Canterbury where the glorious body of Thomas the martyr lay where with abundance of teares and sighes going bare-foote and casting himself prostrate on the ground he did demaund pardon and mercie humbly beseeching first that the Bishops there present would absolue him and then that euery religious man would giue him three or fiue strokes of a discipline or whip on his bare flesh then putting one his apparell againe which in all their presence he had put of he rose from the ground and then gaue precious gifts to the said Martyr and his sepulcher and among other forty pounds by the yeare of perpetuall rent for maintenance of lights at the said Sepulcher and so giuing himself to waching fasting prayer for three dayes togeather it is not to be doubted saith he but that the said martyr being pleased with his repentaunce and deuotion God also by his intercession tooke away the Kings sinne So VValsingham 20. And presently in token heerof he saith that the verie same day wherin the King was most deuout in humbling â—imself and kissing the said martyrs Tombe in Canterbury God deliuered into his hands VVilliam King of Scotland who was taken prisoner by his Captaines and that vpon the same day also his rebellious sonne K. Henry the 3. hauing taken shipping to come with a great Nauye into England against him was driuen back by tempest the King himself going to London was receiued with extraordinary ioy of al his people by whose help he soone pacified and conquered all his rebells and thence going presently ouer into Normandy with a great armie and leading prisoner with him the foresaid K. of Scotland with diuers other enemies fallen into his hands hee so terrified the King of France and other his confederates that beseiged the Cittie of Roane as they retired presentlie and his sonnes Henry Richard Geffrey so humbled themselues vnto him as they were reconciled and receiued to grace againe all comming home togeather in one shipp saith VValsingham whom a little before it seemed that the wide world could not containe 21. And this was the effect of K. Henries deuotion at that time which Petrus Blesenâ—is also that was most inward with him doth â—estifie recouÌ„t at large in an epistle to his freind the Archbish. of Palermo in Sicilie wherin hee affirmeth not onlie that K. Henry assured himself that hee had all these good successes by intercession of the said holy martyr S. Thomas but moreouer that hee tooke him for his speciall Patron in all his aduersities Illud quoqâ—â— noueritis saith he Dominum Regem gloriosum martyrem in omnibus angustijs suis Patronum habere praecipuum This also you must know that my Lord the King doth hold the glorious martyr S. Thomas for his cheife Patrone in all his straites and necessities and the same you may read in Nubergensis that liued at the same time though not so intrinsecall with the King as the other And this passed at that tyme though afterward he committing his said Q Eleanor to prison for diuers years before his death and continuing his loose life with other women as hath byn said God for punishment permitted that albeit two of his sonnes Henry and Geffrey died before him yet the other two remaining Richard and Iohn and falling from him againe did so afflict and presse him as they brought him to that desolate end which before hath byn mentioned Though some other doe ascribe the cause heerof not so much to his loose life as to his irreuerent dealing sometymes in Church-matters For so two Bishops that were his Embassadours wrote vnto him in confidence as Petrus Blesensis doth testify saying Non est quod magis hostes vestros incitat ad conflictum quam quod arbitrantur Vos Ecclesia Dei minus extitisse deuotum There is nothing that doth more stir vp or animate your enemyes to fight against you then for that they persuade themselues that you haue sometymes shewed your self lesse deuout towards the Church of God And thus much of K. Henry OF THE RAIGNE OF K. RICHARD THE FIRST The sixt King after the Conquest §. II. 22 For that we haue byn somewhat large in the life of K. Henry the Father we meane to be breefer if it may be in his children who were only two that seruiued him and raigned after him to wit Richard Iohn for that the two other Henry that was crowned and named by him K. Henry and Geffrey Duke of Brittany after their many tumultuations conspiracies disobediences against their said Father died in his life tyme and of these two that liued he had little comforte as before you haue heard 25. And yet proued this Richard no very euill King afterward for the space of ten years that he raigned though vnfortunate both in warre and peace which men ascribe in great parte to the demerit of his owne disobedience against his said Father For punishment wherof both his owne brother Iohn conspired often against him and K. Philip of France hir colleage and confederate brake his faith with him and the Duke of Austria persidiously tooke and held him prisoner in his returne from Ierusalem and Henry the Emperour laid him in fetters and many other miseries followed and fell vpon him vntill at length he was disasterously slaine by a poisoned arrow shot out of a Castle against him as our histories doe testifie 24. But as for his religion it was all wayes truly Catholicke in no point different from that of all Christendome in his dayes And particularly in that which appertaineth to our controuersy he was most obedient deuout to the spiritual authority of the Sea Apostolicke in all his actions which I may proue by the authority of a whole Synod of the Archbishop of Roane and all his Bishops writing to Pope Celestinus the third in recomendatioÌ„ of his cause when he was Captiue sayinge Christianissimus Princeps Rex Angliae illustrissimus Dominus noster deuotissimus Ecclesia Romanae filius quem specialiter in suam protectionem susceperat in sua peregrinatione c. The most Christian Prince Richard King of England and our most honorable Lord and most deuout sonne of the Romaine Church whome the said Church had specially taken into her protection in his iourney to Ierusalem is now vniustly detained c. 25. But if this testimony were not yet all his other life and actions as hath byn said doe sufficiently testifie the same For first to goe in order and name some few of many it is registred by Houeden that liued at that tyme and was present perhaps at his coronation how religiously and humbly he receiued the same at the hands of the Archbishop and Clergy not calling himself King but Duke only vntill he was crowned Cum autem Dux saith he ad altare veniret c. When the Duke came before the Altar in presence of the Archbishops Bishops Clergie and people he first fell downe
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 CoueÌ„t of that Câ—â—rch 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 hâ—ld 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 â—â— 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 othâ—â— the said Kings messengers offered that his maiesty the Realme should be coÌ„tent 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 ouâ—r England by this King as doe infinite other things which are ouer many to be recouÌ„ted 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 bouÌ„d 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 Neâ—il 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
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 â—â—â—es 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 〈◊〉 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 obedieÌ„ce 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
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 sufficieÌ„cy 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 excoÌ„munication 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 Bâ—sâ—op 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 excoÌ„municate 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
Chapter and fourth demonstration therof I will remitt the Reader therunto Only I cannot let passe to recite vnto you in this place a certaine Charter of K. Ethelbert of Kent our first Christian English King confirmed by a Bull in lead of S. Augustin first archbishop of Canterbury and legate of the Sea Apostolike vnto the monastery of S. Peter Paul in CaÌ„terbury erected by the said K. Ethelbert the words of the Charter are these In nomine Domini nostri Iesu Christi c. Ego Ethelbertus Rex Cantij c. In the name of our Lord Iesus c. I Ethelbert King of Kent with the consent of the venerable Archbishop Augustine and of the Princes of my Realme do giue and graunt in the honour of S. Peter and S. Paul a certaine peâ—ce of my land which lyeth in the East parte of Canterbury to this intention only that a monastery be buylded in that place with this condition that my said land be for euer in the power of the said Abbot which there shall be ordeined And therfore I doe adiure and commaund in the name of allmightie God that is the iust Iudge of all that the foresaid gift of lands made by mee be held for euer firme so as neither it bee lawful for mee or any of my Successours Kings or Princes or for any Ecclesiasticall person of what degree or dignitie soeuer to defraud the said monastery of the same or any parte therof And if any man shall goe about to impeach or diminish any point or parte of this donation let him bee seperated in this life from the holie communion of the body and bloud of Christ at the day of iudgment for the demeritt of his malice be sequestred from the company of Saints and all good men Giuen at Canterbury Anno Christi 605. the 8. indiction 12. Thus goeth that Charter and in the same forme went all other Chartes of this Kinde wherin is to be noted first the dreadfull imprecation against all breakers therof confirmed by the Authority of so great a Saint as S. Augustin was how many lamentable inheritours wee haue of these curses and imprecations in our countrey and round about vs at this day where all such pious works are ouer throwne And secondly for that he saith expresly that he did all by the counsell and consent of S. Augustine it may be inferred that whatsoeuer priuiledges he gaue that may seeme to appertaine to Ecclesiasticall matters or Iurisdiction he did them vnder ratihabition of the said S. Augustine that was not only Archbishop but legat also of the Sea Apostolike and confequentlie had authoritie to exempt the said monastery as we see he did not only from the Iurisdiction of all other Bishops but of his owne Sea also in such sorte as no Archbishop of Canterbury had any authoritie ouer them which is much more then the Charter of Kenulsus alleadged heere by M. Attorney And we doe reade that the monks of Canterbury did pleade this Charter of K. Ethelbert confirmed by S. Augustine for their liberties against the Archbishop Richard Successor of S. Thomas Becket in the yeare of Christ 1180. 13. Wherfore to conclude this matter it seemeth that M. Attorney hath gotten nothing at all by this his instance of K. Kenulfus whether in his Charter he meant of temporal or spiritual iurisdiction For if he meant of teÌ„porall that is to say that the Abbey of Abindon should be free from molestation of the Bishops officers in temporall affaires it is nothing to our purpose and if he meant of spirituall Iurisdiction cleere it is that the said King had it not of himself by right of his crowne as M. Attorney often repeateth and vrgeth without all grounde but either from the Bishops of his Realme gathered togeather in Parlament which seemeth very probable by the words of the Charter Consilio Consensu Episcoporum That he did it by the Counsell and Consent of his Bishops or that he had it immediatly from the Pope as we haue shewed the vse to be in those dayes shall doe more largly in the ensuing Chapter 14. And that which is yet more and seemeth to conuince the whole matter to decide our very case in particular I doe reade of one Bishop Rethurus who was Abbot also of Abindon during the reigne of the said Kenulfus who went to Rome to obteine the confirmation of priuiledges to the said Abbey of Abindon about the yeare .812 Romam profectus saith the Story Pontificia authoritate privilegia Canobij communiuit He going the Rome by consent no doubt of K. Kenulfus himself obteined the confirmation of the priuiledges of the said monastery of Abindon by the Apostolike authoritie of the Sea of Rome And it is no doubt that among other priuiledges this Charter also of Kenulfus was one which being so euery man may see how much this instance hath holpen M. Attorney his cause or rather made against him that Kenulfus procured the confirmation of his Charter from the Pope himself 15. And surely if in this M. Attorney committed an errour in alleadging Kenulfus for an example of one that tooke supreme IurisdictioÌ„ Ecclesiasticall vpon him he being so obedient and subordinate to the Church of Rome as we haue said much more did he erre in choosing S. Edward the Confessor for his second instance for he hath but two as before I haue said out of all our Kings before the Conquest which K. Edward of all others was most deuoutly obedient to the Sea Apostolicke as may appeare both by that which before we haue touched of him as by that which after we shall more largly shew in the next Chapter that he presumed not to found his monastery of VVestminster without particular licence and approbation of the Pope In like manner for that hauing made a vow to goe in pilgrimage to Rome to shew his deuotion and obedience to that Sea he finding afterward some difficulties therin in respect of his Kingdome that repined at his absence and of the troublesome times that then were he remitted all first to Pope Stephen the tenth and when he being dead to his successour Nicholas the 2. who determined that he should not take that voiage but bestow the charges therof vpon the buylding of that monastery of VVestminster to which effect both their letters are extaÌ„t in Alredus that liued about 400. years gone wrote the same Kings life The Kings letter hath this Title Summo vniuersalis Ecclesiae Patri Nicolâo Edwardus Dei gratia Anglorum Rex debitam subiectionem c. To the high Father of the vniuersal Church Nicolas Edward by the grace of God King of England doth offer due subiection and obedience Wherby is euident that if K. Edward did hold himself for supreme head and gouernour of the Church in spirituall matters as M. Attorney would inferr vpon certaine words of one of his lawes as presentlie you shall heare
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 beâ—ore 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 gouernmeÌ„t 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 coÌ„mitte 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 coÌ„mission also diuers other Catholike Princes haue had in sundrie cases coÌ„mitted 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
