deposited at Rome as a stock for defence against the Turk and no otherwise But the time is effluxed since and the Princes have learned by Experience that the moneys have not been imployed againsâ— the Turkes but converted to other Vses c. The Emperour Charles the fifth was not of the same mind as appeareth by his Letter to Pope Adrian the sixth where in he reciteth the same fraud and requireth that the Tenths may be detained in Germany for that Vse for which they were first intended Lastly Henry the eighth and the Church and Kingdome of England were not of that mind nor intended to indure such an egregious cheat any longer so extremely contrary to the Fundamentall Lawes of the Kingdome and destructive to them By which Lawes the King himself who onely hath Legislative power in England may not compell his Subjects to pay any such Pensions without the Good will and Assent of the Arch-Bishops Bishops Earls Barons Knights Burgesses and other Freemen of the land Much lesse can a forrain Prince or Praelate whatsoever he be impose any such payments by his own Authority This is that which is so often Condemned in our Statutes of Provisors Namely the imposing Pensions and exporting the Treasure of the Realme The Court of Rome is so far from any Pretense of Reparation that if their Predecessors were living they were obliged to make restitution These are all the Differences that are between us concerning the Patronage of the Church of EnglaÌ„d Yet now least he should urge that these Lawes alledged by mee are singular obsolete Lawes not Consonant to the Lawes of other Christian Kingdomes I will Paralell them with the Lawes and Liberties of France which he him self acknowledgeth to be a Catholick Country as they are recorded in two Authentick Bookes One of the Rights and Libertyes of the Gallican Church The Other The Defence of the Court of Paris for the Liberty of the Gallican Church against the Roman Court both printed by Authority First for the Patronage of the Church The fourth Liberty is The King hath power to Assemble or cause to be Assembled Synods Provinciall or Nationall and therein to treat of such things as concern Ecclesiasticall Order The seventh Liberty is The Prelates of the French Church although commanded by the Pope for what cause so ever it be may not depart out of the Kingdome without the Kings Commandement aâ—d License The eleventh Liberty is The Pope cannot impose Pensions in France upon any Benifices having Cure of Soules Nor upon any other but according to the Canons c. The Fourteenth Liberty is Ecclesiasticall persons may be Convented Iudged and sentenced before a secular Iudge for the First enormious Crime or for lesser offences after a relapse The fifteenth Liberty is All the Prelatest of France are obliged to swear Fealty to the King and to receive from him their Investitures for their Fees and Manours The nineteenth Liberty is Provisions Reservaâ—ioÌ„s expectative graces have no place in FraÌ„ce This is the brief summe of those Liberties which concern the Patronage of the Gallican Church agreeing perfectly with our old English Customes I shall shew him the same perfect Harmony between their Church Liberties and our English Customes the Assise of Clarendon the Statutes of Provisors and Premunire through out Either Mr. Serjeant must make the Gallican Church Schismaticall which he dare not doe and if I conjecture rightly hath no mind to doe or he must acknowledge our English Lawes to be good Catholick Lawes for Company Sect. I. Cap. VI. The next Vsurpation which offereth it self to our Consideration is the Popes Legislative power ouer the Church and Kingdome of England either in his person or by his Legates For the clearer understanding whereof the Reader in the first place may be pleased to take notice that we receive the ancient Canons of the Catholick church and honour them more then the Romanists themselves as being selected ouâ— of the Canons of Primitive Councells before the Roman Bishops did challenge any plenitude of Legislative power in the Church And especially of the first four General Councells of which King Iames said most truly that Publica Ordinum nostrorum Sanctione recâ—pta sunt They are received into our Lawes We acknowledge that just Canons of Councells lawfully Congregated and lawfully proceeding have power to bind the Conscience of Subjects as much as Politicall Lawes in themselves not from themselves as being humane lawes but from the Ordinance of God who commandeth Obedience of Subjects to all sorts of Superiours We receive the Canons of other Primitive Councells but not with the same degree of Reverence as wee doe the first four generall Councells No more did S. Gregory of old No more doth the Pope now in his solemne Profession of his Faith at his election to the Papacy according to the decree of the Councell of Constance That which restrained them restraineth us I am more troubled to thinke how the Pope should take himself to be an Ecclesiasticall Monarch and yet take such a solemne Oath In the Name of the Holy and undivided Trinity Father Son and Holy Ghost to keep the Faitâ— of the Councell of Chalcedon to the least Tittle What the faith of the Fathers of Chalcedon was in this greate Controversy about the Papacy may appeare by the six teenth Session and the Acclamation of the Fathers to the Sentence of the Iudges Haec justa Sententia haec omnes dicimus haec omnibus placent c. This is a just Sentence These things wee all say These things please us all c Secondly we acknowledge that Bishops were alwayes esteemed the proper judges of the Canons both for composing of them and for executing of them but with this caution that to make them Lawes the confirmation of the Prince was required and to give the Bishop a coactive power to execute them the Princes grant or concession was needfull The former part of this caution is evident in Iustinians confirmation of the fifth Generall Synod Haec pro communi Pace Ecclesiarum Sanctissimarum statuimus haec sententiavimus sequentes Sanctorum PatruÌ„ dogmata c. These things wee ordaine these things wee have sentenced following the opinion of the Holy Fathers c. Quae Sacerdotio visa sunt ab Imperio confirmata Which were approved by the Clergy and confirmed by the Emperour The second part of the caution is evident out of the Lawes of William the conquerour Qui decimam deâ—inuerit per justitiaÌ„ Episcopi Regis si necesse fueriâ— ad soluttioneÌ„ arguatur c. Who shall detain his Tythe Let him be convinced to pay it by the justice of the Bishop and if it be needfull of the King For these things S. Austin preached and taught and these things that is both Tythes and jurisdictioÌ„ were granted froÌ„ the King the Barons and the People So hitherto there is no difference betweeÌ„ us they acknowledge that the King
