth out otherwise against you. For yf the lay iudges deposed in the first action Dioscorus,* 1.23 they deposed also these fyue. For al cometh vnder one trade ād course of woordes. And thus euery waye ye walke in a miste, wandring pitifully to and fro, ye can not tell why∣ther.

M. Horne .52. Diuision. Pag. 32. b.

In the fifth Action, the Iudges vvilled the Synode, to reade those thinges, vvhich vvere agreed vpon touching the Faith: vvhereabout began a great contention, one parte of them allovving, an other sorte disallovving that vvas redde amongest them. The iudges seing the exclamations and confusion that vvas amongest them, appointeth a Comitty, choosing foorth of sundry partes a certaine number to goe aside vvith the iudges, to make a resolutiō. VVhen they preuailed nothing, they threatened the vvhole Synode, that they vvould signifie these (.149.)* 1.24 disordered clamours vnto the Emperor, vvhich they did. The Emperour immediatly of his (.150.)* 1.25 Supreme authority, appoin∣ted the order of Committies, vvhich the iudges had deuised before: geuing them in commandement, that going aside by them selues, they should cōsult and conclude a truthe in Faith, vvith such plainnesse, that there might no more doubtes arise thereof, vvhereunto al should agree. The Synode obeyed, and folovved the Emperours direction, and the Committies vvith the Iudges goeth a side into a secrete place, maketh conference, concludeth, and cometh again into the Synode, and reciteth their determination▪ vvhereunto the vvhole Synode gaue their consent, and so the Iudges commaundeth, that this their definition should be shevved vnto the Emperour.

Stapleton.

Ye shewe nothing that either the Emperour or his de∣putyes, made any definitiō of the faith. Now thē yf the Fa∣thers

could not agree, themperour did wel to find out some meanes by committies to bring them to agremente, which is no spiritual matter. And so ye come not nighe to that ye should haue proued by a great deale. But let vs a litle con∣sider the maner of these Cōmitties, the cause and the end thereof: and we shall see M. Horne quyte ouerthrowen with his own sway, and a moste euident argument of the Popes supremacy. At the beginning of the fyfte Action a forme of the faith being openly read, all the Bisshops cried, praeter Romanos & aliquos Orientales, beside the Romanes and some of the East:* 1.26 Definitio omnibus placet. The deter∣mination pleaseth al.

Vppon this when they coulde not agree the Popes Le∣gat stode vp, and said. If these men agree not to the letters of the Apostolike and most blessedman Pope Leo, commaunde it that we haue them copied out that we may returne home, and there kepe a Councel.* 1.27 For this loe was the cause of al that garboyle. Dioscorus with Eutyches were alreadye condemned: the Nestorians in like maner. And the forme of faith after a sorte was agreed vpon, but not in such sorte as in the Popes letters it was conceiued. And against the foorme of the Popes letters all the Bisshoppes of Aegypt, of Asia, of Illiricum, Ponthus and Thracia, very hotlye resisted, affirming that the definition was otherwise per∣fect enoughe. Which the Romaines and certaine of the Easte Bisshppes as earnestly denied. Herevpon the iud∣ges to make the matter come to an agrement, made first a Committy in this sorte: that of all the foresaide prouinces, three should be chosen, and they togeather with the Romaynes and six of the Easte Bisshoppes shoulde conferre a parte. But this order beinge misliked, and the greater nomber of Bis∣shoppes

stil crying to haue it passe, as it was first concei∣ued, not passing vpon the forme conceiued in the Popes letters, the iudges asked those that so cried,* 1.28 whether they allowed the letters of Pope Leo, or no? When they answered, Yea: and that they had alreadye subscribed thereunto, the Iudges inferred. Lette then that be added to the definition which is in those leters cōprised. The Bisshops of Aegipt and other crying alwaies to the contrarye, the debate was si∣gnified to the Emperour. The Emperour sent back againe, that they shoulde take the order of Committye appointed, or yf that liked them not,* 1.29 then they should make an other Cōmittye by their Metropolitanes, and euerye man declare his mynde, that so the matter might come to an ende. But (saith the Em∣perour) yf your Holynes will none of this neither, then knowe you certainelye, that you shall come to a Councell in the west partes, seing you will not here agree. And this also was that the Popes Legates before required. And the Bisshoppes of Illyricum as excusing them selues, cried. Qui contra∣dicunt, Romam ambulent. These which doe not agree, let them walke to Rome.