tyme but the quite contrary CHAP. VI. THov hast seene and considered I doubt not gentle and iudicious Reader how M. Attorney in the former Chapter hath byn grauelled in prouing his affirmatiue proposition that our Kings before the Conquest tooke supreme Ecclesiasticall Iurisdiction vpon them and acknowledged it not in the Pope or Sea of Rome For proofe wherof he brought forth two such poore and petite instances as they being besides their weaknes impertinent and vntrue and not subsisting in their owne grounds they were no more for perfourmance of his promise of cleere and demonstratiue proofes then if a man being bound to pay ten thousand pounds in pure and current gold should bring forth two mites of brasse for discharge of his band And surely if M. Attorney should haue failed soe some yeares gone before he was so wealthie as that taking vpon him with so great an ostentation to proue an affirmatiue assertion of so mayne importance and consequence as this is he should haue performed no more then he hath here done he would neuer haue attained by law to the preferment he hath But now◠perhaps he persuadeth himself that by his only credit already gotten he may say what he will and proue as little as he list because by only saying he shall be beleeued 2. But on the contrary side we require proofes offer proofes gentle Reader for that the matter is of singular great weight euen for thy soule we rest not in ostentation of wordes only but in probation of deedes And though we might remaine sufficiently with the victorie for that our aduersarie resteth with so apparent a foyle in the proofe of his forsayd affirmatiue yet that you may see and behold as in a glasse the difference of our cause and confidence therin I haue thought conuenient out of the great aboundance and variety of proofes that our truth hath in this controuersie as well as in all others betwene vs and Protestants to take vpon me to proue the negatiue against M. Attorney which of it self is euer more hard as you know than to proue an affirmatiue except euidence of truth doe facilitate the matter as in our case and to proue and make euident by sundry sortes of cleere and perspicuous demonstrations nyne or ten at the least that during the tyme before the Conquest no one of all our Christian English Kings exceeding the number of an hundred as before hath been said did take vpon them either to be heads of the Church or to be supreme gouernours in Ecclesiasticall causes or to haue any spirituall Iurisdiction al deriued from the right of their Crownes or denyed this to be in the Pope Bishops only or did make any Ecclesiastical lawes concerning spirituall matters and consequently that this Treatise of M. Attorney Of the Kings Ecclesiasticall law doth apperteine no more vnto them in realitie of truth than to the man in the Moone to gouerne the heauens For that they neuer so much a◠dreamed of any such thing nor of any one of the forsaid clauses of spirituall power Iurisdiction to belong vnto them which heere shall brefely be proued with such variety of demonstrations taken out of their owne words dedes decrees actions as I doubt not but will make more then morall euidence The first Demonstration 3. The first Demonstration may be taken from the consideration of all the auncient lawes made by Christian Kings in our Countrey before the Conquest euery one in his seuerall State and Dominion according to the tymes and places they raigned in and gouerned their Commonwealthes both Britanes Saxons and Danes and among the Saxons againe their Kings and Princes in euery of their seuerall Kingdoms about which point Malmesbury writeth thus of the noble King Inas Porrò quantus in Dei rebus fuerit indicio sunt leges ad corrigendos mores in populo latae in quibus viuum ad hoc tempus puritatis suae resultat speculum How great a King Inas was in Gods affaires the lawes which he made to correct the manners of his people doe sufficiently declare in which vntill this day there is seen as in a liuely glasse the said Kings purity of mynde And the like lawes no doubt other Kings also made in their Dominions all which remained afterwards to their posterity vnder the names of Mulmutian lawes For the lawes of the Britans as also the lawes of the Mercians called in their tongue Mercen laga and of the West-Saxons called VVest-saxen laga and of the Danes named Dan laga stood in force vntill England came to be a Monarchie when the first authour of the said Monarchie King Egbert began first to drawe them into one body of conformity But after him againe K. Edgar surnamed the peaceable and wise King confirmed the same and sett them forth but by the warrs and confusion of the Danes which after his death ensued they were for the most part put out of vse againe vntill K. Edward the confessor recalled them encreased and made them perfect and by the counsaile of his Peeres and Realme did frame a new ordination of the same lawes which remained afterwards vnder the name of K. Edward his lawes and were so much approued and loued by the people as Iohn Fox also out of Mathew Paris doth affirme that the common people of England would not doe obedience to VVilliam Conquerour but that first he did sweare to keepe these lawes which oath notwithstāding saith he the Conquerour did afterward breake and in most points brought in his owne lawes So Fox which if it be true yet is it to be vnderstood principally of his lawes appertayninge vnto secular men for that in the rest which concerned the Church her priuiledges he followed absolutely the lawes of K. Edward as in the next Chapter shall appeare where we shall sett downe the said Conquerour his lawes in this behalfe which are as fauourable and respectiue vnto Ecclesiasticall power and persons as of any one King eyther before or after him 4. Wherevpon it followeth that M. Attorney who so often iterateth this worde of auncient and most auncient common-lawes of England which as he saith but cannot proue did authorize Q. Elizabeth her spirituall Iurisdiction ouer the Church speaketh but in the ayre and at randome beating vs still with the empty sound of these words without substance For in reall dealing he should haue alleadged some one law at least to that purpuse out of all these before the Conquest if he had meant to be as good as his word 5. But this he cannot doe as already you haue seen by his two poore instances and we doe shew on the contrary side that all these and other lawes of these dayes were for vs in the fauour of Catholike Religion and particularly for the liberties franquizes priuiledges exemptions and immunities of the Church and Clergie according to the Canons and Decrees of the Popes Ecclesiasticall law
remedy at his hand And if I haue found any grace in your sight although the way betweene you me be long yet I beseech you let my eyes once see your face againe to treat of this matter and that my soule may blesse you before I die Wherfore my dere sonne deale with this holy man VVilfryd as I haue besought you and if in this point you shew your selfe obedient to me your Father that am shortly to departe out of this world it will profit you much to your saluation Fare you well 53. Vpon this letter King Alfred being much moued permitted him to retourne to his Archbishopricke againe And S. VVylfryd by the persuasion of the said Theodorus and other Bishopps was induced to accept the same and so he did for some time but after fiue yeres the complaints of his emulatours growing strong against him he was forced to fly the second time vnto King Etheldred of the Mercians but after againe appealed to Rome and went thither being now full threescore and ten yeares old whence retourning absolued as hath byn sayd with letters of commendation from Pope Iohn the seauenth both to Britwald Archbishop of Canterbury that had succeeded Theodorus as also to Alfred King of the Northumbers and to Etheldred King of the Mercians he obteyned againe his Archbishopricke of Yorke and heldâ— it foure yeares before his death 54. The letters of Pope Iohn vnto the two foresaid Kings doe begin with a complaint of sedition raysed in England amongst the Clergie by opposition against S. VVilfride which he exhorteth the two said Kings to suppresse and then beginneth his narration thus Wheras of late vnder Pope Agatho of Apostolicke memory the Bishop VVilfryd had appealed to this holy Sea for the tryall of his cause c. The Bishops at that time gathered herein Rome from diuerse partes of the worlde hauing examined the same gaue the definition and sentence in his fauour which was approued both by Pope Agatho and his Successours our predecessours c. and then sheweth he how the same hauing succeeded in this his second appeale he doth appoint Britwald Archbishop of Canterbury to call a Synod and by all consents either restore him to his Archbishopricke or to come and follow the cause at Rome against him and whosoeuer did not soe should be depriued of his Bishopricke and then concluding with this speach to the King he saith Vestra proinde Regalis Sublimitas faciat concursum vt ea qua Christo aspirante perspeximus perueniant ad effectum Quicumque autem cuiustibet persona audaci temeritate contempserit non erit a Deo impunitus neque sine damno calitus alligatus euadet Wherefore doe your royall highnes concurre also to this our ordination to the end that those things which by the inspiration of Christ we haue iudged for conuenient may come to their effect And whosoeuer vpon the audacious temerity of any person whatsoeuer shall contemne to doe this shall not be vnpunished of God neither shall he escape that hurte which those incurre whose sinnes are bound from heauen So he 53. And I haue thought good to alleadge this notorious example somewhat more largely for that it expresseth euidently both the acknowledgement and exercise of the Popes authority in those dayes as also the deuoute and prompt obedience of our Christian Kings and Prelates therevnto in that holy time of our first primitiue Church For that of the two forenamed Kings Malmesbury wryteth that Ethelredus of the Mercians receaued the Popes letters vpon his knees on the ground And albeit that Alfryd of the Northumbers somwhat stomaked the matter for a time as done in his dishonour yet soone after being strooken with deadly sicknes sore repented the same and appointed in his testament that S. VVilfryd should be restored which testament the holy virgin Elfled his sister that stood by him when he dyed brought forth and shewed before the whole Synod of Bishops gathered togeather about that matter in Northumberland 57. And thus hauing byn longer than I purposed in this example of S. VVylfryds appeales I will passe ouer as before I haue said the other appeales aboue mentioned of Lambert and Athelard Archbishops of Canterbury vnder King Offa and Kenulfus Kings of the Mercians vnto the Popes Adrian the first Leo the third wâ—â— determined the great controuersie about the iurisdiction of the Sea of Canterbury at the humble sute of the said King Kenulsus of all his Clergie and nobilitie I will passe ouer in like mannerâ— the example of Egbert Archbishop of Yorke who by his appealing to Rome multa Apostolici throni appellatione saith Malmesbury that is by frequent appellation to the Apostolicall throne recouered againe the preheminence and dignity of his Archbishopricke and Pontificall pall vpon the yere 745. which had byn withdrawen from that Church for many yeares togeather after Panlinus his departure And I may add further to this argument and consideration not only that appellations were ordinarily made to the Sea of Rome concerning Ecclesiasticall affaires vpon any aggreiuances of particuler persons Churches or Societyes in those dayes as appeareth by the examples alleadged but also complaints of publicke defects negligences or abuses if they concerned the said Ecclesiasticall affaires were carried to Rome and to the Bishops of that Sea aswell against Bishops and Archbishops as against the Kings themselues where occasions were offered which Bishops of Rome tooke vpon them as lawfull iudges to haue power to heare determine and punish the same by acknowledgement also of the parties themselues whereof we might alleadge many examples But one only in this place shall serue for the present which fell out in the tyme of King Edward the elder vpon the yeare of Christ 894. though others differ in the number of yeares And the case fell out thus 57. The Bishop of Rome in those dayes named Formosus the first being aduertised that diuerse prouinces in England especially that of the VVestsaxons by the reason of Danish warrs were much neglected and voyde of Bishops for diuerse yeares the said Pope saith Malmesbury wrote sharpe letters into England Quibus dabat excommunicationem maledictionem Regi Edwardo omnibus subiectis eim à sede S. Petri pro benedictione quam deder at Beatus Gregorius genti Anglorum By which letters he sent excoÌ„munication and malediction to King Edward and all his subiects from the Sea of S. Peter in steed of the benediction which S. Gregory had giuen to the English-nation wherof Malmesbury addeth this reason that for full seauen yeares the whole region of the VVest-saxons had byn voyde of Bishops And that King Edward hauing heard of the sentence of the Pope presently caused a Synod of the Senatours of the English nation to be gathered in which sate as head Pleamâ—ndus Archbishop of Canterbury who interpreted vnto them strictly saith Malmesbury the wordes of this Apostolicall Legacy sent from Rome Wherupon 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 â—f 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 coÌ„petency 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