erroneous tenets as necessary points of faith and Schismaticall Practises meerly by the authority and to uphold the interest and ambitions or aâ—aricious courses of the Roman Court. My second ground is this God almighty dothâ— not approve of that unequall proverb The Fathers have eaten sowre Grapes and the Childrens teeth are set on edge Posterity is not guilty of their Ancestours transgressions further then they doe either imitate them or maintain them Suppose these calumnies had been truths which some have belched forth against our Reformers that they had Sacrilegious or other sinister ends it signifieth nothing to us so long as wee neither justify them nor imitate them Iehues heart was not over upright and yet God himself approved his Reformation Suppose any of our Reformers have run into any excesses or extremes either in their expressions or perhaps in their actions it is a difficult thing in great changes to observe a just meane it may be out of humane frailty as Lycurgus out of hatred to drunkennesâ—e cut down all the Vines about Sparia or it may be out of Policy as men use to bend a crooked Rod as much the contrary way to make it streight or as expert Masters in Musick doe sometimes draw up their Scholars a note too high to bring them to a just tone What is that to us so long as we practise the meane and maintain the mean and guide our selves by the certain line and Levell of Apostolicall and primitive Tradition Charity commands us to thinke well of our Predecessors and Theology to look well to our selves Thirdly that difference which divines doe make between affirmative and negative precepts that affirmative bind alwayes but not to all times semper but not ad semper A man is bound alwayes to pray but is not hound to the actuall exercise of praier at all timts but neganegative precepts bind both semper and ad semper The same I say of affirmative aud negative presidents affirmative presidents prove alwayes that such a fact was done and it may be that it was justly done at that time in that case but they prove not a right ad semper to doe it at all times The reason is evident Particular Acts may be done by Connivence or by speciall License but a Generall Prohibition implyeth a perpetual right As for instance I produce Negative Presidents both Generall Lawes against all appeales to Rome that no man may appeale to the Pope without the Kings License and Particular Prohibitions out of the Kings Courts by form of ordinary Iustice against such and such Appeales or such and such Sentences upon Appeales This argueth a perpetuall Right to forbid Appeales whensoever it is Iudged expedient On the otherside he preduceth Presidents of Particular Appeales to Rome which he may doe of later Dayes but for the First eleven hundred years it was not so This Proveth onely the Kings License or Connivence in such cases it doth not prove a perpetuall Right because two perpetuall Rights contradictory one to another can not be My fourth and last ground is that neither King Henry the eighth nor any of our Legislators did ever endeavour to deprive the Bishop of Rome of the power of the Keys or any part thereof either the Key Order or the Key of Iurisdiction I mean jurisdictioÌ„ purelâ— spiritual which hath place onely in the Inner court of conscience and over such persons as submit willingâ—y Nor did ever challenge or endeavour to assume unto them selves either the Key of order or the key of jurisdiction purely Spirituall All which they deprived the Pope of all which they assumed to themselves was the externall Regiment of the Church by Coactive power to be excercised by persons capable of the respective Branches of it This Power the Bishops of Rome never had ot could have justly over their Subjects but under them whose subjects they were And there fore when wee meet with these words or the like that no forrein Prelate shall exercise any manner of power Iurisdiction Superiority Preheminence or Privilege Ecclesiasâ—icall or Spirituall within this Realme It is not to be understood of internall or purely Spiritual power in the court of conscience or the power of the Keys Wee see the Contrary practised every day but of external and coactive power in Ecclesiasticall causes in foro contenâ—ioso And that it is and ought to be so understood I prove clearly by a Proviso in one main Act of Parliament and a Canon of the English Church First the Proviso is conteined in the Act for the Exoneration of the Kings Subjects from all Exactions and Impositions paid to the See of Rome Provided alwayes this Act nor any thing therein conteined shall be here after interpreâ—ed or expounded that your Grace your nobles and Subjects intend by the same to decline and Vary from the Congregation of Christs Church in any things concerning the very Articles of the Catholick Faith of Christendome or any other things declared by the Scripture and the Word of God necessary for your and their Salvations but onely to make an Ordinance by Pollicies necessary and convenient to represse Vice aud for good Conservation of this Realm in Peace Vnity and Tranquility from ravine and Spoile insueing much the old ancient Customes of this Realme in that behalfe They profesâ—e their Ordinance is meerly Politicall What hath a Politicall Ordinance to doe with power purely Spirituall They seek onely to preserve the kingdome from ravine and Spoile Power purely spirituall can commit no Ravin or Spoile â—heâ— follow ancient Customes of the Realm There was no ancient Custome of the Realm for abolition or translation of power purely spirituall They professe all Conformity to Holy Scriptures but the power of the keys was evidently given by Christ in Scripture to his Apostles and their Successors not to Soveraign Princes If any thing had been conteined in this Law for the Abolition or Translation of power meerly and purely Spirituall it had been retracted by this Proviso at the same time it was enacted The Canon is the 37. Canon where we give the Kings Majesty the Supreme Government Wee doe not give our Kings either the Administration of Gods word or Sacraments which the Injunctions published lately by Queen Elisabeth doe most evidently declare but onely that Prerogative which wee see to have been alwayes attributed to all Godly Princes by him self in holy Scripture That is to preserve or contein all Estates and Orders committed to their trust by God whether they be Ecclesiasticall or Civill in their Dutyes and restrein contumacious Offenders with the Civill Sword You see the Power is Politicall the Sword is Politicall all is Politicall Our Kings leave the power of the keys and Iurisdiction purely Spirituall to those to whom Christ hath lest it Sect. I. Cap. IV. And now having dispatched the Circumstances out of my way and laid down some Necessary grounds I come directly to the Substance of his Assumption and
had no coactive power to compell any man against his Will The Vttermost they could doe was to separate him from their Communion and to leave him to the Comming or Iudgement of Christ. Let him be Anathema mar an atha The true Controversy then is this Whether the Bishop of Rome by his Legates have Coactive power in the exteriour Court to Convocate Synods of English Subjects in England when he will where he will whom he will without their Consents and without the leave of the Soveraign Prince or King of England The Case being thus stated determineth it self Where should the Pope appoint a place of meeting in England without the Leave of the King of England Wee see by often experience that if the Pope have a desire to summon a Councell in Italy within the Dominions of another Soveraign Prince or Republick although they be of his own Communion he must First aske leave and obtein leave before he can tell how to doe it Or how should he pretend to any Coactive power in England without the Kings grant or leave where the power of the Militia and all Coactive force is legally invested in the King Thus for point of right Now for matter of Fact First I doe utterly deny that any Bishop of Rome by his own Authority did Convocate any Synod in the Brittish Island during the First eleven hundred yeares Or preside in any by his Legates Or confirm