visitation of the Ecclesiasticall estate and persons and for their reformation order and correction of the same and of all manner of errors heresies c. is given to the Queene with full power and authoritie to assigne nominate and authorize others also to exercise and execute vnder her highnes all and all manner of Iurisdiction priuiledges and preheminences in anie wise touching or concerning anie spirituall or Ecclesiasticall Iurisdiction and to visit reforme redresse order correct and amend c. 19. Which words may seem by their often naming of visitation and visiting that they meant onlie to make the Queene a visitrix ouer the Cleargie which importeth much limitation of supreme power and yet on the other side they giue her all Iurisdiction Ecclesiasticall that euer hath been heertofore or may be exercised by anie Ecclesiasticall authoritie or person and that both she and her substitutes haue all and all manner of Iurisdiction priuiledges and preheminences concerning spirituall affaires as you haue heard So as on the one side they seeme to restraine and limitt not calling her head of the Church as before in the stile of K. Henrie and K. Edward was accustomed but rather a supreme Visitrix as by these words appeereth And on the otherside they giuing her all and all manner of Iurisdiction Ecclesiasticall that by anie power or person Ecclesiasticall hath euer heertofore been vsed or may be vsed including no doubt therin both the Pope and all other Bishops or Archbishops that euer haue exercised Iurisdiction in England they make her spirituall head of the Church in the highest degree giuing her the thinge without the name and dazeling the eyes of the ordinarie Reader with these multitude of words subtilie couched togeather And why so thinke yon I shall breefly disclose the mysterie of this matter 20. When K. Henry the eight had taken the Title of Supreame head of the Church vpon him as also the gouernours of K. Edward had giuen the same vnto him being but yet a child of 9. years old the Protestants of other Countries which were glad to se England brake more and more from the Pope whome they feared yet not willing insteed therof to put themselues wholie vnder temporall Princes but rather to rest at their owne libertie of chosing congregations and presbyteryes to gouerne began to mislike with this English stile of Supreame head as well the Lutheranes as appeereth by diuers of their writings as also the Zuinglians and much more afterward the Caluinists whereupon Iohn Caluin their head and founder in his Commentary vpon Amos the Prophet inueigheth bitterlie against the said Title and authoritie of supreame head taken first by King Henry and saith it was Tyrannicall and impious And the same assertion he held during his life as after by occasion more particularlie shall be shewed And the whole body of Caluinists throughout other Countryes are of the same opinion and faith though in England they be vpon this point deuided into Protestants and Puritans as all men know 21. This then being the State of thinges when Q. Elizabeth began her Raigne those that were neerest about her and most preuailed in Counsell inclining to haue a change in Religion that therby also other changes of dignities offices and liuings might insue and desiring to reduce all to the new Queens disposition but yet finding great difficultie and resistance in many of the Caluinists to giue the accustomed Title of headship in respect of Iohn Caluins reprobation therof they deuised a new forme and featute of words wherby couertly to giue the substance without the name that is to saie the whole spirituall power iurisdiction of supreame head vnder the name of Visitrix or supreame gouernesse as in the Oath of the same Statute is set downe where euery man vnder forfiture of all his lands and liuings and life also in the third time is bound to sweare and professe that he beleiueth in his coÌscience that the said Qneene is supreame gouernesse in all causes Ecclesiastical in this sense and that there is no other Spirituall power or Ecclesiasticall Iurisdiction ouer soules in England but this of the Qneene or such as commeth from her And this was also the high iniquitie of this tragicall Comedye among other that the whole Realme being almost all Catholike and of a contrarie beleife at that time was forced to sweare within thirtie daies after the said Act to this fantasticall deuise of giuing supreame authoritie Spirituall to a woman wherof by naturall diuine and humane law she is not capable as in the next chapter shall bee proued being a deuise of some few in a corner first and then procured by negociation to passe in Parlament or els to incurre the daunger of the foresaid penalties that is to saie either sacrilegiouslie to forsweare themselues against their consciences or to vndoe themselues and theirs in wordlie affaires a hard and miserable choise 22. But now to the point it self what reall and substantiall difference thinke you can their be imagined between the spirituall Authortie of Head-ship giuen vnto K. Henry the 8. by the Statute of the 26. yeare of his reigne and this of visitrix or supreame gouernesse giuen to Q. Elizabeth in the first of her reigne Was not the self-same power and Iurisdiction ment to be giuen And if there bee no difference in the thing it self why doe they fly the word in this which they vsed in that and why doe they vse such large circumloquutions of visiting ordering redressing and the like For as for K. Henries statute it beareth this Title An act concerning the Kings highnes to be supreame head of the Church of England c. And in the statute it self it is said Be it enacted by the Authoritie of this present Parlament that the King our soueraigne Lord his heirs and successors shall be taken accepted and reputed the onlie supreame head on earth of the Church of England called Anglicana Ecclesia And the same Title was 9. or 10. years after giuen in like manner to K. Edward the sixt by the same Authoritie of Parlament if in this Case it had anie authoritie anecting also therunto all Iurisdiction spirituall whatsoeuer as it appeereth by a certaine declaration therof made in the Statute of the first year of the said King It saith thus That for so much as all authoritie of iurisdiction spirituall and temporall is deriued and deducted from the Kings Maiestie as supreame head of these Churches and Realmes of England and Ireland and so iustlie acknowledged by the Cleargie therof and that all Courts Ecclesiasticall within these said two Realmes be kept by no other power and authority either forreine or within the Realme but by the Authoritie of his most excelent Maiesty Be it therfore enacted that all sommons and citations and other processes Ecclesiasticall in all causes of Bastardy Bygamye and such like called Ecclesiasticall shall be made in the name of our King c. And that in
oftentimes runneth no small daunger of his soule through the passions of anger hatred reueÌge vain-glorie couetuousnes appetite of honour and the like affections of mynd vvhich peruert iustice and vvherof most strait accompt must aftervvard be rendred for the same 54. And if in any part of the vvorld this Fiscall office and authority be full of perill much more in England vvhere his povver is much more absolute then in any other countrey vvhatsoeuer For that in other Realmes the defendant for his life hath other Attorneyes and learned counsell allovved him as hath bene said but in England all is committed in a certayne sort to the Kings Attorney onlie vvhere the matter any vvay concerneth the Princes interest and albeit he be svvorne to be equall and indifferent betvvene the Prince and his subiect especiallie in matters of life and death yet doe all men see hovv that is obserued the Attorney thinking it his greatest honour to ouerthrovv any man that commeth in his vvay by all manner of opprobrious proceeding by scoffs iestes exprobrations vrging of odious circumstances tales inuentions coÌparisons rhetoricall exaggerations the like vvhich seemed in old time so vnciuill and inhumane against men in misery that diuers States and CoÌmon-vvealthes though Pagan and Gentile did forbid them to be vsed by the Actor notvvithstanding the lavv allovved them a defender and tvvice as much time for the defence as the Actor had for his accusation 55. All vvhich points of ayd and comfort doe faile in our English tryall of life and death and one more besides of singular importance vvhich is that the Iury commonlie is of vnlearned men and therby easilie either deceaued by crafty and coloured arguments of the accuser not hauing time to examine or iudgement to discerne them or led by false affectioÌs or terrifyed by force of authoritie vvhich in graue learned Iudges vvere not so much to be feared And by this may M. Attorney acknovvledg vvith me some part of the danger of his office vvho by one onlie vvorde looke signe or action may oftentimes preiudice the bloud of the prisoners that stande at the barre much more by so many exaggerations reproaches and insolencies vsed against them VVho remembreth not that late hateful exprobration to the vnfortunate Earle to vvhome it vvas obiected at the barre that he thought to be the first King Robert and novv he vvas like to be the last Earle of that name and hovvse And the other yet more bitter vnto his Secretary Cuff that you vvould giue him at length such a cuff as should make his head to reele against the gallovves these things to men in misery are great encreasmeÌtes no doubt of their calamityes and so much the more by hovv much they tasted of insolency neuer allovved of by vvise and moderate men tovvardes those that be in affliction or distresse And thus vvill I end this my first speach vvith you referring my self for the rest to that vvhich ensueth throughout this vvhole Answere Cath. Deuine A TABLE Of the particular Contentes Chapters and Paragraphes of this ensuing Treatise THe Preface to the Reader conteining the weight and importance of this our Controuersy wherby may be resolued whatsoeuer is in question betwene men of different Religions at this day in England The Answere to the Preface of Syr Edward Cooke the Kings Attorney Generall about Errour Ignorance and Truth and way to try the same Chap. I. pag. 1. The state of the Question in generall concerning Spirituall and Temporall Power and Iurisdiction their origen and subordination one to the other And how they stand togeather in a Christian Common-wealth Chap. II. pag. 23. The second part of this Chapter about the subordination of these two Powers the one to the other different greatnesse of them both § 1. pag. 32. The third Part of this Chapter shewing how these two Powers and Iurisdictions may stand well togeather in agreement peace and vnion § 2. pag. 40. The particular state of the controuersy with M. Attorney concerning the late Queenes Ecclesiasticall Power by the auncient lawes of England deduced out of the case of one Robert Caudery Clerke Chap. III. pag. 47. The second part of this Chapter with a more cleere explication of the Question § 1. pag. 57. VVheras in the case proposed there may be two kinds of Proofes the one De Iure the other De Facto M. Attorney is shewed to haue failed in them both And that we doe euidently demonstrate in the one and in the other And first in that De Iure Chap. IIII. pag. 63. The second Part of this Chapter wherin is shewed that Queene Elizabeth in regard of her sex could not haue supreame Ecclesiasticall Iurisdiction § 1. pag. 74. Of the second sort of Proofes named De Facto wherto M. Attorney betaketh himselfe alleadging certaine instances therin And first out of the Kinges before the Conquest Chap. V. pag. 92. How the Attorney not being able to proue his affirmatiue Proposition of English Kinges Iurisdiction Ecclesiasticall before the Conquest we doe ex abundanti prooue the negatiue by ten seuerall sortes of most euident demonstrations that there was no such thinge in that tyme but the quite contrary Chap. VI. pag. 103. The first Demonstration of the lawes made by ancient Kinges before the Conquest § 1. pag. 105. The second Demonstration That the first Ecclesiasticall lawes in our Countrey came not from Kings but from Prelates § 2. pag. 108. The thid Demonstration That all Ecclesiasticall weighty matters were referred by our Kings and people to the Sea of Rome § 3. pag. 113. The fourh Demonstration That Confirmations Priuiledges Franquizes of Churches Monasteries Hospitalles c. were graunted by the Pope § 4. pag. 124. The fifth Demonstration That Appeales and Complaints were made to the forsaid Sea of Rome about CoÌtrouersies that fel out in EnglaÌd § 5. pag. 131. The six Demonstration Of the Kinges and Archbishops that liued togeather in our Countrey before the Conquest and what lawes they were like to make § 6. pag. 139. The seauenth demonstration Of the concourse of our Kinges of England with other Princes and Catholike people abroad § 7. pagâ 141. The eight demonstration Of the making tributary to the Sea of Rome the Kingdome of England § 8. pag. 142. The nynth demonstration Of the going of diuers Kinges and Princes of England to Rome for deuotion to that Sea § 9. pag. 147. The tenth demonstration Of the assertions and asseuerations of diuers Kinges of England for preheminence of spirituall Power VVith a Conclusion vpon the former demonstrations § 10. pag. 151. Of the Kinges after the Conquest vnto our times And first of the Conquerour himselfe whether he tooke spirituall Iurisdiction vpon him or no by vertue of his Crowne and temporall authority Chap. VII pag. 155. Reasons that shew William the Conquerour to haue acknowledged euer the authority of the Sea Apostolicke § 1. pag. 160. Of King William the Conquerour his lawes in fauour of the
Iurisdiction be of Gods institution also and duelie to be honoured in his Church and Christian common wealth as before wee haue shewed yet doe they teach the same to be far otherwise deriued and receiued from God then is Spirituall Power that is to saie not immediatlie by Gods owne deliuerie therof but mediatlie rather to witt by meditation of the law of nature and nations For by the law of nature God âath ordeined that there should be politicall gouernment for that otherwise no multitude could be preserued which the law of nations assuming hath transferred that gouernment vnto one or more according to the particular formes therof as Monarchie Aristocracy or Democracy or mixt wherin is to be noted that the ordination of God by the law of nature doth giue politicall Power vnto the multitude immediately and by them mediately to one or more as hath been said But Spirituall Power Christ gaue immediatly and by himself to the Apostles and their Successors by these words whatsoeuer you shall bind vpon earth the same sâall be bound in heauen And whatsoeuer you shall loose one earth shall be loosed in heauen Wherby you se a generall large commission graunted to them of binding loosing Quaecunque whatsoeuer without exception And the like to S. Peter as head and chiefe by speciall power and commission of those words Pasce oues meas Pasce agnos meos Feed my sheep feed my lambs thryse repeated signifying therby the Preheminence and Primacy of his Pastorall Authoritie in Gods Church as the auncient Fathers haue allwayes vnderstood the same For that to the office of Supreame feedinge is required also all other authoritie necessarie to gouerne direct commaund restraine and punish in like manner when need requireth 8. About which point is to be obserued and considered attentâuelie say Catholike Deuines and most learned lawyers that when God almightie giueth any office he giueth also sufficient Power and Authoritie euery way to execute that office as when he giueth the office of a King or temporal Magistrate for good of the Common-wealth he giueth Authoritie therwith not onlie to direct command and instruct but to punish and compell also yea and to extirpate and cut of those when need is that are rebellions or otherwise deserue that punishment And the like is to be obserued in Spirituall Power and Iurisdiction according to which the Ciuil law saith Cui Iurisdictio data est ea quoque concessa esse intelliguntur sine quibus Iurisdictio expleri non potuit To whosoeuer iurisdiction is giuen to him also must we vnderstand to be graunted all those thinges without which his Iurisdiction cannot be fulfilled And the Canon law to the same effect Iurisdictio nullius videretur esse momenti si coërcionem aliquam non haberet Iurisdiction would seeme to be of no moment if it had not some power to compell And finally it is a general rule giuen in the said Canon law that when anie cause is committed to anie man he is vnderstood to receiue also ful authoritie in al matters belonging to that cause 9. Out of all which is deduced that for so much as Christ our Sauiour God and Man hauing purchased to him felfe by the price of his owne blood a most deerlie beloued Church and committed the same as S. Paul saith to be gouerned by his Apostles and Bishops their successours vnto the worlds end it must needs follow that he hath indowed the same Church with sufficient spirituall Authoritie both directiue and coactiue to that end for gouerning our soules no lesse than he hath done the temporal CoÌmonwealth for affaires of the body Nay much more by how much greater the importance is of the one than of the other as before hath been said 10. If you aske me yet more particularlie where and how by what commission and to whom Christ our Sauiour left this high Spiritual Power in his Church what it is and wherin it consisteth I answere first to the last that it consisteth as often hath been said in guiding our soules in this world to euerlasting saluation in the next Which thinge for that principallie it dependeth of this that we auoide sinnes in this life or if we committ them that they be pardoned vs or corrected by this Power Christ our Sauiour doth most aptlie giue and describe the same Power by the words of binding or loosing sinnes And therefore in the foresaid place alleadged out of S. Matthew his Ghospel he giueth the said commission as you haue heard VVhatsoeuer you shal binde or loose vpon earth shal be bound or loosed in heauen Wherby the Church of God hath allwaies vnderstood full authoritie of Iudicature to haue been giuen to the Apostles and their successors to discerne iudge binde or loose in all things belonging to this end of directing soules 11. Truth it is that diuers learned deuines are of opinion that in these places Christ did but promise to his Apostles to giue them this high iudiciall authoritie in his Church when by his death and resurrection it should be founded And that the actuall performance of this promise was made vnto them in the 20. if S. Iohns ghospell where Christ said vnto them Sicut misit me pater ego mitto vos As my father sent me so I doe send you and then presentlie breathing vpon then he addeth Receiue the Holie-ghost whose sinnes you shall forgiue they are forgiuen vnto them and whose you shal retaine they are retained Where we se that Christ speaketh now in the present tense they are forgiuen and they are retained and not in the future as before in the place of S. Matthew his ghospell And we must note that those words of our Sauiour As my father sent mee so I doe send you are vnderstood by auncient Doctors of Authoritie as though he had said that with the same power authoritie that my father sent mee into this world to gather gouerne my Church I doe also send you that is to saie withall spirituall power necessarie to your office and charge both on earth and in heanen And therfore he saith in S. Matthew his Ghospell That whatsoeuer they shall binde or loose vpon earth which are the Acts of high iudges shall be loosed or bound in heauen 12. And to S. Peter in like manner as Cheif of the rest the promise of his Supreame and singular power besides the other which out of the former general commission he receiued with the rest of the Apostles was made vnto him first in S. Matthews ghospell when Christ said Thou art Peter which signifieth a stone or rocke and vpon this rock will I build my Church and will giue vnto thee the keies of the Kingdome of heauen c. Which he perfourmed afterward in the 21. chapter of S. Iohn after his resurrection when asking him three times of his loue towards him he as manie times gaue him coÌmission of high-pastor ouer
the manner of the Power deliuered to them both and you shall see the Priests tribunall much higher then that of the King who hath receiued onlie the administration of earthly things Nequè vltra potestatem hanc quicquam habet pratereà authoritatis Neither hath he any authoritie beyond this earthlie Power But the Priests tribunall is placed in heauen and hath authoritie to pronounce sentence in heauenlie affaires And who affirmeth this The King of heauen himself who saith vvhatsoeuer you shall bind on earth shall be bound in heauen and vvhatsoeuer you shal loose shall bee loosed Heer you see heauen to take principall authority of iudging from earth for that the Iudge sitteth on earth and our Lord followeth his feruant so as whatsoeuer the said seruant shall iudge heere beneath that will his maister allow in heauen So S. Chrysostome 24. And consider heere good Reader that this holie Father and Doctor wrote all this in Constantinople where the Emperour was present and many Courtyers togeather with the Empresse herself auerted from him for his seueritie of discipline and ready to note and take aduauntage against any thinge that he should say And yet was this doctrine neuer obiected against him as iniurious to the Emperour or to his Emperiall crowne notwithstanding as you see he speaketh plainlie both about the Subordination of temporall and spirituall Povver the one to the other as also that the Emperour had the one and not the other And if the same Father should preach this doctrine at Paules Crosse in these our daies he would be hissed out and be called into question of treason by the tenor of M. Attorneyes booke so far are our tymes differeÌt from these But God his truth are alwayes one 25. And to this very same effect might I alleadg heere the sayings and doings of diuers other auncient Fathers and Bishops for all were of one spirit opinion and faith in this behalfe but it would bee ouerlonge yet S. Ambrose I cannot omitt who in two or three occasioÌs with the Christian Emperours of his time did expresse most manifestly the iudgement of the Catholike Church in those daies The first wherof was with Valentinian the the younger who being induced by the Empresse Iustina to commaund S. Ambrose Bishop of Millaine to dispute with AuxentiuS the Arrian Bishop and other of his Sect before the Emperour and his Counsellours and whole courte in his pallace he refused the same and gaue his reasons to the said Emperour in a seuerall booke which beginneth thus Clementissimo Imperatori Beatissimo Augusto Valentiniario Ambrosius Episcopus c. and then he setteth downe how the Tribune Dalmatius with a publike Notarie did cite him in the Emperours name to come to that conference or disputation and what he answered vnto him which was in these words I answered saith he that which your Father of glorious memorie Vaelentinian the elder not only answered in speach vpon like occasion but confirmed also by his lawes that in causes belonging to faith Priests only should iudge of Priests Yea further also that if a Bishop should bee called in question for his manners this iudgment likewise should appertaine vnto Bishops And who then of vs doe answere more peruerslie wee that would haue you like your Father or they that would haue you vnlike him c. Quando audisti Clementissime Imperator laicos in causa fidei de Episcopo iudicasse When haue you euer heard most Clement Emperour that lay men did iudge Bishops in matters of faith Certè si vel scripturaerum seriem diuinarum vel vetera tempora retractemus quis est qui abnuat in causa fidei in causa inquam fidei Episcopos solere de Imperatoribus Christianis non Imperatores de Episcopis indicare Truly if we will consider either the whole course of diuine scriptures or the vse of auncient times no man can deny but that in matrers of faith I say in matters of faith Bishops were wont to iudge of Christian Emperours and not Emperours of Bishops Eris Deo sauente etiam senectutis maturitate prouectior tunc de hoc censebis qualis ille Episcopus sit qui laicu ius sacerdotale substernit Pater nunc vir maturioris aeui dicebat Non est meum iudicare inter Episcopos Tua nunc dicet Clementia Ego debeo iudicare You shall be by Gods fauour by the maturitie of old age you being now in your youth better informed and then you will be able to iudge better of this point what manner of Bishop he is to be accounted that subiecteth the right of Priestdome to laie men your Father being a man of riper yeares said It belongeth not to me to be Iudge amongst Bishops And will your Clemencie say now that you ought to be their Iudge so S. Ambrose in this occasion 27. The next yeare after with the same Valentinian who by instigation of the said Arrians fauoured by Iustina the Empresse decreed that a Church in Millaine should be giuen vnto them S. Ambrose resistinge the same had a notable combat which besides other Authors himself setteth downe at large in a certaine epistle to his sister Marcellina where shewing the solemne denuntiation of the Emperours Decree vnto him with his answere he saith Conuenerunt me primò viri comites Consistoriani c. First there came vnto me certaine Earles of the Court to commaund me to deliuer the Church c. I answered that which belongeth to a man of my order that the Church could not be giuen vp by a Priest c. Ego mansi in munere missam faecere caepi dum âffero raptum cognout c. I continued on in my Priestlie function I began to say masse and whilest I was offering I vnderstood that one of the aduersarie parte was taken by the people I began bitterlie to weep and beseech God in my oblation that he would help that no bloud might be shed in this cause of the Church but that my bloud only if it were his holie will might bee shed not only for saftie of the people but also for the wicked sorte themselues c. The Emperours Earles and Tribunes vrged me againe that I should deliuer the Church sayinge Imperatorem iure suo vti eò quòd in potestate eius essent omnia Respondi quae diuina sunt Imperatoriae popotestaeti non esse subiectae c. They said that the Emperour did but vse this owne right and due authoritie for that all was in his power I answered that those things that were diuine beloÌged to God are not subiect to the Emperours power So S. Ambrose for defence of this his particular Church against the Emperours commaundement which notwithstanding was but a materiall Church as you see and yet he said the cause vvas diuine and not subiect to the Emperors power but to a higher authoritie of the clergie 27. And yet further when the said Tribunes sent
by the Emperour required to haue certaine Church-vessels deliuered vnto them S. Ambrose writeth thus Cum esset propositum vt Ecclesiae vasa iam traderenpius hoc responsi reddidi c. when it was proposed vnto me by the Emperours officers that we should presently deliuer vp the vessels of the Church behold Church-vessels of price in those daies I gaue this answere that if anie things of mine were demaunded either land or house or gold or syluer or anie other things that lay in my power to giue I would willinglie offer the same but from the Church of God I could take nothing away nor deliuer that which I had receiued to be kept And that in this point I did respect the health principally of the Emperours soule for that it was not expedient for me to deliuer the said Vessels nor for him to receiue them And that he should take in good parte the speach of a free Priest If the Emperour did loue himself he should doe well to cease from offeringe iniurie to Christ. So he And what would he haue said thinke you or answered if he had been in our English Parliament when K. Henry the 8. both demaunded and obtained not onlie the Vessels of many hundred Churches but the lands liuings houses and Churches also themselues which he pulled downe equalled with the ground or from sacred translated them to prophane vses 28. But let vs heare the same Doctor and Father handling this subiect more cleerly in another place to witt in a publike sermon to the people wherin he instructeth them of the true nature and subordination of these two Powers Spirituall and Temporall Ecclesiasticall and Imperiall Soluimus saith he quae sunt Caesaris Caesari quae sunt Dei Deo c. we doe pay vnto Caesar those things that belong to Caesar and we giue vnto God the things that appertaine vnto him Is it Caesars tribute that is demaunded we deny it not Is it the Church of God It ought not to be giuen vp to Caesar. For that the Temple of God cannot be the right of Caesar which we speake to the Emperours honour for what is more honorable vnto him then that he being an Emperour be called a child of the Church which when it is said it is spoken without sinne and to his grace for that a good Emperour is within the Church but not aboue the Church and he seeketh rather help of the Church than refuseth the same this as we speake in humilitie so with constancie wee freelie affirme it And albeit some doe heere threaten vs fire sword and exile yet we being Christs seruaunts haue learned not to feare such things and him that feareth not no threats can daunt 29. And finallie not to be longer in this matter the same good Bishop some few years after hauing occasion to reprehend and correct by his Ecclesiasticall Power and Iurisdiction the famous Emperour Theodosius the Great he failed not to vse the same and therby shewed the eminency of his iurisdiction aboue the other The occasion was for that the said good Emperour had suffered himself by the incitation of certaine of his courte about him to permit the sackage or spoile of the Citty of Thessolonica for certaine howers to his souldiars in reuenge or chastisement of a certaine disorder committed by them but the said sackage and massacre proceedinge further vpon furie of souldiars then the Emperours meaninge was and many thousands of innocent people slaine S. Ambrose wrote first an earnest epistle to the said Emperour laying before him the grieuousnes of his sinne and exhortinge him to doe pennance Wherin he when the Emperour performed not so much as hee desired proceeded further And when the Emperour came one day to the Church the foresaid Bishop went forth and met him without the Church dore forbidding him to enter therin as vnworthy the communion of Christian faithfull people vntill he had done sufficient pennance for his sinne which the good Emperour meeklie obaied as he did afterward also when he comminge to the Church to be reconciled and hauing made his offring he remained within the chauncell amonge the Priests But S. Ambrose sending vnto him his Deacon signified that that place was only for Priests and Clergie men and therfore he should departe forth into the body of the Church amonst lay men adding this sentence Purpurae Imperatores non sacerdotes efficit Purple robes make Emperours but not Priests Which admonition saith Theodorete the most faithfull Emperour tooke in good parte and said that he did not stay vvithin the chauncell vpon any presumption but for that he had learned that custome in Constantinople and therefore gaue him thankes also for this wholsome admonition So he 30 But all which is seene what eminency of Spirituall Authoritie was ascribed by these holy Fathers and Doctors to Bishops Priests and Clergie-men aboue Kings and Emperours and I might adde much more out of them to the same effect for confutation of M. Attorneys Paradox but that I am to reserue diuers things to the fourth chapter of this booke where I must answere his principall argument That vvhosoeuer ascribeth not all supreame power to Princes as well in Ecclesiasticall as Temporall matters maketh them no complete monarches But these holy Fathers of the auncient primitiue Church were of another iudgement as you see 31. Wherfore this being so that in the Church Common-wealth of Christ though Kings and Emperours be Supreame in temporall Authoritie and both honour obedience and tribute due vnto them in their degree as Christ and his Apostles doe teach yet that in spirituall and Ecclesiasticall matters concerning the soule Priests and Bishops are more eminent in Authoritie Hence it was deduced that for combininge these two Powers and Authoritie togeather in peace and vnion and due subordination in the Christian Common wealth the one hauinge need of the other for that neither the temporall partie can saue their soules without the spirituall function neither the Ecclesiasticall State be defended without the temporal sword hence I say it proceeded that presentlie after the entrance of Constantine the Emperour into the Church wherby Temporall Spirituall Power were to be conioyned togeather and exercised in one body though in different tribunalls distinct affaires seuerall laws and ordinances were set downe and agreed vpon how they should liue togeather in peace and concord and dutifull respect the one to the other the Ecclesiasticall partie by an auncient name euen from the Apostles time downwards being called the Cleargie which signifieth the Lott or peculiar in heritance of God himself and the temporall partie named the Laity which importeth as much as the rest of the people besides the Cleargie 32. These two parties I say are directed by most anncient laws both diuine and humane how to liue togeather in vnion due subordination giuing to each power and gouernment that which is due to each
and prescribeth in particular what is to be done as lawfull Iudge in these matters And to that of the French Bishops he giueth such answeres as therby he testifyeth that he wel knew himself to haue supreme authoritie and iurisdiction Ecclesiasticall as well ouer all Bishopps of France as of England and all countryes besides throughout all Christendome For thus he wrote as S. Bede relateth For as much as concerneth the Bishopps of France I gaue you no authoritie ouer them and from the ancient tymes of my precedessors the Bishop of Arles hath receaued his pall from the Sea of Rome whome we ought not to depriue os that authoritie which from them he hath receaued c. 12. And the same Pope Gregorie sending the pall which is the proper signe of Archi-episcopal authority vnto the same S. Augustine of England he appointeth him his limitts of power and iurisdiction and what he shall doe and giue to others and this without any reference vnto K. Ethelbert any way to depend of him in his said authority or execution therof For thus he writeth vnto him Reuerendissimo Sanctissimo Fratri Augustino Coepiscopo Gregorius seruus seruorum Dei. Quia noua Anglorum Ecclesia c. For that a new Church of the English nation by Gods gyft and your labour is now brought to participate of the grace of our Sauiour Christ we doe graunt vnto you the vse of the pall in the sayd Church only to be vsed in the solemne celebration of Masses we graunt you also authority to ordeine twelue Bishops vnder you which shal be subiect to your iurisdiction but yet sâ as the Bishop which shal be ordeyned for the citty of London shall euer afterward be consecrated by a Synod and shall receaue also a pall of honour from this holy and Apostolike Sea of Rome â wherin by Gods appointment I doe serue at this tyme. We doe will you also to send a Bishop to the Citty of Yorke whome your self shall thinke good to ordeyne but yet with this condition that if that Citty with other places neere about doe receaue the worde of God he may ordayne twelue Bishops also and so remaine with the honour of a metropolitan for that we doe intend God willing if we liue to giue him also the pall whome yet notwithstanding we will haue to be subiect to your disposition though after your death he shall so be ouer these Bishops whome he hath ordeyned as he be no way subiect to the iurisdiction of the Bishop of London c. But your Brotherhod shall not only be Superiour and haue authority ouer those Bishops which your self haue ordeined but ouer those also which shal be ordeined by the said Bishop of Yorke And so in the authority of Iesus Christ our God Sauiour you shall haue subiect vnto you all the Priests of Brittany to the end that from your mouth and holines of life they may receaue a true forme both of right belief and vertuous life and therby performing their dutyes of good Christians both in faith and manners they may come at length by Gods holy grace to enioye his heauenly Kingdome who keepe and defend you euer most reuerend Brother The tenth day before the Calends of Iuly Mauritius being Emperour c. the 4. indiction anno Domini 601. 13. By this epistle and commission of Pope Gregory we may see what authority he tooke himself to haue for all matters spiritual and Ecclesiasticall in our Countrey neither did he thinke herby to doe any iniury to King Ethelbert neither did the King take it soe or imagine that himself had any spirituall Iurisdiction or Ecclesiasticall authority to gouerne the Church by vertue of his temporall crowne more now by being a Christian then he had before when he was a Gentile but only that now he was to gouerne Ecclesiasticall persons also in ciuill and temporall matters and therby might rightly be called King of them both in the sense which befoâe in the second Chapter of this answere we haue declared 14. Nay good King Ethelbert was so far of from thinking himself to receaue any preiudice against the power and authority of his temporall Crowne by the spirituall iurisdiction ouer him and all others instituted by Pope Gregory as he infinitely reioyced therat and presently made temporall lawes to confirme the same hauing speciall care to prouide for the fafety and immunity of the Clergie as S. Bede doth signifie And moreouer that he reduced the forme of his secular iudgements and Tribunalls to the likenes of those of Rome Among other good things and benefits saith he which King Ethelbert with his wisdome did bring into his nation one was that he appointed by the counsaile of wise men the decrees of iudgements to be made according to the example of the Romanes which decrees being written in the English tongue doe remaine in vse and force vnto this day So Bede Who liued an hundred fifty yeeres after And this may suffice for example of the first Kingdome conuerted to Christian religion which was of Kent and the countreyes round about euen vnto the riuer of Humber 15. But if I would passe to the consideration of other Kingdoms also conuerted after this of their Christian CoÌmon-wealthes instituted and ordeyned according to the forme of this first there would be much to say For first some foure yeares after the conuersion of the sayd K. Ethelbert of Kent by S. Augustine was conuerted by the preaching of S. Mellitus Sebert or as S. Bede calleth him Sabered King of the East-saxons and some fiue yeares after that againe King Sigebert of the East-angles by the preaching of S. Felix Bishopp and some seuenteene yeares after that againe K. Edwyn of the Northumbers by the preaching of S. Paulinus And then further some nyne yeares after thatâ K. Kinegilsus of the VVest-saxons by the preaching of S. Berinus and about the same time Prince Peda of the Mercians or Middle-iland people by the persuasion of the good K. Oswyn of Northumberland And finally about some 27. yeres after all this K. Ethelwâld or Ethelwalch as S. Bede calleth him of the Southsaxons was conuerted by the preaching of S. VVilfride 16. All these Pagan Kingdomes as they receaued the faith and Kingdome of Christ by the industrye and labours of spirituall and Ecclesiasticall men that preached and instructed them and were subordinate the one to the other but all to the Sea os Rome so did those Kings now made Christians subiect themselues vnto them not only in matters of faith and beliefe but in discipline also and Ecclesiasticall iurisdiction as sheep to their Pastors according to that which before you haue heard S. Cregâââ Nazianzen tell the Emperour of his tyme and herby it came to passe that albeit these different Kingdomes had different teâporall lawes for secular affayres before their conuersion and reteyned the same afterward vntill England became one sole Monarchie
said King and Bishops tooke vnto themselues wholesome counsaile choosing and ordeyning particular Bishops in euery prouince of the Geuisses or westsaxons And wheras the said prouince had but two Bishops in old time now they deuided the same into fiue and presently the Synod being ended the said Archbishop was sent to Rome with honourable presents Qui Papam saith our Authour cum magna humilitate placauit Decretum Regis recitauit quod Apostolico maximè placuit He did with great humilitie endeauour to pacify the said Pope Formosus reciting vnto him the decree that King Edward had made for better furnishing the Countrey with more Bishops for the time to come then euer had byn before which most of all pleased the Apostolicall Pope Wherfore the Archbishop retourning into England ordeyned in the Citty of Canterbury seaueu Bishops vpon one day appointing them seuen distinct Bishoprickes Atque hoc totum saith he Papa firmauit vt damnaretur in perpetuum qui hoc decretum infirmaret And the Pope Formosus did confirme this decree of this distinction of Bishops in England daÌning him eternally which should goe about to infringe the same So Malmesbury and consider the authority here vsed 58. The same Pope also wrote a letter to the Bishopps of England by the said Archbishop Pleamond in these wordes To our brethren and children in Christ all the Bishopps of England Formosus We hauing heard of the wicked rytes of Idolatrous Pagans which haue begun to spring vp againe in your partes and that yow haue held your peace as dumme doggs not able to barke we had determined to strike you all with the sword of separation from the body of Christ and his Church but for so much as our deere brother Pleamond your Archbishop hath tolde me that at length you are awakened and haue begun to renew the seed of Gods word by preaching which was so honourably sowne from this Sea in times past in the land of England we haue drawne backe and stayed the deuouring sword and moreouer doe send you the benediction of almighty God and of S. Peter Prince of the Apostles praying for you that you may haue perseuerance in the good things which you haue well begune c. 59. Thus went that letter with a far longer exhortation ââ that behalfe with order and instruction how to proceed to coâtinew good Bishopps among them which was that as soone ââ knowledge came to the Metropolitan of any Bishop dead he should presently without delay cause another Canonically to be elected in his place and himself to consecrate the same And moreouer he determineth that the Bishop of Canterbury hath byn euer from ancient times held for chiefe Metropolitan of England otdeyened so by S. Gregory himself as in the Roman Registers was authenticall recorded and therefore he confirmeth the same threatning that what man soeuer shall goe about to infringe this decree shal be separated perpetually from the body of Christ and his Church So Malmesbury 60. And in this example we see many points expressing the sense of these ages as first the vigilancy of the Pope Formosus ouer England the affaires therof though far remote from him and altogether embroyled with warrs no lesse then ouer other Prouinces Kingdomes of the world which is conforme to that which S. Bede writeth of the like diligence of Pope Agatho aboue two hundred yeares before this of Formosus that is to say that he seing the heresie of Monethelites that held but one only will in Christ to spring vp and encrease in diuerse places of the world sent one expressly from Rome into England to learne what passed there Pope Agatho saith Bede being desirous to vnderstand as in other prouinces so also in Britany what was the state of the English Church and whether it preserued it self chaste and vnspotted from the contagions of heretickes sent into England for this purpose a most reuerend Abbot named Iohn who procuring a Synod of Bishops to be gathered togeather about that matter by Theodorus the Archbishop found that the Catholike faith in England was conserued in all points entire and inuiolated of which Synod he had an authenticall copie deliuered him by publicke testimony to be carryed to Rome Thus S. Bede touching the attention and diligence of Pope Agatho in our English Ecclesiasticall affaires 61. And it is to be noted that in the same Synod is sett downe that fower seuerall Kings concurred thervnto to giue therby satisfaction vnto the Pope to wit Egfryd King of the Northumberâ Ethelred of the Mercians Adelnulphus of the Eastangles Lotharius of Kent which is conforme to that which the King Edward the first ââ the former example did when presently vpon the threatning letters of Pope Formosus he called forthwith a Councell remedyed the fault that was committed sent the Archbishop Pleamond to Rome to giue satisfaction and promise of amendment for the time to come which is to be presumed that none of these Kings would haue done if they had thought themselues iniured by this intermedling of the Pope as an externall power and that themselues had authority Ecclesiasticall deriued from their crownes to dispose order these things without any reference to the Sea Apostolike And so much for this argument and demonstration which openeth a window to see many things more which by me of purpose are pretermitted for that I couet not to be ouerlong The sixt Demonstration 62. The sixt Argument may be deduced from an vniuersall contemplation of all the Kings Archbishops and Bishops that haue liued and raigned togeather in all this tyme in England and the seuerall Prouinces and Kingdomes therof before the Conquest the Kings being in number aboue an hundred that were Christened as often before hath byn mentioned the Archbishops of Canterbury the spirituall heads of the English Church 32. from S. Augustine vnto Stigano and other Bishops of far greater number laying before our eyes what manner of men all these were what faith they beleeued and practised what vnion and subordination they had in spirituall and temporall iurisdiction amongst them selues both at home and abroad with the Sea Apostolike which in great part hath byn declared by the precedent arguments and demonstrations All which being layd togeather we may inferre that for so much as lawes are nothing else but ordinaunces and agreemenrs of the Prince and people to the publicke good of euery Kingdome State and Countrey we may inferre I say that according as we find the faith and religion of our Princes Bishops and people to haue byn in those dayes so were also their lawes For out of their religion they made their lawes and consequently it must needes follow that they being all perfectly Catholike according to the Roman vse as by all the former arguments you haue seene that they made no lawes concerning Ecclesiasticall matters nor admitted âonceaued any from their ancestours nor could not doe they being also
and hath these words Chrisicrux antecellit Caesaris aquilas gladius Petri gladio Constantini Apostolius sedes praeiudicat Imperatoriae potestati The crosse of Christ excelleth the spread-eagles in Cesars banners the sword of Peter is of more eminent power then the sword of Constantine and the Sea Apostolike is more potent then any Imperiall authority And this was the opinion sense and iudgement of these Princes and tymes wherin they made this difference degree of these two swordes without any such preiudice of taking away halfe their Monarchies from themselues or other Princes therby as M. Attorney and other such Prince-flatterers doe pretend The Conclusion vpon the former Demonstrations 90. Now therfore gentle Reader by these ten demonstrations thou hast seene what was the opinion iudgement and practise of all our ancient English Kings before the Conquest about this point of temporall and spirituall power and authority and heare I thinke thou wilt not deny but that my manner of proofe is and hath byn according to the rule of the Fathers touched before in the answere to the preface to wit KATH'HOLON or secundum totum bringing forth the whole body of this tyme that M. Attorneys proofe if it had byn a proofe that is to say if he had proued that which he propounded is secundum partem according to a part he only alleadging two sole petite instances out of all the ranke of aboue an hundred Kings for the space almost of fiue hundred yeares and these two also so weake and impertinent as no waye they can subsist in the sense wherin he alleadgeth them And herwithall in like manner thou mayst pleasâ to call to remembraunce the auncient obseruation of old Tertullian aboue forteene hundred yeares gone Solemâ est heretick c. It is a solemne tricke of heretickes by the occasion of some one doubtfull sentence or clause to wrest matters contra exercitum sententiarum against a whole army of sentences to the contrary And S. Cyprian in the next age after him noteth the like audacity of hereticke of his tyme that would take a part and leaue out a part and preferre some peece or parch before the whole And whether M. Attorney doe not follow the same spirit heere in peeping forth with two little miserable mistaken instances out of so great an army of plaine testimonyes to the contrary you haue already seene and out of your wisdome will easily iudge The like or worse dealing will you find afterward when we shall haue passed the Conquest whervnto now we hasten and for the euent I remit my self to the experience OF THE KINGS AFTER THE CONQVEST VNTO OVR TYMES And first of the Conquerour himself whether he tooke spirituall iurisdiction vpon him or no by vertue of his Crowne and temporall authority CHAP. VII HAVING pervsed what passed among our Kings before the Conquest to which pervse veiw we were led by M. Attorneys induction of two instances of those dayes as you haue seen we are now to follow him also beneath the said Conquest for tryall of our controversie where albeit as before I haue noted the further wee goe from the origen of our English conuersion and heate of that primitiue spirit of deuotion that God gaue our Kings in those first ages of their said conuersion to Christian religion the more coldnes we shall find in some cases and more worldly and secular spirit in diuers of our Norman and French Princes then waââ the English before them yet for the substance of this point of controuersie between M. Attorney and mee about the acknowledgement of the Popes authority Ecclesiasticall we shall find them in effect no lesse resolute then the other if you respect the substance of the thing it self though in tendernesse of piety and deuotion their different liues and courses as after you shall se be witnesses vnto vs of no small difference 2. And this is seen in none more then in K. VVilliam the first himself the head stocke of al the rest who though in life action as a warryer and Conqueror were rough fierce boysterous especially in the former years of his raigne ouer EnglaÌd wherin vpoÌ ielosy of his vnsetled state he did many things de facto which were not so iustifiable de Iure for which Authors doe note that he was greatly punished by God both in himself in his children and childrens children yet in this point of true substantiall obedience to the Church when he was void of passion and out of occasion of any coÌstraining necessity he all-wayes shewed himself dutifull respectiue humble towards the said Church according to his Oath taken at his Coronation before the Altar of S. Peter at VVestminster se velle Sanctas Dei Ecclesias ac rectores defendere saith Florentius that he would defend the holy Churches of God and the gouernours therof which to haue perfourmed he professed also at his death with teares as Iohn Stow more auncient writers then he doe beare him witnes some are of opinion that the long continuance of his line in the Crowne of England considering how he entered how some of them haue gouerned after him may principally be ascribed vnto this that he would not take in hand the enterprice of England but that first it should be consulted and approued by the Sea Apostolike at at Rome as presently you shall heare that it was and for that himself so firmely relied vpon the same afterward in all his greatest occasions and recommended the same especially to his sonnes on his death-bed when he was free from these interests which oftentimes before drew and wrested him to diuers actions which in that last houre he approued not but condemned and much bewayled 3. And of this later point many examples might be alleadged both of much bloudshed in England of spoiling and destroying the countrey of casting downe many townes and Churches for enlarging his hunting of vexing and oppressing the English-nation of ryfling and spoyling monasteryes and Churches where the English had hidden some of their wealth to maintaine themselues withall his detayning in prison all dayes of his life the Archbishop Stigand and diuers other Bishops and Abbots deposed in the Councell at VVinchester by Pope Alexander his legats in the fourth yeare of his raigne and of his brother Otho Bishop of Baion held in prison by him albeit this concerning Ecclesiasticall persons he professed to doe by licence and commission of the Sea Apostolike yet in truth the cheife cause was his owne vehement passion and ielousie of his temporall estate For I find a letter of Pope Gregory the seauenth that succeeded Alexander the second written vnto him vpon the yeare of Christ 1084. which was the 18. of K. VVilliams raigne wherin the said Pope though praising his religious zeale in other things which he would neuer haue done if he had byn opposite to his authority and iurisdiction yet doth he reprehend
pretence of many causes appealed therein to the Sea of Rome the Archbishop not admitting the same appeale pronounced notwithstanding sentence of excommunication against him Celestinus the Pope not only reuoked the said sentence but exempted moreouer the said Bishop Bishopricke from the obedience of the said Archbishop and Archbishopricke of Yorke as the same author relateth So as in this he shewed his authority in England 37. But now let vs passe to K. Richard himself who being valiantly occupied in the warres against the Infidels and enemies of God in Asia had many crosses fell vpon him First the falling out and departure of K. Philip of France from that warre as you haue heard who returning into France began to treat presently with Earle Iohn to trouble the peace of his brothers territoryes and the principall point that combined these two togeather against King Richard besides the enuy of the one and ambition of the other was that both of them were afraid least Prince Arthure Earle of Brittany sonne to Geffrey Iohns elder brother should succeed in the Kingdome of England if any thing should happen to King Richard and so the Bishop of Ely had giuen out that King Richard himself had written from Sicily which point was much feared as preiudiciall to them both Whervpon they made a fast league and began on both sides of the Sea to trouble the State which when K. Richard vnderstood and that Pope Celestinââ ãâã his letters and other diligence could not stay them and that ãâã grew into sedition at home by partes-takinge he was forced sorely to his greife and to the publicke lamentation of all Christendome to leaue that warre and to abandon the victorie that was euen now almost in his hand if he had stayed as the euent also shewed for that soone after dyed the Saladine by whose death there was no doubt but that King Richard had recouered Ierusalem 38. But he returning for defence of his owne countrey fel into great misery For being taken as hath byn said by Duke Leopold of Austria vpon pretence of certaine iniuries receiued from him his people in the warres of Asia he was deteined by him and by the Emperour Henry the 6. more then fifteen moneths prisoner and forced to paie in the end aboue two hundred thousand markes for his ransome partly in present money and partly in pawnes and pledges left for the same And so after foure yeares absence the said King returned 39. But in this tyme of his captiuity his chiefest comforte and refuge was in the assistance of the said Pope Celestinus as may well appeare by the sundry letters of many written vnto the said Pope in his behalfe but especially and aboue others of the afflicted Lady and Queen his mother Eleanor who wrote three large letters vnto him by the pen of Petrus Blesensis Archdeacon then of London that had byn Secretary to her husbaÌd K. Henry the second and she beginneth one saying thus Sanè non multum ab insania differt dolor Sorrow truly doth not much differ from madnes And then Gentes diuulsae populi lacerati prouinciae desolatae in spiritu contrito humiliato supplicant tibi quem constituit Deus super Gentes Regna in omni plenitudine Potestatis These nations heer deuided in their owne bowels by absence of their Prince this people torne and broken in themselues these desolate prouinces doe in a contrite and humbled spirit make supplication to you whom God hath placed ouer Nations and Kingdomes in all fullnesse of power And then againe Moueat te Summe Pontifex etsi non huius peccatricis infalicissimae dolor saltem clamor pauperum compeditorum gemituâ interfectorum sanguis Ecclesiarum spoliatio generalis denique pressura sanctorum Be you moued ô high Priest if not with the sorrow of mee a most vnfortunate sinner yet with the cry of poore men with the groanes of them that are in fetters with the bloud of them that are heere slaine with the spoyling of Churches therof ensuing and with the generall oppression of all holy people And yet further Duo filij mihi supererant ad solatium qui bodie mihi misera damnatae supersunt ad supplicium Rex Richardus tenetur in vinculis Iohannes frater ipsius regnum Captiui depopulatur ferro vastat incendijs Two only children of many remained vnto me for my comforte which now are vnto me most miserable and damned woman become a torment King Richard is held captiue in chaines and Iohn his brother doth spoile by sword and fire the said captiues Kingdomes and dominions 40. This and much more to the same lamentable effect wrote this afflicted mother vnto Pope Celestinus in those dayes requesting him by Ecclesiasticall censures to compell both the Emperour and Duke of Austria to set her sonne the King at liberty And to this effect hath she many vehement speaches exhortations vnto him as for example Nonne Petro Apostolo saith she in eo vobis à Deo omne regnum omnisque potestas regenda committitur Benedictus autem Dominus qui talem potestatem dedit hominibus non Rex non Imperator aut Dux à iugo Vestrae Iurisdictionis eximitur Vbi est ergo Zelus Phinees vbi est authoritas Petri c. were not all Kingdomes and was not all power and gouernment committed by God vnto Peter the Apostle and in him to you Blessed be our Lord that gaue such authority vnto men No King no Emperour no Duke is exempted from the yoke of your Iurisdiction And where is then the Zeale of Phinees where is the authority of Peter c. 41. And againe in another epistle Illud restat vt exeratis in malesicos Pater gladium Petri quem ad hoc constituit Deus super gentes regna Christi crux antecellit Caesaris Aquilas gladius Petri gladio Constantini Apostolica Sedes praeiudicat Imperatoria potestati Vestra Potestas à Deo est an ab hominibus Nonne Deus Deorum locutus est vobis in Petro Apostolo di cens Quodcunque ligaueris super terram erit ligatum in caelis quodcunque solueris super terram erit solutum in caelis Quare ergò tanto temporetam negligenter immò tam crudeliter filium meum soluere defertis aut potius non audetis Sed dicetis hanc potestatem vobis in animabus non in corporibus fuisse commissam Esto Certè sufficit nobis si eorum ligaueritis animas qui filium meum ligatum in carcere tenent Filium meum soluere robis in expedito est dummodo humanum timorem Dei timor euacuet This only remaineth ô Father that you draw forth the sword of Peter against malefactors which sword God hath appointed to be ouer nations and Kingdomes The Crosse of Christ doth excell the Eagles that are in Cesars banners the spirituall sword of ââter is of more power then was the
iudge of such possessions as depend of legitimation we commaund your brotherhoods that leauing the iudgment of the said possessions to the King and his Courts you examine onlie the principall cause concerning the loialtie of the marriage it self and determine the same 43. Heerby then wee see first that M. Attorney alleadging this instance hath alleadged nothing at all against vs or for himself For that when the Earls and Barons refused to change the laws of England concerning inheritance vpon legitimation they said no more then is allowed them by the Canon-law it self as you haue heard And how will M. Attorney inferre of this that K. Henry the third held himself to haue supreme authority ecclesiasticall for that this must be his conclusion out of his instance or els he saith nothing 44. And it shall not be amisse to note by the way how these men doe vse to ouer-lash in their asseueratioÌs to help their feeble cause thereby By the auncient Canons and Decrees of the Church of Rome saith he the issue borne before solemnization of marriage is as lawfull and inheritable marriage following as the issue borne after marriage But this is not sincerely related For the Canon-law as you haue heard putteth diuers restrictions both in the persons to be legitimated and in the ends and effects whervnto they are legitimated as also concerning the Countries Kingdomes wherin they are legitimated Of all which variety of circumstances and considerations M. Attorney saying nothing his intention therin may easily be ghessed at And so much for this matter OF THE LIVES AND RAIGNES OF KING EDVVARD The first and second Father and sonne And what arguments M. Attorney draweth from them towards the prouing of his purpose CHAP. XI HAVING now come downe by orderly descent of seauen hundred yeares more of the raignes of our Christian English Kings shewed them all to haue byn of one and the self same Catholicke Roman religion comforme also in the point of this our controuersie about the acknowledgement and practise of the spirituall power and authoritie of the Sea Apostolicke in England concerning ecclesiasticall affaires And hauing declared the same so largely as you haue heard in three Henries since the Conquest of famous memory and authoritie aboue the rest and the last of them author also and parent of all Statute-law in our Realme we are to examine now in order three Edwardes lineally succeeding the one to the other and all three proceeding from this last named Henry Vnder which Edwardes and their ofspring M. Attorney preteÌdeth more restraint to haue byn made in some points of the Popes externall iurisdiction then vnder former Kings which though it be graunted vpon some such occasions as after shal be shewed yet will you fynd the matter far shorte of that conclusion which he pretendeth to maintayne that hereby they tooke vpon them spirituall soueraingty in causes Ecclesiasticall You shall see it by the triall OF KING EDVVARD THE FIRST VVhich vvas the nynth King after the Conquest §. I. 2. When King Henry the third dyed his eldest sonne Prince Edward was occupied in the wars of the Holy land being then of the age of thirty three yeares who hearing of his Fathers death retourned presently homeward and passing by the Citty of Rome found there newly made Pope Gregory the tenth called before Theobald with whome in tymes past he had familiarly byn acquainted whiles he was Legate for his predecessor Vrbane the fourth in the said warrs of the Holy-land who receaued him with all honour and loue and graunted vnto him saith Stow the tenth of all Ecclesiasticall benefices in England as well temporall as spirituall for one yeare the like to his brother Edmund for an other in recompence of their expences made in the Holy-land Whervpon when the next yeare after the said Gregory called a generall Councell at Lions in France which was the second held in that place of aboue fiue hundred Bishops and a thousand other Prelates King Edward sent also a most honourable embassage thither both of Bishops and Noble-men 3. This King Edward beginning his raigne in the yeare of Christ 1272. continued the same for almost 35. yeares with variable euents For as he was a tall and goodly Prince in person high in stature and thereof surnamed Long-shanke so was he in mynd also no lesse war-like haughty earnest and much giuen to haue his owne will by any meanes whatsoeuer when once he set himself theron though yet when he was in calme out of passion he shewed himself a most religious and pious Prince 4. Of the later may be example among other things his speciall deuotion to the Blessed Virgin mother of our Sauiour which both Mathew VVestminster and VValsingham doe recount from the very beginning of his raigne doe coÌtinue the same throughout his life by occasion of many strange and miraculous ãâã from imminent dangers which himself ascribed to the said dâuotion and to our Blessed Ladies speciall protection Wherevnto may be referred in like maÌner the piety of the said King shewed in diuers other occasions As first of all when in the first yeare of his raigne he voluntarily set forth published and confirmed the Great Charter made by his Father in fauour of the Church saying as in the said Charter is to be read Pro salute animae nostrae animarum antecessorum successorum nostroruus Regum Angliae ad exaltationem Sanctae Ecclesiae emendationem Regni nostri spontanea bona reluntate nostra dedimus concessinius c. We haue giuen and graunted freely of our owne good will this Charter for the health of our soule and of the soules as well of our predecessours as successours Kings of England to the exaltation of holy Church and amendment of our Kidgdome c. 5. And the like piety he shewed in many other occasions in like manner as namely when he being in his iourney with a great army towards Scotland and his wife Q. Eleanor daughter to King Ferdinand the third of Spaine surnamed the Saint a most vertuous religious Lady falling sicke dying neere the borders therof he leauing his course retourned backe with her dead body to London Cunctis diebus vitae suae eam plangebat saith Walsingham Iesum benignum iugis precibus pro ea interpellabat eleemosynarum largitiones Missarum celebrationes pro ea diuersis Regni locis ordinans in perpetuum procurans The King did bewayle this Queenes death all the dayes of his life and did by continual prayers call vpon mercifull Iesus to vse mercy towards her ordeyning great store of almes to be giuen for her as also procuring Masses to be said for her soule in diuers partes of the Kingdome 6. And moreouer in all the places where the said body rested as it came to London he erected great goodly crosses in her memory Vt à transeuntibus saith VValsingham
excluded the Clergy that refused to pay from his protection and from the protection of the lawes whereby they being abandoned and exposed to all iniuryes the most of them fell to composition with the King so bought out and purchased their protection againe more deerer then they might haue continued the same by their contribution 13. And as for the Archbishop of Canterbury that stood constant amongst the rest in that denyall Omnia bona eius saith Mathew of VVestminster mobilia immobilia capta sunt in manu Regis All his goods both moueable vnmoueable were taken into the Kings hands And the same Authour doth recount infinite other intollerable vexations laid vpon them that would not agree to the Kings demaunds in those affaires which were accompanyed with such threates and terrors as the Deane of Paules in London named VVilliam Mont-fort comming one day before the King to speake for his Chanons was so terrifyed as he became mute and fell downe dead before him which yet saith out Author moued little the King but that he persisted in his demaundes And one day sending a knight named Syr George Hauering to the Monastery of VVestminster when all the Monkes were there gathered togeather in their Refectory or dyning-place the said knight proposed in the Kings name that they would graunt him halfe their reuenewes for his warrs and if any wil deny this demaund saith he let him stand vp shew himself that he may be handled as one guilty of breaking the Kings peace Whervpon all yeelded saith Mathew of VVestminster and no man would after with so great daunger contradicte the Kings will And thus much of his violent maÌner of proceeding with the Church and Clergy wherevnto I might adioyne many other things as his dryuing out of the Realme the forsaid Robert Archbishop of Canterbury his Statutes made in the last Parlament at Carleile the same yeare he dyed in preiudice of Holy Churches liberty which were the first that are read to haue bin made in that kind and consequently are thought to haue byn a great cause of all the miseryes and calamityes that fell vpon his posterity as after you shall heare 14. But yet all this doth not proue that King Edward denyed or doubted of the Popes spirituall power or tooke the same vpon himself which is M. Attorneys case and conclusion Nay rather they doe shew and proue his acknowledgement of the said authority if we consider them well though in certayne points that seemed to extend themselues to temporall affaires and might be preiudiciall vnto him he sought to decline and auoyde the execution therof But in things meerely spirituall he neuer shewed difficulty As for example that his Bishops and Archbishops went to Rome to receaue their confirmation and inuestitures there and sometymes were chosen also immediatly from thence as when in the yeare 1278. Robert Kilwarby Archbishop of Canterbury was made Cardinall by Pope Nicholas the third and the Monkes of Canterbury by request of the King had chosen his Chancellour the Pope would not admitt him but appointed an other to witt Iohn Peckam Prouinciall of the Franciscan friers in England who being admitted held the said Archbishopricke for 13. yeres vntill he dyed But as for confirmation and inuestitures no doubt can be made but all was to be had from Rome as expresly you may reade of the admission and consecration of VVilliam Archbishop of Yorke In Romana Curia coÌsecratus saith VValsingam who was consecrated in the Court of Rome in this same yeare of 1278. by Pope Martyn the fourth that succeeded to Nicolas And the same Author affirmeth that the foresaid Iohn Peckam Archbishop of Canterbury being also consecrated in Rome did some two yeares after call a Councell at Reading commaunding all his Suffragan Bishopps to obserue exactly the decrees of the late generall Councell held at Lyons by Pope Gregory the tenth nor did King Edward mislike or repine any thing at this as neither he did at another Councell called by the same Archbishop Peckam in the yeare 1281. wherin he endeauored to force all Abbots and other exempted persons to come to the said Councell but saith Mathew VVestminster the Abbotts of VVestminsters S. Edmonds-Bury S. Albanes and of VValtham appealed from him to the Pope without any mention of the King which had beene iniurious vnto him if he had taken himself to haue had authority and that supreme in Ecclesiasticall affaires 15. Furthermore in the yeare of Christ 1295. being the 22. of King Edwardes raigne when the foresaid Robert VVinchelsey was first chosen Archbishop of Canterbury the sayd King sent him to Rome to be confirmed and consecrated by Pope Celestinus the fifth which soone after gaue ouer the popedome to Bonifacius the eight And three yeares after that againe to wit 1298. the Bishopricke of Ely being voyde and the greater parte of the Monkes hauing chosen the Prior of their Couent for Bishop the other party chose Iohn Langhton the Kings Chancellour who going to Rome by the Kings fauour coÌmendatioÌ to pleade his cause before Pope Boniface could not preuaile nor yet the Prior but that the said Pope gaue the Bishopricke of Ely to the Bishop of Norwich and the Bishopricke of Norwich to the Prior and the Arch-deaconry of Canterbury to the Kings Chancellour 16. Moreouer in the yeare 1305. when Pope Clement the fifth a French-man borne in the Diocese of Burdeaux was made Pope and came into France in person first of all others translating the Sea of Rome to Auinion where it continued seauenty yeares King Edward sent Embassadours vnto him the Bishops of Lichfield and VVorcester togeather with the Earle of Lincolne presenting vnto him Singula vtensiliae saith Mathew of VVestminster quibus ministraretur ei in Camera in mensa omnia ex auro purissimo All necessary plate for the seruice of his chamber and table of most pure gold And at the same time he sent two new Bishops elected for Yorke and London to be confirmed by him Quos dimisit ad propria consâââââtos saith our Authour whome the said Pope Clement sent home againe with their confirmation And finally when not long after the King fell out with the forsaid Archbishop of Canterbury Robert VVinchelsey for that he had shewed himself againe not so forward to follow his will in all things Dictum Robertum Cantuariensem saith VValsingham apud Dominum Papam accusauit Rex Anglia The King of England did accuse the said Robert Archbishop of Canterbury vnto Pope Clement the fifth that he was combyned with his enemyes c. for the which the said Archbishop was cited to appeare before the Pope and suspended from the execution of his office quousque de sibi impositis legitimè se purgaret vntill he should lawfully purge himselfe of the imputations layd against him by the King Whereby we see what authority this King did acknowledge to be in the Pope and Sea of Rome 17.