by breaking his faith and refuâ—ing his daughter in marriage the secret affection that most of the English nobilitie did beare vnto him with generall hatred to his aduersarie the perill of the Countrey by continuall warrs with the Danes and Scottes the hurt of the Church by Harolds irreligious gouernment but especially his contempt of the said Church Sea Apostolike in that he had taken the Crowne vpon him saith Matthew VVestminster without the ordinarie rites and solemnity therunto appointed and consent of the Prelates of the land And finally saith Malmesbury Iustitiam suscepti bellâ— quantis poterat facundiae verbis allegabat He did alleadge the equitie of his cause vnto Pope Alexander by all the force of eloquence that he could Which Harold on the other side did omit saith he to doe either that he was prowde by nature or distrusted his owne cause or for that he feared that his messengers might fall into VVilliam his hands who had besett all the portes Wherevpon Alexander the Pope hauing weighed his reasons sent vnto him a banner for the warre in token of his consent and Stow addeth these words Duke VVilliam after he had got the victory sent his standard to the Pope which was made after the shape and fashion of a man fighting wrought by sumptuous art with gold and pretious stones And further the said Stow out of Malmesbury and Mathew VVestminster doth ad that Duke VVilliam being arriued in England and offering conditions of composition to Harold before the battaile one was that he was content to stand to the iudgement of the Sea Apostolicke in that controuersie All which is likely he would neuer haue done if he had esteemed so little of the said Sea Apostolicke and authority therof as M. Attorney doth but rather would haue remitted the iustice of his cause to be examined sentenced by the Emperour or by some other teÌ„porall tribunal But he remitted it to the Sea Apostolicke it fell out wel for him as you know 9. Secondly wheras K. VVilliam from his very first entrance had a desire to remoue Stigand from the Archbishoprick of Canterbury partly perhaps for his demerits and partly to haue a sure man in his place that was not English he dissembled the matter for three or foure yeares and this as some thinke in regard that the same Stigand had byn a persuader to K. Edward the Confessor to name Duke VVilliam for his Successor for so the said Duke confesseth in his message sent to Harold before the battaile as Stow relateth But now vpon the year 1070. vnderstanding that Pope Alexander had cited to Rome certayne Archbishops of Germany to wit that of Ments and Bamberge to answere to certaine accusations laid against them of Simony he thought good to take this occasion to demaund also of the said Pope iudgemeÌ„t against the foresaid Stigand and his brother Agelmare Bishop of the East-Angles and certaine Abbots suspected of like crimes Whervpon Pope Alexander sent three Cardinals into England for legats one of them a Bishop and the other two Priests who gathering togeather a Synod at VVinchester the forenamed persons were deposed by sentence of the said legats wherof two returned to Rome and one remained there as both Malmesbury and other historiographers doe write Out of which case we doe inferre that if K. VVilliam had thought his owne authority sufficient to haue depriued the foresaid Bishops he would neuer haue sued to Rome for the matter nor haue byn at the trouble and charge to call from thence three Legats 10. As soone as Stigand was deposed Lanfranke a most famous and learned Abbot of Normandy was called for by K. VVilliam and commaunded in the Popes name by the Legats to accept the same as before you haue heard who obeying thervnto made afterward his recourse confidently to Rome in all matters of importance that fell out as namely in this very first yeare he wrote a letter to Pope Alexander about a case concerning the Bishop of Lichfield in these words Vniuersae Christi Ecclesiae summo Rectori Alexandro indignus Anglorum Archiepiscopus Lanfrancus c. Vnto Alexander the highest gouernour of the vniuersall Church of Christ vnworthy Lanfranke Archbishop of English men c. And proposing sundry busines difficultyes vnto him he saith among the rest that in the forenamed Synod of VVinchester the Bishop of Lichfield being cited thither to answere to certaine crimes of incontinent life layd and proued against him and he refusing to appeare was excommunicated and deposed by the said legates licence giuen to the King to nominate another for that place But afterward at the feast of Easter he comming to the Court in tyme of Parlament resigned vp his Bishopricke vnto the King that was sitting togeather with his Bishops and lay nobility In which case Ego tum nouus Anglus saith he rerumque Anglicarum c. I being but a new English man and vnskillfull in English affaires but what I learne of others doe not presume either to consecrate another Bishop in his place nor yet to giue licence to other Bishops to consecrate any quoadusque praeceptio vestra veniat quae in tantâ— negotio quid oporte atfieri informare nos debeat vntill your commaundment come which in so great a busines must informe vs what we ought to doe So Lanfranke who referreth these matters as you see to the Pope and not to the King though he were the Kings fauorite nor did he feare to iniure or offend the King therby 11. And soone after this againe to wit the very next yeare following which was the yeare of our Lord 1071. and 5. of K. VVilliams raigne the said Lanfrancke elected Bishop of Canterbury Thomas a Norman chosen Bishop of Yorke went both of them to Rome in person to receiue their palls and confirmation at the hands of Pope Alexander by K. VVilliams consent albeit it was a very troublesome yeare in England for that all the North-parte of England rebelled to wit Edwyn Earle of Mercia Morcar Earle of Northumberland Eglewyne Bishop of Durham the famous Captaine Sewardbran manie others with whom ioyned the Scots Danes against the Normans and K. VVilliam had need of the presence of two such trustie chiefe men principall Prelates for staying the people at home And therfore Embassadours were sent to obtaine that their said palls might be sent to them into England But it could not be obtained for that Pope Alexander answered that it was an old custome that Archbishops of England should come receiue their palls at Rome And this answere was written to Lanfrancke in the Popes name by Hildebrand Archdeacon of that Sea who succeeded Alexander in the Popedome and was called Gregorie the 7. By all which is euident what authoritie Ecclesiasticall K. VVilliam did acknowledge to be in the Pope of Rome and how little he ascribed to himself in that kind 12. Furthermore
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 Celestinâ—◠〈◊〉 his letters and other diligence could not stay them and that 〈◊〉 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 husbaÌ„d 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 â—â—ter is of more power then was the
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 maÌ„ner 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 coÌ„secratus 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 coÌ„mendatioÌ„ 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 consâ—â—â—â—â—tos 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.
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 leâ—se 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 â—his 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
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 Cōmon-law which often he calleth our birth-right and best birth-right to be nothing else in effect but the Princes pleasure frō 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
this shall suffice to this point Now will M. Attorney passe to another of the commendation of Truth as though that were with him and his And wee shall follow him to examine that point also as wee haue done this other about Ignorance The Attorney On the other side Truth cannot be supported or defended by any thing but by Truth herselfe and is of that constitution and constancy that she cannot at any time or in any part or point be disagreable to her self She hateth all bumbasting and sophistication and bringeth with her certainty vnity simplicity and peace at the last Putida salsamenta amant origanum veritas pèr se placet honesta per se decent falsa fucis turpia phaleris indigent Ignorance is so far from excusing or extenuating the error of him that had power to finde out the truth which necessarily he ought to know wanted only will to seeke it as she will be a iust cause of his great punishment Quod scire debes non vis non pro ignorantia sed pro contemptu habers debet Error and falshood are of that condition as without any resistance they will in tyme of themselues fade and fall away But such is the state of Truth that though many doe impugne her yet will she of her self euer preuaile in the end and flourish like the palme-tree she may peraduenture by force for a tyme be troden downe but neuer by any meanes whatsoeuer can she be troden out The Catholike Deuine 16. None do more willinglie heare the commendation of Truth then we who say with S. Paul VVee can do nothing against truth but for truth And therfore do I willinglie ioyne with M. Attorney in this point of praisinge Truth Wee do mislike also no lesse then he all bumbasting and sophistication neither are we delighted with stinkinge salt-fish that had need of Orygon to giue it a good sauour Wee allow in like manner of his other latin phrases and do confesse that Truth herselfe may be troden downe for a tyme by force but neuer troden out But what is all this to the purpose we haue in hand of findinge out the Truth in this our controuersie Let vs suppose for the present that both partes do like well of her but what meanes is giuen heere or may be giuen to discouer where she lyeth In all other controuersies lightly our aduersaries are wont to remit vs only to scriptures for tryall which was an old tryck in like manner of their foresaid forernuners as the auncient Fathers testify for that scriptures being subiect to more cauillation many times both for the interpretation and sense then the controuersie it selfe gaue them commodity to make their contentions immortall 17. But the same Fathers vrging them with a shorter way asked them still Quid prius quid posterius What was first and what after for that heresie is nouelty and commeth in after the Catholike Truth first planted And for that euery hereticke pretendeth his heresie to be ancient and from the Apostles the said Fathers do vrge further that this Truth of our Religion must not only be eldest but must haue continued also from tyme to tyme at least with the greater part of Christians Quia proprium est hareticorum omnium saith old Tertullian pauca aduersus plâ—â—a posteriora aduersus priora defendere It is the property of all hereticks and their peculiar spirit to defend the lesser number against the greater and those things that are later against the more auncient Which agreeth with another saying of Tertullian Quod apud multos vnum inuenitur non est erratum sed traditum That which is found one and the self-same with many to witt the greater parte in the Christian Church is no error but commeth downe by tradition So hee But S. Augustine deliuereth another direction much conformable to this in sense though different in words Consider saith he what is KATH'HOLON Id est secundum totum non secundum partem According to the whole and not only to a part and this is the truth And another of his tyme saith Teneamus quod ab omnibus creditum est hoc enim verè Catholicum Let vs hold that which hath byn beleeued by all for this is truly Catholike and consequently Truth it self And another Father before them both Catholicum est quod vbique vnum That is Catholike vndoubtedly trew which euery where is one and the same And this both in tyme place and substance 18 These are the ancient Fathers directions now let vs apply them to our present question which is so much the easier to discusse for that albeit it comprehend some part of doctrine in controuersie concerninge the Right of temporall Princes to spirituall Iurisdiction yet is it principally and properly a question of fact to witt whether by the ancient common laws of England and practice of our Princes according to the same spiritual Iurisdiction they were exercised by them in former ages by force and vertue of their Imperiall crownes as Queene Elizabeth did or might do by the authority giuen her by an Act of Parlament in the first yeare of her raigne wherby she was made head of the Church and supreme gouernesse as well in all causes Ecclesiasticall as temporall In discussion wherof if we wil vse the directions of the forsaid Fathers for cleere and infallible tryall we shall easily find out where the Truth lyeth which is the but we ought to shoore at and not to contend in vayne for that our assertion quite contrary to that of M. Atourneys is That if we consider the whole ranke of our Christian English Kings from the very first that was conuerted to our Christian faith to witt King Ethelbert of Kent vnto the reigne of King Henry the eight for the space of more then nine hundered years and King Henry himself for the greater and best part of his reigne did all and euery one of them confesse acknowledg the spirituall power and Iurisdiction of the Sea of Rome and did neuer contradict the same in any one substantiall point either by word law or deed but did infinite wayes confirme the said authority ech one in their ages reignes And this is that KATH'HOLON or secundum totum which S. Augustine requireth and vbique vnam which the other Fathers do mention which is a Catholike proofe in a Catholike cause and M. Attorney must needs fly ad partem to a parte only to witt to two or three later Kings of aboue halfe a hundered that went before which is a schismaticall proofe as S. Augustine sheweth Contra partem Donati Against the parte of the heretick Donatus And before him Opratus Mileuitanus and diuers other Fathers who alwayes call Sectaries a Part For that they follow indeed but a part and Catholiks the whole and therof saith S. Augustine their name is deriued And thus much shall serue for our
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 â—ath 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 sâ—all 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 attentâ—uelie 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 CoÌ„monwealth 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 coÌ„mission of high-pastor ouer