them by his Authority If he be no table to produce so much as one instance to the Contrary he may cry guilty to the Vsurpation where of he is accused and hold his peace forever Secondly I doe confesse that after eleven hundred yeares The Bishops of Rome taking advantage of our civill combustions and prostituting the reputation of the Apostolicall See to their temporall ends did by the leave of our Kings not otherwise sometimes call Synods in England and preside in them The first Synod held in England by any of the Popes Legats was at London in the yeare 1125. by Ioannes Cremensis Which moved England into no smal indignation to see a thing till then unheard of in the Kingdome of England A Priest sitting president upon an high throne above Arch Bishops Bishops bats c. But remember my third ground or Consideration of the difference betwen affirmative and negative Presidents All which this proveth is that the King did give leave or connive at that time But it doth not prove it cannot prove a right to doe the same at other times when the King contradicteth it Further wee ought to take notice that there is a greate deale of difference between an Ordinary Synod and an English Convocation Although in truth our Convocations be Synods So called from one word in the Kings writ to Summon them Convocari facias All the Clergy of the Realm were not present at an ordinary Synod but all the whole Clergy of the Kingdome were present at a Convocation either in their Persons or by their Proctors sufficiently authorised Secondly the absent Clergy had no such Obligation to the Acts of a Papall Synod as they had to the Acts of a royall Convocation sub Hypotheca bonorum omnium under the Caution or Pledge of all their Goods and Estates Lastly to drive the naile home and to demonstrate clearly the Grossenesse of this Papall usurpation it remaineth onely to shew that by the Ancient Lawes of England the calling of Convocations or Synods belonged properly to the King not to the Bishop of Rome or his Legates And first by reason By the Lawes of England more ancient then the Popes intrusion no Roman Legat could enter into the Kingdome withont the Kings leave nor continue in it longer then he had his License as wee shall see hereafter and therefore they could not convocate any Synods nor doe any Synodicall Act without the Kings leave Secondly by Records of the English Convocation itself that the Convocations of the Clergy of the Realm of England are alwayes have been and ought to be Assembled by the Kings Writ Anno 1532. Thirdly by the Form of the Writt which hath ever been the same in all succeding Ages constantly directed from the King to the English Arch Bishops for their distinct Provinces The very Form speakes it English sufficiently For certain difficult and urgent Businesses concerning the defence and security of the English Church and the peace tranquility publik good and defence of our Kingdome and Subjects Wee command and require you by that Allegiance and Love which you owe â—o us that you cause to be convocated with convenient speed in due manner all and singular Bishops of your Province Deanes and Priors of Cathedrall Churches c. And the whole Clergy of your diocesse and Province to meet before you c. Another Writ did alwayes issue from the King for the dissolution Wee command you that you dissolve or cause to be dissolved this present Convocation this very day in due manner without any delay c. Lastly by the concurring Testimonyes of all our Historiographers That all the space of time of eleven hundred yeares wherein the Popes did neither call Councells nor Preside in them nor Confirm them and after unto the very Reformation Our Kings did both call Councells and Preside in them and Confirm them and own their Lawes as I have shewed him by the Lawes of Ercombert Ina Withred Alfred Edwerd Athelstan Edmund Edgar Athelred Canutus and Edward the Confessor in my Vindication And particularly that Theodore Arch-Bishop of Canterbury Presided in a Councell in the Presence of Iohn the Popes Legate That King Edward Assembled a Synod and Confirmed the Acts of it as Decreâ—um Regis The Kings decree That King Withred called a Councell at Becancelde and Presided in it and that the decrees of the Councell issued in his name and by his Authority Firmiter decernimus c. in my Answer to the Bishop of Chalcedon All this he pretendeth to have answered but it is with deep silence If he desire more Presidents and more witnesses he may have a cloud of Authors upon holding up his Finger to prove undeniably that King Henry did not innovate at all in challenging to himself the right to Convocate the Clergy and dissolve them and confirm their Acts with in his own Dominions but followed the steps of his Roâ—al Predecessors in all Ages from the first planting of religion untill his own dayes And not onely of his own Ancestors but his Neighbours The President of Charles the great is very conspicuous To omit all my former Allegations in this behalf In the French Synod I Charlemain Duke and Prince of the Frankes by the Advise of the Servants of God and my Princes have congregated the Bishops wich are in my Kingdome with the Priests to a Synod for the feare of Christ to Counsaile me how the Law of God and Ecclesiasticall Religion may be recovered which in the Dayes of forepassed Princes is dissipated and fallen
Order not a supremacy of power They made him a beginning of Vnity to all particular Churches Yet subjected him to the Vniversall Church They looked upon him as Highest Bishop and Successour of St. Peter but they believed that a Generall Councell had power to shake his Candlestick and remove it if they found it expedient for the good of Christendome If he come so far short of divine right in his faire pretensions by what right will he seek to justify all his foule Vsurpations and enchroachments which have no decree of any Oecumenicall councell to warrant them no Imperiall Institntion to authorise them which have no foundation but the Popes own decretalls But â— reserve a full account of this for the next part of my Answer Onely Reader be pleased to take notice that it behooved Mr. Serjeant to have proved his Traditions clearly and distinctly as to those parts of Papall power which are controverted between us in earnest with the Vniversality of it and the perpetuity of it This he neither doth nor attempteth to doe nor in deed is he or any other able to doe but meerly presumeth it and slubbereth over the mater in deceitfull Generalls Sect. I. Cap. III. Wee are come now to the last part of his demonstration which was the Minor or Assumtion of his former Syllogisme That the Church of England in Henry the eighths dayes did breake these Rules of Vnity upon probable reasons not convincing grounds Which being the main question he should have fortifyed with proofes but he according to his Custome thinkes to carry it with confidence and clamours Does not all the World grant and hold that King Henry denyed the Popes Supremacy Does not all the World see that the pretended Church of England stands now otherwise in Order to the Church of Rome then it did in Henry the sevenths dayes c. Was Papall power cast out before was it not in actuall force till and at that time Wee beg nothing gratis but begin our Processe upon Truth acknowledged by the whole World What Papall power king Henry did cast out and what Papall power we hold out I shall demonstrate to the World not confusedly but distinctly by such proofes as are not to be