Had Maister Horne and his fellowes bene in that case, they woulde haue cryed: what haue we to doe with Rome, or with that forayne Prelate, the Pope? But the Bis∣shoppes and Fathers of those dayes knewe a better obe∣dience to the See Apostolike. And therefore in the ende the Popes Legates with a fewe other of the Easte, pre∣uailed against al the reste of Aegypt and Asia, of Illyricū, Pontus and Thracia: and endited the forme of their defini∣tiō of the faith, according to the tenour of Pope Leo his let∣ters, inserting his very words to their definitiō. Otherwise

as the Emperour and the Popes Legates before threatned, they should al haue trotted to Rome, and there haue finished the Councel. Such was the Authority and preeminence of that Apostolike See of Rome, and so wel declared in this fifte Action out of which M. Horne concealing the whole yssue, order, and cause of the debate, thought only by a sim∣ple commyttye, to proue his Supreme Gouernement in the prince. Thow seest nowe gentle Reader, that by the prince his owne confession, by the Legates protestation, and by the ende and yssue of the whole Action, the Supe∣riority rested in the Church of Rome, and in a Councel to be had there, in case they would not presently agree. So harde it is for Maister Horne to bring any one Authority, that maketh not directly against him, and manifestly for vs.

M. Horne. The .53. Diuision. Pag. 33. a.

The Emperour cometh into the Synode place, in his ovvne persone, vvith Pulcheria, his nobles, and Senatours▪ and maketh vnto the Synode an ora∣tion, of this effect. He careth for nothing so much, as to haue all men rightly persuaded in the true Christian faith: He declareth the occasions, * 1.30 vvhy he sommoned the Synode: He cōmaundeth that no man be so hardy, hereafter to hold opinion, or dispute of the Christian faith, othervvyse than vvas de∣creed in the first Nicē coūcel, he chargeth thē therefore, that all partaking, cōten••iō, and couetousnes laide apart the onely truth may appeare to al men. He declareth his cōming into the Synod, to be for none other cause, thē (.151.)* 1.31 to confirme the faith, and to remoue from the people in tyme to come, all dissention in Religion. And last of al, he protesteth his vvhole care, and study, that al people may be brought into an vnity, and vnifourme agreement in pure religion, by true and holy doctrine. The chief Notarie humbly asketh of the Emperour, if it vvil please him to heare their * 1.32 definition redde: The Emperour vvilleth that it should be recited openly: he enquireth of them al, if euery man consented thereunto: they ansvvere, that it is agreed vppon by al their consentes. VVhereunto they adde many acclamations, commend••ng

the vvorthines of his Emperial gouernmēt, cōcluding: By the O worthy Emperor, the right faith is confirmed, heresies banished, peace restored, and the Churche refourmed. After these acclama∣tions, the Emperour doth openly declare vnto the Synode a * 1.33 statute, vvhich he maketh to cut of and put avvay from thencefoorth, al maner occasion of contention about the true faith, and holy Religion. The vvhole Synode desireth the Emperour, to dissolue the councel, and to (.152.)* 1.34 geue thē leaue to departe: vvhereunto the Emperour vvould not consent, but (.153.)* 1.35 com∣maundeth that none of them depart.

Stapleton.

Here is nothing, whervpon ye shoulde frame any con∣clusion of Supremacy. Concerning Marcians oration we haue spoken somwhat before: and nowe ye geue vs more occasion, especially to note your true and accustomable faith, in the true rehersal of your Authour. For yf ye hadde not here maimed and mangled your owne allegation, ye had made your self a ful answere, for al this your bible ba∣ble, to proue the Emperours supremacy, for that they cal∣led or were present in the Councels. We (saieth this noble Emperour) are come into this present Councel,* 1.36 not to take vp∣on vs or to practise any power therein, but to strenghten and confirm the faith, therin following the example of the religious prince Constantine. By which woordes he declareth, that the Emperours authority and powre taketh no place in the Councel, to determyn or define any thing (which nei∣ther is founde of the doings of Constantine, or this Mar∣cian, or of any other good Prince) but only by ciuil penal∣ties, to confirme and strenghthen the decrees, as did Cō∣stantine, and as this Emperour did also, as appereth by his woordes spoken to the Synode,* 1.37 in this sixt action by yow recited. These woordes of Marcian ye haue cut from the