to a Colledge to visit the same for certaine defects with particular order how to proceed and punish the said offences though in many things he haue greater Authoritie by his extraordinarie commission then is the ordinarie of the President and fellows and other ordinarie officers yet cannot hee either tacitè or à fortiore by vertue of this Maximè take vnto him all the power and manner of proceeding which the said President and fellowes haue by their ordinarie Authoritie of Statutes in admitting and reiecting schollers giuing and changing offices setting and letting of lands and the like except it be epresslie in his Commission Noe not in punishments neither concerning those defects which he hath to visit may he exceed his prescript order they being things as I say stricti Iuris which both law reason and conscience doe forbid to be enlarged beyond his commission And so doth M. Attorney seeme to graunt that it should be so in any iudgement giuen by Commissioners of Oyer and Terminer or other Commissioners or Iudges of the common law insinuating belike that the Canon or Ecclesiasticall law now vsed in England is abritrary to be applied as they please that sit in Authoritie 10. And this seemeth greatlie to be confirmed by another Resolution of his Iudges made to another argument of Caudery wherein his Counsell vrged for him that according to the commission sentence should haue been giuen against him by three at least of the Commissioners ioyntlie concurring which was not obserued but giuen onlie by the Bishop though he pretendeth that it was also by the consent of some of his Colleage It was resolued saith M. Attorney by the whole Courte that the sentence giuen by the Bishop with Consent of his Colleags was such as the Iudges of the Common Law ought to allow to be giuen according to the Ecclesiasticall laws Consider I praie you this Resolution that they out of the Common-law doe allow it to be well done according to the Ecclesiasticall laws but heare the reason for it importeth much to se therby the manner of proceeding for seeing saith hee that their authoritie is to proceed and giue sentence in Ecclesiasticall causes according to the Ecclesiasticall law and they haue giuen a sentence in a cause Ecclesiasticall vpon their proceedings by sorce of that law the Iudges of the common law ought to giue faith and credit to their sentence and to allow it to be done according to the Ecclesiasticall law For Cuilibet in sua arte perito est credendum VVee must beleeue euery skillfull man in his arte c. So hee And is not this a strange Reason of a iudiciall sentence thinke you that for so much as the Bishop of London had depriued Caudery by pretence of an Ecclesiasticall law his fact must be allowed by vertue of this maxime That euery skillfull man is to be credited in his art And was not the poore plainteife well holpen vp who after foure years trauell and cost as it appeereth wherin he followed the suite at the Common-law against the said Bishop he was now answered That euerie skillfull man must be beleeued in his art without further inquiring 11. And yet M. Attorney heere auerreth that it is a common receiued opinion of all bookes and citeth diuerse booke-cases for the same And albeit I haue not by me the bookes themselues nor doe professe my self skillfull therin yet must I needs ascribe so much equitie prudence reason vnto the Common law as to presume that it will not admit this Maxime without some distinction or reasonable restriction As for example that this Peritus or skillfull man that must be so beleeued be eminent in his art and be not interessed nor passionate in the Case proposed For other-wise absurde effects would insue as for example If a surgeon hyred to cure a wound should be suspected to haue intoxicated the same and that the Plainteife should haue this answere that euery skillfull man is to be beleiued in his arte it were iniustice For that he might either of ignorance haue erred therin if he be not knowne to be very well learned in his arte or of malice if he might be presumed to hope or expect gaine by the wounded mans death And howsoeuer it be the matter in right conscience were not to be shuffled ouer with such an answere of the appointed Iudges but the Case were to be examined other surgeons to be consulted them ans skill honestie and reputation to be inquired of and other such diligence to be vsed as might content and satisfie the afflicted partie wherof none was done as it seemeth in the behalfe of Caudery 12. For wheras in this case the Bishop of London was interessed in his honour to defend that which he had done not perhaps the greatest Canoinst or Ciuilian Lawyer in the world for his skill and this poore plainteife as I saie hauinge followed the Common Lawyers to iudge the case for so many years it seemeth a sleight shifting off for the Iudges to tell him now in fauour of the said Bishop and his Colleags Cuilibet in sua arte perito est credendum We must beleeue euery man skilfull in his science which is as much as if they had said he hath depriued you and he is skilfull in depriuing and therfore you must thinke that he hath done it very well And this is all the remedy you are like to haue 31. And by this the reader may also perceiue how much is to be ascribed to M. Attorneyes words before recited when he saith of those Iudges of the Common law from whome he citeth some certaine little peeces of Interpretations Ordinances Statutes or decrees in proofe as he would haue it seeme of the Queens Ecclesiasticall Iurisdiction persuading vs that they could not bee daunted vvith any feare moued by any affection nor corrupted vvith any reward which as I beleiue in some so the experience of these our daies and of these our fornamed Iudges and moderne Sages may teach vs to suspect the same in others also of those auncienter times who may be presumed to haue followed the current of their dayes and to haue been no lesse ready to run after their Princes humours than we see many lawyers and Deuines also in our dayes to doe But now to the last argument of Caudery finall Resolution against him 14. After that he had declared the three defects before mentioned of the Bishop of Londons sentence against him First that he was depriued vpon the first accusation Secondlie that hee was conuicted by no Iury wittnesses or confession but vpon not appearance Thirdlie that the sentence was not giuen by three or more Commissioners ioyntlie All which are expresse clauses of their commission sleightly euacuated as before you haue heard he came to the fourth point which is that the Statute wherby this supreame Ecclesiastcall power was giuen to the Queene herself by the Parlament hath a clause
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 cōscience 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
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 amoÌ„g 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 coÌ„mon 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 Lâ—w 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 coÌ„parison he should haue coÌ„cluded thus So the King by the â—outh 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 Ecâ—lesiasticall 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 coÌ„plete Monarch nor head
of the whole entire body of the Realme 15 You see whervnto this deuise tendeth to make yt a matter of treason to deny this fancy of M. Attorney that for so much as the Canons and Ecclesiasticall lawes of the Church made by Popes and by Generall Councells from tyme to tyme and receued vniuersally for spirituall and Ecclesiasticall matters throughout the Christian world were receued also and allowed by the Kings Comnn wealth of England which was an euident argument of their acknowledging of the said Ecclesiasticall Iurisdiction of the Church and spirituall gouernours therof of this approbation and allowance he would inferr that these lawes were the Kings lawes though deriued as he sayth from others that is to say from Popes and Bishopps At which inference I doubt not but that his fellow-lawyers will smile And truly I am sory that he being accoumpted so great a man in that faculty which is wont to reason well hath giuen so manifest occasion of laugther For that euery puney young student of law will see by common reason that the admitting of an other mans lawe doth not make it his lawe or that he had power to make that lawe of himself but rather to the contrary it sheweth that the admitter acknowledgeth the other for his Superiour in all matters contained vnder that law For the power of making lawes is the highest power that principally proueth dominion in any Prince and the admitting and obeying therof by another Prince is an euident argument of inferiority and subiection and so here the admitting of the Popes Ecclesiasticall and Canon-lawes was an argument that the admitters acknowledged his supreme authority in Ecclesiasticall affayres 16. Neyther is M. Attorneys example of the Romans or Normans any thinge to the purpose all For that the Romans did not take from the Athenians any formall lawes made by them for the gouernment of the Romans for that had been to acknowledg superiority as before hath bene said but rather they taking a suruey of all the Grecian lawes aswell of Athens as other Common-wealthes or States they tooke parcells therof here and there and applied the same to their Common-wealth which was properly to make lawes of them selues And the like may be sayd of the Normans if they borrowed any of their lawes from England which yet I neuer read in any Author besides M. Attorney but rather that the Normans gaue lawes to England 17. But nowe in the Canon-lawes receiued in England for almost a thousand yeares together after our first Conuersion the matter is farr different for that these were receiued wholy and formally as lawes made by another superior power in a different Tribunall different causes sent expresly to England and to all other Christian Kingdomes to be receiued and obserued and some also out of the same Ecclesiasticall power made within the land by Synodes and Prelates therof and promulgated to be obserued both by Prince and people formally and punctually as they lay and so were receiued admitted allowed and put in execution by the said Prince and his Officers except perhaps some tymes some clause or parte therof might seeme to bring some inconuenience to the temporall State for which exception was made against it and the matter remedied by common consent And this was another manner of admitting lawes then the Romans admitted some peeces of there lawes from Athens or rather translated some pointes of the Athenian lawes into theyrs which was to make them selues Maisters of thus lawes and not receiuers or admitters And finally wee see by this to what poore and pittifull plight M. Attorney hath brought the title of his booke De Iure Regis Ecclesiastico Of the Kings Ecclesiasticall law to witt that it is the Popes Ecclesiasticall law◠in deed made and promulgated by him and his but receiued and obeyed by the King and consequently not the Kings law but the Popes 18. Wherfore to conclude the first part of this Chapter for so much as M. Attorney by these two arguments De Iure which are the only he mentioneth hath proued no right at all of supreme spirituall Iurisdiction to haue accrewed to Q. Elizabeth by the title and interest of her temporall Crowne but rather the contrary to witt that both his Arguments haue proued against himself we see therby how vnable he is to proue his said affirmatiue proposition by this first head and sorte of proofe De Iure I shall now in the second part of this chapter endeuour to prooue the negatiue by as many sortes of rightes and lawes as any thing may be proued that is to say not only by Canonicall Ciuill lawes but by law of Nature also of Nations Mosaycall Euangelicall and by our ancient Common-lawes of England all which doe concu◠in this that Q. Elizabeth being a woman could not haue any supreame spirituall power or Iurisdictiō in Ecclesiasticall matter◠THE SECOND PART OF THIS CHAPTER VVherin is shevved that Q. Elizabeth in regard of her sex could not haue supreame Ecclesiasticall Iurisdiction §. I. 19. First then being to performe this we are professe in this place that we meane not to imitate the proceeding of some Protestants in this behalf who following no certayne rule of doctrine no◠moderation in their doings or writings doe passe to extreames therfore feeling themselues greiued vnder Q. Maryes raigne with the course of Catholike religion then held tooke vpon them to publishe that women were not capable of any gouerment at all Temporall or Spirituall nor to be further obeyed than they would make Reformation in Religion for so they called it comforme to their willes and prescriptions as appeareth by the bookes writings and actions both of Goodman VVhitingham Gilbye Knockes others who taking their fire of fury from Geneua sought first to kindle the same in England and being repulsed thence brake into open flames of combustion in Scotland and neuer coassed vntill it brought two Noble Queens mother and daughter to their ruyne and afterward put their heire and successor into such plunges by those and other heades of like doctrine and desperate attemptes answerable therunto as Gods right hand did only preserue him from like ruyne 20. But we are not of this spirit to seeke reuenge by such new brayn-sicke doctrine we graunt that Queens may lawfully raigne inherite that Successiō which euery Countrey by their peculiar lawes doth allow them The great Kingdome of France doth excude them so doe many lesser States in Italie and Germany and other Countryes yet doth Spaine England Scotland and Flanders admitt them for preuenting other inconueniences when Male-sucessors doe fayle So as for this point of Q. Elizabeths temporall gouerment we haue no controuersie in this place If any fell out betweene her and the Bishop of Rome whose authority she tooke from him and applyed it to her self and many otherwayes exasperated him that fact appertayneth not to vs that are priuate men to iudge
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 〈◊〉 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 verâ—tas 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 â—â— haue we receaued the truth of our faith And then he goeth forward desiring humbly Pope Leo to giue him his Apostolicâ—â—â— benediction to the end he may gouerne his people well 〈◊〉 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 Merciâ—rum 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 nâ—t 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 â—â— 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 padagâ—go 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