gainsaid for matter of fact But before I gird my self to the worke it will not be amisse for the freeing of the Cause from future Cumber about them to give Satisfaction to his two Circumstances that wee did it onely upon probable reasons And in the dayes of king Henry the eighth For the first he keepeth a great stirre and bustling every where about our probable reasons and tbe nature of our Exceptions And he would make his reader believe that I have omitted this part of his wordâ— Guâ—lefully All which discourse is superfluous and impertinent For if he could make good his Conclusion that wee have cast out that which Christ himself did ordein in holy Scripture no reasons nor exceptions can be sufficient or so demonstrative and convincing as to justify a wilfull violation of Christs own ordination Every Plant saith our Saviour which my heavenly father hath not planted shall be rooâ—ed up But if this be Christs own Plant which he himself hath planted to goe about to root it up were plainly to fight against God We renounce all reasons and all exceptions against Christs own ordination His very intimation that wee might doe what we did upon demonstrative reasons is an implicit Confession that it was not against Christs own ordination There was no need why I should meddle wich mine own exceptions here That was his office in the position of the Case That case is meanly and partially stated which is stated but on one side he ought to have included my Exceptions in his case Besides I was sure to meet wich my exceptions in every Section and therefore reserved them for their proper-places as being loath to offend the Reader wich twice sodden Coleworts But let him not feare that I will relinquish my Exceptions I shall maintain them to be demonstrative of the Popes Vsurpations in England and leave them freely to try it out with his Demonstrations The second Circumstance is concerning the time when the breach is supposed to have been made In the dayes of Henry the eighth And it is thus far true that then the breach was declared and the War proclaimed to all the World but this breach was making long before Henry the eighth was born form the dayes of Pope Hildebrand for about four hundred yeares There was no open hostility indeed between the Court of Rome and the Church and Kingdome of England but they were still upon their Gards and still seeking to gaine ground one upon another as appeareth by the decrees and Lawes and Machinations of those times A breach in a strong Tower is long making before the Walls tumble visibly down A Scathfire is long kindling before it breake out in an universall flame A Cronicall disease is long gathering and forming before the certain Symptoms there of doe appeare We use to say the second blow makes the fray but the first blow makes the Battery and the guilt All that time that they were forcing their grosse usurpations upon us the Breach was making I have done wich his two Circumstances The Substance of his Assumtion remaineth But before I grapple with him about that give me leave to lay down four grounds or Considerations so indifferent that no rationall man can deny them The first is that every one who is involved materially in a Schism is not a formall Schismatick no more then â—hee that marrieth after long expectation believing and having reason to believe that her former Husband was dead is a formall Adultresse or then he who is drawn to give divine Worship to a creature by some misapprehension yet addressing his devotions to the true God is a formall Idolater A man may be Baptisatus voto as S. Ambrose said baptised in his desire and God Almighty doth accept it why may he not as wel Communicate in his desire and be accepted with God likewise If S. Austin say true of Heresy that He who did not run into his Errour out of his own overweening presumption nor defends it pertinaciâ—asly but received it from his seduced parents and is carefull to search out the truth and ready to be corrected if he find it out he is not to be reputed among Hereticks It is much more true of Schism that he who is involved in Schism through the errour of his Parents or Predecessors who seeketh carefully for the Truth and is prepared in his mind to embrace it whensoever he finds it he is not to be reputed a Schismatick This very Bond of Vnity and preparation of his mind to peace is an implicit â—enunciation and abjuration of his Schism before God This is as comfortable a ground for ignorant Roman Catholicks as for any persons that I know Who are hurried hoodwinked in to
after Eleuen hundred years were eâ—â—luxed a strange time to set up a divine right Gregory the seventh otherwise called Pope Hildebrand and after him Pope Calixtus did condemne all Investitures taken from a Lay hand aud prohibit the Arch Bishops to cousecrate any persons so invested Praesens audivi in Romano Concilio prohiberi saith Anselm I heard it with mine own eares prohibited in the Roman Court But what were their reasons I believe not overrigorous Demonstrations The first was frequent suspicion of Simony An unheard of piece of Iustice to take away an hereditary right for suspicion of a personall fault The second and third reasons are contained in the letter of Adrian the fourth to Frederick the first Apud Goldast Ab his qui Dii sunt filii excelsi omnes homagium requiâ—is Fidelitatem exigis manus eorum sacratas manibus tuis innectis Thou requirest homage of those who are Gods and all the Children of the most High thou exactest an Oath of Fidelity and knittest their sacred hands with in thy hands A strange presumtion in a Soveraign Prince if you marke it well to hold his subjects hands within his Hands whilest he was swearing his Allegiance But the maine exception was the Homage or Oath of Fidelity it self And was it not high time thinke you to except against their swearing of Fidelity to their Native Prince whom the Bishops of Rome intended to exempt from his Iurisdiction aud to make them turn Subjects to themselves as they did in a great part effect it very shortly after Then was the time where of Platina speaks that there was great Consultation about the Homage and Fealty and Oaths of Bishops which in former times were sworn to lay men Were they so indeed Here is an ingenuous Confession of the Popes own Library Keeper Indeed at the first whilest they were robbing the King of the Iewells of his Crown they preached up nothing but free Elections but after they had onte seised their prey they changed their once forthwith to Dei Apostolicae Sedis Graria By the Grace of God and the Apostolique See Or ex plenitudine Ecclefiasticae potestatis out of the Fulnesse of our Ecclesiasticall power And when this Bell had rung out a while Egypt never a bounded more with Caterpillars then our Native Country did with Provisions and reservations and Pensions with all theÌ„hellish arts of Sublimated Simony Then our best dignityes and Benefices were filled with Strangers who could not speak an English word nor did ever tread upon English ground dayly more and more untill these well chosen Pastors who knew how to sheare their Flocks though they did not know how to feed them received yearly out of the Kingdome more theu the revenues of the crown He were very simple who should thinke the Court of Rome did not lick their own Fingers There remaineth but one thing to be done to stick the Guilt of this intolerable Vsurpation undeniably upon the See of Rome that is to sâ—ew that the Investiture of Bishops was the undoubted