should incurre the forfaiture of as much as they may forfaite towards the King c. So saith the Statute 21. And now heere I would aske the discreet Reader whether M. Attorney ouerthroweth not himself by alleadging such matters as these are For heere King Henry alloweth manifestly the repaire to Rome of Bishops Archbishops Abbots other Prelates for their induction admittance to their dignityes which he would neuer doe if he had taken himself to haue supreme authority Ecclesiasticall in that behalfe of giuing them spirituall iurisdiction immediately from himself And albeit he doe binde them to pay at Rome no more then the ordinary accustomed paiments for such their admittance therby perhaps to induce the said Courte of Rome to aske no more of them when they should vnderstand that it was forbidden vnto them to pay it yet doth he allow not only their recourse to Rome in such affaires but to make likewise the ordinary payments which were accustomed to be paid in old times past according to the words of the Statute which is sufficient to proue our purpose and ouer-throw M. Attorneys And thus much for the tyme of K. Henry the 4. For as for an other instance alleadged by M. Attorney conteyning a prohibition that Buls for exemption of tythes from Parish Churches should not be put in execution for that the effect therof is repeated againe in the next obiection out of the raigne of K. Henry the fifth one answere shall serue for them both Out of the raigne of K. Henry the fifth that was the fourtenth King after the Conquest §. II. The Attorney In an act of Parlament made in the third yeare of K. Henry the 5. it is declared that wheras in the time of K. Henry the 4. Father to the said King in the 7. yeare of his raigne to eschew many discordes debates and diuerse other mischeifes which were likely to arise and happen by cause of many prouisions then made or to be made by the Pope and also of licence therevpon graunted by the said late King amongst other things it was ordained and established that no such licence or pardon so graunted should be auailable to any benefice full of any incumbent at the day of the date of such licence or pardon graunted Neuerthelesse diuers persons hauing prouisions of the Pope of diuers âânâfices in England and elswhere and licences royall to execute the same prouisions haue by colour of the same prouisions licences and acceptations of the said benefices subtily excluded diuers persons of their benefices in which they had byn incumbents by a longe season of the collation of the very patrons spirituall to them duely made to their intent to the finall destruction and eneruation of the states of the same incumbents The King willing to auoid such mischeifes hath ordained and established that al the incumbents of euery benefice of holy Church of the patronage collation or presentation of spirituall patrons might quietly and peaceably enioy their said benefices without being inquieted molested or any wayes greiued by any colour of such prouisions licences and acceptations And that all the licences and pardons vpon and by such prouisions made in any manner should be voide and of no valour And if any feele himself greiued molested or inquieted in any wise from thenceforth by any by colour of such prouisions licences pardons or acceptations that the same molestors greiuers or inquieters euery of them haue and incurre the paines punishments contained in the Statutes of Prouisors before that tyme made as by the said Act appeareth The Catholicke Deuine 22. This Statute maketh as little for M. Attorneys purpose of supreme authoritie spirituall as anie of the former and I haue set it downe at large to the end you maie see what smal store of stuffe he hath to furnish his booke when he filleth paper with such impertinencyes for that the whole subiect of this Statute tendeth onlie to the reforme of certaine abuses in some quarreling and troublesome people who meaning to molest others that were in quiet possession of their benefices went to Rome and there framing manie complaints calumniatioÌs and accusations against them and against the lawfullnes of their hauing those benefices and pretending that the due collation thereof appertained to the Sea Apostolicke for diuers respects demaunded onlie that the same Sea would giue her right vnto them and so got out prouisions oftentimes to that effect which prouisions it seemeth by the words of this statute that K. Henry the 4. was content they should runne and gaue royall licences for the same and that the title should be tried not withstaÌding the prohibitions of such prouisions made vnder K. Edward and King Richard as you haue heard and all this maketh against M. Attorney But now K. Henry the 5. being informed of the inconueniences that ensued therof and that diuers incumbents were therby excluded of their benefices and the patrons spirituall of their presentatioÌs ordained that for the time to come no such incumbents or patrons should bee disquieted or molested by colour of such prouisions from the Pope of benefices that are not actually voide or by vertue of licences from the King for prosecuting the same This is the Statute and you see how little helpe M. Attorney getteth by it But let vs see another instance out of this Kings raigne as wisely alleadged as the former The Attorney A Statute was made for extirpation of heresie and Lollardy wherby full power and authoritie was giuen to the Iustices of peace and Iustices of assise to inquire of those that hold errors heresies or Lollardy and of their maintainers c. And that the Sheriffe or other officer c. maie arrest and apprehend them Infoelix lolium steriles dominantur auena Virgil. Et careant lolijs oculos vitiantibus agri Ouid. The King by coÌsent of Parlament giueth power to Ordinaries to inquire of the foundation erection and gouernance of Hospitals other then such as be of the Kings foundation and thervpon to make correction and reformation according to the Ecclesiasticall law The Catholicke Diuine 23. If M. Attorneys store-howse of arguments were not extreme poore emptie he would neuer alleadge such matter as this is for demonstratiue proofes which before he promised vs in his Preface For out of the later example that Ordinaries are appointed to inquire of the foundation execution and gouernment of Hospitals what can be deduced for M. Attorneys purpose or against vs For so much as the foundation erection and gouernment of Hospitals were for the most part meere temporall things except some priuiledges graunted vnto them by the Sea Apostolicke 24. And that in the former example Iustices of peace and assise were commaunded by the King to inquire after Lollards VVickcliffians and such other hereticks it was to apprehend and imprison their persons and not to iudge of their heresies which belonged to their Bishops and Ordinaries
all appeals in causes Ecclesiasticall to the Court of Rome reducing all spirituall authority of determining the same vnto the body spirituall of the English Clergy for so the words of the statute are The body spirituall of the English Church saith he hauing power when any cause of the law diuine happened to come in question or of spirituall learning c. to declare and determine all such doubts to administer al such offices duties as to their roomes spiritual did appertaine without the intermedling of any exteriour person or persons c. Wherby it appeareth that by this Statute he reduceth all spirituall power to a certaine community of the Ecclesiasticall body of England but in the second Statute that followed in the yeare after against suing for licences dispensations facultyes graunts rescripts or delegacyes to Rome he seemeth to establish all authority in the Archbishop of Canterbury that was then Thomas Cranmer newly made by himself for allowing of his marriage with Lady Anne Bullen for so he saith in the statute That the Archbishop of Canterbury for the tyme being and his successours shall haue power and authority from tyme to tyme by their discretions to giue graunt and dispose by an instrument vnder the seale of the said Archbishop vnto the King and vnto his heirs successours Kings of this Realme as well all maÌner of such licences dispensations compositions facultyes graunts rescrips delegacyes instruments and other writings for causes not being contrary or repugnant to the holy scriptures and lawes of God as heertofore had byn vsed and accustomed to be had and obtained by the King or any his most noble progenitors or any of his or their subiects at the Sea of Rome or any person or persons by authority of the same c. 12. Lo heer King Henry giueth authority to the Archbishop of Canterbury to giue vnto him to wit to King Henry himself and his successors Kings of England and their subiects all dispensations which they were wont to ââke and obtaine at the Popes hand so as heer he acknowledgeth that in former times that authority belonged to the Pope and that his auncestors and progenitors were of that opinion but that now he being offended with him he would take it from him and bestow it vpon the Archbishop of Canterbury subiecting himself and his inheritours to aske and obtaine the said dispensations at his hands and his successours which was as you see to make Archbishop Cranmer Pope and not himself for this yeare as the whole body of the English Clergy was for the yeare past 13. And wheras it is euident that King Henry gaue this authority to Cranmer for dispensing c. to the end he should dispense with him for marrying of the said Lady Anne Bullen it seemeth strange that he would vse this so ridiculous circuyt as first to giue authority by Parlament to Cranmer to be able to dispense with him to wit with King Henry the giuer and would not take immediatly either by himself or by Parlament authority to himself to dispense with himself But it is well seen that he had some remorse or shame-fastnes therin at the first beginning though the very next yeare after he amended the matter or rather made it worse by assuming it to himself For calling another Parlament vpon the 26. of his raigne he made the first Statute of all with this Title An act concerning the Kings Highnes to be Supreme head of the Church of England and to haue authority to reforme and redresse all errors heresies and abuses in the same Wherby you may see what gradation was vsed in this matter or rather mistery giuing this power first to the Community of the English Clergy secondly to the Archbishop of Canterbury and thirdly to himself and all this in three distinct yeares immediately following one the other 14. And now if mens euerlasting saluation must depend vpon these mutations of spirituall iurisdiction as no doubt they did in thousands of our Countrey at that tyme and if the eternall wisdome of our Sauiour Christ hath left no more certainty for direction of our soules by spirituall gouernement and authority then this of our English Parlament which changeth so often and easely as you haue heard vpon euery Princes particuler inclination then are we doubtlesse in a pittifull plight for that as hath byn declared before of the certainty of this spirituall power for binding or loosing of our sinnes for SacrameÌts instructions directions and all other spirituall helps and assistance in this life dependeth the surety of our euerlasting saluation or damnation in the life to come 15. But to goe forward a little further in this matter now we haue King Henry head of the Church and M. Attorney no doubt is glad therof for helping of his cause though it help it but little or nothing at all it being the first example that euer could be giuen therof in England or elswhere throughout the Christian world and so much the more to be misliked if we beleiue Iohn Caluin in his sharp reproofe of this attempt which he calleth Tyrannicall Anti-Christian But M. Attorney perhaps will not care for Caluin or Beza or any of their followers in this point for that it maketh not to his purpose Well then he must notwithstanding graunt this in all reason that if this supreme authoritie spirituall was wel and rightly and by gods direction spirit and allowance taken vpon himself by King Henry then is it likely that he was guided also by the same spirit afterward in making his decrees laws and ordinances for directing and gouerning the English Church by that authority and especially for reforming and redressing of all errors heresies and abuses therin according to the speciall title of his said authority before set down wherof it followeth that when vpon the 31. yeare of his raigne which was fiue after the said authoritie giuen him hee calling a Parlament determined six mayne and principall articles of protestant religion to bee heresies to witt The deniall of the reall presence of the communion vnder one kind only That Priests may marrie That vowes of chastitie may bee broken That priuate masses are not lawfull That sacramentall or auricular confession is not necessarie appointing them that should hould any of these heresies so coÌdeÌned by him to be burned as notorious hereticks it followeth I say that this was decreed by him out of the same spirit and direction of god for that otherwise his Ecclesiasticall supremacy had byn to small purpose if there were no certainty in his determinations or that God would permit him to erre so grosly in so importaÌt a busines as this was for the whole Church of England so soone after he had ginen him his said supreme authoritie Ecclesiasticall 16. And that this was done by him against the Protestants with great deliberation consultation aduise maturity in the fullnes of his power Ecclesiasticall appeareth
VValsingham alleadgeth this confirmation of the said priuiledge in his time Quod nullus Clericus sit arrei ratuâ coram Iustitiarijs suis siue ad sectam suam siue partes si Clericus suae Clerimoniae se submittat dicens se membrum Ecclesiae Sanctae non debere ipsis Iustitiarijs respoÌdere That no Clerk maie bee arraygned before the Kings Iustices at the suite of the said King or of anie other party yf the said Clerk doe submitt himself to his Clergie affirming that hee being a member of holy Church ought not to answere to the said Iustices So VValsingham And this shall bee sufficient to meete with the assertion of M. Attorney to the contrary and herewith shall we end our speach of King Henry the eight Of King Edvvard the sixt the one and twentith King after the Conquest §. III. 26. This younge Prince being but a child of 9. yeares old when his father King Henry died as often hath been said was by his Tutors and Gouernours especially his Vncle Earle of Hartford after made Duke of Somerset and some others that followed his appetite in the desire of innouation about matters of religion declared Head of the Church vnder the same stile as his father had been before and by that headship and pretence therof they took to theÌselues authoritie to make that change which after ensued partly to the opinions of Luther partly of Zuinglius for Caluin was not yet so famous or forward in credit for some years after and to ouerthrow and alter in effect all that King Henry by his headship had ordained and established before concerning religion as may appeare by the seuerall and particular repeals of the most parte of all his Statutes touching that affaire except only this of his departure from the Pope and obedience of the Sea Apostolicke 27. But yet one principall declaration and important constitution they added in this matter as before hath been touched aboue that of King Henry according to the saying facile est inuentis addere and this is that whereas the Father K. Henry taking from the Pope his accustomed iurisdiction Ecclesiasticall did transferre it vnto his Clergie of England and afterward declaring himself Spirituall head of that Clergie did consequentlie inferre he was head of the English Church also in spirituall matters yet did he not explaine from what origen properly this spirituall power did flow which point the said Gouernours of the child-child-King Edward did interprete and decide child- shewing that all spirituall iurisdiction power and authority ouer soules by loosing or binding of sinnes or other spirituall actions in Bishops Prelates and Priests proceeded and was deriued from this young child who yet notwithstanding as ech man may consider was not of yeares to haue perfect vse of reason for disposing so much as temporall matters and how much lesse in spirituall For so affirmeth plainly S. Paul to the Galathians Quanto tempore haeres parâulus est nihil differt à seruo cum sit Dominus omnium sed sub tutoribus actoribus est vsque ad praefinitum tempus à Patre All the time that the heire is young or vnder age though he be Lord of all by inheritance yet doth he differ nothing from a seruant or bound-man in subiection but is vnder Tutors and Administrators vntill the tyme of his age appointed by his Father So the Apostle 28. And if then this young King had not yet authority as of himself to dispose of any temporall affaires which are of much lesse moment we may easily consider what may be thought of spirituall and Ecclesiasticall that require more the vse of reason and iudgement for exercising of iurisdiction therin then doth the other But you will say perhaps that the same Tutors and Administrators that gouerned him in secular Ciuill affaires might take vpon them also iurisdiction in the spirituall likewise and so the Duke of Somerset for example with his assistants might be secondary or Vicar-heads of the Church of England vnder him for the tyme to absolue or bind sinnes determine of heresies dispose of Sacraments and the like 29. But to this âs easily answered according to the principles set downe in the secoÌd Chapter of this booke that for so much as all temporall power is giuen first of all by God in the law of Nature vnto the people or multitude who thereby haue authority to transferre the same to what manner of gouernement they like either Monarchie or other it followeth also that the Common-wealth that had authority to choose or appoint the state of Kings to raigne ouer them had and hath power to giue sufficient authority in like manner to Tutors and Administrators to gouerne the said Common-wealth in temporall affaires during the tyme of their Kings minority or non-age But that the origen of spirituall power comming not by this way of the people nor being giuen to them at all but immediatly by Christ our Sauiour to his Apostles and their Successours Bishops and Prelates by lawfull Ordination and Succession of Priesthood and imposition of hands to the end of the world no temporall Tutors or Administrators could rightly get into this authority except they were first made Priests and this also by Caluins opinion and assertion as well as ours as before hath byn declared 30. By this then wee see how and by what assurance this headship of the Church and supreme Ecclesiasticall authoritie therof passed from the Father to the sonne which was such as it liked not M. Attorney to alleadge anie one Statute of this mans time against vs though all in deed were made against vs and against the said Father as maie bee easily imagined considering the Current of that time And the very first of all was in fauour of Luthers opinioÌ about the Reall presence which afterward they changed into that of Zwinglius They changed also twyce their Communion booke and forme of seruice and Sacraments first vpon the second and third yeares of King Edwards raigne and secondly vpon the 5. and 6. as appeareth in the particular Statutes of those yeares They repealed a great number of K. Henries Statutes as by name concerning treasons and heresies They repealed his famous Statute for PrecoÌtracts in marriages as also dissolued diuers of his Courts that he had set vp And finally they respected nothing the said King Henries headship nor his prescription or direction therin but followâd their owne for the time that their power endured And yet all was published vnder the name of the Ghospell and New reformation established by negociation in Parlament as though the matter had proceeded from very sound and founded Ecclesiasticall authoritie And this for that time wherof M. Attorney alleadging no one example against vs I haue no further need to enlarge my self Of the raigne of Queene Mary the two and twentith Princesse after the Conquest §. IIII. 31. As M. Attorney doth preâermitt
the memorie of Queen Marâe without mentioning her at all so could I haue done also but that my purpose is to passe through the raignes of all our Princes without ouerpassing of anie And it maie serue also to our purpose to consider therby the broken and interrupted succession of this new headshipp in the Father sonne and daughters For as the Father by his Act had contradicted all his auncestors Kings of England before him from the beginning of their Conuersion vnto his daies so his sonne though succeeding him in the participation of that act yet contradicted him in all the rest that hee decreed touching matters of religion by vertue of that headshipp after him then came th' elder daughter who coÌtradicted them both and restored all to the auncient state againe wherin it had coÌtinued throughout the race of al her auncestors progenitors of England and Spaine for a thousand yeares and more So as heer M. Attorneys prescription can bee verie small for so much as his whole thrid therof was broken and cut of by Q. Marie and consequently he must begin againe with Q. Elizabeths raigne as the fountaine of all his deduction 32. And for so much as Queen Marie hauing as a deuout obedient and Catholicke Princesse returned al things belonging to religion to their auncient state and coÌdition wherin her Father found them and her Grand-father left them shee repealed and mortified all such Statutes of innouations and new deuises as shee found to haue been made vpoÌ anie occasion or fansie what soeuer during the time of her said Father and brother reducing her self in obsequium fidei to the humble obedience of that only faith which had been held and practised in Christs vniuersall Church and namely also in England from the beginning vnto her said Fathers daies punishing likewise diuers of the heads and authors of those new innouations and alterations that had been made and mamely and aboue others the chiefe author and instrument of all Thomas Cranmer Archbishop of Canterburie who entring Catholikly as was thought into that dignity was the first Archbishop that euer failed or dissented in his faith froÌ the rest or from the obedience and subordination to the Sea Apostolicke and so by gods iudgmeÌt came to bee a stange example of a miserable end to bee burned publikly for his heresies and for that in particular against which his noble and learned predecessours Lanfrancus Anselmus and other Archbishops of Canterburie had foughten most famously aboue other learned men when it first sprang vp in Berengarius the first author and inuentor therof in the daies of VVilliam the Conquerour I meane the deniall of the Reall presence in the blessed Sacrament which of all other heresies was most hatefull vnto him for whose sake Cranmer first of all declined to schisme and heresie I meane King Henry the eight yea and to himself also for a tyme after the others death as may appeare by the foresaid first Statute made cheifly by his authority in the first yeare of King Edwards raigne in fauour of the said Reall presence against the Sacramentaryes 33. All which being so euery man may behold what ground or certainty there was in those dayes or is now for men to leave the Catholicke knowne religion and cast the saluation of their soules vpon such alterations as these were For that after Queen Mary who had restored all to the auncient state as hath byn said came her younger sister Queen Elizabeth a Lady of some fiue and twenty yeares of age who by little and little altered all againe agreeing in all points neither with the one nor with the other neither with them that had made the former alterations but brought in a new and distinct forme and fashion of beleiuing worshipping God peculiar to it self in diuers points and differing from all in some Of which innouation by the said younger sister against the elder they being the only two Queens that euer haue raigned in their owne right within our land since the beginning of Christianity we shall now passe to speake a few words and so end this whole discourse of our English Princes and their religion Of the raigne of Queen Elizabeth who was the three and twentith Princesse after the Conquest and last of King Henryes race §. v. 34. This Lady being the daughter of King Henry and Queene Anne Bullen comming to raigne after the foresaid Queen Mary her sister was persuaded to resume and take to her self that supreme spirituall power and iurisdiction which Queen Mary her elder sister had refused and caused to be restored to the place and persons from whom it was taken by her Father and brother And I say she was persuaded therevnto for that it is the opinion of many men that knew her and conuersed with her both before and after her entrance to the Crowne that she had neither great desire to take it at the beginning nor opinion that she might doe it but only that she was told it was necessary to her present state at that time in regard of diuers Popes sentences past against her legitimation the lawfullnes of her Parents marriage and the pretense of the Queen of France and Scotland at that tyme vpon ãâã supposed desect to the Crowne of England as due to her ââough the others illegitimation 35. For remedy of all which it was made a matter necessary that she should take the said authority Ecclesiasticall from the Pope and Sea of Rome and place it in her self especially when by negociation of some that desired the change it was brought about that the ParlameÌt should offer it vnto her vnder this plausiââ Title of An Act for restoring to the Crowne the ancient iurisdictioÌ of the ãâã Ecclesiasticall and spirituall and the act it self so cunningly and âââertly penned as before hath byn said as throughout the same ââre is not found so much as once mentioned or named The head of the Church which euery-where is iterated vrged in the Statutes that gaue the same power to her Father and brother but in steed therof commeth in the deuise before mentioned of Supreme Gouernesse with authority to visit reforme correct errors heresies cââses c. And al this for sweetning the matter as a man may say to this Lady at the beginning who besides the other reason of Caluins mislike reprehension therof before mentioned in King Henry the eight had little opinion or appetite of the matter in those dayes not being ignorant for that she was of excellent wit how strange a thing it would seeme in the world to haue one of her sex Supreme in sacred and Ecclesiasticall matters iâ ijt âua sunt ad Deum to vse S. Pauls words in this case that is to say in those things that are to be handled with God for men or between God and man 36. But being tolde by some in good sadnes at that time and M. Attorney offereth to stand to it
other place De torrente in via bibit propterea exaltauit caput and infinite other throughout all the nevv and old testament spoken literallie of Christ and yet by allusion applied to good men as the ancient Fathers doe testifie in their vvorkes applying to the members oftentimes that vvhich belongeth principallie to the head so as herein M. Attorneyes haires needed not to stand vpon end nor trouble themselues or their maister neither vvas it nedefull that M. Attorney should praie for M Garnet to repent himself of this blasphemie vvhich vvas none at all before he dyed God graunt Syr Edward Cooke be in state to make so cleere and easy an accompt at his departure from this vvorld as the other vvas vvhich hardlie maie be hoped considering their great difference of life functions except God vvorke a miracle or that solifidian iustification doe enter for smoothing of all vvhich maketh all men equall and equallie saincts 42. But to dravve to an end one of your last triumphant speeches touching all Iesuits vvas that they vvere Doctors of foure different doctrines the one of dissimulation the second of deposing Princes the third of disposing of Kingdomes the last of deterring Princes with feare of excommunications and of all foure you discoursed vvith great resolution and peremptorie determination vvel assuring your self that none in that place should haue meanes to ansvvere you though there vvanted not manie vvho out of their discretions did note vvhere and hovv you might haue byn ansvvered vvith no small aduantage as perhaps you may be hereafter more at large vpon some other occasion 43. Novv onlie I thought good to put you in mind that these and other your discourses founded commonlie vpon diuisions and little concerning the prisoner or matter in hand vvere noted and borne avvaie and this among the rest vvas obserued that you vvere more fertile in setting dovvne diuisions then fruitfull aftervvard in prosecuting the same yet in the last parte of this four-fold partition about terrifying Princes with excommunications you flovving novv vvith full sea tovvardes the end of your accusations men saie that you insulted greatlie ouer Catholicke religion brought forth a booke of your ovvne compyling to vvit your Reportes pretending to shevv out of the same that our English Kings in former ages were nothing afrighted with the idle menaces of Papall excommunications that one was condemned of high treason for bringing in a Bull against a subiect without the Kings licence that the King was neuer reputed subiect to any Pope in Ecclesiasticall matters but that himself was absolute how the Popes Legates were often times stayed at Calles vntill the King had giuen them licence to come into England vvith manie other such points partlie true partlie false partlie impertinent to the matter partlie prouing de facto and not de iure partlie misalleadged partly miscoÌstred but altogeather misapplyed to the disgrace of that religion for vvhose seruice al your lavves in those times ages vvere instituted and honoured yet you protested in that vaunting vaine of yours that you were exceeding glad to see your moderne religion in this point so agreable to the ancient lawes of the Realme which lawes quoth you if they were exactly looked into would restraine our Romish Catholickes for growing any further as you hoped they would be 44. But Sir hovv little ground of truth or substance all this hath in it hovv contrary effectes the devv coÌsideration of our English lavves may must needes vvorke in the mindes of al discreet men tovvardes the setling of a stable iudgement and firme persuasion in fauour of Catholicke religion in that the said lavves proceeded al from Catholicke Princes though alvvaies I except such as doe frame their iudgement to the current of the present time doe subordinate their vnderstanding to their vvealth and honours this I saie shal aftervvardes be so euidentlie declared in this Answere of ours throughout the vvhole booke as no maÌ I suppose vvith any indiffereÌcy or probability of reasoÌ shal be able to deny or coÌtradict the same 45. And in particular the Reader shall see refuted the seuerall members by you heere set dovvne as namelie hovv great and harty reuerence and respect our Catholicke Kings did euer beare vnto Ecclesiasticall Censures not onlie of the Pope as supreme but of their ovvne home-Bishopps also and that no King in all that ranke for almost a thousand yeares did euer hold himself absolute in Ecclesiasticall povver vntill King Henry the eight and that it cannot be true vvhich heere elsvvhere you so much bragg of bring forth vpon euery occasion as the archer that had but one arrovv in his quiuer that vvould fly hovv that in the raigne of King Edward the first it was treason by the common-law for a subiect to bring in and publish a Bull from Rome against a subiect without the Kings licence vvhich is your first obiection in that Kings life and ansvvered by me after in the eleuenth Chapter of this booke 46. And as for the obiection of the Popes Legats or Nuntij detained somtimes by the Kings order at Calles from entering the Realme vntill some difference betvvene Popes and Kings vvere accorded though it be so vveake a thing as deserueth no ansvvere yet haue I ansvvered the same vpon diuers occasions and shevved amongst other that by this argument if it vvere good King Philip and Queene Mary might be said not to haue acknovvledged the Pope his spirituall authoritie for that they deteined in Calles the messenger of Paulus Quartus vvhen he brought the Cardinalls hat and Legacy of England for Friar Peto in preiudice of Cardinall Poole vvhich the said Princes vvould not suffer to be put in execution vntill they had better informed the said Pope vpon vvhich information their intercession the controuersie ceased 47. Much other matter I doe vvillinglie pretermit M. Attorney vvhich you vttered that daie in contempt derogation of that religion vvherby all your progenitors yea all the Peeres and Princes of our Realme in precedent ages thought themselues both happie and honourable and if they had imagined that in future times an Attorney vvould haue stept vp to raile and reuile that religion calling it rotten and contemptible them all blind and deceaued people vvhat an opinion thinke you vvould they haue fore-stallen of you and hovv base and odious a conceit vvould they haue preconceaued against you especiallie if they had seene you as others did that stood neere so caried avvaie vvith hereticall humour as to vvander and range and runne from your matter in your pleading to seeke occasion of insolent tauntes against them in such sort as your vvhole subiect by your ovvne confession being of treason the most of your inuectiue speach vvas against their religion 48. For vvhich cause I thought my self bound to saie somevvhat in this behalfe principallie to that vvhich is proper to the argument of your late booke of Reportes heere
Church and such as had cheife spirituall authoritie therin from time to time of whome Christ meant when he said Dic Ecclesiae denounce it to the Church and againe If he heare not the Church let him be to thee as a heathen or publican so in like manner must we say in these daies nor haue we any other reasonable answere why we beleeue any one booke of the new or old Testament to be scripture that is to saie to containe doctrine of the holie ghost and not of man but for that the gouernours of our Church which haue spirituall power among vs doe tell vs so 4. Yea all Sectaries likewise of what sorte or sect soeuer are forced to follow the same rule for that whatsoeuer they admit to be scripture they admit the same either vpon the credit of our Church and gouernours therof or of their owne or of both but especially indeed of their owne which is seen by their doubting or reiecting of any parcels of scripture doubted of or reiected by their owne leaders though admitted by ours As for example the booke of vvisedome of Toby Iudith Ecclesiasticus the first and second of Machabees and other parcels of the old Testament reiected by Luther and Lutherans as also the Epistle of S. Iames the second and third of S. Peter the Apocalips and other peeces of the new testament which our Church admitteth simply But Caluin and Caluinists though expreslie they reiect them not with the Lutherans as appeareth by our English Church where they are left to stand in the Bible yet is their admission so could and conditionall as it may rather seeme a curteous dimission then any way a faithfull or confident acceptation 5. And the same may be said of any other particular point or points of doctrine of any Religion or sect whatsoeuer the leaders or gouernours that are presumed to haue cheife authoritie must iudge and discerne distinguish expound and determine what is to be beleued or not what is to be held and taught or reiected and finallie what is to be done and practised what Sacraments what Ceremonies what Customes are to be vsed hovv where and when And last of all this second part of power and authoritie rule order gouerment and iurisdiction is that which giueth light direction and life to euerie religion And for so much as there can be but one true that can bring vs to saluation it followeth that whersoeuer this true spirituall power and iurisdiction is found there is the onlie true religion also which a man may securelie follow yea that vnder paine of eternall damnation he is bound to follow for that this authoritie will lead him to life euerlasting Christ hauing giuen the keies of heauen thervnto that is to say full power to shut and open heauen by binding or loosing sinnes vpon earth and that in such sort saith S. Chrysostome and all other ancient Fathers with him that the Courte or Tribunall of heauen standeth expecting vvhat is done vpon earth to confirme the same there for so much as euer since this admirable vniuersall and dreadfull authoritie was giuen say they by Christ vpon earth vnto the Gouernours of his Church nothing is done in that Court of heauen but by presidence and predetermination of that which is done or sentenced in the Tribunall of the militant Church on earth that is to say he that is here absolued is absolued there he that is here condemned is condemned there without remission VVherof also the said Fathers do inferre that to find out this authoritie and to follow the same and the direction therof is the only sure way to saluation And that the erring herin either wilfully or of ignorance is the most certaine path to damnation for that by no other ordinary means since this Commission giuen and authoritie instituted among Christians is any grace fauour pardon light direction or other spirituall benefit to be receiued from God but by way of this subordination of spirituall authoritie appointed in his Church 6. VVherfore al hope of life depeÌding as you see of this soueraigne point so as whosoeuer erreth in this erreth in al ech man wil easilie coÌsider how much it importeth him to looke well thervnto and to stand attentiue and vigilant in the discussion therof to see whence and how and by what means and from what sourge and fountaine this authoritie and spirituall Iurisdiction is deriued In which point the three professors of different religions before mentioned doe principally differ and distinguish themselues The ProtestaÌt deducing this spiritual power from the temporall Prince or rather Princesse vnder Q. Elizabeth The Puritane from the people The Catholicke from the succession of Bishops from Christs time downe wards and especially from the highest which they hold to be S. Peter and his successours And which part soeuer of these three hitteth right goeth happely securelie the other two doe run to euerlasting perditioÌ 7. The Protestant for his ground hath those sayings of scripture That all orderly authoritie is from God That vve must giue to Cesar that vvhich is Cesars That Princes are to be honoured and obeyed for God and Kings as highest in dignitie and that he vvhich resisteth lavvfull authoritie resisteth Gods ordination and therby incurreth damnation c. All which the other two parties granting doe affirme to haue byn vnderstood of temporall authoritie only for gouerning the Commonwealth and not of spirituall for gouerning of soules which they proue for that all Kings and Princes were then infidels and especially the Roman Emperours of whom this was principally meant who by these places of scriptures cannot be said to haue receiued Commission to gouerne the Christian Church which was in their times and vnder their dominions but onlie in temporall matters and Ciuill affaires And that the spirituall power and iurisdiction wherof we talke was at that time in another sorte of men to wit in the Apostles and their successours which were Bishops according to the testimonie of S. Paul in the Acts of the Apostles speaking vnto them and saying The holie Ghost hath placed you Bishops to gouerne his Church vvhich he hath purchased vvith his ovvne bloud 8. The Puritanes or rigid Caluinists haue for their ground certaine elections made by the people and recorded as well in the Acts of the Apostles as in other histories of the Primitiue Church as for example when they chose two in the place of Iudas to wit Ioseph and Matthias to bee determined by lot which of them should be And when afterward they chose S. Stephen six others to supply the place of Deacons many times afterward in the primitiue Church we read that the people did choose or name their Bishops But to this the other two parties doe answere that in the first two examples out of the Acts of the Apostles it is euident by the Text that those elections or nominations
word or two concerning the Title whose inscription is Reports of diuers Resolutions and Iudgements giuen vpon great deliberation in matters of great Importance and Consequence by the Reuerend Iudges Sages of the law togeather with the Reasons Causes âf their Resolutions and Iudgments published c. By which words of âreat Deliberation great Importance and Consequence Reuerend Sages the like M. Attorney like a studious Rhetorician procureth to purchase credit and estimation to this his worke of Reports Alâeit I be confident to the contrary that vpon the ensuing search âhese Reports directed by hym to the impugning of Catholike reââgion being only bare and naked Reports indeed without profe or reason alleaged at all will neither proue so graue Resolutions âudgemeÌts nor to haue byn giuen alwayes vpoÌ so great deliberation âor of so great importance Consequence as he pretendeth and that when the reasons and causes therof shall bee examined they âill rather ouerthrow than establish his principal conclusion wherin I remitt my self to the euent â There followeth the same title to knitt vp the page this pleaââng sentence of Cicero in his Tusculane questions Quid enim laeâro nisi vt veritas in omni quaestione explicetur verum dicentibus facilè ceââm What doe I endeuour but that the truth should be laied open in euery question with resolution to yeld to them that shall speake the truth This sentence I say giueth mee great comforte yf M. Attorney will doe as he insinuateth and follow the indifferencie of his Author alleaged who in the matters he handled which were of philosophye is knowne to haue byn so equall as he was not well resolued what part to take Yet doe I not exact so much equality in this our controuersie of diuinitie presuming my aduersary to be preoccupated with the preiudice of one parte but shall rest well satisfied with his desire to haue the truth examined in euery point and much more with his readines to yeeld vnto her whersoeuer she shall be founde 3. And with this I shall passe to his Preface notinge only one point or two more by the way wherof I shall haue occasion to speake againe afterward The first is that wheras this booke of Reports is set forth with two distinct Columnes in euery page the one in Latin the other in English the Title or superscription of the one runneth thus De iure Regis Ecclesiastico The other hath this interpretation Of the Kings Ecclesiasticall law As though the word Ius which signifieth Right were alwayes well translated by the word Law Wherof afterward he seeketh to make his aduantage But the error or fraude is euident for that the word Ius hath a much larger signification then Lex which may be proued as well out of auncient Lawyers as Deuines For that Paulus Iurisconsultuâ doth affirme the word Ius to be extended ad omne quod quouis modo bonum aequum est to whatsoeuer is any waye good or right And then in another signification the same Paulus doth say that it signifieth Sententiam iudicis The sentence of the Iudge And in another signification Vlpian and Celsus two auncient Lawyers take it for the science skill of law And Aristotle in his Ethicks pro omni eo quod est legitimum for all that which is any way lawfull And so S. Thomas and other School-deuines doe affirme Ius to be obiectum Iustitiae the obiect of Iustice that is to say about which all iustice is exercised And finaly Isidorus sayth Lex est species Iuris Law is a braunch or kind of right and consequently M. Attorney doth not so properly throughout his whole booke interprete Ius by the word Law which I would not haue noted so largly but that he being so great a lawyer had obligation to speake more exactly though noe man deny but that Ius and Lex may sometimes be taken for the same but not euer nor properly in this case For that the question is not nor was not of Q. Elizabeths Ecclesiasticall lawes but of the right shee had to make such lawes 4. The second point worth the noting is that wheras both the title and subiect of all this booke is of the Kings Ecclesiasticall law M. Attorney in the whole Course therof from the begining of our Christian Kings vnto K. Henry the eight who were aboue an hundered twenty in number neuer citeth so much as one Ecclesiasticall law made by anie of them For that they being Catholikes made not but receiued Ecclesiasticall lawes from such as had authoritie to make them in the Catholique Church And such later Statutes Decrees and Ordinances as were made by some later Kings from K. Edward the first downward for restraint of some execution of the Popes ecclesiasticall power in certaine externall points were not made by them as ecclesiasticall but as temporall laws in respect of the common wealth for auoiding certaine pretended hurtes and incommodities therof And M. Attorney is driuen to such pouerty straights in this case as not being able to alleadge anie one instance to the contrary out of all the foresaid ages hee runneth euery where to this shift that the Popes Ecclesiasticall and Canon laws being admitted in England mây bee called the Kings ecclesiasticall laws for that they are admitted and allowed by him and his realme In which sense the Euangelicall law may bee called also the Kings law for that he admitteth the Bible But of this wee shall haue occasioÌ to speake more often afterward For that M. Attorney doth often run to this refuge Now then to the Preface in his owne words The Attorney to the Reader It is truly saide good Reader that Error Ignorance being her inseparable twynne doth in her proceeding so infinitely multiplie herselfe produceth such monstrous and strange chimeraes floateth in such and so many incertainties and sucketh downe such poison from the contagious breath of Ignorance as all such into whom shee infuseth any of her poisoned breath shee dangerously infects or intoxicates and that which is wonderfull before shee can come to any end she bringeth all things if shee be not preuented by confusion to a miserable and vntimely end Naturalia veâé artificialia sunt finita Nulius terminus false Error immensus The Catholik Deuine 5. To this so vehement accusation of Error and Ignorance I could 10. Moreouer our Deuines doe handle this matter of Ignorance so exactly in al their writings as by treating of Ignorance they proue themselues not ignorant but most learned For first defininge IgnoraÌce in generall to be want or lake of knowledge they distinguish the same into two sortes The one Negatiue the other Priuatiue And as for the Negatiue which importeth only a simple pure want of science it is not reprehensible of it self for that it might be in man euen before his fall in the state of innocency is now in
though more fitlie the same might haue byn shewed out of many Christian authors of more authoritie that this heathen Yet let M. Attorney ioyne issue with me vpon antiquitie in this our controuersie which he ought to doe as well in regard of this sentence as also for that euery where he iterateth the name and sound of the ancient and most ancient Common-lawes of England and then will the matter be quicklie decided as the proofe will afterward declare whervnto I remit me and doe end my answere to M. Attorneys Preface returning him his freindlie Farewell as also to the Reader OF THE STATE OF THE QVESTION IN GENERALL Concerning Spirituall and Temporall Povver and Iurisdiction their origen and subordination one to the other And how they stand togeather in a Christian Common-wealth CHAP. II. TO the end that the prosecution and issue of the particular controuersie we haue in hand about the Spirituall authoritie of Q. Elizabeth may be more cleere it shall not be a misse perhapes in this very beginning to set downe breiflie what Catholike Deuines and other learned men doe write and holde of Power and Iurisdiction in generall and of the origen ofspring author diuision and partes therof wherin M. Attorney is wholie silent vsing no explication or distinction at all and consequently giueth occasion therby to some confusion 2. First then our Deuines affirme that almighty God is author of all lawfull Power whatsoeuer both spirituall and temporall according to that generall proposition of S. Paul Non est potestas nisi à Deo There is no power but from God For that as it pleased his diuine maiestie to imparte with man other sparkes of his excellencyes as wisdome reason knowledge prouidence and the like so vouchsafed he also to make man partaker of his power and authoritie not only to gouerne all other creatures of his in the worlde but mankynde also and this both in body and soule temporall and eternall things vnder him in this world as his liestennant and substitute 3. The differences which are betweene these two Powers Iurisdictions Spirituall and Temporall Ecclesiasticall and Ciuill are diuers and sundry taken from the diuersitie of their ends obiect The end of Spirituall Power being to direct vs to euerlasting saluation both by instruction discipline and correction and of the Temporall or Ciuill by like meanes and helps to gouerne well tâe Common-wealth in peace aboundance order iustice and prosperitie And accordinge to these ends are also their obiects matter and meanes As for example the former hath for her obiect spirituall things belonginge to the soule as matters of faith Doctrine Sacraments and such other and thy latter handleth the Ciuill affaires of the Realme and Common-wealth as they appertaine to the temporall good and prosperitie thereof 4. The ancient learned Father S. Gregorie Nazianzen in a certaine Oration of his doth expresse the nature and conditions of these two Powers Spirituall and Temporall Ecclesiasticall and Ciuill by the similitude of spirit and flesh soule and sense which he saith may be considered either as two distinct Common-wealths seperated the one from the other or conioyned togeather in one Common-wealth only An example of the former wherin they are seperated may be in Beasts Angells the one hauing their Common-wealth of Sense onlie without soule or spirit and their end and obiects conforme thervnto which are the nourishment and preseruation of the body And the other Common wealth of Angells being of spirit only without flesh or body but in man are conioyned both the one and the other And euen so in the Common wealth of the Gentiles was onlie authoritie politicall earthlie and humane giuen by God to gouerne worldlie and humaine things but not spirituall for the soule wheras contrarywise in the Primitiue Christian Church for almost 300. yeare togeather none or few Kings being yet conuerted onlie spiritual authoritie was exercised by the Apostle and Christians Bishopps their successours for gouerninge the Church in Ecclesiasticall affaires without temporall accordinge to the saying of S. Paul in the Acts of the Apostles speaking to Bishops Vos posuit Spiritus Sanctus Episcopos regere ecclesiam Dei The holy-ghost hath appointed you that are Bishops to gouerne his Church 5. And this Spirituall Iurisdiction in respect of the high end and obiect therof aboue the temporall did the same Apostles by instructioÌ of the same Holie Ghost so highlie esteeme as the same S. Paul writinge to the Corinthians and reprehendinge them for going to law about temporall things before the heathen magistrate said that in secular matters they should appoint for iudges such as were contemptible in the Church that is to say men of meane account which was spoken by him not for that he contemned temporall Power as the heretical Anabaptists out of this place would proue for so he should be contrarie to himselfe who a litle before as you haue heard auowed that all power is from God and in other places that the King and temporall magistrate is to be honoured and obeyed as Gods minister and the like but onlie he saith this in comparison the one of the other and of their ends and obiects so different in dignitie worthines as you haue heard And this continued in the Primitiue Church to witt Spirituall Iurisdiction without Temporall vntill Constantine the Great and other Emperours and Kings after him being conuerted to the Christian faith entred into the said Church retaininge their Temporall States and Temporall Power which before they had but submitting themselues in spirituall and Ecclesiasticall matters vnto the spirituall gouernment and gouernours which they found to haue been in the same Church before their conuersion 6. Furthermore besides these differences of the end and obiects of these two Powers the forsaid Deuines doe shew another no lesse considerable then the former which is that albeit both of them be of God and doe proceed from him as the Author origen as hath been said yet far differentlie for that Ecclesiasticall authoritie is immediatlie from God and was giuen by Christ immediatlie to his Apostles and Bishops as before you haue heard out of S. Paul who addeth in the same place that Christ gaue them this Spirituall Iurisdiction ouer that Church quam acqui fiuit sanguine suo which he had bought and purchased with his bloud to make them and others in respect of this dreadfull circumstance to esteeme and respect the more this Spirituall Iurisdiction ouer soules which Iurisdiction Christ also himself God and man did exercise in person vpon earth wholie seperated from the vse of all Temporall Iurisdiction notwithstanding he was Lord of all as the same Deuines out of the Ghospell doe proue Sâewing therby and by the long continuance of his Church without the said Temporall Authoritie that Spirituall Iurisdiction is wholy independent therof and vtterlie distinct by her owne nature 7. And albeit Ciuill Power and
euill and pernicious man by excommunication which is an act of externall Iurisdiction called by Canon lawyers Actus sori contentiosi As to absolue or retaine sinnes in the Sacrament are acts of Internall Iurisdiction appertaininge to sorum conscientiae the tribunall of conscience 17. So that as the temporall magistrate for furnishinge of his authoritie hath Power also to punish temporallie when occasion is offered and this either in goods body or life so haue Spirituall Magistrates also by Christ his appointment Ecclesiasticall Power not onlie to teach exhorte instruct and direct as hath been said but to punish in like maner by Spirituall Censures much more greiuous and dreadfull in respect of the life to come than are the fore named punishments of the ciuill magistrate for this life Which Censures are three in number answeringe after a certaine manner to the former three of the temporall magistrate and these are accordinge to Catholike diuinitie and Canons of the Church Suspension Interdict and Excommunication which I leaue further to discusse in this place THE SECOND PART OF THIS CHAPTER About the Subordination of these two Povvers the one to the other and different Greatnes of them both §. I. 18. Vpon these and other like considerations then and premisses Catholike deuines doe deduce that these two Povvers of Spirituall and Temporall Iurisdiction whensoeuer they meet togeather as in the Christian Common-wealth they doe they are subordinate the one to the other according to the rule of Aristotle in Philosophie which holdeth also in this case of diuinitie that whensoeuer the ends of anie faculties be subordinate and doe serue the one to the other there also the faculties themselues are subordinate And so wheras the end of Spirituall Authoritie is to direct men to euerlastinge Saluation of their soules and the end Temporall Gouernment to procure their temporall prosperitie but yet with referment and subordination to the attainment also of life euerlasting in the next world it followeth by most certaine consequence that Temporall Gouernment is subordinate to the spirituall which is so much the more excellent and eminent as is an euerlastinge end aboue a temporall our immortall soule before our corruptible bodyes and the Kingdome of heauen before worldlie prosperitie 19. Out of which considerations no doubt did proceed those speeches of ancient and holie Fathers about the comparison of these two Povvers Ecclesiasticall and Temporall which are founde euery where in their workes highly preferringe the one before the other and subiecting the one vnto the other An me liberè loquentem aequo animo feretis saith S. Gregorie Nazianzen to the Emperour Nam ves quoque c. will you heare me with patience to speake my minde freely vnto you Which truelie you ought to doe for so much as the law of Christ hath made you subiect to my Power and to my tribunall For wee Bishops haue an Empyre also and that more excellent and perfect then yours except you will saie that spirit is inferiour to flesh and heauenly things to earthly But I doubt not but that you will take in good parte this my freedome of speach you being a sacred sheepe of my holie flocke and a disciple of the great Pastor rightly instructed by the Holy-ghost euen from your young years c. So Gregorie Nazianzen to the Emperour 20. And heere we see what difference this greate Doctor and Father S. Gregorie Nazianzen almost 1300. yeares gone did put between these two Powers of Kings and Bishops Ciuill and Ecclesiasticall dignitie euen as much as between flesh and spirit heauen and earth And the same difference doth S. Chrysostome set downe in his bookes of Priesthood and elswere I shall alleadge some place or two out of him as breifly as I may that you may see his sense and iudgement therin though I would wish the Reader to peruse the places themselues heere cited for that they will fullie satisfie him in this matter 21. First then in his third booke of Priesthood comparinge the Power of a King with the Power of a Priest he hath these words Habent quidem terrestres Principes vinculi potestatem verum corporum solum c. It is true that earthlie Princes haue power to binde but our bodyes onlie But the bands which Priests can lay vpon vs doe touch the soule it self and reach euen vnto the heauens so far forth as whatsoeuer Priests shall determine heere beneath that doth God ratifie aboue in heauen and confirmeth the sentence of his seruants vpon earth And what is this I pray you but that God hath giuen all heauenlie Power vnto them according to those words of his VVhose sinnes soeuer you shall retaine they are retained And what Power I beseech you can there be greater then this I read that God the Father gaue all manner of Power vnto his Sonne And I see againe that God the Sonne hath giuen ouer the self same Power vnto Priests c. what a manifest madnes then is it for any man to despise this Princedome of Priests without which we cannot possibly be made partakers either of eternall saluation or of the good promises of our Sauiour c. Quo nomine sacerdotes non modo plus vereri debemus quam vel Principes vel Reges verum etiam maiori honore quam parentes proprios honorare In which respect wee ought to reuerence feare Priests more not only then Princes and Kings but honour them also more then our owne parents c. All these are S. Chrysostomn wordes 22. And the same Saint in his Homilies vpon Esay the Prophet writeth thus Rex quidem ea quae sunt in terris sortituâ est administranda c. The King hath receiued the administration and gouernment of those things that are on the earth But the Priests authoritie commeth from heauen whatsoeuer you shall binde saith Christ vpon earth that shall be bound in heauen To my King are committed earthlie things but to me heauenlie and when I say to me I vnderstand a Priest c. To the King are committed the bodies to the Priest the soules the King can remitt bodily spotts but the Priest can take away the spotts of sinne Maior hic principatus This principallitie of Priests is greater then that of Kings 23. Aud yet further in another Homilie vpon the same Prophet Sacerdotium principatus est ipso etiam regno venerabilius maiuâ Ne mihi narres purpuram c. Priesthood is a Princedome yea more venerable and great then is a Kingdome Doe not tell mee of the purple or diademe or scepter or golden apparrell of Kings for these are but shaddowes and more vaine then flowers at the spring time Si vis videre descrimen quantum absit Rex à sacerdote expende modum potestatis vtrique traditae If you will see indeed the true difference between them and how much the King is inferiour to a Priest consider
and brought into vse how far the execution of ech parties authoritie should be exteÌded in certaine inferiour things that might seeme either mixt or doubtful as by many examples both in France Spaine Sicily Naples Flaunders England and other countreys may be declared Whervpon notwithstanding daylie wee see sundry difficulties sutes and controuersies to arise 41. Some States also and Catholike Kingdomes haue made certaine Decrees or Restraints at sometimes de facto whether rightfully or noe I will not now dispute for preuentinge and remedyinge some pretended inconueniences in the exercise of certaine points of the Popes Authority within their said Realmes Some other also pretend to haue done the same with indult consent transaction or conuiuency of the Pope himself But none of all these which is the mayne pointe did euer deny or call in question the said Authoritie it self as after shall appeare but rather did many wayes acknowledge and confesse the same and of this kind of Restrictions or Interpretations are the most part of these few peeces of Decrees and Statutes Customes Laws or Ordinances that M. Attorney doth alleadge which make nothing at all for the proofe of his mayne question that our English Kings before and after the Conquest did take vpon themselues supreame Spirituall Authoritie as deriued from the Right of their Crowne nay rather they make fully against him for that the very manner of making these restraintes first by way of supplication to the Popes themselues as after shall be shewed and then by domesticall ordinances doth well declare what opinion the said Princes had of that power to be in the said Popes not in themselues And this is so much as needeth to be said in this place for a generall light to the whole matter Now shall we passe ouer to treat of the particular occasion wherevpon M. Attorney thought good to ground his whole discourse of Q. Elizabethes Ecclesiasticall Authoritie as presently shall be declared THE PARTICVLAR STATE OF THE CONTROVERSY VVith M. Attorney concerning the late Queens Ecclesiasticall Povver by the auncient laws of England deduced out of the case of one Robert Caudery Clerke CHAP. III. MAister Attorney for preamble or entrance to his designed Argument against recusant Catholicks for that to be his purpose the end of his booke declareth he setteth down a pittifull case of one Robert Caudery Clerke depriued of his benefice or parsonage of North-looffennam in Ruland-shire by the Bishop of London as high Commissioner with consent of some of his associates authorized in Causes Ecclesiastical by a Commission of the late Queene graunted by her letters Patents the nynth day of December in the 26. yeare of her Raigne I doe call the case pittifull not so much in respect of the poore man depriued and vexed as after shall appeare but much more of the publike partiality appearing to haue been vsed against him by sway of the tyme and by such men as occupied the place of Iustice. You shall heare how the Case passed and iudge therof your selues 2. This Caudery in the Terme of S. Hilary saith M. Attorney in the 33. yeare of the raigne of Q. Elizabeth brought an action of trespasse against one George Atton for breaking of his cloase in North-looffennam aforesaide vpon the 7. day of August in the 31. yeare of the said Q. But Atton pleaded not guyltie and the Iurie found that the said Cauderie had been depriued of that benefice in parte wherof the Cloase was broken by a sentence of the said Bishop of London Cum assensu A. B. C. D. c. Collegerum suorum For that he had preached against the Booke of Common-praier and refused to celebrate diuine seruice according to the same 3. Heerupon it came in question how and by what Authoritie the said Bishop of London had giuen his sentence either rightfully or wrongfully And first it was alleadged by Cauderyes CouÌsell that the Authoritie of commission giuen to him to witt to the forenamed Bishop of London and certaine others his Colleags by the foresaid Q. Elizabeths letters Patents was only founded vpon a Statute made in the first yeare of her Raigne by which it was enacted That such Iurisdiction Ecclesiasticall as by anie spirituall or Ecclesiasticall power hath heertofore been or may lawfully be exercised for the visitation of the Ecclesiasticall estate and persons and for the reformation order and correction of the same and of all manner of errours heresies schismes abuses offences contempts and enormities within this Realme should for euer be vnited and annexed to the Imperiall Crowne of this Realme And that her highnes her heyrs and Successors should haue full power and Authoritie by vertue of that Act by letters Patents vnder the great Seale of England to assigne nominate and authorize such persons being natural borne subiects as her Highnes her heirs or Successours should thinke meet to exercise and execute vnder her highnes her heyrs and successours all and all manner of Iurisdiction Priuiledges and Preheminences in anie wise touching or concerning anie spirituall or Ecclesiasticall Iurisdiction within this Realme of England and Ireland And to visite reforme redresse order correct and amend all such errours heresies schismes abuses offenses contempts and enormities whatsoeuer which by anie manner of spirituall or Ecclesiasticall Power Authoritie or Iurisdiction can or may lawfully be reformed ordered corrected and amended c. 4. This was the ground wherby both the Queene was indued as you see with all manner of Ecclesiasticall power and Iurisdiction and had authoritie also giuen her to bestow the same vpon others without anie other condition heere expressed but onlie that they should be naturall borne subiects So as if it had pleased her Maiestie to haue bestowed a Commission vpon so many Ladies of the Courte to visit some parte of the Cleargie or Laitie to redresse their errours heresies abuses or other enormities or insteed of the Bishops named by her she had thought good to nominate their wiues for high commissioners ouer them to reforme order redresse correct or amend abuses I see not by the words of the Statute why it had not been lawfull For so much as there is no exception of sex therin And as well might the Queene haue made women her substitutes in this point as this Statute gaue all the power in capite to her self being a woman I would aske moreouer that wheras K. Henry the eight when he was made head of the Church appointed for his Vicar-Generall in Spiritualibus the Lord Cromwell that was a meere lay man and caused him to sit aboue all the Bishops in Synods and Councels about Ecclesiasticall affaires why his daughter Q. Elizabeth that had the same authoritie that he had might not haue appointed my Lady Cromwell or anie such other Ladie of that sex wherof there were diuerse that professed good skill in diuinitie at the beginning of her Reigne for her Vicaresse-Generall in Ecclesiasticall affaires Nay why the feminne sex