tyme of the Danes as before I noted King Canutus the Dane as Ingulphus testifyeth which liued presently after him was so carefull to haue this duly payed with other dutyes belonging to the Church as being in his iourney towardes Rome he wrote backe to his Bishops and other officers in these words Nunc igitur obtestor c. Now then I doe beseech all you my Bishops other officers and all gouernours of the Kingdome by the faith which you doe owe vnto God me that you will so prouide that before my arriuall at Rome all debts be payed which according to auncient lawes are due That is to say the accustomed almes for euery plough the tythes of beastes borne euery yeare the Pence which you owe to S. Peter at Rome whether they be due out of the cittyes or the Countrey that by the middest of August you pay the tythes of your corne that at the feast of S. Martine you pay the first frutes of your seed to the Church and parish in which euery man liueth which payment is called Kâ—ke-seet And if these things be not performed by you before I retourne assure your selues that my Kingly authority shall punish ech man according to the lawes most seuerely without pardoning any Fare you well Vpon the yere of Christ 1032. So he And marke good Reader that he saith he will punish according to the lawes yea and in his former words that there are auncient lawes for these Dutyes to Rome which M. Attorney cannot bring for his assertion against the Pope so as in auncient common lawes we are now before him But let vs goe forward end this Demonstration 73. About thirty yeres after this againe King Edward the Confessor wrote to Pope Nicolas the second in these wordes Ego quâ— que pro modulo meo augeo c confirmo c. I also for some small gifte of myne doe encrease and confirme the donations of paying such money as S. Peter hath in England and doe send vnto you at this time the said money collected togeather with some Princely gyfts of our owne to the end that you may pray for me and for the peace of my Kingdome and that you doe institute some continuall and solemne memory before the bodyes of the Blessed Apostles for all the English-nation c. So good S. Edward 74. And when not long after him King VVilliam of Normandy obteyned the crowne he forgott not this law among the rest as afterward when we come to talke of him and his raigne in particuler we shall more at large declare For his tenth law in order hath this title De denario Sancti Petri qui Anglicè dicitur Rome-scotâ— of the Penny of S. Peter called Rome-scot in the English tongue And then he beginneth his law thus Omnis qui habuerit triginta denaâ—â— vinae pecuniae in domo sua de proprio suo Anglorum lege dabit denarium Sancti Petri lege DanoruÌ„ dimidiam marcam c. Euery man that shal hâ—uâ— the worth of thirty-pence of liuely money of his owne in his house shall by the law of English-men pay the penny of S. 〈◊〉 and by the law of the Danes shall pay halfe a marke And this penny of S. Peter shall be summoned or called for vpon the solemnity and feast of S. Peter and Paul and gathered vpon the feast of the Chaines os S. Peter so as it shall not be deteyned beyond that day c. thus the Conquerour in confirmation of that which other English Kings had done before him appointing also in the same place that his Iustice should punish them that refused to pay the said money or paid it not at the due day appointed 75. And to conclude this matter this tribute was continually paid from the first institution therof not only before the Conquest as now you haue heard but afterwards also by all the Norman Kings their Successours vnto King Henry the 8. as out of Polidor we haue seene And the same King Henry himself duely paid the same in like manner for more then twenty yeres togeather vntill he brake from the Pope and Sea of Rome vpon the causes which all men know Wherevpon this our Demonstration inferreth that all this while it is not likely they paying so willingly and deuourly this temporall tribute vnto the Popes of Rome that they denyed his spirituall iurisdiction or held him in that iealosie of competency for vsurping therby vpon their Crownes as now we doe And lastly that the supreme spirituall authority of Queene Elizabeth without any Act of Parlament was warrantable by these Kings lawes which is the mayne paradoxicall conclusion of M. Attorneys whole discourse against which we haue yet a Demonstration or two more so an end The nynth Demonstration 76. The nynth Demonstration then about this matter shall be the consideration of our English Kings their singular and extraordinary deuotion before the Conquest to the Sea of Rome which was such as diuers of them left their Crownes and Kingdomes after many yeres that they had raigned and ruled most gloriously at home and went to liue and dye in that citty some in religions habit and profession of Monasticall life as Kenredus King of the Mercians and Offa King of the East angles some in secular weed but of most religious deuout and exemplar conuersation as Inas and Ceadwalla Kings of the VVest-saxons some others went thither of deuotion with intention to retourne againe as the other great Offa King of the Mercians Adelnulph alfred and Canutus Monarches of all England and lastly good King Edward the Confessor had determined vowed a iourney thither in pilgrimage but that his Kingdome greatly repyninge therat in respect of the daungerous tymes two Popes â—â— and Nicolas decreed that he should not come as before we haue touched but rather bestow the charges of that voyage vpon some other good worke namely the encrease of the Monastery of VVestminster 77. And here I might enlarge my self much in the declaration of these particulers which we haue named and of many others that we haue omitted in this kind I meane of English Kings that leauing their temporall Crownes haue submitted themselues to the sweet yoke of Christ in religious life Iohn Fox in his Actes and Monuments doth recount nyne crowned Kings that became Monkes within the first two hundred yeres after Englands conuersion to Christian faith though all of them went not to Rome and some eighteene or twenty Queenes or daughters to Kings or Queenes that tooke the same course contemning whatsoeuer pleasures or preferments the world could giue them But of such Kings as went to Rome and made themselues religious there the foresaid Kenredus of the Mercians and Offa of the Eastangles were the most famous who agreeing togeather vpon the yere 708. as Florentins after S. Bede doth recount the history lest both their Kingdomes wiues children honours goods and the
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 waâ—â— 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 EnglaÌ„d 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 coÌ„straining 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
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 â—i foris fecerit saith he Episcopus inde iustitiam faciat veruâ—tamen si quis arrogans pro Episcopali iustitia emendare noluerit Episcopâ—â— 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 Whâ—rsoeuer 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 coÌ„uenient 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 coÌ„forme 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 〈◊〉 king first his solemne Oath to the same effect which his father had taken before him in the day of his Coronation he gaue gâ—â—â— 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 tenâ—cior 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
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 〈◊〉 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 Preâ—ence 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 Pontifiâ—â— 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 Breâ—â— 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 iuâ—dâ—dicall Acts which passed in this affaire set downe by the said Houeden and other authors of that time two other Cardinall-â—â—gats 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. Gâ—lasius 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
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 Morâ—â—â— 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 gouernmeÌ„t 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 thiâ—d 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
sonne Prince Lâ—wes and the Barons of England that made warre against him All whom he first coÌ„maunded to surcease their said warrs and emnities against the said K. Iohn and then for that they obaied not he threatned and â—enounced excommunication against them and besides this he sent his Legat named VVaellâ— to be with K. Iohn and assist him in person in all his needs and necessities which was no small help and comforte vnto him in those distresses And finall in after his death he was a principall cause why his young sonne Henrie the â— was admitted for King notwithstanding the Barons firme resolution promise and oath to the contrarie and that Prince Lawes was forsaken and forced to 〈◊〉 of England the said Legaâ— being made generall Gouernour both of the King and Kingdome for that present togeather with the Earle of 〈◊〉 Lord Marshall of the land 64. And as for the said Barons that so resolutely stoods 〈◊〉 K. Iohn and his succession their cause was about the priuiledged and laws of the Realme as well concerning the Glergie as lay men which were the same priuiledges as they affirmed that were graunted and set downe in King Edwards daies the Confessor confirmed by the Conquerour allowed published againe by K. Henry the first and not disallowed by this mans Father K. Henry the 2. in witnes wherof they produced a Charter of the said K. Henry the first All which liberties laws and ordinances K. Iohn promising them at his first recoÌ„ciliation to giue grâ—inâ— and ratifie was vrged afterward by them to publish the same â—â— writing vnder the great seale of England as he did at Oxford in the presence of al his nobility in the 17. yeare of the said Kingâ— raigne which was the next before his death syaing in the 〈◊〉 writing Ex mera spontanea a voluntate nostra concessimu Charâ—aâ—â—stra coÌ„firmauimus eam obtinuimus à Domino Papa Innocencia confirmâ—n quaÌ„ nos obseruabimus ab haredibus nostris in perpetuuÌ„ bona fide 〈◊〉 obseruari We haue graunted out of our owne meere free good will haue confirmed the same by our Charter and haue contained of Pope Innocentius that he confirme the same also with his assent which Charter both we shall obserue our selues and will haue to bee obserued faithfullie by our heirs for euen behold that K. Iohn doth not onlie confirme these liberties himself but procured the same to be confirmed also by Pope Innocentius for more stabilitie And the beginning of the said liberties it thus set downe Quod Anglicana Ecclesia libera sit habeat iurasâ—â— integra suas libertates illasas maximè libertatem electionum qâ—â— maximae magis necessaria reputatur Ecclesia Anglicunae That the English Church be free and haue all her rights whole and all hâ—â— liberties inuiolate and especiallie her liberties of elections 〈◊〉 choosing her Prelates which is held to bee the greatest and most necessarie to the English Church And then follow the othâ—â— liberties of Barons noble-men and the common people 65. And for that it was vnderstood that notwithstanâ—â—â—â— these two graunts and confirmations of these laws and priuileâ—ges K. Iohn by the counsaile of certaine strangers that weeâ—â—bout him of his Countreyes in France was perswaded to 〈◊〉 the same againe and to informe the Pope wrong fullâ—e 〈◊〉 intentions of the said Barons as though they meane not so 〈◊〉 the conseruation of these priuiledges indeed aâ—â—â—soâ—◠〈◊〉 Kingdome to the King of Fâ—â—nce and the Pope inclining to beâ—â—uâ—e him the said Barons were so much exasperated therby as they made the vow before mentioned neuer to obey him or his anymore And thervpon calling ouer the said Prince Lewes of France gaue him London and all the South-parts of England and would haue gained him the rest in like manner if the Popes resistanes had not byn so great and K. Iohn had not died at that very instant in the heat of all the warre not poisoned by a monke as foolish Iohn Fox doth affirme and set forth in many printed and painted pageants of his booke but vpon greife of mind trauaile and disorder of diet as all auncient authors by vniforme consent doe agree And Iohn Stow citeth foure that liued in K. Iohns dayes to wit Mathew Paris Roger VVyndouer Raph Niger and Raph Gogshall in their histories of that tyme. 66. Wherfore to conclude this Chapter of K. Henry the second and of his two sonnes wee see how firme they were all three in this beleife and acknowledgement of the Popes spirituall authority ouer all the world and no lesse ouer England in those dayes and how fully the same was in practise among them And that albeit in some cases causes wherin they receiued some distast they strugled sometimes about the particular execution therof indeauoring to mak some restraint especially when it seemed to strech indirectly also to temporall affaires yet did they neuer so much as once deny the said Ecclesiasticall supremacy to be in the Sea of Rome and much lesse did euer ascribe it to themselues which so cleerly ouerthroweth M. Attorneys position as I maruaile what he will say to these and like demonstrations 67. And for that his often repeated ground is that Queen Elizabeth had her supreame authority in cases Ecclesiasticall according to the auncient common lawes of England hitherto he graunteth that there was no Statute-lawes at all by Parlament vntill the ensuing King K. Henry the third And for other lawes we see heere what they were by the testimony of the Bishops Barons of England vnder the Charters both of 〈◊〉 K. Henry the first and other Kings vpward vnto K. Edward the Confessor to wit all in fauour of the Church her liberties â—â—nquises and priuiledges which liberties as other where I have noted and must often heerafter doe the same doe infer our conclusion of Ecclesiasticall and spirituall iurisdiction subordinate to the Sea of Rome and wholy distinct from temporall power and doe ouerthrow M. Attorneys assertion for the said spirituall 〈…〉 those liberties were as they were that 〈…〉 should haue iurisdiction in 〈…〉 ctions choise of Prelates of the 〈…〉 liberties are mentioned cited allowed◠〈…〉 by any King as you shall see they were by 〈…〉 them vnto K. Henry the 8. so often receiueâ—◠〈…〉 tion and his whole new books an open out 〈…〉 field And thus much of K. Iohn OF KING HENRY THE THIRD That vvas the eight King after the Conquestâ—â—â— And the first that left Statutes vvritten And vvhaâ— instances and arguments M. Attorney alleadgeth out of him for his purpose CHAP. X. HITHERTO haue we passed ouer six hundred 〈◊〉 since our first English king receâ—ued and therby put themselues vnder the of 〈…〉 Bishops depending therof for 〈◊〉 of their 〈◊〉 Which Spirituall 〈…〉 haue byn euer beleeued 〈…〉 both Kings and Subiect from the 〈…〉 their lawes and continued by su 〈…〉 Which as it hath byn
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 asseueratioÌ„s 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 preteÌ„deth 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 coÌ„tinue the same throughout his life by occasion of many strange and miraculous 〈◊〉 from imminent dangers which himself ascribed to the said dâ—uotion and to our Blessed Ladies speciall protection Wherevnto may be referred in like maÌ„ner 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
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 coÌ„sideration that England being â—â— 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 â—â—ceaued 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 maÌ„ner 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
imò à quoâ—iâ— 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 reuereÌ„ce 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 Exceâ—â—â— 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