right of the Crown This is as cleare as the Sun both in our most Authentick Historiographers and records if I had the meanes to producetheÌ„ and also in our ancient Lawes published long since to the world in print and these not enactive of new law but declarative of the fundamentall law of the land First for our Histories Gervasius Dorobernensis relateth that Lanfrank desired of William the conquerer the Patronage of the Abby of S. Austin but the King answered Se velle omnes baculos pastorales in manu tenere That he would keep all the Crosier staffes that is the Investitures in his own hand The same is testified Anselm himself by one whose Authority cannot be doubted of He Anselm after the manner and Example of his Predecessor was inducted according to the Custome of the Land and did Homage to the King homo Regis factus est as Lanfranke his Predecessor in the Archbishoprick of Canterbury in his time had done And the manner of his Investiture is related how the Bishops pulled him and haled him as it were by violence to the Kings bedside William Rufus where he lay sick and helped to thrust the Crosier staffe by force into his hand Yet all that time though Anselm had many other Pretenses he had no exception against Investiture by a Lay hand but shortly after it grew to such an height and Anselm was the chief Stickler in it that William the Agent of King Henry the First protested openly to Pope Paschall Whatsoever is said on this side or on that I would have all men here present to know that my Lord the King of England will not suffer the losse of his Investitures for the losse of his Kingdome To whom Pope Paschall answered as resolutely but not so justly Know thou I speake it before God that Paschall the Pope will not suffer him to keep them without punishment no not for the redemtion of his head Neither was this the case of Anselm or Lanfranke alone but the commoÌ„ case of all Bishops in those dayes Hear the confession of the same author To conclude the very cause of the difference between the King and Anselm seemed a new thing or innovation to this our age and unheard of to the English from the time that the Normans began to Reign that I say not sooner For from the time that William the Norman conquered that Land no Bishop or Abbat was made before Anselm who did not first doe Homage to the King and from his hand by the gift of a Crosier staffe receive the investiture to his Bishoprick or Abbacy except two Bishops of Rochester who were Surrogates to the Arch Bishop of Canterbury and inducted by him by the Kings Concession Yea by his Favour so did Anselm himself Though he sought afterwards to wave it And though he be loath to speak out That I say not sooner Yet he might have said sooner and others doe say sooner as Ingulph the Abbat of Crowland in the time of the Conquerer For many yeares past there hath been no free Election of Prelates but the Kings Court did conferre all dignities according to their pleasure by a Ring and by a Crosier And this Custome had held not onely for Many yeares but for many Ages king Edgar did grant to the monkes of Glastenbury the free Election of their Abbat for ever but he reserved to him self and to his Heirs the power to invest the Brother elected by the tradition of the Pastorall staffe Thus for our histories now for our Lawes where of I shall need to cite but three The First is the Statute or Assise or Memoriall of Clarendon containing part of the ancient Liberties and Customes of the Realme made in the Generall assembly of the Kingdome King Bishops Peers to which they gave both their oathes assertory for the truth of it and Promissory for performance of it The
Clarendon by the Popes Mandate they had interdicted the Lands of Earl Hugh and had published an Excommunication without the Kings License which the Pope had given out against him All these Lawes continued still in force and were never repealed in England neither before Henry the eighth began the reformation nor since by Queen Mary but have ever continued iu full force untill this day Lastly for Legates and Legantine courts there could be no Appeale in Eugland to any Legate or Nuncio without the Kings leave but all Appeales must be from the Archdeacon to the Bishop from the Bishop to the Archbishop from the Archbishop to the King as we see expresly by the statute of Assise of Clarendon formerly cited The Kings of England did ever deem it to be an unquestionable right of the Crown as Eadmerus testifieth to suffer none to excercise the Office of a Legate in England if the King him self did not Desire it of the Pope upon some great quarrell that could not be so well Determined by the Arch-bishop of Canterbury and the other Bishops Which Privilege was consented unto by Pope Calixius By the Lawes of England if a Legate was admitted of Courtesy he was to take his Oath to doe nothing Derogatory to the King and his Crown Henry the sixth by the counsaile of Humphry Duke of Gloster the Protector protested against Pope Martin and his Legate that they would not admit him contrary to the Lawes and Libertyes of the Realm and dissented from whatsoever he did And when the Pope had recalled Cardinall Pooles Commission of Legate for England and was sending another Legate into England Queen Mary being very tender of her Kinsmans Honour for all her good affection to Rome was yet mindfull of this point of old English Law to cause all the Seaports to be stopped and all Letters Briefs and Bulls from Rome to be intercepted and brought to her Shee knew this was an old English not a new protestant Privilege Neither would she ever admit the new Legate to appeare as Legate in her presence Now let us see how these old English Customes doe agree with the French Liberties The Pope cannot send a Legate a latere into France with power to Reform Iudge Collate dispense except it be upon the desire or with the Approbation of the most Christian King Neither can the Legate execute his Charge untill he hath promised the King under his Oath upon his holy Orders to make no longer use of the Legantine power in the Kings Dominions then it pleaseth him That he shall attempt nothing Contrary to the Liberties of the Gallicane Church And it is lawful to Appeale from the Pope to a future Councell Another Liberty is The Commissions and Bulls of Popes are to be viewed by the Court of Parliament and registred and published with such Cautiōs as that Court shall Iudge expedient A third Liberty is Papall Bulls Sentences Excommunications and the like are not to be executed in France without the Kings command or Permission Lastly neither the King nor his Realm nor his Officers can be Excommunicated nor Interdicted by the Pope And as England and France so all the seventeen Provinces did enjoy the same Privileges as appeareth by the Placaet of the Councell of Brabant dated at Bruxelles May 12 An. 1653. Wherein they declare that it was notoriously true that the subjects of those Provinces of what State or Condition soever that is the Clergy as well as the Laity cannot be cited or convented out of the Land no not before the Court of Rome it self And that the Censures Excommunications c of that Court might not be published or put in execution without the Kings Approbation It seemeth that if the Pope had any judiciary power of old he must seek it nearer Home People had no mind to goe over the Alpes to seek for Justice And that Ordinance of Sainct Cyprian had place every where among our Ancestours Seing it is decreed by all and it is