residue of the sentence: least otherwise it should haue by Marcian him selfe appeared that ye were but a glosar, a Popes glosar I say, as your brother Mollineus is: when ye wrote of the fiue Bishops,* 1.38 that otherwise must haue bene deposed. Cōcerning the staiyng of the Fathers, that would haue departed, whiche ye inforce as a thing material, if ye had not followed your accustomable guise of dismembring your Author, ye should haue found a small matter. Ye haue (saith Marcian to the Fathers) ben much weried by your iour∣ney: and haue taken great paines. Yet beare you, and staye you for iij. or .iiij. daies lōger: And our honorable Iudges being present, moue you what matter your hart desireth, and ye shal not faile of cōuenient comfort. But let no man depart, til all things be fully finished. What leaue is there asked here to depart, or what cōmaundemēt is made to stay and tarie? No, no, M. Horne: Princes were not thē so Imperiall ouer Bishops, as your dis∣solute heresies haue caused of late some to be.

M. Horne. The .54. Diuision. pag. 33. b.

Bassianus, of late the Bisshop at Ephesus, cōplaineth vnto the Empe∣rour, to direct his letters to the Synod, to haue his cause heard. The Empe∣rour cōmaundeth the Synod to heare the matter. The Iudges cō∣maūdeth Stephanus Bisshop of Ephesus, to make ansvvere vnto Bassia∣nus his complaint. After due examination had by the Iudges, openly in the Synod in this cōtrouersy, the Iudges asked of the Synode, vvhat they iudged to be done. The Bisshops adiudged Bassianus to be restored. But the Iudges appointed by the Emperour, vvould not (.154.)* 1.39 allovv that sentence, but dee∣med neither of them both vvorthy to occupy that Bisshoprike, and that there should be a third chosen, and admitted to that see, to the vvhich (155)* 1.40 iudge∣ment the vvhole synode did accord. After the end of this Councel, the Empe∣rour

doth confirme the determination therof by his publique Decree.

Stapleton.

M. Horn wil not leaue his laical iudgemēt so: (being mar¦uelous propense and enclined that way) belike because, he is become by the Canons a lay man him selfe, throughe his vnlaufull mariage: and therefore yet ones againe, they by their iudgement, if we wil credit M. Horne, do reuerse the iudgement of the whole Synode, in the cause of Bassianus and Stephanus. In dede, if M. Horne could proue, that the whole councel had first geuen sentēce, here had ben som∣what for him with some good countenaunce, to haue sette forth and furnished his new primacy withal. But now ney∣ther the whole Synode gaue yet iudgemente in the cause, neither was it any iudgement geuen by the laie men, more then was before against Dioscorus. For lo, M. Horne, they saye, nobis videtur, it seemeth to vs. But will ye see it is no sentence? Then I pray you marke well what followeth.* 1.41 After they had told their minde and opinion, they adde and saye: But we leaue the whole matter to the Councell, to geue what sentence, it shall please them in this matter. Ye will say, yet the whole Coūcell followed the aduise of the iud∣ges. Then it appereth it was but an aduise, no sentēce that they gaue foorth before. Els it were maruaile, if so so∣dainly they wente from their owne determination. But will ye see, how wisely this mater is handled of M. Horne? Yf the first was a resolute and a final sentēce of the whole Coūcel, what authority had the laie men to infringe it? Or how cā ye say they did infringe it, when they left afterward the whole determinatiō therof to the Coūcel? Thus ye see euery way, that the more ye striue ād strugle in this mater, ād with this coūcel, the more ye mesh and intāgle your self.