respect of his supreme Ecclesiasticall iurisdiction is altogeather childish For that first to present includeth no Ecclesiasticall iurisdiction at all and much lesse supreme and may be exercised by meer lay-men as before hath byn declared at large vnder King VVilliam the Conquerour Secondly for the King to present to his free Chappels was as much to say in those dayes as that those Chappels being made free and exempted by priuiledges and franquises frō the Sea Apostolicke for otherwise they could not be freed from iurisdiction of their Ordinary the King presented vnto them by vertue of the Canon-law and commission of the said Sea Apostolicke as founder therof 26. And thirdly that he presented after the Deane and by lapse only and not in the first place signifieth plainely that his iurisdiction in that point if presentation may be called iurisdiction as in some sense it may was lesse then that of the Deane And so Fitzherberts words are to be vnderstood that in that particular case the King presēted by lapse as ordinary that is to say wheras in other benefices when the patron or partie to whom the election nomination or presentation first cheifly appertaineth presenteth not within such a tyme the Ordinary may present as hauing by composition the second right or power in that case and after him the Metropolitan and last of all the King Heer in the case of Free Chappels wherof the King is presumed to be founder after the Deane which hath the first right and this by no other meanes then by cōcession of the Sea Apostolicke in those dayes the King by priuiledge of the same Sea had right to enter in the second place insteed of the Bishop which proueth the quite contrary to M. Attorneys conclusion for it sheweth that the King had not supreme Ecclesiasticall iurisdiction in the case proposed but secondary and subordinate to that of the Deane But let vs see further The Attorney An excommunication vnder the Popes Bul is of no force to disable any man within England and the Iudges said that he that pleadeth such Buls though they concerne the excommunication of a subiect were in a hard case if the King would extend his iustice against him If excommunication being the extreme and finall end of any suite in the Court at Rome be not to be allowed within England it consequently followeth that by the ancient Common-laws of England no suite for any cause though it be spirituall rising within this Realme ought to be determined in the Court of Rome Quia frustra expectatur euentus cuis effectus nullus sequitur and that the Bishops of England are the immediate officers and ministers to the Kings Courts In an attachment vpon a prohibition the defendant pleaded the Popes Bull of excommunication of the Plaintife the Iudges demaunded of the defendāt if he had not the certificate of some Bishop within the Realme testifying this excommunication to whom the Counsell of the defendant answered that he had not neither was it as he supposed necessary for that the Buls of the Pope vnder lead were notorious inough but it was adiudged that they were not sufficient for that the Courte ought not to haue regard to any excommunication out of the Realme and therefore by the rule of the Courte the 〈◊〉 was thereby disabled Reges sacro oleo vncti sunt spiritualis iurisdictionis capaces The Catholicke Deuine 27. All that is heere said against the acceptance or admittance of the Popes Bulls for excommunication in England for of this only as speach in this place if it be meant of this K. Edwards time only as according to the argument it must and we haue seen that vnder former Kings the contrary was allwayes in practice how then doth M. Attorney talke heere againe of his auncient Common-lawes For if it began first vnder this King then was it a new law and not auncient and if further wee find no Decree or Statute therof at all in this Kings life as hitherto we haue not nor doth M. Attorney cite or quote any then might it be a matter only de facto of some Iudges who according to the current of that time and as they should see the King affected pleased or displeased with the Popes of those dayes would reiect or admit their Buls at their discretion And then doe you see vpon what goodly ground M. Attorney inferreth his conclusion that if the Popes Buls of excōmunication were not respected in those dayes it consequently followeth that by the auncient common laws of England no suite for any cause though it be spirituall rising within this Realme might be determined in the Courte of Rome And why so For that the Popes excommunication was not obayed in England 28. But I would aske him whether no sentence could be giuen without excommunication Or whether to such as beleeued the Popes authority in those dayes it were sufficient in conscience that the said excommunications were not admitted by some Iudges in their tribunals Or at least-wise no iudiciall notice taken of them except they came notified also from some Bishop as the second Case heer set downe doth touch therby insinuateth the solution of the whole riddle to wit that Iudges were not bound vnder this K. Edward to take publicke and Iudiciall notice of anie Bull of excommunication come from abroad and presented by any priuate person except the same came notified from some Bishop in authoritie within the Realme Which caution is vsed also at this day in diuers other Catholicke Countreys round about vs for auoiding trouble deceit and confusion to wit that Bulls and other authenticall writings from Rome must be seen and certified by some persons of authority within the Realme before they can be pleaded in Courte or admitted generally 29. To the last instance that Kings annointed with sacred oyle are capable of spirituall iurisdiction we denie it not but graunt with the great Ciuill-lawyer Baldus before mentioned and all Canonists that diuers cases of spirituall iurisdiction may be graunted by the Sea Apostolicke vnto annoynted Kings and so often it hath been done especially to Kings of England as former examples haue declared namelie of K. Edward the Confessor But this assertion of capacitie abilitie to receiue some sorte of spirituall iurisdiction if it be committed vnto them doth not proue that they had the said iurisdiction in themselues or of themselues by vertue of their Crownes or annoynting as M. Attorney would haue men beleeue But let vs heare further The Attorney Where a Prior is the Kings debitor and ought to haue tithes of another spirituall person he may choose either to sue for subtraction of his tithes in the Ecclesiasticall Courte or in the Exchequer and yet the persons and matter also was Ecclesiasticall For seing the matter by a meane concerneth the King hee may sue for them in the Exchequer as well as in the Ecclesiasticall Courte and there shall the
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. â—hich 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 câ—m 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 appellatioÌ„s 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 â—he 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 iudgmeÌ„t 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 gouernmeÌ„t 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 euideÌ„t 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 motioÌ„s 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 obedieÌ„ce 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 conteÌ„pt 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 VViâ—kâ—liffe 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 fouÌ„dation 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
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 â—â—nâ—fices 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 calumniatioÌ„s 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 withstaÌ„ding 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 presentatioÌ„s 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 coÌ„sent 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
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 grauÌ„ted 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 conusauÌ„ce 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 dauÌ„ger of a Premunire a hainons offence being contra legiantiae suae debitum in contemptum Domini Regis contra â—oronam 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
togeather in one as also for that they are of so small substance as they deserue not to be handled a part For as to the first concerning the buying of alume of the Florentines who doth not see but that it is a temporall case wherin the Realme of England or Marchants therof being interessed the State might pretend iust cause to differre the admission or execution of the Popes sentence of excommunication touching that affaire vntill they had better informed him of the truth or iustice of the cause in their behalfe For this is vsed ordinarily by all Catholicke Princes and States euen at this day 17. The second obiection about the punishment of Priests and Clergy-men by their Bishops and Archbishops hath nothing in it at all that may make for M. Attorneys purpose For that heere is not giuen by Parlament any new spirituall iurisdiction to Bishops Archbishops but some temporall enlargement is graunted to the same As for example that they may not only suspend and excommunicate and punish by their spirituall censures such licentious persons of life but may corporally punish them also by imprisonment and other wayes as heere is set downe And least any in such cases might make recourse vnto the temporall magistrate saying that they were imprisoned wrongfully and contrary to the common secular laws of the Realme this refuge is cut of by this Statute and absolute power giuen to Bishops Archbishops to punish in such cases as well corporally as spiritually wherby also appeareth that such delicts of Clergy-men were in those dayes to be inquired of and punished only in the Bishops Courts and not in the temporall which was a dignity and no small preheminence of the Prelates of England aboue many other Countreys who neither then nor now haue the like absolute preheminence in all things as before hath byn shewed For that diuers cases and causes doe appertaine only to spirituall Courts in England which are handled also by secular magistrates in sundry other countreys as namely that of Testaments and the like And this is to be ascribed to the speciall piety deuotion of our Catholicke Kings and Countrey 18. As for the third point wherin M. Attorney saith Rex est persona mixta adding this reason because he hath Ecclesiasticall and temporall iurisdiction Whosoeuer maketh this instance either M. Attorney or some other author of his he little seemeth to vnderstand what is needfull to induce Ecclesiasticall iurisdiction wherof he may need more at large in the second Chapter of this booke And as for the person of a King it may be named mixt in some other respects as namely for that a King is annointed and therby hath somewhat of a Clergy-man also though absolutely he be a lay-man as you haue heard before the great Christian Emperour Valentinian professe of him self Quod erat vnus de populo that he was a lay-man and not a Clergie-man He is likewise head of the whole Common-wealth wherin are members both Clergy and lay-men as before hath byn said and in that respect is he head of both partes and consequently mixt or common to them both But all this induceth not necessity of spirituall iurisdiction except it be committed vnto him from the Church and Prelates therof in whome originally it is as in the forenamed place we haue abundantly declared 19. And the like wee answere finally to the fourth and last obiection wherin it is said that the King maie dispense with a bastard to bee made Priest and with a Priest to haue two benefices and this by his Ecclesiasticall power and iurisdiction The matter must bee distinguished that the King maie dispense or giue his consent in these cases for so much as toucheth the Common wealth or maie bee hurtfull vnto it and no otherwise which is to say so far forth as it maie importe or preiudice the Commō-wealth that bastards not inheritable should be Priests or one Priest hold manie benefices But then this dispensation is not by anie iurisdiction spirituall as M. Attorney would inferre but temporall onlie of the Prince as hee is head of the Common wealth For as concerning spirituall dispensation appertaining to conscience for so much as the prohibition that Bastards shall not bee ordained Priests was not made first by temporall Princes but by the auncient Canons of the Church none can dispence properly therin but he that is spirituall head of the whole Church or some other by his commission 20. And by the same reason for that spirituall iurisdiction ouer soules which is the iurisdiction of him that hath a benefice cannot bee truely giuen or deliuered to anie man but by him that hath it in himself to wit some Prelate of the Church that hath it from the fountaine of succession from the Apostles as before hath been declared it followeth that none which hath not this iurisdiction by this means in himself can giue anie benefice to anie man and much lesse two or manie benefices that is to saie spirituall iurisdiction ouer manie flocks to one man except hee onlie that hath superior and mediate spirituall iurisdiction ouer the said flocks and their soules And heerby wee see that standing in the principles and grownds before set downe and manifestly proued M. Attorneys instance is to no purpose at all to the effect and sense wherin hee would haue it vnderstood 21. And this shall suffice for this place and for the raignes and liues of all Christian Princes of our Realme that liued in vnion and conformitie of one religion and acknowledgment of one supreme authoritie spiritual of the Sea Apostolicke of Rome from the first to the last that is to saie from King Ethelbert that receiued the first grace of our conuersion to the Christian Catholicke Roman religion vnto King Henry the 7. inclusiuè who being the last and neerest English auncestour to his Maiesty that now is and succeeding after aboue a hundred and twenty English Kings of the same religion ended happely also his life raigne therein without any change or alteration And if this sonne had followed the same course and held it out to the end as he did for two partes of three of his raigne he had byn thrice happy but Gods prouidence for his and our sinnes permitted otherwise We shall therfore see breifly the manner means occasions motiues and euents therof in the ensuing Chapter OF THE RAIGNE OF K. HENRY THE EIGHT And of his three children King Edward Queene Mary and Queene Elizabeth And how the first innovation about Ecclesiasticall iurisdiction was made and continued in their dayes CHAP. XV. NOVV are we come vnto the time wherin great change indeed and alteration was made in our Countrey by particular Statutes and Nationall laws so far forth as a perpetuall and vniuersall receiued truth by nationall and temporall decrees could be altered in the foresaid point of spirituall and Ecclesiasticall iurisdiction For that K. Henry