the Archbishops and bishops seals of office for testisying of this the Kings Highnes armes be decentlie sett with Characters vnder the said Armes for the knowledge of the diocesse that they shall vse noe other seale of Iurisdiction but wherin his Maiestyes armes be engraued c. 23. Lo heere not onlie the name and Authoritie of head of the Church giuen to K. Edward the Child and taken from the Pope but all Iurisdiction also and signe of Iurisdiction spirituall taken from the Archbishops and Bishops of England excepting onlie so far forth as it was imparted vnto them by the said Child K. Which importeth much if you consider it well For this is not onlie to haue power to visitt and gouerne Ecclesiasticall persons and to reforme abuses Set downe in the Queenes graunt by parlament but to haue all Ecclesiasticall and spirituall power and iurisdiction originallie included in his owne person and so to be able from him self as from the first fountaine and highest origen on earth to deriue the partes parcells thereof to others which you may consider how different it is from that which here the Statute would seeme to ascribe to the Queene and opposite and contrarye to all that which the ancient Fathers in the precedent chapter did affirme protest not to be in their Kings and Emperours at all but in Bishops and Preists onlie as deliuered immediatlie to them by Christ our Sauiour and by them and from them onlie to be administred to others for their saluation But by this new order of the English Parlament the contrarie course is established to witt that it must come to Bishops and Preists from a laie man yea a Child and from a lay-woman also as the other Parlament determineth and then must it needs follow also as after more larglie shall bee proued that both the one and the other I meane K. Edward and Queen Elizabeth had power not onlie to giue this Ecclesiasticall iurisdictioÌ vnto others but much more to vse and exercise the same in like manner in their owne persons if they would as namelie to giue holie orders create consecrate Bishops confirme Children absolue sinnes administer Sacraments teach and preach iudge and determine in points of faith and beleife sitt in iudgement vpon errors and heresies and the like And this for K. Edward 24. Now then if it may be presumed as I thinke it may that Queene Elizabeths meaning was to haue no lesse Authoritie Spirituall and Ecclesiasticall giuen vnto her and acknowledged in her then her said Father and Brother had vsed before why did not the makers of this Statute set it downe in plaine words as the other did but disguised the matter by such maÌner of speach as they might seeme to giue but little wheras they gaue all and more then all The Cause was that which I haue said before for which they laboured not to be vnderstood of all men but to speake as it were in mysterye not to offend so publikelie the Caluinists and yet to include matter inough to ouerthrow Catholikes But the said exacter parte and purer Caluinists quicklie found out the matter and so they began verie shortly after to mutter and write against this and diuers other points of the Statute and so haue continued euer since and the Controuersie betweene them is indeterminable 25. Well then for so much as now we haue laid open the true state of the Question and that M. Attorney is bound to proue his proposition in this sense and explication that heere is sett downe out of K. Henry and K. Edwards Statutes to witt that Q. Elizabeth had all plenarie power of Spirituall Iurisdiction in her self to deriue vnto others at her pleasure as from the head and fountaine thereof And that no Bishop Archbishop or other Ecclesiasticall person within the Realme had or could haue anie spirituall power or iurisdiction but from the wellspring and supreame sourge thereof And this not onlie by vertue of the foresaid Statute of the first yeare of her raigne but before without this also by the verie force of her Princely Crowne according to the meaning of the old and most auncient coÌmon laws of England It will be time now to passe on to the veiw of his proofes which for so new strange and weightie an assertion that toucheth if wee beleiue the former alleadged Fathers the very quicke and one of the neerest means of our eternal saluation or damnation ought to bee very cleere sound and substantiall We shall see in the sequent Chapter what they are VVHERAS IN THE CASE PROPOSED THERE MAY BE TVVO KINDES OF PROOFES The one DE IVRE the other DE FACTO M. Attorney is shewed to haue fayled in both and that we doe euidently demonstrate in the one and in the other And first in that DE IVRE CHAP. IIII. THat the late Queene of England had such plenary Ecclesiasticall Power as before had byn said this by the intent meaninge of the old ancient Common-lawes of EnglaÌd though vnto me to many others it seeme a most improbable Paradox and doe meane afterwardes by Gods assistance to prooue and euidently demonstrate the same and shew that from our first ChristiaÌ Kings vnto K. Henry the eight the Common-lawes of our Land were euer conforme and subordinate to the CanoÌ Ecclesiasticall lawes of the Roman Church in all spirituall affayres yet for so much as M. Attorney hath taken vpon him to prooue the contrary two heades of proofe he may follow therin The first De Iure the second De facto And albeit he entitle his Booke according to the first to witt De Iure Regis Ecclesiastico yet doth he nothing lesse then prosecute that kind of proofe but rather flippeth to the second which is De Facto endeauoring to prooue that certaine Kings made certaine lawes or attempted certaine factes somtimes and vpon some occasions that might seeeme somwhat to smel or taste of Ecclesiasticall power assumed to themselues in derogation or restraint of that of the Bishops Popes or Sea of Rome 2. Now albeit this were so and graunted as after it will be reproued yet well knoweth M. Attorney that an argument De facto inferreth not a proofe De Iure For if all the factes of our Kings among others should be sufficient to iustifie all matters done by them then would for example fornication be proued lawfull for that some of them are knowne to haue had vnlawfull children and left bastardes behinde them And the like we might exemplify in other things Neither doe I alleadge this instance without peculiar cause or similitude For as in that vnlawfull act of the flesh they yelded rather to passion and lust then to their owne reason iudgment knowing well inough that they did amisse when they were voyd of the same passion so in some of these actions of contention about Ecclesiasticall Iurisdiction some of them were byassed with interest somtymes by indignation
Valentinian the elder who refused to be present and much more President in certaine conferences about religion betwene the Catholicke Bishops the Arrians vpon consideration of these two distinct Orders of Clergie and lay-men though he were inuited therunto by Catholicke Bishops themselues Mihi quidem saith he cum vnus de populo sim fas non est talia perscrutari verum sacerdotes qui bus haec cura est apud semetipsos congregentur vbi voluerint Vnto me that am but one of the lay people it is not lawfull to examine such things as appertayne vnto religion but let priests to whome this care is committed meet togeather amoÌg themselues to discusle the matter where they will So much was this distinction between lay-men and priests esteemed by this auncient Christian Emperour 11. Secondly I demaund of M Attorney concerning his distinction of Courtes and causes to be handled therin Temporll Spirituall how it commeth to passe that the Conusaunce of such causes as here he calleth Spirituall belong not as he saith to the Common-lawes of England No nor as presently after he affirmeth could not belong For that they are not within the conusaunce of the sayd Common-laws And why is this I praye you For if the temporall Prince be equallie head in both causes and in both Iurisdictions and that the power to knowe discerne iudge in both sortes doe descend only from the temporall Prince as before out of the Statute of King Edward the 6. you haue heard by the Statute-makers determined and M. Attorney confirmeth euery where in these Reportes then should the common-Lawes of our Realme which are the temporall Princes law be coÌmon indeed according to their name to all causes aswel Spirituall as Temporall for that their author and origen which is the King hath equall Power Iurisdiction in both for that it is a maxime vncontrollable that according to the Iurisdiction of the Lâw maker vertue and power of the law doth extend it selfe And then doth M. Attorney affirme that the conusaunce of so many Ecclesiasticall causes as he setteth downe is not within the compasse of our Common-lawes or what compasse will he assigne or lymitt to that Princes lawes that according to this assertion hath power in all Is not this to contradict himself and to ouerthrow with the one hand that which he goeth about to establish with the other For if the Kings power be common to both causes aswell Ecclesiasticall as Temporall then must the Kings Common-lawes be common to both Courtes and matters therin handled 12. But let vs see a certaine sleight or euasion of his worth the noting As in temporall causes saith he the King by the mouth of the Iudges in his Courtes of Iustice doth iudge and determyne the same by the temporall lawes of England so in causes Ecclesiasticall as Blasphemy Apostacy Heresyes Ordering Institutions of Clerkes c. the same are to be determined and decyded by Ecclesiasticall Iudges according to the Kings Ecclesiasticall lawes of this Realme Marke here gentle reader how M. Atnorney playeth wyly beguyly For according to the proportion of his coÌparison he should haue coÌcluded thus So the King by the âouth of his Ecclesiasticall Iudges doth iudge and determine the said Spirituall Ecclesiastical causes by his owne Ecclesiasticall lawes But this he foresaw would include this great inconuenience among others that if he said that the King did iudge determine by the mouthes of his spirituall Iudges the aforesaid spirituall causes as he doth the temporall then might he doe the same yea and exercise them also immediatly by himself if need were aswell as by others for in all temporall iudgments and affayres the King may sit himself in courte and performe in person whatsoeuer his Officers by his authority doe or may doe which yet M. Attorney saw would be somwhat absurde to graunt in the spirituall causes proponed by him of Blasphemy Ordering of Priests or giuing holy Orders Institutions of Clerkes Celebration of diuine seruice and the like to witt that the King should performe them immediately in his owne person for who would not say it were absurde for example that the King should sing or say the common seruice to the people or administer the Sacrament of Absolution or Marriage or giue holy Orders and the like which yet the Bishop of Rome and all other Bishops or Prelates neuer so great doe may doe without inconuenience And in truthe it followeth euidently that he who can giue authority or power for another to doe a thing as from himself and in his name may performe the same in person also if he list at least wise it cannot be vnlawfull for him so to doe And therfore coming to the application of his comparison he changeth his phrase and saith that the same are to be determined and decyded by Ecclesiasticall Iudges according to the Kings Ecclesiasticall lawes of this Realme 13. Wherin you must note another shifte more poore and silly then the former for that hauing declared vnto vs before that there are two generall partes and members of the Realme to witt the Clergy and the Laity and that these two haue two seuerall Tribunalls in their affaires gouerned by two sortes of different lawes Temporall and Ecâlesiasticall Common and Canon and these deriued from two different Authors and origens the Common-law from the temporall Prince and Commonweath Ecclesiasticall from others saith M. Atorney but specifieth not from whom or whence though all the world knowe that they come originally from the Church Sea Apostolique all which inferreth distinct originall Iurisdictions M. Attorney by his great witt hath deuised a newe sleight neuer perhaps yet heard of in the world before which is to make these Ecclesiasticall lawes though deriued from others to be the Kings owne lawes for that he approueth and alloweth them within the Realme and consequently that all lawes both Temporall and Spirituall doe come from the King as their Author which is a token that he hath full Supreame power And this singular deuise pleaseth him so well as he repeateth the same sundrie tymes in this Treatise You shall heare the same in his owne words in this place how dangerous and preiudicyall a Conclusion he buildeth vpon the same against Catholiques 14. For as the Romans saith he fetching diuers lawes from Athens yet being approued and allowed by the State there called them notwithstanding Ius Ciuile Romanum And as the Normans borrowing all or most of their lawes from England yet baptized them by the name of the lawes or customes of Normandy so albeit the Kings of England deriued their Ecclesiasticall lawes from others yet so many as were approued and allowed here by and with a generall consent are aptly rightly called the Kings Ecclesiasticall lawes of England which whosoeuer shall deny he denyeth that the King hath full and plenary power c. And consequently that he is no coÌplete Monarch nor head
it must needs bee that he was gouernour vnder the Pope to whome he professeth as you haue heard obedience and subiection 16. But what proofe think you hath M. Attorney out of this King to shew that he exercised spirituall iurisdiction by vertue of his temporall crowne You shall heare it all as it lyeth in his booke for the whole narration is but of 3. or 4. lines taken out of K. Edward his lawes The words are these in Latin Rex autem qui vicarius summi regis est ad hoc constitutus est vt regnum populum Domini super omnia Sanctam Ecclesiam regat defendat ab iniuriosis malefices autem destruat Which M. Attorney Englisheth thus The King who is the vicar of the highest King is ordeined to this end that he should rule and gouerne the Kingdome people of the land and aboue all things the holy Church that he defend the same from wrong-doers and destroy and roote out workers of mischeif Which words supposing them to be truly alleadged as they lye haue a plaine and easy interpretation which is that the King as Gods minister for so S. Paul called also the hea-Magistrate must gouerne the Church and Cleargie of his land in temporal matters for that they are members also of the Common-wealth as before we shewed In which respect they are subiect to the sayd temporall Magistrate and in that sense to be gouerned by him though not in spirituall things 17. And if M. Attorney will inferre that because the King is cal-called Gods Vicar he hath spirituall Iurisdiction then may he as well inferre that the heathen Magistrate had spirituall Iurisdiction ouer Christians for that S. Paul calleth him the minister of God which is as much in effect as Vicar for that the minister supplieth the maisters place And thus you see that albeit we admit these words as heere they ly alleadged by M. Attorney noe aduantage can be rightly inferred against vs by them But I am forced to suspect some little fraud or shuffling to be vsed in the citation of this peece of law and therfore I intreate the Iudicious Reader who is learned and hath the commodity to see the Originals that he will examine both this and the former instance of K. Kenulfus in the authors whence they are taken for I haue them not by mee 18. The reasons of suspicion are first for that I see M. Attorney his translation in these few lines not to be very exact as it will appeare to him that examineth the same and secondly for that I find this clause of S. Edwards law differently alleaged heare by M. Attorney from that which is cited by Roger Houeden in the life of K. Henry the second as also from another allegation therof by Iohn Fox in his Acts and Monuments by all which may be gathered that the verbe regat is wrongly placed in M. Attorneys allegation which being amended and the said verbe placed before in his dew place the sense is perfect to witt vt Rex regnum terrenum populum Domini regat sanctam eius veneretur ecclesiam ab iniuriosis defendat c. that the King rule his earthly Kingdome and the people of God and reuerence and defend the holy Church Thus I say ought the words to stand to make good and congruons sense and not as they are transposed both by M. Attorney and Iohn Fox to make a blind sense who yet agree not in their allegations therof as in the places cited you may see 19. And this our assertion concerning the true sense meaning of the former clause is confirmed yet further by the words of K. Edward immediatly following in the same law omitted heere by M. Attorney but sett downe by Fox which are these Quod nisi secerit nomen regis in eo non constabit verum Papa Ioanne testante nomen Regis perdet If a King doe not perfourme the points before mentioned of gouerninge his people and defending the Church the name of a King agreeth not to him but he must leese that name as testifieth Pope Iohn So he And the same K. Edward in the end of this speach doth cite the authority of the said Pope Iohn againe saying that the wrote to Pipinus and his sonne Charles beâore they came to be Kings of France that no man was worthy to be called a King except he did vigilantly defend and gouerne the Church and people of God So as now this gouernment of the Church which M. Attorney hitherto hath vrged so much against the Popes authority must be vnderstood according to the meaning and sense only of Pope Iohn who I suppose notwithstanding will not meane that temporall Princes shall be heads of the Church and to haue supreme spirituall Iurisdiction in causes Ecclesiasticall deriued from their Crownes as M. Attorneys meaning is And so you see vnto what good issue he hath brought this argument out of S. Edwards lawes which is that Kings haue so much gouernmeÌt ouer the Church as Pope Iohn allowed them and no more 20. And finally let vs heare the words of Pope Nicolas the second to this verie K. Edward concernining the gouernment he had ouer the Church for thus he writeth to him Vobis verò posteris vestris Regibus committimus aduocationem eiusdem loci omnium totius Angliae Ecclesiarum vt vite nostrae cum Consilio Episcoporum Abbalum constituatis vbique quae iusta sunt c. We doe coÌmitte vnto you and to the Kings of England your Successours the aduocation and protection of the same place or monastery of VVestminster and of all the Churches throughout England to the end that in our name and authoritie you may by the counsell of your Bishops and Abbots appoint euery-where those thinges that are iust c. By which words is easie to see what gouernment and iurisdiction K. Edward had ouer the Church of England to witt by commission of the Pope noe otherwise By which coÌmission also diuers other Catholike Princes haue had in sundrie cases coÌmitted vnto them haue at this day spirituall Iurisdiction as namely the Kings of Sicily doe pretend to haue had to haue supreme spirituall authority in that Kingdome as legati à latere by concession of Pope Vrbanus the 2. graunted vnto Roger the Norman Earle of Sicily aboue fiue hundered years past to witt from the yeare of Christ 1097. And yet will none of those that defend this spirituall monarchy at this day for by that name it is called say that it descendeth by right of their Crownes but by concession and delegation of Popes And so much of this matter HOW THE ATTORNEY NOT BEING ABLE TO PROVE HIS AFFIRMATIVE PROPOSITION Of English Kings Iurisdiction Ecclesiasticall before the Conquest VVe doe ex abundanti proue the negatiue by ten seuerall sortes of most euident demonstrations that there was no such thing in that
as in the precedent demonstration you haue heard yet in Ecclesiasticall and Church-matters they had all one and the self same lawes though they were different Kings and enemyes for the most part one to the other liuing in continâall warrs for the suspition the one had that the other would encroache vpon him And yet shall you neuer reade that any of them did goe about to punish a Priest or Clergie man for bringing in any Ecclesiasticall ordinance function or order from his enemyes countreyes which is an euident argument that all was one in Ecclesiasticall matters and consequently that these lawââ and ordinances did not proceed from any of the Kings authority in their particular Kingdomes for then would not the other haue receaued the same but from one generall body and head which is the Church and vniuersall gouernour therof 17. To all which may be added this consideration of one Metropolitan the Archbishop of Canterbury who had the spirituall iurisdiction ouer the far greatest part of all these English Kingâ Dominions wherof diuers were enemyes in temporall mattâââ to the King of Kent in whose territoryes his Bishopricke and Residence was yet did no one of all these other Kings except against this his spirituall authority ecclesiasticall iurisdiction in matters belonging to Religion which doth euidently demonstrate that this Ecclesiasticall power of the said Archbishop was a different thing from the temporall of these Princes and placed in a different person and that all these Kings were one in acknowledgemeÌt of obedience vnto this spirituall iurisdiction though in other things ech man had his temporall power and State a part But if these powers were combyned togeather in the person of the Prince and annexed to his Crowne and Scepter as M. Attorney doth pretend then would ech of them haue had a seuerall Metropolitan vnder him independent the one of the other which we see was neuer attempted but all acknowledged the said Archbishop of Canterbury or the other of Yorke in their districts acâording to the power and limitations giuen them by the Bishop of Rome as already hath byn declared And though much more might be said in this point and many particularities alleadged which for breuities sake I omitt yet this already said will suffice to shew the force of this argument 18. One thing only I may not let passe to aduertise the reader of which is a certaine wyly slight deuised by M. Attorney to decline the force and euidence of this proofe saying that albeit those Ecclesiasticall lawes were taken from others yet being allowed and approued by the temporall prince they are now his lawes But this shift is refuted by that which already we haue sett downe before For if one the self-same Ecclesiasticall law receaued by seauen Kings and Kingdomes ioyntly within our land shal be said to be ech Kings proper lawes for that they are approued and receaued by him his realme then shall one and the self-same law haue seauen authors yea more then seauenty for that so many Kingdomes and States as through-out Christendome shall receaue the same Ecclesiasticall and Canon-law for example made and promulgated by the generall Pastor therof ech particuler Prince I say admitting the same as he is bound to doe if he be truly Catholike shal therby be said to be the particular author therof which is no lesse ridiculous then if a man should say that euery prouince in France admitting a law made by the King in Paris should be the seuerall makers of that law But for that I shall haue occasion perhaps to handle this point more at large afterward I shall say no more now but passe to another Demonstration The third Demonstration 19. The third Demonstration consisteth in this that in all the tyme of our Christian Kings before the Conquest being aboue an hundred in number in the space of almost fiue hundred yeares as before hath byn said all doubts or difficulties of greatest importance that fell out about Ecclesiasticall busines or meÌ all weighty consultations and recourse for remedy of iustice and decisions in Ecclesiasticall causes of most moment were not made to the Kings of our Realme nor to their Tribunalls but to the Bishops of Rome for the tyme being as lawfull iudges therof both by the subiects and Princes themselues and consequently those Princes did not hold themselues to be heads of their Churches nor did thinke that they had supreme Ecclesiasticall iurisdiction deriued from their Crownes And this point is so euident in ãâã the course of our ancient English histories so aboundant to amples doe euery-where offer themselues to this effect as a whole booke might be made of this point only But I shal be myndfull of breuity and out of many and almost infinite examples name a few obseruing also some order of tyme therin 20. We haue said somwhat before in the next precedent demonstration of the beginning of spirituall Iurisdiction exercise therof in England by S. Augustine our first Archbishop vnder Gregory the Pope both of them our Apostles who did exercise and put in vre spirituall iurisdiction ouer all the Church of England without reference to K. Ethelbert though he were a Christian and a very good Christian King And when the sayd S. Augustine dyed he remitted not the matter to the said King to appoint an Archbishop after him but by concession of the Sea Apostolike did nominate two that should succeed him in order Laurentius and Mellitus vpon the yeare of Christ 604. as S. Bede doth testifie And some six yeres after that againe the said Mellitus being Bishop of London and hauing begun to buyld a certaine Monasterie at the west part of that Citty called afterward VVestminster intending to make it a Seminary of Bishops and Clergie-men for the spirituall help of the whole realme he esteâmed it of such importance as for that and other such Ecclesiasticall affaires he went to Rome to take direction therin from Pope Boniface the 4. who thervpon called a Synod togeather in Rome de necessarys Ecclesiae Anglorum causis ordinaturus saith Bede to ordeine what was conuenient about the necessary occasions of the English Church And that Mellitus had his seat and place also as Bishop of London in that Synod To the end saith he that he retourning into Britany should carry the ordinations of this Synod to be obserued by the Church os England and Clergie therof And further he addeth that âânisacius the Pope wrote letters by the said Mellitus as well to Lauâence then Archbishop of Canterbury as to Ethelbert their King and to the whole nation of English-men though now the said leâters be not extant yet herby it is euident what authoritie they acknowledged in those daies to be in the Bishop and Sea of Roââ about English affaires and that neither King Ethelbert of Kenâ nor King Sebert of London and Essex being both Christian princes did repyne therat as
reliques to witt of S. Peter and of S. Paul S. Laurence S. Iohn S. Pancratius and S. Gregory and vnto your Queene our spirituall daughter we haue sent a crosse and golden key hauing in it some parcells of the sacred chaines wherwith the Apostlds S. Peter and S. Paul were bound 25. Thus wrote the Pope at that tyme not being able to giue them an Archbishop fitt for the present but afterwards saith Bede he being very carefull therof and enquiring amongst learned men whome he might choose he first cast his eye vpon one Adrian an Abbott of a monastery neere vnto Naples which Adrian was by natioÌ an African but very skillfull in the Latin Greeke tongue well instructed as well in Monasticall as in Ecclesiasticall functions But this man flying the dignity of Archbishop named vnto the Pope one Theodorus a Monke borne in Tharsus of Cilicia as S. Paul th'Apostle also was a man of excelleÌt learnâââ and vertue whome Pope Vitalianus commaunded to take the charge vpon him of being Archbishop of Canterbury and Metropolitan of the English Church which thinge he refusinge for a tyme yet at length accepted it with condition that the forsaid Adrian should goe thither with him and so he was consecrated and sent with authority to create other Bishops thorough-out England as he did He arriued there vpon the yeare 669. and waâ ioyfully receaued by the foresaid Kings and Christian people liued twenty yeares in that sea Neither were there euer saith Bede after the English-mens arryuall into Britany more happy tymes then these when our nation had most valiant Christian Kings that were a terrour to barbarous nations and when all men desires were enflamed with the loue of Christes heauenly ioyes lately reuealed vnto them so as whosoeuer had desire to be instructed in sacred doctrine had maisters ready to instruct them by the diligence of this new Archbishop and not only this but all English Churches also began now by the industry of the Abbot Adrian to learne the tune of singing in the Church throughout the realme which before was only in Kent c. Theodorus also visiting the whole Realme ordeined Bishops in all opportune places and whersoeuer he found any thing not perfect he by their helpes did correct the same Hitherto are the words of S. Bede of this our Christian primitiue Church 26. And all this now is within the first hundred yeres therof when it was most happy feruent and deuoute by S. Bedes iudgement but much more remaineth to be said of the same if I would consider euery particuler Kingdome and what passed therin this first age But if I should passe downe with like search through the other foure hundred yeares that doe ensue befoâe the Conquest I should not be able to conteyne my self within the compasse of this booke and much lesse of one Chapter and of one only argument or Demonstration therof For that euery where during this tyme we shall find that all our Christian Kings in all spiritual matters appertaining to Ecclesiasticall iurisdiction made their recourse to Rome or to the Archbishopâ or Bishops of England as subordinate or authorized from thââ Sea nor euer did they by act worde deed or decree signifie that they thought to haue Ecclesiasticall power or iurisdiction to dispose of those affaires themselues except perhaps some tymes and of some things by commission from the other 27. Let amongst others the wise and renowned King Edgar the first publicke author of English lawes be an example who hauing in hand a most important consultation how to reforme the liues of Clergie men of this realme but especially of certaine secular Priests in those daies procured first that S. Dunstan the Archbishop of Canterbury should call a Synode about the same who resoluing that the best meanes would be to put in religious men to witt Monkes into euery Cathedrall Church in place of the other that liued disorderly the King tooke not vpon him to doe it himself by his owne kingly authority or to giue commission to any of the said Bishops to doe the same but made his recourse to Rome to Pope Iohn the 13. praying him to authorize the two holy Bishops of VVinchester VVorcester to wit S. Ethelwold and Oswald to make this reformation which he would neuer haue done if he had thought that by his owne Kinglie power descending from his Crowne it had belonged to himself or that his Parlament might haue giuen him the said authority of visiting and reforming altering and disposing as it did to Q. Elizabeth 28. And this may be shewed from one to one in all this time throughout the raignes of aboue an hundred Christian Kings before the Conquest as hath byn sayd if the breuity of this place did permitt me to prosecute the same And my aduersary is not able to shew me one instance out of all this time truly sincerly alleadged to the contrary in this I chalenge him if he thinke himself able to answere me And so shall I passe to the fourth argument if first I recite one example more out of the second age after our conuersion for it is of eminent circumstance and declareth fully what was the sense of our Kings and their nobilitie and Clergie in those dayes 29. Next after K. Ethelbald who was the fifth Christian King of the Mercians and to whome S. Bonifacius called VVinfred before martyr Apostle of Germany wrote so sharpely to amend his life as in all our English histories is to be seene there succeded K. Offa who did great matters in his dayes and as Malmesbury writeth had both great vices and great vertues and among other things he bearing a grudge to the people of Canterbury and to their Archbishop Lambert he pretended to seperate from the obedience of that Sea all the Bishops and Bishoprickes that were within the Kingdome of Mercia which were the greaâer ãâã of the Suffraganes of that Sea and to procure them by the consent and authority of Pope Adrian to be subiect to the bishop oâ LICHFIELD as to the chief Metropolitan of his dominionâ and so many reasons he alleadged and vrged for the same togeather with his might and power that the said Pope Adrian as after you shall heare began to yeld somewhat to his demaund notwithstanding the often appellations of the said Archbishop Lambert but Pope Adrian dying Leo the third being chosen in his place Offa dyed in like manner soone after as also the Archbishop Lambert in Offa his place succeded Kenulphus a most noble King and to the Sea of Canterbury for Lambert was chosââ Athelardus that had byn Bishop of VVinchester before one of the rarest men if we beleeue famous Alcuine maister to Charles the Great that euer our nation bred 30. This Archbishop then hauing made his appeale also to Rome as his predecessour had done for recouering the ancient honours and
iurisdiction of his Church of Canterbury vsed such meanes as at length he persuaded K. Kenulphus to be content therwith and that himself might goe in person to sollicite the same and so he did with a letter of the sayd King himself and of all his Bishops and nobilitie gathered togeather about that affaire you shall heare some clauses of the said letter and therby iudge of the rest It beginneth thus Domino Beatissimo c. To the most Blessed and most louing Lord Leo Bishop of the Holy and Apostolicke Sea of Rome Kenulphus by the grace of God King of the Mercians with the Bishops Dukes and all other degrees of honour and dignitie vnder our Dominion doe send salutations of most syncere loue in Christ c. This is the title of the epistle wherin after many thankes giuen to God for the election of ãâã good and pious a Pastor in place of Adrian deceased he shewed the speciall reason why English men aboue others had cause to reioyce therat saying Nos quoque meritò quos extremitas orbis tencâ prae caeteris gloriamur quia vnde tibi Apostolica dignitas inde nobis fidei verâtas innotuit We also which dwell in the extreme partes of the world doe reioyce aboue other men at your election for that whence you haue receaued your Apostolicall dignitie the ââ haue we receaued the truth of our faith And then he goeth forward desiring humbly Pope Leo to giue him his Apostolicâââ benediction to the end he may gouerne his people well ãâã benediction saith he all my ancestours that haue raigned ouer the Mercians haue obteyned of your predecessours I doe in all humility demaund the same of you and that you will take me for your adopted sonne as I doe loue you as the person of my father and doe embrace you with all the force of obedience that I can These are his owne words 32. And then yet further after diuerse such speeches of piety he commeth to beseech the said Pope to examine the matter to resolue the doubt which the Archbishop Athelardus was to propose vnto him about the iurisdiction of the Sea of Canterbury that the decision might be according to the Canons and Apostolicall decrees of S. Gregory the first who sent S. Augustine into England and by his authority founded that Sea of Canterbury shewing moreouer that his predecessor King Offa was the first that euer attempted to withdraw the Bishopricks of Mercia from the obedience of Canterbury and that as he saith for emnytie that he had with Archbishop Lambert and for aduauncing his owne Kingdome of Mercia by making LICHFIELD a Metropolitan Wherfore he concludeth thus Quare Excellentiam vestram humiles exor amus quibus à Deo merito clauis scientia collata est vt super hac causa cum Sapientibus vestris quaeratis quicquid vebis videatur nobis seruandum rescribere dignemini c. Wherfore we humbly beseech your excellency vnto whome God hath worthily giuen the key of knowledge that you will consulte with your wise learned men about this cause and whatsoeuer shall seeme good to you doe you vouchsafe to write it backe vnto vs that we may obey and obserue the same 32. Thus wrote K. Kenulphus vnto whome the Pope answered Domino excellentissimo filio Kenulpho Regi Merciârum Prouinciae Saxoniae Leo Papa c. And in this letter after congratulation of the piety of the sayd King and commendation of the Archbishop Athelard he declareth that according to the Canons of holy Church and institution of S. Gregory the first which institution he saith he found extant in the Recordes of the Roman Church he determined that all the Bishops and Bishoprickes of Mercia should retourne to the obedience of the Sea of Canterbury againe then for more commendation dignity and authoritie of the Archbishop Athelard he hath these wordes VVe by the authority of S. Peter Prince of the Apostles whose place though vnworthily me doe hold haue giuen vnto him such preheminence as if any one of his subiects whether they be Kings or Princes or any of the people shall transgresse the commaundements of God he may excommunicate them vntill they repent and if any repent nât and marke that the King and his Princes also are declared to be subiect to him and to his Ecclesiasticall Censures let them be held ââ heathens and Publicanes So he And by these two examples of King Offa and Kenulphus in their recourse to Pope Adrian and Leo the third in so great an affaire as this was concerning their state dominions we may easily see what accompt they made in those dayes of the Popes authoritie in like cases and they neuer so much as dreamed that themselues by right of their temporall Crownes had power or right to determyne the same 33. I might adde to this consideration of missions out of our Realme into diuerse countryes for preaching the word of God which allwayes was done by the Popes order and commission not by temporall princes as all examples doe testifye both the sending of our Apostles first preachers Augustine Laurence Paulinus Iustus Mellitus Honorius Theodorus into England as also when Germany Frizland and other Countries were by Gods holy prouidence and appointment to be conuerted by English-men Bonifacius VVillebrordus and others they tooke not their mission from temporall Princes but from the Popes no not of the Princes of the places themselues For when S. VVillebrord was to goe to preach in Frisia which newly by force of armes King Pipin had subdued Florentius writeth thus VVillebrord hauing obteyned licence of Prince Pipin to goe and preach in Frisia went to Rome to aske licence of Pope Sergius that he might begin his worke of preaching which hauing obteyned he began the same Anno. 693. foure yeres after he was made Archbishop of the sayd Countrey by the Sea Apostolicke as S. Bonifacius was of the Germanes 34. And so much of this third demonstration might suffice because we haue byn ouerlong already but that I cannot well omit one other consideration of moment to the same purpose which is of certaine dispensations vsed to be procured froÌ Rome in those auncient times afterward for quetting of mens consciences when any scruple fell out As for example When King Egbert the first famons Monarch of our English Realme dyed vpon the yeare of Christ 839. as Stow reckoneth the yeares though others assigne it some yeares before there remayning vnto him one only child called Adelnulfus or Ethelwolfus or Adulphus for by all these three names there is mention of him in diuers authors who being brought vp Sub Sanctissimo padagâgo Swithunâ saith Malmesbury vnder the most holy scholmaister S. Swithyll Bishop of VVinchester was at length made subdeacon as the same author saith of that Church some other as Stow citeth doe affirme that he was made Bishop of VVinchester and Abbott of Geruaux
but his said Father being dead and none other left of the bloud-royall to succeed him he was persuaded for the publicke good of his Countrey vpon the dispensation of Pope Leo the third procured by his Father before notwithstanding his said holy Order of Subdeaconship to accept the Crowne and marry so he did Concedente Leone illiuis nominis tertio ex gradu Subdiaconi VVintoniensis in Regem translatus est By the concession or dispensation of Pope Leo the third he was translated from the degree of a Subdeacon in the Church of VVinchester to the Crowne-royall So Malmesbury Wherevnto both he and Stow doe add that he married soone after Iudith daughter to Charles the great King of France by whom he had foure sonnes which all succeeded him after in the Crowne and he liued so long as he sent his fourth son Alured or Alfred a goodly young Prince at that tyme to be brought vp in Rome vnder Leo the fourth of that name which began to sitt in that Sea vpon the yeare 847. to whome K. Ethelwolfe went also after himself in person and receaued many fauours and spirituall graces from him And thus doe write our auncient historiographers in this matter 35. The other example may be of King Edward the Confessor who hauing made a vow to goe in person to Rome and being dissuaded from the same by the consent of his whole realme for the daungers of the wayes in those troublesome tymes and for the necessity of his presence at home was forced to aske dispensation of his vow at the handes of Pope Leo the nynth whoe graunted the same willingly as appeareth by his letters therof written appointing him to bestow in almes vpon the Monastery of VVestminster what otherwise he should haue spent in his iourney and the same was confirmed after againe by Pope Nicoââs the second vnto whome the said King wrote also for the confirmation of Pope Leo his sentence that succeeded in the Sea of Rome though not immediatly after the former as by diuers clauses of both their letters which we will produce in the next ensuing chapter doth most euidently appeare 36. And for other two examples after the Conquest to omit the rest may serue first that of King Iohn who sued to Pope Innocentius the third to be dispensed withall for his oath which he had made to the Barons of England vpon feare and coaction as he pretended wherof more afterward shall be said when we come to treat of his life and raigne in particular And the other of King Henry the seuenth who procured from Pope Iulius the second that notorius dispensation for Prince Henry his sonne to marry the Princesse Katherine of Spaine left by his brother Arthur wherabout there was so much adoe afterward for auoyding the force therof when their diuorce was treated in England and elswhere abroad Others I omitt because these alone are sufficient to shew what opinion was held from time to time by the Kings of England concerning the Popes soueraigne supreme authority in spirituall matters belonging to conscience and direction of soules farr different yea quite contrary to that which M. Attorney would persuade his Reader Now let vs passe on to some other Demonstrations The fourth Demonstration 37. The fourth argument is gathered out of that which before we haue mentioned in the precedent chapter of confirmations of Churches Hospitalls Monasteryes and other pious workes that are to be perpetuall and of priuiledges immunityes and exemptions graunted thervnto which alwaies were demaunded of the Sea Apostolike in these dayes as they are now in ours and their foundation was neuer held for firme to perpetuity without the said confirmation and ratification of the Bishop of Rome which is a signe that they acknowledged his supreme spirituall authority and that it was not in their temporall Kings especially for so much as the said Kings themselues did sue to Rome for such confirmation ratification and spirituall priuiledges as the workes by them founded had need of 38. And of this infinite examples might be shewed throughout all this tyme before the Conquest but I must moderate my self as well in this as in the former and therfore shall touch some few only and those all as briefly as I can for that this chapter groweth to be ouerlong We haue shewed how King Ethelbert âor the first Monastery that euer was in England within foure yeares after his conuersion procured confirmation and exemption therof from S. Augustine Archbishop and Legate of Pope Gregory and how S. Mellitus some yeares after that being the third Archbishop of the same Sea went to Rome in person about the confirmation of his Monastery of VVestminster by Pope Bonifacius and how Pope Honorius after him againe graunted priuiledges to the Churches of Canterbury and Yorke at the petition of King Oswyn of Northumberland of King Egbert of Kent And this course was held afterward by all other Kings in the founding of Churches Monasteries and other pious workes to wit that they made recourse vnto Rome and the Bishops therof for the confirmation ratification establishment priuiledges exemptions of the same in spirituall matters which by all likelyhoode they would not haue done if these Kings had thought themselues to haue had sufficient authoritie from their Crownes to doe the same without dependance from the Sea Apostolicke 39. We reade in S. Bede that in the time of King Egfrid and S. Theodorus before meÌtioned the seuenth Archbishop of Canterbury about the yeare of Christ 680. one Biscopus an Abbot otherwise called Benedict hauing by the licence and liberality of the said King builded a Monastery neere to the mouth of the riuer VVyer went by consent of the sayd King to Rome to aske confirmation and priuiledges of Pope Agatho He demaunded and receaued saith S. Bede of Pope Agatho a letter of priuiledge confirmed by his Apostolicall authority for the defence and strengthning of the liberty of his Monastery according to the will and meaning of King Egfrid by whose licence and liberall gift of lands aud possessions he had erected the same Monastery So Bede Who also in another parte of his workes writing the life of S. Bertolphus a holy Abbot saith that in the dayes of Honorius the Pope for that a certaine Bishop went about to molest the said holy mans Monastery he made a iourney to Rome to demaund franquises and exemption for the same from the said Episcopall authority Cui praebuit saith Bede optatum munus sanctus Papa priuilegia scilicet Apostolicae sedis quatenus nullus Episcoporum in praefato Coenobio quolibet iure dominari conaretur Vnto which holy man the holy Pope Honorius gaue the gifte which he desired to wit the priuiledges of the Apostolicall Sea to the end that no Bishop vnder any preteÌce of right whatsoeuer should goe about for the tyme to come to take vpon him any dominion in that his Monastery 40.
Furthermore some few yeares after this againe vnder Pope Sergius there went to Rome to be baptized the famous young King Ceadwalla of the West-saxons of whome Malmesbury saith Tantum etiam ante baptismum inseruierat pietati vt omnes manubias quas iure Praelatorio in suos vsus transcripserat Deo decimaret He did obserue such piety euen before his baptisme as he gaue to God the tythes of all his spoyles which he had applied to his owne vse out of the bootyes he had gotten of his enemyes Of whose baptisme and death in Rome we shall haue occasion to speake after To whome the famous King Inas succeeded both in his Kingdome and vertues And with both of them was insingular credit the holy Abbot S. Adelmus afterward by the said Inas made Bishop of Shirborne who going to Rome with the said Ceadwalla retourned after his death and carried with him saith Malmesbury Priuilegium quod pro libertate Monasteriorum suorum ab Apostolico Sergio impetrauerat quod libens Inas confirmauit multa Dei famulis eius hortatu contulit ad extremum renitentem Episcopatu honorauit He brought from Rome the priuiledge for the liberties or franquises of his Monasteryes which he had obteyned of Sergius Bishop of the Sea Apostolicke which priuiledge King Inas did willingly confirme and by his persuasions did bestowe many benefits vpon Gods seruants and last of all honoured him also with A Bishopricke to witt of Shirborne though he resisted the same what he could 41. And moreouer he saith of the same King of his respect vnto the aforesaid Saint and learned Bishop for Malmesbury saith he wrote an excellent booke of virginity dedicated to the Nunns of Berkensteed wherby many were moued to that holy kinde of life eius pracepta audiebat humiliter suscipiebat granditer adimplebat hilariter King Inas did harken to the precepts of Adelmââ with humility receaued the same with great estimation and fulfilled them with alacrity And this point concerning the priuiledges of Monasteries fell out about the yeare 687. and in the number of these Monasteries the same Malmesbury treating of the yeare 1140. in King Stephens time saith that the Abbey of Malmesbury was one and in the former he signifieth that Inas obteyned also the like priuiledges for diuers Monasteryes Regâis sumptibus nobiliter a se excitatis Nobly erected by him with royall expences and that the Abbey of Glastenbury was one whose most ample priuiledges both from Popes and diuerse Princes were renewed and ratifyed againe largly in K. Henry the second his time as all our historyes doe sett downe 42. And all this hapned out in the first age of our primitiue Church and it would be ouerlong to run ouer the rest with like enumeration but yet some few more examples we shall touch as they offer themselues in order And first we read that immediately after this first age to wit in the yeare of Christ 70â two famous Kings Kenredus of the Mercians and Offa of the East-saxons leauing voluntarily their Kingdomes and going vpon deuotion to Rome there to leade and end their liues in prayers almes other pious exercises there went with them as ghostly-father and directour of that deuout iourney as after more largely shal be shewed Egwyn third Bishop or VVorcester as Florentius declareth who retourning home required of them as it semeth no other reward but that by their intercession and his owne he might obteyne of Pope Constantine and Charter of priuiledges for a monastery of his newly erected within the territory of VVorcester which the said two Kings had endued with many temporall possessions and so he did and retourned with great contentment for the said priuiledges and exemptions obteyned for his foresaid Abbey of Euesham for soe it was called And by this we see that he did not holde his said Abbey for secure and well defended by the prouisions of the said Kings except he had obteyned also his confirmation therof from Rome 43. Next after this we read of the foresaid famous King Offa of the Mercians who meaning to buylde a royall stately Monastery vnto the protomartyr of EnglaÌd S. Alban went to Rome to Pope Adrian to aske licence confirmation and priuiledges for the same vpon the yeare as Matthew of VVestminster writeth 794. and among other exemptions to vse his owne wordes that he might haue it ab omni episcoporum subiectione emancipandum that is to say that it might be free and exempted from all subiection of Bishops which the Pope graunted willingly as appereth by his letter vnto the said Offa wherin among other things he saith Fili charissime c. Most deare chyld and most potent King of the English Offa we doe commend greatly your deuotion concerning the protomartyr of your Kingdome S. Alban and doe most willingly giue our assent to your petition of buylding a Monastery in his memory and doe priuiledge the same c. Wherfore by the counsayle of your Bishops and noble men you may make your Charter and afterward we shall confirme and strengthen the same with our letters and exempt the sayd Monastery from all authoritie of Bishops and Archbishops and subiect it immediatly to this our Apostolical Sea So VVestminsterâ wherby we may see that this potent King Offa did not pursuade himself that he had authoritye by the right of his crowne to giue Ecclesiasticall exemptions to the monasteries of his realme though they were of his owne founding which yet M. Attorney as you haue seene in the former chapter would needes proue by the example of K. Kenulsus about whose tyme as before hath byn alleaged out of Marianus Scotus Bishop Rethurus was sent to Rome to obteyne priuiledges for the Abbey of Abindon from the Sea Apostolicke as he did 44. But before we passe from this example of King Offa let vs heare the words of Mathew Paris about this fact Ipse insuper sayth he Rex Offa in quantum potuit aliquis Rex Coenobium sancti Albani quod ipse magnificè fundauit liberum esse constituit in temporalibus vt ipsum liberum faceret in spiritualibus Romam in proprio corpore adijt This K. Offa moreouer so much as a king might doe made the monastery of S. Albanes which himself magnificently had founded free in all temporall affaires and that iâ might in like maÌner be free or haue priuiledges in spirituall matters he went in proper person to Rome c. Behold the distinction how a King could giue libertyes and priuiledges in temporall things but could procure them only in spirituall from the Sea Apostolicke which is quite opposite to all that M. Attorney affirmeth but let vs goe forward 45. After this againe we reade in VVilliam of Malmesbury of the greate and godly King Edgar who ruled ouer all England that he hauing a speciall deuotion to the fore-mentioned Abbey of Glastenbury wherevnto he had giuen great
possessions sent a solemne embassage to Rome vnto Pope Iohn the thirtenth at the very same tyme when there was a Synode there gathered togeather to witt vpoÌ the yeare 971. beseeching the said Pope that he would confirme the priuiledges already graunted by the said King vnto the Monastery of our blessed Lady in Glastenbury behold how the King graunteth priuiledges vnder ratihabition in hope of ratification by the Pope and so saith Malmesbury direxit chârographum Regiae liberalitatis orans vt ipse hoc roboraret scripto Apostulicae auctoritatis And the King directed vnto the said Pope letters written with his owne hand testifying his princely liberality bestowed vpon the same Monastery beseeching that the Pope also would strengthen the same with some writing of his Apostolicall authority Which embassadge of the Kings Pope Iohn receauing benignly and by the vniforme consent of the Councell gathered togeather confirmed the said priuiledges of K. Edgar by an Apostolicall rescript and not only did he confirme that which Edgar had done before but added diuerse spirituall priuiledges besides saying amongst other things thus VVe yelding to the humble petion of King Edgar and Archbishop Dunstane doe receaue the said place of Glastenbury into the bosome of the Roman Church and into the protection of the blessed Apostles endewing and strengthning the same with diuerse priuiledges namely that the Monkes may chuse vnto themselues a Pastor or Abbot of their owne in whose power it shal be to prefer Monkes and Clerkes vnder him to holy orders that no man may molest them take or retayne any thing of theirs c. Concluding in the end thus In the name of the Father the Sonne the holy Ghost c. euerlasting malediction to the breakers therof Whervnto Malmesbury addeth this contemplation perpendant ergo contemptores tantae comminationis quantae subiaceant sententiae excommunicationis Let the contemners of so great a threat or commination consider how heauy a sentence of excommunication they doe vndergoe So he A thing no doubt worthy to be remembred in these our dayes 46 And many more examples of like priuiledges might be alleadged vnder the same King Edgar confirmed mutually by the Pope and King and namely one related by Ingulphus which was giuen by a Charter of the said King vpoÌ the yeare 970. subscribed by himself and thirty two other witnesses to the Monastery of Medeshamsteed now called Peter-burrow Ego Edgarus totius Albionis Basileus c. I Edgar King of all Albion doe graunt most willingly that the holy Apostolicke Monastery of Medeshamsteed shall be free for euer from all secular causes seruices that no Ecclesiasticall or lay man shall haue dominion ouer the same or ouer the Abbot therof c. And moreouer that it be secure eternally from all worldly yoke and that it remayne free from al Episcopall exaction and molestation according to the libertyes giuen therunto by the Sea Apostolicke and the authority of the most Reuerend Archbishop Dunstan c. And furthermore we haue thought good to corroborate by this Charter the said priuiledges from the Sea Apostolicke of the Roman Church according to the first institution of the said Monastery which whosoeuer shall presume to infringe let him be damned eternally to hell-fyer by the punishment of the high Iudge S. Peter all the order of Saints Thus far that charter 47. And finally not to goe further in this argument wherof infinite examples might be alleadged I shall end with one only more to shew the perpetuity and continuance of this vse taken out of the fifth age of our English Church to witt of King Edward the Confessor not long before the Conquest who hauing a great desire to enlarge the Monastery of VVestminster with new buyldings and possessions dealt with two Popes therin to witt Leo the nynth and Nicolas the second asking their approbation and confirmation therof which they graunted one after the other Leo wrote backe vnto him in these wordes Leo episcopus servus seruorum Dei Dilecto silio suo Edwardo Anglorum Regi salutem Apostolicam benedictionem And then he beginneth his letter Quoniam voluntatem tuam laudabilem Deo gratatu cognouimus c. For that we haue vnderstood your intention to be laudable and gratefull to God c. We doe agree vnto the same and doe commaund by our Apostolicke authoritie that whatsoeuer possessions you haue giuen or shal giue vnto your said Monastery of VVestminster it be firme and appertayne vnto the Monkes and that the said place be subiect vnto no other lay person but only to the King And whatsoeuer priuiledges you shall there appoint to the honour of God we doe graunt the same and confirme the same by our most full authority and doe damne finally the breakers therof vnto euerlasting malediction 48. Thus Pope Leo the nynth who dying vpon the yeare of Christ 1054. two-other succeded within the space of foure yeares to wit Victor the second Stephen the tenth after whome succeded Nicolas the second vnto whome S. Edward made sute againe by a solemne embassage for confirmation of his said priuiledges of VVestminster and other affayres giuing this title to his letter as before hath bene noted To the highest Father of the vniuersall church Nicolas Edward by the grace of God King of England doth offer due subiection and obedience Wherunto the Pope answered in these wordes Nicholas Bishop and seruaunt of the seruaunts of God vnto the most glorious and pious Edwarde King of England most worthie of all honour our speciall beloued sonne doth send most sweete salutation and Apostolike benediction And after many louing and sweet speeches in the said letter he saith to the petition it self about priuiledges Renouamus ergo confirmamus augemus vobis priuilegia vestra c. We doe renew and confirme and encrease vnto you your priuiledges And for so much that this place of VVestminster from antiquity hath belonged vnto the Kings of England we by the authority of God and the holy Apostles and of this Roman Sea and our owne doe graunt permitt and most strongly confirme that the place for euer be of the iurisdiction of the Kings of England wherin their royall monuments may be conserued and that it be a perpetuall habitation of Monkes subiect to no person but to the King c. We doe absolue the place also from all seruice subiection of the Bishop c. and whosoeuer shall goe about to infringe or inuade or diminishe or vndoe any of these priuiledges we damne him to euerlasting malediction togeather with the traytor Iudas that he haue no parte in the blessed resurrection of Saints c. Thus he And with this shall we end this fourth consideration or argument whereby is sufficiently made euident if nothing else were how vayne and vntrue the imagination of M. Attorney was in the former chapter who by the pretence of
certayne words in the charter of K. Kenulsus to the Monastery of Abindon would seeme to persuade himself others that our English Kings in those dayes did take vpon them spirituall iurisdiction to giue priuiledges exemptions from Episcopall authoritie vnto Monasteryes and consequently that they had all supreme iurisdiction Ecclesiasticall in as ample manner as Q. Elizabeth tooke vpon her or was giuen vnto her by Act of Parlament which is a most euident dreame as you see The fifth Demonstration 49. Now then to passe to the fifth argument which maketh matters yet more manifest the same is taken from the consideration of Appeales when any controuersie fell out either betwene the King and his Bishops or betwene any lay power and Ecclesiasticall or betwene Bishops and Churches themselues which Appeales shall neuer be read to haue byn made in these times before the Conquest either to the King or to his secular Courtes but rather to the Archbishop of Canterbury or to the Pope for the tyme being 50. And albeit in this time of religious feruour of our Engââââ Kings there were fewer occasions giuen of Appeales to the Sea Apostolicke then after the Conquest when Kings were lesse deuout and sometymes more violent as may appeare by the examples of S. Anselme S. Thomas S. Edmond all three Archbishops of Canterbury Thurstan S. VVilliam Gaufred Archbishops of Yorke S. Richard of Chichester Hugh of Durham to speake nothing of that notorious Appeale betwene Richard of Canterbury against King Henry the third and Hubert Earle of Kent and diuerse others as is euident by the histories of our Countrey in which we fynde that alwaies the Bishops for remedy of such aggrieuaunces as either by the Kings Nobility or others after the said Conquest were layd vpon them or their Churches made their recourse for succour to the Sea Apostolicke yet before the Conquest also though the occasions as I said were not so frequent sometimes they were driuen to vse the benefit of this remedy as we see in the two Archbishops of Canterbury Lambert and Athelard before mentioned vnder King Offa and Kenulfus of the Mercians and before that againe in the famous cause of S. VVilfryd Archbishop of Yorke who in the very first age after our conuersion was twice put out of his Bishopricke and forced to appeale to Rome first by Egfryd King of the Northumbers and then by Alfryd his successour with the concurrence against him of certaine Bishops And both times he appealed vnto Rome as S. Bede declareth and to follow his appeales went thither twice in person and was twice absolued first by Pope Agathâ in a Synode of an hundred twenty and fiue Bishops vpon the yeare of Christ 679. and the second tyme by Pope Iohn the seuenth six and twenty yeares after to wit vpon the yeare 705. Of the first absolution S. Bede himself writeth that he was not only found innocent and thervpon cleered by the Pope and whole Synode as hath byn said but that they thought good likewise to giue him his place in the said Councell and to note his absolution and the speciall respect borne vnto him in the very acts of the sayd Councel holden against the Monothelites in these words VVilfryd the beloued of God Bishop of the Citty of Yorke hauing appealed to the Sea Apostolike in his cause and being absolued by the authority of this Councell in all things both certaine and vncertaine was placed in his seat of IudgemeÌt togeather with an hundred twenty fiue his fellow-Bishops in this Synod and hath confessed the true and Catholike faith and confirmed the same by his subscription for himselfe and all the north partes of Britanny and Ireland which are now inhabited by English-men Britanes Scotts and Picts 51. Thus relateth Bede of S. VVilfrids first appellation and most honourable absolution in Rome and that then retourning to his countrey he conuerted the kingdome of the South saxons and that afterward againe being inuyted by King Alfred that succeeded Egfryd to returne to his Bishopricke of Yorke heat length vpon persuasion of good men accepted therof But after fiue yeres he was expulsed againe by the said Alfred and appealed againe to the Sea Apostolike and went to Rome to Pope Iohn the seuenth as hath byn said who hearing his cause in the presence of his aduersaryes and accusers togeather with many Bishops that did sit in IudgemeÌt with him Omnium iudicio probatum est c. saith Bede It was proued by the iudgement of all that his accusers had deuised certaine calumniations against him whervpon he was absolued and letters were written saith Bede by the foresaid Pope Iohn vnto Alfred and Edelrede Kings of England that they should cause him againe to be receaued into his Bishopricke for that he had byn vniustly condemned This is the summe of the story breifly sett downe by S. Bede But VVilliam of Malmesbury writeth the same to witt both these appellatious of S. VVilfryd much more at large telling how the first persecution against this holy Bishop had beginning from the enuy of Queene Ermenburga second wife to King Egfryd of the Northumbers who vnderstanding that his first wife Ethelreda did loue reuerence much this good man she thought it a sufficient cause for her to hate him and so incensing first the King her husband against him by saying that he was rich and that many gaue their goods vnto him to build Monasteryes she drew by little little the King to mislike him as also she did by like meanes sleights incense the good Archbishop Theodorus of Canterbury to impugne and contradict him 52. The same Malmesbury also setteth downe the particulars that passed in that Councell wherin he was absolued at Rome and how at his retourne into England with the Popes letters the said Theodorus Archbishop of Canterbury repented himself much that he had byn drawne against him and wrote earnest letters vnto King Alfred that had succeeded Egfrid that he would admit him againe into his Archbishopricke of Yorke saying among other words Et ideo charissime te admoneo in Christi charitate pracipio tibi c. And therfore most deere King I doe warne you and in the loue of Christ doe commaund you Ego Theodorus humilis Episcopus decrepita aetate hoc tuae beatitudini suggero quia Apostolica hoc sicut scis commendat auctoritas vir ille sanctissimus in patientia sua possedit animam suam c. I Theodorus humble Bishop of Canterbury in this my broken old age doe suggest this vnto your Happines or Maiesty both for that the authority of the Sea Apostolike as you knowe doth commend it to be done and the holy man VVilfryd hath according to the saying of our Sauiour possessed his soule in his owne patience and most humbly and myldly forgetting the iniuries done vnto him hath followed the example of his head and maister Christ and hath expected the
Catholike that were repugnant or contrary to the Canonicall lawes of the vniuersall Church and Sea of Rome in those ages wherof againe ensueth that M. Attorney that telleth vs so often of the ancient and most ancient CoÌmon-lawes of England cannot presume to haue any law for him and his assertion within this compasse of 466. yeres before the Conquest for that those that should make or leaue vnto vs these lawes were all of a contrary iudgement and religion vnto him in the very point which he treateth of spiritual Iurisdiction As for example 63. There raigned in Kent in the first age of our primitiue Church successiuely these Kings to witt Ethelbert Eadbald Ircombert Egbert Lotharius Edrycus and VVithredus and their Archbishops of Canterbury by whome they gouerned themselues in spirituall matters were Augustine Laurence Mellitus Iustus Homrius Deusdedit Theodorus and Britwaldus And in London Mellitus Ceddus VVyna Erkenwald VValdherus and Ingualdus And in the sea of Rochester Iustus Romanus Paulinus Thamarus Damianus Putta Qââchelmus Germundus and Tobias All these kings with all these Bishops were of one and the self same religion and of one iudgement and sense in Ecclesiasticall matters and so were all the rest of the Christian Kings togeather with their Bishopps in other Kingdomes of the land And the like I might shew throughout all the other foure ages that ensue after this first before the Conquest And how then is it possible that these Princes with these Bishops and Counsaylours and with their people conforme to them in the same religion should make or admit lawes contrary to the common sense of the Catholike vniuersall Church in those daies concerning Ecclesiasticall Iurisdiction And this is a demonstration which morally conuinceth and cannot by any reasonable man be denyed Whervnto I may adioyne that if they had made any such law coÌtrary to the common sense of the generall Church in Church-matters they would haue byn noted and reprehended for it or at leastwise some memory would haue byn left therof by historiographers tradition register or some other monument which is not found nor euer will be And this shal be sufficient for this demonstration wherby occasion is giuen to the ingenious reader to prosecute the same and discourse further of himself and to consider how metaphysicall an imagination that of M. Attorney is of auncient lawes made in the ayre and no where extant contrary to the sense and iudgement both of Prince and people in those tymes The seuenth Demonstration 64. An other Demonstration not much vnlike vnto this may be taken from the view of externall Kingdomes in this tyme before our English Conquest to wit what they taught what they beleeued and what they practized in this point concerning Ecclesiasticall Iurisdiction whether they deriued it or acknowledged the same in or from their temporall Kings or from their Bishops and Sea Apostolike of Rome For if they did the later then is it most certaine that all the Kings Kingdomes and people of England did the like for that otherwise they should haue byn noted and taxed as hath byn said for some discrepance diuision disagreement sedition schisme or singularity in this behalfe which is not read of Nor can M. Attorney or any Attorney else whomesoeuer he can take vnto him for his helpe in this matter euer shew me any one word of auncient testimony for proofe therof and thervpon may we confidently conclude that there was neuer any such thing 65. But now what was the doctrine vse and practise of all the rest of Christendome besides concerning Ecclesiasticall Iurisdiction deriued from the Sea Apostolike of Rome as the head fountaine therof throughout all this tyme wherof we speake before our Conquest it shall be inough to cast our eyes only vpon the vniuersality of all writers in those dayes whose volumes are full of narrations apperteyning to this effect as namely of Bishops made throughout all Kingdomes by ordinaunce and authority of the Bishop of Rome Of Churches Abbyes Monasteryes Hospitalls confirmed and priuiledged by the said authority Of Kings and Emperours also annoynted by them and their authority for the spirituall temporall good of Christendome And in this very tyme wherof we talke happened the mutation of the Kingdome of France from Chilpericus to Pipinus and Charles his sonne and of the Roman Empire from the Grecians vnto the said Charles of the said Empire from the French to the Germanes by the authority of the Pope of Rome and infinite other publike testimonyes of supreme spirituall iurisdiction exercised ãâã where by that Sea with the approbation of all the worlde And no one example can be alleadged of any such power or iurisdiction pretended or exercised by any Prince temporall whatsoeuer throughout all the Christian world in this tyme by vs prescribed 66. And for so much as by this argument we presume that our English Kings and Princes ran vnitedly in all points of religion with others abroade for that they were neuer noted of any difference or opposition as hath byn said it followeth by good deduction and inference that no such Common-law as M. Attorney imagineth could haue place among them deriuing spirituall and Ecclesiastical iurisdiction from the right of Princes temporall Crownes and excluding that of the Sea Apostolike For in case that any such law had byn made it would haue byn extant either by writing or tradition and if it had byn Common as often here it is called it would haue byn knowne by some one at least besides M. Attorney for that community importeth participation with many how then could there be any such Common-lawes in those dayes which no man knew no man recorded no man euer thought or dreamed of as by all circumstances of those tymes and men and state of things may be presumed And if any such thing had byn deuised in those dayes it must needs haue byn reiected and impugned as singular schismaticall or hereticall for that it would haue byn contrary and contradictory to the common sense iudgement whole current of that time And let this suffice for this consideration The eight Demonstration 67. The eight Demonstration in this matter may be the extraordinary deuotion of our auncient Kings before the Conquest towardes the Sea of Rome in making their Kingdomes tributary thervnto euen in temporall things also which is a signe that they meant not to deny vnto that Sea her spirituall iurisdiction which from the beginning had byn exercised by the same in our countrey seeing voluntarily likewise they gaue her teÌporall iurisdiction in gathering and axacting this tribute of euery house throughout the Realme which beginning from K. Inas as all our Authors doe agree aboue 900. yeres gone hath byn continued euer since vnder the name of Peter-pence for that they were first giuen to S. Peter and to his Successours the Bishops of Rome vntill the later part of K. Henry the eight his raigne euen in the