But perchaunce as ye see, or may see yf ye be not blynde, that ye are in the pytte or faste in the myre: so ye see not how to get out. And ye wil say, as ye say ād truely to, that the Iudges asked the Synod,* 1.42 what was to be don, and that they adiudged Bassianus to be restored. I graunt ye Sir: ye play now the true reporter: but either ye do not, or wil not vnderstand that wich ye reporte. For ye shall fynde a rule, and that euen in this Synode, that somtyme yt is writen (by the Notary) the Synode sayth, when the whole Synode sayeth not, but some of the Synode. And ye being so well trauayled by your self, or your frendes in this Synode, shuld haue cō∣sidered this rule, necessary to bring you out of the pytte of errour ye are fallen in. Wel perchaunce, as ye lack no cou∣rage, ye will not so geue ouer, and will say the matter fa∣reth not so here: and when yt is sayd The Iudges asked the Synode,* 1.43 yt must be takē for the whole Synode. Now you put me to my shifte in dede: But I truste to shift whith you wel inough. What say ye thē to Liberatus, by you oft re∣heresed, that sayeth as I say, that the whole Synode did not agree, that Bassianus shulde be restored, but parte of the Sy∣node: and therfore the matter was put ouer to an other me∣ting, at which metīg the whole Synod vniformely agreed, that aswel Bassianus as Stephanus shulde be remoued? In case this answere wil not contente you I wil I am assured, yf any most reasonable answere wil contente you, set you ouer to such witnesses, as your self hitherto haue best liked and sought all your helpe and ayde for your supremacy at their hands: I meane your Iudges and senatours the Empe∣rours deputies. For wheras ye alleage the matter, as finally determined in the .11. action, the very same matter was re∣sumed

in the .12. action. Because (say they) that after our oft mouing the matter to you, and requiring, that ye woulde geue sentence concerning the bisshop∣rike of the holy Church of Ephesus,* 1.44 there is no perfytte and resolute answere made: Let the holy ghospell &c. I trust by this tyme M. Horne, ye wil wisely geue ouer this matter of Bassianus and of all the resi∣dewe of this Councell, that ye haue vniustly plea∣ded vppon: and require of vs to belieue yow no better, then ye can shewe cause. Onlesse ye will haue vs vppon your bare worde to credite yowe. which I think wise men, wil not be to hasty to do, excepte ye can shewe some as good commission, as the Apostles had. For the bringing forth where∣of, we are contente to geue you a good long day. As for this councel whervpō ye would seme your proufs shuld reste, ye haue not shewed yt to vs by anie good and cleare light, but as ye haue done be∣fore, the Nicen and Ephesine, very obscurely and vnperfectly.

Notes

• * 1.1

  The aun∣svver cō∣cerning the Coū∣cell of Chalcedo
• * 1.2

  The E∣phesine and the Chalcedō Councell shevved in a darke horne.
• * 1.3

  See the .1. ••ome of councelle the 736. leaf and 737. col. 2. & 1.
• * 1.4

  See the 831. leaf. col▪ 2.
• * 1.5

  4. Causes to proue that Dios∣corus vvas not deposed by them▪
• * 1.6

  Videtur nobis iustū esse.

  See the 847. leafe col. 2.
• * 1.7

  Martians oration returned vpon M. Horne.
• * 1.8

  See the 740. leafe col. 1.
• * 1.9

  M. Horn•• argumēte for the exclama∣tiō retur∣ned vpon him selfe. See the 743. leafe. col. 1.
• * 1.10

  See the 750. leafe. 1. &. 2. col

  See the 847. leafe col. 2.
• * 1.11

  Niceph. li 8 ca. 16
• * 1.12

  Act. 2.
• * 1.13

  Act. 3, 630. Bis∣shoppes. (.146.) cō¦fesse the Princes suprema∣cie in Ec∣clesiasti∣cal causes.

  The .146, Vntruth. most ri∣diculous, a•• shall appeare.
• * 1.14

  The .147. Vntruth. In cōcea∣ling the next sen∣tence fo∣lovving opening the whol matter.
• * 1.15

  A Copie of M. Ie∣wells rhe∣torike in his Reply, the 225. page.
• * 1.16

  Act. 3. fol. 861. col. 1.
• * 1.17

  vvhy the fathers cal the Em∣perours the chiefe Phisitiōs.
• * 1.18

  1, Pet. 2. Ecclesiast. 38.

  1. Timo. 5. Heb. 13. Ecclesi. 4.
• * 1.19

  M. Horne contrarie to him self in on leaf.
• * 1.20

  The .148. vntruth. There is no suche must in all the Councell.
• * 1.21

  A sancto concilio se¦cundū re∣gulas, ab episcopali dignitate fieri alie∣nos.