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 maÌ„ner 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 â—â—ke 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 SacrameÌ„ts 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 coÌ„deÌ„ned 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 importaÌ„t 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
and thereupon he reiected the one and fauoured the other as more sincere people and more to bee trusted by him that were so trustie and faithfull to their God and his religion yf this I saie were a good censure and iudgment I doe not see how this other of M. Attorney can stand vpon anie ground of reason or Christian charitie that qualifieth so greiuously or rather calumniateth so egregiously the religious standing of Catholicke people in the moderate defence and excuse of their said consciences 22. But heere perhaps hee may demaund or some body for him what great reasons wee haue for this obstacle of our iudgment for not conforming it to his and others in this behalfe Wherunto though sufficientlie hath been alleadged before in the Answere to his Preface yet now may some two or three points or considerations bee further added in confirmation therof among almost infinite that might bee produced And the first may bee that which hitherto wee haue treated in this book with M. Attorney concerning the continuance of that religion for which wee stand throughout the whole race and course of our Christian English-Princes State and Realme from the beginning of our first conuersion vnto our time All which Kings and Queens Counsellors Nobilitie Archbishops Bishops Doctors Vniuersities Lawyers and Sages of all sortes were for so manie ages by one and the self-same religion profession and beleife directed and saued if anie were saued that is to say by the selfsame means doctrine and Sacraments of our auncient Catholicke English Church continuing vntill K. Henry 8. tyme which Church professed the very same faith and beliefe in like maner as in another special booke hath been declared wherby all other Christian nations had been directed and saued for those other ages which went before our English conuersion after Christs assension 23. New then this being so I would aske anie reasonable indifferent English-man whether wee haue iust cause to stand in and for this religion or not and whether if himself were now readie to die for that is the time when men doe iudge with lesse passion and had laid before his eyes the euerlasting ioyes of heauen on the one side and the eternall paines of hell on the other to bee lost or gayned by his election whether I saie hee would aduenture rather to goe in companie and ioyne himself with this large and venerable bodie of old English Catholickes among whome there are recorded by histories to haue been so manie admirable men both for learning wisdome and sanctitye of life or leauing these to take parte and receiue his portion with such later people of the same nation as haue deuided themselues from the other And when M. Attorney in good probabilitie of reason shall substantiallie answere mee this demaund it may doubtlesse bee a great motiue vnto mee and others to draw vs to the current of this present time but in the meane space wee must stand fast least wee fall into the torrent of brimstone if wee goe against our consciences by which wee must bee iudged and euery man damned or saued thereby as out of the Apostles testimonie before hath been declared 24. And thus much for standing in our old religion Now for passing to a new there is another obstacle also that greatlie withholdeth vs and this is that when wee shall haue left this old religion so begun so established so confirmed so promised by God to endure to the worlds end so generallie receiued so vniuersalli-continued as hath been declared wee cannot tell to what otheâ— sorte sect or parte of religion to passe with anie probable securitie or certeynty at all why wee should rather adhere to one sect then to another For when once wee leaâ—â— the said Catholicke religion so grouÌ„ded as you haue seen there is no one substantiall reason à parte rei that can bee assigned by anie man liuing neuer so learned why hee should more or rather follow one parte profession sect or new opinion then another As for example if to a man that vpon anie offence disgust scandall error anger interest leuity or the like for these are the ordinary motiues of changes breaketh from the auncient Catholicke Romain religion there should represent themselues vnto him fiue or six of the principall newest sects and sortes that professe different religions in our time all vnder the name of the Ghospell as namelie of Lutheranes either ridged or soft of Anabaptists Trinitarians new Arrians Zwinglians Calâ—â—nists of both sortes to witt Puritans and other all which haue their different positions professions articles faiths Churches conuenticles in these our daies and if he should demaund of fiue or six distinct Doctors of these new-ghospellers what substantiall reason or infallible grouÌ„d they can alleadge wherewith to persuade him that he ought to take their particular partes or bee of their seueral sects the one aboue the other or why themselues and ech one of them is rather of the one sect then of the other seeing all professe ghospell and scriptures In this case I say they can yeeld him no other reason but this that ech man assureth himself that hee and his parte doe alleadge and vnderstand the scriptures better then the rest which depending onlie as you see vpon the priuate iudgment and persuasion of ech one in particular for other proofes hee caÌ„ bring none except the stand vpon assurance of his particular spirit which euerie one of the other sects will doe in like manner it bringeth no assurance at all being onlie founded vpon ech mans opinion choice and election which properlie is heresie for that hereticks as auncient Fathers doe define are nothing els but choosers who leauing the vniuersall rule of faith deliuered vnto them by tradition of the common Church do chuse vnto themselues seuerall paths and opinions to follow 25. Wheras then no ground at all can bee yeelded by anie reason witt or learning of man why wee should bee rather of one new profession then another after wee haue left the old receiued throughout Christendome and that in the old wee stand not ech-man vpon his particular iudgment to beleiue this or that but vpon the generall testimonie tradition voice vse and authoritie of the vniuersall Christian Church called Catholicke as S. Augustine and others say not onlie by her freinds and followers but also by her enemies this being so I saie wee haue great cause to looke before wee leape as the prouerb is and to consider well where wee shall land or how we shall come to shore before wee leaue the shipp wherin wee are or doe aduenture into M. Attorneys new Current or anie other that hath no staie but maie carry vs further with the streame then wee can staie our selues afterward when wee would And thus much of this consideration 26. A third is which also shall bee the last in this place that terrifieth vs no lesse then anie of the former two and this is
Pope Clement the 7. and how the same began cap. 15. num 4.5.6 7. Bulles from Rome not admitted in England except they came certified from some Prelate at home and why cap. 12. num 28. cap. 13. num 27. C. Calixtus the Pope his meeting vvith Henry the first in Normandy cap. 8. n. 14. Campian his fellow-martyrs protestations at their death cap. 16. num 12. Canon-lawes how they vvere receyued in England cap. 14. num 17. Canutus K. of England his confirmation of Peter-pence to Rome cap. 6. n. 72. Catholicke Religion the birth-right of Englishmen cap. 1. num 26. Catholickes falsely charged by M. Attorney cap. 16. num 2.3 deinceps Catholicke-Recusants from the beginning of Q. Elizabeths raigne cap. 16. num 7. Catholickes falsely accused of inconstancy cap. 16. num 18. Caudrey the Clerke his case cap. 3. per totum Causes of K. Henry the 8. his falling out and breach vvith the Sea Apostolicke cap 15. num 1.2 3. Ceadwalla K. of the VVestsaxons his pilgrimage to Rome cap. 6. num 83. His baptisme there and death ibid. Celestine Pope his letters to the Realme of England in absence of K. Richard the first cap. 9. num 33. Charters for Church-priuiledges before the Conquest and after cap. 5. num 2. 3. 4. deinceps cap. 8. num 23. The beginning of the Great-charter vnder K. Henry the third cap. 10. num 6. Church-libertyes confirmed by K. Richard the second cap. 12. num 43. S. Chrysostomes iudgement of spirituall power cap. 2. num 21.22.23 24. Ciuill warres in England vnder King Henry the third cap. 10. num 12. Clergy-men subiect to the Ciuill Magistrate in temporal affaires cap. 2. num 33. 34. But not in spirituall ibid. num 35. Clergie-mens persons exempted from secular povver cap. 2. num 26. 37. Clerkes euer exempted from temporall Iudges cap. 15. num 20. Collations of benefices by lay-men cap. 7. num 26. 29. Comparison betweene Catholick sand Sectaryes cap. 1. num 13. 14. Commodityes or discommodityes of municipall lavves cap. 1. num 20. Comon-lawes birthright cap. 1. num 22. 23. Complaintes against strangers beneficed in England cap. 10. num 21.22 23. deinceps Remedyes sought to the Pope therfore ibid. num 23. Controuersy-wryters condemned by M. Attorney and vvhy cap. 1. num 26.27 28. 29. Controuersy-writers against their conscience cap. 1. nu 32. and vvho they be ibid. num 35. Constantius the Emperour reprehended by Bishops cap. 4. num 6.7 8. Confirmation of Church libertyes in England by diuers Kinges before and after the Conquest cap. 5. num 7. deinceps Cap. 8. n. 23. Conquest of VVales by K. Edward the first cap. 11. num 9. Conuersion of diuers Kingdomes in England one after the other cap. 6. num 15. Condemnation of Protestantes doctrine by K. Henry the eight cap. 15. n. 15. 16. Conscience the cause that Catholicks follow not M. Attorneys current cap. 16. num 19. 20. Constantius the Emperour his iudgement touching such as dissembled in Religion cap. 16. num 20. Councell of Constance in Germany cap. 13. num 6. English Prelates sent thither ibid. Courtes spirituall and temporall and their difference ca 4. nu 11. deinceps Courtes spirituall superiour to temporall ca. 10. num 30. Cranmer the first hereticall Archbishop of Canterbury ca. 15. nu 32. Burnt at Oxford for his heresies ibid. Crosses erected by K. Edward the first ca. 11. num 6. Crowne of EnglaÌ„d not subiect to any in temporalityes ca. 12. nu 48. D. Decrees and Ordinances of Pope Formosus for the Church of England ca. 6. num 59. Decree against Bigamy ca. 11. nu 31. Decree of Pope Gregory the ninth about proceeding against hereticks ca. 13. num 14. Decrees of K. Henry the eyght his breach with the Sea Apostolicke ca. 15. num 11. 12. Despaire causeth forgetfulnes of all reason and duty and vvhy ca. 16. n. â—2 Demonstrations before the Conquest against secular Princes Ecclesiasticall Iurisdiction in England cap. 6. per totum Deposition of Stigand Archbishop of Canterbury ca. 7. num 9. Difference of Courtes and vvhat it proueth ca. 4. num 11. Difference of lawes and law-makers before the Conquest ca. 6. num â— Difference of Courtes shew differeÌ„ce of origen and authority ca. 11. nu 50. Directions of ancient Fathers hovv to find out Truth ca. 1. nu 17. 18. Dispensations of most importance procured alvvayes from Rome cap. 6. num â—4 35. Dissention betvveene Protestants and Puritans and vvhy Prefac n. 18. 19. Dissimulation in Religiou hovv daungerous cap. 16. num 20. Doubts raised in England concerning bygamy cap. 11. num 32. E. Ecclesiasticall lavves made to be the Kinges lavves by M. Attorney cap. 4. nu 13. 14. Ecclesiasticall vveighty matters allvvayes referred to Rome by our English Kinges cap. 6. num 19. Edgar K. of England his speach for the reformation of the Clergy cap. 6. num 87. 88. His piety and deuotion tovvards the Sea of Rome ibid. S. Edmund Archbishop of Canterbury threatneth K. Henry the third if he obayed not cap. 10. num 37. K Edward the Confessor his confirmation of Peter-pence to Rome cap. 6. num 73. K. Edward the first surnamed Long-shanke cap. 11. num 3. His deuotion ibid. num 4. His vvorkes of piety ibid. His Conquest of VVales ibid. num 9. His mutability in keeping Church-priuiledges ibid. num 11. His violent proceeding against the Clergy ibid. num 12. 13. His euer obedience to the Sea of Rome in meere spirituall things ibid. num 14. 17. His deuotion tovvards the first Pope in Auinion in France ibid. num 16. His accusation of the Archbishop of Canterbury to the Pope ibid. num 16. His lawes in preiudice of the Clergy ibid. num 21. K. Edward the second his euill successe of marriage in France cap. 11. n. 41. K. Edward the third his restraints against the Clergy of England cap. 12. num 1. 2. His punishment for the violence vsed towards the Church cap. 12. nu 2.3.39 40. Motiues that induced him therto ibid. num 3. His great embassage to the Pope ib. num 7. His protestation for obedience to the Sea of Rome for himselfe and his cap. 12. num 8. His disordinate life ibid. num 41. K. Edward the fourth his raigne ouer England cap. 14. num 1.2.3 deinceps K. Edward the sixth his raigne cap. 15. num 26. His Supremacy of the Church of England declared by the Protector his vncle ibid. S. Egwyn Bishop of VVorcester his monastery of Euesham cap. 6. num 42. His voyage to Rome ibid. nu 79. Elections of Bishops 4. kinds cap. 7. num 32. Eminency of spirituall power aboue temporall cap. 2. num 19. England made tributary to Rome cap 6. num 67. cap. 9. num 62.63 64. Entrance into England denyed to the Popes Legates and vvhy cap. 14. n. 13. 15. Error vvhat it is
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 CoÌ„plaintes therof by Englishmen ibidem The continuance of the same in England cap. ibid. n. 9. AgreemeÌ„t 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 conferenâ—e vvith Syr Fran. Inglefield ibid. num 37. Item with the Count of Feria the Spanish Embassadour ibid. num â—â— Her protestation about the Real-presence in the Sacrament ibidem n 39. Her ConfereÌ„ce 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 NorthumberlaÌ„d 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— â—â— 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. â—0 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. â—9 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 straÌ„ge attempt to impugne Catholicke religion by Catholicke Princes lawes in EnglaÌ„d 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 Diuelâ—s sinnes in â—â—pting 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 straÌ„ge discourse of M Attorney about his Church * Many all 's A theologicall argumet for the Roman Church Mar. vltimo Iâ—an 14. 10. Mat. 10. 1 Timo. 3.