greatly this violent seuerity towards Ecclesiasticall persons One thing saith he among so many excellent monuments of your royall vertues doth greatly mislike and afflict me and contristate my louing heart towards you that in the taking and detayning prisoner your brother Otho Bishop of Baion you had not that care which was conuenient of your Princely reputation but did prefer the secular caution of your temporall state before the law of God in not bearing more reuerence vnto Priestly dignity So he 4. And this very same violent nature of K. VVilliam who had byn a souldiar and borne armes and brought vp in continuall bloud-shed from eight years old as himself testifieth was that which pious and learned Lanfranke nominated chosen Archbishop of Canterbury after the deposition of the foresaid Stygand did so much feare and mislike at his first comming into England as may appeare by an epistle of his to Pope Alexander the second that had commaunded him sore against his will to leaue his monasterie in Normandy and to take that Archbishoprick vpon him but now being come into England and seeing how matters did passe there he was vtterly dismayed and besought the Pope by all means possible and by all the most effectuall wayes of persuasion he could deuise that he might be rid of it againe Your legat said he hauing gathered a Synod heer in Normandy commaunded mee by the authority of the Apostolike Sea to take the gouernment of the Church of Canterbury vpon mee neither could any resistance of my parte by laying forth the weaknes âf my body the vnworthines of my person the lack of skill in the English tongue the barbarousness of the people nor any other such excuse take place with them wherefore at length I gaue my consent I am come hither into England and haue taken the charge vpon me wherin I find so great trouble and affliction of mind such rediousnes of my soule such want of courage in my self such perturbations such tribulations such afflictions such obdurations such ambition such beastlynesse in others and doe euery day heare see and feele such misery of the Church as it loatheth me to liue and am sory that I haue liued vnto this day For as the euils are great for the present so doe I expect far greater for the time to come c. Wherfore I doe most humble beseech your Highnes euen for Gods sake and for your owne soule that haue bound me to this charge that you will absolue me againe let me returne to my monasticall life which aboue all things in this world I loue and desire and let not me haue denyall in this one petition which hath both piety iustice and necessity in it c. 5. So wrote the Archbishop Lanfrank And that the most of this was meant in respect of difficulties with K. VVilliam himself it may be gathered by that in the same letter he desireth the Pope to pray for the said King VVilliam and among other points Vt cor eius ad amorem suum Sanctae Ecclesia spirituali semper deuotione compungat That God allmighty will stir his heart to loue him and his holy Church and bring it to compunction by spirituall deuotion For this was the thing that King VVilliam had most need of to wit spirituall compunction with a tender conscience whose affections were more out of order commonly then his iudgement which himselfe confessed with great lamentation at his death as you may read in Stow and other Authors For he I meane the King hauing related his hard proceedings in England he said that he was pricked and bitten inwardly with remorse and feare considering that in all these actions saith he cruell rashnesse hath raged And therfore I humbly beseech you ô Priests and ministers of Christ to commend me to the allmightie God that he will pardon my sinnes wherwith I am greatly pressed c. And wheras a little before he had raged in his warres against the Towne of Meaux in France and had burned diuers Churches therin and caused two holie men Anchorites to be burned in their Cells wherin they were included which might seem to be an act of no very good Catholike man God stroke him for it presentlie yet was not this of iudgement but of rage to vse his owne word and he sorely repented the same soone after and sent a great summe of money saith Stow to the Cleargie of Meaux that therby the Churches which he had burned might be repayred 6. And the same might be shewed by a like passionate accicident that fell out on the 13. yeare of his raigne and of Christ 1079. when hauing vpon ielousie of his estate forbidden that anie of his Bishops should goe ouer the sea to Rome Pope Gregorie the 7. wrote a sharpe reprehension therof to be denounced vnto him by Hubert his legat then residing in England saying that it was Irreuerentis impudentis animi praesumptio c. the presumption of an irreuerent and immodest mind to prohibite his Bishops to make recourse to the Sea Apostolike Which reprehension made him so enter into himself as he sent two Embassadours to Rome in Company of the said Hubert when he returned to excuse the matter and shewed himself afterward a most obedient and faithfull child to the said Church euen in that troublesome and tempestious time when Henry the Emperour with all forces impugned the same as appeareth by the letters yet extant of the same Pope Gregorie vnto him 7. Wherfore hauing premissed this for K. VVilliam and all his Successours of the Norman French English race in number aboue twentie for the space well neere of 500. years vntil K. Henry the 8. that whatsoeuer some particular actions of theirs vpon interest anger feare preuention of imagined daungers coÌpetency or some other such like motiue may seeme to make doubtfull sometimes and in some occasions their iudgment or affection to the supreame Ecclesiasticall power and iurisdiction of the Sea Apostolike of Rome yet were they indeed neuer of anie contrary opinion faith or iudgment but held the very same in this point which all their auncestors the English Kings before the Conquest did and all Christian Princes of the world besides in their dayes And for K. VVilliam Conqueror in particular the seueral reasons that doe ensue may easilie conuince the same Reasons that shew VVilliam Conquerour to haue acknowledged euer the Authoritie of the Sea Apostolicke §. I. 8. First that before he would take in hand or resolue anie thing vpon the enterprice of England as already we hane notedâ he sent his whole cause to be considered of examined and iudged by Pope Alexander the second shewing him the pretence he had by his affinity to K. Edward the Confessor deceased as also the said Kings election and nomination of him by testament the vnworthines of Harold the inuader the occasion of iust warre which he had giuen him
the same Archbishops returning the yeare following to England againe the said Pope Alexander wrote to K. VVilliam by them Alexander Episcopus Seruus Seruorum Dei Charissimo filio Gulielnio glorioso Regi Anglorum c. Wherein after he had tolde him Inter mundi Principes Rectores egregiam vestrae religionis fanâam intelligimus that among all the Princes gouernours of the world wee haue heard the singular fame of your religion exhorting him to goe forward in the same for that perseuerance only to the end is the thing which bringeth the Crowne of euerlasting reward he toucheth also diuers points of defending Ecclesiasticall persons and libertyes of the Church of releeuing oppressed people vnder his dominion telling him that God will exact a seuere accoÌpt therof at his hands which no doubt was meant principally of the oppressed English nation by him wherof Lanfranke secretly had informed the said Pope After all this I say he telleth him of certaine busines that he had committed to Lanfranke to be handled in England in a Synod to be gathered there as namely about the preheminence of the two Archbishopricks Canterbury and Yorke And also to heare againe and define the cause of the Bishop of Chichester deposed before by his legats And finally he concludeth that he should beleiue Lanfranke Vt nostrae dilectionis affectum plenius cognoscatis reliqua nostrae legationis verba attentius audiatis that by him you may more fully vnderstand the affection of our loue towards you as also heare more attentiuely the rest of our legation committed vnto him c. Where he speaketh to the King as you see like a Superiour And Iohn Stow reciting the history of the said Synod gathered about these matters in England the yeare following at VVindesor hath these words taken out of auncient historiographers This yeare by the commaundement of Pope Alexander and consent of King VVilliam the Conquerour in the presence of the said King his Bishops Prelates and Nobility the primacy which Lanfranke Archbishop of Canterbury claymed ouer the Church and Archbishop of Yorke was examined and tryâd out c. Heere then was no repining of King VVilliam at the Popes authority in those dayes but all conformity rather with the same 13. I might alleadge many other examples to this effect as that which Stow writeth in the 17. yeare of the raigne of K. VVilliam and yeare of Christ 1083. that VVilliam Bishop of Durham by leaue of the King and nobles of the Realme went to Rome and obtained of Pope Gregory the 7. to bring the Monks from Tarrow and Yarmouth into the Cathedrall Church of Durham where he gaue to them lands Churches ornaments c. all which saith he K. VVilliam the Conqueror confirmed by his charter in confirmation no doubt of the Popes Charter which to procure he went to Rome and he had licence thervnto from the King and nobles that were sounders of that Church which licence they would neuer haue graunted if they had thought that the matter had appertained only to the King at home in his owne countrey and not to the Pope 14. And in the very same yeare K. VVilliam as before we haue touched being entred into great iealosie of the ambition and aspiring mynd of his halfe-brother Otho Bishop of Baion Earle of Kent least with his Councell and riches he might assist his sonne Roâârt and others that did rise in Normandy against him or as some thinke desirous to sease vpon his great riches and wealth which he gathered togeather he suddenlie returned from Normandy to the I le of VVight where he vnderstood the said Otho to be in great pompe pretending to goe to Rome and at vnawares apprehended him but yet for excuse of that violent fact upon a Bishop he made first a long speach vnto his nobles there present shewing that he did it not so much in respect of his owne temporall security as in defence of the Church which this man oppressed My brother saith he hath greatly oppressed England in my absence spoyled the Churches of their lands and rents made them naked of the ornaments giuen by our predecessours the Christian Kings that haue raigned before me in England and loued the Church of God endowing it with honours and gifts of many kindes VVherefore now as we beleeue they rest reioycing with a happy retribution Ethelbert and Edward S. Oswald Athulse Alfred Edward the elder Edgar and my cosen and most deare lord Edward the Confessor haue giuen riches vnto the holy Church the spouse of God my brother to whom I committed the gouernment of the whole Kingdome violently plucketh away their goods c. 15. This was one excuse vsed by the Conqueror Another was as Stow recordeth that he said that wheras his brother was both Bishops of Baion and Earle of Kent he apprehended him as Earle of Kent and not as Bishop of Baion that is to say as a lay-person and not as an Ecclesiasticall And yet further when he was vrged about that matter by his owne Prelates he was wont to say as Stow and others doe also note that he did it by particular licence of the Pope and not only by licence but also by his decree and commaundement and so he protested at his death Wherby we see how little opinioÌ he had of his owne spirituall iurisdiction in this behalfe Of King VVilliam the Conquerour his lawes in fauour of the Church and Church-men §. II. 16. But no one thing doth more exactly declare the sense and iudgement of King VVilliam in these things then his particular lawes which are recorded by Roger Houeden an author of good antiquity who shewing that King VVilliam in the 4. yeare of his raigne calling togeather all his Barons Gouernours of Prouinces twelue expert men out of euery shyre did reveiw the auncient lawes both of the English and Danes approuing those that were thought expedient and adding others of his owne beginning with those that appertained to the libertyes exaltation of the Church Taking our beginning saith he from the lawes of our holy mother the Church by which both King and Kingdome haue their sound fundament of subsisting c. And then followeth the first law with this title De clericis possessionibus corum Of Clergie-men their possessions the law it self is writen in these few words but containing much substance Omnis Clericus etiam omnes Scholares omnes res possessiones corum vbicunque fuerint pacem Dei Sanctae Ecclesiae habeant Let euery Clergie-man and all schollers and all their goods and possessions whersoeuer they be haue the peace of God and of holy Church And afterwards he declareth what this peace of the Church is to wit that neither their persons nor their goods can be arested molested or made to pay tribute or otherwise troubled by any secular iudge whatsoeuer 17. And in the second law
which is intituled De temporibus diabus pacis Domini Regis Of the times and daies of peace and freedome of our Lord the King he doth explicate that it belongeth to the King and his officers to see these liberties of Ecclesiasticall peace franquises and freedome be exactlie obserued to Ecclesiasticall persons especiallie to punish them double which refuse to put in execution the Bishops sentence of iustice Quod si aliquis âi foris fecerit saith he Episcopus inde iustitiam faciat veruâtamen si quis arrogans pro Episcopali iustitia emendare noluerit Episcopââ Regi notum faciat Rex autem constringet malefactorem vt emendet cui foris facturum fecit scilicet primum Episcopo deinde Regi sic erunt ibi due gladij gladius iuuabit If anie man shall doe anie hurt to him that hath the peace of the Church let the Bishop doe him Iustice but if anie man will bee arrogant not make amends according to the sentence of iustice giuen by the Bishop let the Bishop make it knowne to the King or his Courts and the King shall constraine the malefactor to make amends to him vnto whom hee did the hurte to wit first vnto the Bishop and then to the King and so there shall bee two swords against malefactors and the one sword shall help the other And heere let be considered what he saith of two swords one in the Bishops hand and the other in the Kings and that this must assist that of the Bishops as the principall superiour which is conforme to the speach of K. Edgar if you remember whereof we made mention in the former Chapter and last demonstration therof Wherby is made euident that these auncient Kings beleeued not to any haue spirituall sword or authoritie by right of their Crowns but onlie the temporall to command punish in temporall affaires and to help and assist the others in causes belonging vnto them 18. The third law hath this Title De Iustitia Sanctae Ecclesiae Of the iustice of the holy Church and prerogatiue therof which she is to receiue in temporall tribunals In which law is determined in these words Vbicunque Regis iustitia vel cuiuscunque sit placita tenuerit si vllus Episcopus venerit illuc aperuerit causam Sanctae Ecclesiae ipsa prius terminetur Iustitia enim est vt Deus vbique prae caeteris honoretur Whârsoeuer the Kings Iustice or the Iustice of what other Lord soeuer shall hold pleas or keep courts if any Bishop come thither and open a cause of the holy Church let that cause of all other be first determined for it is iust that God be honoured euery where before all other Marke his reason why the expedition of the Bishops cause is to be preferred before that of the King for that he holdeth the place of God and thereafter must be respected 19. The fourth law hath this Title De vniuersis tenentibus de Ecclesia Of the priuiledges of all those that are any way tenants of the Church And then it followeth in the law Quicunque de Ecclesia aliquid tenuerit vel in fundo Ecclesiae mansionem habuerit extra curiam Ecclesiasticam coactus non placitabit quamuis foris fecerit nisi quod absit in Curia Ecclesiastica rectum defecerit Whosoeuer doth hold any thing of the Church or hath his mansion-house within the land of the Church shall not be constrained to plead any matter of his though he bee a malefactor out of the spirituall courte except which God forbid iustice could not be had in the said Ecclesiasticall court 20. These are the first lawes of all that were made by King VVilliam and after these doe ensue fiue more to the same effect of Churches priuiledges wherof the first hath this Title De reis ad Ecclesiam fugientibus Of malefactors that fly to the Church how they are to haue Sanctuary and protection The second De fractione pacis Ecclesiae Of breaking the peace of the Church that is to say of her priuiledges the breakers wherof are appointed to be sharply punished first by the Bishop then by the King if he be arrogant The third De decimis Ecclesiae maioribus Of the greater tythes belonging to the Church The fourth De minut is decimis Of lesser tythes all which are commaunded to be payed exactly And finally the fifth law which is the tenth in order hath this Title De denario S. Petri qui Anglicè dicitur Rome-scot Of Peter-pence called in old English Rome-scot wherin is appointed the order how the said Peter-pence shall be gathered and made ready against the feast of S. Peter and S. Paul or at the furthest against the feast of S. Peters Chaines as we haue seen also before ordeined by the law of K. Kanutus By all which is vnderstood and much to be considered that neither K. VVilliam nor any of his auncestors tooke vpon them to make any Ecclesiasticall law at all of spirituall matters as of their owne but only did second and strenthen and confirme the lawes of the Church by their temporall lawes by defending the same and punishing the breakers therof Which is a far different thing from the Ecclesiasticall power which M. Attorney will needs haue vs beleeue to haue byn in the auncient Kings of England according to the meaning of the auncient Common-lawes therof but produceth none And I persuade my self he will hardly alleadge me any so auncient as these though he haue studied them as he saith 35. years but fiue hundred more were necessary to find out that which he affirmeth And thus much of lawes for the present 21. There remaineth only one argument more concerning K. VVilliam which is the time of his death and of what sense and iudgment he was in this point at that time when commonly men doe se more cleerly the truth of matters especially Princes then before in their life health and prosperity when passion honour or interest may oftentimes either blind or byasse them And albeit of K. VVilliam diuers ancient writers doe recorde that notwithstanding in his anger vnto secular men he was fierce terrible yet vnto Ecclesiasticall persons he bare still great respect wherof among others this example is recorded by Nubergensis that when at a certaine time Archbishop Aldred of Yorke that had crowned him and was much reuerenced by him while he liued intreating him for a certaine pious worke and not preuailing turned his back and went away with shew of displeasure the Conquerour tooke hold of him and fell downe at his feet promising to doe what he would haue him and when the Nobles that stood round about began to cry to the Arch-bishop that he should take vp the King quickly from his knees he answered let him alone he doth but honour the feet of S. Peter in kneeling at myne Which well declareth saith Nubergensis both what great reuerence
benefices Per annuium baculum that is by giuing them a ring a staffe which are the ordinarie signes and markes of taking possession of their iurisdiction which though the said Princes doe acknowledge to bee a spirituall Act and consequently not possible to descend from the right of their temporall Crowne as M. Attorney would haue it yet desired they to inioy it by Commission from the Sea Apostolicke in respect of their greater authoritie amonge their Subiects and for more breuitie of prouiding and establishing incumbentes when benefices of cure fell voide and for other such reasons wherof we may read in the liues of diuers of our Kings And namelie of King Henrie the first this Conquerour his sonne what earnest suite he made to haue these inuestitures graunted him which the Pope did flattly deny to doe yea and the greatest causes of that wonderfull breach between the Popes Alexander the 2. and Gregorie the 7. and others of that age with the Emperour Henrie and his Successours were by the occasion of these inuestitures which the said Popes would not graunt Albeit I find some ages after that the great and famous Lawyer Baldus aboue two hundred years gone recordeth that in his tyme two Kings only had these priuiledges graunted them from the Sea Apostolicke The King of England to wit and the King of Hungary which perhaps was in regard that their Kingdomes lay so far of as it might be preiudiciall to their Churches to expect allwayes the said Inuestitures from Rome But yet he expresly saith that it was by Commission and delegation of the Pope Papa saith he committit spiritualia etiam mero laico ideo Rex Anglorum rex Hungaria conferunt in suis Reguis Praebendas ex priuilegio Papa The pope may commit spirituall things to a meere lay-man and this he proueth by diuers texts of law and hence it is that the King of England and King of Hungary doe in their Kingdomes giue Prebends by priuiledge of the Pope Wherby we vnderstand that in Baldus his time it was held for a pecular priuiledge of these two Kings which fithence hath byn communicated to diuers other Christian Princes who doe vse and exercise the same at this day but yet none pretending it as from the right of their Crownes For they neuer pretended to giue benefice or Bishopricke by their owne Kingly authority but only to present and commend fit persons vnto the Sea Apostolicke to be admitted and inuested therby as all other Catholicke Princes at this day doe vse yea and that this right of presentation also they tooke not but by concession and approbation also of the foresaid Sea Apostolicke as by the former examples may appeere 35. And this is so much as I thinke coÌuenient to saie in this place to M. Attorneys silly instance and I haue been the longer theraout for that this K. VVilliam is the head and roote of al the Kings following and this which hath been answered to this obiection will giue much light to all other instances that are to ensue And if anie King should haue taken anie other course from this established by the Conquerour their head and origen which yet none euer in any substantiall point did vntill King Henry the 8. you may see by all this discourse that the Conquerour might say of them as S. Iohn said of some of his Ex nobis prodierunt sed non erant exnobis And so much of the Conquerour OF KING WILLIAM RVFVS AND HENRY THE FIRST That vvere the Conquerours sonnes and of King Stephen his Nephevv And how they agreed with the said Conquerour in our Question of spirituall iurisdiction acknowledged by them to be in others and not in themselues CHAP. VIII THis beginning being established in the Conquerour coÌforme to that which was in the precedent Kings before the Conquest their remaineth now that wee make our descent by shewing the like conformitie in all subsequent Kings vnto K. Henry the 8. according to our former promise Wherfore first in ranke there commeth K. VVilliam Rufus second sonne of the Conquerour among those of his children that liued at his death who being named to the succession by his said father vpon his death-bed so charged forewarned as you haue heard in this verie point of honoring the Church and Ecclesiasticall power and vnder that hope and expectation embraced and crowned by the good Archbishop Lanfranke ãâã king first his solemne Oath to the same effect which his father had taken before him in the day of his Coronation he gaue gâââ satisfaction contentment to all his people at the beginning of his raigne as all our historiographers doe testifie that is to say so long as Archbishop Lanfranke liued to whom he bare singular respect loue and reuerence but the said Archbishop deceasing in the second yeare of his raigne which was about the 20. of his age the young man as thinking himself free from all respect to God or man brake into those extreame disorders of life which our historyes doe recount 2. And among others or rather aboue others in oppressing the Church holding Bishopricks Abbies in his hands as they fell void and not bestowing them afterward but for bribes and Simony And namely the Archbishopricke of Canterbury he held foure years in his hand after the death of Lanfranke vntil at length falling greiuously sicke in the Citty of Glocester and fearing to dy made many promises of amending his life as namely saith Florentius Ecclesias non amplius vendere nec ad censum ponere sed illas Regia tueri potestate irrectas leges destruere rectas statuere Deo promisit He promised to God not to sell Churches any more nor to put them out to farme but by his kingly power to defend them and to take away all vniust laws and to establish such as were rightfull And heervpon presently to begin withall he nominated to the Archbishopricke of Canterbury a great and worthy learned man named Anselmus Abbot of the monastery of Becke in Normandy who was then present in England for that some moneth or two before he bad byn intreated by the Earle of Chester Syr Hugh Lupus to come into England to found and order his Abbey saith Stow of S. VVerberge at Chester of whom Malmesbury liuing presently after him saith Quo nemo vnquam iusti tenâcior c. then which Anselmne no man was euer more constant in righteousnes no man in this age more exactly learned no man so profoundly spirituall as this Archbishop that was the father of our countrey and mirrour of the world 3. But this vnfortunate King was no sooner recouered say the same Authours but he repented himself sorely that he had not solde the said Archbishopricke with other for more money and therevpon tooke an occasion to picke a quarrell against the said Anselmus and among other things to let him that he could not doe his
speciall Embassadours the particular confidence that sundrie Popes had with him as may appeare by their letters vnto him his sending to Rome vpon the yeare 1123. VVilliam newlie elected Archbishop of Canterbury and Thurstyn of Yorke to receiue their confirmation and palls there for more honour and deuotion of the place and Sea though otherwise hee might haue procured the same to haue been sent to England as eight years before he did vnto Raphe Bishop of Canterbury as Florentius declareth 21. And two years after this againe to wit 1125. in which yeare the foresaid Emperour Henry died that had kept so much stir about inuestitures there was a Synod celebrated in the Church of VVestminster by order of Pope Honorius his legat Cardinall Iohannes de Crema being present President therof wherin diuers Canons were decreed and in the third That no Clergie man should receiue anie benefice at the hands of aelaie-man c. without the approbation of his Bishop and if bee did the donation should be void Which the King tooke not to bee against himself or anie way repined at that Councell gathered by the Popes authoritie neither at this Decree therof that might concerne both him his Which well declareth the pietie of his minde and what his iudgment was of his owne Ecclesiasticall authoritie deriued from his Crowne And now let vs see what M. Attorney hath obserued out of him and his raigne to the contrarie that is to say to proue his supreme iurisdiction It is but one sole and solitary instance and this nothing to the purpose as presentlie you shall see The Attorney Henry by the grace of God K. of England Duke of Normandy to all Archbishops Bishops Abbotts Earls Barons and to all Christians as well present as to come c. We doe ordaine as well in regard of Ecclesiasticall as royall power that whensoeuer the Abbot of Reading shall dy that all the possessions of the monasterie wheresoeuer it is doe remaine entire and free with all the rights and Customes therof in the hands and disposition of the Prior monkes of the Chapter of Reading We doe therfore ordaine establish this ordinaÌce to bee obserued euer because the Abbot of Reading hath no reuenewes proper and peculiar to himself but coÌmon with his brethren whosoeuer by Gods wil shall be appointed Abbot in this place by Canonicall electioÌ may not dispeÌd the Almes of the Abbey by ill vsage with his secular kinsmen or anie other but in entertaining poore pilgrimes strauÌgers that hee haue a care not to giue out the rent-lands in fee neither that he make any seruitours or souldiars but in the sacred garment of Christ wherin let him be aduisedlie prouident that he entertaine not young-ones but that he entertaine men of ripe age or discreet as well Clarks as lay-men The Catholike Deuine 22. Heer I desire the prudent Reader to consider how weake and feeble a battery M. Attorney bringeth forth against so stronge and founded a bulwark as before we haue set downe to the contrary wherin hauing shewed and demonstrated by sundry sortes of euident proofe that King Kenry as in all other points of Catholicke doctrine vsage and practice so in this speciall point of the Popes Ecclesiasticall iurisdiction was a perfect Catholicke Prince acknowledging and yeelding vnto him his due spiritual superiority and eminency in euery occasion as you haue heard Now M. Attorney from whome we expected some substantiall proofe to the contrary to wit that he acknowledged not nor practised the same but held this supremacy to be in himself as deriued from his Crowne in as ample sorte as Q. Elizabeth had or might haue by the Statute of Parlament that gaue her all power that had byn or might be in any spirituall person whatsoeuer c. To proue all this I say he comââââ forth now with this one sole Charter which you haue heâââ whereby the said King as founder of the Abbey of Reading doth assure the lands and temporall possessions which he had giuen to the said Abbey that neither Ecclesiasticall nor Royall power shall take away or distract the same vpon any occasion after the Abbots death but that they shall remaine entyre and free with all their rights in the hands of the Couent Prior and Monks therof vntill a new Abbot be Canonically elected who shall haue no propriety in any parte therof but all common with his brethren in regard wherof he is willed to dispend the same religiously according to the founders meaning and intention as out of the words of the Charter it self you haue heard 23. And now what proueth all this against vs or for our aduersarie Or why is it brought forth think you For heer â mention only of temporall matters for assuring the possession and due vse of the monasteries temporalityes Heer is no mention at all or meaning of spirituall iurisdiction And how then is this drawne in to M. Attorneys purpose We haue shewed before out of the examples of diuers Kings that founded sundry monasteryes before the Conquest namely K. Ethelbert that of Canterbury K. Offa that of S. Albans K. Edward that of VVestminster and others that besides the ordinary power and priuiledges which founders of pious works haue by the Canon-lawes which are many and great to dispose of their owne donations and to assure the same according to their perpetuall intention The Sea of Rome was wont also to graunt them authority oftentymes to dispose and ordaine spirituall priuiledges to be confirmed afterward by the same Sea as out of diuers like Charters and Graunts you haue heard which was much more then this which heer M. Attorney alleadgeth though nothing to his purpose to proue his maine proposition of supreame Ecclesiasticall iurisdiction deriued from Princes Crownes 24. Wherof it ensueth that this is lesse then nothing And if he will vrge those words of the Charter VVe doe ordaine as ru ãâ¦ã regard of Ecclesiasticall as Royall power which in latin are Statâiââ autem tam Ecclesiasticae quam Regia prospectu potestatis c. it is also lesse then nothing importing only that he both as King and founder forbiddeth all men both Ecclesiasticall and temporall to enter vpon the lands which he hath giuen to the said monastâââ either by spirituall or Royall authority euen as you haue heard K. Edgar before prohibite the like concerning the monastery of Medeshamsted founded by him Vt nullus Ecclesiasticorum vel laicorum super ipsum Dominium habeat That no Ecclesiasticall or lay-person haue dominion ouer it or ouer the Abbot thereof signifyinge in the same place that this priuiledge notwithstanding was confirmed by the Pope and Archbishop of England And the like we may presume of this other of K. Henry as also we may note the great respect that he bare euen in this Charter to the Church for that he putteth Ecclesiasticall before Royall in this affaire And finally all this auailing
misereretur anima fama sââne pateretur fieri dissidium inter Regnum sacerdotium They falling downe at the Kings feet in his chamber besought him most humbly that he would haue pittie of the Church mercie of his owne soule and good name and that hee would not suffer diuision and sedition to bee made between the Kingdome and Preisthood Wherat saith he the King rising respectiuelie from his seate albeit hee excused his fact by laying the entââ therof vpon others yet being preuented by euill counsaile hee neuer perfourmed in substance the good promises that hear vpon he made 31. Wherefore it seemed best to the said Legate and Archbishop to call a Synod at VVinchester and to cite the King there vnto vnder paine of Censures to appeer therin and to giue the reason of this his violent fact against the foresaid two Bishops for so much as if they had offended Non esse Regis sed Canonum inââcium affirmabant They affirmed the iudgment of this did not appertaine to the King but to the Canons of the Church 32. This Ecclesiasticall Councell then being called togeather vpon the first of September Non abnuente Rege not altogeather against the Kings will saith Malmesbury who was present in the said Citty of Oxford he sent two Earles for his proctors with an excellent learned aduocate or Attorney called Albericus de Vâââ who excusing the Kings fact shewing many reasons of Sââââ which forced him to assure himself of those stronge Castell sand holds in so suspitions a time as this was as also to retaine their wealth therin found for that one of them being Chauncellour had many money-reckonings to make to the King concluâââ in the end that the King presumed to haue done nothing against the Canons of the Church true meaning therof in such a ãâã for that the self same Canons did forbid Bishops to buyld such stronge Castells And in this later point Hugh Archbishop of Rome being newly come to this Councell did take the Kings parte affirming that in so suspitious a tyme the King might without breach of Church-canons demaund the keyes of any Bishops Castle within his Realme But the legate Archbishop of Canterbury were of opinion that first the violence of the fact should be remedied and then the matter tried according to the said Canons which the King refusing to doe the two Bishops interessed appealed to Rome whervnto the King answered by his Attorney Albericus in these words For as much as some of the Bishops had vsed threats and were preparing to send some to Rome against the King in this said he the King doth commend them for their appealinge but yet he would haue them know that if any went against his will and against the honour of the Realme his returne home should be harder then perhaps he imagined Nay moreouer the King shewing himself greiued in this cause did of his owne free-will and motion appeale for himself to Rome Which when the King partly praising their appeale partely threatning as you se had vttered all men vnderstood whitherto it tended to wit that they should not carry the matter to Rome at all but end it at home 33. This was the euent of that Councell which I haue related somewhat more largely out of the writing of an eye-witnes for that it expresseth manifestly what was then held and practised for truth in our controuersie For that K. Stephen and his learned Councell and Attorney did not stand vpon denyinge the Popes Ecclesiasticall authority as our Attorney doth now nor yet of the Bishops of his Realme in Ecclesiasticall matters but is content to vnder-goe the same defending only the reason and lawfullnes of his said fact nor did he pretend by reason of Kingly Crowne to haue this iurisdiction but allowed as you haue heard both their appeale to Rome and appealed also himself And surely if our Attorney and that Attorney should haue disputed about the plea that was to be held therin they would greatly haue differed yet was that Attorney in Causaruns varietate exercitatus saith Malmesbury much exercised in all variety of causes but his iudgemeÌt learninge beleife was different from that of ours though he were foure hundred years elder And so to returne to our Story againe this was the successe of these affaires and conforme to this was all the rest of his life and raigne as for example when Innocentius the Pope did call to Rome ãâã Archbishop of Canterbury Simon Bishop of VVorcester Roger Bishop of Couentry Robert Bishop of Excester Reynold Abbot of Euishant âo sit and haue their voices in a Generall Councell saith Florentinâ the King presently obeyed and sent them thither The same Stephen also made suite and obtained of Pope Lucius the 2. saith VValsingham that the Sea of VVinchester should be an Archbishopricke and haue seauen Bishopricks vnder it which had byn effectuated if the same Pope had liued But the ensuing Popes not liking therof it tooke no place though the said King desired it much and would no doubt haue done it by himself if he had thought his owne spirituall authority to haue byn sufficient for that matter 34. Another case also fell out of great moment between Pope Eugenius the 3. that ensued Lucius and K. Stephen which was about VVilliam Archbishop of Yorke called afterward S. VVilliam who being Nephew vnto the said King that is borne of his sister Lady Emma and by his procurement made Chanon Treasurer of the Church of Yorke was after the death of Archbishop Thurstan chosen by tha maior parte of the Chanons to be Archbishop of the said Sea who sending the certificate and authenticall writings of his election vnto Rome to be confirmed first by Pope Celestinus and after by Pope Eugenius then newly chosen he was first called to Rome sore against K. Stephens will and being there was charged as both Nubergensis that liued at that tyme and others doe largely declare that his election was not Canonicall And so after much pleading of the matter wherin are extant also diuers earnest and vehement Epistles of S. Bernard to Pope Celestinus after to Pope Eugenius against the said election the conclusion was that VVilliam the Kings nephew insteed of receiuing his approbation and Pall for his installment was depriued and sent backe into England againe without any benefice at all where he liued for the space of seauen years with his other vncle Henry Bishop of VVinchester in great perfection and austerity of life vntill the said Bishopricke being void againe he was chosen the second tyme and going to Rome was confirmed by Pope Anastasius that ensued Eugenius 35. But now for the first time notwithstanding all that King Stephen could doe or intreat for him he was depriued as hath byn said and one Henry Murdat a learned man Abbot of a monastery of S. Bernards Order in VVells who also had byn schollar in the
monastery of Clare-vallis vnder the said S. Bernard was promoted vnto the dignity and proued a notable good Archbishop though at the beginning he being contradicted by the King had great difficulty to enter the people also being against him as well for feare of the said King as for fauour and loue of the other good man deposed and the Kings sonne Eustachius going to Yorke vpon that occasion vsed great violence and insolency and some not to be named against such as had opposed themselues against the election of the said deposed But finally the sentence and iudgement of Pope Eugenius tooke place and K. Stephen after a time permitted the other to liue quietly in his Bishopricke whereby we may see what power and iurisdiction the Pope had for such matters in England at that time And that neither K. Stephen nor his sonne Eustachius nor any of his Counsell went euer about to say for their pretence or excuse that these things belonged to the Kings authority-Royall not to the Popes tribunall 36. All which points being laid togeather and many other that for breuity I doe pretermit it commeth to be manifest that whatsoeuer actions this King in those infinite troubles fears and suspicious of his might sometymes vse for his gaine or interest or vpon persuasion of others against the Church or libertyes therof yet was his will and iudgement truly Catholike in this point nor was he euer noted for the contrary nor doth M. Attorney alleadge any one instance out of him or his tyme to that purpose And therfore shall we passe to other Kings after him OF THE RAIGNE OF KING HENRY THE SECOND Great Grand-child to the Conquerour And of his two sonnes K. Richard and K. Iohn and their conformityes in this controuersie CHAP. IX AS in the former Chapter for breuityes sake we ioyned three Kings togeather so shall we doe the like in this especially for so much as M. Attorney hath no one instance out of any of them whose raignes iudured for the space of aboue threescore years and thereby sufficiently testifieth that in this point of the Popes Ecclesiasticall authority their beleife iudgements and actions were correspondent and vniforme to those of their progenitors and predecessors as also were their lawes consequently which allwayes is to be borne in mind the common lawes of their dayes could not be contrary to that iurisdiction of the Bishop of Rome which they themselues euerywhere did acknowledge professe and practise For better declaration notwithstanding wherof we shall not omit to set downe some particular and seuerall notes as well of these Kings and their successors as we haue done of the former OF KING HENRY THE SECOND The fifth King after the Conquest §. I. 2. This King then was a French-man borne as well as K. Stephen of the English-bloud only by Maude the Empresse daughter to K. Henry the first neece to the Conquerour He was sonne and heire to Geffrey Duke of Anioy and Poytoù and a little before his inheritance of England he had the rare fortune as then it was thought to marry with the young Queene Eleanor lately diuorced from K. Lewes the seauenth of France vpon their falling out after their returne from Ierusalem which Queene was daughter and heire to the Duke of Aquitaine so as all those States of Gascoyne Gwyan Poytoù Anioy and Normandy were vnited togeather in this K. Henry and by him conioyned to England The Dukedome of Brittany also falling in his tyme to the inheritance of an only daughter of Duke Canon King Henry procured to marry the same to his third sonne Geffrey for he had foure by his said Queen that liued togeather besides a fifth that died young It was his chaunce also to haue an English Pope named Adryan in his daies by whose fauour and concession he got interest to Ireland so as if we respect the greatnes and multitude of his dominions he was the most puissant King of all that euer had dominion ouer our nation vntill that day 3. But if we respect his manners you may besides others writers read a whole Chapter in Nubergensis of the conflict combat betweene vices and vertues in him though he conclude that his vertues were the more and his vices were sore punished in him by almighty God in this life to the end that his soule might be saued in the next as the same Author writeth And to this effect was he punished and afflicted most in those things wherin he had taken most delight and for which he had most perhaps offended God as first in the alluring of the said Q. Eleanor to make the foresaid diuorce from the King of France to marry him who afterward was a great affliction vnto him for that haââââ borne him many faire children she set the same against him ââ thervpon the former ardent loue waxing cold between them he was the more induced to liue lasciuiously with others and ââ the end committed her to prison and held her so for neere a dozen years togeather before his death 4. His children also he couered exceedingly to aduauÌce crowning the elder of them King in his owne daies by the name of K. Henry the third and giuing him in possession the States of Gascoyne and Gwyan the second being Richard he made Earle of Poitoù the third which was Geffrey he inuested as hath byn said in the Dukedome of Brittany and the fourth named Iohn for that he had no seuerall State as yet to giue him he called in iest sâââ terre or lack-land signifying therby the great desire he had to prouide some State for him And for effectuating this saith Nubergensiâ which liued in that age that is to say for aduauncing his children he offered iniuries to many wherby it came to passe by Gods iust iudgement that they all at different times conspired against him For first about the middest of his raigne both the mother and the children banded themselues against him with Lewes the K. of France that had byn her former husband wherof Petrus Blesensis that was his latin Secretary maketh mention in diuers epistles that are extant as namely in one written by two Archbishops that had byn his Embassadours to the said K. Lewes to make peace but could not who discouered that both his Queene and children had all conspired against him Quid amabilius âilijs say they quid vxore familiarius recessit tamon vxor à latere vestro filij insurgunt in patrem What is more delectable them children what is more neere or familiar then the wife And yet is your wife departed from your side and your children are risen against their father c. And in the same epistle they counsaile him to looke well to his person for that they sought his destruction 5. And the same is testified in another epistle written by the Archbishop of Roane in Normandy vnto Q. Eleanor her self wherin he persuadeth her vehemently by manie reasons
heat and resolution to goe through therin by his power and authority with the Pope yet when he saw the said Pope to mislike his proceedings and to stand constant against him he amayned and and humbled himself presently and this in respect of his conscience and feare of God as himself caused to be written by his Bishops to the said Pope Alexander For there is extant in Houeden a large epistle of all the Bishops Suffragans of Canterbury that were subiects to Thomas the Archbishop written vnto Pope Alexander in the Kings name of his prompt obedience towards him and the Sea of Rome in all things saying Ad vestra quidem mandata non itatus intumuit non elatus obedire contempsit verum gratias agens paterna correctioni Ecclesia se statim submisit examini when the King receiued your commaundements he did not swell with anger nor proudly contemned to obey but giuing thankes for your Fatherly correction did presently submit himself to the examination of the Church And againe Ipse diuini reuerentia timoris ãâã Maiestatempreferens sed vt filius obediens se iudicio sistere legitimaeque parere sententiae seque legibus alligatum Prinscipem praesto est in omnibus exhibere He for reuerence and respect of the fear of God did not prefer the maiesty of his Kingly State but as an obedient sonne is ready in all things to stand to iudgement and to obey lawfull sentence acknowledging himself though he be a Prince to be bound to the lawes of the Church 11. This then was his disposition of mind in this behalfe which he presently shewed in fact by sending a most honorable Embassage to the Pope to wit the Archbishop of Yorke Bishops of VVinchester London Chichester and Excester with the Earles Arundell the Gundauell de Sancto Valerico and many others both gentlemen and Clarks And as Houeden affirmeth Appellauit pro se regno suo ad Praesentiam Summi Pontificis He appealed for himself and for his kingdome to the Preâence of the Pope desiring that two Legats might be sent into England to iudge of the cause between him the Archbishop And soone after when the Archbishop vpon pacification made was returned and within a few moneths after wikedly slaine in his owne Church of Canterbury the same Pope Alexander taking vpon him as lawfull Iudge to examine punish the fact vpon the person of K. Henry himself sent two Cardinall-Legats for that purpose into Normandy named Graetianus Viuianus as Houeden at large setteth downe the history Wherof K. Henry being aduertised that was present then in those partes beyond the Seas and fearing the euent Ad Praesentiam Summi Pontifiââ appellauit appealed againe as once he had done before to the presence of the Pope himself from his said Legats Wherby we see that he graunted acknowledged the Popes authority ouer him in that matter And the same writer addeth in the same place that the said King fearing also notwithstanding his appeale the seuerity of the Sea Apostolicke in this case passed ouer presently into England giuing straite order and commaundment that no man should be permitted to enter with any Bull or Breââ of the Pope of what sorte soeuer except first he gaue caution security that he would thereby bring no hurte or greiuaunce to the King or Kingdome 12. But after this againe to omit many other things and iuâdâdicall Acts which passed in this affaire set downe by the said Houeden and other authors of that time two other Cardinall-ââgats Theodinus and Albertus were finally directed from the said Pope Alexander into Normandy to giue the last sentence vpon the matter Vnto whome K. Henry being then in Ireland and cited to appeere came purposely to present himself in person which notably signifieth his obedience And there by his oath he purged himself swearing first that his intention was neuer to procure the said Archbishops death and secondly promising diuers things by the same oath to be performed in satisfaction of his fault in hauing giuen some occasion therof by angry words against the same Archbishop Thomas All which is set downe in the said Author vnder this title recorded likewise by Peter Blesensis Purgatio Henrici Regis pro morte Beati Thomae The purgation or satisfaction of K. Henry for the death of S. Thomas therevpon ensueth Charta absolutionis Domini Regis The charter of absolution of our Lord the King by the said Legats in the Popes name 13. And amongst other six or seauen points whervnto the King sware at this time one is set downe in these words He sware also that he would neither let nor permit to be letted any Appellations to be made in his Kingdome to the Bishop of Rome in Ecclesiasticall causes with this condition that if any that doe appeale be suspected to the King they should giue security that they would not seeke or procure any hurte to him or his Kingdome And so was that controuersie ended and the lawes abolished which the King would haue established against the liberty of the Church Wherby we se cleerly what persuasion K. Henry had of the Popes supreame authority in Ecclesiasticall affaires and his loyall obedience thervnto which is so much the more to be esteemed if we consider the circumstances of the tyme wherin he exhibited the same which was such as he might easily haue declined himself if he would from the force of Pope Alexander his authority that pressed him so much by adhering to some one of his enemyes the Antipopes that by faction of a few were chosen set vp against him three or foure one after another naming themselues Victor the 4. Calixtus the 3. and Pascalis the 3. and held out against him for more then 17. years togeather by the power and peruersity of Fredericus Barba-rossa the first Emperour of that name who often also allured K. Henry to be partaker of his Schisme but he refused followinge heerin his Catholicke auncestors VVilliam the Conquerour that stood constantly with the true Popes of his tyme Alexander the 2. and Gregory the 7. against those that by sedition of Henry the 4. Emperour were set vp against them to wit Cadolus calling himself Honorius the 2. and Gilbertus that was named Clement the 2. K. Henry also the first obaied the true Popes of his tyme Paschalis the 2. Gâlasius the 2. Calixtus the 2. Honorius the 2. Innocentius the 2. against six schismaticall intruders calling themselues Clement the 3. Syluester the 3. Gregory the 8. Celestinus the 2. Anacletus the 2. Victor the 4. all set vp maintained by the German Emperours Henry the 4. and fifth and by Lotharius the 2. after them But our Kings of England obayed allwayes their true and lawfull Pastors of Gods Church and were highly commended for it And now K. Henry the 2. followed their vertues wisedome religion and magnanimity in that behalfe and found no doubt his
reward in the life to come for it And so much of this 14. But now to passe to another consideration about the same King it seemeth to me that nothing sheweth more this Kingâ true affection deuotion and confidence towards the Pope and Sea of Rome then his owne recourse thervnto in his greatest affliction before mentioned of the conspiracy of his wife and children against him For then he wrote a very lamentable letter vnto Pope Alexander beginning thus Sanctissimo Domino suo Alexandre Dei gratia Catholicae Ecclesia Summo Pontifici Henricus Rex Angliae c. Salutem deuotae subiectionis obsequium In which letter among other things he saith thus Vbipleniorem voluptatem contulerat mihi Dommââ ibi grauius me flagellat quod sine lachrymis non dico contra sanguineâââeum viscera mea cogor odium mortale concipere c. Where God hath giuen me greatest pleasure and contentment there doth he most whip me now and that which without teares I doe not speake vnto you I am constrained to conceiue mortall hatred against my owne bloud and my owne bowels My freinds haue left me and those of myne owne house doe seeke my life this secret coniuration of my wife and children hath so intoxicated the minds of all my most familiar freinds as they prefer their traiterous obedience to my sonne and would rather beg with him then raigne with me and enjoy most ample dignities c. Abseââ corpore presens tamen animo me vestris aduolno genibus I being absent in body but present in mynd with you doe cast my self at your knees Vestrae iurisdictionis est Regnum Angliae c. Experiatur Anglia quid possit Romanus Pontifex The Kingdome of England is vnder your iurisdiction Let England learne by experience what the Bishop of Rome can doe Promitto me dispositioni vestra in omnibus pariturum I doe promise to obay your disposition in all hings 15. Thus he wrote at that tyme with teares as you haue heard wherewith Pope Alexander being greatly moued sent commaundement to Richard Archbishop of Canterbury to write earnestly vnto K. Henry the sonne to recall him from his rebellion vnder paine of excommunication as before we haue shewed And this confident recourse of K. Henry to the Pope in so great an affaire declareth well the opinion he had of his authority And conforme vnto this were all the rest of his actions and doings concerning Ecclesiasticall iurisdiction when he was out of passion and perturbation acknowledging none at all in himself but only from the Sea Apostolike And heervpon he fouuded the security of all his hopes by his first marriage with the Queen Eleanor as hath byn said whose diuorce from King Lewes was vpon the Popes sentence declaringe the same to be inualide and no marriage at all by reason that they were married within degrees of consanguinity prohibited by the Church 16. And soone after this againe about the 6. yeare of his raigne the same King as Stow relateth procured dispensation of the said Pope by his Legat-Cardinalls Henricus Pisanus and Gulielmus Papionensis to make a marriage between Henry his eldest sonne of seauen years old and Margaret the French Kings daughter that was yet but of three years old which he would not haue done by all likelihood with so manifest perill of his whole succession therby if he had either doubted of the Popes authority therin or presumed of his owne 17. And not many years after this againe the said King being very desirous to remoue from the Church of VValtam in Essex certaine secular Chanons that liued not with edification and to place in their roome regular Chanons presumed not to doe it of himself or his owne authority which yet might seeme a small matter but by the authority of the Pope Rex saith Houeden ex authoritate Domini Papae instituit in Ecclesia de VValtham Canonicos regulares The King did appoint regular Chanons in the Church of VValtham by the authority of the Pope And the same doth testifie VValsingham vpon the yeare 1177. that it was done in the vigil of Penticost Authoritate Summi Pontificis sub praesentia Regis By the authority of the Bishop of Rome the King being present at the doing 18. And the same VValsingham two years after that againe doth record another iudiciall Act of the said Pope Alexander in England which is that he exempted from the obedience of the Archbishop of Canterbury Roger that was Prior of the monastery of S. Augustine in the same Citty which had byn subiect to him saith he for fiue hundred years before And it is probable that neither the King nor Archbishop did like thereof but could not let the same 19. And finally to goe no further in this matter of this Kings obedience and deuotion towards the Church when he was out of choller and passion and free from such other perturbations as did draw him stroÌgly oftentimes to the doing of certaine things which after he repented I shall end with one shorte narration only of the foresaid VValsingham or a strange extremity and aduersity of fortune from which God deliuered him at one tyme by means of his deuout mynd towards the blessed Martyr S. Thomas of Canterbury vpon the year 1174. which was three yeares after his said martyrdome at what time the Kings state was this as partly before you haue heard Lewys King of France coÌioyning himself with Henry the third King of England and the rest of his brethren against their Father pressed him sore with great armies in Normandy and other partes of his Dominions in France And at the very same time his wife Queen Eleanor in England conspiring with her said sonnes incited by her example many other Princes and noblemen to doe the like who raised diuers rebellions And besides all the rest VVilliam King of Scotland came in with a great Army on the North-side and Philip Earle of Flaunders was entered with another on the South-side At which time K. Henry seeing himself in these straites and not well knowing what to doe yet resolued at the length to passe from Normandy into England and first to succour the principall parte But being on the Sea there arose such a tempest as seing himself in great daunger Erectis in caelum luminibus saith VValsingham lifting vp his eyes to heauen he desired God that saw his intention to be mercifull vnto him as his meaning and purpose was to seeke the peace both of the Clergy people of England c. And God saith our Author admitted presently the prayer of this our humbled King and brought him safe to Hampton-port with all his people who from that day forward giuing himself to pennaunce vsed saith he a very thinne diet to wit bread and water only and casting of all temporall cares nor entring into any one Citty as he went by the way neuer ceased vntill he came to
on his knees before the said Altar where weââ laid open the holy ghospells aud the reliques of many Saints according to the custome and there he sware that all the dayes of his life he would maintaine peace honour reuerence to the holy Church and all those that were ordained by the same He sware also to maintaine good iustice and equitie to the people to take away euill lawes and customes and to make good c. So Houeden 26. And not many monethes after this being called vpon and intreated by Pope Clement the 3. to make hast in his preparations for succouring of Ierusalem which was now taken and held by Saladinus the great Prince of the Saracens the said Pope sent soone after a speciall Legat into England named Cardinall Iohn Anagnanus as well to hasten that iourney and the iourney of K. Philip of France that was to goe in his compaine as also to end certaine controuersies betweene Baldwin Archbishop of Canterbury that was to goe with the King in his vioage and Geffrey the Kings base brother nominated Archbishop of Yorke commended by the King but not yet admitted hitherto by the Sea Apostolike and other Bishops and principall persons And when they were all met at Canterbury togeather the King taking order and disposing many things for the quiet and safty of his Kingdomes in his absence which are set downe at large by the said Houeden Nubergensis Mathew Paris and other authors he thence began his iourney in the moneth of December and first yeare of his raigne 27. But before this as hath byn said he did dispose of many things as namely the setting at liberty of his mother Q. Eleanor that had byn longe in prison in his Fathers dayes restoring her to all former honours and far greater then euer she had before assigning to her the dowries both of Q. Maude wife of K. Henry the first and of Alyce wife of K. Stephen and of the other Maude the Empresse mother of K. Henry the second And to his brother Iohn Earle of Morton besides all other States and Titles he had before he gaue foure Earl-domes more to gaine him withall and hold him content to wit of Cornwall Deuonshyre Dorcet and Somerset but yet left to none of them the gouernment of his Realme but to two Bishops to wit Hugh Bishop of Durham for the North-partes and to VVilliam Bishop of Ely for the whole body of the Realme making him his Chauncellour and supreme Iudge and praying Pope Clement for his more authority to make him also his Legat à latere and to take into his protection the whole Realme and so he did whereby appeareth what opinion K. Richard had of the Sea Apostolikes authority in his dayes 28. But the same appeareth yet more by the many appellations that were made in the Kings owne presence at the forsaid meeting at Canterbury vnto the Pope himself For first Baldwin Archbishop of Canterbury who as I say was to goe with K. Richard in his said iourney of Ierusalem appealed against the foresaid Geffrey the Kings brother nominated by the King to the Archbishoprick of Yorke Appellauit ad Dominum Papam saith Houeden coram Rege vniuersis Episcopis Clero He appealed to the Pope in presence of the King and all the Bishops and Clergy One Hammon also Chaunter of the same Church of Yorke receiuing letters from K. Richard to install one Buchard in the dignity of Treasurer of the said Church according as he was elected Noluit mandatis Regis obedire saith Houeden sed super hoc ad Sedem Apostolicam appellauit He would not obey the Kings commaundement in this point but appealed in the controuersie to the Sea Apostolike which King Richard did no wayes let or deny And againe in the same place the King hauing giuen the Deanry of Yorke to one Henry brother to the Lord Marshall of England commended the man for his installing to the Archbishop of Yorke but he refusing said that he could not doe it Donec electio eius confirmata esset à Summo Pontifice vntill his election were confirmed by the Bishop of Rome Which answere the King tooke in good part and therby well declared what his opinion was of his owne Ecclesiasticall authority as also of the Popes 29. Moreouer saith the same Author Richardus Rex Angliae missis nuncijs suis ad Clementem Papam obtinuit ab eo literas Patentes c. This Richard King of England sending his messengers to Pope Clement obtained letters Patents of him that whosoeuer he should send vnto any townes lands or lordships of his to keep and defend the same in his absence should be free from all oath vow or other obligation of going the voiage to Ierusalem Vnde ipse sibi inastimabilem acquisiuit pecuniam Wherby he procured to himself an inestimable summe of money 30. And this before the Kings departure from England but being entred into the iourney and arriued in the Kingdome of Sicilie he there marryed his new wife Berengaria daughter to the King of Nauarre conducted thither by sea by Q. Eleanor his mother who after foure daies stay only in the porte of Messina was ãâã by her sonne to returne to England by land taking Rome in heâ way to the end she might in his name intreat the Pope to admit for Archbishop of Yorke his foresaid brother Geffrey whome he had presented and nominated Per illam mandauit Rex Angliae Summâ Pontisici saith Houeden humiliter postulauit vt ipse electionem prodicti Gaufredi confirmaret King Richard of England did send by his said mother to the Pope and humbly besought him that he would confirme the election of the foresaid Geffrey to be Archbishop of Yorke Which labour of going to Rome it is like that he would neuer haue put his mother vnto nor yet haue vsed so much humility of intreatinge the Pope if he had thought his owne Ecclesiasticall authority to haue byn sufficient as well for inuesting him as for his nomination and presentation 31. And moreouer when the said King had ended a certaine controuersie in the same porte Citty of Messina with Tancredra King of that Iland he gaue account of all by a large letter vnto the said Pope Clement as to his deerest Father Beatissimo Patri Clements Dei gratia Sanctae sedis Apostolica Summo Pontifici Richardus eadem gratia Rex Angliae sincerae in Domino deuotionis affectum And then presently he beginneth his epistle thus Iustiorem exitum facta Principum sortiuntur cum à Sede Apostolica robur fauorem accipiunt Sancta Romanae Ecclesiae colloquio diriguntur c. The acts of Princes doe come to best end when they receiue strength and fauour from the Sea Apostolicke and are directed by the conference or communication of the Church of Rome And therefore we haue thought it conuenient to let your Holines vnderstand