equall and just that every mans cause be heard there where the Crime was committed and a Portion of the Flock is assigned to every Pastor which he may rule and govern and must render an account of his Actions to the Lord It behoveth those whom wee are over not to run up and down nor to knock Bishops who agree well one◠against another by their Cunning and deceitfull Rashnesse but to plead their Cause there where they may have both Accusers and Witnesses of their Crime Vnlesse the Authority of the African Bishops who have Iudged them already seem lesse to a few desperate and lost persons c. To say S. Cyprian meant not to condemne appeales but onely the bringing Causes out of Africk to Rome in the first Instance is a shift as desperate as that of those Fugitives For St. Cyprian telleth us plainly that the cause was already Iudged and sentence given in Africk The first Instance was past and this Canon was made against Appeales out of Africa to Rome Sect I. Cap VIII So from his Iudiciary power I come to Papal dispensations the last of the grosser Vsurpations of the Bishops of Rome Where I have a large Field offered me to expatiate in if I held it so pertinēt to the present Controversy The Pharisees did never dilate their Philacteries so much as the Roman Courtiers did their dispensative power The Pope dispenseth with Oathes with Vowes with Lawes he looseth from Sinnes from Censures from Punishments Is not this a strange Key which can unlock both sinnes and censures and Punishments and Lawes and Oaths and Vowes where there are so many and so different wards It is two to one that it proveth not a right Key but a Picklock Their doctrin of Dispensations was foule enough especially in such cases as concern the Law of God or Nature as Oaths Vowes Leagues Marriages Allegiance For either they make the dispensation to be onely Declarative and then the Purchaser is meerly Cheated who payes his money for nothing Or else they make all Contracts Leagues promises to be but Conditionall If the Pope approve them which destroyeth all mutuall trust and humane Society Or thirdly they make the Popes Dispensations to be a taking away of the matter of the Vow or Oath that is the Promise as if the Papall power could recall that which is past or make that to be undone to day which was done yesterday or that not to be promised which was promised Or lastly they doe dispense with the Law of God and Nature as they doe indeed what soever they pretend to the Contrary or all this kind of dispensations signify nothing But the Practise of Dispensations was much more foule Witnesse their Penitentiary Taxe wherein a man might see the Price of his Sin before hand Their common Nundination of Pardons Their absolving Subjects from their Oaths of Allegiance Their loosing of Princes from their solemne Leagues of Married people from the Bonds of
our Church witnesse the Professions of King Iames witnesse all our Statutes themselves wherein all the parts of Papall power are enumerated which are taken away His Entroachments his Vsurpations his Oaths his Collations Provisions Pensions Tenths First fruits Reservations Palls Vnions Commendams Exemptions Dispensations of all kinds Confirmations Licenses Faculties Suspensions Appeales and God knoweth how many pecuniary Artifices more but of them all there is not one that concerneth Iurisdiction purely Spirituall or which is an essentiall right of the power of the Keys They are all Branches of the Externall Regiment of the Church the greater part of them usurped from the Crowne sundry of them from Bishops and some found out by the Popes themselves as the payment for Palls which was nothing in S. Gregoryes time but a free gift or liberality or bounty free from imposition and exaction Lastly consider the grounds of all our grievances expressed frequently in our Lawes and in other writers The disinheriting of the Prince and Peers The destruction and Anullation of the Lawes and the Prerogative Royall The Vexation of the King Liege people The impoverishing of the Subjects the draining the Kingdome of its treasure The decay of Hospitality The disservice of God And filling the Churches of England with Forreiners The excluding Temporall Kings and Princes out of their Dominions The Subjecting of the Realm to spoil and ravine grosse Simoniacall contracts Sacrilege Grievous and intolerable oppressioÌ„s and extortions Iurisdiction purely Spirituall doth neither disinherit the Prince nor the Peers nor destroy and anull the Lawes and Prerogative royall nor vex the Kings Liege people nor impoverish the Subject nor draine the Kingdome of its Treasures nor fill the Churches with Forreiners nor exclude Temporall Kings out of their Dominions nor subject the Realm to spoile and Ravine Authority purely spirituall is not guilty of the decay of Hospitality or disservice of Almighty God or Simony or Sacrilege or oppressions and extortions No No it is the externall regiment of the Church by new Roman Lawes and Mandates by new Roman Sentences and Iudgements by new Roman Pardons and dispensations by new Roman Synods and Oaths of Fidelity by new Roman Bishops and Clerkes It is your new Roman Tenths and First fruits and Provisions and Reservations and Pardons and Indulgences and the rest of those horrible mischiefs and damnable Customs that are apparently guilty of all these evills These Papall Innovations we have taken away indeed and deservedly having shewed the expresse time and place and person when and where and by whom every one of them was first introduced into England And we have restored to every Bird his own Feather To the King his Politicall Supremacy to the Peers their Patronages to the Bishops that Iurisdiction which was due to them either by Divine right or Humane right More then these Innovations we have taken nothing away that I know of Or rather it is not wee nor Henry the eighth who did take these Innovations away but our Ancesters by their Lawes three foure five hundred yeares old so soone as they began to sprout out or indeed before they were well formed as their Statutes yet extant doe evidence to the world But that filth which they swept out at the Fore doore the RomaÌ„ Emissaryes brought in again at the back doore All our part or share of this worke was to confirm what our ancesters had done I see no reason why I might not conclude my discourse upon this Subject Mutatis Mutandis with as much Confidence as Sanders did his visible Monarchy Quisquis jurabit per Viventem in aeternum c. Whosoever shall sweare by him that liveth for ever that the Church of England is not Schismaticall in respect of any Branches of Papall power which shee hath cast out at the Reformation he shall not forswear himself But Wagers and Oaths and Protestations are commonly the Arguments of such as have got the wrong end of the staffe I will shut up this long Discourse concerning Henry the eighths Reformation with a short Apostrophe to my Countrymen of the Roman Communion in England They have been taâ—ght that it is we who Apostate from the Faith of our Ancesters in this point of the Papacy that it is we who renounce the Vniversall and perpetual Tradition of the Christian world Whereas it is we who maintain ancient Apostolicall Tradition against their upstart Innovations whereas it is we who doe propugne the Cause of our Ancesters against the Court of Rome If our Ancesters were Catholick in this Cause we cannot be Schismaticall Let them take heed least whilst they fly oâ—t of a Panicall Feare from a