A04468:4242
A defence of the Apology of the Church of England containing an answer to…A defence of the Apologie of the Churche of Englande conteininge an answeare to…
A defence of the Apology of the Church of England containing an answer to a certain book lately set forth by M. Harding, and entitled, A confutation of &c. By John Jewel Bishop of Salisbury.A defence of the Apologie of the Churche of Englande conteininge an answeare to a certaine booke lately set foorthe by M. Hardinge, and entituled, A confutation of &c. By Iohn Iewel Bishop of Sarisburie.
Imprinted at London : In Fleetestreate, at the sign of the Elephant, by Henry Wykes, Anno 1567. 27. OctobrisImprinted at London : In Fleetestreate, at the signe of the Elephante, by Henry VVykes, Anno 1567. 27. Octobris
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
But, that a Prince, or Magistrate may not lawfully call a Priest before him, to his own seat of Judgement, or that many Catholic, and Godly Princes have not so done, and done it lawfully, it is most untrue. The Emperor Justinian him self, who of all others most enlarged the Churches Privileges, 1saith thus: Nullus Episcopus inuitus ad Civilem, vel Militarem Judicem, in qualibet causa produeatur, vel exhibeatur: nisi Princeps jubeat: Let no Bishop be brought, or presented, against his will, before the Captain, or Civil Judge, what so ever the cause be: Onlesse the Prince shall so command it. The Emperor ⟨p. 638⟩Martianus commandeth, if the cause be criminal, that the Bishop be convented before the Lieutenant: Ut coram Praeside conueniatur. Pope Innocentius. 3. him self confesseth, that the Pope may make a Lay man his Delegate, to hear,2 and determine in Priests Causes. The like hereof ye may find in your own Gloss: Papa Laico delegat causam Spiritualem: The Pope committeth the hearing of a Spiritual matter unto a Lay man. Yea, further ye shall find even in the Popes own Decrees, 3that the Pope hath committed a Spiritual matter in a cause of Simony, to be heard, and ended by a Woman: & that Brunichildis, being a Woman, by virtue of the Popes Commission, summoned a Bishop, to appear, and solemnly to make his Purgation before her.4 Notwithstanding, in your Gloss upon the same it is noted thus: Fuit tamen hîc nimium Papaliter Dispensatum: The Pope was too Popelike in this Dispensation.
But, that a Prince, or Magistrate maie not lawfully calle a Prieste before him, to his owne seate of Iudgemente, or that many Catholique, and Godly Princes haue not so donne, and donne it lawfully, it is moste vntrue. The Emperoure Iustinian him selfe, who of al others moste enlarged the Churches Priuileges, 1saithe thus: Nullus Episcopus inuitus ad Ciuilem, vel Militarem Iudicem, in qualibet causa produeatur, vel exhibeatur: nisi Princeps iubeat: Let no Bishop be brought, or presented, againste his wil, before the Captaine, or Ciuile Iudge, what so euer the cause be: Onlesse the Prince shal so commaunde it. The Emperoure