what agreements haue byn made these dayes publikely betweene the excellent Lord Tancred King of Sicilie and vs. And then after recitall of all particularityes he endeth thus testibus nobisipsis vndecimo die Nouembris apud Messanam We our selues being witnesse of this agreement the eleuenth day of Nouember at Messina 32. But when K. Richard soone after departing thence was arriued in Asia and had begun most prosperously his warrs against the Infidels the Deuill enuying his good successe stirred vp first seditioÌ in England by means of Iohn the Kings brother who perceiuing diuers to enuy the Greatnes of the Bishop of Ely left gouernour by the King and some Bishops also to be in faction against him began to make great stirs And on the otherside the same enemy of mankind castinge ielousies betweene K. Philip of France and the said King Richard did seperate them at last whervpon ensued the returne of the said King Philip with intention to inuade King Richards Dominions and to set vp his brother Iohn in his place as the sequele declareth 33. But Pope Celestinus the 3. that had succeeded in the place of Pope Clement lately deceased vnderstanding of the former conspiracie and faction against the Bishop of Ely in England wrote a vehement letter against the same to all the Archbishops Bishops and Clergie of England saying among the rest Cum dilectus in Christo filius noster Richardus c. wheras our deerly-beloued soÌne in Christ Richard noble King of England when he resolued by taking vpon him the signe of the Holy crosse of Christ to reuenge the iniury of his redeemer in the Holie land left the tutele and care of his Kingdome vnder the protection of the Sea Apostolicke we that haue succeeded in that Sea haue so much the more obligation to coÌserue the State of the said Kingdome the rights and honours of the same by how much greater confidence he placed in our protection and thervpon hath exposed his person riches and people to greater perils for exaltation of holy Christian religion c. Wherfore vnderstanding of certaine troubles lately moued by Iohn Earle of Morton and certaine others combined with him against your honourable Father VVilliam Bishop of Ely Legat of the Sea Apostolicke and Gouernour of your Realme Vniuersitati vestrae per Apostolica scripta mandamus in virtute obedientiae praecipimus c. We doe by these Apostolicke writings giue commaundement to your whole community Realme and charge the same in the vertue of obedience that all men surcease from like practise of conspiration turmoyle or faction c. giuen at our pallace of Lateran the 4. day before the Nones of December in the first yeare of our Popedome And by this you may see what authority he tooke himself to haue ouer all England and Bishops and Princes therof at that day 34. The which is yet more declared by that which soone after ensued for that the foresaid Earle Iohn and other Lords and Bishops combininge themselues with him hauinge proceeded yet further in that quarrell by coÌmon consent of all the Realme as it seemed depriued the said Bishop of Ely of his office of Gouernour imprisoned him and driuen him out of England and elected in his roome VValter Archbishop of Roane for gouernour of the Realme they were no lesse carefull to send presently to excuse iustifie the matter vnto Pope Celestinus then they ãâã to the King himself for his satisfaction All which appeareth by a large letter written from Rome to the said Archbishop by his agents that were there who aduertized him how euill the matter was taken by the said Pope Celestinus Dominus Papa say they in restri depressione negotij plurima indignanter cum amaritudâne proponebat c. The Pope did propose very many things with indignation and amaritude of mind to the depression of your affaire iterating many tymes that he knew the great affection confidence of the King of England towards his Chauncelour and Gouernour the Bishop of Ely and that he had seen many letters of the said King in his commendation but none against him that at his earnest instance the Sea Apostolike had made him also Legat à latere And that finally he absolued him from the sentence of excommunication which the said Archbishop of Roââ had laid vpon him and for the rest he would expect the Kings inclination who being soone after taken prisoner in Germany sent presently for the said Chauncellour to come vnto him and made great vse of him for he was not only his interpreter betweene the Emperour and him and other Princes but he sent him also into England not as Chauncellour or Gouernour but as Bishop of Ely to lay the plot for his ransome 35. And I might recount many other examples of the same iurisdiction exercised in England by the same Pope without contradiction of any man in the absence of the said King though Earle Iohn the Kings brother was present and very potent amoÌg them and no great freind to the Pope as by the former letter may be imagined and who finally did driue out of England the said Bishop of Ely but yet neuer obiected or put doubt in the Popes authority about any Ecclesiasticall matter that there fell out As for example vpon the yeare 1191. which was the very next after the Kings departure Nubergensis liuinge at that time recounteth how Geffrey the Kings base brother hauing byn longe beyond the seas suing at Rome to be admitted to the Archbishopricke of Yorke and to haue his Pall which Pope Clemeââ would not graunt for diuers obiections and appealles made against him as well by Baldwyn Archbishop of Canterbury as you haue heard as also by others and namely the Bishop of Ely that was Gouernour of the land being much against him yet now vpon King Richards commendation and his owne many ãâã promises Pope Celestinus so much fauoured him saith Nubergensis as he gaue him his pall before he was consecrated and sent him to be consecrated by the Archbishop of Towers in France commaunding him vt ei non obstante vel appellatione vel occasione qualibet manus imponeret that he should by imposition of hands coÌsecrate him notwithstanding any appellation or other occasion whatsoeuer to the contrary And so he did and he came into England and tooke possession of the said Archbishopricke and enioyed the same by this authority of consecration and inuestiture from Pope Celestinus notwithstanding all the contradiction and opposition of his potent aduersaryes as in the same Author at large is set downe 36. And when not longe after this againe the said Archbishop Geffrey requiring Canonicall profession of obedience to be made to him and his Sea accordinge to custome at the hands of Hugh Bishop of Durham who had purchased before of King Richard an Earl-dome to be annexed to his said Bishopricke and that the said Hugh refusing to doe the same vpoÌ
temporall sword of Constantine the Emperour and the Sea Apostolicke is more potent then any Imperiall power or authority And I would aske whether your power be of God or froÌ men Did not the God of Gods speakâ to you in Peter the Apostle sayinge VVhatsoeuer you shall bynd vpon earth shall be bound in heauen and whatsoeuer you shall loose vpon earth shall be loosed in heauen And why then doe you so negligently yea cruelly delay for so longe time to loose my sonne or rather why dare you not to doe it Perhaps you will say that this power giuen you by God of binding and loosing is for soules and not for bodies Let it be so Truely it is sufficient for vs if you would bind the soules of those that hold my sonnes body bound in prison And finally I know that it lyeth in your power to loose my sonne if the feare of God may euacuate in you the feare of man 42. Thus wrote this afflicted Queene vnto Celestinus the Pope and the same wrote diuers other great personages at the same tyme as may be seen in the said Petrus Blesensis and among others the foresaid Gualterus Archbishop of Roane and Gouernour of England a man of great authority learning and wisedome who after many reasons concludeth his Epistle thus Exerat ergo beati Petri gladium manus vestra Clementissime Pater quid quantum tanto filis debeatis exhibeatis in opere vt experientia mediante addiscant minores inferiores filij quantum à âobis auxilium in suis necessitatibus debeant expectare Let your hand then most Clement Father draw forth the sword of Peter and doe you shew by workes how much you owe vnto so greate a child as is K. Richard so as by experiencâ your lesser and lower children may learne how much help they may expect from you in their necessityes So he 43. And by this may appeare what opinion men had in those dayes of the Popes authority and let the Reader heer marke as also M. Attorney how vsuall a phrase it was at that tyme to name two distinct swords the one of Constantine the other of Peter thâ one temporall ouer bodies the other spirituall ouer soules and thââ the later was the greater and higher Which was the speach also and phrase of King Edgar before the Conquest and of the Conquerour himself in his lawes if you remember is now heer vsed againe and so was euer after vntill King Henry the 8. as by this our deduction will appeare And only this phrase of speach and common beleife of all our Kings and Countrey from time to time that there were two distinct swords or powers one temporall in the Prince and the other spirituall in the Pope is sufficient to ouerthrow M. Attorneys whole Booke though nothing els were said to it besides the purporte therof being as hath byn seen to proue that either no such distinction of swordes powers is to be admitted or that both are equally in the temporall Prince and so vsed and exercised by our auncient Kings of England 44. But now you see the vanity in truth absurdity of that Paradox refuted by all this heer set downe concerning K. Richard and many examples more might be alleadged during his raigne after his returne againe to England who meaning to euacuate the alienation of many thinges solde lent or empawned before for his going to Ierusalem caused himself to bee crowned againe in VVinchester reducing all thinges to a new order and among others he set downe Capitula placitorum Corona Regis The heads or cheife braunches of pleas that belong to the Kings Crowne or Courts wherein nothing at all is conteyned concerning Ecclesiasticall affaires but only De aduocationibus Ecclesiarum quae sunt de donatione Regis Of the aduowsons of such Churches as are of the Kings gift that is to say wherof he had Ius Patronatus Which is a small spirituall iurisdiction if we consider it well and may be in any secular man whatsoeuer that buyldeth or foundeth a Church And Matthaeus Parisiensis speaking of the Church of Normandy vnder K. Richard commendeth him highly for deliuering the said Church de longo seruitutis iugo from a long yoke of seruitude which secular men by little and little had brought in vpon her vnder other Kings and Dukes by often drawing Clergie-men to secular Iudges and tribunals inuadinge their goods restraining their liberties breaking their priuiledges and the like All which the said Author saith Ipso glorioso Rege Richardo annuente omnia disponente emendata sunt Were amended by the consent of glorious King Richard who disposed all things himself to the restitution of the ancient liberties freedome of the said Church of Normandie 45. It were ouer long to run ouer many other examples which might be alleadged to this effect for proofe of King Richards true Catholicke deuotioÌ towards the Church as also of his acknowledgement and obedience to the authority of the Sea of Rome in all Ecclesiasticall affaires during his life and raigne There are 4. or 5. epistles exstant in Houeden written to diuers parties by Celestinus the Pope which he wrote one soone after another concerning the forenamed Geffrey Archbishop of Yorke citing him to Rome to answere to certaine accusations laid against him by his Chanons and others accusing him among other things Quod âenationibus aucupio totius animi studium applicabat That he applied his whole mind hunting and hauking And againe De inhonesta vita invtili conuersatione They accused him of dishonest life and vnprofitable conuersation For which though he were the Kings brother yet not making his appearance in Rome nor lending his lawfull defence or purgation thither he was suspended by the said Popes Bull and the King was so far of from taking it euill or defending him as he caused the lands and possessions of his Bishopricke to be seased on Praecepit illum dessesire saith Houeden de Episcopatu suo de Vice-comitatu Eboraci He commaunded him to be dispossessed of his Archbishopricke and of the Vicount-ship of Yorke 46. But afterward Celestinus being dead and Innocentius the third succeeding him in the Popedome and the said Geffrey amending his manners as may be presumed Misit literas suas deprecatorias ad Richardum Regem c. The said Pope Innocentius sent his letters to K. Richard of England requesting and exhorting him by Fatherly admonition that he would receiue into his loue and brotherly familiarity againe the said Archbishop at his request and suffer him in peace to returne to his Bishopricke for that otherwise he should be forced to vse Ecclesiasticall Censures against the said King and his Kingdome Vnto which petition ioyned with some commination as you see the King obeyed sending diuerâ Bishops vnto the said Archbishop whose names Houeden setteth downe In spiritu humilitatis postulantes ex parte Regis vt ipse
ratas haberet donationes quas fecerat Rex in Eboracensi Ecclesia Dominus Rex redderet ei Archiepiscopatum suum cum omni integritate c. These Bishops were to demaund in the spirit of humulity on the Kings behalfe that the said Archbishop would ratifie and make good all the donations or gifts which the King had bestowed in the Church of Yorke during the time he had with-held his Archbishopricke that there vpon the King would restore vnto him his Archbishopricke with all integrity But the Archbishop demaunded first of these Bishops sent vnto him whether they would vnder their hands and writings assure him that he might doe it in conscience but they refusing he refused also to graunt the Kings request and therevpon appealed againe to Rome and went thither in person and the King on his side sent Proctors and Aduocats thither to plead for him as Houeden at large declareth And moreouer to bridle him the more he besought the Pope to make Hubert then Archbishop of Canterbury Legat of the Sea Apostolike ouer all England 47. And agayne both this Author and Nubergensis doe declare how the foresaid VValter Archbishop of Roane that had byn so great a friend of K. Richard euer since the beginning of his raigne and had gone with him to Sicily and returned againe to England for pacifying of matters between the Bishop of Ely that was Gouernour the Earle Iohn and moreouer had also byn Gouernour of England himself after King Richards Captiuitie had not onlie laboured for him as you haue heard by his letter to the Pope but went also in person to assist him in Germanie and remained there in pledg for him this man I say receiuing disgust at length from the said King for vsurping vpon certaine lands and liberties of his in Normandy he brake with him appealed to the Pope went to Rome against him and the King was forced to send Embassadours to plead for himself there against the other who pleaded so well saith Nubergensis alleadging the Kings necessitie for doing the same as the Pope tooke the Kings parte and tolde the Bishop openlie in publike Consistorie that he ought to beare with the King in such a necessitie of warre which being once past matters might easilie be remedied And thus much for the Popes authoritie acknowledged and practised during the raigne of this King Richard the first out of which M. Attorney found no probable instance at all to be alleadged to the contrarie and therfore made not so much as mention of any OF THE RAIGNE OF KING IOHN VVho was the seauenth King after the Conquest §. III. 48. Of this King being the last sonne of K. Henry the second we haue heard much before vnder the name of Earle of Morâââ which may declare vnto vs the quality of his nature and condition to wit mutable and inconstant but yet vehement for the while in whatsoeuer he tooke in hand indiscreet also rash and without feare to offend either God or man when he was in his passion oâ rage This appeareth well by his many most vnnaturall and treasonable actions against his kind and louing Father whilest he liued wherby he shortened his said Fathers life as before hath byn related And the same appeareth yet more in a certaine manner by his like attempts against his owne brother both when and after he was in captiuity which brother notwithstanding had so greatly aduaunced him and giuen him so many rich States in England as he seemed to haue made him a Tetrarch with him say our English authors that is to say to haue giuen him the fourth parte of his Kingdome which notwithstanding was not sufficient to make him faithfull vnto him 49. This man then succeeding his brother Richard with whom he was beyond the seas when he died laid hands presently on the Treasure and fortresses of his said brother and by the help of two Archbishops especially to wit VValter of Roane in Normandy and Hubert of Canterbury in England he drew the people and nobility to fauour him and was crowned first Duke of Normandy by the one and then King of England by the other when he was 34. yeares old and held out in the said gouernmeÌt with great variety of state and fortune for 18. yeares old togeather The first six with contentment good liking of most men the second six in continuall turmoile vexation and with mislike of all and the thiâd six did participate of them both to wit good and euill though more of the euill especially the later parte therof when his nobility and people almost wholy forsakinge him did call in and crowne in his place Lewes the Dolphin Prince of France pretended to be next heire by his wife the Lady Blanche daughter to the said K. Iohns sister Queene of Castile which brought K. Iohn to those straites as he died with much affliction of mind as after you shall heare 50. To say then somewhat of ech of these three distinctions of tyme noting some points out of them all that appertaine to this our controuersie with M. Attorney you haue heard in the end of K. Richards life how VValter Archbishop of Roane appealed to Pope Innocentius against the said King for seasing vpon certaine lands of his and namely the Towne of Deepe which Innocentius commaunding to be restored K. Iohn obayed and made composition with the said Archbishop vpon the yeare of Christ 1200. which was the second yeare of his raigne as Houeden reporteth restoring him Villam de Depa cum pertinentijs suis The Towne of Deepe with the appurtenances and diuers other things which the said author setteth downe shewing therby the obedience of K. Iohn to the Popes ordination 51. Moreouer there falling out a great controuersie between Geffrey Arcbishop of Yorke K. Iohns brother and the Deane and Chapter of the said Church and both parties appealing to Rome Pope Innocentius appointed the Bishop of Salisbury and Abbot of Tewxbury to call them before them in Church of VVestminster and determine the matter so they did made them freinds the King not intermedling in any part therof though the matter touched his brother and concerned his owne Ecclesiasticall supremacy if he had persuaded himself that he had had any And the verie same yeare the Bishop of Ely and the Abbot of S. Edmunds-bury were appointed Iudges by the said Pope in a great cause between the Archbishop and monks of Canterbury which they determined publikelie Vt Iudices à Domino Papa constituti saith Houeden as iudges appointed from the Pope without any dependance of the King at all though their cheife controuersie was about the priuiledges and proprieties of lands lordships and officers of theirs to wit of the said Archbishop and Monkes 52. And wheras the foresaid Hubert Archbishop of Canterbury with the rest of the Bishops summoned a generall Synod in England for ordaining many thinges according to the neede or
necessitie of the English Church and the King by euill ãâã saile of some went about to let the said Synod forbidding the same by his supreame Iusticer which was the highest power at that time vnder the King the said Archbishop admitted not the prohibition Archiepiscopus saith Houeden generale celebrauit Concilium Londonys apud VVestmonasterium coÌtra prohibitionem Gaufredi filij Petri Comitis de Essexia tunc temporis Summi Iusticiarij Anglia The Archbishop did celebrate a general Councell at VVestminster in London against the prohibition of Geffrey the sonne of Peter Earle of Essex which at that time had the office of the cheife Iusticer of England So as we see that they followed not the Kings inclination in this spirituall affaire but held their Councell and finished the same notwithstanding the former secular prohibition of the supreme Iusticer And Houeden that was then liuing setteth downe all the Canons and Ordinances at large of the said Councell which had these words in the end of euery one seuerally repeated Saluo in omnibus Sacrosanctae Romanae Ecclesiae honore priuilegio sauing in all points the honour and priuiledge of the holy Church of Rome Which was the sooner added for that the general Councell of Lateran in Rome was shortely after to ensue which might adde take away or alter whatsoeuer should seeme best to the Decrees of this Nationall Councell 53. Neither is there read any thing to haue byn done or said against this by the King though it is like that some of his Counsell did egge him against it as may appeare by the said prohibition of his Iusticer before mentioned Nay not only was K. Iohn obedient to the Church her authority at this time but otherwise also shewed himself very deuout pious by many wayes to which purpose among other things it is recorded by this author that when S. Hugh Bishop of Lincolne who was held for a great Saint all dayes of his life lay on his death-bed at London King Iohn went vnto him to visit him with great deuotion and confirmed his testament which he had made of his goods in fauour of the poore and promised moreouer to God in his presence that during his life he would alwayes confirme and ratifie the testaments of English Bishops and Prelates made to that effect 54. And the same author recounteth furthermore that nââ longe after this the King being at Lincolne twelue Abbots of the Order named Cistercienses comming vnto him fell downe at his ãâ¦ã of his ãâ¦ã ence all their cattle ãâã in the same ãâ¦ã whom the King said that they should rise vp ãâ¦ã saith our author diuina inspi ãâ¦ã cecidit ãâ¦ã omiam postulant c. And then the King himself by the inspiration of Gods holy ãâã fell downe vpon ãâã on the ground before their feete making them pardon for the iniury done to them by his officers And from that day forvvard he graunted them that all their ãâã should feed freely in his forrest And moreouer he willed them to seeke out a fit place in the Kingdome where he might buyld them a monastery for his deuotion and so he did founding both that and ãâã others as the monasteryes of Farendon ââââayles ãâã and VVââx-hallâ so as if he had continued in the course of piety and moderation in life he had byn a notable King towards which he had many good partes 55. But about the 7. or 8. yeare of his raigne he began greatly to change his coÌditions to the worser partâ which some ascribe ãâã to the death of Queene Eleanor his mother vpon the sixth yeare of his raigne to whom he bare respect as long as she liued and her death was thought to be hastened by the affliction she tooke of K. Iohns cruelty towards Arthure Earle of Brittany her Nephew who being a goodly young Prince of 17. yeares old was made away in the Castle of Roane in the yeare 1203. by poison as some men thinke but as the King of France maintained before Pope Innocentius he was slaine by K. Iohns owne hands and his younger sister carried prisoner into England kept in Bristoâ Castle where she pined away though both these pretended to be neerer the Crowne of England then K. Iohn himself for that they were the children of his elder Brother Geffrey by marriage Earle of Brittany 56. From this beginning then of domesticall bloud K. Iohn fell into his other rages of disâreââââ life and namely against the Church and Church-men ãâã wherof this particular occassion fell ouââ that the foresaid ãâã Archbishop of Canterbury being dead vpon the youââ ãâ¦ã the King desiring to prefer to that ãâã one Iohn Gray Bishop of ãâã whom he greatâââ ãâ¦ã principall monkes of the ãâ¦ã election appertained to ãâ¦ã for that ãâ¦ã Canterbury to further that election by his owne presence And the monkes ãâ¦ã cretly they had chosen another before whose name was ãâã Sub-prior of the house and with the same secresie had ãâ¦ã away towards Rome for his confirmation with oath ãâã should not disclose himself vntill he came thither yet ãâã ly vpon offence taken with him for discouering himself ãâ¦ã election in Flaunders and partly vpon the instance and ãâ¦ã the King present they chose the said Bishop of Norwich ãâã him his letters of election in like manner with which the King presently sent him away to Rome adioyning speciall messengers of his owne to commend him to Pope Innocentius by all meââes possible for his admittance 57. But the Pope seeing two elections made by the monkâââ ãâã two seuerall men and that the Couent was deuided vpon the matter he persuaded them for concordes sake to choose a ãâã and to leaue the former two and so at last they did and tookeâ certaine English Cardinall then in Rome named Stephen Longâââ a man of great learning and most commendable life but not knowne or liked by the King both for that he had byn brought vp in the vniuersityes of France and not of England and for that the King could not brooke that the election which he had âââcured with so great diligence of the Bishop of Norwich should be reiected whervpon he fell into so great distemper of passion as was lamentable For first hauing made proclamation that the said Cardinall elected Archbishop and confirmed by the Pope and sent into France should not come into England ãâã receiued by any man vnder paine of death he sent his officers to CaÌterbury to sease both on the laÌds of the Archbishopricke ââ also of the monkes and to driue them out of the Realme with all the shame and vexation that might be and so they did And the said expulsed monkes were forced to fly ouer the sea to ãâã and liued for the time in the monastery of S. Berlin in that Ciâââ and the King commaunded to be put into that Couent ãâã religious men of the order of S. Angustine and more then this ãâã to that exasperation
against all Clergy-men as he seased ãâã most parte of their goods throughout all England And ãâã Pope Innocentius wrote diuers letters to pacifie him ãâ¦ã angerly to him againe Affirmaeâs saith our ãâ¦ã electione simul promotione Nârvicensis Episcopi ãâ¦ã reuocari Affirming that he could not be ãâ¦ã ãâã and promotion of the Bishop of Norwich whome he vnderstand to be profitable vnto him Quod pro libertatibus Corona sua ââabit ãâã fuerit vsque ad mortem That he would stand if need should be for the libertyes of his Crowne euen vnto death Et si de prae ãâã fuerit exaâditus omnibus Romaââ petentibus maris semitas angu ãâã That if he may not be heard in the premisses he threatned to âââiten the passage of sea to all them that would goe to ãâã So he 58. In all which we see notwithstanding his great displeasure taken he doth not deny the Popes authority spirituall nor ascri ãâã the Supremacy therof vnto himself but only standeth vpon the libertyes of his Crowne which was as there he signifieth that the Archbishop of Canterbury should not be chosen without his consent or liââing though the election therof he tooke not to himself but left it free to the said monkes to whome from the very beginning of Christianity in England the said election appertained And truly many godly and wise men at that time did wiâh that Pope Innocentius had not stood so hard with K. Iohn in ãâã point as this was for contending him with a person gratefull vnto him in that Archbishopricke For from this disgust proceeded all the disorders and miseries that afterward ensued as namely the Kings raging against all the Clergie the particulars wherof are strange and lamentable the interdict of the whole Realme that lasted for fiue or six years without celebrating of deuine seruice in the Churches and finally the excommunication of the King himself and other infinite troubles therof ensuring the said King so raging on the otherside for diuers years togeather as he seemeth not to be well himselfe specially after he saw his Nephew Otho to be depriued also of the Imperiall Crowne by the said Innocentius 59. Many strange acts are recounted of K. Iohn in this time as for example that he sent from time to time to all noble men and gentlemen whom he any wayes suspected to be offended with him commaunding them to giue him for pledges their sonnes or daughters or next of lâyn And for that the wife of one VVilââââ Erause Barââ cast out a word that she doubted least her children might be vsed by Duke Geffreys children were to wit ãâ¦ã his ãâã the King sent to apprehend them all and they ãâ¦ã he ãâã them so hardly as he tooke ãâ¦ã and caused them to be starued to death in VVindesâr castle And the same author of ââââris who liued at that time writeth the Kings fury to hâ ãâã great to commit such horrible acts of cruelty vt ãâ¦ã extuteret Tyrannorum That it would make euen Tyrants to ãâã he addeth further Mukârum nobiliam vxores sâtiâ apprâââââ ãâã did oppresse and vse violence not only to the lands goodâ ãâã honours of noble men but to their wiues and daughter ãâã He telleth further that being one day at Nottingham and ãâ¦ã that the Welch-men began to styr he coÌmaunded to be brought forth 28. faire young children which he had for pledges of the cheifest nobility of that nation and all to be hanged togeather vpon one gallowes in the yeare 1212. 60. He caused in like manner all the Iewes through ãâã glaud both men women and children to be taken and âââââted to know where there money vvas vvho commonly ãâ¦ã the violence of the said tortures gaue him all that they had and more too And when in Bristow they had tortured one by ãâã sortes of torture the King gaue this sentence vpon him that eâery day he should haue one of his teeth pulled out with the ãâã test despite and torment that might be vntill he had paid ãâã ten thousand markes of money and when the Iew had ãâã seauen teeth to be so pulled out in seauen sundry dayes ãâã to auoyd the torment of the eight tooth bound himself to pay the ten thousand markes 61. The same author relateth in like manner that the said King meeting one day a company of men which were the ãâã officers that led bound a murderer towards prison that had robbed and slaine a Priest vpon the high way said vnto them It is no matter he hath killed an enemy of mine let him goââââ and so they did And at another time being at Oxford and âââring that a certaine Clarke by meere chaunce had ãâã woman to death and thervpon fled and the Iustice hauing ãâã three other Clarkes whom they found dwelling in the ãâã house though vtterly guyltlesse of the faââ the King comââââded them all three to be hanged And moââouer when the ââââdome was put vnder interdict Rex quasi in fâriam vââsus saith ãâã author in verba blasphemia prââupit iuraâper ãâ¦ã ãâã King being turned as it were into fury did ãâ¦ã blasphemous words swearing by the teeth of Godâ ãâ¦ã âââsoeuer he should find any Romanes in any of his landâ he ãâã ãâ¦ã to Rome with their eyes pulled out and nosthrels ãâ¦ã He spake also words as though he beleiued not the resurrection of the next life So ãâã our Author 62. But aboue all fury and wickednes was that resolution which he tooke soone after to wit vpon the yeare 1213. when he sent Syr Thomas Hââthington and Syr Raph Nicholson Knights and Syr Rââârt of London Priest for his Embassadours to the great Maââââââ King of Africke Morocco and Spaine named Miramumilinus offering to be of his religion and to make his Kingdome tributary vnto him and to be his vassall hold it of him if he would ãâã with an army by sea to assist him But when the said Maâââââtan great Prince being a very wise man informing himself of the particularâ of his person state showed contempt therof ãâã also of his offer as our Author that spake with one of the Ambassadours setteth downe at large K. Iohn tooke another resolution and passed to the quite contrary extreame resoluing not only to obey the Pope in spirituall iurisdiction but in temporall also and to make his Kingdome tributary and feudatory to the Sea of Rome by payment of a thousand markes euery yeare ther vnto which he bound himself and his heirs to doe vnder a ãâã large Charter sealed with the great seale of England in gold sending the same to Rome to Pope Innocentius vpoÌ the yeare 1214. 63. And by this and other such tokens of his heartie conuersion and sorrow for thinges past he so gained the said Pope that suruiued him as he had him his most earnest defendour all daies of his life after both aginst the King of France his
Church-causes wherof M. Attorney as before you haue seen setteth downe a longe catalogue of such causes as cannot be iudged by the temporal law but must necessarily be remitted to spirituall Courts all these things I say matters and affaires were left as fully and wholy in the hands of the Bishops and English-Clergy with their subordination to their head the Pope by this K. Henry as by any of his predecessours or successours without the intermedling of any secular man therin as iudge or hauing authority Ecclesiasticall as of him self but only by way of intercession And this may be proued by infinite examples but none more apparant then by the practice of elections and promotions of Ecclesiasticall persons wherin though since that time by agreement of the Sea Apostolike Catholike temporall Princes haue for the most parte denomination and presentation yet then they had notâ but that all elections were free to the Chapters of Churches and monasteries the confirmation commonly was sought at Rome and the King had no more parte therin but only that the said elections must be made by his leaue so presented to the Pope for confirmation 15. And of this other like matters we might giue examples without end for that euery day they fell out As for example vpon the yeare 1226. which was the tenth yeare of K. Henries raigne the Bishop of Durham Richard being dead the K. endeauoured greatly to bring in a certaine chaplaine of his named Luke into that dignity delt earnestly with the Prior CoueÌt of that Câârch to whom the election belonged to further the same But they holding the man vnworthy saith Mathew Paris for so great a dignity chose a learned and vertuous Priest that was Archdeacon of VVorcester named VVilliam Scot praying the King to be content therewith and so sent him to Rome to be confirmed by Pope Honorius the 3. But K. Henry being offended therewith sent the Bishop of Chichester with another Prior for his Embassadours to Rome to contradict the said election and thereby hâld it in suspension for two years vntill Pope Honorius being dead and Gregory the 9. succeeding in his place he did reiect both the one and the other before named and translated vnto Durham Richard Bishop of Salisbury And the same yeare determined also that great controuersie saith our Author that had lasted diuers years between the Prior and Couent of the Monks of Couentry and the Deane and Chapter of the Chanons of Lichfield which of them should choose their Bishop and the said Popes determination was that one parte should choose him one tyme and the other the other but yet so as the Prior of Couentry should alwayes haue the first voice in both elections neither did the King contradict this ordination 16. Moreouer in this verie same yeare of 1228 died Cardinall Stephen Langhton Archbishop of Canterbury with whome and against whom K. Iohn moued so great troubles as before you haue heard who being dead and the monkes according to order hauing obtained licence of the King to make their election of a new they chose a monke of their owne called VValter Hemesham but the King after some deliberation not liking of him began to laie diuers obiections against him as may bee seen in our Author that liued in those daies But hee appealing to the Pope went to Rome whervpon the King setting downe his obiections in writing sent the Bishops of Rochester and Chester togeather with the Archdeacon of Bedford for his Embassadours to contradict the same also whome Pope Gregorie hauing heard and considered for diuers moneths togeather gaue sentence the next yeare after against him and at the instance both of the King Suffragan Bishops of Canterbury elected of himself into that dignitie one Richard that was Chauncellour of the Bishoâ of Lincolne Virum eminentis scientiae literatura conuersationis ââ nestae saith our Author A man of eminent knowledg and learning and honest conuersation though he doe add this that to obtaine this election of the Pope to reiect the othââ the said Kings messengers offered that his maiesty the Realme should be coÌtent to graunt to his Holines a tenth ouer all England for his warrs against Fredericke the Emperour But howsoeuer that was this proueth euidently the acknowledgment of his supreme Ecclesiasticall authority ouâr England by this King as doe infinite other things which are ouer many to be recouÌted in this place 17. For first this verie Archbishop Richard being procured as you haue seen with such diligence by the King three years after his election to witt vpon the yeare of Christ 1231. when the King in a Parlament holden at VVestminster exacted as well of the Clergie as of the laitie a certaine payment or contribution of money called Scutagium not accustomed to be paied before the said Archbishop with his Bishops audacter resistentes dixerunt quod non tenerentur viri Ecclesiastici iudicio subijci laicorum boldlie resisting said vnto the King that Clergie-men were not bouÌd to be vnder the iudgment of Lai-men in the Parlament And moreouer the said Archbishop going priuatelie afterward to the King complained much of his high Iusticer Hubert de Burgo Earle of Kent for detaining certaine lands belonging to the Sea of Canterbury and a little after not receauing satisfaction from the King he pronounced excommunication against the said Hubert and other detainers and all that should keepe them companie except onlie the King himself and hauing done this he appealed to Rome and went thither himself Against whome the King sent one Roger de Cantelù and diuers other learned men for his procurators whome Pope Gregorie the nynth hauing heard gaue sentence for the said Archbishop Richard against the King Proposuerunt autem in contrarium Clerici Regis saith Matthew Paris pro ipso Rege Iusticiario multa inaniter allegantes sed parum vel nihil profecerunt quia causa Archiepiscopi iusta erat fauorabilis The Kings Clarks and Procurators proposed manie thinges to the contrarie in fauour of the King and his Iusticer but of no moment and consequentlie they profited little or nothing with the Pope for that the Archbishops cause was both iust and fauourable See heer againe the Popes authoritie in practice 18. And when this good Archbishop Richard dying in his way homeward left the Church void againe of a Pastor the Prior and Couent of Canterbury chose for Archbishop one Raph Neâil Bishop of Chester and Cauncelour of the Realme wherat the King being verie glad sent his messengers togeather with the partie chosen and the monkes that accompanied him to Rome for his confirmation But Pope Gregorie vpon the information of one Simon de Langituna to whom the examination of the person was committed did refuse him as an vnlearned man and a Courtyer and vnapt to preach or teach but indeed as some suspected least being a great lawyer and of much authoritie
in England for that he was Chauncellour also of the Realme he should goe about to vndoe that couenant of temporall subiection which King Iohn had made to the Church of Rome and his sonne King Henry hitherto continued But howsoeuer this was he was not admitted but the Couent of Canterbury was commaunded by the Pope to choose an other which they did the next yeare after choosing the Prior of their owne Couent named Iohn whom the King accepting he was sent to Rome with recommendation of both their letters at the same time the King sent also to Rome saith our Author a young knight named Robert Thynne of the North-countrey that had fallen into the Popes excommunication for a certaine excesse of his to the end that he might be absolued Deprecans obnixè vt militem illius intuitu exaudiret Desiring the Pope most earnestly that for his sake he would graunt the knight pardon and absolution in the thing he came for 19. And albeit we may presume that the Pope absolued the same knight at the Kings request yet did he not admit for Archbishop the elected Prior but esteeming him to be ouer aged commaunded the Prior and Couent of Canterbury to choose a third which was S. Edmund of Abingdon canonized afterward by Pope Innocentius the 4. And at the same time he wrote very sharpe letters vnto the King of England reprehending him for suffering certaine violent excesses to be committed against Clergie-men Non habens respectum ad sacramenta quae iurauerat tempore Coronationis suae de pace Ecclesiae mantenenda c. As not hauing regard of the oath which he did sweare in the tyme of his coronation to maintaine the peace of the Church Mandans Regi firmiter praecipiens sub paena excommunicationis c. Commaunding the King vnder paine of excommunication to cause due ãâã tion to be made of the fact and to send to Rome those that should be found culpable therin to be absolued by himself To which commaundement the King obayed most promptly and sent to Rome among others the young knight before mentioned with diuers of his seruaunts which well proueth the opinion he had of the Popes authority how farr he acknowledged the same And many hundred other such like examples might I alleadge out of the life and large raigne of K. Henry if it were not ouer tedious for that this course did he hold all his dayes 20. And albeit there began to be in his dayes more then before very great repining in the people nobility and Clergy first against all strangers in generall for that the King was most ruled for many years by Pictauians or men borne in his Countryes of Poytoù beyond the seas the principall wherof was one Peter Bishop of VVinchester who did patronize the rest then in particular also against Italians that were preferred to Ecclesiasticall liuings in England by the Popes of those times more then before had byn accustomed who perhaps might presume the moââ therin also in respect of the temporall acknowledgement of the Kingdome before mentioned that the said complaints grew to be so great and generall as the King was sore pressed therewith and for remedy therof forced at length to dismisse and put away his said Pictauians yet in the other point of Italians Romaines he could neuer be induced to doe more but to represent only by way of supplication to the Popes themselues the hurtes and inconueniences that did ensue therof that they themselues might put conuenient remedy 21. And therefore first of all vpon the yeare 1244. which was the 28. of his raigne he wrote a letter to Pope Innocentius the 4. in these words Sanctissimâ in Christo Paetri ac Domino Innocentia Dââ gratia Summo Pontifici Henricus eadem gratia salutem pedum ãâ¦ã beatorum and then he beginneth his leâter thus Quo amplius c. By how much the more an obedient sonne doth submit himself vnto his Fathers will and more promptly and deuontly ãâã subiect himself to his commaundements the more doth he deserue to haue his fatherly protection as the reward of his obedience and deuotion Hence it is that albeit at all tymes ãâã our raigne we haue exposed our selues and our Kingdome in all things to the will of your Fatherhood and ther we haue in most busines of ours found your fatherly solicitude and grace towards vs yet in some prouisions of yours made to Clergie-men both English and strangers we find our selues and our Kingdome not a little aggreiued c. Wherefore we doe supplicate vnto your Fatherhood that you will defend with Fatherly care and solicitude all our rights and libertyes which you may repute to be not so much ours as yours and that you will cause them to be preserued in your Court against the suggestioÌs of whomsoeuer And your Holines must not be moued if we haue gone against some of your orders and commaundements in this behalfe for that the clamour of such as thought themselues aggreiued haue compelled vs therevnto and we may not deny any man right for so much as by the office of Kingly dignity giuen vs by God we are bound in ciuill matters to administer full iustice to all 22. Thus wrote K. Henry vpon the foresaid yeare vnto Pope Innocentius the 4. and the next yeare after which was 1245. there being held a generall Councell at Lions as before hath byn said the King and Realme tooke this resolution to send certaine procurators thither to coÌplaine of the said greiuances hurtes which the Realme receiued by so many strangers placed in benefices throughout England who had neither language to preach and teach nor mynd or meane to keep hospitality for the poore and that the naturall subiects of the land were heerby depriued of that preferment the patrons of benefices debarred of their right to nominate present incumbents by the Popes prouisions made in Rome or of his Legats in England which complaints seeming reasonable were fauourably receiued in the said Councell as may appeare by diuers rescripts of the said Pope InnoceÌtius to the Archbishops and Bishops of England about prouiding the benefices vnder their charge with fit English men Vniuersitatem vestram monemus rogamus hortamur c. We doe warne beseech exhorte the whole body of your Realme and doe commaund you by these our Apostolicall letters that you haue great care of all the youthes of your Cittyes and Diocesses that are Clergie men or desire to be especially gentle-men and noble-mens sonnes whom we desire to promote c. And againe in another Breue to the said Archbishops and Bishops VVe doe exhorte commaund you to bestow the Ecclesiasticall benefices belonging to your collation when they shall fall void vpon fit men of your nation c. And yet further in a third Breue Volentos iura vestra illaefa serâari c. We desiring that your right for
bestowing of Ecclesiasticall benefices ãâã inuiolate and that such as are Patrons of benefices may present fit men of your nation when they shall fall void c. 23. But yet the next yeare after the King calling a generall Parlament at London and the former greiuances not seeming to be sufficiently remedied by the said recourse to the Councell answers and promises of the Pope the same complaints were renewed againe with greater exasperation then before and the said greiuances put downe in writing All which being considered and weighed by the Parlament Vnanimiter consenserâât omnes saith Mathew Paris vt adhuc ob reuerentiam Sediâ Apostolicae Domino Papae humiliter deuotè tam per Epistolas quam per solennes Nunciâs supplicarent vt tam intollerabilia grauamina iugum subtraheret importabile The whole Parlament did agree that yet once more for reuerence of the Sea Apostolike humble and deuout supplication should be made to the Pope both by their letters and solemne messengers that he would take from them the intollerable greiuances and importable yoke which by the foresaid abuses they felt to ly vpon them And so presently were written letters seuerally to be sent by the said messengers Frist by the Archbishops and Bishops Secondly by the Abbots Priors religious men Thirdly by the Earls Barons and communitie of the Parlament Fourthly by the King himself who wrote not only to the Pope as the rest did but a seueral letter also to the Cardinals to further the suite which letters are set downe by Mathew Paris at length and are to long for this place 24 Yet one thing I cannot omit that wheras the King wrote most deuoutly humbly both to the Pope Cardinals saying that he did make recourse in these complaints of his nobility and subiects to the Church of Rome Vt filius ad matrem quem suis lactavit vberibus as a sonne to his mother whome she hath nourished with her teates of mylke The said Barons though oftentimes repeating the words implorantes humiliter ac deuotè we beseeching you humbly and deuoutly vt dignemini miscricorditer exaudire that you wil vouchsafe mercifully to heare vs Yet adioyned they also this threat in the end that except they were eased of these burthens laid vpon them the Realme and their King they should be forced to put themselues as a wall for defence of the liberties of the said Kingdome which hitherto for reuerence of the Sea Apostolike they had differred to doe nor could expect any longer then the returne of their Embassadours So they 25. And by this we may se where the beginning was of those restraints which afterward in the dayes of other ensuing Kings were made against prouisions from Rome and benefices to be giuen to strangers as also against appeals in certaine cases other such like ordinances which seeme to containe some restraint of the execution of the Popes Ecclesiasticall authority in England Which did not rise as you see vpon any change of former faith or iudgement in religion or calling in question the said Popes spirituall iurisdiction ouer soules but only vpon temporall respects reasons of state and the like which concerned nothing at all faith or beleife or substance of religion And this one only consideration ouerthroweth all the poore obiections which M. Attorney hath picked out vnder the raigne of this other Kings that follow which now we shall take in hand to examine and discusse euery one as they come in their place Two instances alleadged out of the Raigne of this King Henry the third and of what weight they be §. I. 26. And first what doe you thinke M. Attorney bringeth out of this Kings raigne or can bring to ouerthrow all that we haue alleadged before in the same Kings life beleife gouernment and actions Doth he alleadge any one Law or Statute of his for that he was the father and founder of our Statute-lawes as he confesseth doth he produce any one decree wherby he declared that he thought himself to haue supreme spirituall authority or denyed or called in question that of the Sea Apostolike notwithstanding all the greiuances which before haue byn mentioned No truly no one word is alleadged therof though otherwise as I said this K. Henry made many Statutes at sundry Parlaments as for example vpon the 9. yeare of his raigne he made the famous Charter wherof we haue spoken before called Magna Charta containing 37. Chapters which may in effect be called so many different Statutes The first wherof beginneth thus VVe haue graunted to God and by this our present Charter haue confirmed for vs and for our heirs for euermore that the Church of England shall be free and shall haue all her holy rites and libertyes inuiolable So ãâã first and most ancient Statute and the cheifest liberty of the Church of England is vnderstood to haue byn their free dependance of the Sea Apostolike and their recourse therevnto without interruption or intermedling of any secular power in their Ecclesiasticall affaires 27. Besides this there was made by him in the same 9. yeare of his raigne the other notorious Charter named Charta de Foresta coÌtaining 16. Chapters or brauÌches as also the other named Merton vpon the 20. yeare of the said Kings raigne that hath six seuerall braunches or Statutes as diuers others also made vpon the 51. year of the said Kings raigne intituled vnder diuers particular titles as Dies communes in Banco Dies communes in dote Districtâââ Scaeccariae Iudicium Collistrigij de compositione mensurarum and the like And finally the other booke of Statutes made vpon 52. yeare called Marle-bridge containing 16. braunches or statutes In all which no one thing is found in fauour of M. Attorney or his assertion but many for vs if we would examine the partes and clauses of euery one For that the religion of England in that tyme being perfectly Catholike and agreeing in all things with it self with other Kingdomes of the world in one manner of beliefe and acknowledgement of the dependance of Spirituall and Ecclesiasticall power from the Sea Apostolike they could not make lawes for ordering their temporall affaires but must needs enterlace many things that did testifie the conformitie and subordination therof to the spirituall And if any temporall lawyer in England at this day though of far inferiour account and place to M. Attorney would take vpon him to write a booke alleadge all the lawes both common and statute and braunches therof that doe confirme allow or strengthen the Catholike Religion from most auncient tymes wherin any memory is of our lawes he might so far ouerbeare M. Attorney both in bulke and substance and truth of his allegations as S. Augustines volumes for example doe exceed in all these points Esops fables And this will you see in parte by that which we are now first to examine in this place I meane his first obiection set downe
out of King Henry which shall goe in this owne words as before we haue accustomed The Attorney In all the time of K. Henry the third and his progenitours Kings of England and ouer sithence if any man doe sue afore any Iudge Ecclesiasticall within this Realme for any thing wherof that court by allowance and custome had not lawfull Conusaunce the King did euer by his writ vnder the great seale prohibite them to proceed And if the suggestion made to the King whervpon the prohibition was grounded were after found vntrue then the King by his writ of consultation vnder his great seale did allow and permit them to proceed Also in all the raigne of Henry the third and his progenitours Kings of England and euer sithence if any issue were ioyned vpon the loyalty of marriage generall bastardy or such like the King did euer write to the Bishop of that Diocesse as mediate officer minister to his courte to certifie the loyalty of marriage bastardy or such like all which doe apparantly proue that those Ecclesiasticall Courts were vnder the Kings iurisdiction and commaundement and that one of the Courts were so necessarily incident to the other as the one without the other could not deliuer iustice to the parties as well in these particular cases as in a number of cases before specified wherof the Kings Ecclesiasticall Courte hath iurisdiction Now to commaund and to be obayed belonge to soueraigne and supreme gouernment c. The Catholike Deuine 28. The conclusion or inference vpon this narration must be noted by the Reader to be M. Attorneys owne and not to be taken out of any other lawyers booke as the former parte of the narratioÌ is that telleth vs how the King appointeth that ech Court both spirituall and temporall shall handle matters and causes proper and peculiar vnto them and the one not to intrude it self into the affaires of the other and to this effect are his vvrits appointed of prohibition where matters are assumed which ought not in that Courte to be treated and of consultation to will them to proceed when their right is knowne All which maketh for vs shewing that the King would haue the subordination between these two Courts to be obserued and the spirituall to direct the temporall where any one thing might belonge vnto them both As for example if any man were impeached of bastardy thervpon his inheritance were claimed by another the Ecclesiasticall Court was first to giue sentence of the marriage whether it were lawfull or no then according to that senteÌce was the teÌporal Court to giue possession or not of the inheritaÌce 29. And that this was the true sincere meaning of the law at that time intending therby to shew the excellency and prerogatiue of the Bishops spirituall Courts aboue the Kings temporall is plaine and euident by an other Statute of this maner which M. Attorney would not see made in the 9. yeare of King Henry the 6. where it is ordained in explication of the former that when any such Plea of bastardie is held in any Courte of the Kings the Iudges therof shall make proclamation once in their Courte the Chauncelour of England certified therof by them shall cause to be made 3. seuerall proclamatioÌs in 3. seuerall moneths in the ChauÌcery That al persons pretending any interest to obiect against the party shall sue to the Ordinary or Bishop to whom the writ of certificate from the said Iudge or Iudges is or shall be directed to make their allegations and obiections against the party as the law of Holy Church requireth And that without this forme obserued al other processe shal be voide c. 30. And by this we may see how carefull the auncient lawes were to haue the spirituall Courte as the superiour well informed according to the law of Holy Church and how not only ordinary Iudges but the Chauncellour of England himself his highest Court of Chauncery was appointed to serue vnto this for that of the spirituall Courts iudgement depended in all such causes the iudgement of the temporall Courts And by this you will se also the vaine sleight of M. Attorney in telling vs that the King did euer write vnto the Bishop of that Diocesse as mediate officer and minister to his Courte to certifie the loyaltie of marriage c. For where doth he find in any ancient law at all those words as mediate officer and minister to his Courte in the latine himself leaueth out the words to his Courte though in calling the Bishop mediate officer or minister which is as much to say as superior officer for that in mediation and subordination of officers and ministers that gouerne the mediate hath the higher roome in respect of the people and Court wherof he is officer he includeth a contradiction against himselfe for then is the said Bishop also aboue all immediate temporall Iudges that must giue him certificate wherof the Chauncellour we se is one euen in the Kings temporall Courts themselues 31. But the inference is much more subtile when M. Attorney saith All which doe apparantly proue that those Ecclesiasticall Courts were vnder the Kings iurisdiction and coÌmaundement But M. Attorney must not so huddle vp iurisdiction and commaundement for that no man will deny but that all sortes of persons as before hath byn said are vnder the coÌmaundement gouernement of the temporall Prince whom he may commaund ech one to doe their office duty in the CoÌmon-wealth And so may he appoint Ecclesiastical Courts to notifie their sentences iudgements proceedings to his Courts his Courts to informe the Ecclesiastical Courts for good mutuall correspondence between them both which we graunt also to be necessary in euery Common-wealth 32. But iurisdiction which M. Attorney craftely confoundeth heer and shuffleth vp with commaundement is a far different thing importing a higher authority in the same kinde as if the temporall Prince haue iurisdiction Ecclesiasticall vpon Bishops and their spirituall Courtes then doth it follow that all their power in spirituall matters is subordinate to him and deriued from him and so were there no necessity of this distinction and subordination of spirituall and temporall Courts For that the Prince hauing both powers in himself might giue the same vnto any temporal Iudge to decide Ecclesiastical matters also in his Court which yet M. Attorney doth often deny that the Common-lawes can take conusaunce of such affaires And surely it is worth no lesse then laughter to heare him repeat so often The Kings Ecclesiasticall Courte as though this were sufficient to proue the Kings Ecclesiasticall authority in those Courts for that all Courts are the Kings Courts in that they are vnder his protection gouernement and direction and to the vse and profit of his people And so were also the Ecclesiasticall Courts of King Henry the third in this sense who yet chalenged no spirituall authority therin as by
our whole former discourse you haue seen 33. But now let vs contemplate a little the last conclusion of M. Attorney vpon this narration Now to commaund saith he and to be obayed belongeth to soueraigne and supreme gouernement which we deny not in the sense wherin it may be true that is to commaund and to be obaied in temporall matters belongeth to soueraignty in that kinde and to commaund and be obaied in spirituall matters belongeth to soueraignty in those affaires wherof you haue heard many examples concerning the Sea of Rome before alleadged But for the King and his temporall officers to demaund a certificate from the Bishops Court for the Statute vsed not the word of coÌmaunding or obaying to let them know thereby what the Bishops sentence and iudgement is to the end they may frame theirs accordingly this by M. Attorneys leaue is no commaunding in the iurisdiction it self of spirituall affaires and consequently inferreth no Ecclesiasticall soueraignty And if he be not satisfied by that which we haue already alleadged out of the raigne of K. Henry the third of spirituall soueraignty acknowledged by him and all his Realme in the Sea of Rome but would see further some examples in particular of the same soueraignty or superiority at least vsed and practised by the Bishops of England towards the King himself and Realme in that kind let him consider these examples following besides the former 34. When K. Henry the third vpon the 16. yeare of his raigne falling out with Hubert de Burgo Earle of Kent that had byn his great fauourite high Iusticer for many former years cast him into prison and he escaping fled to a certaine Chappel for Sanctuary from whence the King had caused him to be drawne forth Roger Bishop of London for that it was in his Diocesse came vnto him and said that except he caused him to be restored to the place of Sanctuary againe Ipse omnes huius violentiae authores excommunicationis sententia innodaret He would bind all the authors of this violence vsed by the sentence of excoÌmunication And what followed of this Did the King deny his authority or say that he was not vnder his iurisdiction or that himself had supreme authority and iurisdiction ouer the Bishop in that case as he might haue done according to M. Attorneys assertioÌ No For the words of Mathew Paris immediately following are these Rex autem licet inuitus reatum suum intelligens remisit Hubertum ad Capellain vbi captus suerit à militibus armatis restituitur ab ijsdem quintâ Calendas Octobris The King though against his will perceiuing his owne fault sent backe Earle Hubert to the Chappell againe where he was restored vpon the fifth day before the Calends of October by the same armed souldiars that had drawne him from thence And the same Author addeth that the Kings anger was so great as he commaunded the Earles of Hartford and Essex to set souldiars about the said Chappell that no meate might be giuen him vntill he rendred himself And not many dayes after this the said Earle Hubert being carried from that Chappel vpon composition vnto the castle of Vise in the Diocesse of Salisbury he by help of two souldiars that kept him escaping thence got into a Parish Church neer by out of which being taken by the Kings officers Robert Bishop of Salisbury excommunicated them altogeather with their aiders and defenders and then went to the King in companie of other Bishops to denounce vnto him the said sentence who after much resistance yeelded saith our Author Et in eadem Ecclesia concedente sed inuito Rege remissus est 15. Calend Nouemb. And so the said Earle Hubert was sent backe againe out of the said Castle vnto the Church the King yeelding thervnto though against his will vpon the 15. day before the Calends of Nouember in the yeare 1232. 35. The next yeare after this againe the forsaid Roger Bishop of London hauing been at Rome returned to Douer found there VValter Bishop of Carleile in his iourney towards Rome hauing appealed to the Pope against K. Henry for certaine iniuries offered him and to his Church as he pretended and albeit the King did not let or forbid his repaire to Rome yet shewing himself much displeased therewith his officers at the port handled him verie discourteouslie and denied him passage without the Kings licence which the said Bishop of London seeing excommunicated all the Kings officers that had parte in that violence and then going to Hereford where the King at that time lay with a great army to inuade VVales and taking certaine Bishops with him they tolde his Maiesty of the abuse committed Which when the K. seemed not to care for or not willing to redresse they renewed there againe in the Kings presence the sentence of excommunication against the said malefactors and all those that assisted or fauoured them Non mediocriter Rege murmurante saith our Author ne talem ferrent sententiam prohibente The King not a little repinning and forbidding them to pronounce any such sentence So as heere we see commaunding without obaying in spirituall matters meeteth with M. Attorneys conclusion that to commaunde and to bee obaied belongeth to soueraignty and supreme gouernement 36. And yet further the next yeare ensuing which was the 18. of K. Henries raigne the King being highlie offended with the Earle Marshall of England for entring into a certaine Castle of his owne by force Praecepit Episcopis cunctis vt Mariscallum nominatim excommunicarent Sed illi è contrae communiter dixerunt Indignum esse quia Castellum quod suum fuit occupauit The King commaunded all the Bishops being gathered togeather in Parlament to excommunicate by name the Earle Marshall But they answered him with one voice to the contrarie that hee deserued it not for so much as he had taken but his owne Castle And heere againe we see coÌmaunding without obaying in spiritual affaires And if the King had thought himself to be supreme in Ecclesiasticall authoritie he might haue excommunicated the Marshall himself without depending of his Bishops 37. And a few dayes after this againe vpon the yeare 1234. the holy man Edmund that afterward was canonized for a Saint being consecrated Archbishop of Canterbury at which consecration the King himself was present with his nobility and 13. Bishops as our Author recounteth the said Archbishop after his consecration consulting with the said Bishops nobility about the pittifull State of the Realme deuided in it self by the Kings euill gouernment that followed the counsaile of Pictauians and other strangers the said Archbishop went to the King laid the inconueniences before him humbly besought him to take the true remedy which was to dismisse those strangers and if he would not he should be forced to vse Ecclesiasticall Censures against them Et ipse in coÌtinenti cum omnibus qui aderant Praelatis in
ipsum regem sententiam serret excommunicationis He would out of hand with all the Bishops there present pronounce the sentence of excommunication against the King himself Rex autem peris audicas humiliter respondit quod consilijs corum in omnibus obtemperaret c. And the pious King hearing this did answere humbly that he would in all things obay their counsailes And so he did and within few dayes after he sent away Peter Bishop of VVinchester from the Courte which was the cheife of the said strangers that most defended them and cast into prison another Peter surnamed De Rhicuallis that had byn Treasurer and diuers others So as heere also we see the spirituall authority of Clergie-men aboue the King not only in the Pope himself but also in the Bishops of England which otherwise were subiects to the said King in temporall affaires 38. Yea not only Bishops but other Prelates also of lesser degree haue exercised the same authority spirituall in England euen against the King when occasion was offered As for example when this K. Henry had vsed very familiarly intrinsecally one Raph Briton that had byn his Treasurer he after falling out with him banished him the Courte and soone after that againe the said Raph being a Clerke and liuing at his Chanonry of S. Pauls the Maior of London had commission to apprehend him and send him to the Tower as he did which Doctor Lusey Deane of Pauls vnderstaÌding called his Chanons togeather the Bishops of London being absent seeing the violence vsed to a Clergy-man did put the Church of S. Paul vnder Interdict pronouÌced sentence of excommunication against the doers maintainers and fauourers of this vnlawfull act The King stood stiffe for a time saith our Author but at length Rex dictum Ranulphum licet inuitus solui in pace dimitti praecepit The King though against his will did commaund the said Raph to be remitted peaceably vnto the place whence he was taken 39. Now then these examples and many more which for breuityes sake I pretermit doe make another manner of proofe of Ecclesiastical soueraignty in Clergie-men then doth M. Attorneys poore infereÌce about the sending for a certificate to the Bishops Court concerning matters to be tried therin as before you haue heard And by this also you may see and consider the difference of substance and substantiall dealing between vs. And so much to this first instance Now let vs examine the second The Attorney By the auÌcient CanoÌs decrees of the Church of Rome the issue borne before solemnization of marriage is as lawfull inheritable marriage following as the issue borne after marriage But this was neuer allowed or appointed in England and therfore was neuer of any force heere And this appeareth by the Statute of Merton made in the 20. yeare of Henry the 3. where it is said to the Kings writ of bastardy Whether one being borne afore matrimony may inherit in like manner as he that is borne after matrimony All the Bishops answered that they would not nor could not answere to it because it was directly against the common order of the Church and all the Bishops instanted the Lords that they would consent that all such as were borne before matrimony should be legitimate as wel as they that be borne within matrimony to the succession of inheritance for so much as the Church accepteth such to be legitimate And all the Earles and Barons with one voice answered we will not change the lawes of England which hitherto haue byn vsed and approued The Catholike Deuine 40. This is the second instance of M. Attorney taken out of this raigne of K. Henry and we must imagine that proofes goe hard with him when to seeme to say somwhat he is driuen to bring forth such silly ware as this is For if all be graunted as it may be which heere is said what can he inferre therof but only that the Lords and Barons of the Parlament did not thinke good to alter or change the auncient laws or customes of the Realme about succession of their children by legitimation after matrimony contracted notwithstanding the Church of Rome in certaine cases did allow them for legitimate and lawfull in respect of taking holy orders enioying benefices and other like commodityes what I say doth this import M. Attorneys conclusion that K. Henry tooke vpon him supreme Ecclesiastical gouernmeÌt For that this was free for the Realme to admitt or not admit the said legitimation to the effect of lawfull succession and inheritance And so the Canons themselues doe expresly set downe 41. For better vnderstanding wherof wee must note that wheras by the auncient Ciuill-law great respect was had euer to children borne out of wedlocke if marriage afterward did ensue notwithstanding they held marriage but only for a Ciuill coÌtract so afterward when Christian Emperours came to beare sway more indulgence and fauour was shewed therin as may appeer by the Constitutions both of Constantine the first Christian Emperour and Zeno that ensued him and more yet by Iustinian which do most fully in diuers places both of the Code and Nouell Constitutions explicate the same In conformity wherof the Canon-law also decreeth in this sorte Tanta est vis matrimonij vt qui anteà sunt geniti post contractum matrimonium legitimi habeantur So great is the force of matrimony held for a Sacrament among Christians as it maketh such to be legitimate after it is coÌtracted who were illegitimate before But yet this is with some restrictions as for example that they must be borne ex soluto soluta that is to say both the father mother must be vnmarried at the time when the said children are begotten For if either of them were married at that time then this priuiledge holdeth not as appeareth in the same law 42. Secondly this legitimation by ensuing marriage is to bee vnderstood principallie as before hath said In spiritualibus To enable men to Ecclesiasticall promotions though in the Popes temporall dominions it may enable them also to temporall succession but not in the States and dominions of other Princes And this verie distinction or caution is set downe in like manner by the law it self and heervpon is resolued also in a case touching the King of England by Pope Alexander the 3. that albeit the Ecclesiasticall Iudge must determine of the lawfulnes of marriage it self yet the question of temporall succession or inheritance therevpon depending must bee decided by the Iudges of the temporall Courte Nos attendentes saith Pope Alexander to the Bishops of London and VVorcester quod ad Regem pertinet non ad Ecclesiam de talibus possessionibus iudicare Fraternitati vestrae mandamus quatenus Regi possessionis iudicium relinquentes de causa principali cognoscatis eamque terminetis Wee considering that it belongeth to the King of England and not to the Church to