the Kings Ecclesiasticall lavves or the Ecclesiasticall lavves of England Statut. de Consult editum an 24. E. 1. The explication true meaning of the former prouision 〈…〉 â—â—dâ—â—ations 〈◊〉 anno 5. Edouardi 2. 〈◊〉 18. 〈◊〉 â— cap. 5. Different Courtes shevv different origen of authorityes M. Attorneys common refuge refuted These 2. Kings made most restraints The punishment of these tvvo Princes and their posterity for their violence vsed tovvards the church Particular motiues of K. Edvvard 3. for proceeding as he had VValsingam in vit Ed. 1. anno â—341 The Kings letter to Pope Clement the sixt The complaint reasons against prouisions froÌ„ Rome * Sup. 35. â— â— VValsingam 〈◊〉 vita Edouards 3. The humble supplication of King Edvvard to the Pope before he made his restrictioÌ„s King Edvvardes great embassage vnto the Pope King Edvvards protestation of obedience for himself and his The continâ—ance of the Popes proâ—â—â—â—â— in England VValsing in vita Ed â— an 1366. Diuers other examples The lavve of premunire Polidor hist. Angl. lib. 19. A concordate betvvene the Pope and K. Edvv. for prouisions Supra cap. â— â— 4. 1. instance 16 â— 3. 〈◊〉 excom 4. 1. Ansvvere VValsing in vita Edou 3. anno 1340. â— instance In the Raigne of Ed. 3. â— Ansvvere Snprâ— fol 9. The common lavv cannot determine vvho shall giue cure of benefices vvith spirituall authority belonging therevnto This instance maketh against M. Attorney himselfe 3. Instance 17. â— 3. 23. 20. E 3. enâ—oâ—â—â— 9.16 E. 3 tit bâ—â—u 66. 21 E. 3.6 â— H. 7. 14. Fâ—â—z Na. br 2. Ed. 3. â—â—t excom 6. 21 E. 3. 4. fol. 4. 23. E 3. l. Ass pl. 75. 27. Ed. 3. fol 84. Fitz Na. Br. fol. 34. The Ansvvere to the first second 26. 〈◊〉 King Edâ—vard did not giue Episcopal iurisdictioÌ„ Supra cap. 2. 3. The saying of the Emp. Valentin Supra cap. 4. Supra cap. 6. To the 4. Trifling obiectioÌ„s To the 5. To the sixth Supra cap. 7. M. Attorneys case plaine against himself The 4. Instance 30. E. 3. l. ass pl. 19. 32. H. 4. 16 14 H. 4. 14. 8. H. 6. fol. 3. 35. H. 6. 42. 28 H 6. 1. 7. Ed. 36 14. 11. E. 4. 16 Fitz. Na. Br. fol. 64 E. vide 9. E. 4. fol. 3. hereafter fol. 11. It ought to be determined in the Ecclesiastical Courtes of EnglaÌ„d 21. E. 3. tit excoâ— 6. 31 â— 3. tit Ayde de Roy 103. The Ansvvere Bulls from Rome not admitted except they come certifyed froÌ„ some Prelate at home Sâ—â— Sup. cap. 7. Kings are capable of ecclesiasticall iurisdiction by commission The â— Instance 38. ass pl. 30. See the stat of 15. E. t. c. 4. 31. E. â— c. 11. 38. Ass. pl. 22. 46. E. â— tit pramunure 6. 49. E. 3. l. Ass. pl. 8. The Ansvvere Some things may beloÌ„g to differeÌ„t courtes in different respects Supra in 〈◊〉 â— VVhy the Abbot of VValtam vvas seuerely punished The â— Instance The summe of the first restraint about Prouisions Stat. 25. E. 3. de prouisoribus The Ansvvere AgreemeÌ„t betvvene the King and Pope about prouisioÌ„s VValsing in vita 〈◊〉 an 1371. See S. Bernard a◠〈◊〉 â—l 2. de Consideracione ad Eugeniâ—â— Of the reasons manner of coÌ„cluding these restraints by K. E. the 3. King Edvvards restraints diminished not his devv respect to the church An. 2â— E. 3. â—tat 3. Stat. â— cap. 1. 42. E. 3. â— 1. The disordinate life of K. Edvvard the third VValsing in vita Edouardi 3. an 1340. This King raigned 12 years froÌ„ 1377. to 1399. The causes of K. Richardes disorders King Richard often confirmed the libertyes of the church The practice of Church-libertyes by Clergy-men vnder K. Richard the second Respect borne by King Richard to the true Pope 2. Rich. 2. cap. 7. King Richard obeyed the Censures of the Church VValsing an 1379. M. Attorneys Instance out of this K. Raigne The crovvne of EnglaÌ„d not subiect to any in temporalityes In vvhat sense the Bishop yelded to the statute of Premunire K. Henr. 4. raigned 13. yeares from 1399. to 1412. Stovv in Kent 4. H. â— raigned ten years from 1412. to 1422. Richard Earle of Cambridg Henry lord Scroope treasurer Edmond Earle of March c. H. 6. raigned 18 yeres from 1422. to 146â— Polidor lib. 12. Hist. Augâ— in Hen. 6. VValsing in vita Henriei 4. an 1490. English Prelates sent to the Councell of CoÌ„stance Lavves for executing of Lollard and vvicklifists First Instance 2. H. 4. fol. 9. The Ansvvere Hovv Bishops may be called the Kings spirituall Iudges Supra cap. â— 2 Instance Fitz. Nat. 〈◊〉 269. This had a resemblance to an Attainder of treason â—herin there must be first an ind4ctment by one Iurie and a conuiction â—y anâ—ther 11. H. 4. 37. The Ansâ—â—re Tvvo condemnation not euer necessary in case of hâ—resy M. Attorneys marginal note reproued In Cod. l. Manicheos l. Arriani l. Quicunque apud Paul Diacon l. 14. 16. * See cap. ad abolendum cap. excoÌ„municamus extra de haeret in 6. de heret cap. Super co 6. Decâ—et l 5. 〈◊〉 2. de liçreticis An. 1227. Decree of Pope Gregory the nynth about proceeding against heretickes Causa 15. q. 7. c. Si quia tumidus ex con 1. Carthag Hovv the Pope in old time might alter English lavves 3 Instance 1. H. 4. fol. 69. 76. 14. H. 4. f. 14. vide 20. E. 3. l. ass pl. 19. before vide 13. E. 3. Certificat 6. vide 20. H. 6. 1. 35. H. 6. 42. 7. E. 14. Fitz. Na. Br. 46. ff 14. H. 4. 14. Statut. de 2. H. 4. cap. 3. Ansvvere to the first To the second VVhence Bishops courtes haue their authority * Râ—portes fol. 8. 9. To the third The King may commaund the Bishop to doe his duty 4 To the fourth 4 Instance Stat. 6. H. 4. 1. The Ansvvere Against brybing in Rome and other like abuses The first instaâ—ce of the Attorney Stat. de 3. H. 5 cap. 4. The Ansvvere This statute maketh nothing for M. Attorney Statut. de 2. H. 5. â— 7. Lâ—llardy a â—olio For as Cockâ—e is the 〈◊〉 of the Corne so is heresie the destruction of true religion Statut. de 2. H. 5. c. 1. The Ansvvere VVhy teÌ„porall Iustices medled vvith Lollards VValsing in vita Heâ—riâ—s 5. VVhence the name of Lollards vvas taken The three conuersions of EnglaÌ„d part 2. â—ap 9. nu 31. cap. 19. num 34. 35. c. For in his booke of Acts and monuments pag. 419. â— H. 6 fol. â— 9 H. 6. fol. 16. 1 H. 6. 1â— To the first Bullâ— could not be promulgated vvithout the certificate of a Bishop To the second See Supra cap. 6. 3 to the third K. Ed. 4. raigned .12 yeres from 1460. to 1483. Syr Thom. More in â—it Richards .2 〈◊〉 â— Richard 3. raigned from 14â—3 to 1485. K Henry the seueÌ„th raigned from 1485. to 1509. to vvit 24. yeres All fovver Princes agree in our
especially in this place where our question is only of spirituall Iurisdiction in Ecclesiasticall causes which that it could not be in a woman in regarde of her sex all Catholique deuines doe proue by these reasons following 21. First by the disposition of the Canon-law which contayning the sense of Gods vniuersall Church from time to time both in the right and practise of this affayre of spirituall gouerment ought to be and is with wise learned Godly men of principall accompt credit and authority For that the said Canon-law is deduced from the decrees of Councells Synodes Popes auncient Fathers Doctors and Bishops and from the custome and practise of the said Church from time to time directed by Gods holy spirit according to his promise and receiued throughout all christendome from age to age though now contemned by certayne new maisters whose maistery standeth in this to scoffe at that which they vnderstand not or list not to follow be it neuer so good 22. This law then and iudgment of the Church is so far of euer hath been from graunting spirituall Iurisdiction to be in any Queene as in Capite by right of any temporall Crowne to be deriued from her to others as it doth not allow any woman to be capable of any spiritual power or Iurisdiction though it be but delegated giuen by commission substitution from another as appeareth by the textes of Canon-law cited heere in the margent And the princypall reason herof is that all spirituall power being of two sorts Ordinis Iurisdictionis of holy order Iurisdiction the femynine sex is capable of neither of them Not of the power of Order saith S. Thomas which belongeth to the administring of Sacraments for that a woman by her sex cannot administer them nor is capable of Preist-hood or sacred orders required therunto And in this both Caluin and Cluinists agree with vs though Luther at the beginning held that all Christians baptized might be preists and administer Sacraments aswell women as men yea children and diuells also if they vsed the wordes institution of Christ as in the places of this worke◠here quoted may be seene 23. The second part of Spirituall power appertayning to Iurisdiction either internall or external in fore conscientia or in sore contentioso that is to absolue or loose in the secret Trybunall of conscience or in the open Court of externall contention cannot fall vpon a woman for the infirmity and indecency of her sex saith the Canon-law and for many other absurdities that would ensue therof if a woman should be admitted to the actes of Ecclesiasticall Iurisdiction which are principally two Docere Iudicare saith the said law to teach and iudge wherof neither of them standeth well in a woman to exercise ouer men the same lawe noting that albeit Christ our Sauiour loued well Mary Magdalen and other holy women that followed him and serued him vnto his death yet is it neuer read that he committed any part of Iurisdiction in gouerning his Church vnto them no not vnto the blessed Virgin his mother though she were replenished with grace full of the holy Ghost And this of the Canō-law 24. For the Ciuill albeit little occasiō was giuen therin amongst the ancient heathen Romanes the chief Authors therof to talke of of this controuersy of Spirituall Iurisdiction their whole subiect being of temporall Ciuill affayres yet in a certayne Treatise De Regulis Iuris of the rules of that law they haue this direction Faeminas remotas esse ab officijs publicis ideo iudices esse non posse That women are to be remoued by the Ciuill law from all publique offices therfore cannot be Iudges And if in Ciuill matters by that law they could not be Iudges how much lesse can they be supreame Iudges in spirituall causes which are of a far higher dignitie and indecency for women to meddle therin All which better appeare by that which is to eusue out of the law both of Nature and Grace which are the groundes of these Ciuill and Canonicall Constitutions For as the Ciuill law followed the one so the Canon followeth the other or rather both for that both proceed from God and are his lawes 25. To consider then of the law of Nature which is common to all Nations we read in the booke Genesis that the order obserued by God in the creation of man and woman was this that first Adam and all other Creatures were made and placed in paradise and afterward Eua was created for man and out of man and to the liknes of man as man was created before to the likenes of God Out of which order of Creation S. Paul doth in diuers places gather the naturall subiection of woman vnto man especially in spirituall matters appertayning to God to be eternally established by this law of their creation 26. For when to Tymothie he had said Docere autem mulieres non permitto neque deminari in virum I doe not permitt women to teach nor to haue dominion ouer her husband he addeth presently for his reason these words For Adam was first created and then Eua And Adam was not seduced but the woman was seduced And the same Apostle writing to the Corinthians about a certayne precept and ordination of his that woman should be couered in the Church men not and men to haue their hayre cutt women not in signe of subiection and subordination the one to the other he saith I doe prayse you brethren for that you are mindfull of me in all things and doe obserue my precepts as I deliuered them vnto you I will haue you knowe that Christ is the head of euery man and man the head of the woman and God the head of Christ. And as euery man that prayeth or prophesieth with his head couered dishonoreth his head which is Christ so euery woman praying or prophesying with her head not couered dishonoureth her head which is man And the man ought not to couer his head for that he is the Image and glory of God but the woman is the glory of the man for man was not made of the woman but the woman out of man not was the man created for woman but the woman for man c. Ipsa natura docet vos Nature it self doth teach you c. 27. Now then out of these deductions from the law of Nature so much vrged as you see by S. Paul for subiection and subordination of women euen in little small points concerning Religion as about speaking teaching and veiling their heads in the Church it may be inferred how earnest the same Apostle would haue bene if the question had been propoūded about the highest poynt honour office of Religion which is to exercise the place of Christ by mediation betweene God and man and to be as it were high-priest and President ouer men