supposed Schisme they doe not plunge themselves over head and eares into reall Schisme Let theÌ„ choose whether they will joine with their Ancesters in this cause or with the Court of Rome for with both they cannot joine If true English blood run in their veins they cannot be long deliberating about that which their Ancesters even all the Orders of the Kingdome voted unanimously That they would stand by their King and maintaine the rights of his Imperiall Crown against the Vsurpations of the Roman Court. I have represented clearly to you the true Controversy betweeÌ„ the Church and Kingdome of England and the Court of Rome concerning Papall power not as it is stated by private writers but in our English Lawes a glasse that cannot deceive us for so farre as to let us see the right Difference Let them quit these grosse Vsurpations Why should they be more ashamed to restore our lust rights then they were to plunder us of them Let them distinguish between Iurisdiction purely Spirituall and Iurisdiction in the exteriour Court which for the much greatest part of it is Politicall between the power of the Sword which be longeth to the Civill Soveraign and not to the Church further then he hath been graciously pleased to communicate it between that Obedience with procedeth from feare of wrath or from feare of Gods Revenger to execute wrath that is the Soveraign Prince and that Obedience which proceedeth meerly from conscience And then there is hope we may come to understand one another better It is true there are other Differences between us but this is the main Difference which giveth Denomination to the Parties And when they come to presse those Differences they may come to have such another account as they have now The wider the hole groweth in the middle of the Milstone Men see clearer through it Dies Diei eructat verbum nox nocti indicaâ— Scientiam The latter day is the Schollar of the former Sect. I. Cap. X. BY this time wee see that Mr. Serjeants great Dispatch will prove but a sleevelesse Errand and that his First Movership in the Church which he thought should have born down all before it is an unsignificant expression and altogether impertinent to the true Controversy between them and us Vnlesse as Dido did encompasse the
hold out encroachments with the point of the sword without any medling with just right Other division then this which he himself hath allowed we believe our Ancestours intended none we hold none and so are accountable for none The main Question is whether the Britannick Churches were de facto subject to Rome or not I have demonstrated the contrary already that they were not and had alwaies their Ordinations at home But his Conclusion which he puts upon me that true complaints against Governours whether otherwise remediable or no are sufficient reasons to abolish that very Government is a vain assertion of his own no CoÌ„clusion of mine He starteth a Question here little to his own Credit whether he that mainteineth the Negative or he that mainteineth the Affirmative ought to prove He saith according to his old Pueriles that a Negative may be proved in Logick No man doubteth of it or denieth it Quis eâ—im potest negare I said on the Contrary that in this case which commeth here in difference between us according to the strict rules of Law the burthen to proue resteth onely on his side who affirmeth As the Question is here between us whether we had other Remedies then to make such a Reformation as we did We say No. They say Yea. It is possible to â—rove there might be other Remedies â—ut it is impossible to prove there were no â—ther Remedies Galen or Hippocrates himâ—elf would not have undertaken such a Taske to prove that there were no other Remedies for a disease then that which they used It is not for want of Logicall Forms that Negatives are not to be proved â—n matter of Fact but for want of sufficient Mediums He saith he is no Bowler and so â—nexpert as not to understand what is the soaling of a Bowle It may be it is true but if I should put him to prove this Negative it is impossible But so farre as a Negative of that nature is capable of proofe I did prove it by our Addresses to Popes and Councells and long expectation in vain that we had no other Remedy then that which we used to thrust out their Vsurpations by the power of the sword which course he himself adviseth and we practised The division is not made by them who thrust out Vsurpations but by them who brought them in and defend them I said that not onely our Ancestors but all Catholick Countries did maintein their own privileges inviolated and make themselves the last Iudges of their Grievances from the Court of Rome Hence he concludeth with open Mouth therefore there were other Remedies there needed no Division Alas poore man how he troubleth himself about nothing They and we used the very same Remedies the same that he adviseth in this place The Pope would not ease them upon many addresses made What then had not the King the Sword in his own hands Did it not lie in his power to right himself as he listed and to admit those pretended encroachments onely so far as he thought just and fitting Yes the King had the sword in his hands and did right him self and cast out those Papall Usurpatious so far as he found Iust and now when we have followed your own advise you call us Schismaticks and Dividers Sr. we are no Dividers but we have done our Duties and if we prove those things which we cast out to be Vsurpations as we have done you are the Schismaticks by your own Confession He pleadeth If Papall Authority be of Christs Institution then no just cause can possibly be given for its Abolishment Right But those Branches of Papall power which we have cast out are neyther of Christs Institution nor of Mans Institution but meer Vsurpations Neither doe we seek to abolish Papall Authority but to reform it from Accidentall Abuses and reduce it to its first Institution The best Institutions Divine or Humane may sometimes need such Reformation Here is nothing like proofe but his World of Witnesses and his Immemoriall Tradition presumed not proved To shew that no Nation suffred so much as England under the Tyranny of the Roman Court he saith I produce nothing but the pleasant saying of a certain Pope Well would he have a better witnesse against the Pope then the Pope him self Habemus confitentem reuÌ„ He was pleasant indeed but Ridentem dicere verum Quid vetat VVhat hindereth that a man may net tell the truth laughing He asketh whether those Testimonies which I produce be Demonstrative or rigorous Evidences I thinke he would have me like the unskilfull Painter to write over the Heads of my Arguments This is a Demonstration It would become him better to refute them and shew that they are not Demonstrative then to trifle away the time with such frivolous Questions I shewed that England is not alone in the Seperation so long as all the Eastern Southern Northern and so great a part of the Western Church have seperated themselves from the Court of Rome and are seperated by them from the Church of Rome as well as we In answer to this he bids me shew that those I call Christians have any infallible or certain Rule of Faith c. This is first to hang men up and then to examine their cause first to excommunicate four parts of five of the Christian world for their own Interests because they will not submit their necks to the Roman Yoke and embrace their upstart Vsurpations with as much Devotion as the genuine