We read also that when in the yeare 1299. King Edward was passed ouer with a great army into Flanders and did destroy that Countrey by fire and sword Pope Boniface sent two Cardinall-Legates to entreat him that he would be content to make truce for two yeares to the intent that peace in the meane time might be concluded adding further-more saith our Author paenam excommunicationis interdicti terrarum suarum the payne of excommunication and Interdict of his countreys if he yeelded not therevnto Sed Rex perpendens c. consensit in treguas indictas saith he the King considering well all circumstances c. did consent vnto the truce appointed by the Pope And wheras the next yeare after by other messengers sent vnto him in Canterb. the said Pope Boniface desired him to put at liberty Iohn King of Scotland which he had in hold assuring him that the King of England should leâse nothing by this Eorum petitioni Rex condescendens respondit se ipsum loannem tanquam seductorem falsum periurum ad Papam missurum The King condescending to their petition made answere that he would send the said Iohn as a false periured deceauer vnto the Pope to be punished by him And so he did and they caried him into France with them 18. And when afterward in the yeare 1301. King Edward was busily attent to his warrs in Scotland and Pope Boniface enformed by the grieuous complaints of the Scottish-men that K. Edward did them iniury wrote and gaue in commission to the Archbishop of Canterbury by an expresse messenger named Humbert to goe vnto the King and will him to desiste and to remit the iustice of the matter to be examined and tryed by the Sea Apostolicke anyd though the said King for the present tooke the matter very grieuously and sware that he would prosecute his said enterprize to the vttermost yet a little while after in the same yeare he sent the Earle of Lincolne and Syr Hugh Spencer to the said Sea Apostolicke to shew the right of his cause and what iniuries he had receaued at the Scots hands Iusuper Dominum Papam deprecarentur ne mendacij fabricatoribus sinum aperiret And that moreouer they should beseech the Pope that he would not open his bosome of beliefe vnto the Scottish-men that deuised lyes wherevnto the Pope hearkening wished notwithstanding that the King for his cause would giue the truce for a tyme by him assigned wherevnto the King yeelded 19. And when in the yeare following the said Pope Bonifacius vpon instance of the said Scottish-men wrote more earnestly to K. Edward in this affayre alleadging that Scotland was in the protection of the Sea Apostolicke yea and that it apperteyned also to the temporal right of the Church by submission belike of the Prince and inhabitants thereof at that tyme made the King gathering a Parlament at Lincolne determined therin first to write himself to the Pope about this matter and then that the lay-nobility and people should write another letter somewhat more earnestly to the same effect The Kings letter began thus Sanctissimo in Christo Patri Domino Bonifacio diuina prouidentia Sancta Romanae vniuersalis Ecclesiae summo Pontifici Edwardus Dei gratia Rex Angliae salutem deuota pedum oscula beatorum To the most holy father in Christ Boniface by Gods prouidence supreme Bishop of the holy Romane and vniuersall Church Edward by the grace of God King of England sendeth greeting and the deuout kissing of his blessed feete By which title we may see in what estimation he held the Pope at that day albeit in that letter he doth protest that he doth not send this his iustification for his pretence to Scotland in forme of iudgement to haue it tryed by the Sea Apostolicke as making any doubte therof but only to enforme his Holines conscience which he doth very largely beginning from the comming of Brutus himself into England yet doth he conclude beseeching him not to beleeue the informations of his aduersaryes and emulators Sed Statum nostrum iura nostra Regia supradicta habere velitis si placet paternis affectibus commendata That it may please you to haue our State and Kingly right before laid downe recommended to your fatherly affection 20. But the Earles and Barons and lay nobility of the land that wrote a seuerall letter to the Pope as before hath byn said were more earnest in defence of the Kings title saying Manu tenebimus cum toto posse totisque viribus c. We will hold and defend the same with all our power and forces nor will we permit our King though he would to leaue of this title Quocirca Sanctitati Vestrae reuerenter humiliter supplicamus c. Wherefore we doe reuerently and humbly make supplication to your Holines that you will defend our said King that is a deuout sonne of the Catholicke Romane Church as also his rightes libertyes customes and lawes and permit him to continew therin without diminution or molestation c. Giuen at Lincolne 1301. 21. And by all this now we may perceaue the state of things in our countrey at that time as also the sense and iudgement of K. Edward and his realme about this our controuersie of spiritual and Ecclesiasticall authority And that if this King did vse sometymes some rigorous dealing towards the Clergy it was not for that he doubted of their spirituall authority or esteemed the same to be in himself but partly vpon his forsaid necessity of warre and partly for the emulation conceaued against them by the laity for their wealth and other such causes And as for the lawes which he made in their preiudice as that of Mort-main wherby is prohibited that any thing shall passe ad manum mortuam that is to say to any of their communityes that pay not tribute to the King without the Kings speciall licence some other lawes in like manner for restraint as it seemed of their externall iurisdiction in certaine affaires it proceeded of the same emulation and complaints of the subiects begun in the time of King Henry the third as you haue heard and continued in this mans dayes as also in the dayes of diuers of his succesors But this is nothing to our question in hand though M. Attorney hath nothing else but such matter as this as presently you shall see for now shall we passe to his obiections vnder this King which are foure of very small moment as by handling will appeare The Attorney In the raigne of K. Edward the first a subiect brought in a Bull of excommunication against another subiect of this Realme and published it to the Lord Treasurer of England and âhis was by the auncient common-law of England adiudged treason against the King his Crowne and dignity for the which the offender should haue byn drawne and hanged but at the great instance of the
Chancellour and Treasurer he was only abiured the Realme for euer The Catholicke Deuine 22. This case related out of Brookes Reporte if so it be there for I haue not the booke is but a particular case and shewed only de facto and not de iure whereas M. Attorneys booke notwithstanding is intituled De iure as often I haue and must still put him in mynd True it is that he noteth here in the margent that this was done by the Common-law of England before any Statute made But what reason can he bring or any man imagine why we should beleeue this to wit that this fact of bringing in a Bull of excommunication from Rome against a subiect in those dayes should be adiudged treason by the auncient Common-law of England For a man may demaund what is that CoÌmon-law or auncient CoÌmon-law not made by Statute nor introduced by any common custome that can be proued How was it made By whome where at what time vpon what occasion For to auouch a Common-law and auncient common-law without beginning author cause occasion or recorde of the introduction therof is a strange Metaphysicall contemplation for that lawes doe not growe vp without beginning but must needs be made or admitted by some Prince or people And whereas we haue shewed from time to time that all our English Princes people haue byn Catholicks from their first conuersion vnto this Kings time and vniforme also in this point of acknowledging the spirituall iurisdiction of the Sea of Rome and nothing more ordinary among them then censures and excommunications from Rome when necessity seemed to require how could this auncient common-law come in vre among them yea and be auncient in K. Edward the first his tyme contrary to the grounds and practise of the religion then in vse and euer before and no mention euer made therof in all antiquity till âow by M. Attorney and that only in the ayre as you see 23. Moreouer we read in Mathew of VVestminster that when this King Edward was in his most heat against the Clergy for denying him the halfe of their rents and goods as before hath byn said which they did vpon the prohibition of Pope Bonifacius he fearing least some men might bring in an excoÌmunication against himself and them of the Clergy that yelded to pay the same and therby had bought his protection againe he only forbad Subpaena incarcerationis ne quis contra ipsum Regem ces qui iampridem suam protectionem quaesiêrant excommunicationis sententiam promulgaret prouocatione sacta pro se ad Romanam Curiam pro ipsis He prohibited vnder paine of imprisonment that no man should publish my sentence of excommunication against the King himself or those that had newly sought his protection yea his Maiesty made a prouocation or appeale also as well for himselfe as for them that stood on his side to the Courte of Rome So as if the King by speciall decree of his owne appointed only the paine of imprisonment for such as should publish any sentence of excommunication against himself for himself also appealed to Rome it is not likely that the auncient Common-lawes of England had made it treason before against the King his crowne and dignity to publish an excommunication against a subiect that was a thing most vsuall in those dayes 24. Well it may be that for repressing the vnquiet spiritts of some particular subiects that vpon light occasions and false suggestions would procure Bulls of excommunication from Rome some order might be taken at that tyme for seuere punishment of them that rashly without shewing the same to Iudges appointed for that purpose should publish the said Bulls in England as we see also at this dây to be obserued in Spaine Naples Sicily France and other Catholike Realmes where no man may publish such things without a view and Placet of the Magistrate appointed to that effect and this not for denying or restrayning the said authority of the Sea Apostolicke but for keeping peace and orderly proceeding among subiects as is pretended and for better enforming his Holines if false suggestions haue byn giuen And that some like order might be at this time in England may appeere in parte by another obiection which M. Attorney hath afterward in the life of K. Edward the 3. saying that in an attachement vpon a prohibitioÌ the defendant pleading the Popes Bull of excoÌmunication of the plaintiffe the Iudges demaunded of the defendaÌt if he had not the certificate of some Bishop within the realme testifying the excoÌmunicatioÌ c. Wherby it may appeare that priuate men were obliged to shew their Bulls vnto some Bishop before they published the same 25. But howsoeuer this be it is euident by this very Reporte of M. Attorneys text of Common-law cited by himself out of the one and thirtith yeare of King Edward the third which was many yeares after this other case that the bringing in or seruing of a Bull of excommunication against a particular subiect was not held for treason in those dayes Neither did the iudges make any such inference which is like they would haue done if it had byn treason against the King his Crowne and dignity by the ancient Common-lawes of England in the tyme of K. Edward the first aboue fifty yeares before the later case fell out And thus much for law though it might be that de facto in those dayes of suspition when K. Edward feared excommunication as you haue heard some man ad terrorem might be so sentenced by some chief Iusticer or Iudge as would be ready to pleasure the King in all things as most of them were though yet the party were not executed as here is confessed or else that there was some other particular aggrauant circumstance in this facte which here is not set downe though it may be also that the Reader shall find somewhat therof in M. Brookes booke if he looke it ouer out of whome this obiection without all circumstance is so barely cited And thus much of this first instance Now let vs contemplate the second as wise no doubt as the former The Attorney The said King Edward the first presented his Clerke to a benefice within the prouince of Yorke who was refused by the Archbishop for that the Pope by way of prouision had conferred it on another The King thervpon brought a Quare non admisit The Archbishop pleaded that the Bishop of Rome had long time before prouided to the same Church as one hauing supreme authority in that case and that he durst not nor had power to put him out which was by the Popes Bull in possession For which his high contempt against the King his Crowne and dignity in refusing to execute his Soueraignes commaundement fearing to doe it against the Popes prouision by iudgement of the Common-law the lands of his whole Bishopricke were seased into the Kings handes and
lost during his life which iudgement was before any Statute or Act of Parlament was made in that case And there it is said that for the like offence the Archbishop of Canterbury had byn in worse case by the iudgement of the Sages of the law then to be punished for a contempt if the King had not extended grace and fauour to him The Catholicke Deuine 26. Here againe is another case or two de facto wherof M. Attorney wil needs inferre de iure The Archbishop of Yorke his lands saith he were seased by the King and lost during his life for that he admitted not to a benefice within his Diocesse a Clerke presented by the King whereas the same benefice had an incumbent before put in by the Popes prouision according to the custome of those dayes which incumbent the said Archbishop pleaded that he could not put out and for this high contempt against the King his crowne and dignity in refusing to execute his soueraignes commaundement saith M. Attorney by iudgement of the Common-law he lost the landes of his whole Bishopricke But here I would aske M. Attorney what high contempt could this be against the King his crowne and dignity if the Archbishop pleaded that he could not doe it eyther in right or in power Not in right for that nothing was more receaued at that tyme in England then for the Bishop of Rome to prouide certayne benefices in England and not only benefices but also Bishopricks and Archbishopricks as before in the life of this King and his ancestours hath byn declared And as for power no maruaile if the Archbishop durst not vse violence in those dayes against the Popes prouisions wherby he might incurre excommunication for so much as the King himself so greatly respected the same and made such diligent premunition least my such excommunication should come against him as in the answere to the former instance hath byn declared 17. And besides this if the Archbishop did put the matter in plea to be trayed and to the Kings writt of Quare non admisit did yeelde so reasonable a cause as is here touched that the King himself had admitted diuers Bishops and Archbishops by like prouision of Popes how and with what reason can M. Attorney call this answere of the Archbishop so high a contempt against the King his crowne and dignitie Or how could the Common-law condemne the same with so great a punishment And still I must demaund what is this Common-law by whome was it made how came it in where is it founded either in reason vse consent of the people or authority of law-giuers For if it consist in none of these but only in the particular will and iudgement of the Prince himself neuer so passionate and in the approbation execution of these Sages which here M. Attorney mentioneth then any thing that displeased the said Prince may be called high contempt against his person crowne and dignity And so may be iustified all the most passionate actions not only of this King Edward before recited but of all other Kings whosoeuer And by the same meanes M. Attorney maketh his auncient CoÌmon-law which often he calleth our birth-right and best birth-right to be nothing else in effect but the Princes pleasure froÌ time to time and the execution of his Sages which commonly in those auncient times for I will speake nothing of our dayes were to wise and Sage to withstand the Princes will in any thing 28. Sure I am that in this particular fact of seasing Bishops lands and temporalityes vpon any offence or displeasure taken by the King as it hath byn vsed by some English Princes in their anger so hath it bin condemned also in diuers Parlaments lawes and Statutes as in the first yeare of King Edward the third where it is thus expressed Because before this time in the time of King Edward Father to the King that now is he by euill Counsellours caused to be seased into his handes the temporalty of diuers Bishoppes with their goods and cattell c. The King willeth and graunteth that from hence forth it be not done c. And againe in the 14. yeare of the same raigne VVe will and graunt for vs and for our heires that from henceforth we shall not take nor doe to be taken into our handes the temporalities of Archbishops Bishops Abbot c. without a true and iust cause according to the law of the land c. 29. And to the end that M. Attorney may not say that this case of his is excepted it followeth in an other Statute in the 25. yeare of the same King saying VVhereas the temporalities of Archbishops and Bishops haue beene oftentimes taken into the Kings hand for contempt done to him vpon writts of Quare non admisit and for diuers other causes c. The King willeth and graunteth in the said Parlament that all Iustices shall from henceforth receaue for the contempt so iudged reasonable fyne of the party so condemned according to the quantity of the trespasse and after the quality of the contempt c. Which last words may be thought to be added for that the King had right to present to diuers benefices at that tyme as particular patrone therof ex iure patronatus for that the said benefices were fouuded or erected by himself or his auncestors and in those cases the Bishops not admitting such Clerkes as he presented might doe some iniury or trespasse against him and therin shew contempt worthy some fyne or for-faite which the law doth here appoint especially for so much as it is be ore recorded that Pope Innocentius the 4. presently vpon the first Councell of Lyons wrote as you haue heard in the life of K. Henry the third that he would not let by his prouision the right of any patrone in presenting to any benefice wherof he had the aduowson or Ius patronatus 30. And as for the other example alleadged heere by M. Attorney for strengthning his instance of the Archbishop of Canterbury saying that for the like offence the Archbishop of Canterbury had byn in worse case by the iudgement of the Sages of the law then to be punished for a contempte if the King had not extended grace and fauour to him If he vnderstand the displeasure taken against Archbishop VVinchelsey before mentioned by K. Edward for resisting his demaund of the one halfe of all Ecclesiasticall rents for which before we haue heard out of Mathew of VVestminster that all his lands and goods were seased into the Kings hands you haue heard also how the same King afterward repented both that and other like facts of his and asked pardon publikly with teares But if he meane the other offence againe after this when he accused the said Archbishop VVinchelsey to the Pope and caused him to be called to Rome and to be suspended from his office as before we haue declared then doth this
case make directly against M. Attorneys conclusion For that the King acknowledged the Pope to be a superiour Iudge ouer English Bishops aboue himself and then was the iudgement of those Sages named by M. Attorney that thought him so deepely to haue offended in acknowledging the Popes authority farre from the purpose And howsoeuer it were cleere it is that the King seased only vpon temporalityes of the Bishops and tooke not vpon him to depriue them of their spirituall iurisdictions as Queene Elizabeth did when shee fell out with M. Grindall her Primate and Archbishop of Canterbury whome she by her Ecclesiasticall authority depriued of his iurisdiction and appointed Commissaryes of her owne in diuers Countryes to execute the same iurisdiction as immediate from her self which this K. Edward did not nor any of his Predecessors or Successours vntil K. Henry the 8. and therby shewed that they pretended nothing of their spirituall authority so this example or instance of seasing vpon teÌporalties either by right or wrong proueth nothing for M. Attorney his purpose Let vs passe then to his 3. instaÌce The Attorney Concerning men twise marryed called Bigami whome the Bishop of Rome by a Constitution made at the Councelll of Lâons hath excluded from all priuiledge of Clergy whervpon certeyne ârelates when such persons haue byn attainted for felloâs haue prayed for to haue them deliuered as Clerkes which were made Bigami before the same constitution It is agreed and declared before the King and his Counsell that the same coÌstitution shal be vnderstood in this wise that whether they were Bigami before the same constitution or after they shall not from henceforth be deliuered to the Prelates but iustice shal be executed vpon them as vpon other lay people The Catholicke Deuine 31. About this instance taken out of a Statute made in the 4. yeare of K. Edward the first it is first to be noted that albeit mention be made heere only of the late constitution of the Councell of Lyons vnder Pope Gregorie the tenth concerning Bigamies or those that are twise married yet is the thing it self of more antiquity in the Catholicke Church as may appeare throughout the whole title De Bigamis non ordinandis in the first booke of Decretalls that is to say that such as haue byn twise married may not take holy orders But yet for that there was a doubt whether such men hauing primam tonsuram or minores ordines and therby made Clerkes might enioy the priuiledges of Clergy-men for their persons and goods suites in law and the like which could not be decided but by Ecclesiasticall Iudges this controuersie I say which included many braunches consequences especially for England was defined in the said Councell of Lyons and the definitiue sentence or decision was in these words Begamos omni priuilegio Clericali declaramus esse nudatos corrections forisae cidaris addictos consuetudine contraria non obstante ipsis quoque sub anathe mate prohibemus deferre tonsuram vel habitum Clericalem We doe declare that all such as haue byn twise marryed are depriued of all priuiledge of Clergy-men are subiect to the correction of the temporall Magistrate notwithstanding any custome to the contrary And we doe forbidd them also vnder paine of excommunication that they doe not beare Ecclesiasticall tonsure nor Priestly habit or apparell of Clergy-men 32. Which decision or declaration of the said generall Councell coming forth presently there arose a doubt in England whether such Bigamies as had borne that attyre and tonsure before that tyme and were now in present necessity to vse the priuiledge of the Clergy for deliuering themselues out of the secular iustice hand ought to haue the same or no for that it might be presumed that the Councell meant only of these Bigamyes that should beare the habit afterward Vnto which opinion as to the more pious and pittifull the Bishops inclining demaunded to haue deliuered vnto them as Clerkes all such fellons as had bin Clerkes or taken for Clerkes before the Councell But the King and his Counsell were of an other opinion to wit that Pope Gregory his decision was in generall tearmes and excepted none neyther before nor after and thereby vnderstood and meant to exclude all 33. This is the case and this is the decision thereof And now let the discreet Reader iudge whether this example maketh more for M. Attorneys purpose or against him for that here the King his Counsell doe stand more strictly to the obseruaunce of the Popes decree as it lyeth then those Bishops themselues who would haue had these Bigamyes deliuered vnto them as Clerkes and therefore vrge to haue it punctually and exactly obserued And for that men of reason might meruaile why M. Attorney a man of such accompt in the law hath brought in such an instance so impertinent to his purpose he seeketh to remedy the matter by this note in the margent Obserue saith he how the King by the aduise of his Counsell expounded how the said Councell of Lyon should be vnderstood and in what sense it should be receaued and allowed heere And why is all this diligent commentary thinke you Forsooth to the end that you may imagine that the King and his Counsell tooke themselues to be aboue the Pope and generall Councell of Lyons for that they tooke vpon them to expound admit the said Councells decree By which argument M. Attorney may proue also that Archbishop Peckam of Canterbury calling a Sinod as before you haue heard of his Bishops Suffragans and other Prelates for receauing publishing and obseruing the said decrees of the same Pope and Councell the very next yeare after it was held did thinke themselues to be aboue the said Pope and Councell and to haue authority ouer them for that they receaued allowed and expounded the same decrees And doth not euery man see the folly of this kind of reasoning 34. And yet you must note further that for better bringing in of this argument M. Attorney straineth the text extremely in three or foure things to make place for this his note For whereas in the latin text of the Statute for K. Edward the first put forth in latin and so is it extant vntill this day it is said Quidam Praelati sââquam Clericos exigerunt sibi liberandos c. Certaine Prelates did require or exact to haue such Bigamies deliuered freely vnto them as Clerkes which were made Bigannies before the said constitution M. Attorney saith Certaine Prelates haue prayed to haue them deliuered whereas betwene exigere and rogare to exacte and pray is a great difference in this case 35. And againe where it is written in latin Concordatum est declaratum coram Rege Consilio suo quod constitutio illa intelligenda fit quod siuè effecti fuerunt Bigami ante praedictam constitutionem siuè post de catero non liberentur Praelatis imò fiat de
note more diligently such matters doe in great parte faile vs. For that Mathew of VVestminster endeth with King Edward the first as the other Mathew Paris before him did with this mans father K. Henry the third and Roger Houeden before him againe with K. Iohn and VVilliam Nubergensis Petrus Blesensis before them with K. Richard â VVilliam of Malmesbury Henry Huntington as also Florentius VVigorniensis with his continuance made an end of their historyes partly vnder K. Stephen and partly vnder K. Henry the first so as now downe-ward from this King Edward the second we shall only haue Raynulph of Chester and Thomas VValsingam for the most ancient writers of this time that doth ensue who yet are nothing so copious or diligent as diuers of the former 41. This Edward therefore second of that name and surnamed of Carnaruan for that he was borne in that towne of VVales when his Father lay with an army in those partes to reduce that countrey to subiection as he did who being of the age of twenty three yeares when his father dyed vpon the borders of Scotland in the yeare 1307. receauing two speciall things in charge saith VValsingam from his Father vnder paine of his curse The first that the should prosecute presently and end the enterprize began against Scotland before he went to London or procured to be crowned the second that he should not touche or waste but send to the holy land a certaine summe of money which his said Father had layed togeather for the assistance of that warr to the which he had purposed to goe himself in person if he had liued Wherevnto Iohn Stow addeth a thirde in these wordes His father charged him on his curse that he should not presume to call home Pierce of Gaueston by common decree banished without common consent c. Notwithstanding all these admonitions and threats this careles young Prince performed no one thing of the three but got himself presently into France and there was married in Bullen vnto Lady Isabell only daughter of Philip the fourth surnamed the faire King of France and in that marriage and triumphe therof spent the foresaid money which prospered afterwarde accordingly for that this marriage and wife was the cause and occasion not only of his ouerthrow and miserable ruine but of all the warrs in like manner that ensued for many yeares after betwene France England For that shee being the only daughter and heire as hath byn said to the King of France her sonne Edward the third in her title began first the said warrs which brought finally the losse not only of that which was gotten of new but of all the rest that we had before in France and shee taking a deepe disgust with her said husband for his disordinate affection to Pierce Gaueston whome presently after his fathers death he recalled from banishment the two Spencers and others misliked by her and the greater parte of the Realme shee finally after many troubles warrs insurrections and great store of Noble-men cut of and destroyed on both partes preuailed against the said King her husband and hauing on her side the authority of her young sonne the Prince and all his followers did put downe the said King depriued him of his crowne sett vp her young sonne in his place committed the other to prison where soone after he was pitifully murthered And these are the varietyes of worldly fortunes these the frailtyes and vncerteintyes of earthly Greatnes And where King Edward placed all his pleasure from the same spring issued forth the beginning and progresse of all his miserie 42. But as for his religion and iudgement therein notwithstanding all other his errours in life and behauiour that it was constantly Catholicke according to that which he had receaued and inherited from his Ancestours no doubt can be made at all For that the whole State of his realme touching Ecclesiasticall affaires remained as he found it and as it had continued in the tymes of his progenitours and that the Bishops of Rome had generall authority ouer England in his dayes not only in meere spirituall iurisdiction which all the Bishops of England professed to receaue from him but also in externall disposing when he would of Bishoprickes and other Prelacies notwithstanding all the complaints made in his Fathers and Grand-fathers tymes about that matter may be made euident by many examples 43. For first we reade that in the yeare 1311. when Pope Clement the fifth in a Councell at Vienna in France vpon many graue and vrgent causes as was pretended alleadged did put downe the whole order of knights called Templarij for that their first institution was to haue care to defend the Temple of Ierusalem against infidells and did appoint their lands which were many and great to be giuen to an other newer order which then begun named Hospitalary for that they had the care of the hospitals wherein Pilgrims were receaued which now are the knights of S. Iohn of Malta albeit this matter were of such importance and consequence for that the persons were many and of nobility and their possessions great as hath byn said yet was that Decree obeyed in England without resistance and the persons depriued and put to perpetuall pennance in a Councell at London anno 1311. and their said lands and goods giuen to the other sorte of knights and confirmed by Parlament in London 13. yeares after to wit in the yeare of Christ 1324. which was the 17. of King Edwards raigne as VValsingam and others doe testifie which well declareth what the Popes authority was at that day in England 44. Againe we reade that in the yeare 1319. which was the 12. of this Kings raigne great warre being betwene England Scotland King Edward had procured that Pope Iohn the 22. should send two Cardinall-Legates into England to examine the matter how it stood and to punish by Ecclesiasticall Censures that party that should be found stubborne and repugnant to reason Wher vpon finally hauing heard both sides and finding Robert Bruse King of Scotland to haue offered iniuryes to the King of England they pronounced sentence of excommunication against him and put the whole Kingdome vnder interdict For releasing wherof the said King Robert and the State of Scotland 4. yeares after sent a solemn embassage to the Pope to wit the Bishop of Glasco Earle of Murray which being vnderstood by King Edward he sent also a messenger on his behalfe to contradicte the same And albeit him Embassadour saith our Story in dignity were but a simple Priest yet so many reasons and accusations he alleadged against themâ or K. Edward and his câuâe as the Scottish Embassadours ââld obteyne no release at that time And this for the Popes auâââââây in those dayes for publicke affaires 45. But as for priuate matters of England especially the disposing of Bishoprickes confirmation inuestitures of all Bishops ãâã
notorious and might be declared by infinite examples that â remained now as before vnder all other Catholicke Princes For among other points we reade that when in the yeare of Christ 1312. Robert VVinchelsey Archbishop of Canterbury dyed the Monkes of that place according to the custome chose by the liking and procuration of the King one Thomas Cobham a man of eminent learning and vertue who going to Auinion in France where Pope Clement the fifth lay at that tyme to receaue his confirmation and inuestiture as the manner was in those dayes the said Pope told him that long before in the other Archbishops life he had reserued the collation of that Archbishopricke to himself for that tyme and therevpon pronounced that election to be voyde adding further this coÌsideration that England being ââ that day in great troubles and disgust for that many Lords Barons had shewed their mislike against the King and the King against them it was needfull to haue in that place of Canterbury a man of great credit and experience in such affaires and therefore named one VVilliam Reynoldes Bishop of VVorcester and Chancellour of the Realme at that day and presently sent him both his inuestiture and pall wherewith the King and Queene being greatly contented were present at his consecration and so he liued and gouerned 19. yeares after in that Sea with great commendation So as we see that the restraint of Papall prouisions made at Carliele vnder this mans father was not yet put in practice 46. And the like reseruatioÌ we read that Pope Iohn the 22. made of the Bishopricke of VVinchester afterward in the yeare 1320. and therby did disanull the election made by the Monkes of that place with consent of the King and placed another of his owne choice which the King also after some time admitted So as this was very ordinary in those dayes We reade likewise that in the yeare 1324. a Parlament being called at London and King Edward growing now by euill counsaile of the Spencers and others into great disorder he caused one Adam Bishop of Hereford that fauoured not his proceedings to be arrested of treason brought forth publickely to be tryed laying to his charge that he had ââceaued and fauoured diuerse of those Barons which had taken armes against him But the forsaid Archbishop of Canterbury and his brethren Bishops seeing this disorder made first humble supplication to the King that he might be tryed according to his place degree and that not preuayling they required the same by law according to the liberties and priuiledges of the Church confirmed by Magna charta other lawes of the Realme Whervpon he was deliuered to the custody of the said Archbishop of Canterbury but afterward he being called for againe by the instigation of such as were his enemyes and carryed to the barre the said Archbishop of Canterbury and the other of Yorke with ten other Bishops went thither in iudiciall maÌner with their crosses borne before them commaunding vnder paine of excommunication that no man should stay him or lay hands on him and so tooke him away to the Archbishops custody againe Whereby we may see in what vigour Ecclesiasticall power was at this day in England And albeit the King being in passion did storme greatly thereat and seased presently vpon all the said Bishops goods and lands as he had done vpon those of the Bishop of Lincolne and of others before yet could he not deny but that this was law iustice which the Bishops did according to the Ecclesiasticall priuiledges of the Realme whervnto the King himself and all his ancestours in their coronations had solemnely sworne For breaking wherof it may be presumed that so great a punishment fell vpon him as soone after ensued to the horror of the whole world by depriuation both of his Kingdome and life And so much of him Now let vs see what instance M. Attorney can draw from him to his purpose It is but one and thus it runneth in his owne words The Attorney 47. Albeit by the ordinance of Circumspectè agatis made in the 18. yere of Edward the first and by generall allowance and vsage the Ecclesiasticall Courtes held plea of tythes obuentions oblations mortuaries redemptions of pennaunce laying of violent handâ vpon a Clerke defamations c. yet did not the Clergy thinke themselues assured nor quiet from prohibitions purchased by subiectes vntill that King Edward the second by his letters parents vnder the great seale in by consent of Parlament vpon the petitions of the Clergy had graunted vnto them to haue iurisdiction in these cases The King in a Parlament holden in the â yeare of his raigne after particular answers made to their petitions concerning the matter aboue said doth graunt and giue his Royall assent in these words We desiring as much as of right we may to prouide for the state of the Church of England the tranquillity and quiet of the Prelates of the said Clergy to the honour of God and the amendment of the State of the said Church and of the Prelates and Clergy ratifying and approuing all and singular the said answers which appeare in the said act and all and singular things in the said answeres conteyned we doe for vs and our heires graunt and commaund that the same be inuiolably kept for euer willing and graunting for vs and our heires that the said Prelates and Clergy and their Successours for euer doe exercise Ecclesiasticall iurisdiction in the premisses according to the tenour of the said answere The Catholicke Deuine 48. If a man would aske M. Attorney in this place why he hath brought in this instance and what he would proue therby I thinke verily he would be much graueled in answering especially if we respecte his principall Conclusion that by this and like presidence Q. Elizabeth might take vpon her supreme authority Ecclesiasticall for that by this narration nothing else is declared but that a certaine abuse being crept in that when any externall matter seeming any way to belong to temporalityes was handled in Ecclesiasticall Courtes and by Ecclesiasticall Iudges the party that feared or suspected his owne cause would informe the Kings Courtes that the matter belonged to them and therevpon would get out a prohibition from the Chauncery to sursease in that cause vntill it were tryed to which Court it belonged By which deceytfull and malitions proceeding of some much trouble was procured and many causes rested indetermined both in the one and the other Courte for so saith the Statute it self made in the time of King Edward the first this mans Father in these words VVhereas Ecclesiasticall Iudges haue oftentymes surceased to proceed in cases moued before them by force of the Kings writ of prohibition c. to the great damage of many as the King hath byn aduertised by the grieuous complaints of his subiects c. For this cause many orders and Statutes were
made vnder all three Edwards for remedying of this abuse as for example vnder Edward the first the foresaid Statute hath this determination That the ãâã or chief Iustice of the King for the tyme being if they see that the case ãâã be redressed by any writ out of the Chauncery but that the spirituall ãâã ought to determine the matters that then they shall write to the Ecclesiasticall Iudges before whome the case was first moued to proceed therin notwithstanding the Kings prohibition vnto them before 49. And to like effect is this other ordination here mentioned by M. Attorney of Circumspectè agatis wherby is ordeyned that temporall Iudges shall vse themselues circumspectly in medling with causes that belong to spirituall courtes And to the same effect is this Statute here alleadged vnder King Edward the second as also this other set downe in these words They that purchase prohibition and attachement against the Ordinaryes of a thing that belongeth not to the lay Court shall yeeld damages to the Ordinaryes by the award of the Iustices And yet further to the same effect it was decreed by King Edward the third after this manner That no prohibition goe out of the Chauncery but in case where we haue the conusaunce and of right ought to haue 50. And finally to passe no further in this the Statute made in the 9. yeare of this King intituled Articuli Cleri Articles of the Clergy conteyning sixteene braunches doe apperteyne to this affaire to shew and declare what causes doe belong to the spirituall courte and what to the temporall and wherof both the one and the other may take conusaunce and consequently in what matters the Kings prohibition may goe forth or not all which is cleerly against M. Attorney his purpose For if the temporall Prince were properly head of the one and the other courte and fountaine both of the one and other lawe and iurisdiction this adoe needed not but that the King might indifferently dispose of all 51. But consider I pray you M. Attorneys note or commentary in the margent wherby he would seeme to answere our former demaund why he bringeth in this instance By these statutes saith he the iurisdiction of the Ecclesiasticall Courtes is allowed and warranted by consent of Parlament in all cases wherein they haue iurisdiction so as these lawes may be iustly called the Kings Ecclesiasticall lawes or the Ecclesiastical lawes of England So he And you will easily see herby how much he delighteth himself in this new witty inuention of his owne so often repeated by him wherby he would make the Popes Canon-lawes to be the King of Englands lawes for that they are admitted and obeyed in England â of which sylly consequence I haue oftentymes made mention before shewing the weakenes and incongruity therof For that by this reason the self same Canon-lawes receaued admitted by all particular states of Christendome may be said to be the peculiar lawes of euery particular state And if this be a superiority as M. Attorney would inferre to admit and allow another Princes lawes then is euery particular state of Christendome aboue the Pope Generall Councells which made these lawes Wherfore as well in this as in all the rest we see the weakenes of M. Attorneys cause and so we shall passe to other Princes that doe follow leauing this disasterous K. Edward the second who soone after fell into a pitifull plight of calamity being depriued both of his Crowne and life for his ill gouernment and his young sonne placed in his roome as our historyes at large doe declare OF K. EDWARD THE THIRD And K. Richard the second his Nephevv and Successour And vvhat instances or arguments M. Attorney draweth from their two raignes which continued betweene them for seauenty yeares CHAP. XII THESE two are the Kings aboue all the rest from the beginning vnto K. Henry the 8. vnder whose gouernment M. Attorney gathereth and layeth togeather most obiections to proue the small respect they had or vsed in certaine cases and occasions and at some times towards the Sea Apostolicke and Ecclesiasticall power therof for that they made most restrictions by penall lawes and punishments against the practice and vse therof in certaine cases mixt as they presumed and conioyned with temporalityes or affaires of the State and so not meerly Ecclesiasticall 2. For albeit before this there had byn great murmurings and complaints as you haue seen from the tyme of K. Henry the 3. and his father King Iohn against some parte of the exercise of the Popes authority in bestowing benefices and Bishopricks vpon straÌgers as also of the often reseruing the collations of the cheife to himself and his Court of demaunding and graunting tithes contributions vpon the English Clergy as well for his owne as other publike necessityes yet find we not hitherto any expresse penall law put in vre and practice though mention be found of one made at Carleile vnder K. Edward the first the 2. yeare of his raigne to this effect for restrayning prouisions and other ordinances from the Court of Rome and the execution thereof by English subiects vntill vnder these two Kings Edward the 3. and Richard the 2. and not by the former vntill after many yeares of his raigne when by his continuall warrs with France and Scotland his temporall necessityes and other respects drew him therevnto And some men doe note that the lamentable ends of both these Kings wherof the worst seemed to some to be that of King Edward though he died in his bed togeather with infinite bloudshed afterward by their successours deuided in their owne bowells vpon the controuersie of Lancaster and Yorke did easily shew how vngratefull to all mighty God this breach of theirs and violence vsed with their Mother the holy Church was though it might seeme to them and some others also that it was either in temporall matters or in Ecclesiasticall conioyned as hath byn said with temporalities and that besides they were vrged therevnto by important clamours of their people partly vpon emulation against the Clergy and partly vpon some abuses and aggreiuances as they pretended in their supplications and declarations to the Popes themselues about these affaires pretending to hold still as no doubt they did their inward faith beliefe deuotion and obedience to the Sea Apostolicke though outwardly they were forced to take the way of redresse against some excesses which they did 3. And now wee haue already heard the foresaid complaints oftentymes iterated in the liues of the former Kings but especially vnder Henry the third and the two precedent Edwards that ââsued him which being continued vnder this third of the same name he being a warriour hauing therby all wayes commonly great need of money was induced at length for increasing his owne temporall wealth to lay hands vpon the spiritual especially such as was wont to goe out of the Realme to the Court of Rome or accrew to
and little pertinent as you will see to the manie conclusion which he should proue that this King did take supreme spirituall authority and iurisdiction vpon him And for that the grounds of all that is heer obiected haue byn discussed and answered in that wee haue set downe before and this booke groweth to more length then was purposed at the beginning and finally for that the law-bookââ ãâã cited of collections and obseruations by later authors which bookes I haue not by mee are of small authority to our purpose I shall passe ouer the said obiections with the greatest breuity that I can remitting mee for the most part to that which before hath byn said and answered The Attorney An excommunication by the Archbishop albeit it be disanulled by the Pope or his Legats is to be allowed neither ought the Iudges giue any allowance of any such sentence of the Pope or his Legate The Catholicke Deuine 15. This assertion I doe not see how it can be admitted for true as it lieth for so much as no author maketh mention that K. Edward did euer deny absolutely the Popes authority to excommunicate by himself or by his Legats in England especially vpon the 16. yeare of his raigne as heere it is noted in the margent when he was most deuout to the Sea Apostolicke wrote the humble letter before mentioned the next yeare after according to the date of the said letter as you haue heard only there might be this accorde between them for more authority of the said Archbishop and peace of the Realme that when he had giuen forth any excommunication no annullation therof from the Pope which might perhaps be procured by false suggestion should be admitted or executed vntill the Pope were informed of the truth this is vsed also in other Catholicke Kingdomes at this day 16. And it were to much simplicity to imagine that English men in those dayes admitting the Archbishops excommunication as heer they doe and for confirmation therof we doe read in VValsingham that vpon the yeare 1340. and 14. of King Edwards raigne Iohn Stratford Archbishop of Canterbury threatned the said King to excommunicate all his counsell if he amended not certaine points wherin they offered iniury to Clergy men it were simplicity I say to thinke that the said Archbishops excommunication could not be controlled by that of the Pope from whom they acknowledged the said Archbishop at that time to haue his spirituall authority if he had any at all For froÌ whence should they imagine him to haue it for that the Kings as we haue seen had not so much as the nomination or presentation of Archbishops in that season but only the Popes much lesse their induction confirmation or inuestiture Whervpon it must needs follow that he which gaue them spirituall iurisdiction had greater higher iurisdiction himself though in some cases by agreement not to be vsed as before hath byn said The Attorney It is often resolued that all the Bishopricks within England were founded by the Kings progenitours and therfore the aduowsons of them all belong to the King and at the first they were donatiue and that if an incumbent of any Church with Cure dy if the Patron present not within six moneths the Bishop of that Diocesse ought to collate to the end the Cure may not be destitute of a Pastor If he be negligent by the space of six moneths the Metropolitan of that Diocesse shall confer one to that Church and if he also leaue the Church destitute by the space of six moneths then the Common-law giueth to the King as to the supreme within his owne Kingdome and not to the Bishop of Rome power to prouide a competent pastor for that Church The Catholicke Deuine 17. Is it be true which M. Attorney hath so often repeated before that the Conusaunce and deciding of Ecclesiasticall causes doe not appertaine to the Common-law and that the prouision or induction of Clerks to benefices and giuing them spirituall iurisdiction ouer the soules of those that be within the compasse of that benefice be of the number of those causes which I take to be set downe in like manner by M. Attorneys owne pen before vnder the names of admissions and institutions of Clerks then how can it be true which heere is said that the Common-law giueth to the King as to the supreme to prouide competent Pastors for that or those Churches that within the space of a yeare and halfe are not prouided by the particular patron Diocesian or metropolitan Or where is this Common-law How or when did it begin as often elswhere I haue demaunded Either by vse or statute or common agreement between the Prince and people For none of these haue we heard of hitherto vnder former Kings though for presenting and nomination to benefices we haue oftentymes said that there is no difficulty but that the temporall Prince may present in such benefices or Bishopricks as he is patron of either founding the said benefices or by particular concession of the Sea Apostolicke vnto him as we haue shewed more largly before in the life of K. VVilliam the Conquerour and before him againe vnder K. Edward the Confessor to whom the Sea of Rome in those dayes gaue spirituall iurisdiction also in some cases ouer the Abbey of VVestminster some other places of his Realme 18. But that the Common-law should dispose of these things and especially giue spiritual iurisdiction to the King ouer benefices for so must the meaning of M. Attorney be if he delude not his Reader with equiuocation of words this I say is both contrary to his owne rule before set downe and much more to reason For that to giue Ecclesiasticall iurisdictiom is much more then to haue the conusaunce of Ecclesiasticall causes which he denying to his Common-law in diuers places of his booke as before we haue seen caÌnot in reasoÌ ascribe to th' other 19. Wherefore though we graunt this graduation heer set dovvne as good and conueuient that if the particular patron doe not present within six moneths nor the Ordinary or Metropolitan within their tymes prescribed the Prince as supreme gouernour of the Common-wealth to see all things done in due order may present as if he were patron to the said benefice yet first this cannot come originally from the Common-law for the reasons alleadged Secondly this proueth no spirituall iurisdiction at all in any presentor but only power of presentation which may be in any man that hath Ius patronatus allowed by the Church and head therof as before hath byn said Thirdly much lesse doth this proue supreme authority spirituall in the Prince as M. Attorney would inferre which is euident among other reasons by this For that the Prince when he doth present in this manner by lapse of tyme or omission of others is the last in power of presentation after the Metropolitans and Bishops which yet
of Parlament was that whosoeuer hereafter should attempt or procure any such prouisions he should be out of the Kings protection whereby euerie man might lawfullie kill him c. 35. And in the same Parlament the like and many other inconueniences are represented against reseruations of benefices by the said Sea Apostolicke and Bishops therof whervpon it is decreed by the King and his great men and Commons that the said reseruations shall not bee suffered or admitted for the time to come as a thing not due to the Sea Apostolicke But that all Archbishops Bishops and other dignities and benefices Electorie in England shall bee permitted to free election as they were graunted by the Kings progenitours founders therof and the auncestors of other Lords that had founded any such benefices and might haue reserued to themselues as Patrons and founders the presentations there vnto 36. Moreouer Complaint being made by diuers of the Kings people that many were greatlie troubled and drawne out oftentimes of the Realme by vnquiet and litigious people that made appeals to Rome to answere to things wherof the Conusaunce pertained to the Kings Court c. It was assented and accorded by the King and by the great men and Commons that whosoeuer should draw any man out of the Realme in plea wherof the Conusaunce pertained to the Kings Courts should incurre the daunger of Praemunire And finallie that no man presume to cite sue vex molest any by Censures procured from the Popes Courte against any for obseruing these laws and like other ordinances vpon paine of seuere punishment c. 37. To all which we answere that diuers circumstances may bee considered about these Statutes Ordinances and Decrees as well of the times and persons as of the occasions causes and manner of doing And to begin first with the last it may bee that either all or some parte of these restrictions might be made by some kind of consent or toleration of the Popes themselnes vpon the often representing of the inconueniences which we haue seen before made by diuers Princes from K. Henry the 3. down-ward and the answers as well of Innocentius the 4. as other Popes that the said inconueniences should be remedied And to the same effect putteth downe VValsingham this K. Edwards letters at seuerall times to sundry Popes for that end And vpon the yeare 1373. âhich was the 47. of his raigne long after the making of these Statutes he sent againe to Gregory the 11. to intreat his consent and good will to the same Rex Edwardus saith Walsingham eodem anno misit Ambassiatores ad Dominum Papam rogaus câm c. The same yeare K. Edward sent Embassadours to the Pope praying him that he would be content to surcease from prouiding benefices in England that Clerks might enioy their rights to Ecclesiasticall dignities by elections as in old time they were accustomed So as heere we see that the King pretended right by ancient custome in these affaires Neither did this Pope altogeather deny it For VValsingham addeth super quibus articulis nuncij à Papa certa recepêre responsa c. vpon which articles the Kings messengers receiued from the Pope certaine answers of which they should informe him at their returne that nothing should be determined vntill the King had written againe his mind more fully vnto the said Pope And then in the next yeare after he saith as before you haue heard that the Pope and the King were agreed vpon these and like points 38. And if this were so at this time then may it be presumed also that before vpon the 25. yeare of his raigne when he first made those Statutes of restraint he had also some secret consent or conniuency of Pope Clement the 6. or Innocentius the 6. that immediately ensued him to the same effect at least wise for the ceasing of prouisions and reseruations except only vpon great and weighty causes for in such cases we find that they were vsed also afterward and that ambitious busie and troublesome people that should deceitfully procure such prouisions or rashly and vniustly appeale or molest men with Citations Censures and the like should be punished And this was a thing so needful oftentymes as S. Bernard himself that liued vnder King Henry the first and writing to Pope Eugenius that had byn his scholler of the great abuses of troublesome appellatioÌs in his dayes wisheth him as on the one side to admit all due appellations which of right were made vnto him and to his tribunall from all partes of the world so on the other side to punish them that made them vniustly 39. All which being considered togeather with the time before noted wherin K. Edward made these restraints to wit when he had great warrs in France for challenge of the Crowne and no small iealousie with the Popes Cardinals and Roman Court as being all or the most parte French at that day and residing in Auinion in France the continuall clamours also of his people much exaspered by certaine particular abuses and excesses of some Ecclesiasticall officers the maruaile is not so great if he tooke some such resolution as this de facto at least for satisfying especially of the laity who were most instant in the matter Yea by whom only it seemeth to haue byn done For that in none of these Statutes is mentioned expressly the consent of the Lords spirituall but of the King and Great men Magnatum in Latin and of the Communalty which is repeated in euery of the forsaid Statutes except one where is said The King by the assent and expresse will and concord of the Dukes Earles Barrons and the Commons of this Realme did determine c not mencioning at al the Bishops Archbishops Abbots and other Ecclesiasticall Prelates that had right of suffrage in those Parlaments and consequently how far this probation de facto doth proue also de Iure I leaue to the Reader to consider 40. Only we conclude that howsoeuer this was either by right or wrong for the manner of determining certaine it is that King Edward did not therby diminish any way his opinion or iudgment of the Popes spirituall authority as may appeare by al his other actions writings to the same Sea afterwards and of his respectiue carriage and behauiour not only towards the Popes but to his owne Clergy also in England in all matters belonging to their superiority Ecclesiasticall In proofe wherof vpon the very selfsame 25. yeare of his raigne wherin the former Statutes of restraint were decreed against such of his subiects as should offend therein he made another Statute intituled A confirmation of all libertyes graunted the Clergy And after ward vpon the 31. yeare another Statute intituled A confirmation of the great Charter and of the Charter of the Forrest Which great Charter containing the priuiledges libertyes and superiority of the Church is confirmed by him againe in
the 42. yeare of his raigne by a particular Statute And finally vpon the 50. yeare which was the last before he died he made another Statute intituled thus âhe libertyes of the Church confirmed So as all the former restraints were pretended for particular cases only mixt with temporaltyes and for remedy of some excesses and inconueniences without detraction of any thinge from the acknowledged supreme power of the Pope and Sea Apostolicke in meere spirituall matters 41. And how far then is all this that is alleadged here by M. Attorney from prouing that K. Edward the 3. did hold himself for supreme head of the Church euen in spirituall and Ecclesiasticall matters Or that his restraints before made in the cases set downe might bee a president or warrant either de facto or de iure to Q. Elizabeth to K. Henrie the 8. or K. Edward that followed him to denie wholy the Popes authoritie and take it to themselues And so much of this K. Edward the 3. whose religion iudgmeÌt though it were euer Catholicke as hath been said yet was his life and actions manie times disordinate and violent as of a souldiar warrier and this not onlie against the liberties of the Church but against the precepts of good life and gouernmeÌt also The first appeareth by a longe reprehension written vnto him with threatning likewise of excommunication from Iohn Stratford Archbishop of Canterburie vpon the yeare 1340. wherin he doth sett downe the manie greiuances which he did laie vpon the Church vniustlie And for the second it maie bee vnderstood as wel by the same narration of the foresaid Archbishop wherin he said to the king admonishing him of his fathers miserable end Ferè corda populo terra amisistis You haue almost lost the hearts of all the people of the land As also the same is euideÌt by the generall testimonie of our historiographers who make the later parte of his raigne to haue been very much disordered thereby also vnfortunate miserable as maie appeer by these words of VValsingham who hauing much commended other graces in him saith Luxus tameÌ motus suae carnis lubricos etiam in aetate senili non cohibuit c. he did not euen in his old age restraine the luxurious and fraile motioÌs of his owne flesh being much allured hereunto as is said by the incitation of a certaine dishonest woman named Alice Pierce that was with him vnto the end of his life and was cause of hastening the same And it is greatlie to bee noted as in the former parte of his raigne all things went prosperously with him so towards the later end in his old age through the demerit of his synnes all fell out contrarie c. OF KING RICHARD THE SECOND The tweluth King after the Conquest § I. 42. Next after the death of K. Edward succeded his Nephew K. Richard the 2. for 22. years sonne of Prince Edward surnamed the Black Prince who died not long before his father The child was but an eleuen yeares old when he tooke the Crowne and of verie great expectation but that youth wealth and commaundrie in that age with adulation and peruerse counsaile of licencious people that are wont to accompanie that state and condition of Princes drew him aside to his owne pittifull ruine in the end and would God in his life conuersation gouernment he had as well held the stepps and wisedome of his auncestors as he did in the outward maintenance of their religion and obedieÌce towards the Sea Apostolicke for that probably it would haue preserued him froÌ the miseries whereunto hee fell though it bee true also that dissolution of life doth commonlie bring with it conteÌpt or neglect or lesse estimation of religion whervnto this man and some that were about him had the more occasion giuen them by the prophane and wicked doctrine of VViâkâliffe his fellows that preuailed much in these daies and brought many of the Common people to such fury contempt of all religion as their strange tumults and raging rebellions vnder their Captaines wat Tyler Iack Straw and other like vnruly rulers doe well declare 43. But yet the externall face of religion and practice therof receiued and established from the times of all former Kings was continued also by him in particular it is to be noted that no one King did euer more often confirme and ratifie the liberties of the Church then he which is as much to say as to establish the opposite negatiue proposition against M. Attorney professing heerby that he had not supreme authority in causes Ecclesiasticall for so much as the libertyes of the English Church did expressly consist in this that Church-men and Church-matters and all spirituall and ecclesiasticall affaires were a distinct gouernment from the temporall and subordinate only among themselues the one degree to the other and all mediately to the Sea Apostolicke and Bishops therof 44. For proofe then of this that King Richard did confirme and maintaine all the dayes of his raigne these libertyes franquises and priuiledges of the Church and of Clergy-men appeareth by his owne Statutes As for example by the first Statute made in his first yeare with this title A confirmation of the libertyes of the Church and the second Statute made in his second yeare hath the same title and subiect as also hath the first Statute of his third yeare and first of his 5. and first of his 6. and first of his seauenth yeare And so in like manner shall we find the very first Statutes of his 12. and 21. years to containe the same confirmation 45. And if I should stand vpon the enumeration of particular examples of the practice of these libertyes in Clergy-men of those dayes it would be ouerlonge as namely how all Bishops Archbishops Abbots and other Prelates elected according to the agreement before taken repaired to the Bishop of Rome for their confirmations and could not exercise any parte of their offices vntill they had the same And albeit according to the former decrees of the 25. and 27. yeares of K. Edward the 3. confirmed also in the 13. and 16. yeares of the raigne of this King reseruations of benefices or prouisions immediately from the Court of Rome were not admitted which little importeth our controuersie with M. Attorney yet this which includeth the maine ground substantiall fouÌdation of all acknowledgement of supreme spirituall power remained still vntouched to wit that no Bishop Archbishop or other Prelate by whomsoeuer he was presented chosen or nominated could or can at this day haue spirituall iurisdiction but either mediaté or immediatè from the Pastor of the Sea Apostolicke And this point did K. Richard maintaine and defend all dayes of his life which is the principal point as hath byn said of acknowledging the soueraigne authority of the Sea Apostolicke in spirituall affaires for that other things are but dependance of this as