  Pag. 831. col. 2.
• * 1.22

  The true meaning of the place by M. Horne alleaged. Anno. 25. Hē. 8. c. 19. Sententiae vestrae per∣misit deli∣berare de Thalassio & quae vobis pla∣cuerint. Fol. 872. col. 2. Liberatus. in Breuia. cap. 13. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

  Quia con∣senserant in subscri∣ptione epi∣stolae Leo∣nis, &c.
• * 1.23

  Dicta pa. 931. col. 2. Videtur nobis se∣cundum quod Deo placitum est, iustum esse si placuerit diuinissimo & pijssimo Domino nostro, eidem poenae Dioscorum reuerend. episcopum Alexandriae, & Iuuenalem reuerend, episcopum Hie••os. & Thalassium &c.
• * 1.24

  The 149. vntruth. The word disorde∣red, levv∣dely ad∣ded to the text, to make coulour of re∣proche.
• * 1.25

  The .150. vntruth. Not by any his supreme authority but at the bisshops choise ād pleasure, as shal ap∣peare.
• * 1.26

  Concil. Chalced. Act. 5. pa. 879. col. 2
• * 1.27

  The cause of the Cōmitties made in the v. Ac∣tion.
• * 1.28

  Pag. 880. col. 1.
• * 1.29

  Si vobis hoc nō pla¦cet, singu¦li fidē suā &c. Si au¦tem neque hoc velit vestra sā∣ctitas, cog¦noscite quia in partibus Occidēta∣libus fieri habet sy∣nodus, eó quòd &c.
• * 1.30

  It vvas be••ause he would 〈◊〉〈◊〉 Doctrinī Patrum. The do∣ctrine of Fathers: vvi••h you leaue out.
• * 1.31

  The 151. vntruth, in dissem¦bling a greate part of the Sen∣tence.
• * 1.32

  Ergo. it vvas be∣fore defi∣ned w••••h∣out the emper••r royal as∣sent.
• * 1.33

  For exe¦cution of the Coū∣cel.
• * 1.34

  The 152. vntruth. No suche words in the Acte••
• * 1.35

  The 153. vntruth, as before
• * 1.36

  Hovv ād vvhye Prīces are presente in Coun∣cels.
• * 1.37

  Fol. 893. col. 2.
• * 1.38

  Multum quidē estis itinere fa∣tigati, la∣borē per∣ferētes. ve∣runtamen sustinete tres adhuc aut qua∣tuor dies. Et presēti∣tibus ma∣gnificētiss. nostris iu∣dicib. quae∣cūque vul∣tis mouete, competens aedepturi solatium. Nullus ve¦strū ante∣quā perfe∣cti termini ex omnib. proferā••ur à S. cōcilio discedat. Fol. 894. col. 1.
• * 1.39

  The .154 Vntruthe. They neither allovved nor disallovved any sentence of the Councel, but shevved only their aduise and minde.
• * 1.40

  The .155. Vntruthe. It vvas no iudgement at all.
• * 1.41

  Act. 11. pag 915. col. •• Totū autē cōcilio san¦cto relin∣quimus quate∣nus senten¦tiam quae in haec cau¦sa fuerit visa, de∣promat.
• * 1.42

  In talibus sanct. Cōc. contingit frequēter, vnum ex praesentib{us} reuerend, episcopis aliquid di¦cere, & quod ab vno dictū est, tā{quam} ab oībus si∣mul dica∣tur, & sub¦scribatur & intelli∣gatur. hoc ab exordio subsecutū est in tan∣tum vt vno dicē∣te. scriba∣m{us}, sancta Synodus dixit. Act. 1. pa. 791. col. 2.
• * 1.43

  the true vnderstā∣ding of the place by M. Horne alleaged.
• * 1.44

  Gloriosissimi iudices dixerunt. Quoniam sepe nobis interloquē¦tibus & pescentibus proferri sententiam de episcopatu sancta Ecclesiae in Epheso cō¦stituto, perfecta res∣pōsio nō est data, Ve∣nerabile &c.

  Act. 12 pa. 916. col. 3.