Legacies of Christ and his Apostles It behoved the Court of Rome to have weighed the case more maturely before they gave such a temerarious sentence against the much greater part of Christendome in so weighty a cause But for their rule of Faith they have a more certain and Authentick Rule then he himself by as much as the Apostles Creed is a more Authentick rule of Faith then Pius the fourths Creed and the Holy Scriptures a more infallible ground then particular supposititious Tradition which wanteth both Perpetuity and Vniversality I said that we desired to live in the peaceable Communion of the Catholick Church as well as our Ancestours as far as the Roman Court will give us leave He answereth that he knoweth very well we would be glad that the Church of Rome would own us for hers c That lack Straw or Wat Tiler after they had rebelled had no mind to be hanged That it is no Charity or Courtesy in us but a request of an unreasonable favour from them to admit us into their Communion and would be most absurd in Government c. Whether they hold us for theirs or not is not much materiall if they did it were the better for themselves if they doe not it is not the worse for us so as Christ own us for his it skilleth not much whether they say come ye blessed or goe ye cursed whether we be the wheat or Chaffe their tongues must not winnow us Although he snuffe at
hath been troubled withall too often already I have done with Mr. Serjeants Rejoinder and have but one short request to the Reader That if he meet with any thing in this Treatise which is not becomming that Gravity or Civility which one Scholer oweth to another especially in Theologicall Inquisitions Sciat responsum non dictum esse He will be pleased to consider that it is hardly possible to answer so much Petulance without some Tartnesse For the future if Mr. Serjeant have any thing to say upon this subject let him say it Logically and he will not have cause to complaine that he is neglected but if he pursue this way of quibling and wording which he complaineth of in others without a cause and practiseth himself I shall make bold to cull out and answer whatsoever I Iudge materiall and leave the rest to a younger pen which will attend his Motions FINIS 2. Tim. 2. 24. 1 Kings 19. 12. Iudges 15. 10. Pag. 543. Schism disarmed pag. 306. the rule of faith The rule of GovernmeÌ„t No controversy about St. Peter Resp. ad Apol Bellarm â— 1. cyprian de Vnitate Eccles Ep. 52. ad Anton de Vnitate Ep. 55. ad Cornel Io. 20. 21. The ppe Successour to Saint Peter But not by Christs Ordination Conc. Sardic c. 3. Conc. chalced Act 16. Epist. Conc. Afr. ad caelestin commeÌ„t in Epist. Synodal conc Basil. pa. 31. b. Idem pag. 40. Gerson de vita spirit animae Acta conâ— primi Pisani impres Lutet 1612. fol. 69. Can. lo. l. 6. c. 8 Cus. concord catholl 2. ca. 34. Stap. de principfid l. 13 ca. 15. Soâ—o 4. sent dist 24. qu 2. art 5 Driedo de Ecclesiast dog li. 4. c. 3. Contar. De Potest Pont. Aenâ— Sylvius de Gest. Bas. Conc. li Sleid. li. 9. Bish Chalc Survey cap. 5. Schism disarmed Pa. 304. Bellar de Rom Pontâ— lib. 4. cap 4. Schism dis pa. 504. Schism dis pa. 504. Bell. de Rom. Pont. l. 2 cap. 12. and lib. 4. ca. 4. Orall and immediate tradition no certeine rule Mat. 15. 6. 1. Pet 1. 18. Aug. lib. 4. contra Donatiâ—tistas cap. 24 Apud Goldast Const. Imper. pa. 29. concil delect card impr Lutet p. 1612 140. There was no Tradition for the Divine right of the Papacy Beza defenf pag. 153. Concil Constan. Sess. 8. Mention of exceptions here impertinent Schism dispat pag. 477. Mat. 15. 13 The first breach before Henry the 8. was borne Every one involved in a Schism is not a formall Schtsmatick Ezech. 162. Ezech. 18. 2â— wee are not chargable with the excesses of our Predecessours Negative Presidents prove more strongly then affirmative negative Presidents prove more strongly then affirmative XXV Hen. 8. ca. 12. The Pope and Court of Rome did break the bonds of unity not we What branches of Papal power were cast out of England by Henry the 6. 23. Hen. 8. cap. 9. 24. Hen. 8. ca. 12. 25 He. 8. c. 19. 25. He. 8. c. 14. 25. H. 8. c. 19. 27. H. 8. c. 15. 25. He 8. 26. H 8. cap. 1. 26. H. 8. cap 3. 28. H. 8. ca. 10. 35. He. 8. cap. 5. 35. H. 8. cap 3. 1. El. c. 1. Luke 12. 14. 21 Hen. 8. ca. 13. Conc. Basil. Sess. 16 in revoc bullae 3. 24. Hen. 8 cap 12. Conf. delct Card. The true difference about the Papacy To whom thepatronage of the English Church doth of right belong Greg. lib. 4. Registâ— indict 13. cap 78. Bell. de cler lib. 1. ca. 9. apud Eadmâ—rum Hoveden in Hen. 1. Plat. in Pasch. 2. Mat. Par. an 1229. Mat. Par. m. Hen. 3. an 1345. Eadm lib 1. pag. 20. Eadm lib. 1. pag. 18. Eadm lib. 3. pag. 73. Ead. mer. in praefat pag. 2. malmsâ— de gest Reg. l. 2. cap. 8. the right to give Bishop-Ricks in EnglaÌ„d is the Kings the right to convocate English Synods is the Kings Polus de Conc. pa. 70. Eadmor l. 3. p. 58. Eadm l. 5. p. 120. 1. Cor. 16. 22. Gervasius Doâ—robornensis Synodâ—â— Francica 2. Tom. Conc. Peâ—ri Crab. Ibidem Ibidem Oath of allâ—giaÌ„ce due to Kings from Clerkes not due to the Pope Ridleys View of Civill and Eccles p. 64. Apol. pro Iuram fid ca. 56. De Elect Elect. pâ—otest ca. 4. Greg. episi l. 10. epist. 30. indic 5. De jure jurando cap. 4. Bell. li. de Clerca 28. 25. Eâ— 3. cap 4. 6. H. 4. cap. 2. 3. Ed. 1. ca. 2. 16. Ric. 2. c. 4. 25. Ed. 3. Mat. Par. Anno 1164. Hoveden Ma. Par. Anno 1945. Hect. Boet. Hist. Tenths and first fruits usurped by the Pope Ma. Par. Anâ— 1229. Plat. In Vita Bonifaci Noni Turselin vita Vineislai Concil Const. edit Petri Crab. p. 1182 Ibidem pag. 1164. Sess. 12 16. Con. Basil. Ses. 21. Concil Later sub Leone 10. Ses. 12. Cent. Gra. vain cap. 19. Apud Goldast an 1522. 24. Ed. cap 1. Traictes des droit libertees de l' Eglise Gallicane Pro Libertate Ecclesiae Gallicanae adversus Romanam Aulam Defensio Parisiensis Curiae The pope hath no legislative power in England Omnibus Christ Monuarch pag. 4. 1. Eli. c. 1. Conc Constan Sess. 39. Constit Iustin. cont Antim in Syn 5 Hoveden act 15. 25. Ma. Par. an 1237. Flor. wigorn an 1227. 20. H. 3. c. 9. 25. E. 1. 27. E. 3. 2. H. 4 cap. 3. 4. 7. H. 4. cap 6. 15. R. 2. cap 6. 4. H. 4 cap 12. 2. H. 4. cap 3. 4. 2. H. 4. c. 3 4. Gelas. epist. ad FaustuÌ„ Eadm l. 4. Paâ— 92. Eadm l. 1. Paâ— 6. Bell. de Rom. Pont. l. 5. c. 6. The Pope hath no judiciary power in England Bell. de Rom. Pont. lib. 4. Cap. 2. The Pope caÌ„ receive no appeales from England Malm. de gestis Pont. Angl. l. 1. leg Hen 1. c. 31 Mat. Par. an 1164. Eadmeeâ—us l. 5. p. 113. Hove den an 119. xxvij Edw. 3â— Of Papall Bulles and excommunicaetions Ma. Par. Anno 1164. Hoved. in Hen. â— 2. 26. Ric. 2. cap. 4. 2. Hen. 4. c. 4. Placitâ— An. 32 34. Edw. 1. Hoved. An. 1165. Ma. Par an 1164. Or Papall Legates Eadmerus l. 5. p. 125. Ibid. Plat. An. 1. He. 7. Acts and Monuments Cypr. ad Cornel. Ep. 55. Of Papal dispensations Memoriall de sa Magestad Catolica cap. 6. Gervas Dorber pag 1648. Spelm Concil pa. 364. c. ibid. p. 481. Lanf Ep. 32. Eadm l. 3. p. 57. 27. Edv. 3. Mat. Pa. an 1245. Ex Arch. Tur. Londin Ex Antiq Acad Cantab. pa. 91. 6. Hen. 4. cap. 1. Apol. Card. Bell. contra praef Monit p. 66. Epist. Cler. Leod. Contrae Pasch. 2. in 2. tom Conc. Bell. ibid. Bern. Ep. 56. Bern. Serm. 65. in Cant. Ioseph Mede de Numeris Danielis Plat. in Vita Greg. 7. Our Lawes Meddle not with spirituall Iurisdiction 28. Hen. 8. cap. 10. 35. Hen. 8. cap. 5. 1. Cor. 4. 21. 1. cor 1. 12. Ioh. 20. 21. Act. 15 28. 1. Tim. 5. 19.