he great difficultyes notwithstanding both therin and by domesticall conspiracyes not only the Lollards and VVickliffians but his owne nobility also kinred and cheife officers conspiring against him and seeking his ouerthrow And finally when he was in the very middest and heat of his wars and Conquest and his life and health most desired both by himself others he died with much affliction of mind in France leauing a little child of his owne name that was but eight moneths old to preserue and defend that which he had gotten but could not as the euent proued 4. This young infant then borne as it were a King of two so great Realmes and crowned in Paris it self which no other King of England euer was before or since drew out a longe raigne for almost forty yeres but intangled with many aduersityes and varietyes of fortune in which he lost first all his States of France not only such as his Father had gotteÌ by dint of sword but other likewise which his progenitors had inherited by lawfull succession of bloud and then by little and little leesing also at home his kinred trustie freinds that by Ciuill wars were cut of he lost at length his Kingdome being twise depriued therof and finally his life and progeny became a pittifull example of Princely misery and so this line of Lancaster entring by Gods designement as it seemeth to punish the sinnes of the former line of Edwards and Richard before mentioned and especially that as many thinke of their rough proceeding with the Church now were punished also themselues by another line of Yorke for continuing the said rigorous and preiudiciall lawes against the priuiledges and franquises therof which was written to K. Henry the 6. by Pope Martyn the 5. as Polidor noteth and he promised reformation therin but the thing depending of consent of Parlament was neuer effected nor that good motion put in execution 5. But yet that all these three Kings of the house of Lancaster were perfectly and zealously Catholicke no man can deny and infinite arguments are extant therof yea and of this point also in particular of their acknowledgment and reuerence of the soueraigne spiritual authority of the Bishop of Rome in the Church of Christ. And therfore King Henry the fourth considering the great hurtes and scandals that had ensued for many yeres togeather by schisme of Anti-Popes in the Sea Apostolicke was so carefull and diligent to procure and assist the Generall Councell indicted at Pisa in Italy for the extinguishing therof as not only he sent learned Prelates vpon his charges thither to help assist the said Councell as namely Robert Bishop of Salisbury and other learned men but wrote very pious letters also both to Gregory the 12. that was the true Pope and to all his Cardinals by a speciall Embassadge of his owne persuading the said Pope by diuers godly and prudent reasons to persist in his mind and promise of giuing ouer the Popedome as the other Anti-pope called Benedictus the 13. had in like manner promised Of which his letter to the said Pope he making mention in another to the foresaid Cardinals saith Cupientes ostendere quem zelum habuimus habemus vt pax detur Ecclesiae c. we desiring to shew what zeale we haue had and haue that peace be giuen to the Church we haue by consent of the States of our Kingdome sent our letters vnto his Holines c. 6. And when this Councell of Pisa tooke no great effect vntill fiue yeares after when in the tyme of his sonne K. Henry the 5. the generall Councell of Constance in Germany was appointed for the same effect the said sonne K. Henry the 5. following his Fathers piety heerin caused the Archbishop of Canterbury Henry Chychley to call âââât a Councell in England to choose fit English Prelates to be sent to that Councell and so were chosen not onlie the foresaid Bishop of Salysburie sent before to Pisa but Bath and Hereford also togeather with the Abbot of VVestminster Prior of VVorcester and other famous learned men to whom the King added for his Embassadour the Earle of VVarwycke to accompany them thither where the said schisme being extinguished by the deposition of three that pretended to be Popes and Martyn the 5. being established in that seate the whole Christian world was put in peace thereby 7. And for that in the same Councell the heresies of VVickcliffians and Lollards were especially condemned and anathematized the same decrees were presently admitted and put in execution in England by the zealous commaundement of the said K Henry the 5. though his father K. Henry the 4. and the whole State had preuented that decree by making temporall laws in confirmation of the Canonicall and Churches laws for the punishment of the said Lollards and VVickcliffians that denyed the Popes Supremacy and caused manie of them to bee burneed and so did K. Henrie the 6. also during all the time of his raigne whereby as by infinite other thinges that might bee alleadged their beleife and iudgment in that behalfe is sufficiently declared though in respect of some temporall inconueniences and the inclination of their people vpon former complaints they recalled not the said restraints laws or ordinances made by their progenitors wherof now we shall speake more particularly in answering the instances alleadged by M. Attorney our of their raignes Instances alleadged out of the Raigne of King Henry the fourth the thirtenth King after the Conquest §. I. The Attorney 8. It is resolued that the Popes Collectors though they haue the Popes Buls for that purpose haue no iurisdiction within this Realme and there the Archbishops and Bishops c. of this Realme are called the Kings spirituall Iudges The Catholicke Deuine It is to bee considered who resolued this and vpoÌ what ground for it maie bee there was some agreement taken between the Pope and the Realme in that behalfe concerning the Collectors authoritie as in other Catholicke Countreys also at this daie wee see there is Neither had the said Collector by his office anie ordinarie iurisdictioÌ but extraordinarie onlie by particular commission And commonly those collections were made cum beneplacito Principis with the good liking of the Prince where they are made Archbishops Bishops maie bee called the Kings spirituall Iudges for that they are his subiects as Peers and principall members of the Realme as before hath been declared and doe liue vnder his protection but not as though they receiued their spirituall authoritie or iurisdiction from him for then might he execute the same authoritie and iurisdictioÌ by others also which are no Bishops as by his Chauncellour and temporall Iudges giuing them the same iurisdiction which no man would affirme in that time as lawfull But let vs see his second Instance The Attorney 9. By the auncient lawes Ecclesiasticall of this Realme no man could be conuicted
cases of heresie hath no substance in it at all for so much as you see it was directed by the Canon law long before K. Henry was borne 15. Wherefore to his last instance that the Pope cannot alter the laws of England I answere it is true touching temporall laws for they are to be made or altered by the English Prince and Parlament but Ecclesiasticall laws of the Church if they be positiue not deuine he might in all those auncient times vpon iust causes alter as I thinke M. Attorney will not deny and then by good consequence if it be true which euery where he striueth to proue that Ecclesiasticall laws though made by the Pope are laws also of England and may be called English lawes when they are admitted in England it followeth I say against himself in this assertion that the Pope might alter the lawes of England in that he might alter those Canon-lawes that were admitted in England thereby made English lawes The Attorney 1. The Iudges say that the Statutes which restraine the Popes prouisions to the benefices of the aduowsons of spirituall men were made for that the spiritualty durst not in their iust cause say against the Popes prouisions so as those Statutes were made but in affirmance of the common laws 2. Excommunication made by the Pope is of no force in England and the same being certified by the Pope into any Courte in England ought not to be allowed neither is any certificate of any excommunication auailable in law but that is made by some Bishop in England for the Bishops are by the common laws the immediate officers ministers of iustice to the Kings Courts in causes Ecclesiasticall 3. If any Bishop doe excommunicate any person for a cause that belongeth not vnto him the King may write vnto the Bishop and commaund him to assoile and absolue the party 4. If any person of religion obtaine of the Bishop of Rome to be exempt from obedience regular or ordinary he is in case of Premunire which is an offence as hath byn said contra Regem Coronam Dignitatem suam The Catholicke Deuine 16. I haue conioyned three or foure obiections togeather for that indeed all make not the due waight of one Wherfore to the first I answere that little it importeth to our controuersie what those Iudges said why the Statutes were made against the Popes prouisions in affirmance of the Common-laws for this may be said of euery new Statute whatsoeuer that it is made in affirmance of ancient Common-law albeit the said law supposed to be common no where appeare nor any reason proofe or probability be alleadged why it should be Common-law before that fact or Statute appeared So as this Common-law is now by M. Attorney made so common as it cometh to be Ens transcendens embracing all that is or can be deuised by any of his Iudges or Reuerend Sages or rather he maketh it Ens rationis or a meere Chymera that as Logitians hold hath no essence or being at all à parte rei but only in imagination For seing that the Popes prouisions had endured in England for so many ages before as all doe and must graunt how may the common law be presumed all that while to haue byn against the same yet no mention euer made therof These are morall impossibilityes to say no more 17. The second point doth answere it self and we haue touched the same before that by agreement in England the Popes Buls of Excommunication when they were sent should not be admitted ordinarily but by the certificate of some Bishop of England for preuenting the fraudes or false suggestions which particular men might vse therein And wheras M. Attorney heere againe saith that the Bishops are by the Common lawes the immediate officers and ministers to the Kings Courtes in causes Ecclesiasticall he runneth againe to his old Chymera of imaginary Common lawes For where is this Common-law that maketh Bishops to be officers and ministers to the Kings Courts in causes Ecclesiasticall For if the Common-law or Iudges thereof cannot so much as heare or take conusaunce of any spiritual causes belonging to Bishops Courts as often M. Attorney affirmeth in this his booke how much lesse can it or they by vertue therof appoint Iudges or make them officers in those spirituall Courts which haue their authority from the Canon and not Common lawes 18. To the third obiection little answere is needfull For who seeth not but that euery King in his Kingdome may commaund all âââes of people to doe their duty to surcease from wrong And so if a Bishop for a cause not belonging vnto him should excommunicate any the Prince may commaund him to absolue ãâã party whome vniustly he hath excommunicated if the iniustice bee so apparant as heere is presumed But M. Attorney should haue proued that the King himself might haue absolued him as in truth he might if he had Superiour authority to the Bishop in Ecclesiasticall causes as he may absolue immediately by himself all that are censured or sentenced adiudged or condemned by his Chauncellour lay Iudges or temporall officers and ministers nor hath he need to send the party to be assoiled by them or to will them to doe it as heer he doth the Bishop but might doe it himself or by some other giuing him authority thervnto which yet neuer King of England did attempt before King Henry the 8. 19. To the 4. braunch is answered that by good reason it was agreed that no religious man hauing made his vow of obedieÌce in England should seeke to Rome for exemption therof without proposing his causes first in England it self for that otherwise vpon false informations suggestions of the party against his Superiours many troubles and inconueniences might follow by such exemptions and this is that which is touched in the Statute it self here alleadged affirming that no man shall goe to Rome for that which may be determined in England c. And now consider I pray you what all these foure instances laid togeather doe weigh in poyse of good reason But let vs see further 20. A fourth instance of M. Attorneys is taken out of a Statute of the 6. yeare of K. Henry the 4. where the commons doe againe make complaint of other new aggreiuances by the Courte of Rome to wit that such as are to be preferred to Bishopricks Archbishopricks and other Prelacyes cannot be admitted vntill they haue compounded with the Popes Chamber for paying of the first fruites of the said benefices and other dutyes required vvhervpon the King saith the Statute by the aduise and assent of the Great men of his Realme in Parlament and note that he nameth not heer the spirituall Lords did ordaine that whosoeuer should pay heerafter to the said Chamber or otherwise for such fruites and seruices greater summes of money then had byn accustomed in time past
is a lawyer and delighteth in the word that hath byn so beneficiall vnto him but yet alleadgeth here no law at all nor can he doe For what law is that by iugment wherof the Sanctuarie of S. Iohns Church in London grauÌted by the Pope was disalowed for so much as all other Sanctuaries had and haue from that Sea their franquises and liberties Was it Common-law or Canon and Ecclesiasticall Not Ecclesiasticall For that all such law dependeth from thence and consequently cannot be supposed to haue disanulled the Popes authority in graunting Sanctuary Common law if it were it must appeare how it came in by whom it was admitted by what right it came to haue conusauÌce of this Ecclesiasticall cause which M. Attorney so often hath denyed before to apperteyne to his Common-law wherof ensueth that eyther those temporall Iudges exceeded their limites in handling this cause or that there was some temporall circumstance therein that brought it into that Courte 10. And surely it may bee that this Sanctuarie pretended by the Prior of the Knights of S. Iohns in London might not onlie bee the ordinary Sanctuarie of their Church and appurtenances thereunto which all Churches haue by Canon law more or lesse but also of some greater circuite round about their said Church and habitatioÌ which they being Knights and souldiars might importe some inconueniences to the common wealth by occasion of contentions fights brawles that might there fall out the temporall officers hauing no accesse by reason of the said pretended Sanctuary And so this case not being meere spirituall but mixt also with temporall interest of the Common-wealth the common Iudges vntill the matter were better discussed and resolued in ecclesiasticall right might put difficultie about the admission or execution of the said priuiledges without the Kings expresse consent And this is answered according to M. Attorneys allegation supposing it to bee sincere not hauing by me the bookes as before I haue said out of which he hath taken the same the view whereof no doubt would discouer more therfore I recommend the examination to the Reader that may haue commoditie to see and read the places But let vs see another Instance of two more of his out of this Kinges raigne The Attorney There it appeareth that the opinion of the Kings-bench had been oftentimes that if one spirituall person sue another spirituall man in the Courte of Rome for a matter spirituall where he might haue remedy before his Ordinary that is the Bishop of that Diocesse within the Realme Quia trabit ipsum in placitum extraregnum incurreth the dauÌger of a Premunire a hainons offence being contra legiantiae suae debitum in contemptum Domini Regis contra âoronam dignitatem suas By which it appeareth how greiuous an offence it was against the King his Crowne and dignity if any subiect although both the persons cause were spirituall did seeke for iustice out of the Realme as though either there wanted iurisdiction or iustice was not executed in the Ecclesiastical Courts within the same which as it hath byn said was an high offence contra Regem Coronam dignitatem suas The Catholicke Deuine By this instance a man may greatly suspect that M. Attorney dealeth not sincerely but amplifieth and exaggerateth matters to his purpose But howsoeuer this bee cleere it is that he dealeth not substantially For heere only the note alleadged saith that the opinion of the Kings-bench had byn oftentymes that if one spirituall or Ecclesiasticall person should sue another in the Courte of Rome when he might haue remedy before his Ordinary at home he incurreth the daunger of a Premunire for that he draweth a Plea out of the Kingdome without necessity Well then this is but the opinion of some temporall lawyers of the Kings-bench that a man that should doe this should be in daunger of a Premunire for that he draweth a Plea out of the Kingdome when he might haue sufficient remedy by his spirituall Iudge at home And this is according to the Statutes before made vnder King Edward the third and Richard the second as you haue heard that matters may not be carryed to Rome at the first instance but by way of appellation when they cannot haue iustice at home And this taketh not away the Popes authority as you see but rather confirmeth the same and punisheth only disorderly people that will vex and trouble men with citing them to Rome without necessitie 12. Which being so you will see how friuolous M Attorneys exaggeration is heer in painting out vnto vs with so great an hyperbole of words this haynons offence against the duty of loyalty in contempt of the King our Lord and contrary to his crowne and dignity c. And why is all this adoe For that saith he a subiect of the realme doth seeke for iustice out of the Realme in spirituall causes as though there wanted iurisdiction or iustice within the Realme which is an high offence contra Regem coronam dignitatem suas Whereto I aunswere that what high offence it may be against suas here twise repeated in the English but corrected by the Latyn Interpreter I know not but sure I am that against King Crowne or Royall dignity it can be none no more in England then in other Catholicke Kingdomes round about vs. And the reason here alleadged by M. Attorney excludeth all appellations betwene subordinate Courts as wel within the Realme as without if it should be admitted and taken for good Wherefore when he writeth in the margent Note as though some great argument were alleadged for his purpose It is a note that he hath small store of substance to note when he standeth so much vpon such a toy The Attorney In the Kings Courts of Record where felonies are determined the Bishop or his deputy ought to giue his attendance to the end that yf any that is indicted and arraigned for felony doe demaund the benefit of his Clergy that the Ordinary may informe the Court of his sufficiency or insufficiency that is whether he can read as a Clarke or not wherof notwithstanding the Ordinary is not to Iudge but is a minister to the Kings Court the Iudges of that Court are to Iudge of the sufficiency or insufficiency of the party whatsoeuer the Ordinary doe informe them and vpon due examination of the party may giue iudgement against the Ordinaryes information For the Kings Iudges are Iudges of the cause The Catholicke Deuine 13. I am content to admitt anie iudges in this cause whether it be not impertinent to M. Attorneys purpose to bring in this instance For howsoeuer he goeth about in words to dazel this case yet is it euident that for so much as the Church by her priuiledge of Superioritie taketh out of the hands of temporall iustice men condemned to dy for felony onlie for that they can read like Clerkes though they bee no Clarkes
indeed for if they were and had but so much as primam tonsuram they could not bee held nor iudged by that Court as often before hath byn shewed it is euident where the eminencie of authoritie laie in those daies to wit in the spiritualtie aboue the temporaltie vayne it is to stand vpon other trifling circumstances whether the Bishops deputie sent to demaund the liberty of those felons by law did giue attendance vpon the Kings Courts or no or whether he or the Iudges that were lay-men must iudge of this sufficieÌcy or insufficiency whether the fellon did read as a Clarke or not For if the temporall Iudges must discerne therof as M. Attorney auerreth then in vaine was the Bishops Deputy called thither without whom it might haue byn done by the Iudges alone But if he were of necessity to be called thither and vpon his oath to pronounce si legit vt Clericus and that vpon his verdict the Iudge must giue sentence to admit the fellon to the benefit of Clergy and thervpon to haue pardon of his life and to be deliuered vnto the Bishops prison as of higher authority then is it manifest that this instance impugneth rather then helpeth M. Attorneys assertion as commonly doe all the rest when they are well examined The Attorney The Popes excommunication is of no force within the Realme of England In the raigne of King Edward the 4. a Legat from the Pope came to Calles to haue come into England but the King and his Counsell would not suffer him to come within England vntill he had taken an oath that he should attempt nothing against the King or his Crowne and so the like was done in his raigne to another of the Popes Legats this is so reported in 1. H. 7. fol. 10. The Catholicke Deuyne 14. The first parte of this instance about the validitie of the Popes excoÌmunication hath oftentimes been answered before what circumstance and conditions were agreed vpon to bee obserued in the execution thereof for auoiding inconueniences that came by false suggestions of some troublesome people and among other that it should allwaies bee directed to some Bâsâop whose certificate should bee required for the lawfvllnes therof as before hath been shewed out of the 3. yeare of K. Edward the 3. hath appeared also before out of King Richards Statute where all the Bishops expounded themselues that it was not meant to derogate by that Statute from the Popes authoritie to excoÌmunicate c. And in this very place and next words after this present instance hath M. Attorney another instance out of King Richard the 3. in these words It is resolued by the Iudges that the iudgment of excommunication in the Courte of Rome should not bind or preiudice anie man within England at the Common-law Wherby is cleerly declared the meaning of the former cause to wit that the popes excommunication which is a spirituall sentence or punishement for spirituall affaires may not preiudice temporall all suites at the Common-law in temporall matters and it is not much sinceritie in M. Attorney to alleadg these parcells of his Iudges determinations so nakedly as he doth without distinction or explication to the end his simple Reader may be put in error therby 15. The other instance of the Popes Legate staied at Calles and not suffered to come into England vntill he had taken an oath to attempt nothing against the King or his Crowne sheweth that King Edward rather doubted and feared his authoritie then contemned or denied the same especially he being in that controuersy about the Crowne as then hee was and the Pope interposing his spirituall authoritie between K. Henry the 6. and him And as well he might alleadge the example of the Popes messenger detained in Calles by commaundement of King Phillip and Q. Marie when he brought the Cardinals hat from Paulus 4. to Friar Peto for that the said Princes would not suffer him to come into the Realme vntill they had otherwise informed the said Pope by their Embassadours in Rome that the same was not expedient And yet did not this proue that they either contemned the Popes authoritie or thought this soueraigntie of spirituall iurisdiction to bee in themselues And it is a case that often falleth out in the affaires of Catholicke Princes with Popes when they doubt anie thing will proceed against them from the said Sea Apostolicke to keep off the execution or notification therof by what means they can vntill matters bee compounded And we haue had many examples therof before namely in the raignes of K. Henry the 2. K. Iohn K. Henry the 3. and two King Edwards following him who fearing excommunication were vigilant in prohibiting that no messenger from Rome should enter the Realme without their licence which was an argument rather of their esteeme then disesteeme of that place and power Out of the raigne of K. Henry the seauenth who was the nyntenth King after the Conquest §. II. In the raigne of K. Henry the 7. the pope had excommunicated all such persons whatsoeuer as had bought alume of the Florentines and it was resolued by all the Iudges of England that the Popes excommunication ought not to bee obaied or to bee put in execution within the Realme of England In a parlament holden in the first yeare of King Henry the 7. for the more sure like reformation of Priests Clerks religious men culpable or by their demerits openly noised of incontinent liuing in their bodies contrarie to their order it was enacted ordained and established by the aduise and assent of the Lords spiritual and temporall and the Commons in the said Parlament assembled and by authoritie of the same that it bee lawfull to all Archbishops and Bishops and other Ordinaries hauing Episcopall iurisdiction to punish and chastise Priests Clercks and religious men being within the bounds of their iurisdiction as shall bee conuicted afore them by examination and lawfull proofe requisite by the law of the Church of aduowtry fornication incest or anie other fleshly incontinency by committing them to ward prison there to abide for such time as shall bee thought to their discretions conuenient for the qualitie and quantitie of their trespasse And that none of the said Archbishops Bishops or Ordinaries aforesaid bee therof chargeable of to or vpon anie action of false or wrongfull imprisonment but that they be vtterly therof discharged in anie of the Cases aforesaid by vertue of this Act. Rex est persona mixta because hee hath both Ecclesiasticall and temporall iurisdiction By the Ecclesiasticall laws allowed within this Realme a Priest cannot haue two benefices or a bastard can bee a Priest but the King may by his Ecclesiasticall power and iurisdiction dispense with both of these because they be Mala prohibita and not Mala per se. The Catholicke Deuyne 16. Heere are three or foure instances for breuityes sake layed
the eight after two partes of three of his raigne wherin he had not only acknowledged and practised according to the vse of all his predecessours but singularly also defended and propugned by publicke writing the Catholicke consent of all Christendome concerning the Soueraignty of the Sea of Rome therin did at length vpon certaine occasions of particular distast anger and exasperation falling out betweene Pope Clement the 7. and him about the diuorce of his wife Queen Catherine daughter of Spaine and the marriage of Lady Anne Bullen in in her place to neither of which the said Pope would consent make strange innouations by little little as first threatning and the said Pope then substracting some of his authority and giuing it to others and finally taking all vnto himself Which deuise being once begun was continued after his death by the gouernours of his young sonne King Edward though with lesse probability and apparance of truth as before hath byn noted then reiected againe by his daughter Queene Mary who restored the same whence it was taken but reassumed though in a different deuise of words by his second daughter Q. Elizabeth that least of all was capable of it as in precedent chapters hath byn declared So as heere though M. Attorney doth euery where talke of auncient laws and common consent there is neither anquity vnity conformity consent or continuance of anie moment to bee found which will better appeare by that wee haue briefly to touch of ech one of these Princes raignes in particular Of King Henry the eyght who was the twentith King after the Conquest §. I. 2. This Prince succeeding his father King Henry the 7. in the flower of his youth when he was but 18. yeares of age but adorned with many rare graces both of mind and body tooke the scepter in hand with as great expectation of his people neighbours round about him as euer did Prince of our land before or after him and for the space of more then 20. yeares performed the same in all points of an excellent Prince both in peace and warre vntill he fell into that vnfortunate fatall breach with his wife and Queene and disordinate appetite of the other that succeeded her whervpon ensued all those strange and vnexpected mutations which afterward were seene one thing giuing occasion and making way to the other as the euents declared 3. But among all other points of Catholicke doctrine no one was more obserued by this King while he remained in his auncient peace of mind then that of his due acknowledgment subordination and respectiue correspondence with the Sea Apostolicke which being in his dayes begun to be impugned togeather with many other points of Christian religion by Martyn Luther an Apostata Friar of Germany and his followers King Henry out of his great zeale and feruour towards the said religion and Sea Apostolicke tooke vpoÌ him to write a special learned booke in defence therof against the said Luther which booke he sent to Rome presenting it to Pope Leo the tenth subscribed by his owne âand which I haue seen by a speciall Embassadour for that purpose Doctor Clerke Bishop of Bath and VVells that made an earnest speach and eloquent oration at the deliuery therof in protestation and commendation of his Kings high and resolute zeale in this behalfe all which being extant in print I remit the Reader thervnto for his better satisfaction 4. Only I cannot pretermit to recite in this place some of his words which he vseth in that booke in defence of the Popes Ecclesiasticall Supremacy which himself afterward vpon new passions rising so greatly impugned Thus then he wrote against Luther in those dayes Non tam iniurius ero Pontifici vt anxiè sollicitè de eius Iure disceptem tanquam res haberetur pro dubia c. I will not offer so much iniury vnto the Pope as earnestly and carefully to dispute heere of his right as though the matter might be held in doubt it is sufficient for that which now we haue in hand that his enemy Luther sheweth himself so much to be carried away with passion and fury as he taketh all faith and credit from his owne sayings cleerly declaring his malice to be such as it suffereth him neither to agree with himself nor to consider what he saith So be 5. And then after a large confutation of Luthers fond opinion and furious assertion that the pope neither by diuine or humane law but onlie by vsurpation and Tyrannie had gotten the headshipp of the Church K. Henry vseth two stong reasons and arguments against him among other to represse his maddnes therein The first of generall consent from antiquitie saying Negare non potest c. Luther cannot deny but that all the faithfull Christian Churches at this daie doe acknowledge and reuerence the holie Sea of Rome as their mother and Primate c. And if this acknowledgment is grounded neither in diuine nor humane right how hath it taken so great and generall roote How was it admitted so vniuersally by all Christendome When began it how grew it to bee so great And wheras humane consent is sufficient to giue humane right at least how can Luther saie that heer is neither diuine nor humane right where there is and hath been for time out of minde so vniuersall humane consent c. Certe si quis rerum gestarum monumenta reuoluat inueniet iam olim protinùs post pacatum orbâm plerasque omnes Christiani Orbis Ecclesias obtemperasse Romana c. Truly if a man will looke ouer the monuments of things and times past he shall find that prefently after the world was pacified from persecution the most parte of Christian Churches did obay the Roman yea and the Greeke Church also though the Empire were passed to that parte wee shall find that shee acknowledged the Primacy of the same Romane Church but only wheÌ shee was in Schisme And as for S. Hierome though he were no Roman yet did hee in his daies ascribe so much authoritie and preheminence to the Roman Church as he affirmed that in matters of great doubt it was sufficient for his faith to bee allowed and approued by the Pope of Rome c. This is the first argument vrged by King Henry of antiquitie and consent 6. Another hee alleadgeth of impossibilitie for the Pope to haue attained by force and Tyrannie to so great authoritie as he had according to Luthers calumniation the effect is this Cum Lutherus tam impudenter pronunciet c. Whereas Luther so impudeÌtly doth affirme that the Pope hath his Primacie by no right neither diuine nor humane but onlie by force and Tyrannie I doe wonder how the mad fellow could hope to find his Readers so simple or blockish as to beleiue that the Bishop of Rome being a Priest vnarmed alone without temporall force or right either diuine or humane as he supposed
now that this authority was no new thing or to vse his words not a Statute introductorie of a new but declaratorie of an old and that the same was conforme to the auncient laws of England acknowledged and practised by all her auncestors Kings of the same and that the difference of her sex as they had qualified the matter and couched their words did hinder nothing at all the acceptance of this authority shee was content to lett it passe admitt therof for the time though I haue beene most credibly informed by such as I cannot but beleiue therein considering also her forsaid sharpenes and pregnancie of witt that vpon diuers occasions especially for some yeares after the beginning of her raigne she would in a certaine manner of pleasantnes iest thereat herself saying Looke what a head of the Church they haue made mee 37. And to the end that no man may imagine that these things some other which heer I am to touch of the good dispositioÌ this deceased Princesse had of her self towards Catholicke religion at the beginning of her raigne and for diuers yeares after if she might haue been permitted to her owne inclination are fayned I doe affirme vpon my conscience in the sight of him that is author of all truth and seuere reuenger of all false-hood that nothing hereof is inuented or framed by mee but sincerely related vpon the vndoubted testimonies of such as reported the same out of their owne knowledge As for example that not longe before the death of Q. Marie a coÌmission being giuen to certaine of the priuie Counsell to goe and examine the said Ladie Elizabeth at her howse of Hat-field not far from London when other matters had been debated shee taking occasion to talke with one of them a part in a window said vnto him with great vehemencie of spirit and affliction of mynd as it seemed laying her hand vpon his Oh Syr and is it not possible that the Queen my sister will once bee persuaded that I am a good Catholicke Yes Madame quoth the Counsellor if your Grace bee so indeed God will moue her Maiestie to beleiue it Wherevpon the said Ladie both sware and protested vnto him that she did as sincerely beleiue the Roman Catholicke religion as anie Princesse could doe in the world in proofe thereof alleadged the order of her familie which was to heare masse euery daie and the most of them two one for the dead and the other for the liuing And this hath the said Counsellour oftentimes related vnto mee and others hee being a man of great grauity truth and sinceritie in his speeches 38. And coÌforme to this I haue seen a letter written in Spanish from the said howse of Hat-field vnto K. Philip then in Flaunders by the Count of Ferââ afterward Duke and then Embassadour for the said King in England which letter was written vpon the 16. daie of Nouember in the yeare 1558. when Queen Marie being now extreme sicke and annealed out of all hope of life he went to visit the said Princesse Elizabeth from his Maister and relateth all the conference and speach he had with her and her answers to diuers points concerning her future gouernment with his opinion of the same both in matters of ãâã and religion concerning the latter wherof though hee discouered in her a great feeling and discontentment of certaine proceedings against her in her sisters time and therevpon did foreââsome troubles like to ensue to some of them that had been in ââfe gouernment and namely to Cardinall Poole if he had liued ãâã wrtieth he that for the Principall points of Catholicke faith ââen in controuersie he was persuaded she would make no great ââteration and in particular he affirmeth that she protested vnto vnto him very sincerely that she beleiued the reall presence in the Sacrament after the words of consecration pronounced by the Priest 39. Which relation of this noble man is much consirmed by that which was written to the said Queene herself some six or seauen yeares after by Doctor Harding in his dedicatory epistle before the confutation of the English Apologie of the Church of England vpon the yeare 1565. wherin he commendeth her liking of her more sober preachers both allwayes heertofore saith he and specially on Good-friday last openly by words of thanks declared when one of a more temperate nature then the rest in his sermon before your maiesty confessed the Reall Presence So he And that this opinion and affection staied and perseuered with her euen vnto her old age by her owne confession I haue for witnes another Worshipfull knight yet aliue who vpon the truth of his conscience hath often protested vnto me that hauing occasion to walke talke with her and to discourse somewhat largely of forraine matters for that he was newly come froÌ beyond the seas in her garden at VVhitehall not aboue fiue or six yeres before her death relating vnto her among other things the iudgment and speaches of other Princes concerning her excellent partes of learning wisedome bewty affability variety of languages and the like but especially the speaches of certaine great Ladies to this effect vpon viewing of her picture the said knight seeing her to take much contentment therein and to demaund still greedily what more was said of her he thought good asking first pardon to ad the exception that was made by the said Ladies to wit how great pitty it was that so rare a Princesse should be stained with heresie wherat her Grace being much moued as it seemeth answered And doe they hold me for an heretick God knoweth what I am if they would let me alone and so auouched vnto him in particular that she beleiued the Reall presence in the Sacrament with other like protestations to that effect 40. And sundry yeares before this againe there being sent into England from France one Monsieur Lansacke of the French King Counsell that was Steward in like manner of the Queen-mothers houshould as before hath byn meÌtioned he was wont to recount testifie after his returne with great asseueration that hauing had confident speach with the Queen of England about matters of religion she told him plainely that which before we touched about her spirituall Supremacy to wit that she knew well inough that it belonged not to her but to S. Peter and his Successours but that the people and Parlament had layed it vpon her and would needs haue her to take and beare it Adding moreouer her Catholicke opinion about other points in controuersie also and namely about Praying to Saints affirming that euery day she prayed herself to our Blessed Lady And so far forth had she persuaded this to be true to this French Counsellour as he did not only beleiue it and reporte it againe with great confidence but was wont to be angry also with such as should seeme to make doubt of the truth therof among whome for
places of differeÌt Religion Christians liuing there should of their owne curiosity goe sometimes to the Churches or Moscies of that CouÌtrey to heare see only what is there done though not to pray or worship or which is lesse should carry or weare their Turbant or Mahometan habit it were not so great a matter of offence but if the King or Emperour should commaund the same to be done in attestation of their conformity of religion now this precept doth make it much more vnlawful though yet if he were not true King indeed nor true magistrate that should make such a precept but some priuate man of his owne authority euery man seeth that it would rather diminish then encrease the obligation of recusancy And so M. Attorney when he affirmeth that Catholickes first began their recusancy of going to Church vpon this persuasion that Queen Elizabeth was not lawfull Queene he alleadgeth circstumaÌce that might rather in some sort facilitate their going then encrease their obligation to the same recusancy For that her precept and commaundement binding them not at all as not Queene they were freed thereby of that obligation as before hath byn said springing of this head of Royall commaundement 10. This then is the first great iniury which M. Attorney offereth vnto Recusant Catholickes interpreting their recusancy to be of malice and treasonable hearts rather then of band of conscience which iniury he often iterateth in the current of his discourse saying after many other accusations heaped togeather in this sorte In all this tyme no law was either made or attempted against them for their recusancy though it were grounded vpon so disloyall a cause as hath byn said And againe a little after talking of the penall laws made against them for the same recusancy he saith That it was a milde aud mercifull law considering their former conformity and the cause of their reuolt But I hauing shewed now that there was no such generall conformity before and consequently no reuolt and much lesse any such cause of reuolt as he faineth to himself the vntruth of these charges and the wrong done therby to innocent men is made euident and manifest 11. Neither doth M. Attorneys exorbitant humour containe it self heer but being once entred into the field of insolent inuectiues and exaggerations against the said recusant Catholickes hee vaunteth and triumpheth as though he had them vnder him at the barre readie to bee condemned where no man must speake in their behalfe but himself onlie against them without replie or contradiction And therfore after a longe enumeration of matters both impertinent and little important to the cause in hand he writeth thus And there vpon Campian Sherwyn and manie other Romish Priests being apprehended and confessing that they came into England to make a partie for the Catholicke cause when need should require were in the 21. yeare of the said late Queens raigne by the auncient Common-laws of England indicted arraygned tried adiudged and executed for high treason c. And againe not longe after he maketh this conclusion By this and by all the Records of indictments it appeareth that these Iesuites and Priests are not condemned and executed for their Priest-hood and profession but for their treasonable and damnable persuasions and practices against the Crownes and dignities of Monarches and absolute Princes c. Thus hee 12. But heer I would aske may not a man of his calling bee ashamed to put in print so manifest vntruths euen then when there are so manie hundreds yet aliue that were at the said arraignments trials condemnations deaths of the said Blessed men Campian Sherwyn the rest who not only protested on their soules and euerlasting saluation at their last houre to bee guyltlesse in all accusations laid against them except only their Orders of Priest-hood and profession of faith but vpon racks also stood therevnto and defended the same so cleerly at the barre with manie reasons proofes and demonstrations as most of those that stood round about and heard their Pleas yea Protestants also by name did think certainly when the Iury went forth to consult and did offer likewise to lay wagers theron that at least Father Campian and his companie the first day should haue been quitted 13. And as for the auncient common laws of England wherby M. Attorney saith they were condemned wee haue shewed now often before that this is but a word of Course with him that there bee no such CommoÌ-laws extant not euer were or could bee vnder Catholicke Princes against Priests before the breach of King Henry the 8. and that this is but an Idaea Platonica of the Attorneys inuention to couer and colour matters withall whose soule truly I doe loue so dearly as I would bee very sory hee should entangle the same with the bloud of those godly men that suffered before he came to age to vndergoe that daungerous burthen of pleading against them Hee maie leaue that charge to his Auncients especially to him that had his office at that time who being yet liuing as I suppose hath both that and many other such heauy reckonings to answere for at the time appointed by the common Iudge of all whome I beseech most humbly to facilitate that account vnto him and others interessed therin as this also of calumniating Recusant-Catholickes to M. Attorney they being the only people of that profession that most ought to be pittied and charitably delt withall for that they suffer only for not dissembling in their consciences which if they would doe as the sinne were damnable to themselues so were it nothing profitable or auailable to the State or Prince to haue externall conformity without inward consent iudgement will or loue And so much of the ground of this first expostulation pretermitting many other things which might be complained of in this boysterous streame and torrent of M. Attorneys accusations against them 14. And yet one thing more I may not pretermit which is to admonish his conscience if it haue aures audiendi hearing eares which by our Sauiours speach appeareth that diuers coÌsciences haue not to looke to one speciall obligation aboue the rest which is that hauing ended and put in print this his Booke presented the same in person to his Maiesty shewed the principall drift and partes therof and therby made some stronge impressions against the said Recusant-Catholickes as well appeared by his said Maiesties speaches and discourse that day at dinner when the said booke was brought forth his obligation I say is and this both in conscience and honour that finding himself now mistaken ouershot or deceiued in some of his said principall Reportes and principally in this about Recusant-Catholicks he is bouÌd to present also this Answere to his said Maiesty for manifestation of the truth and releiuing the said Catholickes of the vniust accusations laid against them as he did present his owne booke of the said
read predecessors Pag. 117. lin 12. for religions read Religious Pag. 118. lin 14. for men desires read mens desires Pag. 122. lin 33. for quetting read quietting Pag. 129. lin 11. for endevving read endowing Pag. 152. lin 12. for Tyrus read Cyrus Pag. 168. lin 31. ovvne his vvords read his owne words Pag. 177. lin 25. for bad read had Pag. 191. lin vlt. in some copyes for hape read haue Pag. 208. lin 39. for sâruiued read suruiued Pag. 209. lin 10. for hir read his Pag. 225. lin 20. for the read she Pag. 229. lin 26. for aginst read against Pag. 254. lin 36. hath said adde hath byn said Pag. 270. lin 26. for my read any Pag. 275. lin 10. for pecular read peculiar Ibid. lin 22. for theraâut read therabout Pag. 278. lin 35. for began read begun In the Margentes Pag. 17. for controsies read controuersies Pag. 85. for lavvoy read lawes Pag. 146. for had read bad Pag. 383. for Castus read Calixtus Pag. 180. for 25. read 35. Pag. 132. for hauing read raigning It may please thee gentle Reader of thy curtesy to pardon these and other like faultes if any shal be found and consider vvith thy selfe the difficultyes we haue in vsing the help of straungers herin A TABLE OF THE PARTICVLAR MATTERS CONTEYNED IN THIS BOOKE A. ABbyes Monasteryes founded in England by Religious Catholicke Princes Cap. 6. Ã num 37. vsque ad num 49. Abbey of Euesham priuiledged from Rome cap. 6. num 42. Abbey of S. Albans founded by K. Offa. cap. 6. num 43. The priuiledges and exemptions of the same ibid. Abbey of Glastensbury priuiledged by Pope Iohn the thirtenth cap. 6. num 45. Abbey of VVestminster priuiledged at the petition of K. Edward the Confessor cap 6. num 47. 48. Abbot of VValtham punished why cap. 12 num 29. 32. Absurdityes of Statute-decrees in Parlament about spirituall power giuen to secular Princes cap. 3. n. 6.7.18.19.20 21. 22. 23. 24. Absurdity of a womans Supremacy in spirituall matters cap. 4. num 27. Absolution of K. Henry the second by the Popes Legates cap. 9. nu 12 13. S. Adelmus Bishop of Sherborne his voyage to Rome cap. 6. num 40. His booke of Virginity ibid. n. 42. Adelnulph King of England his confirmation of Peter-Pence to Rome cap 6. num 71. Agreement betweene the Pope and K. of England about Prouisions of Ecclesiasticall dignityes in England cap. 12. num 12. 39. S. Ambrose his iudgement of spirituall power cap. 2. n 25. 26. His combattes and conflictes with the Emperour and Empresse about Church-affayres ibid. n. 27.28 29. Ancient-Fathers directions how to find out truth cap. 1 n. 17. 18. Their freedome of speach to Emperours cap. 4. n. 4. 5. 6. S. Anselme Archbishop of Canterbury his commendations cap. 8. num 2. His pall brought from Rome by the Popes Legat. ibid. num 4. His plaine dealing with K. VVilliam Rufus ibid. num 5. His reconciliation with K Henry the first ibid. num 11. Appellations to Rome about Controuersies that fell out in England cap. 6. n. 49. 50. deinceps Appeale of K. Henry the second to the Pope about the controuersie of the death of S. Thomas of Canterbury cap. 9. n. 11. Appeales from K. Richard the first to the Pope cap. 9. num 23. Appeale of Richard Archbishop of Canterbury to Rome against K. Henry the third cap. 10. num 17. Archbishop of Canterbury accused to the Pope by K. Edward the first cap. 11. num 16. Archbishop of Canterbury depriued of spirituall Iurisdiction by Q. Elizabeth cap. 11. num 30. Archbishop of Yorke put to death by commaundement of King Henry the fourth cap. 15. num 23. Arguments of K. Henry the 8. against Luther for the Popes Supremacy cap. 15. num 5. 6.7 deinceps Assertions of Protestants and the foundation therof Prefac num 7. S. Athanasius his seuere reprehension of the Emperour Constantius cap. 4. num 8. M. Attorney his imagined ignorance cap. 1. num 12. His condemnation of controuersy-wryters ibid. num 26.27.28 29. His time of study in law ibid. n. 34. His absurd propositions and arguments refuted cap. 3. per totum deinceps per totum librum His arguments and shiftes returned vpon himselfe cap. 4. num 9 12. His new deuise to make Ecclesiasticall lawes the Kinges lawes ibid. num 13. 14. M. Attorney challenged cap. 6. n. 28. Iniuryes offered by him to many in this his booke cap. 16. per totum His false charge of Catholickes ibid. num 2. His iniurious and slanderous calumniations ibid. num 10. His manifest notorious vntruthes ibid. num 11. His Idaea Plaetonica of ancient comon-lawes ibid. num 13. His false information of his Maiesty that now is ibid. num 15. 16. His promise not performeable ibid. num 34. S. Augustines seuere sentence against heretickes and heresies cap. 16. n. 29. S. Augustine of Canterbury his successors by appointment from Rome cap. 6. num 20. Authority spirituall temporall the difference therof cap. 2. n. 4. 5. Authority Episcopall greater then Imperiall cap. 2. num 25. Authority spirituall giuen vnto Q Elizabeth by Parlament cap. 3. num 3. The absurdityes and inconueniences therof ensuing ibid. num 4. 5. Authority of Bishops Courtes from whence it is deriued cap. 13. num 17. Authority of English Prelates when England was Catholike cap. 14. n. 17. B. Bastardy a let or hinderance to Priesthood cap. 14. num 19. S. Benedict of Northumberland his voyage to Rome for priuiledges of his monastery cap. 6. num 39. Benefices collated by lay-men cap. 7. num 26. 29. S. Bertulph his monastery priuiledged from Rome cap. 6. num 39. Bigamy cap. 11. num 30. 31. A statute therof by K. Edward the first ibidem Doubts therabout raised in England ibid. num 31. 32. Bishops made in EnglaÌd by the Popes authority cap. 6. num 21. 22. Bishops lands seased into the Kinges handes and why cap. 11. num 28. Bishops how they might be punished for not admitting the Kinges iust presentation cap. 11. num 29. Bishop of Hereford taken from the barre of secular Court by Ecclesiasticall authority cap. 11. num 46. Bishops and Prelates of England sent to the Councell of Constance in Germany cap. 13. num 6. Bishops how they may be called the Kinges spirituall Iudges cap. 13. n. 8. Bishops Courtes from vvhence they haue their authority cap. 13. num 17. Bishops hovv farre they may be commaunded by the King cap. 13. num 18. Birth-right of lavves c. â n. 18.22 23. Birth-right of Englishmen is Catholicke Religion cap. 1. num 26. Bodyes to the King and soules to the Priest cap. 4. num 5. Booke of K. Henry the 8. against Luther in defence of the seauen Sacraments cap. 15. num 3.4 5. Breach of King Iohn vvith the Sea Apostolicke and occasion therof cap. 9. num 57. Breach of K. Henry the 8. with
His reconciliation vvith the Sea of Rome ibid. num 62. 63. His death ibidem n. 66. Iurisdiction spirituall and temporall and the dependance or independance the one of the other cap. 2. n. 6. 7. Iurisdiction-spirituall internall and externall cap. 2. n. 16. Ins how farre the vvord extendeth cap. 1. num 3. K. Key of knowledg cap. 6. num 32. Kinges capable of Ecclesiasticall iurisdiction by commission cap. 12. n. 29. King how he is Persona mixta c. 14. num 1â King Edward the CoÌfessor his Charters and priuiledges for Church-libertyes cap. 5. n. 15. deinceps Item his subiection to the Pope ibid. num 16. 17. 18. King Edward the first excommunicated by Pope Formosus cap. 6. n. 57. King Edvvyn of Northumberland demaunded Bishops from Rome c. 6. nu 22. Priuiledges graunted vnto him by Pope Honorius ibidem King Edgar his reformation of the Clergy of England by authority from Rome cap. 6. num 27. King Ceadwalla of the VVestsaxons his going to Rome and death there cap. 6. num 40. King Ethelbert of kent his Charter for Church priuiledges cap. 5. num 11. His dependance of the Sea of Rome cap. 6. num 20. King Inas his lavves in fauour of the Pope cap 6. num 69. His Peter-pence paid to Rome ibid. num 68. King Kenulphus his Charter for Church priuiledges cap. 5 num 3. 4. His letter and humble petition to Pope Leo. cap. 6. num 30. 32. King Offa of Mercia his atteÌpt against Iurisdiction of the Sea of Canterbury cap. 6. num 29. King Offa the younger of Mercia his Confirmation of Peter-pence to Rome cap. 6. n. 70. King Osway of Northumberland his embassage to Pope Vitalianus for an Archbishop into England cap. 6. n. 24. King of Spaine his Ecclesiasticall Iurisdiction in Sicily cap. 15. num 20. Knightes of the Temple suppressed in England cap. 11. nu 43. L. Lanfranke chosen Archbishop of Canterbury cap. 7. n. 4. His letter to Pope Alexander the second ibidem Lawes Ecclesiasticall not made but receaued by secular Princes cap. 1. n. 4. Lawes-birthright cap. 1. num 18. 19. Lawes municipall and their antiquity cap. 1. n. 19. Their commodityes discommoââââââ ibid. num 20. Lawes-canon and how they vvere first receyued in England cap. 4. n. 17. Law-Ciuill and vvhat it is c. 4. n. 24. Law of Nature cap. 4. num 25. Law Euangelicall cap. 4. num 29. Lawes municipall of England cap. 4. num 39. Lawes made before the Conquest by secular princes concerning Ecclesiasticall iurisdiction cap. 6. n. 3. 4.5.6.7 deinceps Lawes Ecclesiastical not made by Princes but by Prelates in England c. 6. n. 9. Lawes attempted by K. Henry the second against the Church of England cap. 9. n. 7. Lawes of K. Edward the first in preiudice of the Clergy of England cap. 11. num 21. Law of Premunire and beginning therof cap. 12. n. 11. 12 Lawes Ecclesiasticall subiect to euery mans particular caluÌniation c. 15. n. 19. Legates of the Pope forbidden entrance into England and vvhy cap. 14. num 13. 15. Leopold Duke of Austria his imprisoning of K. Richard the first cap. 9. num 39. Lollards heretickes in England cap. 13. n. 7. Lawes for their apprehension and execution ibid. num 7. 23. Their name and origen ibidem Luther impugned by K. Henry the 8. Cap. 15. num 4. 5. 6. deinceps His inconstancy inueighed at by the same King ibid. num 7. M. Missions into England by authority of the Pope cap. 6. num 33. Monasteryes and Abbeys founded in England before the Conquest cap. 6. Ã num 37. vsque ad 49. Monasteryes and Churches priuiledges procured from Rome cap. 6. n. 37. 38. 39. Monastery of S. Bertulphes the priuiledges therof cap. 6. num 39. Motiues that indured K. Edw. the 3. to proceed so violently against the Church of England cap. 12. num 3. Mounsieur Lansackes coÌference vvith Queene Elizabeth cap. 15. num 41. N. Name of Lollards from whence it is deriued cap. 13. num 23 24. M. Attorneys ridiculous Etimology therof ibid. num 22. Nature and conditions of spirituall and temporall iurisdiction expressed by S. Gregory Nazianzen cap. 2. num 4. Nicolas Morris Abbot of VValtham punished by K. Edw. the third vvhy cap. 12. num 29. 32. Nouelty of Q. Elizabeths supremacy misliked by Puritans and Protestants cap. 4. num 41.42.43 deinceps O Oath of Supremacy exacted first of all by Queen Elizabeth cap. 4. num 52. 53. Oath of K. Stephen for the maintenance of the libertyes of holy Church of England cap. 8. n. 27. Obedience of Clergy-men due to the Ciuill Magistrate and how cap. 2. num 33. 34 Obedience of K. Edward the Confessor to the Popes of Rome in his tyme. cap. 5. num 16.17 18. Occasion of the breach of K. Iohn with the Sea Apostolicke cap. 9. num â7 Occasions of K. Henry the 8. his breach from the pope cap. 15. numero 10. 11. Offa King of the Mercians his confirmation of Peter-pence to the Sea of Rome cap. 6. num 70. Ordinances and decrees of Pope Formosus for the Church of EnglaÌd cap. 6. num 59. Origens of spirituall and temporall iurisdiction different cap. 15. num 29. Osius his resolute speach to Constantiâs the Emperour cap. 4. num 7. P. Palles of the Archbishops of England accustomed to be taken at Rome cap. 7. n. 11. S. Paules esteeme of spirituall Power giuen vnto him other the Apostles and their successors cap. 2. n. 13. 14. His eager reprehension of vvomans superiority in the Church cap. 4. n. 32. Peace of the Church what it is cap. 7. num 16. Pascalis the pope his letter to King Henry the first cap. 8. num 10. Pennance of K. Henry the 2. at the body of S. Thomas of Canterbury cap. 9. num 19. Peter-pence paid to Rome and the beginning therof cap. 6. n. 67.68 69. The same coÌfirmed by K Offa. ibidem num 70. Also by K. Adelnulph ibid. num 71. In like manner by K. Canutus the Dane ibid. num 72. By K. Edward the Confessor ibidem num 73. Item by K. VVilliam the Conquerour ibid. num 74. And by other kinges vntill K. Henry the 8. ibid. num 75. Perills that often rise by the insolency of priuate men cap. 16. num 3â Pilgrimage to Rome for deuotion by diuers of our English kinges cap. 6. num 76.77 deinceps Plurality of benefices and vvho can dispense therwith cap. 14. num 20. Pointes commendable in a good pastor cap. 4. num 37. Pope Honorius his priuiledges to K. Edwyn of Northumberland cap. 6. n. 22. Pope Formosus his excommunication of K. Edward the first before the Conquest cap. 6. num 57. His decrees and Ordinances for the Church of England ibid. num 59. Pope Pascalis his letter to K Henry the first cap. 6. num 10. Popes prouisions in EnglaÌd for Ecclesiasticall liuinges to straÌgers cap. 12. n. â
Power and the author therof c. 2. n. 2. Power spirituall and temporall and the different endes therof cap 2. n. 3. 4. deinceps per totum caput Power spirituall of the Church and pastors therof cap. 3. n. 10. Power spirituall more eminent than temporall cap. 2. n. 19. Premunire and the first beginning of that law cap. 12. n. 11. Priuiledges and franquises of Churches and monasteryes procured from the Pope cap. 6. n. 37.38 deinceps Priuiledges of the Abbey of Euesham cap. 6. n. 42. Of the Abbey of S. Albans ibid. n. 43. Priuiledges of Glastenbury-Abbey from Rome cap 6. num 45. Priuiledges of VVestminster procured by K. Edward the Confessor cap. 6. num 47. Priuiledges of Ecclesiasticall men in temporall courtes cap. 7. n. 18. alibi saepissimè Promotion of strangers to Ecclesiasticall dignityes in England cap. 10. num 21. 22. cap. 11. num 36. The inconueniences therof to Englishmen ibidem Protestants doctrine condemned by K. Henry the 8. cap. 15. num 15. Prouisions against bribing at Rome cap. 13. n. 21. Prouisions of Ecclesiasticall liuinges in England made by the Pope c. 12. n. 5. The CoÌplaintes therof by Englishmen ibidem The continuance of the same in England cap. ibid. n. 9. AgreemeÌt therabout made betweene the Pope and the Kinge cap. ibid. n. 21. Q. Queene Eleanour Mother to K. Richard the first her iorney to Sicily cap. 9. num 29. Her returne by Rome and busines there with the Pope ibid. num â Her complaintes and petition to Pope Celestinus ibid. num 39.40 41. Queene Elizabeths spirituall authority giuen her by Parlament cap. 3. num 3. 4. The inconueniences and absurdityes that follow therof ibid. n. 4. 5. 6. cap. 4. num 27. Her singularity in that point ibidem num 28. Her supremacy mistiked by Protestants Puritans cap. 4. num 41. 42. 43 44. 45. 46. 47. 48. Causes that moued her first to accept of the Supremacy cap. 15. num 35. 36. Her conferenâe vvith Syr Fran. Inglefield ibid. num 37. Item with the Count of Feria the Spanish Embassadour ibid. num ââ Her protestation about the Real-presence in the Sacrament ibidem n 39. Her ConfereÌce with Mounsieur Lansacke the French Embassadour ibidem num 41. Her owne inclination towards Catholicke Religion ibid num 42. How she vvas drawne to great extremes and cruelty against Catholicks cap. 15. num 43. Queene Mary her raigne cap. 15. n. 3â Her restoring of Catholicke Religion in England cap. 15. num 31. 32. R. Reasons that shew william the Conrour to haue alwayes acknowledged the Sea of Rome cap. 7. num 8.9.10 deinceps Recourse to Rome presently after Englands Conuersion about Ecclesiasticall affaires cap. 6. num 10,11 12. Recourse to Rome by the Kinges of England and Scotland in their greatest Controuersyes cap. 11. num 44. Recusancy of Puritans and the first cause therof cap. 16. num 5. Recusancy of Catholickes from the beginning of Q. Elizabeth raigne cap. 16. num 7. Reformation of the English Clergy by King Henry the 7. cap. 14. num 15. Reliques sent to King Osway of NorthumberlaÌd by Pope Vitalianus c. 6. n. 24. ResignatioÌ of inuestitures by K. Henry the first cap. 8. num 14. Restraintes of exercising the Popes Authority in England and how the same vvere first made cap. 2. num 41. cap. 10. num 25. cap. 12. num 35. King Richard the first his raigne c. 9. num 22. 23. deinceps His misfortunes ibid. num 23. His behauiour and oath at his Coronation ibid. num 25. His voiage to Ierusalem ibid. num 26. 27. His kingdome commended to the Popes protection ibid num 27. His mother sent from Rome to Sicily ibid. num 30. His letter to Pope Clement the 3. ibid num 31. His captiuity in Austria ibid. num 38. K. Richard the second his disorders cause therof cap. 21. num 42. His confirmation of Church-libertyes ibid. num 43. His obedience to the Church-Censures ibid num 47. S. Sanctuary graunted by the Pope to S. Iohns Church in London cap. 14. num 9. Denyed by the temporall iudges ibid. num 10. Scruple of Conscience vrged vpon M. Attorney cap. 16. num 14. Sectaryes not any vvay compared to Catholickes vvhy c. 1. n. 13.14 15. Sectaryes their vayne comendation of Truth cap. 1. num 16. Singularity of knovvledge in heretickes cap. 1. num 5. 6. 7 Statute in Parlament for giuing spirituall authority to Q. Elizabeth cap. 3. num â ââ â 19. The absurdityes that therof ensue ibid. num 5. 6. 7. num 19.20 21. 23. 24. Statutes of K. Henry the 3. in fauour of the Church cap. â0 num 27. Statute of Merton made by K. Henry the 3. cap. 10. num 39. Statute of Bigamy anno 4. Edouardi 1. cap. 11. num 30. Statute of Carliele made in the raigne of King Edward the first c. 11. n. â9 Statute against Lollards cap. 13 n. 22. 23. Statute for reformation of the Clergy cap. 14. num 15. K. Stephen his raigne ouer England cap. 8. num 25. His oath for the libertyes of the Church ibid. num 27. His inconstancy by euill counsaile ibid. num 28. His violence vsed against Clergy-men ibid. His citation and appearance before the Bishops ibid num 31. Stigand Archbishop of Canterbury deposed cap. 7. num 9. Strangers their promotions to Ecclesiasticall dignityes in England and inconueniences therof cap. 10. num 21. 22. 23. cap. 11. num 36. Remedyes sought therof from the Popes of those tymes ibid. num 38. Supremacy Ecclesiasticall not possibly in a woman cap. 4. num 26. 27. Supremacy assumed first by K. Henry the 8. cap. 15. num 13.14 15. Also by K. Edward the 6 ibid num 26. Item by Q. Elizabeth ibid. num 34.35 36. 37. Suppression of the kinghtes of the temple cap. 11. num 43. Synne of heresy how great and greiuous cap. 16. num 26 27. T Tenantes of the Church priuiledged  A straÌge attempt to impugne Catholicke religion by Catholicke Princes lawes in EnglaÌd The importance of M. Attorneys Plea The singularity of M. Attorneyes paradox Ciâ Tuscul q. 3. M. Attorney chalenged of his promise The Author promiseth all modesty in this answere M. Attorney bound in conscience and honour to enforme a nevv his Maiesty * M. Garnet M. Attorneyes ouerlashing in speech Math. 5. Math. 12 The Diuelâs sinnes in ââpting Adam M. Garnetts case Hovv things heard in confessioÌ may not be vttered by Catholick doctrine A partition not afterward performed M. Garnet an honest man by M. Attorneyes warrant M. Attorneyes wit in making a bloudy law to be a sweet lavv About Equiuocation About the antiquity vniuersality of the Protestant Church A straÌge discourse of M Attorney about his Church * Many all 's A theologicall argumet for the Roman Church Mar. vltimo Iâan 14. 10. Mat. 10. 1 Timo. 3.
5. Aug lib. 2. retract cap. 17. l. de correct Gra. c. 15. Se ãâã 3. in cap. Quaren de rebuâ signifie Aristotle The eminency of Spirituall Povver aboue Temporall Greg. orat Ad ãâã tâmere pârâulsoâ Chrys. lib. 3. de sacerdotiâ Hom. 4. in cap. 6. Esai S. Chrysost. sentence of spirituall povver Ioan. 20. Math. 28. Chrys. ibidâ Chrysost. homil 4 de versu âsa Vidi Dominum Matth. 16. Chrysost. vbi supra hom â Marke this notable discourse of S. Chrysostome Matth. 18. A vveighty consideration Anno 116. Diuers examples of S. Ambrose Libellus Ambrosij â 32. Episcopal authoritie greater then Imperiall in matters of faith Anno 387. Lib. â epistolaâuÌ epistola 13. S. Ambrose his combat about deliuering vp a Church to the Emperour Ambr. ibid. S. Ambros. conflict about Church vessells Ambros. concione de basilis non tradendit harotââiâ aut gentelibus Tom. 5. The Emperour a childe of the church and not aboue the Church S. Ambrose his correction of Theodosius the Emperour Ambros. epist. 18. Anno 390. Theodoret. lib. 5. hist. cap. 17. Matth. 21. Rom. 13. 1. Pet. 4. Hovv these tvvo povvers are to be combyned See of the distinctioÌ of these 2. names the Canons of the Apostles Can. 12. 13. 15. Tertul. l. de Moââg and Conn Nuoâ 1. Can. 1. â â 1. 17. 18. 19. c. Note 1 The obedience of Cleargie men due to the Ciuill magistrates Rom. 2. 1. Pet. 2. Chrysost. comment in Rom. 13. Valent apud Theod. l. 14. hist. cap. 7. Nicol. 1. epist. ad Micaâlem Imper. 2 Cleargie men in spirituall matters cannot be vnder the laytie 3 Haâ clergie mens persons goodâ are âââmpââd ãâ¦ã povver See Concil Laâeran sub Alex. 3. part l. c. 10. â sâb ââ noâ 3. c 46. Item cap. Quanquâ de Censibus cap. Clericis cap. Nonnulli c. in 6. See the Councell of To ât also âon 3. can 13. Matisâon can 8. 4 ExemptioÌ of Clergie men en Iure diuâââ Gen. 47. 1. Esd. 7. Exod. 30. 1. Num. 5. S. Leo serm 8. de pâss Dorânâ 5 ExemptioÌ of the Cleargie by Imperiall âavves Consâantin ãâã ad Auill apud Euses â 10. âist ââp 7 cod Ibââd â 16. âât â 26. âod ãâã l. Sanâimuâ ãâã Eccl. Hiâram 6 ExeÌptions confirmed by particuler Kings and Princes Magna Charta artiââd Cleri 7 The competence betvvene temporall and ecclesiasticall Magistrates in some externall things Hovv restraints came in of exercising some points of the Popes auncient authority Caudery his Case Râtulo 304. Reportes sol 1. The grouÌd of the controuersie Statute for spirituall authoritie Anno 1. Elizabethae The Spirituall authoritie giuen to Q. Elizabeth by Statute Certaine cases of inconueniences vpon Q. Elizabethes supreme spirituall authority Lutherus lib. de abroganda missa Et â cap. Baâil The first argument of Caudery The reply against Caudery Reportes foâ 5. Three shiftes reâuâed Reporteâ fol. 6. * 12. Isaâ â 22. 10. Edvv. 4. c. 3 Shifte M. Attorneys Argument à fortiore of no force An example against M. Attorney The secoÌd argument of Cauderyes case Strange resolutioÌ Reportes fol. 7. * 11. Hen. 7. 9. 14. Hen. 6. 14. c. An example vvith the application therof Caudery shifted of âightly The third argument of Caudery hovv it vvas ansvvered Reportes fol. 7. Marke this kinde of reasoning The last ansvvere of the ââdgâe âvherin ãâã case ãâã Caudery âsâuded ââpârtes â â Anno. 1. Eâizabeth â The absurdity strânge ââaâlây of this resoâuâion Reportes fol. 1. VVhy so great circuit of vvordes is vsed in the Statute of Supremacy See Marâmus ãâã epist. ad ââector Brand and Caluin in c. â Amos. epist. ad Mycâs and Viretus dâalog 3. de aâââs damonibus c. A nevv deuise to giue the headship to Q. Elisabeth vvithout the title of Head Statut. 26. Henr. 8 c. 1. anno Christi 1535. Statut. 1. Edvvaâd 6 an Dominâ 15â7 The absurdities of the Statute decrees about soueraigne spirituall authority See Gâlby in his Dialogue The maâ Cartvvright â others ãâã state ãâã the âââstion Proofes de Iure and de Facto ââportes fol. 9. Freedome of speach in the Fathers to Emperours * Sup. c. â Nazian orat ad âues timore porculsâs Anno 387. Theodoret. lib. 8. hist. Paulâ in vâta S. Ambrosij Ruffin lib. 2. Inst. c. 18. Zozomen lib. 7. c. 24. Ambros. epist 33. ad Sororem Chrisost. homil 4. de verb. Isa. Vidi DominuÌ c. âodyes to ââe Kinge ââules to ââe priest Hebr. 7. Athanâs epist ad so âââriam vitaÌâgeâtes The vvords of holy Bishops to Constantius Athanas. â ââd The resolute speech of Osius to the same ConstaÌtius Matt. 22. Luc. 20. S. Athanasius his seuere reprehension of the Emperour Constantius To the second argument of M. Attorney Reportes fâl 8. M. Attornes ãâ¦ã âoâââe Of Clergy and Lay men * See of the distinction of these names the Canons âf the Apostles can 12. 13. 15 c. Teââul ãâã de Mona Cont Nicen âaâ 1. 2. 3. 5. 17. 1â 19 c. Hist Trâ ãâã lâb 7. cap. 12. The diffeence of Courtes vvhat it proueth Reportes sol 9. A ââiâe of M. Attorâys poââ oft He that giueth povver to another to doe a thing must first haue it iâ himselfe A ââvv demââ to make Ecclesiasticall lavves to be the Kings lavves Reportes Admitting of other Princeâ lavves shevveth rather subiection then superiority in the admitter The ansvver to M. Attorneys instance Hovv the Canon-lavves vvere receaued in England The conclusion of the first part of this chapter See the Protestant Booke of Dangerous positions against the Puritanes anno 1591 lib. â c. 1. Of vvomens gouerment Canon-lavve Cap. de moniaââus desent excom cap. Noua de paenis remiss cap. Muliârem âausa 33. q. 5. vbe multa PatruÌ sent PeferuÌtur Silis ãâã Sunesta in verbe Abatissa D. Thâ in 4. dist 25. q. 2. Calu in Anâid aâ can 10. Concil Trid. sess 7. l. 4. inst cap. 3. 15. Iuth lib de Capt. Rabil cap. de Ordine in articulu à Leone 10. daânaââ art 1â lib. contra stuliam ââonâ 10. * Vbe supra Innocent 3. cap. noua de panet reââision Of the Ciuill lavv Lib. 2. ff de regulââ Iuris The lavv of nature 2. Gen. â9 1. Tim. 2â 1. Cor. 1â A vvomaÌ cannot be the head of man in spirituall matters Absurdities ensuing the supremacy Ecclesiasticall of a vvoman Heb. 3. Gal. 3. Act. 3. The singularitie of Q. Elizabeths case Of the lavv Euangelicall That all miraculous actions of God in the old testament are to be ascribed properly to Christ. Ioh. 4. Iud. 1. 1. Cor. 11. 1. Tim. 2. Gen. 2. Gen. 3. Gen. 3. Hovv vvâman must be subiect to man in all respects 1. Cor. 14. 1. Cor. 11. Hovv eagerly S. Paul did stand against vvâmens superioritie in the Church 1. Tim. 2. Iâaâ 20. Math.
16. Ioan. 21 ãâã 20. 1. Cor. 12. Vâââersall ãâ¦ã âgainst M Attorâââ ãâã dist ãâã Yno ãâã Sâââole Dâââors ãâã ãâã in ãâ¦ã ãâã Doctors Fathers and expositors Chrysââ 5. ser. Quid regulares famina viris non ââhabitant A notable discourse of S. Chrys. l. â de sacordoâiâ sub initiuââ Ioan. 21. ãâã coÌâââdable ãâã good ââstor A vvomeÌ ãâã exâââled ãâã ââurch-gââernâânt Hovv much S. Chrysost. authoritie ought to be esteemed in this point The municipall lavvey of England * Infra â 6. demonstrat 10. in cap. 7. Manifest reasons A vvoman can not be Priest Aââârdiâââf coÌseââ ãâã A ââeat ãâ¦ã Consent of Protestant vvriters Caluin in cap. 6. Amos epist. 54. ad myconâââ Beza in ââfesârâne cap. 5. de prâsb fol. 32. 43. Viretus Dialog 3. ãâ¦ã ad ãâ¦ã burg ãâ¦ã and ãâã of ãâ¦ã The repetition and coÌclusion of all A point vvorthy of laughter K. Henry â Edâââd 6. âââtvvin ãâ¦ã cap 1. A point âârthy of ãâã The oath of supremacy exacted of Q. Elizabeth The finall consideration vpon all * Monsieur Laâsaâ Embassador of the K. of FraÌce and others vvherof see more Infra cap. 15. Reportes fol. 1. Of English Kings before the Conquest Reportes fol. 9. The Charter of K. Kenulphus anno 755. Stamford lib. 3. c. 39. fol. 1012. This charter vvas pleaded 1. Hânr 7. 23. 25. ãâã The first pointe of M. Attorneys collection refuted Bed lib. 4. hist. Angl. cap. 5. Thâ secoÌd poânt ansvvâââd ãâã the ãâ¦ã then ãâã ãâã third ãâ¦ã Of diuers sortes of exemptioÌâ granted to pious vvorks by Popes Ossa K. of Mercians Paris iâ hist. Angl. anno 794. ãâã Gulââl ãâã l. de ãâã talibus ãâã ast S. ââustin ãâã Char. ãâã K. âââelbert â605 ââainst ââââders ãâã Abbey ãâã or ãâã Harpeâselâ hist. Angl. saculo 10. c. 9. ex Mariano Scoto K. Kenulfus gaue his Charter to Abindon by authority of the Pope The instance of K. Edvvard the confessors charter examined Alredus ãâã in ãâã S. Edoâââds âââg Edâârd the âââââssors ââââection ãâã the ââpe ãâã 1033. ãâã S. âââvards ãâã 19. cap. 2. Rom. 13. Rog. Houed part 1. ant al. in vit Hen. 2. Ioan. Fox in Act. Monument The ãâã of ãâ¦ã King Edvvards gouernment ãâ¦ã Chââch vvaâ by ãâ¦ã Seâ Baron ãâ¦ã 97. The K. of Spaine his Ecclesiastiââll Iuââââââtion ãâ¦ã Hovv little M. Attorney proueth Ten demonstrations beâoââ the conquest 1 Of the lavves made by auncient Kings before the conquest Malmes l. â de gestis Regum Anglorum c. 2. in Iââ Differences of lavves and lavv-makers before the conquest Fox Acts and Mon. pag. 149. See the Conquerours Ecclesiasticall lavves cap. sequentâ What the ãâã heâ ãâ¦ã Fox vbi supra * Cap. 5. Roger Hodon par 1. Annal. in vita Henr. 2 Magna carta cap. 1. Confirmation of Churches libertyes in England Articuli Cleri an 9. Edvvard â 2 ãâã the ãâã Ecclesââââca ãâ¦ã counâââââine ãâã from ãâã but ãâã Pâeâââ See Bede lib. 1. histor Angl. c. 2â Of Recourse made to Rome presently after our English Church vvas founded Ibidem The ansvvere of Pope Gregory coÌcerninge French Bishops Beda lib. 1. hist. cap. 27. Gregoâ in Regist. lib. 12. c. 15. ãâã Gregoââââ comâiâsion to Auguââine Bede lib. 2. hist. Anglicana cap. 5. The conuersion of other Kingdomes after that of Kent Anno 600. Anno 604. Anno 709. Anno 606. Anno 635. Anno 662. âup cap. 2. â 4. âcclesiaâticall ââvves all ââne though in âââserent âingdoâes M. Attorney his euasion ansvvered 3 That all Ecclesiasticall vveighty matters vvere referred by our Kings people to Rome â Auguââine appointed his succesâors by orââr auâhoritie to Rome Anno Doââni 604. ãâã lib. 1. ãâ¦ã p 4. Anno 610. ãâã de 2. hist. â Ethelâârt and Sebert âovv they âepended ââ Rome K. Eadbald an Apostata reclaymed Beda lib. 2. hist. cap. 8. Authoâity giuen by the Pope to make Bishops in England Malmesb. in fasâis anno Christi 621. K. Edvvyn demaunded Bishops froÌ Rome Beda lib. 2. â cap. 17. Pope Honorius his âriuiledges graunâed to K. Edvvyn Anno Domini 665. Bede lib. 3. hist. cap. 29. Bede ibid. anno Domini 665. The Pope sendeth reliques to the King and Qeeene promiseth an Archbishop Bede lib. 4. histor Anglicanâ c. 1. Abbott Adrian Theodorus sent for Archbishop of Canterbury Anno 669. âeda lib. 4. ââst cap. 2. A happy âate of âhe English Church Malmesb. lib. 2. de Regibâs Anglorum c. 8. K. Edgar sent for authority to Rome to reforme the Clergie M. Attorney challenged K. Ethelbald See Stovve anno 71â Malmesb. lib. 1. de gestâs Regum Anglorum lib. 1. de gostir Pontificââ The atââmpte of ââng Offa againsts the âârisdictioÌ of Canterbury See diuers âauses of Alâuins âpistle to âthelard â Malmesb lib. 1. de gostis âââtificuâ The epistle of K. Kenulphus to Pope Leo. The humble petitioÌ of King Kenulphus Key of knovvledge The determination of Pope Leo 3. for Archbish Athelarde Kings and Princes subiects to the Archb of Canterbury in spirituall matters Missions made by authority of the ââpe ââârent in âârân in ângl Dispenââtions of âost imâortance ââocured ãâã Rome Malmesb. lib. â de vltis Pontifiâum in Sââthuââ Malmesb. ibidem Stovv in anno â39 Malmesb. lib. 2. dâgestis Regum Anglorum cap. 2. Alredus Riâuall in vita D. Edvvardâ Polidorus alij ââ Iohanââ Tvvo exâmples afâer the âonquest ââanderus lib. 1. de ãâã 4 ãâ¦ã âriuiledâes ãâã of Churches Monasteryes Hospitalls c. by the âope Abbott Biscopus sent to Rome for priuiledges Bedâ lib. 4. hist. Angl. cap. 10. Bede tâm 3. in vita S. Bertolphâ The priuiledges of S. Bertolphus his Monastery Ceadwalla Inas Malmesb. 1. de gâstis ââgum Anglorum câp 2. Malmesb. ãâã Adelââus his booke of virginity Malmesb. ââ 2. histoââ nouella Florentius in chronico anno 70â Priuiledges of the Abbey of Euesham The priuiledges of S. Albanes founded by King Offa. Math. Vestmonasteriensis in historia anno 794. âat Paris vita Henââââterââs ââno 1256. Malmesb. ãâã 2. de ãâã Regum anglorum ââp 1. Priuiledges graÌted to Glastenbury at the petition of K. Edgar Malmes iâ vita Edgarâ Ingulphus in historia de Crâyland King Edgar charter confirmed the Popes charter The priuiledges of VVestminster procured by K. Edvvard Alredus Rieuell in vita S. Edwards Anno Domini 1054. Ibidem Mutuall letters betvvene Pope Nicolas and King Edvvard Priuiledges of VVestminster vvith a terrible curse to the breakers 5 Appeales and complaints to the Sea of Rome about controuersies that fell out Appeales more frequeÌt since the Conquest Appeales before the Conquest Bede lib. 4. historia cap. 11. 13. S. VVilfrides Appeales to Rome anno 679. Beda lib. 5. histor Ang. cap. 10. Beda ibid. The second Appeale of S. VVilfride to Rome Bede ibid. Malmesbur lib. 3. de gestis Pontif. Anglorum in Vvilfridâ Malmesb. ãâã The epiââle of S. ââeodorus ãâã fauour VVâlââid S. ãâã vvhoâe he had âmpuâned S. VVilfrid restored
to his Bishoprick of York the secoÌd tyme. Malmesb. ibidem fol. 152. The Decision and coÌmaundement of Pope Iohn The humilitie obedience of our Kings in those ancient dayes S. Elflede Supra ââmân 3. Many examples of Appeales Malmesb. lib. 3. de gestis Pontif. anno 745. Malmesbu de rebus gesâis Regum Anglor lib. 2. Pope Formosus did excoÌmunicate K. Edvvard the first and hovv the matter vvas amended * This he speaketh in respecâ of the coÌuersation vvith Danes that vvere Infidells Malmesb. lib. 1. de gestis Pontificum Anglorum Decrees and ordinances of Pope Formosus for the church of EnglaÌd The vigilancy of ancient Popes ouer England Beda lib. 4. ââst Angl. cap. 8. 20. 23. A consideration of moment 6 VVhat Kings Archbishops Bishops liued togeather and vvhat lavves they vvere like to make The concurrence of Kings and Bishops in Kent and London for the first age of English Christianity 1 A necessary inference 7 The concourse vvith other Kings Princes and Catholicke people abroade The vniuersall authority of the Sea of Rome during the time of our Christian kings before the Conquest Marke the consequence 8 The maâing tributary to the Sea of Rome the Kingdome ââ EnglaÌd The beginning of Peter-pence Polidor Virgil lib. 5. de hist. Angl. Stovv in Inas ãâã 705. K. Inas his lavves in fauour of the Pope Kings Offa his coÌfirmation of the tribute of PeterpeÌce anno Dom. 77â The greatnes of K. Offa. The confirmation of Peter pence by King Adelnulfe anno Dom. 947. Polidor ãâã 5. historia A speciall note Ingulfuriâ histor Monasteriâ de Crâyland fol. 50â The great care King Caâulus the Dane had that Peter pence or other Ecclesiasticall dutyes should be paied an 1032. Auncient lavves against M. Attorney Alredus in vita S. Eduardâ S. Edvvards confirmation of Peter pence and other duties an 1062. Rââârius Houiden par 2. Annal in vita Henries 2. Peter pence confirmed by the CoÌqueror anno 1070. Peter pence continued after the Conquest vntil K. Henry the eight Anno Domini 1532. 9 The going of diuerse Kings and Princes to Rome for deuotion to that Sea * Supra Demon. 3. Acts and MonumeÌts pag. 121 Beda lib. 4 histo Augiscana cap. 29. The admirable âoing of ãâã kings to Rome S. Egvvyn Bishop of VVorcester Supra Dâmon 4. Platina ââ Constantino PP Floren. in Chron. anno 723. Malmesh lib. 1. de gestis Regum Anglorum Beda lib. 5. hist. Angl. cap. 7. K. Inas his going to Rome The history of Ceadwalla his going to Rome dying there Beda ibid. The seruour of English men tovvardes Rome in these dayes An euideÌt deduction out of the premissââ 10 The assertion and asseueration of diuerse Kings for preheminence of spirituall povver Apud Harpesfâldââ in histor Angl. Sacul 9. cap. 5. ex Asserte Menem Florentino Marianus in anno 9â5 Apud Alridum Retuallo sârâ de Regibus Angliâ An excelleÌt speach of K. Edgar to his Bishops coÌcerning reformation of the Clergie Tvvo svvordes of S. Peter and Constantine acknovvledged by K. Edgar Rogeriââ Houeden part 2. Annal in vita Henries secundi VVilliam Conquerors iudgement of this matter Q. Eleanor anno 1194. Blesensis epist. 146. Tertull lib. de pudicitiâ cap. 17. Cyprian de Vnâala Ecclesia The Conqueror began his raigne 1066. and raigned 21. yeares vnto the yere 1087. K. VVilliam boisterous but truly Catholik Florent 10â6 Sâovv an 20â7 in vita Guliel Conquestoris Boisterous actions of K. VVilliam Ex Registro apud Bar. in Annal. anno 1084. Ex epist. Lanfran apud Baroâ An. 1070. The pitifull state of EnglaÌd for manners vnder the Conqueror The desire of Lanârank to ââe âid of âhis charge Lanfrankes feare of the Conquerors ââough âature ãâã an 1087. âhe Conââerours ââniâent ââeach at ââs death Satisfaction Stovv ibid. Greg. septimus lib. 7. epist. 1. A sharpe reprehension of Pope Gregory the 7. to the Conqueror Ibidem epist. 2â The arguments of K. VVilliaÌ against Harold Matth. VVestmoâast anno 1065. Malmesb. lib. 3. in vita Guhelme Conquest Stovv in the life of Harold K. VVilliam offered to staÌd to the Popes iudgement for his Crovvne Lanâbâât in Chron. anno 1076. Deposing of Stigand and other Bishops by authority of the Pope Malmesb. in vita Guliel 1. In epist. Lanfranci apud Baronium in an 1070. Lanfranke proposeth his doubts to the Pope The palls of EnglaÌd accustomed to be taken at Rome Sea Baron in annal Tâm 11. an 1070. Malmesb. l. 3. hist. in viâ Guiâl Baron ââ 1071. Stovv ãâã 1071. A Councell gathered by the Popes coÌmaundement Stovv an 1083. Charters froÌ Rome confirmed by the King Stovv in anno 1087. âxfra mentis de vita Guâeââi The Conquerors accusation of his brother for nââting the Church Stovv Ibidâm Râg Houeden annal paââ 2. in viâ henâ 3. fol. 342. VVhat the peace of the church is Tvvo svvordes the one subordinate to the other The priuiledge of Ecclesiastical men in teÌporal Courtes Tenantâ of the Church priuiledged Diuerâ other lavves SaÌctuary Breakers of Priuiledges Tythes PeterpeÌce The Conquerors humility tovvards his Archbishop Nuâeâg Reâuâ Anght l. 1. c. 1 Stovv in vit Guliel in sine The Conquerours last speech of his deuotioÌ tovvards the Church 7. â 9. ââ Quaââââpedes 19. M. Attorneyes Instance of no force Povver vvaies by vvhich a lay man may Confer benefices Appropriation of Benefices Sup. cap. 6. Demon. 4. Collations of benefices Cap. Intet cap. Licet extrau de traÌslat epise extrau de electione cap. Cum in cunctis * Extrau de elect cap. postquam cap. Intet Canonicos cap. Scriptum est Ex capite qualiter extrau de elect Election confirmetion and consecration of a Bishop by vvhomel Extrau de postula one prelatorum cap. pennl Cap. vlt. extrau de Iure patronatus Glossa distânââ 63. cap. quaÌto extrau de postul prelatorum cap. Bonae memoriae Inuestitures desired by Princes but denyed by Popes Bald. l. rescrip in penul col in versiâ Et ideo rex Angl. âod de preci bus Imper. aufereÌdis 32. deâân cap. prater ãâã paragraph vetum dâstinct 96. cap Bene quidem 1. Ioan. 2. K. VVilliam Rufus began his raigne an 1087. and raigned 13. yeare to an 1100. K. VVilliam Rufus a good King for a time Florentius vvigorn an 1093. in annal Anglis Stovv an 5. Guliel Rufi CoÌmendation of S. Anselme Malmesb. l. 4. de Guliel 2. Florentius an 1095. Malmesb l. 1. de gâstis Pontif. Edmerus in vita Anselmâ S. Anselm his pall brought him from Rome by the Popes Legat. S. Anselm his plaine dealing with K. Rufus VValsing iâ Ypodig Neusâria an 1â97 The pitifull death of K. Rufus K. Henry the first began his raigne an 1100 and raigned 25 years vnto 1135. Florent in Chron. an 1100. The good beginning of K. Henry the first In vita Henriââ primi Pope Pascalis his letter to K. Henry the first Malmesb. li. 5. annal in vit
Hen. 1. Florent ãâ¦ã an 1106. S. Anselm and the King reconciled Prosperous successe of K. Henry vpon his amendement Floâent VVâââ in Chron. an 1107. Malmeâb in âit Hen. 1. l. 3. Hovv K. Henry of coÌscience resigned inuestitures Houeden part 1. aânal fol. 272. The meeting of K. Henry and Pope Castus at Gesòrse in NormaÌdy Mal. lib. 5. annal in vita Henr. 1. Polid. virgil l. de inuentoâib RetuÌ Gratian distiââ 65. cap. 22. Adrian Sigebert in Cron anno 1111. Baron in annal an 774. The beginning of inuestitures by secular Princes The vse of Inuestitures graunted only by the Seâ Apostolicke Malmesb. l. 5. hist. in vit âen â fol. 94. A consideration of much moment Florent in ââon ãâã â11 1213. Diuers proofes of K Henry acknovvledging the Popes Supremacy The Charter of Hen. I founder of the Abbey of Reading in the 26. yeare of his raigne and an Dom. 1125. VVeake and impertinent proofe Founders had authority to giue Charters Supra cap. â This inââânce of âo valevv Supra Ibid. K. Stephen began his raigne an ââ35 and held it 1â yeres and more vntill ââ54 Vncertainty of humane designementâ Malmesb. in Stephene Malmesb. l. 1. Hist. Nouell Malmesb. Ibid. The oath of K. Stephen for the libertyes of the Church Malmesb. Ibid lib. 1. Nouell Inconstancy of King Stephen by euill couÌsailors A violent act of K. Stephen Malmesb. Ibidem The K. cited to appeare before the Bishopps The kings plea by his Attourney before the Bishops K. Stephen graÌted an appeale to Rome but doubteth the same DiffereÌce betvvixt K. Stephens Attourney and ours Ibidem Florent an 11â9 VValsingh in âpodâg Neustriae an 1142. VVilliam Archb. of York the Kings nephevv depriued by the Sea Apostolick Nuberg l. 1. hist. caep 1â 26. Polâd l. 12. hist. versus finenâ Beââard epist ââ4 235 237 238. 139. 251. This King raigned from the yeare 1154. vnto 1189. vvhich vvas 35. years K. Henry his temporall greatnes Nubergens l. 3. c. 25. The same handleth much more largely Petrus Blesââsis ArchdeacoÌ of Bath that vvas his latin Secretary many years epist. 47. K Henry punished in that vvherin he tooke most delight Rhetemag Lexomen epist and Henr. 2 epâât 253. apud Bleâââs âct Bleseâ episââla 164. ExcoÌmunication threatned to the Queene Stovv in vââ Henr. 2. Nuberg l. 3. 6. 25. K. Henry his lameÌtable end His vertues Lavves attempted by King Henry against the Church K. Henry vehement contentioÌ to haue these lavves take place ãâã port 2. Aânal in ââ 1164. K. Henry the secoÌd made Legate of the Pope K. Henry his humility to the ãâã Apostolick K. Henry himselfe appealeth to the Pope Houed part 2. annal in vââ H. 2. K. Henry appealeth the secoÌd time K Henry commeth from Ireland to appeare before the Popes Legates Pet. Bloson Epist. 136. The purgation absolutioÌ of King Henry A circumstance notably coÌmending the true obedience of K. Henry to the Church of Rome Pet. ââesen âpistola 136. A letter of K Henry the secoÌd to the Pope vvritten in great affliction Stovv aâ 1160. K. Henry founded al his state vpon the Popes authority Houed in viâ Hon. 2. VValsing in Ypodâgââ noustr an 1177. Diâerse things done by authoritye of the Pope in England The straites vvhervnto King Henry vvas driuen VVasing in Ypodig ãâã an 11â4 K. Henry strangely deliuered The earnest and â syncere penaunceâ of King Henry The vvonderfull successes of K. Hen. vpon his penance See Nuberg l. 2. hist. â 25. 33. â Blesensiâ epist. 153. This King raigned from the yere 11â9 vntil 1199. that is 10. yeres Misfortunes of K. Richard King Richard deuout and obedient to the Church of Rome See Blesen epist. 64. ad Celest. PP Reg. Hoâed part 2. Annal. in vit Rich. 2. King Richards behauiour oath at his coronation King Richard goeth to Ierusalem by the Popes procurement The Kingdom commended to the Popes protectioÌ See Houed and math Paris anno 1190. Houed iâ vit Rich. 1. fol. 375. Diuers Appellations from the King to the Pope Houed Ibid. fol. 376. King Richard sent his mother to Rome to entreate the Pope Houed part 2. An. pag. 392. Houeden Ibid. fol. 326. King Richardes letter to P. Clement the 3. Pope Celestines letter to the Realme of England The Bishop of Ely fauored defended by the Pope and the King Nubergens reiuÌ Angl. l. 4. cap. 17. Geffrey the kinges brother by authority of the P. made Archbishop of Yorke Nubergens Ibidem cap. 25. King Richards fortunes letted by his brothers ambition enuy of the K of France King Richards captiuity in Austria See Pet. Blesen epest 144. ad Celest. PP Q Eleanores coÌplaints vnto Pope Celestinus âles epist. 145. Q. Eleanora her petition to Pope Celestinus Ibid. epist. 146. Matt. 16. Epist. 6â ad Celest. âP The speach of the Archbishop of Reane in K. Richards behalfe coÌcerning S. Peters povver Sap. ââp 6. ãâã 10. A manifest inference vpoÌ the premises against M Attorney Houâd in vt Râââ 1. fol. 445. Hovv small and little spirituall iurisdiction King Richard pretended Paris iâ vit Rich. 8. Hunting and hauking reproued by the Pope in our English Bishops ââuâd in vita Ruâar 1. fol. 428. Ibid. fol. 176. Geffrey restored to his Bishopricke by Pope Innocentius Disgust appeale of the Archb. of Roane against K. Richard This King began his raigne an 1199. and raigned 18. yeres vnto an 1216. Variablenes of K. Iohn The pretences of the Dolphin of France to England K. Iohns obeyng the Sea Apostolick Houed 2. part Annal. fol. 458. K. Iohn pretended no supremacy Ecclesiasticall A councel hâld against the kings prohibition Houed in viâ Ioan. fol. 461. The piety of K. Iohn in the beginning of his raigne K. Iohne humility and liberalitye K. Ioâns mutation to the vvorse See vvalsing in âpedig anno 1204. and Math. Paris anno 2215. The first occasioÌ of K. Iohns breach vvith the Church churchmen Great offence and indignation of K. Iohn against Clergie men Houed Ibid. Many vvish that Pope Innocentius had dealt more myldly vvith K. Iohn Extreme acts of K. Iohn in his indignation Paris in vit Ioan. an 1210. Paris Ibid. an 1212. Math Paris Ibid Paris anno 1213. in vit Ioan. King Iohn offered subiection to the K. of the Moores The straÌge coÌtrariety of King Iohn The aydea that King Iohn receaued from P. Innocentius The church-liberties confirmed by K. Iohn and the Pope Paris an aâ 15. See Fox his pageants of the toade skinned to prepare the poisoÌ vvith other circuÌstances pag. 133. of his Acts and monuments All ancieÌt English lavves against M. Attorney K. Henry the third began his raigne 1216 and dyed anno 1â7â hauing 56. yeres The coronation beginning of King Henry the third Math. Paris in vit Hen. 3. an 1216. Temporal homage done to the Sea Apostolick by King Henry the third Bles epist. 136. ad Alex. PP Vvalsingâm in ãâã Nousâria
anno 1245. Ibidem K. Henry obtaineth of the P. to be accompted of ful age Paris in ãâã Hen. 3. an 122â The beginning of the great Charter for church priuiledges VValsingh in viâa Edvvards primââ initiâ Eâypodig Nâu ãâã an 1274. The deuout behauiour of K. Henry 3. ConfereÌce betvvene K. Henry aud S. Levves K. of France Paris anno 12â4 in vst Hen. 3. The vtilities by our English Kinges deuotion to Rome Paris Ibid. The Ciuil vvarrs of England vnder K. Henry the third The points vvherin the soueraignty of the Sea of Rome vvas seene The manner of Ecclesiastical elections vnder K. Henry 3. The manner of placing a Bishop of Durham Paris in vit Henr. 3. an 1226. 1228. An other example of the prouision of the Church of Canterbury Ibidem Richard of Canterbury appealeth to Rome against K. Henry 3. Paris an 1231. in vit Henr. 3. Tvvo elected Archbishops of Canterbury refused by the Pope Paris anno 1232. Hovv obedient K. Henry vvas to the Sea of Rome CoÌplaints of English-men against straÌgersâ in England Math. Paris anno 1244. The louing and obedient letter of K. Henry vnto Pope Innocentius CoÌplaints made to the Councell and Pope himselfe of abuses Paris anno 1245. The popes seuerall orders for prouiding for Englishmen Generall consent of vvââting to the Sea of Rome for remedye of agrieuaÌces Math. Paris Anno. 1146. The beginning originall cause of al restraints Mag. Câart cap. 1. The statutes of K. Henry all in fauour of the Clergye 2. H. 3. tit ProhibitioÌ 13. 4. H. 3. Ibidem 15. 15. H. 3. tit ProhibitioÌ 22. Regist. fol. The explication of the lavv Stat. an 9. ãâã 6. cap. 11. Spirituall coââtes superior to the teÌporall Hovv spirituall Courtes are the Kings courtes M. Attorneys inference hovv it holdeth and holdeth not Diuers examples ouerthrovving M. Attorneys commentarye Paris anno 1â32 The King obeyed the Bishop of London in restoring Earle Hubert Paris Ibid. K Henry obeyed the B. of London in spirituall matters The Bishops refuse to excommunicate at the Kings appointment Paris anno 1234. S. EdmoÌd Archb. of Canterbury threatneth excoÌmunication to the King if he obey him not Paris anno 1215. pag. 656. K. Henry obeyed the Deane of Paules in spirituall authority The Statute of Merton an 20. Hen. 3. This instance proueth nothing See the Code l. 5. tit 27. log 1. Constant lib. 5. Imper. Ze 1. lib. 10. Imper. Iustin. Nouell constit 89. de natural liberis §. Siquis igitur c. Lib. 4. Decret tit 17. cap. 6. * Cap. CoÌquestus est * Cap. 13. Per venerabilem Ilidom Cap. 7. Causam quae M. Attorney mistaketh and mis-relateth the matter This King began his raigne an 1272. and raigned 35. yeares vntill 1307. Stovv in vita Edouards prâââ King Edvvard surnamed Long-shanke Deuotion of K. Edvvard Magna Charta VValsingam in vitae Edvvards p. anno 1191. King Edvvard praied and gaue almes for his Queenes soule Crosses erected VVorkes of piety of King âdvvard VVestmon in heâ or maiori in vita Edou primi Vestmonasteriensis anne 1197. A pious patheticall speach of King Edvvard King Edvvardes occasions of dealing in VVales and Scotland VValsingam anno 1292. in vita Edouards King Edvvardes mutabilitie in keeping priuiledges Math. Vestmonast VValsingam anno 1307. Math. Vestmon an 1278. Violent proceeding of K. Edvvard A sleight of K. Edvvard against the Clergie In anno 1294. A Knight sent to force the Monkes of VVestminster to yelde by feare to the Kings vvill In meere spirituall things the King neuer made difficulty to obey the Sea of Rome VValsingam eodem anno Diuers Bishopricks disposed of by Popes vnder K. Edvvard the first King Edvvardes deuotion tovvards the first Pope in Auinion King Edvvard accused the Archb. of Canterbury vnto the Pope VVestmonast eodem anno The great respect borne to the Sea of Rome by King Edvvarde An Embassadge sent by K. Edvvard to excuse himselfe to the Pope Thomas VValsingam in an 1308. The manner of vvriting of K Edvvard and his nobility to P. Bonifacius Math Vestmonaster Thom. Valsing in an 1301. 1302. King Edvvards lavves in preiudice of the Clergy of England Vide 3 Edo 5. ââ Ass pl. 19. Brooke tit premunire pl. 10. Note this vvas vva ây the common-lavv of England before any statute made CoÌmon-lavv must haue some birth or beginning VVestmonasteriensis an 1197. A cleere ouerthrovv of M. Attorneys assertion In vvhat sense the publishing of a Bul might be punished in K. Edvvards dayes Reportis fol. 15. 31. ãâã â tit ââcom 6. â instance 15. Edouar tit Quare non admisit 7. Vide 39. Edou 3. 20. Note 1. ansvvere CoÌmon-lavves imagined but not extant Anno â Edouards terââi stat 2. cap. 2. Seasing of Bishops landes Anno. 14. Edo 3. stat 3. pro Clero Hovv Bishops might be punished for not admitting the Kings iust presentatioÌ Supra cap. praeced The Archbishop of Canterbury depriued of his spiritual iurisdiction by Q Elizabeth anno 1580. The statuâe of ãâ¦ã an ãâ¦ã vnderstoode in vvhat senâ should âe receiued allouâed hâere Lib. 1. Decretalium Gregorie tit 21. The Decree against Bigamy In 6 Decre alium âââ tit de Bigamis The true state of the case and doubt risen in England A poore commentary and shifte of M. Attorney Hovv M. Attorney straineth the âext to helpe himself 4 instance Statutum de anno 25. Edouâ 1. Carlile vide 20. Edouar 3. tit Essom 24. Nota. The first atteÌpte vvas to vsurpe vpon such Ecclesiasticall things as appertayned to the Clergy of England vvho at that tyme stood in great avve of the church of Rome The ansvvere to the fourth Instance of M Attorney IncoÌueniences by promoting strangers in England Diuers agreemeÌts for prouision of Benefices VVest monast anno 1307. Remedy sought from the Pope himselfe VValsing Ibidem See statute anno 25. Edouards 3. The statute of Carleile maketh nothing for M. Attourney This King began his raigne an 1307. and raigned 19. yeres to vvitt vntill 1326. Ancient English vvriters vvhen the end VValsing in ãâã 1307. Stovv in Edouardo p. âââine vita The ill successe of King Edvvardes marriage ân France The suppression of the Knights of the Temple VValsiâgam in storia Edâuârâ 2. anno 1311. 1â24 âoâdor Stovv Ibidem Recourse made to the Pope by EnglaÌd and Scotland in their greatest controuersies VValsing anno 1319. 1323. The â of Canterbury made by the Popes prouision The Bishop of Hereford taken froÌ the barre by Ecclesiasticall authority The statute of Edvv. 2. articuli âlââi cap. 36. Eos the ordinance of circumspecté agatis âdo 1. so this effect ây this statute of the â of Ed. 2. and 15. of Edvv. 3. cap. 6. 31. E. 3. cap. 11. and by other statutes heretofore mentioned the iurisdiction of the Ecclesiasticall courtes iâ allovved vvarranted by consent of Parlament in all cases vvherein they novv haue iurisdiction so as these lavves may be iustly called
controuersy The first proofe The secoÌd proofe Fox in his acts and Monuments The third proofe Foxie vita Edonar .4 âuhar 3. Honrisi 7. The fourth proofe Polidor in vita Hen. 7. The first instance .1 H. 7.20 The ansvvere Hovv the cause of Sanctuary might be handled by temporall Iudges The secoÌd Instance 9. E. 4 â vidâ Fuz Na. Br. fol. 44. H. agreeing heervvith Note The Ansvvere The third Instance 9 E. 4.28 The ansvvere VVâo must iudge vvhether a fellon deserue the benefit of Clergie The 4 Instance 12. E 4. fol. 16. The ansvvere Sâa 16. Rich. 2. cap. 5. Hovv the Popes excommunication had place or not place in England vnder K. Ed. the 4. 2. Rich. 3. foâ 22. VVhy Catholick Kings somtymes prohibited the entrance of the Popes Legates The fifth Instance 1. Henr. 7.10 Stâtut de 1. H. 7. c. 4. 10. H. 7. 18. 11. H. 7. 12 The Ansvvere To the first point To the secoÌd point The great authority of English Prelates To the thirde point Hovv a King is persona mixta Supraâ cap. 4. Supra cap. 2. To the fourth point Bastardy a lett to priesthoode * Dist. 56. cap. 1. c. 1. vlâ de filijs presby 6. Decret tit 11. cap. 1. Supra â 2. VVho can dispense vvith plurality of benefices K. Henry the 7 dyed and liued in the religion of all his ancestours The causes of alteratioÌ in the time of K. Henry the 8. Supra 6. 2. 3. K. Henry the 8. raigned from the yere 1509. to 1546. to vvit 3â yeares K. Henries booke against Luther anno Domini 1521. Henr. 8. in defens Sacram contr Mart. Luther Henr. ibid. K. Henryes argument of antiquity and consent of the Popes supremacy K. Henries argument of impossibility 1. Cor. 13. K. Henryes innectiue against the incoÌstancy of Luther An. 1527. Good offices of K. Henry coÌtinued to the Pope after the vvriting of his booke By vvhat degrees K. Henry fell to breach vvith the Sea of Rome The first breach with Rome Reports fol. 28. Stat. de 2â H. 8. All committed to the body of the English Clergy All committed to the Archb. of Canterbury K. Henry subiected himselfe to the Archb of Canterbury The gradation vsed by K. Henry is assuning the supremacy A confideration of importance Caluin coÌment in cap. 6. Amos K. Henry as supreme head condemned the ProtestaÌts religion for heresy See statut an 31. H. â cap. 14. VVith vvhat mature deliberation K. Henry as head of the church condemned the ProtestaÌts An. 1540. An. 1546. The headship of K. Henry fitteth not M. Attorney A doubte moued by M. Attorney and slânderly ansvvered Reportes fol. 32. This appeareth by the resolution of all the Iudges in 7. H. â lib. Keylvv âo 18. And this vvas longe before any âct of ãâã vvas made against forraâne Iurisdiction ââ K. Henry 8. Ecclesiasticall lavves made subiect to euery particular mans calumniation A great vntruth that Clerkes vvere not exempted from temporall Iudges VVestmon 1. cap. 2. an 3. Ed. â Tvvo instances against M. Attorney vnder K. Edvvard the first Statut. de bigamis cap. 5. an 4. Ed. 1. Articuli Cleri cap. 15. an 9. Ed. â 18. Ed. 3. pro Cler. cap. 2. 25. F. 3. pro Clero cap. 4. 5. 4. H. 4. cap 2. Harpâsâl ex Arâhâââ Cantuar. saeâul â5 cap. 9. in vita Thomae Arundellij Gaston chief Iustice refuted to sit in iudgement vpoÌ an Archbishop Paris an 1234. sub Henr. 3. Clerkes deliuered from secular Iudges in King Henry the third his time Idem An. 1239. VValsing in vita Edouardi tertij an 1344. King Edvvard the sixt raigned six yeares froÌ 1547. vnto 1553. See statut an 1. 2. Edouardi sexts Supra Cap. 3. Spirituall iurisdictioÌ could not be deriued from the child-child-king Galat. 4. An euâsioÌ refuted Different origens of teÌporall and spirituall anthority * See Supra cap. 2. 3. a Stat. 1. Ed. 6. cap. 1. b Stat. 2 3. Ed. 6 5. 6. cap. 1. c Stat. 1. Ed 6. cap. 11 12. d Stât 2. 3. Ed. 6. cap 23. e âtat 7. Ed 6. cap. 2. Queene Mary raigned six yeares from 1553. to 15ââ Queene Mary restored all to the ancient vse againe Thomas Cranmer the first hereticall Archb. of Canterbury Q. Elizab. raigned 45. yeres from 1558. vnto 1603. VVhat moued Q. Elizabeth to make a nevv change Pope Clement 7. Pauluâ â Crafty dealing to moue the Queene to accept of the supremacy Adulatory speeches for imbarking the Queene The speach of Lady Eliâââ vviââ ãâã of Q. Maries ãâã CouÌsellours * Syr â anââângleseâd The Duke of Ferââ his letter to bee seen in the K. of Spaineâ ãâ¦ã AââhiuiuÌ âââhetovânâ of Cimanâaâ Doct. Harding in his epistle to the Queene an 1565. An other protestation of Q. Elizabeth about the Reall presence Q. Elizab. confereÌce vvith MoÌsieur Lansack * To the old L. MoÌtâgue The Earle of Southampton and others Q. Elizab. ovvne inclination tovvards Catholick religion D. Harding vbi supra Q. Elizab. dravvne to great extremityes against her Catholicke people M. Attorneyes iniurious conclusioÌâ A false âharge of âhe Attorney See the booke of Dangerous Positions l. 2. c. 2. imprinted at London an 1191. Ibid. l. 3. a. 1. The first recusancy of Puritanes Hoâ many Catholicks vvere Recusants from the beginning See the booke intituled ReasoÌs of Refusall Consider vvell this reason Reportes âol 37. False and Iniurious calumniations fol. 3â Manifest slaunderous vntruthes fol. 39. The protestations M. Campian Shervvyn and others at theire deathes M. Attorneys Idaea Platânica of ancient CoÌmon-lavves A scruple âf conââieÌce vrââd vpon â Attorâey Vntrue informations of M. Attorney vnto his Maiesty August in Enchiridio c. 67. 68. 69. Lib. de fide operibus c. 14. 15. 16. Lib. 21. de Ciuit. Deâ c. 21. in psal 80. alibi Supra in Praefat. False causes deuised of Catholicks constancy Only conscience stayeth Catholicks from follovving M. Attorneys current Luc. 12. Rom. 2. Eusâb l. 1. c. 11. histo Eccles. The iudgment of Constantius touching such as dissembled in religion Some points of consideration * The booke of three coÌuersions An important deliberation Rom. 2. No substaÌtiall reason can be alleadged vvhy vve should rather be of one religion then of an other The definition of heretickes No grouÌd or stay in sects or nevv opinions * August contra Epistolam FuÌdom capâ 4. Cyrill Caâech 1â Hovve great and grieuous the sinne of heresye is â Thom. â2 q. 10. ââ 6. Tit. 4. In the beginning of both the Examens of Fox his Calendar D. Thom. 22. quast 5. art 3. A similitude to be vveighed and considered Athanas. in Symbolâ August lib. âââââesi uâ ãâã Quod. ãâã Deum â seuere âântence ãâã Augustine aâââlt the ãâã heresies that âay be The perils that arise by the insolency of some priuate men Men brought into despaire forget all reason and duty The exulââration ãâã M. Attorneys booke A proââise not âââformaâle 3. Reguâ 12. Isa. 13. The dauÌger and damage of dispersoâ The finall Conclusion of the vvhole
this fierce and warlike Prince did beare vnto this Prelate as also how singular authority and confidence the good Archbishop had with him 22. But as we haue said his true sense meaning will best be sene by owne his words behauiour at his death when finding himself in great affliction and perplexity of mynd with the ââror therof as before hath byn touched and of Gods iudgemenâ ensuing theron for that to vse his owne words he saw himself ââden with many and greiuous sinnes and greatly polluted with the effuââââ much bloud and ready to be taken by and by vnto the terrible examination ãâã God c. In this plight I say which Stow and others ãâã downe out of auncient authors his greatest comfortâ ãâ¦ã he had byn euer obedient to the Church whervnto by ãâ¦ã he assigned the most parte of his treasure adding this ãâã therof that those things that had byn heaped vp by wicked deeds might be disposed to holy vses of Saincts And then turning his speach to Ecclesiasticall men he said You remember how sweetly I haue euer loued you and how strongly against all emulations defended you The Church of God which is our mother I neuer violated but in euery place where reason required did willingly honour I haue not sold Ecclesiasticall dignityes and Symony I allwayes detested in the election of Pastors I euer searched out the merits of his life his learning and wisdome and so neer as I could committed the gouernment of the Church vnto the most worthy this may be seen in Lanfranke Archbishop of Canterbury and in Anselme Abbot of Becke and others c. This course haue I followed from my first years this I leaue vnto my heirs to be kept in all tymes In this doe you my Children euer follow me to the end that heerby you may please both God and man c. 23. And this was the last speach of the Conquerour to his children and others standing by at the day of his death which doth sufficiently declare what his sense iudgement was concerning this point of spirituall iurisdiction And to impugne and ouerthrow all this our aduersary the Attorney had need to bring many and strong batterings as you see Let vs passe then to examine what they are The first Instance taken out of the raigne of this K. VVilliam the Conquerour §. III. 24. One instance only doth M. Attorney find to be alleadged during the raigne of this Prince which we shall alleadge in his owne words as they ly in his booke and this shall we obserue commonly through all his instances Thus then he saith The Attorney It is agreed that no man only can make any appropriation of any Church hauing cure of soules being a thing Ecclesiasticall and to be made to some person Ecclesiasticall but he that hath Ecclesiasticall iurisdiction But William the first of himself without any other as king of England made appropriâtâââ of Churches vvith Cure to Ecclesiasticall persons vvherefore it followeth that he had Ecclesiasticall iurisdiction The Catholike Deuine 25. This is the only one argument or instance as hath bene said which M. Attorney hath found in all the life of K. VVilliam the first wherby to proue his principall Conclusion which is that K. VVilliam had as much Ecclesiasticall power and iurisdiction by the auncient common lawes of England as euer had Queene Elizabeth and she as much as euer anie Ecclesiasticall person had or might haue in EnglaÌd And yet you se that if al were grauÌted which heere is set downe it amounteth to no more but that K. VVilliam did bestow a benefice with Cure vpon an Ecclesiasticall person which he might doe either by nominating or presenting as patrone of the benefice or by some indult from the Pope or Bishop of the diocesse in that behalfe or vnder ratihabition as before in Charters hath been declared or finallie he might doe it De facto and not De Iure as oftentimes it falleth out in such actions of Princes And in all these senses though we graunt whatsoeuer M. Attorney saith setteth downe in this place it commeth so far short to proue supreame Ecclesiasticall iurisdiction in K. VVilliam as it proueth not anie spirituall iurisdiction at all for that all he saith may be grauuted in any lay-man whatsoeuer which wee shall endeauour to make cleere by explication and distinction of those things which heere are set downe confusedly by M. Attorney 26. First then this instance consisteth of a Syllogisme as you see the Maior wherof is related out of the collection of some law booke as may appeere by his quotation in the margent though I haue not the booke by me and we graunt the proposition to be true in his due sense to wit that no man can appropriate a Church or benefice with Cure to an Ecclesiasticall man but he that hath Ecclesiasticall iurisdiction And then we deny the Minor proposition which ââ of M. Attorneys owne addition to wit that K. VVilliam did so appropriate or bestow any benefice with Cure vpon an Ecclesiasticall person except it were in one of the fower manners before specified And M. Attorney ought to haue proued his said Minor if he had delt substantially 27. And moreouer I find that he faltereth somewhat also ãâã setting downe the very words of his Maior proposition though much more in the true sense as presently shall be declared For wheras he beginneth It is agreed that no man can make any appropriation c. the latin words of this Report cited by himself are Inter omnes conuenit quod nemo possit appropriare c. which haue this sense that it is a common receiued opinion to wit from the Canon-law that no man can appropriate or bestow a Church with Cure except he haue Ecclesiasticall iurisdiction But M. Attorney by shutting out the word inter omnes and translating the rest it is agreed would make his reader thinke that it was an agreement or resolution only of the temporall Iudges in this case in K. Edward the 3. his raigne and that they first founded this Maxime about Ecclesiasticall iurisdiction wheras they related it only as an auncient Maxime receaued in the Canon and Ciuill law in this sense which presently we shall declare 28. And wheras he translateth the word appropriare Ecclesiam Ecclesiasticae personae To make appropriation of any Church to an Ecclesiasticall person this may haue two senses be meant either of appropriations or collations of benefices wherin there is little difference in respect of our controuersie for that neither appropriation nor collation can be truly and properly made without spirituall iurisdiction either ordinary or delegate And as for appropriations which consisted coÌmonly in this that the gleab-lands and the better tithes were vnited to some religious houses or Parsons leauing the lesser tithes vnto their Vicars they could not be made nor graunted but by the licence of the Sea Apostolicke as neither in our
imò à quoâiâ alio de veritate contrarij si quis eam nouerit humiliter informati We being ready alwayes to be humbly informed of the truth of the contrary not only from your holy iudgement which gouerneth all but from any other that knoweth the same 9. So K. Edward to the Pope at that time concerning his great controuersie of France And albeit he was neuer wholy deuoid of the ielousies suspicions before mentioned that those French Popes did fauour more his enemies the Kings of France then himself and did assist them also oftentymes with graunts of great pecuniary succours vpon the Clergy as himself in some letters doth complaine yet did he neuer for this loose any inward respect reuereÌce or obedience to the said Sea Apostolicke No nor did the said Sea cease for many years after to vse her auncient custome of prouiding Bishopricks and Prelacies in England though commonly they were English-men only As for example the very next yeare after to wit 1344. and 18. of King Edwards raigne the said Pope Clement made Bishop of Norwich one VVilliam Bate-man that had byn Auditour of his Pallace and Courte in Auinion And in the yeare 1362. Pope Vrbanus the fifth made Bishop of Lincolne by his prouision one Iohn Buckingham and of Chichester one VVilliam Lynne and King Edward admitted the same without resistance And foure years after that againe the same Pope vpon the death of Simon Islep Archbishop of Canterbury gaue that Bishopricke by his prouision to Simon Langtham that was Bishop of Ely and translated Iohn Barnet Bishop of Bath from that Sea to Ely and one M. Iohn Harwell being commended greatly by Prince Edward of VVales to the said Pope was admitted by him to the said Bishoprick of Bath as also VVilliam VVickham bearer of the Kings priuy signet was preferred by the said Pope vnto the Bishopricke of VVinchester Domino Rege procurante saith Walsingham that is King Edward procuring and labouring for the same 10. And two yeares after this againe in the yeare 1368. we read that the foresaid Simon Langtham being made Cardinall by Pope Vrbanus and therevpon resigning his Archbishopricke of Canterbury the Pope by his prouision gaue the same to VVilliam VVriothesley Bishop of VVorcester and the foresaid Lynne Bishop of Chichester he translated vnto the Bishopricke of VVorcester and vnto the Church of Chichester he promoted one VVilliam Roade In all which wee read not that K. Edward made any difficulty And the very next yeare after this againe wee find registred that the same Pope prouided the Churches of Norwich Hereford and Exceâââ of Bishops by his owne prouision only it is said of the later of the three quod Thomas Brangthingham fauore literarum Domini Regis Edwardi ad Exoniensem Ecclesiam promotus est Thomas Brangthingham was promoted by the Pope to the Church of Excester through fauour of the letters of K. Edward 11. And finally this matter went on in this manner vntill towards the later end of K. Edwards raigne when he growing old and feeble as well in iudgement as in body and matters depending most vpon his sonne Iohn of Gaunt who was a disorderly man in those dayes and much cried out vpon by all the Common-wealth as may appeare by that he was afterward deposed by Parlament from al gouernment though it lasted not long shewed himself enemy to the State of the Clergy as soone after he well declared by the imprisoning of VVilliam VVickham Bishop of VVinchester assayling Courtney Bishop of London fauoring the famous hereticke Iohn VVickcliffe at his beginning publickly and other such signes and demonstrations at this time I say being the 47. of the raigne of K. Edward according to VValsingham or 49. according to Polidor though the booke of Statutes doth appoint in the 25. and 27. years of the said Kings raigne were the Statutes made or perhaps begun to be put in execution against recourse to Rome except in causes of appellation and against prouisions of benefices to be gotten or procured from thence not at home by the patrons thereof Rex Edwardus saith Polidor primus omnium de Consilij sententia indixit immanem illis paenam qui in posterum impetrarent vbiuis gentium Anglicana sacerdotia à Romano Pontifice aut causas nisi per appellat tonem ad eundem deferrent c. Lex prouisionis siue de Praemoneri vocitatur King Edward first of all other Kings by the sentence of his Counsell did decree most horrible punishment vnto those that for the time to come should in any parte of the world obtaine English benefices from the Pope of Rome or should carry any causes vnto him but only by appellation The law is called the law of Prouision or Praemunire 12. And the same Author addeth further that Pope Gregory the 11. hearing of this law tooke the matter greiuously and wrote to King Edward for the reuocation therof but there ensuing presently a great schisme in the Church of Rome which endured allmost 50. years vntill the tyme of Martin the 5. King Edward also not liuing many years after and the disordinate gouernment of his Nephew K. Richard the 2. with the tumultuation of the VVickcliffians succeeding nothing was done therin And yet doth it appeare by VValsingham that vpoÌ that very same yeare of 1374. which was the 48. of K. Edwards raigne there was a treaty begun in the moneth of August at Bruges in Flaunders between Embassadors sent both from the sorsaid Pope Gregory and King Edward to treat of these points and that the said treaty endured almost two yeares Et tandem saith he concordatum est inter eos quod Papa de catero reseruationibus beneficiorum minimè vteretur quod Rex beneficia per literas Quare impedit vlterius non conferret At length it was agreed between them that the Pope for the time to come should not vse reseruations of benefices to himself and that the King should no more bestow benefices by his writ of Quare impedit 13. Thus much writeth VValsingham and toucheth no other points which yet probably may be presumed to haue byn treated at that time namely that the Kings for the time to come should haue the nominations of Bishops and the Pope only the confirmation and inuestiture except in certaine cases as afterward we haue seen practised not only in England but in most Catholicke Kingdomes round about but this by concession and agreement of the Sea Apostolicke it self without any least intention in the said Princes to deny the supreme spirituall power authority of the said Sea much lesse to take it vpon themselues as M. Attorney would inferre that they did out of these peeces of Statutes which he alleadgeth for that purpose Whervnto now we shall answere breifly as they ly in this booke M. Attorneys obiections out of the Raigne of King Edvvard the third §. I. 14. For that these obiections are many
should bee able to get authoritie ouer so manie other Bishops his equals throughout so manie and different nations so far off from him and so little fearing his temporall power or that so manie People Citties Kingdomes Common-wealths Prouinces and Nations would bee so prodigall of their owne libertie as to subiect themselues to a forraine Priest as now so manie ages they haue done or to giue him such authoritie ouer theÌselues if he had no right therevnto at all 7. But what shall I stand to dispute with Luther in this matter Or what importeth it what he saieth or beleeueth therin for so much as through anger and enuie he knoweth not himself what he thinketh or saith but declareth well the saying of the Apostle to be true in himself Cor ipsius insipiens obscuratum itaditumque in reprobum sensum That his foolish heart is darkned and deliuered ouer vnto a reprobate sense So King Henry pronouncing as you see a heauy iudgment against Luther now and himself afterwarde when he fell into the same darknes and not only obscuritie of vnderstanding but inconstancie also of proceeding which heer so eagerly hee obiecteth to Luther for this he writeth of him Quis non eius miretur inconstantiam c. who will not wonder at Luthers inconstancie for a little before he wrote in his bookes that the Papaltie though it were not by diuine right yet was it by humane to witt by humane consent for the publik good of the Church and therevpon condemned and detested the sect of the Hussites in Bohemia for that they had cut themselues off from the obedience of the Roman Sea affirming that they sinned damnably whosoeuer obaied not the Pope This he wrote verie lately since his fall from Catholicke religion but now he is run into that which then he so much detested And like inconstancy he hath shewed in another point also which is that hauing preached of late in a certaine Sermon to the people that the Popes excommunication was to bee obaied and patiently be borne as a medecine in a disease WheÌ himself afterwards was most worthily excommunicated he tooke that sentence of the Pope so impotently as seeming to be mad or fallen into rage he brake forth into such contumelious speaches and blasphemies as no Christian eares can abide to heare the same so as by his furie he hath made it euident Eos qui pelluntur gremio matris Ecclesia statim furijs corripi atque agitari daemonibus That those which are cast out from the lap of their mother the Church are taken presently with suries and vexed with diuells Thus far K. Henry and much more to this effect which for breuityes sake I pretermit 8. And now let vs with greife of mind some terror of conscience looke ouer and reflect vpon that which happened afterward vnto this King himself and into what extremes of passion and choller he fell in his writings and Statutes against this very Supremacy of the Pope when he was excommunicated by him which heere he defendeth against Luther though in other points of doctrine he remained still opposite to Luther euen vnto his dying day 9. It is worthy the noting also what mutability and inconstancy he vsed not only in the whole thing to wit in dâââing the Popes Supremacy but in the very manner also of falling into that extremity For first for many yeares after the writing of this his booke which was in the yeare of Christ 1521. he continued so deuout and obedient to the said Sea of Rome as no King in Christendome more as may appeare by the mutuall good offices of loue friendship that passed between them And when six yeares after this againe Rome was spoiled by the army of the Duke of Burbon Pope Clement the seauenth held as besieged in the Castle of S. Angelo no King or Prince of Christendome was more forward in the ayd of the said Pope then K. Henry of England as may appeare by his great and famous Embassadge sent that very yeare into France by Cardinall VVolsey about that matter in the yeare 1527. to draw the King of France into the association of that aid and help 10. And when againe the next yeare after King Henry began to moue his doubt or question about the lawfullnes of his marriage with Queene Catherine he referred the whole matter to Rome and procured Iudges to be sent from thence as namely Cardinall Campegius that was directed from Rome the selfsame yeare into England for Legat with like commission for Cardinall VVolsey to be ioyned with him as deputyes from Pope Clement to heare and iudge the matter before whome sitting in iudgment both K. Henry and Queen Catherine being cited personally to appeare they made their appearance in the Church of the Black-Friars in London in the moneth of Aprill anno Domini 1529. which was the one and twentith of King Henryes raigne And albeit King Henry being offended that by this means of these two Legats the Pope accepting of the Appeal of Queen Catherine recalling the matter to himself he could not haue his wil did put from his fauour soone after Cardinall VVolsey when the other was departed and brought him to the miserable end which is well knowne yea condemned for his sake the whole Clergy of England in a Premunire that is to say the losse of all their goods which afterward they redeemed with a submission and payment of a hundred thousand pounds for that they had acknowledged the said Cardinals Legantine authority which himself had procured from Rome yet did not he for this surcease to send other Embassadours to continue the solicitation of the same suite of diuorce in the said Court of Rome and namely among others Doctor Stephen Gardâââ the Kings chiefe Secretary soone after made Bishop of VVinchester who was sent thither as Stow and others doe testifie presently after the departure of Cardinall Campegius in the same yeare 1529. Neither did King Henry leaue of to hold his Embassadours Lawyers and Procurators there about this matter for two or three yeares after this againe vntill he saw there was no hope to get his diuorce by that means and on the otherside was resolued to marry the Lady Anne Bullen whatsoeuer came of it and so did in the yeare 1533. and 24. of his raigne 11. Thus then you see the beginning and progresse of the cause of King Henryes breach with the Sea Apostolicke which probably would neuer haue byn if he could haue obtained his will that way but falling into despaire therof tooke resolution to cut the knot which otherwise he could not vndoe But the manner of his proceeding may be best seen by two Acts of Parlament set downe heer by M. Attorney the one of the 24. the other of the 25. yeare of King Henryes raigne for that in the former which was in the yeare of his marriage with Lady Anne Bullen as hath byn said he prohibited